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Pennsylvania Affidavit of Service- Complaint- Certified Mail

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State:
Pennsylvania
Control #:
PA-S003ST
Format:
Word; 
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Description

This is an Affidavit for Service of Process in a Civil cause of action filed in Circuit Court for breach of contract.

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.

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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.

More info

(Certified Mail Restricted Delivery – Receipt Requested). (Md. Your server must then complete an affidavit of service.This is form CC-DR-056. I certify that I served copies of the following paper(s) in this case: ☐ The summons. ☐ The following orders: ☐ A copy of the complaint. Then, complete the Affidavit of Service – Certified Mail as follows: Put your name above "Plaintiff(s)". Box 4: Print the name of the defendant exactly as is appears on the Complaint. Box 5: Print the date you mailed the court documents. Laurel Legal Services and PA Law Help Updated August 2020. Laurel Legal Services and PA Law Help Updated August 2020.

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Pennsylvania Affidavit of Service- Complaint- Certified Mail