1368 Amendment of Rule 1018.1 governing the notice to defend; proposed recommendation no. 181

PART I. GENERAL

[231 PA. CODE CH. 1000]

Amendment of Rule 1018.1 Governing the Notice to Defend; Proposed Recommendation No. 181

[32 Pa.B. 3886]

   The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 1018.1 governing the Notice to Defend be amended as set forth herein. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court of Pennsylvania.

   All communications in reference to the proposed recommendation should be sent not later than September 13, 2002 to:

Harold K. Don, Jr., Counsel
Civil Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055

or E-Mail to
[e-mail]

   The Explanatory Comment which appears in connection with the proposed recommendation has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules of civil procedure or be officially adopted or promulgated by the Court.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 1000.  ACTIONS AT LAW

Subchapter A.  CIVIL ACTION

PLEADINGS

Rule 1018.1.  Notice to Defend. Form

*      *      *      *      *

   (b)

[CAPTION]

Notice

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   YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER [OR CANNOT AFFORD ONE], GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW [TO FIND OUT WHERE YOU CAN GET LEGAL HELP]. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

   IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER REDUCED FEE OR NO FEE LEGAL SERVICES TO ELIGIBLE PERSONS.

*      *      *      *      *

Official Note:

*      *      *      *      *

   This rule applies to all complaints including those where service is by publication. For the mandatory content of the publication in such cases see Rule [1009(f)] 430(b).

   When a defendant is a nonresident served outside the United States, [Rules 2081(a), 2131.2(a), 2157.2(a) and 2182(a) provide] Rule 1026(b) provides a sixty-day period for pleading.

   (c)  Each court shall by local rule designate the officer, organization, agency or person to be named in the notice from whom [legal help] information can be obtained.

*      *      *      *      *

Explanatory Comment

   Rule 1018.1 requires that every complaint begin with a notice to defend which advises the defendant in part as follows:

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

   It appears that defendants are interpreting the notice as stating that they have a right to free legal counsel irrespective of eligibility requirements. This interpretation creates a difficult situation for the office to which defendants are referred by the notice. It is therefore proposed that the notice be revised to eliminate the misconception engendered by it.

   The following rules prescribe notices which contain language identical to that of the Notice to Defend under Rule 1018.1. These rules will require amendment as well:

Rule 430	Service Pursuant to Special Order of Court. Publication
Rule 1910.25	Enforcement. Support Order. Civil Contempt. Petition. Service. No Answer Required
Rule 1910.27(b)	Form of Complaint. Order. Income and Expense
Rule 1910.27(f)	Statement. Health Insurance Coverage. Information Form. Form of Support Order. Form Petition for Modification
Rule 1915.12	Civil Contempt for Disobedience of Custody Order. Petition. Form of Petition. Service. Order
Rule 1915.15	Form of Complaint. Caption. Order. Petition to Modify a Partial Custody or Visitation Order
Rule 1915.16	Form of Order and Notice. Joinder. Intervention
Rule 1920.71	Form of Notice
Rule 1920.73	Notice of Intention to Request Entry of divorce Decree. Praecipe to Transmit Record. Forms
Rule 3146	Judgment Against Garnishee Upon Default or Admission in Answer to Interrogatories
Rule 3252	Writ of Execution. Money Judgments
Rule 3282	Petition. Averments. Notice to Defend
Rule 3288	Petition. Averments. Notice to Defend
Rule 4009.33	Motion for Entry upon Property of a Person Not a Party

By the Civil Procedural Rules Committee

R. STANTON WETTICK, Jr.,   
Chair

[Pa.B. Doc. No. 02-1368. Filed for public inspection August 9, 2002, 9:00 a.m.]