§ Rule 2952 Complaint Contents

Rule 2952. Complaint. Contents

    (a) The complaint shall contain the following:

        (1) the names and last known addresses of the parties;

    Note: These rules change prior practice by not requiring a separate certification of address.

        (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;

    Note: If the original instrument is not attached to the complaint, a method of securing inspection thereof is provided by Discovery Rule 4009.1 et seq. 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;

    Note: Whether a prior entry of judgment has exhausted the warrant is a matter of substantive law.

        (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;

    Note: If the instrument authorizes confession for a penal sum judgment may be entered in that amount.

        (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;

    Note: The procedure for notice and hearing will be in accordance with local practice.

        (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.

    Note: Neither Rule 1018.1 nor Rule 1361 applies to a complaint in confession of judgment.