2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 75 - Commencement of Actions
7522 - Interpleader compact.

     § 7522.  Interpleader compact.
        The following interpleader compact is hereby approved,
     ratified, adopted and entered into by this Commonwealth as a
     party to take effect between this Commonwealth and any other
     state of the United States of America when entered into in
     accordance with the terms of the compact by the other state and
     not disapproved by the Governor under paragraph (c) of Article 7
     of the compact:

                         The Interpleader Compact

        The contracting states solemnly agree:

        Article 1.  Purpose.--The aims of this compact are to promote
     comity and judicial cooperation among the states party thereto;
     and to relieve from undue risk and uncertainty, a person who may
     be subject to double or multiple liability because of the
     existence of adverse claimants, one or more of whom in the
     absence of this compact may not be subject to the jurisdiction
     of the adjudicating court, when such person makes all reasonable
     efforts to secure judicial determination and discharge of his
     liability.

        Article 2.  Definitions.--For the purpose of this compact the
     following definitions shall apply:
        (a)  A state shall mean (1) a state of the United States or
     any territory or possession of the United States and the
     District of Columbia acting under Article 1, section 10, clause
     3, of the Constitution of the United States in entering this
     compact with an American or a foreign jurisdiction, or (2) a
     state of the community of nations and any component governmental
     unit of such a state which under the laws thereof may validly
     become party to this compact.
        (b)  A person shall include any entity capable of suing or
     being sued in the state in which the interpleader is pending.
        (c)  Interpleader shall mean a judicial procedure by which
     two or more persons who have adverse claims against a third
     person may be required to litigate these claims in one
     proceeding.

        Article 3.  Service of process.--(a)  Service of process
     sufficient to acquire personal jurisdiction may be made within a
     state party to this compact, by a person who institutes an
     interpleader proceeding or interpleader part of a proceeding in
     another state, party to this compact, provided that such service
     shall fulfill the requirements for service of process of the
     state in which the service is made and provided further that
     such service shall meet the minimum standards for service of the
     jurisdiction where the proceeding is pending.
        (b)  No such service of process shall be valid unless either:
     (1) The subject matter of the proceeding is specific real
     property or tangible personal property situated within the state
     in which the proceeding is pending; or (2) One or more of the
     claimants shall be either a permanent resident or domiciliary of
     the state in which the proceeding is pending; or (3) A
     significant portion of the transaction out of which the
     proceeding shall have arisen shall have taken place in the state
     in which the proceeding is pending; or (4) One of the claimants
     shall have initiated the action.

        Article 4.  Scope of interpleader unaffected.--Nothing in
     this compact shall be construed to change any requirement or
     limitation on the scope of interpleader of the state in which
     the interpleader proceeding is pending except in relation to
     acquisition of personal jurisdiction.

        Article 5.  Finality of judgment.--No judgment obtained
     against any person in any proceeding to which he had become a
     party by reason of service of process effected pursuant to the
     provisions of this compact shall be subject to attack on the
     ground that the adjudicating court did not have personal
     jurisdiction over such person.

        Article 6.  Enactment.--(a)  This compact shall enter into
     force and effect as to a state one year from the date it has
     taken whatever action may be necessary pursuant to its required
     processes to make this compact part of the laws of such state
     and the appropriate authority of such state shall have deposited
     a duly authenticated copy of its statute, proclamation, order,
     or similar official pronouncement having the force of law and
     embodying this compact as law with the appropriate officer or
     agency of each of the states party thereto. In the statute,
     proclamation, order, or similar act by which a state adopts this
     compact, it shall specify the officer or agency with whom the
     documents referred to in this article shall be deposited.
        (b)  Unless the statute, proclamation, order, or similar act
     by which a state adopts this compact shall specify otherwise,
     and name the states with which the state intends to compact,
     such adoption shall apply to all other states then party to or
     who may subsequently become party to this compact. In the event
     that a state shall enter this compact with some states but not
     with others, the deposit of documents required by paragraph (a)
     of this article shall be effected only with those states to
     which the adopting state specifies an intention to be bound.

        Article 7.  Withdrawal.--(a)  This compact shall continue in
     force and remain binding on a party state until such state shall
     withdraw therefrom. To be valid and effective, any withdrawal
     must be preceded by a formal notice in writing of one year from
     the appropriate authority of that state. Such notice shall be
     communicated to the same officer or agency in each party state
     with which the notice of adoption was deposited pursuant to
     Article 6 of this compact. In the event that a state wishes to
     withdraw with respect to one or more states, but wishes to
     remain a party to this compact with other states party thereto,
     its notice of withdrawal shall be communicated only to those
     states with respect to which withdrawal is contemplated.
        (b)  Withdrawal shall not be effective as to service of
     process accomplished pursuant to this compact prior to the
     actual date of withdrawal.
        (c)  Any state receiving a notice of adoption from another
     state may by action of its executive head within a year from the
     receipt of such notice in the manner provided for withdrawal in
     paragraph (a) of this article specify its intention not to be
     bound to the state depositing such notice and such adoption
     thereupon shall not be binding upon the state so acting.

        Article 8.  Severability and construction.--The provisions of
     this compact shall be severable and if any phrase, clause,
     sentence or provision of this compact is declared to be contrary
     to the constitution of any participating state, or in the case
     of a component governmental unit, to the constitution of the
     state of which it is a part, or the applicability thereof to any
     government, agency, person, or circumstances is held invalid,
     the validity of the remainder of this compact and the
     applicability thereof to any government, agency, person or
     circumstance shall not be affected thereby; provided that if
     this compact shall be held invalid or contrary to the
     constitution of any government participating therein the compact
     shall remain in full force and effect as to the remaining
     governments and in full force and effect as to the government
     affected as to all severable matters. It is the intent that the
     provisions of this compact shall be reasonably and liberally
     construed.