Pa. Cons. Stat. » 42 Pa. Cons. Stat. (JUDICIARY) / Chapter 75

42 Pa. Cons. Stat. § 7540

  Parties.

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§ 7540.  Parties.

(a)  General rule.--When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard.

(b)  Tax matters.--In any proceeding which involves the effect of any asserted legal relation, status, right, or privilege upon the determination of any tax, the appropriate taxing authority shall be served with a copy of the proceeding, but if such taxing authority does not enter its appearance, the requirements of this section shall nevertheless be satisfied if the court considers that the interests of the taxing authority are adequately represented.

 

Saved from Suspension.  Pennsylvania Rule of Civil Procedure No. 2248, adopted June 3, 1994, provided that section 7540 shall not be deemed suspended or affected by Rules 2226 through 2232 relating to joinder of parties.

Notes of Decisions
Cited in 74 cases (16 in the last 5 years), 1979–2025 · leading case: Vale Chemical Co. v. Hartford Accident & Indemnity Co.
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Vale Chemical Co. v. Hartford Accident & Indemnity Co. (1986) pa · cites it 6× “— When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.”
Stilp v. Commonwealth (2006) pacommwct · cites it 4× “Pursuant to Section 7540(a) of the Declaratory Judgments Act, 42 Pa.C.S. § 7540(a), all persons shall be made parties who have or claim any interest which would be affected by the declaration.”
Konidaris v. Portnoff Law Associates., Ltd. (2005) pacommwct · cites it 6× “Pursuant to 42 Pa.C.S. § 7540(a), all persons shall be made parties who have or claim any interest which would be affected by the declaration.”
Corman v. National Collegiate Athletic Ass'n (2013) pacommwct · cites it 4× “Indeed, Section 7540(a) of the Judicial Code, 42 Pa.C.S. § 7540(a), which is part of Pennsylvania’s Declaratory Judgments Act, states that, [w]hen declaratory relief is sought, all persons shall be made parties who *1163 have or claim any interest which would be affected by the…”
City of Philadelphia v. Commonwealth (2003) pa “Indeed, Section 7540(a) of the Judicial Code, 42 Pa.C.S. § 7540(a), which is part of Pennsylvania’s Declaratory Judgments Act, 12 states that, “[w]hen declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the…”
Lester Associates v. Commonwealth (2003) pacommwct · cites it 8× “§ 7540(b), provides that in any proceeding that involves the effect of any legal relation, status, right or privilege upon the determination of any tax, the taxing authority shall be served with a copy of the proceeding, but if it does not enter its appearance the requirement of…”
Phantom Fireworks Showrooms, LLC v. Tom Wolf, Governor of the Comwlth of PA (2018) pacommwct “Section 7540 of the Declaratory Judgments Act, 42 Pa. C.S. § 7540(a), defines an indispensable party as any person who has or claims "any interest which would be affected by the declaration.”
Housing Authority of Pittsburgh v. Van Osdol (2012) pacommwct · cites it 2× “The Court's conclusion in Pennsylvania State Education Association is consistent with Section 7540(a) of the Judicial Code, 42 Pa.C.S. § 7540(a), which provides: "When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be…”
Banfield v. Cortes (2007) pacommwct · cites it 2× “42 Pa.C.S. § 7540(a). While the provision is mandatory, it is subject to limiting principles.”
City of Philadelphia v. Philadelphia Parking Authority (2002) pa · cites it 2× “See 42 Pa.C.S. § 7540(A) ("When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration and no declaration shall prejudice the rights of persons not parties to the proceeding"); see also Mains v.”
Spring-Ford Area School Dist. v. Genesis Ins. Co. (2001) paed · cites it 2× “DISCUSSION In their motion to remand, the plaintiffs contend that the non-diverse defendants, the Hoffmans, were not fraudulently joined and that, instead, they are indispensable parties to the action under both the Pennsylvania Declaratory Judgment Act, 42 Pa.C.S. § 7540(a),…”
General Accident Insurance Co. of America v. Allen (1997) pa “As required under 42 Pa.C.S. § 7540, General Accident named the Allens, the children, and the children’s mother as their natural guardian as parties whose interests would be affected by the declaratory judgment action.”
Show all 74 citing cases →
— 42 Pa. Cons. Stat. § 7540(A) — 3 cases
City of Philadelphia v. Philadelphia Parking Authority (2002) pa “See 42 Pa.C.S. § 7540(A) ("When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration and no declaration shall prejudice the rights of persons not parties to the proceeding"); see also Mains v.”
Trust Under Deed of Walter G, Appeal of:Garrison,M (2023) pasuperct
Trust Under Deed of Walter G, Appeal of:Garrison,M (2021) pasuperct
— 42 Pa. Cons. Stat. § 7540(a) — 54 cases
Stilp v. Commonwealth (2006) pacommwct “Pursuant to Section 7540(a) of the Declaratory Judgments Act, 42 Pa.C.S. § 7540(a), all persons shall be made parties who have or claim any interest which would be affected by the declaration.”
Corman v. National Collegiate Athletic Ass'n (2013) pacommwct “Indeed, Section 7540(a) of the Judicial Code, 42 Pa.C.S. § 7540(a), which is part of Pennsylvania’s Declaratory Judgments Act, states that, [w]hen declaratory relief is sought, all persons shall be made parties who *1163 have or claim any interest which would be affected by the…”
City of Philadelphia v. Commonwealth (2003) pa “Indeed, Section 7540(a) of the Judicial Code, 42 Pa.C.S. § 7540(a), which is part of Pennsylvania’s Declaratory Judgments Act, 12 states that, “[w]hen declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the…”
Phantom Fireworks Showrooms, LLC v. Tom Wolf, Governor of the Comwlth of PA (2018) pacommwct “Section 7540 of the Declaratory Judgments Act, 42 Pa. C.S. § 7540(a), defines an indispensable party as any person who has or claims "any interest which would be affected by the declaration.”
Housing Authority of Pittsburgh v. Van Osdol (2012) pacommwct “The Court's conclusion in Pennsylvania State Education Association is consistent with Section 7540(a) of the Judicial Code, 42 Pa.C.S. § 7540(a), which provides: "When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be…”
— 42 Pa. Cons. Stat. § 7540(b) — 4 cases
Konidaris v. Portnoff Law Associates., Ltd. (2005) pacommwct “Pursuant to 42 Pa.C.S. § 7540(a), all persons shall be made parties who have or claim any interest which would be affected by the declaration.”
Lester Associates v. Commonwealth (2003) pacommwct “§ 7540(b), provides that in any proceeding that involves the effect of any legal relation, status, right or privilege upon the determination of any tax, the taxing authority shall be served with a copy of the proceeding, but if it does not enter its appearance the requirement of…”
Ray v. Luce (1990) pactcomplcrawfo
Lester Associates v. Commonwealth (1999) pacommwct
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