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CORRECTION OFFICIAL RECORDS WITH CIVIL ACTION. ENERGY EXPLORATIONS (07/30/79)

decided: July 30, 1979.

IN RE: CORRECTION OF OFFICIAL RECORDS WITH CIVIL ACTION. ENERGY EXPLORATIONS, APPELLANT


Appeals from the Order of the Court of Common Pleas of the 26th Judicial District, Columbia County Branch, in case of In Re: Correction of Official Records, No. 285 of 1978, and from the Order of the Court of Common Pleas of the 26th Judicial District, Montour County Branch, in case of In Re: Correction of Official Records, No. 113-1978.

COUNSEL

William Rodgers, Jr., and Scott W. Naus, with them, G. Daniel Carney, and Thorp, Reed & Armstrong, for appellant.

Robert W. Buehner, with him F. Porter Wagner, John M. Kuchka, and Kuchka & Irey, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers, Craig and MacPhail. Judges Blatt and DiSalle did not participate. Opinion by Judge Craig.

Author: Craig

[ 44 Pa. Commw. Page 512]

These are consolidated appeals from orders of court in Columbia and Montour counties directing the Recorder of Deeds for those counties to remove from the public records and from the grantor-grantee indices the recording of hundreds of oil and gas leases executed by various grantors in favor of appellant, Energy Explorations. The reason given for striking these recordings was allegedly improper notarization.

We need not go beyond the manner in which this action was commenced to decide this case.

In each action, the recorder of deeds of the respective county commenced the proceedings by filing a petition and a rule to show cause. The rules and attached petitions were mailed to appellant's business address in Ohio.

Pennsylvania Rule of Civil Procedure (Pa. R.C.P.) No. 1007 (also made applicable in equity by Pa. R.C.P. No. 1507) provides that an action may be commenced

[ 44 Pa. Commw. Page 513]

    by filing a praecipe for a writ of summons, a complaint or an amicable action.

Our practice generally does not provide for the commencement of an action by petition and rule. Hartman v. Peterson, 438 Pa. 291, 265 A.2d 127 (1970). The only exceptions are:

Proceedings by rule may be had only where authorized by statute [citation omitted]; or as auxiliary for the facilitation of jurisdiction already had [citation omitted]; or as a means of ...


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