Praecipe to Remove Lis Pendens
(PA)

Summary

This praecipe to remove lis pendens may be used to remove a lis pendens that has been filed against commercial or residential real property located in Pennsylvania. This template contains practical guidance and drafting notes. In Pennsylvania, a lis pendens may be filed with the county prothonotary and indexed in the judgment index against real property that is the subject of a legal action. See 42 Pa. Cons. Stat. Ann. § 4302. The lis pendens gives constructive knowledge to third parties that there is a claim involving title to the property. In Pennsylvania, a lis pendens can only be filed in cases involving the adjudication of title to real property. A lis pendens cannot be filed in an action merely seeking to recover money. See Psaki v. Ferrari, 546 A.2d 1127, 1128 (1988). After the action is resolved, the attorney for the plaintiff should file a praecipe to remove the lis pendens and resulting cloud on title. Note that if a defendant believes a lis pendens has been filed improperly, it may make a motion with the court to have it stricken. See Slavitz v. Feinberg, 28 Pa. D. & C.2d 427 (C.P. 1962). For further guidance on filing a lis pendens in Pennsylvania, see Real Property Title Litigation (PA). For a template for placing a lis pendens on real property in Pennsylvania, see Praecipe for Lis Pendens (PA).