Rule to file a complaint in pa

Relief in the alternative or of several different types, including an accounting, may be demanded. The signer need not aver the source of [ his ] the information or expectation of ability to prove the averment or denial at the trial.

A pleading may be verified upon personal knowledge as to a part and upon information and belief as to the remainder.

Official Note: See Definition Rule 76 for definition of ''verified. In such cases, the verification may be made by any person having sufficient knowledge or information and belief and shall set forth the source of [ his ] the person's information as to matters not stated upon his or her own knowledge and the reason why the verification is not made by a party. If a complaint is not filed within twenty [ 20 ] days after service of the rule, the prothonotary, upon praecipe of the defendant, shall enter a judgment of non pros.

Official Note: See Rule The trial judge may [ , if he wishes, ] include as part of the decision specific findings of fact and conclusions of law with appropriate discussion. In either event the prothonotary shall notify all parties or their attorneys of the date of filing. The trial judge shall render [ his ] a decision within seven [ 7 ] days after the conclusion of the trial except in protracted cases or cases of extraordinary complexity.

The plaintiff shall describe the land in [ his ] the complaint. If such action is not taken within the [ 30 ] thirty -day period, the prothonotary on praecipe of the plaintiff shall enter final judgment;. The court shall fix the date and time of the hearing which shall not be less than forty-eight [ 48 ] hours after filing the motion for the writ of seizure. It shall inform the defendant and any other person found in possession of the property of the place, date and time of the hearing.

Service of the notice shall be made not less than twenty-four [ 24 ] hours before the hearing. When perishable property is to be seized or if other cause is shown, the court may set a shorter time for notice and hearing. If the court is satisfied that notice as provided by this rule has been given or a reasonable attempt to give notice has been made, it shall determine from the complaint, affidavits, testimony, admissions or other evidence, whether the plaintiff has established the probable validity of [ his ] the claim and, if so, it may order a writ of seizure to be issued upon the filing of a bond as provided by Rule The notice of the hearing shall be substantially in the form provided by Rule Service of the notice shall be in the manner provided by Rule If the court determines that no notice as required by this rule has been given or no reasonable attempt to give such notice has been made, it shall vacate the writ and the property shall be returned to the person from whom it was taken.

If the court is satisfied that notice as required by this rule has been given or a reasonable attempt to give such notice has been made, it shall determine from the complaint, affidavits, testimony, admissions or other evidence whether the plaintiff has established the probable validity of [ his ] the claim to possession and of the grounds for the ex parte issuance of the writ. If the court has determined that plaintiff has established such validity, it shall enter an order confirming the ex parte issuance of the writ.

Thereafter, subject to the payment of expenses as hereinafter provided, the action shall then proceed as if no writ of seizure has been issued.

Copies of all prior pleadings and motions not previously furnished to [ him ] the person shall be forthwith served upon him or her by the plaintiff in the manner provided by Rule Official Note: A person not a party to the action who claims the right to possession of the property may intervene in the action as a defendant. See Rule Since intervention will ordinarily require more than seventy-two hours, the applicant for intervention should also apply for an extension of the time within which to file a counterbond if he or she desires to obtain possession of the property after [ he is permitted to intervene ] intervention has been allowed.

After the allowance of intervention, the intervenor has the same status as an original party. See Rule a. If the property is not ordered to be impounded and if no counterbond is filed, and if no proceedings are pending and undecided under Rule If that person does not file a counterbond, the property shall be delivered to the party first filing a counterbond. The court, at any time during the pendency of the action, upon the petition of the plaintiff setting forth.

See Act of January 24, , P. It seems appropriate to leave the matter of evidencing or pleading such a certification or lack thereof to local court of common pleas rules. Explanatory Note. The amendment to subdivision c 6 c of Rule and the note to the rule deletes the former requirement of pleading, when the action is based on failure to pay rent, that there is not on the premises property subject to distress adequate to satisfy rent in arrears.

See also the amendment to Rule 1. 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.

If the appellee can and intends to avail himself of the procedure permitted by subdivision C, he need not obey any rule to file a complaint served upon him under subdivision B.

All judgments entered must be appealed to preserve all issues, if such issue can be properly pleaded in the court of common pleas.