Complaint file pennsylvania praecipe rule

If the petition is denied, in whole or in part, the court shall briefly state its reasons. In no event shall the exonerated fees and costs be paid to the indigent party.

I am the plaintiff defendant in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding.

I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. I represent that the information below relating to my ability to pay the fees and costs is true and correct: a Name: Address:.

In Pennsylvania, a praecipe for a Writ of Summons is a document that the plaintiff fills out in order to begin legal action against another party. The writ serves as a notification that an action has been taken out against him or her, but it will not detail the nature of the complaint or further details about the case. The praecipe only requires that you include your name and address, and the name and address of the party you are filing against. After the praecipe for the Writ of Summons has been filed, the plaintiff must then file a formal complaint in order to continue legal action.

The purpose of the Writ of Summons is to notify the defendant ahead of time that legal action is being taken against them, whereas a formal complaint details the nature of the offense.

When you file a complaint, you will describe in writing the offense and how much monetary reparation you are seeking from the defendant. After this step is complete, the Magisterial District Judge will set a court date. You are required to provide the defendant with the complaint paperwork, either by asking the clerk to mail it, asking the sheriff to serve it, or by delivering it personally.

If you file a Writ of Summons but do not subsequently file a formal complaint, the lawsuit will not progress. If you are the recipient of a Writ of Summons, you may serve the plaintiff a Rule to File a Complaint.

Official Note The twenty days allowed the claimant-appellant under subdivision A will give him time to consider, among other things, matters under Rule B.

The procedure upon failure to file a complaint pursuant to a rule to do so entered under subdivision B will be governed by the Rules of Civil Procedure Pa. See, as to this general requirement of pleading, Palethorp v. Schmidt , 12 Pa. See also the note to Rule Subdivision C permits the appellee, when there were cross-complaints in the action before the magisterial district judge and the appellant appeals from the judgment on his complaint or on both complaints, to assert his claim by way of a counterclaim in the court of common pleas if the claim is cognizable as a counterclaim in that court.