(2) file an affidavit with Motion Court attesting to non-payment. You will need one copy of the civil complaint with original signature for the magisterial district judge.On June 17, 2011, the Commission issued the Initial Decision, which granted PGW's motion to dismiss the matter with prejudice. The court DENIES WITHOUT PREJUDICE Plaintiffs motion for alternative service. E. Whether Plaintiff Should be Awarded Costs of Attempted Service. To obtain relief from the entry of a default judgment, the law provides two distinct remedies. Yes, I agree with the other attorneys who have posted responses. GRANTED and the accompanying Complaint is DISMISSED without prejudice to refile the matter in Philadelphia County. As such, Plaintiff's Preliminary Objections were a nullity, and Defendant did not need to respond to them with a Motion to Strike or to address their merits. In October 2018, the trial court granted Teagle's preliminary objections and dismissed the complaint with prejudice.