Preliminary Matters, Jurisdiction, and Commencement

Question 1

How is a civil action commenced in Pennsylvania?

Answer 1

By either:

1. Filing a complaint; or
2. A praecipe for writ of summons

Question 2

Who is the prothonotary?

Answer 2

The court clerk

Question 3

What is the jurisdiction of the Commonwealth courts?

Answer 3

Original jurisdiction over civil actions brought by and against the government or an officer of the government

Question 4

What is the jurisdiction of the common pleas courts?

Answer 4

General trial jurisdiction

Question 5

What is the only county without a district court

Answer 5

Philadelphia

Question 6

How many judicial districts are there in PA?

Answer 6

60

Question 7

What is the jurisdiction of district courts?

Answer 7

Any civil action involving $12,000 or less

Question 8

What does Philadelphia’s municipal court hear?

Answer 8

Any case involving $12,000 or less, in the following classes of actions:

1. Assumpsit;
2. Trespass; and
3. Fines for penalties by any government agency

Question 9

What does Pennsylvania’s long-arm statute provide?

Answer 9

In addition to being coextensive with Due Process, it specifies that a Pennsylvania court may obtain personal jurisdiction over an out-of-state resident that has:

1. Transacted business within PA;
2. Caused harm or tortious injury by an act in PA;
3. Caused harm or tortious injury in PA by an act outside of PA;
4. Contracted to supply something in PA;
5. Violated PA law or court orders;
6. Having real property in PA; or
7. Acting as a personal representative of another under PA authority.

Question 10

What is the general rule for venue?

Answer 10

Venue is:

1. Where an individual can be served;
2. Where the cause of action arose; or
3. where the property is located for equitable action.

Question 11

Where does a cause of action arise?

Answer 11

Where the final element of the cause is satisifed

Question 12

Where is venue for corporations, unincorporated associations, and partnerships?

Answer 12

Where regular business is conducted

Question 13

Where is venue proper for medical malpractice suits?

Answer 13

Only in the county where the cause of action arose, unless the cause of action arose outside of PA

Question 14

Where is venue proper for divorce and annulments?

Answer 14

Only in the county where:

1. The plaintiff or defendant resides; or
2. Where the parties have agreed in writing

Question 15

Where is venue proper for suits against a government entity?

Answer 15

In its county

Question 16

Where is venue proper as to multiple defendants?

Answer 16

Wherever it would be proper as to ANY defendant

Question 17

When can a state court order transfer of venue?

Answer 17

If either:

1. A fair and impartial trial cannot be had in the original county; or
2. The convenience of the witnesses and parties requires the change and the action could have originally been brought in that venue

Question 18

Does Pennsylvania applies forum non conveniens?

Answer 18

Yes, if the forum would be too inconvenient and another venue is available

Question 19

Who must serve process in PA?

Answer 19

The sheriff, but a non-party, non-employee, unrelated 18 y/o can serve actions in:

1. Equity,
2. Partition;
3. declaratory judgments;
4. Custody, visitation, divorce, annulment, or support;
5. Protection from abuse; or
6. to prevent waste

In Philly, any competent adult can serve

Question 20

Who can properly receive service?

Answer 20

1. The defendant;
2. An adult family or person in charge at defendant’s residence;
3. The clerk or manager of the defendant’s lodging;
4. the defendant’s authorized agent; or
5. An adult in charge of any office or usual place of business of the defendant

Question 21

On whom can service be effected for a corporation?

Answer 21

An authorized agent or manager, clerk, or other person for the time being in charge

Question 22

How can be service be effected for out-of-state defendants?

Answer 22

In addition to the other ways allowed in PA,

1. by mail, provided there is a return receipt provided by the defendant or authorized agent; or
2. by any method permitted by the foreign state

Question 23

If an out-of-state defendant is in Pennsylvania on a temporary basis for a court proceeding, can they be served with process for another action?

Answer 23

No, under PA’s immunity rule.

Question 24

What is the deadline for service?

Answer 24

Within either 30 days of filing the action, or 90 days if out of state

Question 25

How many times can a complaint be reissued or served?

Answer 25

There is no limit, provided the plaintiff made a good faith effort to serve

Question 26

Does a defendant’s waiver of service extend the time to respond to the complaint in PA?

Answer 26

No

Question 27

After the sheriff serves a defendant, with whom must the sheriff file a return of service?

Answer 27

The prothonotary

Question 28

If a party moves to dissolve an injunction, when must a hearing be held?

Answer 28

Within 5 days or a time designated by the parties, or it dissolves

Question 29

What is PA’s standard for issuing an injunction?

Answer 29

1. Irreparable harm;
2. Greater injury would result from refusing one than granting one;
3. Injunction would restore to status quo ante;
4. Likelihood of success;
5. Injunction is reasonably suited to abate the offending activity; and
6. Public interest

Question 30

When may a party move for judgment on the pleadings?

Answer 30

At any time unless the pleadings have closed, in which case within a reasonable time after the pleadings are closed so as to not unreasonably delay trial