Pa Writ Of Summons: Fill & Download for Free

Well, I’m an attorney now. (And I should remark that there’s some variation between courts as to what kinds of legal jargon are accepted, but I’ll give some from my state.) We have all sorts of words that are rarely used and sometimes obsolescent elsewhere.I’d say the quintessential Pennsylvania legal-practice word that’s “rarely used elsewhere” is prothonotary (pronounced: |pɹɔ θɔ́ nə tɛ ɹɪ|; 64 of our 67 counties have one) which is the official who might be called “clerk of court” in most other states. According to Wikipedia, two Australian states, two U.S. states, and the Federal Court of Canada are the only jurisdictions still to use the term. However, apparently the term was more common at one point and is still occasionally used in ecclesiastical courts.A praecipe (pʼrɛ́ sɪ pɪ) is another local term, it is a piece of paper that directs the prothonotary to take note of some action by the attorney—you can have a praecipe for entry of appearance, a praecipe for issuance of summons or judgment, a praecipe to transmit record (used to obtain a divorce), etc. It’s Latin for “take notice.”To demur is not just “say no”, but more specifically to file a preliminary objection under Pa. R.C.P. No. 1028(a)(4) relating to failure to state a claim. If you demur to a complaint, you are telling the court that your opponent’s paper, even if taken is true, is legally insufficient to support any relief. A demurrer is a pleading making this assertion.A plea is a representation to the court, not necessarily an “entreaty.”To deliberate is to take under advisement and ponder; a judge or jury deliberates to arrive at a ruling.A movant and respondent are parties seeking relief by motion and opposing¹ the same respectively.An appellant and appellee are parties seeking relief by way of appeal and opposing¹ the same respectively.A rule to show cause is an order of court that directs one or more of the parties to an action to respond in some way else some sort of relief may be awarded against them. A rule absolute is the granting of that relief. The term “rule” has a more common sense of “regulation”, which is also used in law, but I haven’t seen it in the sense of “specific direction” elsewhere.To impanel (or empanel) is to select a jury. Impanelment is its nominal form.To except is to assign error to a point for potential later review. Exceptions, like objections, can be sustained or overruled.Hearsay is a specific evidentiary objection. Hearsay is testimony that is brought in second-hand, but not all testimony about testimony is hearsay.A writ is a special order of court, such as a writ of certiorari or a writ of execution or of habeas corpus.A decree nisi is a temporary order of court that will become final if no exceptions are filed or if some other conditions are met.Property law gives us fee (which doesn’t mean “price”), seised (to be seised of is to own), reverter and remainder (contingent interests in property).¹ “Opposition” is theoretical for the purpose of this definition. In fact there is such a thing as an unopposed motion, but the non-moving party is still the respondent because that party has a right to respond. “Appellee” is sometimes defined by rules of appellate procedure.

Well, I’ve heard that steamed with Hollandaise sauce is considered quite a delicacy. Almost takes the wood-fibre taste out.The best way to serve a legal paper is to do it the way the rule tells you to. In Pennsylvania, unless the case is a small claims case, domestic case, a case involving a request for a preliminary injunction, or a domestic relations matter, or a case in Philadelphia County, (in which cases a process-server—to wit, an adult not party to the case—might be authorized) original service must be made by the Sheriff’s Office for the county in question. Sheriff service may be had almost anywhere; there is normally a fee for this but I’ve not found the fees to be excessive. In a small claims case, service may be made by a “constable” instead of the Sheriff and this may be cheaper. In certain matters service by mail rather than “personal service” is authorized; the mail should be sent certified and return-receipt requested; the return receipt and the post-office receipt will demonstrate service.Different courts have different rules, although ordinary mail without more is rarely adequate service of initial process, and the party plaintiff is not normally authorized to make personal service. Any defect in service is waived if the defendant appears at a court proceeding or files an answering paper and does not explicitly preserve the issue. The purpose of service is to apprise the defendant of the action and give them an opportunity to be heard in opposition to it; participation infers actual notice.Once service is made (or in the event that the thirty days for service expires without service), a “return of service” may be made and filed with the court. This is an affidavit specifying the means and date of successful service made by someone with knowledge of the matter, usually (as noted above) a Sheriff’s deputy, or the process server (if a process server is allowed); an attorney in the case or a court worker may return mail service. A return of no service will be made if you submit the case to the Sheriff and the defendant is not found. If the person is in fact “not found”, the lawsuit will not proceed. It can be “reinstated” within a reasonable time after unsuccessful service, in which case the thirty days will run anew. However, a plaintiff who does not diligently attempt service may have the case dismissed or have the benefit of the filing date as date of commencement taken away (example, plaintiff files lawsuit against defendant within two-year statute of limitations, makes no effort to serve defendant until considerably after the statute has run, defendant points this out to court, court may throw case out on the grounds that the statute ran due to lack of reasonable notice). Lamp v. Heyman, 469 Pa. 465, 478 (1978): “a writ of summons shall remain effective to commence an action only if the plaintiff then refrains from a course of conduct which serves to stall in its tracks the legal machinery he has just set in motion.”Private process servers can be called to testify about their efforts at service (it’s presumed that the deputies will use diligent efforts to locate the defendant). Although there is not, to the best of my knowledge, any formal “code of ethics” for process servers, the nature of the business means they depend on attorneys’ goodwill for their livelihood. A process server has little incentive to lie, because the lie is likely to be found out; an attorney who’s hired a crooked server and ends up having to do a lot of extra litigation over the validity of service will not hire that person again and will tell their colleagues, “don’t use this guy.”If ordinary efforts at service are unsuccessful, a party may petition the court for special service, usually publication, but I’ve heard of a case where service by Facebook messages was authorized when that was all that was known of the defendant’s whereabouts.

The best thing for you to do is consult a lawyer in Pennsylvania. You can check with the Pennsylvania Bar Association’s referral service or the local bar association in the county in whose court the action is pending.The rights you have are the rights available to any litigant. You have the right to due process of law and a “day in court” on a contested issue, provided you bring it to the court’s attention in an appropriate manner. You have the duties that accure to any litigant, as well, notably that to respond to the action. If you ignore the “letter” (which I suppose is a complaint for support), it could well result in your losing any right to contest paternity.Pennsylvania adheres to the presumption of paternity. Brinkley v. King, 549 Pa. 241, 248, 701 A.2d 176, 180 (1997). This means if the child was born into a marriage, the husband¹ is presumed to be the father. If your ex-wife is on welfare, she was required by the Federal Social Security Act both to pursue support and to pursue it against you first; it will be up to you to challenge paternity. To challenge paternity, you need to present grounds to “open” the issue to the court. The attorney I suggested you consult in the first paragraph can help you do this with attention to the sensibilities of the judge who will be deciding the case. “Non-access” is a pretty compelling ground—and the Brinkley court held that if the couple were already separated when the child was conceived, that will overcome (or moot) the presumption. Id. at 251, 701 A.2d at 181. If non-access cannot be proven, you would have to suggest infidelity, a much messier proposition, and “paternity by estoppel” might have to be decided. If your motion is granted, the court will allow DNA testing to clarify the issue.You may have the right to contest jurisdiction. I have no idea from the limited details allowed by Quora as to whether that would apply in this case.² Long-arm jurisdiction is proper if there is some reasonable connection between you, the case, and the Commonwealth.³ Jurisdiction should be challenged by preliminary objections. Paternity does not have to be raised by objections and may be done by motion, but failing to make such a motion promptly after the initial conference will likely result in you waiving this as an issue. The establishment of a support order will result in a legal determination of paternity, and to open it thereafter you’ll not only have to show “non-access” or infidelity, but some good reason you couldn’t have made the request to open paternity sooner.If the child does turn out to be yours (or if you don’t challenge paternity), establishment proceedings will follow. You should attempt to participate in them; you will be allowed to participate by video conference or phone (usually phone, video links are expensive) on such terms as the local court feels appropriate. This is a right generally conferred by the statute as a matter of convenience, but you do have to let Domestic Relations know that you want to exercise it. We cannot read our out-of-town parties’ minds. (Some of them choose to show up in person instead of making phone appearances, which is also a right you have.) Not participating in your support proceedings can result in the court figuring your earning capacity⁴ without you, which obviously might not be in your best interest.Notes:¹ It is as yet unclear whether the presumption would be applied in a lesbian marriage, where the mother has a “wife” instead of a “husband.”² Of course, Quora is not a source for legal advice anyway—we are here to “share knowledge” about the system, but for proper advice you need to have a conversation in privity with a lawyer.³ See UIFSA § 201(a) (23 Pa.C.S. § 7201):In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this State may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if any of the following apply:(1) The individual is personally served with a writ of summons, complaint or other appropriate pleading within this State.(2) The individual submits to the jurisdiction of this State by consent in a record, by entering a general appearance or by filing a responsive document having the effect of waiving any contest to personal jurisdiction.(3) The individual resided with the child in this State.(4) The individual resided in this State and provided prenatal expenses or support for the child.(5) The child resides in this State as a result of the acts or directives of the individual.(6) The individual engaged in sexual intercourse in this State and the child may have been conceived by that act of intercourse.(7) The individual acknowledged parentage of the child on a form filed with the department under section 5103 (relating to acknowledgment and claim of paternity).(8) There is any other basis consistent with the constitutions of this State and the United States for the exercise of personal jurisdiction.⁴ Support is figured on earning capacity. While usually this is the same as the party’s actual earnings, there can be cases where the court concludes that someone ought to be working more and their children should not suffer because of a voluntary decision to be underemployed. Also see John Gragson's answer to How is the percentage of child support calculated in Pennsylvania? What factors are taken into consideration?