Pennsylvania Motion to Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ of Garnishment, and for Leave to File an Answer to Complaint

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US-02686BG
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In deciding whether to set aside a default judgment, courts seek to balance two competing interests: (1) the need to promote judicial economy; and (2) the need to preserve an individual's right to defend on the merits. Therefore, in addition to the requirement that defendant show that the judgment was entered through excusable neglect or another statutory ground, the court will consider a variety of factors, including:


" the nature and extent of the prejudice which may be suffered by the non-defaulting party if the default is set aside;

" the presence of material issues of fact;

" the presence of a meritorious defense to the claim;

" the significance of the interests at stake, including, but not limited to, the amount of money involved;

" whether the failure to answer was intentional or willful or the result of conscious indifference;

" whether party or counsel bears responsibility for default; and

" the availability of less drastic sanctions.

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FAQ

Having successfully removed the case to federal court, be sure to identify the deadline for filing an answer or other responsive pleading in that forum. Note that the deadline for a responsive pleading can be as short as seven days after the notice of removal is filed.

Code § 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 4 of the Federal Rules of Civil Procedure provides that service on a defendant can be accomplished either through ?personal service? of a complaint and summons or mail service through a procedure called ?waiver of service of summons.?

(b) Enforcing Orders: Committing for Civil Contempt. An order committing a person for civil contempt of a decree or injunction issued to enforce federal law may be served and enforced in any district.

Rule 4(a): Summons This section addresses the issuance of the summons by the court clerk upon the plaintiff's request. The summons is a formal notice to the defendant that a lawsuit has been filed against them and that they must respond to the complaint within a specified time.

Proposed rule 4.1 prohibits a lawyer from making a false statement of fact or law to a third person and also requires a lawyer to disclose a material fact to avoid assisting a client in a criminal or fraudulent act, subject to the lawyer's duties under rule 1.6 and Business and Professions Code section 6068(e).

Rule 4 of the Federal Rules of Civil Procedure provides that service on a defendant can be accomplished either through ?personal service? of a complaint and summons or mail service through a procedure called ?waiver of service of summons.?

Pennsylvania state subpoenas and municipal/administrative subpoenas may be served by personal service, special mail, or regular mail.

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Pennsylvania Motion to Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ of Garnishment, and for Leave to File an Answer to Complaint