Pennsylvania Notice to Defend (Civil)

State:
Pennsylvania
Control #:
PA-SKU-2314
Format:
PDF
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Description

Notice to Defend (Civil)

The Pennsylvania Notice to Defend (Civil) is a document sent by a plaintiff to the defendant in a civil lawsuit, informing the defendant of the lawsuit and the legal claims being brought against them. The notice also provides the defendant with a deadline to respond to the complaint, typically 20 days after the notice is sent. There are two types of Pennsylvania Notice to Defend (Civil): 1. Notice in Trespass: This notice is sent to the defendant in a trespass lawsuit, informing the defendant of the lawsuit and the legal claims being brought against them. 2. Notice in Repletion: This notice is sent to the defendant in a repletion lawsuit, informing the defendant of the lawsuit and the legal claims being brought against them.

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FAQ

YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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.

76. Party shall mean a litigant's attorney of record or unrepresented litigant. Plaintiff or Defendant shall mean a party's attorney of record or the party where the litigant is unrepresented.

If you intend to contest or present a defense to this Protection From Abuse (PFA) action, you or your attorney, should immediately submit a ?Notice of Intent to Defend? prior to the scheduled hearing. Failing to provide the requested information may result in the postponement of your hearing.

Code § 1021.76a - Entry of default judgment. (a) The Board, on motion of the plaintiff, may enter default judgment against the defendant for failure to file within the required time an answer to a complaint that contains a notice to defend.

Rule 1037. Judgment Upon Default or Admission. Assessment of Damages. (a) If an action is not commenced by a complaint, the prothonotary, upon praecipe praecipe of the defendant, shall enter a rule upon the plaintiff to file a complaint.

If a claimant has filed a claim and does not file a complaint, the prothonotary, upon praecipe of an owner, shall enter a rule as of course upon the claimant to file a complaint within twenty days after service of the rule, or be forever barred from so doing.

(b) The prothonotary, on praecipe of the plaintiff, shall enter judgment against the defendant for failure to file within the required time a pleading to a complaint which contains a notice to defend or, except as provided by subdivision (d), for any relief admitted to be due by the defendant's pleadings.

Rule 587 - Motion for Dismissal (a)Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.

More info

This form can be used if you have an agreement (3301c) or if you have been separated for two years or more. (3301d). How to Complete Step 1. 1.Complete all three pages of Notice to Defend and Divorce Complaint using the detailed. Then write your name, address and phone number as indicated. e. Attach this Notice to Defend to the front of the Complaint. 3. After you serve the Defendant with the "Cover Sheet," "Complaint," "Certificate" and two. Completing the Notice to Defend (Form 1. After you file your notice to defend, the court date on the summons may change. This form gives the defendant notice of his or her rights and how to defend against your allegations. O Complaint in Divorce.

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Pennsylvania Notice to Defend (Civil)