reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 229.2 - Petition to Transfer Structured Settlement Payment Rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Words used in this rule, which are
				defined by the Structured Settlement Protection Act, shall have the meaning set
				forth in the Act.
(b) A petition to
				transfer structured settlement payment rights shall be filed in the county in
				which the payee is domiciled.
(c)
				The parties to the petition shall be the payee and the transferee.
(d) The petition shall be verified by the
				transferee and shall contain:
(1) a statement
				setting forth the payment provisions of the structured settlement agreement and
				the payment rights that the payee seeks to transfer,
(2) separate paragraphs which in bold type
				set forth
(i) the net amount payable to the
				payee after deduction of all commissions, fees, costs, expenses, and charges,
				and
(ii) the following statement
				setting forth the interest rate:
"Based on the net amount that the payee will receive from
				  this transaction ($)___ and the amounts and timing of the structured settlement
				  payments that would be assigned, the payee is, in effect, paying interest at a
				  rate of ___ % per year."
(3) four attachments:
(i) a Payee's Affidavit in Support of
				Petition, in the form prescribed by subdivision (f) as Attachment 1,
(ii) an initial order of court scheduling the
				hearing, in the form prescribed by subdivision (g),
(iii) a certification by an attorney for the
				transferee representing to the best of his or her knowledge, information and
				belief, formed after reasonable inquiry, that the transfer will comply with the
				requirements of the Act and will not contravene any other applicable federal or
				state statute or regulation or the order of any court or administrative
				authority, and
(iv) a final order
				of court granting the petition, in the form prescribed by subdivision (i).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 230 - Voluntary Nonsuit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A voluntary
				nonsuit shall be the exclusive method of voluntary termination of an action in
				whole or in part by the plaintiff during the trial.
(b) A plaintiff may not obtain a voluntary
				nonsuit without leave of court upon good cause shown and cannot do so after the
				close of all the evidence.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 230.1 - Compulsory Nonsuit at Trial

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) In an action involving only one plaintiff
				and one defendant, the court, on oral motion of the defendant, may enter a
				nonsuit on any and all causes of action if, at the close of the plaintiff's
				case on liability, the plaintiff has failed to establish a right to
				relief.
(2) The court in deciding
				the motion shall consider only evidence which was introduced by the plaintiff
				and any evidence favorable to the plaintiff introduced by the defendant prior
				to the close of the plaintiff's case.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 230.2 - Termination of Inactive Cases

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General Rule.
At least once a year, the court shall initiate
				proceedings to terminate cases in which there has been no activity of record
				for two years or more, and shall report such information to the Court
				Administrator of Pennsylvania on a form supplied by the Administrative Office
				of Pennsylvania Courts or in such format as requested from time to time by the
				Administrative Office of Pennsylvania Courts.
(b)
Notice of Proposed
				Termination.
(1) For each case
				identified pursuant to subdivision (a), the court shall serve a notice of
				proposed termination on counsel of record, and on the parties if not
				represented, 30 days prior to the date of the proposed termination. The notice
				shall contain the date of the proposed termination and the procedure to avoid
				termination.
(2) The notice shall
				be served electronically pursuant to Rule
				205.4(g)(1), or
				pursuant to Rule 440 on counsel of record and on the parties, if not
				represented, at the last address of record.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 231 - Second Action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After a
				discontinuance or voluntary nonsuit the plaintiff may commence a second action
				upon the same cause of action upon payment of the costs of the former
				action.
(b) After the entry of a
				compulsory nonsuit the plaintiff may not commence a second action upon the same
				cause of action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 232 - Counterclaim. Termination of Plaintiff's Action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A discontinuance or nonsuit shall not
				affect the right of the defendant to proceed with a counterclaim theretofore
				filed.
(b) A counterclaim may not
				be terminated, in whole or in part, by the defendant, except by discontinuance
				or voluntary nonsuit, and subject to conditions similar to those applicable to
				the plaintiff.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 233.1 - Frivolous Litigation. Pro Se Plaintiff. Motion to Dismiss

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon the
				commencement of any action filed by a
pro se
plaintiff in the
				court of common pleas, a defendant may file a motion to dismiss the action on
				the basis that:
(1) The
pro
				se
plaintiff is alleging the same or related claims which the
pro se
plaintiff raised in a prior action against the same or
				related defendants, and
(2) These
				claims have already been resolved pursuant to a written settlement agreement or
				a court proceeding.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 234.1 - Subpoena to Attend and Testify

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				subpoena is an order of the court commanding a person to attend and testify at
				a particular time and place. It may also require the person to produce
				documents or things which are under the possession, custody or control of that
				person.
(b) A subpoena may be used
				to command a person to attend and to produce documents or things only at
(1) a trial or hearing in an action or
				proceeding pending in the court, or
(2) The taking of a deposition in an action
				or proceeding pending in the court.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 234.2 - Subpoena. Issuance. Service. Compliance. Fees. Prisoners

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon the request of a party, the
				prothonotary shall issue a subpoena signed and under the seal of the court but
				otherwise in blank, substantially in the form prescribed by Rule
				234.6.
(b) A copy of the subpoena
				may be served upon any adult within the Commonwealth by an adult.
(1) in the manner prescribed by Rule
				402(a);
(2) by any form of mail
				requiring a return receipt, postage prepaid, restricted delivery. Service is
				complete upon delivery of the mail to the person subpoenaed or any of the
				persons referred to in Rule 402(a)(2). The return receipt may be signed by the
				person subpoenaed or any of such persons; or
(3) by ordinary mail. The mail shall contain
				two copies of the Notice and Acknowledgment prescribed by Rule
				234.9 and a self-addressed
				stamped envelope.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 234.3 - Notice to Attend. Notice to Produce

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party may compel the attendance of
				another party or an officer or managing agent thereof for trial or hearing by
				serving upon that party a notice to attend substantially in the form prescribed
				by Rule 234.7. The notice shall be served
				reasonably in advance of the date upon which attendance is required. The notice
				may also require the party to produce documents or things.
(b) If the attendance of another party is not
				required, a party may compel the production of documents or things by the other
				party by serving upon that party a notice to produce substantially in the form
				prescribed by Rule 234.8.
(c) A
				notice to attend and a notice to produce shall be served in the manner provided
				by Rule 440 for service of legal papers other than original process.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 234.4 - Subpoena. Notice to Attend. Notice to Produce. Relief from Compliance. Motion to Quash

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The party
				serving a subpoena or a notice to attend or a notice to produce may excuse
				compliance therewith.
(b) A motion
				to quash a subpoena, notice to attend or notice to produce may be filed by a
				party, by the person served or by any other person with sufficient interest.
				After hearing, the court may make an order to protect a party, witness or other
				person from unreasonable annoyance, embarrassment, oppression, burden or
				expense.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 234.5 - Failure to Comply with Subpoena. Notice to Attend or Notice to Produce

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a witness
				fails to comply with a subpoena, the court may issue a bench warrant and if the
				failure to comply is wilful may adjudge the witness to be in contempt. No bench
				warrant may be issued and no adjudication of contempt may be made for the
				nonappearance of a witness served by ordinary mail pursuant to Rule
				234.2(b)(3)
				unless the witness has returned the signed form of acknowledgment prescribed by
				Rule 234.9.
(b) If a party fails to
				comply with a subpoena, a notice to attend or a notice to produce, the court
				may enter any order imposing appropriate sanctions authorized by Rule 4019(c)
				and, if the failure to comply is for the purpose of delay or in bad faith, the
				court may impose on that party the reasonable expenses actually incurred by the
				opposing party by reason of such delay or bad faith, including attorney's fees.
				If the failure is wilful the court, after hearing may adjudge the party to be
				in contempt.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 234.6 - Form of Subpoena

Current through Register Vol. 54, No. 28, July 13, 2024
A subpoena issued pursuant to Rule
				  234.1 shall be substantially in
				  the following form:
Commonwealth of Pennsylvania
County of__________________________________
(Caption)
SUBPOENA TO ATTEND AND TESTIFY
To ____________ :
(Name(s) of Witness(es))
1. You are ordered by the Court to come to
				_________________________
(Specify courtroom or other place)
at ____________ , Pennsylvania, on ____________ at
__ o'clock, __ . M., to testify on behalf of ____________ in
				  the above
case, and to remain until excused.
2. And bring with you the following:
				______________________________________
______________________________________
______________________________________.
If you fail to attend or to produce the documents or things
				  required by this subpoena, you may be subject to the sanctions authorized by
				  234.5 of the Pennsylvania Rules
				  of Civil Procedure, including but not limited to costs, attorney fees and
				  imprisonment.
Requested by: ______________________________________
(Attorney's name, address, telephone number and
				  identification number)
BY THE COURT,
Date: ____________
By ____________
Seal of the Court (Name of Prothonotary)
Note
: This form of subpoena shall be used
				  whenever a subpoena is issuable under Rule
				  234.1, including hearings in
				  connection with depositions and before arbitrators, hearing officers,
				  commissioners, etc.
To require the production of documents or things in addition
				  to testimony, complete paragraph 2.
Return of Service
: (Reverse side of
				  Subpoena)
On the _______________ day of ____________ ,__________ , I
				  ________________ , served ____________ with the fore-
(name of person served)
going subpoena by: (Describe method of service)
___________________________
______________________.
I verify that the statements in this return of service are
				  true and correct. I understand that false statements herein are made subject to
				  the penalties of
				  18 Pa.C.S.A. §
											4904
				  relating to unsworn falsification to authorities.
Date: _____________
_____________
(signature)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 234.7 - Form of Notice to Attend

Current through Register Vol. 54, No. 28, July 13, 2024
The notice to attend required by Rule
				  234.3(a) shall
				  be substantially in the following form:
(Caption)
NOTICE TO ATTEND
To ____________ :
(Name(s) of Party/Parties)
(1) You are directed to come to ____________
				at
(Court room or other place)
____________ , Pennsylvania,. ____________ at
___ o'clock, ___ . M., to testify on behalf.
				  ____________
in the above case, and to remain until excused.
(2) And bring with you the
				following: ______________________________________
______________________________________
______________________________________
If you fail to attend or to produce the documents or things
				  required by this notice to attend, you may be subject to the sanctions
				  authorized by Rule
				  234.5 of the Pennsylvania Rules
				  of Civil Procedure.
Date: ____________
_________________________
Party or Party's Attorney
_________________________
Address
_________________________
Telephone Number
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 234.8 - Form of Notice to Produce

Current through Register Vol. 54, No. 28, July 13, 2024
The notice to produce required by Rule
				  234.3(b) shall
				  be substantially in the following form:
(Caption)
NOTICE TO PRODUCE
To ____________ :
(Name(s) of Party/Parties)
You are directed to produce the following:
				  ______________________________________
______________________________________
______________________________________
______________________________________
at _________________________ , _________________________ ,
				  Pennsylvania, (Courtroom or other place) (Address)
on ____________ at ___ o'clock ___ . M.
If you fail to produce the documents or things required by
				  this notice to produce, you may be subject to the sanctions authorized by Rule
				  234.5 of the Pennsylvania Rules
				  of Civil Procedure.
Date: ____________
_________________________
(Party or Party's Attorney)
_________________________
(Address)
_________________________
(Telephone Number)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 234.9 - Notice and Acknowledgment of Receipt of Subpoena by Mail

Current through Register Vol. 54, No. 28, July 13, 2024
The notice and acknowledgment of receipt of subpoena by mail
				  required by Rule
				  234.2(b)(3)
				  shall be substantially in the following form:
(Caption)
NOTICE
To ____________
(Name of person to be served)
The enclosed subpoena is served pursuant to Pennsylvania Rule
				  of Civil Procedure 234.2(b)(3). Complete the acknowledgment part of this form
				  and return the copy of the completed form to the sender in the enclosed
				  self-addressed stamped envelope.
Sign and date the acknowledgment. If you are served on behalf
				  of a partnership, unincorporated association, corporation or similar entity,
				  indicate under your signature your relationship to that entity. If you are
				  served on behalf of another person and you are authorized to receive the
				  subpoena, indicate under your signature your authority.
Date Notice Mailed: ____________
_________________________
Party serving subpoena.
Attorney for Party
ACKNOWLEDGMENT OF RECEIPT OF SUBPOENA
I acknowledge receipt of a copy of the subpoena in the above
				  captioned matter.
Date: ____________ , ___
_________________________
Signature
_________________________
Relationship to entity or
authority to receive the
subpoena
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 235 - Notice to Attorney General. Constitutionality of Statute. Charitable Bequest or Trust

Current through Register Vol. 54, No. 28, July 13, 2024
In any proceeding in a court subject to these rules in which
				  an Act of Assembly is alleged to be unconstitutional or a charitable bequest or
				  trust is involved and the Commonwealth is not a party, the party raising the
				  question of constitutionality or the plaintiff in a proceeding involving a
				  charitable bequest or trust shall promptly give notice thereof by registered
				  mail to the Attorney General of Pennsylvania together with a copy of the
				  pleading or other portion of the record raising the issue and shall file proof
				  of the giving of the notice. The Attorney General may intervene as a party or
				  may be heard without the necessity of intervention. The court in its discretion
				  may stay the proceedings pending the giving of the notice and a reasonable
				  opportunity to the Attorney General to respond thereto. If the circumstances of
				  the case require the court may proceed without prior notice in which event
				  notice shall be given as soon as possible; or the court may proceed without
				  waiting action by the Attorney General in response to a notice.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 236 - Notice by Prothonotary of Entry of Order or Judgment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The prothonotary shall immediately give
				written notice of the entry of
(1) a judgment
				entered by confession to the defendant by ordinary mail together with a copy of
				all documents filed with the prothonotary in support of the confession of
				judgment. The plaintiff shall provide the prothonotary with the required notice
				and documents for mailing and a properly stamped and addressed envelope;
				and
(2) any other order or judgment
				to each party's attorney of record or, if unrepresented, to each party. The
				notice shall include a copy of the order or judgment.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 237 - Notice of Praecipe for Final Judgment

Current through Register Vol. 54, No. 28, July 13, 2024
No praecipe for entry of judgment upon a nonsuit by the
				  court, a verdict of a jury or a decision of a judge following a trial without a
				  jury shall be accepted by the prothonotary unless it includes a certificate
				  that a copy of the praecipe has been mailed to each other party who has
				  appeared in the action or to the attorney of record for each other
				  party.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 237.1 - Notice of Praecipe for Entry of Judgment of Non Pros for Failure to File Complaint or by Default for Failure to Plead

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) As used in this rule,
"judgment of non pros" means a judgment entered by praecipe
				  pursuant to Rules 1037(a) and 1659;
"judgment by default" means a judgment entered by praecipe
				  pursuant to Rules 1037(b), 1511(a), 3031(a) and 3146(a).
(2) No judgment of non pros for failure to
				file a complaint or by default for failure to plead shall be entered by the
				prothonotary unless the praecipe for entry includes a certification that a
				written notice of intention to file the praecipe was mailed or
				delivered
:
(i) in the case of a
				judgment of non pros, after the failure to file a complaint and at least ten
				days prior to the date of the filing of the praecipe to the party's attorney of
				record or to the party if unrepresented, or
(ii) in the case of a judgment by default,
				after the failure to plead to a complaint and at least ten days prior to the
				date of the filing of the praecipe to the party against whom judgment is to be
				entered and to the party's attorney of record, if any.
The ten-day notice period in subdivision (a)(2)(i) and
				  (a)(2)(ii) shall be calculated forward from the date of the mailing or
				  delivery, in accordance with Pa.R.J.A. 107.
(3) A copy of the notice shall be attached to
				the praecipe.
(4) The notice and
				certification required by this rule may not be waived.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 237.2 - Agreement to Extend Time to Plead Following Notice of Intention to Enter Judgment. Judgment of Non Pros by Default

Current through Register Vol. 54, No. 28, July 13, 2024
After the notice of intention to enter judgment required by
				  Rule 237.1 has been given, the parties
				  may agree in writing to extend the time within which to file a complaint, an
				  answer or preliminary objections. The agreement shall be in the form prescribed
				  by Rule 237.6 and shall be signed on
				  behalf of both parties. If the required action is not taken within the time
				  specified in the agreement, judgment of non pros or by default may be entered
				  by the prothonotary without further notice under Rule
				  237.1.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 237.3 - Relief from Judgment of Non Pros or by Default

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A petition for relief from a judgment of
non pros
or by default entered pursuant to Rule
				237.1 shall have attached thereto
				a copy of the complaint, preliminary objections, and/or answer which the
				petitioner seeks leave to file. All grounds for relief shall be raised in a
				single petition.
(b)
(1) If the petition is filed within ten days
				after the entry of a judgment of
non pros
on the docket, the
				court shall open the judgment if the proposed complaint states a meritorious
				cause of action.
(2) If the
				petition is filed within ten days after the entry of a default judgment on the
				docket, the court shall open the judgment if one or more of the proposed
				preliminary objections has merit or the proposed answer states a meritorious
				defense.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 237.4 - Form of Notice of Praecipe to Enter Judgment of Non Pros

Current through Register Vol. 54, No. 28, July 13, 2024
The notice required by Rule
				  237.1(a)(2)
				  shall be substantially in the following form:
(CAPTION)
To: ____________
(Plaintiff)
(NOTE: Serve on unrepresented
plaintiff or on plaintiff's attorney)
Date of Notice: ____________
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A
				  COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
				  NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
				  LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER
				  IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
				  NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
				  CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
				  ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
				  SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
_________________________
(Name of Office)
_________________________
(Address of Office)
_________________________
(Telephone Number)
______________________________________
(Signature of Defendant
or Attorney
______________________________________
(Address)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 237.5 - Form of Notice of Praecipe to Enter Judgment by Default

Current through Register Vol. 54, No. 28, July 13, 2024
The notice required by Rule
				  237.1(a)(2)
				  shall be substantially in the following form:
(CAPTION)
To: ____________
(Defendant)
Date of Notice: ____________
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
				  APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR
				  DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT
				  WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST
				  YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT
				  RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
				  NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
				  CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
				  ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
				  SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
____________
(Name of Office)
____________
(Address of Office)
____________
(Telephone Number)
______________________________________
(Signature of Plaintiff
or Attorney)
______________________________________
(Address)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 237.6 - Form of Agreement to Extend Time

Current through Register Vol. 54, No. 28, July 13, 2024
An agreement to extend time required by Rule
				  237.2 shall be substantially in
				  the following form:
(Caption)
AGREEMENT PURSUANT TO RULE
				  237.2 TO EXTEND TIME TO PLEAD
				  FOLLOWING TEN-DAY NOTICE
It is agreed that
				  ______________________________________
(Plaintiff(s)) (Defendant(s))
(is) (are) granted an extension of time through ___ ,
___ in which to file
___1. a complaint.
___2. an answer.
___3. an answer or preliminary objections.
After the above date, a judgment of non pros or by default,
				  as may be appropriate, may be entered upon praecipe without further
				  notice.
Date: ______________________________________
Attorney for ____________
Date: ______________________________________
Attorney for ____________
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 238 - Damages for Delay in an Action for Bodily Injury, Death or Property Damage

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) At the request of the plaintiff in a
				civil action seeking monetary relief for bodily injury, death or property
				damage, damages for delay shall be added to the amount of compensatory damages
				awarded against each defendant or additional defendant found to be liable to
				the plaintiff in the verdict of a jury, in the decision of the court in a
				nonjury trial or in the award of arbitrators appointed under section 7361 of
				the Judicial Code,
				42 Pa.C.S. §
											7361,
				and shall become part of the verdict, decision or award.
(2) Damages for delay shall be
				awarded for the period of time from a date one year after the date original
				process was first served in the action up to the date of the award, verdict or
				decision.
(3) Damages
				for delay shall be calculated at the rate equal to the prime rate as listed in
				the first edition of the
Wall Street Journal
published for
				each calendar year for which the damages are awarded, plus one percent, not
				compounded.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 239.1 - Pleadings and Legal Papers. Local Rules 205.2(a) and 205.2(b)

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A court may impose requirements governing
				the physical characteristics of pleadings and other legal papers. A court which
				imposes such requirements must promulgate a local rule, numbered Local Rule
				205.2(a),
				listing those requirements.
(b) A
				court may require pleadings and other legal papers to be accompanied by a cover
				sheet in the form set forth in the local rule. A court which imposes such
				requirements must promulgate a local rule, numbered Local Rule
				205.2(b),
				stating the requirements and setting forth the form of the cover
				sheet.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 239.2 - Petitions. Rule to Show Cause. Local Rules 206.1(a) and 206.4(c)

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If, pursuant to Rule
				206.1(a)(2), a
				court has designated applications which are to proceed under Rule
				206.1 et seq., the court must
				promulgate a local rule, numbered Local Rule
				206.1(a),
				listing those applications.
(b)
				Every court shall promulgate a local rule, numbered Local Rule
				206.4(c), which
				describes the court's procedures for the issuance of a rule to show
				cause.
(c)
(1) If a court has by local rule adopted the
				procedure of Rule
				206.6 providing for the issuance
				of a rule to show cause as of course, Local Rule
				206.4(c) shall
				expressly
(i) state that the rule shall issue
				as a matter of course pursuant to Rule 206.6, and
(ii) describe the steps that the moving party
				must take for the rule to issue.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 239.3 - Motions. Local Rules 208.2(c), 208.2(d), 208.2(e), 208.3(a) and 208.3(b)

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A court may
				impose a requirement that a motion include a brief statement of the applicable
				authority. A court which has imposed this requirement must promulgate a local
				rule, numbered Local Rule 208.2(c), stating the requirement.
(b) A court may impose a certification
				requirement for motions that are presented as uncontested. A court which
				imposes such a certification requirement must promulgate a local rule, numbered
				Local Rule
				208.2(d),
				stating the requirement.
(c) A
				court may require any motion relating to discovery to include a certification
				signed by counsel for the moving party certifying that counsel has con-ferred
				or attempted to confer with all interested parties in order to resolve the
				matter without court action. A court which requires such a certification must
				promulgate a local rule, numbered Local Rule
				208.2(e),
				stating the requirement.
(d) Every
				court shall promulgate a local rule, numbered Local Rule
				208.3(a), which
				describes the court's motion procedure under Rule
				208.3(a). Local
				Rule 208.3(a)
(1) shall describe the manner
				in which
(i) motions are scheduled, argued
				and decided and
(ii) emergency
				motions are scheduled, argued, and decided if they are governed by a different
				procedure, and
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 239.4 - Briefs. Local Rule 210

Current through Register Vol. 54, No. 28, July 13, 2024
A court may impose requirements governing the form and
				  content of a brief. A court which imposes such requirements must promulgate a
				  local rule, numbered Local Rule 210, listing those
				  requirements.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 239.5 - Preliminary Objections. Local Rule 1028(c)

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every court shall promulgate a local
				rule, numbered Local Rule 1028(c), which describes the court's procedures for
				the disposition of preliminary objections and which
(1) shall set forth the manner in which
				preliminary objections are scheduled, argued and decided, and
(2) may impose requirements upon a party to
(i) transmit the original and/or copies of
				the preliminary objections and related legal papers to a judge or other court
				personnel,
(ii) notify other
				parties of the date, time and location of a court proceeding, and
(iii) file briefs.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 239.6 - Motion for Judgment on the Pleadings. Local Rule 1034(a)

Current through Register Vol. 54, No. 28, July 13, 2024
Every court shall promulgate a local rule, numbered Local
				  Rule 1034(a), which describes the court's procedures for the disposition of a
				  motion for judgment on the pleadings and which
(1) shall set forth the manner in which
				motions for judgment on the pleadings are scheduled, argued and decided,
				and
(2) may impose requirements
				upon a party to
(i) transmit the original
				and/or copies of the motion and related legal papers to a judge or other court
				personnel,
(ii) notify other
				parties of the date, time and location of a court proceeding,
(iii) file a response within twenty days
				after service of the motion, and
(iv) file briefs.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 239.7 - Motion for Summary Judgment. Local Rule 1035.2(a)

Current through Register Vol. 54, No. 28, July 13, 2024
Every court shall promulgate a local rule, numbered Local
				  Rule 1035.2(a), which
				  describes the court's procedures for the disposition of motions for summary
				  judgment and which
(1) shall set forth
				the manner in which motions for summary judgment are scheduled, argued and
				decided, and
(2) may impose
				requirements upon a party to
(i) transmit the
				original and/or copies of the motion and related legal papers to a judge or
				other court personnel,
(ii) notify
				other parties of the date, time and location of a court proceeding,
				and
(iii) file
				briefs.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 239.8 - Local Rules. Promulgation. Publication. Effective Date

Current through Register Vol. 54, No. 28, July 13, 2024
The requirements for the promulgation and amendment of local
				  rules of civil procedure are set forth in Pennsylvania Rule of Judicial
				  Administration 103(d).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 239.9 - Electronic Filing. Local Rule 205.4

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
				a court permits or requires the electronic filing of legal papers with the
				prothonotary, the court must promulgate a local rule designated Local Rule
				205.4 which sets forth in detail
				the practice and procedure to file a legal paper electronically and includes
				the matters set forth in this rule.
(b) Local Rule
				205.4 shall include the following
				subdivisions as required by Pa.R.C.P. No. 205.4:
(1) subdivision (a)(1) stating whether the
				electronic filing system is permissive or mandatory and specifying the actions
				and proceedings and the legal papers subject to the rule,
(2) subdivision (b)(1) setting forth one or
				more formats in which legal papers shall be submitted to the prothonotary for
				filing. The formats shall include portable document format (pdf) and such other
				electronic format, if any, that the court may designate,
(3) subdivision (c)(2) providing a method of
				access to the electronic filing website for persons who are not
				attorneys,
(4) subdivision (d)(1)
				listing the credit and debit cards approved by the court or the prothonotary,
				and stating whether the filing fee may be paid by depositing, in advance,
				sufficient funds with the prothonotary,
(5) subdivision (d)(3) providing the manner
				of payment when the court has designated a third party to operate the
				electronic filing system, and
(6)
				subdivision (f) providing the practice and procedure to govern the matters
				provided for in Rule 205.4(f).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 240 - In Forma Pauperis

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				This rule shall apply to all civil actions and proceedings except actions
				pursuant to the Protection From Abuse Act and Protection of Victims of Sexual
				Violence or Intimidation Act.
(b) A
				party who is without financial resources to pay the costs of litigation is
				entitled to proceed in forma pauperis.
(c) Except as provided by subdivision (d),
				the party shall file a petition and an affidavit in the form prescribed by
				subdivision (h). The petition may not be filed prior to the commencement of an
				action or proceeding or the taking of an appeal.
(1)
(i) If
				the petition is filed simultaneously with the commencement of the action or
				proceeding or with the taking of the appeal, the prothonotary shall docket the
				matter and petition without the payment of any filing fee.
(ii) If the court shall thereafter deny the
				petition, the petitioner shall pay the filing fee for commencing the action or
				proceeding or taking the appeal. A party required to pay such fee may not
				without leave of court take any further steps in the action, proceeding or
				appeal so long as such fee remains unpaid. Not sooner than ten days after
				notice of the denial of the petition pursuant to Rule 236, the prothonotary
				shall enter a judgment of non pros in the action or proceeding or strike the
				appeal if the fee remains unpaid. The action, proceeding or appeal shall be
				reinstated only by the court for good cause shown.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 242 - Citation of Authorities

Current through Register Vol. 54, No. 28, July 13, 2024
Citation of authorities in matters subject to these rules
				  shall be in accordance with Pa.R.A.P. 126.
See also 210 Pa. Code § 65.37 and
Wenk v.
					 State Farm Fire and Casualty Co.
, 228 A.3d 540, 552 n.11 (Pa. Super.
					 2020) for citing to non-precedential decisions of the Superior Court; and
					 Pa.R.A.P. 3716 and 210 Pa. Code §
											69.414 for citing to
					 non-precedential decisions of the Commonwealth Court.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 248 - Modification of Time

Current through Register Vol. 54, No. 28, July 13, 2024
The time prescribed by any rule of civil procedure for the
				  doing of any act may be extended or shortened by written agreement of the
				  parties or by order of court.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 249 - Authority of Individual Judge

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Except where the court is required to act en banc, a judge may perform any
				function of the court, including the entry of interlocutory or ex parte orders
				and other matters in the nature thereof.
(b) A judge may perform a function of the
				court, other than trying an action, at any time and at any place within the
				judicial district.
(c) Each court
				may regulate the assignment of business among its judges.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 400 - SERVICE OF ORIGINAL PROCESS › SERVICE GENERALLY › Rule 400 - Person to Make Service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
				  provided in subdivisions (b) and (c) and in Rules
				  400.1 and
				  1930.4, original process shall be
				  served within the Commonwealth only by the sheriff.
(b) In addition to service by the sheriff,
				  original process may be served also by a competent adult in the following
				  actions:
(1) a civil action in which the
				  complaint includes a request for injunctive relief under Rule 1531,
				  perpetuation of testimony under Rule 1532, or appointment of a receiver under
				  Rule 1533;
(2) partition;
(3) a declaratory judgment when declaratory
				  relief is the only relief sought; and
(4) a civil action in which there is a
				  complete diversity of citizenship between all plaintiffs and all defendants,
				  and at least one defendant is a citizen of Pennsylvania.
Note:
See Rule 76 for the definition of
					 "competent adult."
Service of original process in domestic relations matters
					 is governed by Rule 1930.4.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 400 - SERVICE OF ORIGINAL PROCESS › SERVICE GENERALLY › Rule 400.1 - Provisions for All Courts of the First Judicial District

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In an action commenced in the First
				  Judicial District, original process may be served
(1) within the county by the sheriff or a
				  competent adult, or
(2) in any
				  other county by deputized service as provided by Rule 400(d) or by a competent
				  adult forwarding the process to the sheriff of the county where service may be
				  made.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 400 - SERVICE OF ORIGINAL PROCESS › SERVICE GENERALLY › Rule 402 - Manner of Service. Acceptance of Service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Original process may be served
(1) by handing a copy to the defendant;
				  or
(2) by handing a copy
(i) at the residence of the defendant to an
				  adult member of the family with whom he resides; but if no adult member of the
				  family is found, then to an adult person in charge of such residence;
				  or
(ii) at the residence of the
				  defendant to the clerk or manager of the hotel, inn, apartment house, boarding
				  house or other place of lodging at which he resides; or
(iii) at any office or usual place of
				  business of the defendant to his agent or to the person for the time being in
				  charge thereof.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 400 - SERVICE OF ORIGINAL PROCESS › SERVICE GENERALLY › Rule 403 - Service by Mail

Current through Register Vol. 54, No. 28, July 13, 2024
If a rule of civil procedure authorizes original process to
					 be served by mail, a copy of the process shall be mailed to the defendant by
					 any form of mail requiring a receipt signed by the defendant or his authorized
					 agent. Service is complete upon delivery of the mail.
(1) If the mail is returned with notation by
				  the postal authorities that the defendant refused to accept the mail, the
				  plaintiff shall have the right of service by mailing a copy to the defendant at
				  the same address by ordinary mail with the return address of the sender
				  appearing thereon. Service by ordinary mail is complete if the mail is not
				  returned to the sender within fifteen days after mailing.
(2) If the mail is returned with notation by
				  the postal authorities that it was unclaimed, the plaintiff shall make service
				  by another means pursuant to these rules.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 400 - SERVICE OF ORIGINAL PROCESS › SERVICE GENERALLY › Rule 404 - Service Outside the Commonwealth

Current through Register Vol. 54, No. 28, July 13, 2024
Original process shall be served outside the Commonwealth
					 within ninety days of the issuance of the writ or the filing of the complaint
					 or the reissuance or the reinstatement thereof:
(1) by a competent adult in the manner
				  provided by Rule 402(a);
(2) by
				  mail in the manner provided by Rule 403;
(3) in the manner provided by the law of the
				  jurisdiction in which the service is made for service in an action in any of
				  its courts of general jurisdiction;
(4) in the manner provided by treaty;
				  or
(5) as directed by the foreign
				  authority in response to a letter rogatory or request.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 400 - SERVICE OF ORIGINAL PROCESS › SERVICE GENERALLY › Rule 405 - Return of Service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When
				  service of original process has been made the sheriff or other person making
				  service shall make a return of service forthwith. If service has not been made
				  and the writ has not been reissued or the complaint reinstated, a return of no
				  service shall be made upon the expiration of the period allowed for
				  service.
(b) A return of service
				  shall set forth the date, time, place and manner of service, the identity of
				  the person served and any other facts necessary for the court to determine
				  whether proper service has been made.
(c) Proof of service by mail under Rule 403
				  shall include a return receipt signed by the defendant or, if the defendant has
				  refused to accept mail service and the plaintiff thereafter has served the
				  defendant by ordinary mail,
(1) The returned
				  letter with the notation that the defendant refused to accept delivery,
				  and
(2) an affidavit that the
				  letter was mailed by ordinary mail and was not returned within fifteen days
				  after mailing.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 400 - SERVICE OF ORIGINAL PROCESS › SERVICE IN PARTICULAR ACTIONS › Rule 410 - Real Property Actions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
				  actions involving title to, interest in, possession of, or charges or liens
				  upon real property, original process shall be served upon the defendant in the
				  manner provided by Rule 400
et seq.
(b)
(1) If
				  in an action involving an interest in real property the relief sought is
				  possession or mortgage foreclosure, original process also shall be served upon
				  any person not named as a party who is found in possession of the property. The
				  sheriff shall note the service in the return.
(2) If the relief sought is possession, the
				  person so served shall thereupon become a defendant in the action. Upon
				  praecipe of the plaintiff the prothonotary shall index the name of the person
				  found in possession as a party to the action.
(3) If the relief sought is mortgage
				  foreclosure, the person so served shall not thereby become a party to the
				  action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 400 - SERVICE OF ORIGINAL PROCESS › SERVICE IN PARTICULAR ACTIONS › Rule 411 - Actions for Support

Current through Register Vol. 54, No. 28, July 13, 2024
When original process in an action for support is served
					 within the Commonwealth by an official of the domestic relations section, that
					 official shall send the defendant
(1)
				  A copy of the complaint and order by ordinary mail. A defendant who attends the
				  hearing in person shall be deemed to have been served; or
(2) two copies of the complaint and order,
				  one by any form of mail requiring a receipt signed by the defendant, and one by
				  ordinary mail. Service by mail is complete upon the return of the receipt
				  personally signed by the defendant or other evidence of service satisfactory to
				  the court. A defendant who attends the hearing in person shall be deemed to
				  have been served.