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  1. #1
    Join Date
    Apr 2013
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    28

    Default Timing for Service of Process

    My question involves court procedures for the state of: pa
    I was served with papers back in feb after we answered to the suit the was discovered the lawsuit was wrote wrong which we were then informed the plaintiff has 20 days to amend the paper work and re serve us with papers my question is how defines the 20 days is it business days or a straight run of 20 consecutive days? Thank you

  2. #2
    Join Date
    Nov 2013
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    6,888

    Default Re: Lawsuit Papers

    20 calendar days.

    35.35. Answers to complaints and petitions.

    Answers to complaints and petitions, other than petitions to intervene and petitions of appeal from delegated actions of subordinate officers, shall be filed with the agency within 20 days after the date of service, unless for cause the agency with or without motion shall prescribe a different time, but in no case may an answer be required in less than 10 days after the date of service. Answers to petitions of appeal from delegated actions of subordinate officers shall be filed with the agency within 10 days after the date of service. A respondent failing to file an answer within the applicable period shall be deemed in default, and relevant basic facts stated in the complaint or petition may be deemed admitted. Answers shall be in writing, and so drawn as fully and completely to advise the parties and the agency as to the nature of the defense. They shall admit or deny specifically and in detail each material allegation of the pleading answered, and state clearly and concisely the facts and matters of law relied upon.
    1. An answer to a complaint or petition must be filed within 20 days of service. 1
    Pa. Code 35.35. A respondent failing to answer within the applicable period
    shall be deemed in default, and relevant basic facts stated in the complaint or
    petition may be deemed admitted.

  3. #3
    Join Date
    Apr 2013
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    28

    Default Re: Lawsuit Papers

    Does that mean he only has to file them with court or do we have to be re served?

  4. #4
    Join Date
    Mar 2013
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    17,923

    Default Re: Lawsuit Papers

    Quote Quoting Plumout
    View Post
    Does that mean he only has to file them with court or do we have to be re served?
    Both.

    However, after the initial summons and complaint, it's likely that subsequent pleadings and filings can be served by regular mail.

    See if your court has a website where you can monitor the docket online. You might be able to see the filings noted before you receive them.

  5. #5
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    Sep 2005
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    98,846

    Default Re: Timing for Service of Process

    The rule cited above relates to administrative actions. Although the net effect is the same, the applicable rules are in a different part of the Code. The general rule for the filing of pleadings in civil proceedings is this:
    Quote Quoting Pa.R.C.P. 1026. Time for Filing. Notice to Plead.
    (a) Except as provided by Rule 1042.4 or by subdivision (b) of this rule, every pleading subsequent to the complaint shall be filed within twenty days after service of the preceding pleading, but no pleading need be filed unless the preceding pleading contains a notice to defend or is endorsed with a notice to plead.

    (b) A defendant served outside the United States shall have sixty days from service of the complaint within which to plead.
    The specific rule for an amended complaint is, "If the filing of an amendment, an amended pleading or a new pleading is allowed or required, it shall be filed within twenty days after notice of the order or within such other time as the court shall fix." Pa.R.C.P. 1028(e). That is a reference to calendar days.

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