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General Form of Complaint for Quantum Meruit - For Services Rendered

Pennsylvania General Form of Complaint for Quantum Meruit - For Services Rendered

Category:

Liens - Construction

State:

Multi-State

Control #:

US-03280BG

Format:

Instant download

Description

The phrase quantum meruit means as much as he has deserved. When a person employs another to do work for him, without any agreement as to his compensation, the law implies a promise from the employer to the workman that he will pay him for his services, as much as be may deserve or merit. In such case the plaintiff may suggest in his Complaint that the defendant promised to pay him as much as he reasonably deserved, and then state that that defendant has failed to pay such amount.

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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How to fill out General Form Of Complaint For Quantum Meruit - For Services Rendered?

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FAQ

If you are filing the Complaint originally in Common Pleas Court, under Pennsylvania law, service of the Complaint on a resident of Pennsylvania must be made by the Sheriff. You must take two file-stamped copies (the Defendant's copy and the Sheriff's service copy) of the Complaint to the Sheriff for service.

The court order, accompanied by the complaint, should be sent by certified mail to the Department of State, return receipt requested. The statutory fee is $70.00 for each defendant to be served. You may reach the bureau by telephone by calling (717) 787-1057. The telephone lines are available from am to pm.

The statute of limitations for a quantum meruit action is four years. 42 Pa. C.S.A. § 5525(4); Ragnar Benson, Inc.

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.

?A proof of service shall contain a statement of the date and manner of service and of the names of the persons served. Under 18 Pa. C.S. § 4904 (unsworn falsification to authorities) a knowingly false proof of service constitutes a misdemeanor of the second degree.

?The elements of a cause of action for a quasi contract are that: (1) the plaintiff has conferred a benefit on the defendant; (2) the defendant has knowledge of the benefit; (3) the defendant has accepted or retained the benefit conferred and (4) the circumstances are such that it would be inequitable for the defendant ...

(1) on an executive officer, partner or trustee of the corporation, or (2) on an agent or person for the time being in charge of, and only at, any office or usual place of business of the corporation, or (3) on an agent authorized by appointment to receive service of process, or (4) by mailing, via certified mail or ...

?Damages in unjust enrichment are measured by the value of what was inequitably retained. In quantum meruit, by contrast, the damages are not measured by the benefit realized and retained by the defendant, but rather are based on the value of the services provided by the plaintiff.? Id. ¶ 7, 708 A.