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Defense is Seeking a Default Over Failure to File a Complaint

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  • 09-29-2012, 12:59 PM
    paschalleddie1
    Defense is Seeking a Default Over Failure to File a Complaint
    My question involves small claims court in the state of: PA


    I am the Plaintiff in a Civil Action against a business. An Arbitration Hearing is scheduled for 5OCT12. I received a "Notice of Praecipe to Enter Judgement of Non Pros" from the Defendant's lawyer dated 25SEP12. It states:

    "You are in default because you have failed to file a complaint in this case. Unless you act within Ten (10) days from the date of this notice, a judgement may be entered against you without a hearing and you may lose your right to sue the defendants and thereby lose property and other important rights.

    You should take this paper to your Lawyer at once..."

    This is the first and only information received from the defendants attorney. What if anything am I required to do within ten (10) days? Again, I am the Plaintiff in the suit in which the Defendant had not filed a counter claim.

    I presently do not have an attorney and had filed the Civil Suit myself. Do I now need an attorney? What does this notice mean?

    Thanks
  • 09-30-2012, 12:29 AM
    mmmagique
    Re: Defense is Seeking a Default Over Failure to File a Complaint
    You may want to take the complaint you filed to an attorney and have him/her look it over for accuracy. It shouldn't cost much for this type of consult.
  • 09-30-2012, 10:59 AM
    paschalleddie1
    Re: Defense is Seeking a Default Over Failure to File a Complaint
    I originally filed the complaint in Municipal Court. The defendant was found guilty. I appealed the verdict because I was only awarded $1. The case was scheduled to be heard before a board of arbitrators. The Court of Common Pleas at no time indicated a problem with the complaint. I am the Plaintiff in the case and therefore it makes no sense that I am "in default" as determined by the Defense lawyer.

    Thanks
  • 09-30-2012, 09:59 PM
    mmmagique
    Re: Defense is Seeking a Default Over Failure to File a Complaint
    Oh. Kay.

    I'd just hate to see you lose over something silly. I wish you well.
  • 09-30-2012, 10:25 PM
    Mr. Knowitall
    Re: Defense is Seeking a Default Over Failure to File a Complaint
    This is in what local jurisdiction? (e.g., an appeal from the Philadelphia municipal court).
  • 10-01-2012, 05:07 PM
    paschalleddie1
    Re: Defense is Seeking a Default Over Failure to File a Complaint
    Delaware County. The appeal is from a Magisterial District Court ruling and the Arbitration will be in the Court of Common Pleas.
  • 10-04-2012, 01:11 PM
    Mr. Knowitall
    Re: Defense is Seeking a Default Over Failure to File a Complaint
    Quote:

    Quoting Pennsylvania Code, Minor Court Civil Rules, Rule 1004. Filing Complaint or Praecipe on Appeal. Appeals Involving Cross-Complaints.
    A. If the appellant was the claimant in the action before the magisterial district judge, he shall file a complaint within twenty (20) days after filing his notice of appeal.

    B. If the appellant was the defendant in the action before the magisterial district judge, he shall file with his notice of appeal a praecipe requesting the prothonotary to enter a rule as of course upon the appellee to file a complaint within twenty (20) days after service of the rule or suffer entry of a judgment of non pros.

    C. When judgments have been rendered on complaints of both the appellant and the appellee and the appellant appeals from the judgment on his complaint or on both complaints, the appellee may assert his claim in the court of common pleas by pleading it as a counterclaim if it can properly be so pleaded in that court. If the appellant appeals only from the judgment on his complaint, the appellee may appeal from the judgment on his complaint at any time within thirty (30) days after the date on which the appellant served a copy of his notice of appeal upon the appellee.

    So there you go. You need to file a complaint.
  • 10-04-2012, 01:27 PM
    paschalleddie1
    Re: Defense is Seeking a Default Over Failure to File a Complaint
    Thanks, I filed the new complaint in the Court of Common Pleas and now the Defendant's lawyer has requested a continuance. So far it seems to have worked.

    Thanks Again!!!
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