Pennsylvania Federal Court Summons or Service of Process

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Multi-State
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US-03185BG
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PDF
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Description

Service of process or a summons usually involves attaching a copy of the complaint to a summons which is served on the defendant. The summons explains to the defendant what is going on and certain rights that that the defendant has. The summons explains:

A. That the defendant is being sued;
B. The name of the Court in which he is being sued;
C. When he must file an answer; and
D. The fact that a default judgment will be entered if no answer is filed.


The summons (or process) is delivered by an office of the court. In many state courts, this can be a deputy sheriff or a professional process server. In exceptional circumstances, when the defendant can not be found, service may be made by publication in a newspaper. The summons must normally be served on the individual defendant. Some states allow service on a member of defendants household if the defendant is not available. A plaintiff must serve a corporate defendant by serving the registered agent or an appropriate officer of the corporation.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

In ance with Pennsylvania Rule of Civil Procedure 1361, a Plaintiff filing a complaint, or Defendant asserting a New Matter (affirmative defenses) or Counterclaim, must include a Notice to Plead, which provides the opposing party with notice that they have twenty days to file a written response to the given ...

RULE 511. SERVICE OF SUMMONS; PROOF OF SERVICE. (A) The summons shall be served upon the defendant by both first class mail and certified mail, return receipt requested. A copy of the complaint shall be served with the summons.

Code § 440. Rule 440 - Service of Legal Papers other than Original Process (a) (1) Copies of all legal papers other than original process filed in an action or served upon any party to an action shall be served upon every other party to the action.

If you've been served with a lawsuit in Pennsylvania state court, you generally have about 30 days to respond to the Complaint (more on that below). You have only 21 days if you are sued in federal court.

A Writ of Summons must be served within 30 days after it was filed. If the sheriff's office does not serve the writ within this time frame, the writ will essentially expire. In such a case, the praecipe will have ?tolled the Statute of Limitations? and become inactive. However, the prothonotary can reissue the writ.

(c) A response to a dispositive motion shall be filed within 30 days of service of the motion or, if a supporting party files a memorandum of law alone, within 30 days of service of that memorandum of law. The response to a dispositive motion must be accompanied by a supporting memorandum of law or brief.

Always check your court's local rules as well as the Federal Rules of Civil Procedure. Generally, a party served with a complaint must respond within 21 days after being served. See Fed.

If you have been served with a Writ of Summons in Pennsylvania, you should seek legal counsel and consider what your options are to move the case forward. In some cases, you may be able to compromise the claim, while in others, it may be appropriate to file a Praecipe to File a Complaint.

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Pennsylvania Federal Court Summons or Service of Process