Section 4009.32. Request for Entry upon Property of a Party

(a) The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the original process upon that party. The request shall describe with reasonable particularity the property to be entered and the activities to be performed.

(b) The party upon whom the request is served shall allow the requested entry unless the request is objected to within thirty days after service of the request, in which event the reasons for objection shall be stated. If objection is made to part of a request, the part shall be specified. The party submitting the request may move for an order under Rule 4019(a) with respect to any objection to or failure to respond to the request or any part thereof, or any failure to permit entry as requested.

(c) A party may enter upon property one or more times to accomplish the activities set forth in the request.

Official Note

The remedy of a protective order is available to the party to whom the request is directed to prevent abuse.

The provisions of this Rule 4009.32 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921.