Pennsylvania Affidavit of Service- Complaint- Certified Mail is a legal document used by the Pennsylvania courts to prove that a person has been officially served with a complaint. It is typically used when the serving party has sent the complaint via certified mail. The affidavit must be completed by the serving party and describe the details of how the complaint was served, such as the date, time, and address. It must also include a statement that the complaint was delivered to the address specified. The affidavit must be notarized and then filed in the court to prove that the complaint was officially served. There are two types of Pennsylvania Affidavit of Service- Complaint- Certified Mail: an affidavit of service for an individual and an affidavit of service for a business. Both affidavits must include the same details of the service and must be notarized and filed with the court.
Pennsylvania Affidavit of Service- Complaint- Certified Mail
Description
Definition and meaning
The Pennsylvania Affidavit of Service- Complaint- Certified Mail is a legal document used to confirm that a complaint has been served to a defendant through certified mail. It provides proof that the defendant received notice of pending legal action, which is essential for court procedures. This affidavit is typically required in custody cases and ensures compliance with specific legal service requirements.
Step-by-step instructions to complete the form
To properly fill out the Pennsylvania Affidavit of Service- Complaint- Certified Mail, follow these steps:
- Write your name in the space provided above "Plaintiff(s)."
- Insert the name of the person you are serving above "Defendant(s)."
- Add the docket number for your case next to "No." This can typically be found on the completed Scheduling Order.
- Fill in all empty lines with the appropriate information regarding the service.
- Complete the service details, including the certified mail article number and the date of delivery.
- Attach the original green return receipt card to the affidavit as evidence of service.
- File the completed form with the Prothonotary's Office and keep two copies for your records.
Who should use this form
The Pennsylvania Affidavit of Service- Complaint- Certified Mail should be completed by individuals who are the plaintiffs in custody cases. It is relevant for anyone filing a complaint against a defendant to initiate legal proceedings in Pennsylvania. This form is particularly useful for those without legal representation, ensuring they meet legal requirements for notifying others of the action being taken against them.
Legal use and context
This affidavit is a critical document in the legal process as it establishes proof of service to the defendant. It is required by law to ensure that the defendant is adequately informed of the allegations and the court proceedings that may follow. Using certified mail provides a reliable method to track the delivery and receipt of legal documents, which is important for the integrity of the legal process.
Key components of the form
The Pennsylvania Affidavit of Service- Complaint- Certified Mail includes several key components:
- Affiant's full name (the plaintiff).
- The name of the defendant being served.
- The docket number assigned to the case.
- Details of the service, including the mailing date and the certified mail article number.
- Signature of the plaintiff verifying the truth of the statements.
Common mistakes to avoid when using this form
When filling out the Pennsylvania Affidavit of Service- Complaint- Certified Mail, be cautious of the following common mistakes:
- Incomplete information, such as missing names, dates, or docket numbers.
- Failing to attach the original green return receipt card.
- Not signing the affidavit, which can invalidate it.
- Neglecting to file the document on time with the Prothonotary's Office.
How to fill out Pennsylvania Affidavit Of Service- Complaint- Certified Mail?
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FAQ
The court order, accompanied by the complaint, should be sent by certified mail to the Department of State, return receipt requested. The statutory fee is $70.00 for each defendant to be served. You may reach the bureau by telephone by calling (717) 787-1057.
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.
(a) Answers to complaints shall be filed with the Board within 30 days after the date of service of the complaint, unless for cause the Board, with or without motion, prescribes a different time. An answer will not be required in less than 10 days after date of service.
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.
Case law has imposed three requirements for opening a judgment by default: a petition timely filed, a reasonable explanation or legitimate excuse for the inactivity or delay and a showing of a meritorious defense.
Code § 237.5 - Form of Notice of Praecipe to Enter Judgment by Default. 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.
Pennsylvania judgments are valid for 5 years. Judgments can be revived every 5 years and should be revived if a creditor is attempting to actively collect on the debt. Judgments also act as a lien against real property for up to 20 years or longer if properly revived.