Pennsylvania Notice to Defend (also known as a Notice of Intention to Defend) is a document that must be filed with the court by a defendant in a Pennsylvania civil case in order to protect their legal rights. It is a formal notice that informs the plaintiff that the defendant intends to contest the case. Pennsylvania Notice to Defend must be filed within twenty days of the filing of the complaint, unless the court orders an extension. The Notice to Defend must specify the grounds upon which the defendant intends to contest the case. There are two types of Pennsylvania Notice to Defend: 1) A Notice of Intention to Defend by Answer; and 2) A Notice of Intention to Defend by Motion. A Notice of Intention to Defend by Answer is filed when the defendant intends to dispute the claims made in the complaint by filing an answer. A Notice of Intention to Defend by Motion is filed when the defendant intends to dispute the claims made in the complaint by filing a motion to dismiss or for summary judgment.
Pennsylvania Notice to Defend
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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.
(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.
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.
Notice to Defend. Form. (a) Every complaint filed by a plaintiff and every complaint filed by a defendant against an additional defendant shall begin with a notice to defend in substantially the form set forth in subdivision (b). No other notice to plead to a complaint shall be required.
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.
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.
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.
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.