Commencing Litigation

Question 1

Parties have a right to seek Declaratory Judgment to determine these three things.

Answer 1

Rights

Status

Legal Relationship

Question 2

Two ways to commence a suit in PA?

Answer 2

Complaint

Praecipe for writ of summons

Question 3

Why file a P for WS if the plaintiff must nevertheless file a complaint? (2)

Answer 3

A P can obtain pre-complaint discovery (subject to restrictions); and

Toll the SOL

Question 4

When can a P obtain pre-complaint discovery? (2)

Answer 4

A P can obtain pre-complaint discovery where the info sought is 1) material and necessary to obtain information needed for filing the complaint; and

(2) the discovery will not cause unreasonable annoyance, embarassment, oppression, burden, or expense to any person or party

Question 5

For how long does filing a Praecipe for a Writ of Summon toll the SOL?

Answer 5

For a period equivalent to the applicable SOL for commencement of the action, as long as the P makes a good faith effort to served the D with the writ.

Question 6

Explain the Equivalent Period Doctrine? What is it and to what does it apply?

Answer 6

Applies to a P for W of S.

Says that the filing of a P for W of S tolls the SOL for a period equivalent to the applicable SOL for commencement of the action, as long as the P makes a good faith effort to served the D with the writ.

Question 7

On objection to improper service is waivable if not properly raised when?

Answer 7

First responsive pleading (POs)

Question 8

Original process must be served by who? 4 Exceptions where any competent adult who is not a party or relative?

Answer 8

Sheriff

Exceptions? actions in equity, actions for partition, actions to prevent waste, actions for declaratory judgments

Question 9

When serving D in PA, the sheriff must perform what kind of service?

Answer 9

Personal

Question 10

A sheriff may personally serve a D by handing a copy to what five types of people?

Answer 10

D himself

An adult family member or person in charge at D’s residence

Manager of any hotel, apartment, or place of lodging where D actually resides

D’s agent

Person in charge of his office or business

Question 11

For in-state service on businesses, there must be personal service on one of the following three people. . .

Answer 11

Officer of the business

Registered agent for the business

The manager or PIC of any regular place of business.

Question 12

Service OUTSIDE of PA can be by _____ ______

Answer 12

Certified mail.

Question 13

Service on an out-of-state D does/doesn’t include FedEx or UPS.

Answer 13

Doesn’t

Question 14

Whenever you see out-of-state process, check for . . .

Answer 14

PJ

Question 15

Plaintiff has ____ days to serve D. BUT, after the expiration of this term, P may _______ the complaint or _____ the writ and attempt service again, and again, and again until . . .

Answer 15

30 days

Reinstate

Reissue

A length of time equal to the original SOL (Equivalent Period Doctrine)

Question 16

A plaintiff must do what to serve the D during the equivalent period?

Answer 16

Make a good faith effort.

Question 17

If P has yet to serve a D following the expiration of the Equivalent Period, his case is subject to dismissal IF one of the following two things are true . . .

Answer 17

He has demonstrated “an intent to stall the judicial machinery” OR

If his failure to comply with the Pa R Civ P has prejudiced the D.

Question 18

If P cannot make service under the applicable rules, he may move the court for a special order for alternative service. To be granted such an order, must do what two things?

Answer 18

Demonstrate a good faith effort to locate and serve the D; AND

Include an affidavit stating the nature and extent of the investigation made to locate and serve D.