The Pennsylvania AO-398 Notice of a Lawsuit and Request to Waive Service of a Summons is a court document used to inform an individual or entity that a lawsuit has been filed and that a summons is being requested to be waived. This document is used to notify the defendant of the lawsuit and to provide them with the details of the case. It also includes instructions on how to respond to the request for the waiver of service of the summons. There are two types of Pennsylvania AO-398 Notice of a Lawsuit and Request to Waive Service of a Summons. The first type is the original version of the document which is used to notify a defendant of the lawsuit and request that they waive the service of a summons. The second type of document is the amended version which is used when an individual or entity has already been served with a summons, but the plaintiff is requesting that they waive service of the summons in order to avoid additional costs. The document must be served in person or by mail to the individual or entity being sued. The document must include: the name of the court, the case number, the name of the plaintiff, the name of the defendant, a description of the case, a request to waive service of the summons, and instructions for the defendant on how to respond.
Pennsylvania AO-398 Notice of a Lawsuit and Request to Waive Service of a Summons
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A sample praecipe (request) for entry of appearance that an attorney may use to enter an appearance on behalf of a client in a civil action in a Pennsylvania court of common pleas. This Standard Document contains integrated notes with important explanations and drafting tips.
A writ of summons is a court order requiring a person or entity to respond to a lawsuit. In general, writs are not used in every case. Instead, they are specific to lawsuits that are related to civil proceedings and criminal law.
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.
You must respond with an Answer document before 20 days have passed since you received the court documents. To set up your document, start by putting all of the information included in your Complaint and Summons at the top of your Answer document.
A document that a plaintiff files with the prothonotary to commence a civil action in a Pennsylvania court of common pleas before filing a complaint (Pa. R. Civ.
The word comes from the Latin word praecipio, meaning ?I command (or order) this,? and it often appears in the term ?writ of praecipe.? In the US, praecipes are writs that have one of the following functions: Commanding a defendant to perform an act or to demonstrate why he or she should not perform that act.
You send this notice 10 days in advance when you intend to take judgment by default upon an opposing party due to that party's failure to file an answer or preliminary objections to the complaint within the required time frame.
A Writ of Summons is an unusual mechanism in the Commonwealth of Pennsylvania that allows a Plaintiff (the individual or company who is bringing a lawsuit) to start their lawsuit against a Defendant without filing a Complaint.