Section 304. Form of Complaint

A. The complaint shall be made in writing on a form which shall be prescribed by the State Court Administrator.

B. The complaint shall be signed by the plaintiff or plaintiff’s agent and verified as follows:

The facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

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Signature

C. The complaint shall set forth:

(1) The names and addresses of the parties.

(2) The amount claimed.

(3) A brief and concise statement of the facts upon which the claim is based including:

(a) the date, time and place of the occurrence and a brief description of the damages sustained when the claim alleges tortious conduct; or

Official Note

A civil action in which the claim alleges tortious conduct was formerly called an action in trespass.

(b) the date of the transaction and a brief description of the subject matter when the claim is contractual;

Official Note

A civil action in which the claim is contractual was formerly called an action in assumpsit.

(c) the date and description of the occurrence when the claim is for a civil fine or penalty and the citation to the statute authoring the claim.

(4) Such other information as shall be required on the complaint form.

Official Note

Rule 304 is designed to promote uniformity, simplification of procedure and better access by the public to the judicial services of magisterial district judges. The use of a form will help to accomplish this purpose and will also provide easier statistical and other administrative control by the Supreme Court.

The provisions of the Rule 304 amended December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875; amended September 18, 1990, effective immediately, 20 Pa.B. 5042. Immediately preceding text appears at serial page (87406).