231 Pa. Code r. 2306 - Action of Court on Petition

(a) The court shall direct an interpleader if the petition is in conformity with these rules and the allegations thereof are established either by proof or by the failure of the plaintiff to file a sufficient answer; but the court may deny the petition if the defendant

(1) has unreasonably delayed in filing the petition, or

(2) has admitted the claim of, or subjected himself or herself to independent liability to, the plaintiff or any claimant, with knowledge that an inconsistent claim would be later asserted against him or her by any known or unknown person.

(b) If the defendant petitions to interplead claimants who in good faith and without collusion have started independent actions against the defendant in the same or different courts, the court in which the petition for interpleader is filed

(1) shall grant the petition where otherwise proper under these rules if the petition is filed in the first action commenced against the defendant;

(2) may refuse the petition although it would be proper to grant it under these rules if it is filed in any action other than the first action and the granting of the interpleader would unduly prejudice any party to any of the actions commenced against the defendant.

(c) The court shall not deny the petition merely because

(1) the defendant has an interest in the action or asserts that he or she is not liable in whole or in part to any or all of the claimants and the plaintiff;

(2) there is no privity between any of the parties of record or the claimants or their claims do not have a common origin;

(3) the plaintiff and the claimants do not assert the identical right or demand the identical relief of the defendant;

(4) The court believes that the claim of the plaintiff or any claimant is without merit in law or fact.

Notes

231 Pa. Code r. 2306

The provisions of this Rule 2306 adopted July 10, 1939, effective 1/22/1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective 7/1/1999, 29 Pa.B. 2274.