Section 1141. Definition. Conformity to Civil Action

(a) As used in this chapter,

‘‘action’’ means an action to foreclose a mortgage upon any estate, leasehold or interest in land, or upon both personal property and an estate, leasehold or interest in land pursuant to Section 9604(a) of the Uniform Commercial Code, but shall not include an action to enforce a personal liability.

Official Note

Section 9604(a) of the Uniform Commercial Code, 13 Pa.C.S. § 9604(a), provides that if a security agreement covers both personal and real property, the secured party may elect to proceed as to both the real property and the personal property in accordance with its rights with respect to the real property, in which case the other provisions of Article 9 of the Uniform Commercial Code do not apply.

(b) Except as otherwise provided in this chapter, the procedure in the action shall be in accordance with the rules relating to civil action.

The provisions of this Rule 1141 adopted September 30, 1949, effective April 1, 1950; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended March 13, 2007, effective June 1, 2007, 37 Pa.B. 1411. Immediately preceding text appears at serial page (302480).