Pennsylvania Praecipe for Writ of Summons

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Pennsylvania
Control #:
PA-SKU-2612
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Description

Praecipe for Writ of Summons

A Pennsylvania Precise for Writ of Summons is a legal document used to initiate a civil lawsuit in the Commonwealth of Pennsylvania. It is used to provide notice to the defendant that a civil action has been filed against them. The Precise is submitted to the court clerk, who then issues a Writ of Summons to the defendant. There are three types of Pennsylvania Precise for Writ of Summons: a Precise for Writ of Summons in a Complaint, a Precise for Writ of Summons in an Assumes, and a Precise for Writ of Summons in an Equity Action. The Precise must include the name of the court, the names of the parties involved, a description of the action being brought, as well as a request that the court issue a Writ of Summons. Once issued, the Writ of Summons is then served to the defendant.

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FAQ

A Praecipe to File a Complaint will force the Plaintiff to file a Complaint within 20 days or face dismissal of the lawsuit.

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.

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 must be served within 30 days after it was filed.

(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.

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.

(a) If an action is not commenced by a complaint, the prothonotary, upon praecipe of the defendant, shall enter a rule upon the plaintiff to file a complaint. If a complaint is not filed within twenty days after service of the rule, the prothonotary, upon praecipe of the defendant, shall enter a judgment of non pros.

A Writ of Summons must be served within 30 days after it was filed.

More info

The praecipe simply asks the prothonotary to issue a writ of summons against the defendant. Plaintiffs typically file a praecipe for writ of summons: To commence a lawsuit quickly when the statute of limitations is about to expire on the plaintiff's claims.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. You can acquire a Praecipe for a Writ of Summons at the office of the Prothonotary or Clerk of Courts. PRAECIPE FOR WRIT OF SUMMONS​​ TO THE OFFICE OF JUDICIAL SUPPORT: Issue summons in civil action in the above. This template is a praecipe for a writ of summons. A Praecipe to File a Complaint will force the Plaintiff to file a Complaint within 20 days or face dismissal of the lawsuit. Select your commencement of action fee document code and any other applicable document codes for your submission. Defendant (spouse's full name). On or after filing the complaint, the plaintiff may present a summons to the clerk for signature and seal.

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Pennsylvania Praecipe for Writ of Summons