Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY
Rule 2952 - Complaint; Contents
Universal Citation: 231 PA Code ยง 2952
Current through Register Vol. 54, No. 38, September 21, 2024
(a) The complaint shall contain the following:
(1) The
names and last known addresses of the parties;
(2) The original or a photostatic copy or
like reproduction of the instrument showing the defendant's signature; if the
original is not attached, an averment that the copy attached is a true and
correct reproduction of the original; if neither the original nor a
reproduction can be attached, an explanation why they are not available;
If the complaint is to be filed in a judicial district which has implemented electronic filing, an electronic copy of the instrument should be attached to the complaint. Should an issue arise concerning the instrument, any party at any time may request the production of the original instrument for inspection pursuant to Pa.R.C.P. No. 205.4(b)(5).
(3) An averment that judgment is not being
entered by confession against a natural person in connection with a consumer
credit transaction;
(4) a statement
of any assignment of the instrument;
(5) either a statement that judgment has not
been entered on the instrument in any jurisdiction or if it has been entered an
identification of the proceedings;
(6) if the judgment may be entered only after
a default or the occurrence of a condition precedent, an averment of the
default or of the occurrence of the condition precedent;
(7) an itemized computation of the amount
then due, based on matters outside the instrument if necessary, which may
include interest and attorneys' fees authorized by the instrument;
(8) a demand for judgment as authorized by
the warrant;
(9) if the instrument
is more than twenty years old, or if the original or a photostatic copy or like
reproduction of the instrument showing the defendant's signature is not
attached to the complaint, an application for a court order granting leave to
enter judgment after notice;
(10)
signature and verification in accordance with the rules relating to a civil
action;
(b) The complaint shall neither contain a notice to defend nor be endorsed with a notice to plead, and no responsive pleading shall be required whether or not the complaint contains a notice to defend or is endorsed with a notice to plead.
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