Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 7538 (2026)

Applications for relief.

✓ current as of May 2026

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§ 7538. Applications for relief.

(a) General rule.--Judicial relief based on a declaratory judgment or decree may be granted whenever necessary or proper, subject to Chapter 55 (relating to limitation of time). If an application for supplemental relief is deemed sufficient the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by a previously entered declaratory judgment or decree to show cause why further relief should not be granted.

(b) Form of application.--An application for relief or supplemental relief under this subchapter shall be in the form prescribed by general rules.

(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 1990–2026 · leading case: Mosaica Academy Charter Sch. v. Commonwealth, Dep't of Educ., 813 A.2d 813 (Pa. 2002).

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Mosaica Academy Charter Sch. v. Commonwealth, Dep't of Educ., 813 A.2d 813 (Pa. 2002). · cites it 3× “On December 18, 2000, the Commonwealth Court entered an order pursuant to the Declaratory Judgment Act, 42 Pa.C.S. §§ 7538 and 7541(b), granting Mosaica's request for attorneys' fees and costs in the amount of $265,221.”

Pettit v. Namie, 931 A.2d 790 (Pa. Commw. Ct. 2007). · cites it 4× “Indeed, in his brief in support of his motion for summary judgment, District Attorney's entire argument for interest consists of two words: "Moreover, the Court should award supplemental relief as is permitted pursuant to the Declaratory Judgment Act, 42 Pa.C.S. § 7538, such as…”

Mosaica Academy Charter Sch. v. Commonwealth, 813 A.2d 813 (Pa. 2002). · cites it 2× “On December 18, 2000, the Commonwealth Court entered an order pursuant to the Declaratory Judgment Act, 42 Pa. C.S. §§ 7538 and 7541(b), granting Mosaica’s request for attorneys’ fees and costs in the amount of $265,221.”

L.J.S. v. State Ethics Comm'n, 744 A.2d 798 (Pa. Commw. Ct. 2000). · cites it 2× “Further, I would grant fees to petitioner against respondent, pursuant to the Declaratory Judgment Act, 42 Pa.C.S. § 7538. NOTES [1] Pursuant to Section 761(a)(1) of the Judicial Code, 42 Pa.”

Smith & McMaster, P.C. v. Newtown Borough, 613 A.2d 129 (Pa. Commw. Ct. 1992). “See 42 Pa.C.S. § 7538(a). 4 . Our scope of review where a trial court sustains a preliminary objection and dismisses a complaint is limited to determining whether the trial court committed an error of law or abused its discretion.”

Glendon Civic Ass'n v. Borough of Glendon, 572 A.2d 852 (Pa. Commw. Ct. 1990). “” 42 Pa.C.S. § 7538. The general rule under Chapter 55 is that an “action .”

R.E. Johnson v. T. Ferguson (Pa. Commw. Ct. 2022). · cites it 2× “42 Pa. C.S. §7538(a). Accordingly, the Superior Court has explained: [W]e predict that our [S]upreme [C]ourt would interpret [Section] 7538 to allow a party whose rights have been established by declaratory judgment to file a supplemental application for damages based on the…”

N. Fick v. Lt. Col. G. Bivens, Acting Comm'r., PSP (Pa. Commw. Ct. 2026). “27 Conclusion Based on the foregoing, this Court grants the Application, in part, holding that Fick has a clear right to declaratory relief and declares that: (1) PSP’s Interpretation violates article II, section 1 of the Pennsylvania Constitution’s Non- Delegation Doctrine; (2)…”

Pennlyco, Ltd. v. Int'l Dev. Corp. (Pa. Super. Ct. 2015). “That stipulation made clear that Southwestern reserved the right to file an application pursuant to 42 Pa.C.S. §7538. The stipulation in the certified record only states: “The parties by and through their undersigned counsel, agree to entry of the Order as attached.”

DeAngelo Bros. v. Carbon Cnty., 54 Pa. D. & C.4th 364 (2001). “” 42 Pa.C.S. §7538(a). . In Borough of McAdoo v.”

Stellar v. Saucon Mut. Ins., 25 Pa. D. & C.5th 373 (2012). “And in keeping with that logic, it has also been held that where a plaintiff is forced to file a subsequent declaratory judgment action to vindicate the underlying right to counsel, justice demands that an award of attorney’s fees in the subsequent action is necessary, as…”

— 42 Pa. Cons. Stat. § 7538(a) — 5 cases

Pettit v. Namie, 931 A.2d 790 (Pa. Commw. Ct. 2007). “Indeed, in his brief in support of his motion for summary judgment, District Attorney's entire argument for interest consists of two words: "Moreover, the Court should award supplemental relief as is permitted pursuant to the Declaratory Judgment Act, 42 Pa.C.S. § 7538, such as…”

R.E. Johnson v. T. Ferguson (Pa. Commw. Ct. 2022). “42 Pa. C.S. §7538(a). Accordingly, the Superior Court has explained: [W]e predict that our [S]upreme [C]ourt would interpret [Section] 7538 to allow a party whose rights have been established by declaratory judgment to file a supplemental application for damages based on the…”

DeAngelo Bros. v. Carbon Cnty., 54 Pa. D. & C.4th 364 (2001). “” 42 Pa.C.S. §7538(a). . In Borough of McAdoo v.”

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