IN THE COURT OF COMMON PLEAS OF [COUNTY] COUNTY, PENNSYLVANIA
CIVIL ACTION – LAW
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v.
[DEFENDANT FULL LEGAL NAME],
Defendant.
Docket No.: [__]
Type of Pleading: COMPLAINT – CONSUMER PROTECTION (UNFAIR TRADE PRACTICES & CONSUMER FRAUD)
Jury Trial Demanded
NOTICE TO DEFEND (Pa. R.C.P. 1018.1)
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
LAWYER REFERRAL SERVICE
[Name of County Bar Association]
[Street Address]
[City, State ZIP]
Telephone: [XXX-XXX-XXXX]
[// GUIDANCE: Substitute the exact Notice-to-Defend language adopted by your County if it varies, and add the required Spanish translation for the First Judicial District (Philadelphia) or any other county that mandates bilingual notice.]
TABLE OF CONTENTS
- PARTIES................................................................................. 2
- JURISDICTION AND VENUE............................................. 3
- DEFINITIONS....................................................................... 3
- FACTUAL ALLEGATIONS.................................................... 4
- CAUSES OF ACTION............................................................. 7
Count I – Violation of Pennsylvania Unfair Trade Practices & Consumer Protection Law (“UTPCPL”)
Count II – Common-Law Fraud (optional)
Count III – Breach of Implied Warranty (optional) - PRAYER FOR RELIEF.......................................................... 11
- JURY DEMAND.................................................................. 12
- RESERVATION OF RIGHTS & ARBITRATION STATEMENT........ 12
- ATTORNEY CERTIFICATION (Pa. R.C.P. 1023.1)...................... 13
- VERIFICATION.................................................................... 14
- SIGNATURE BLOCK............................................................. 15
[// GUIDANCE: Remove optional counts if not pursued; adjust numbering automatically.]
1. PARTIES
1.1 Plaintiff. [PLAINTIFF FULL LEGAL NAME] (“Plaintiff”) is an individual consumer residing at [Full Address, County, State ZIP].
1.2 Defendant. [DEFENDANT FULL LEGAL NAME] (“Defendant”) is a [corporation/LLC/partnership/individual] with its principal place of business at [Address], regularly conducting business in [County] County, Pennsylvania.
2. JURISDICTION AND VENUE
2.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction over Plaintiff’s statutory and common-law claims pursuant to 42 Pa. Cons. Stat. § 931 and the Pennsylvania Unfair Trade Practices & Consumer Protection Law, 73 Pa. Stat. Ann. §§ 201-1 et seq.
2.2 Personal Jurisdiction. Defendant transacts business, contracts to supply goods and services, and/or commits tortious acts within the Commonwealth, conferring personal jurisdiction under 42 Pa. Cons. Stat. §§ 5301-5322.
2.3 Venue. Venue is proper in this Court under Pa. R.C.P. 1006 because Defendant [regularly conducts business in / may be served in / the transactions at issue occurred in] [County] County.
3. DEFINITIONS
Unless the context clearly requires otherwise, the following capitalized terms shall have the meanings set forth below:
3.1 “Consumer Transaction” means the sale or lease of goods or services primarily for personal, family, or household purposes.
3.2 “Deceptive Act” means any false, misleading, or deceptive representation, omission, or practice proscribed by 73 Pa. Stat. Ann. § 201-3.
3.3 “Product” means the [specific goods/service] purchased by Plaintiff from Defendant on [Date].
[// GUIDANCE: Add or delete defined terms to align precisely with factual allegations.]
4. FACTUAL ALLEGATIONS
4.1 On or about [Date], Plaintiff entered into a Consumer Transaction with Defendant for the purchase of the Product.
4.2 Prior to sale, Defendant represented that the Product would [representations].
4.3 In truth, the Product [defects/misrepresentations], constituting a Deceptive Act.
4.4 Plaintiff relied on Defendant’s representations and paid [Price] for the Product.
4.5 After delivery, Plaintiff discovered that [specific defects or failures].
4.6 Plaintiff promptly notified Defendant on [Date], but Defendant failed to [cure/repair/refund].
4.7 As a direct and proximate result, Plaintiff suffered ascertainable losses including:
a. Out-of-pocket payments totaling $[Amount];
b. [Incidental damages]; and
c. [Consequential damages].
4.8 Defendant’s conduct constitutes willful and malicious wrongdoing warranting treble damages pursuant to 73 Pa. Stat. Ann. § 201-9.2(a).
5. CAUSES OF ACTION
Count I – Violation of Pennsylvania Unfair Trade Practices & Consumer Protection Law
(73 Pa. Stat. Ann. §§ 201-1 through 201-9.3)
5.1 Plaintiff incorporates by reference ¶¶ 1-4.8.
5.2 Defendant, through the conduct described, engaged in [“unfair methods of competition” and/or “unfair or deceptive acts or practices”] within the meaning of 73 Pa. Stat. Ann. § 201-3.
5.3 Plaintiff sustained an ascertainable loss of money or property as a result of Defendant’s unlawful acts.
5.4 Pursuant to 73 Pa. Stat. Ann. § 201-9.2(a), Plaintiff is entitled to:
a. Actual damages or $100.00, whichever is greater;
b. Treble damages at the Court’s discretion; and
c. Reasonable attorney fees and costs.
5.5 In addition, injunctive relief is appropriate to enjoin further unlawful acts.
[// GUIDANCE: Repeat similar structure for optional Counts II and III or delete.]
6. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff’s favor and against Defendant, granting:
a. Actual damages, or statutory minimum damages, whichever is greater;
b. Treble damages pursuant to 73 Pa. Stat. Ann. § 201-9.2(a);
c. An order preliminarily and permanently enjoining Defendant from engaging in the Deceptive Acts described herein;
d. Restitution and disgorgement of ill-gotten gains;
e. Reasonable attorney fees and litigation costs;
f. Pre- and post-judgment interest as allowed by law; and
g. Such other and further relief as the Court deems just and proper.
7. JURY DEMAND
Plaintiff demands trial by jury on all issues so triable as of right under the Constitution of the Commonwealth of Pennsylvania and the Seventh Amendment to the United States Constitution.
8. RESERVATION OF RIGHTS & ARBITRATION STATEMENT
8.1 Plaintiff is unaware of any binding arbitration clause applicable to the claims asserted.
8.2 To the extent Defendant contends an arbitration agreement exists, Plaintiff expressly reserves the right to challenge the validity, scope, and enforceability of any such clause, including but not limited to defenses under the UTPCPL’s anti-waiver provisions and governing unconscionability doctrines.
8.3 Nothing in this Complaint shall be construed as a waiver of Plaintiff’s right to seek judicial determination or to oppose compelled arbitration except as may be ordered by this Court pursuant to applicable law.
[// GUIDANCE: Modify or omit this section if arbitration is not anticipated.]
9. ATTORNEY CERTIFICATION
I certify pursuant to Pa. R.C.P. 1023.1 that, to the best of my knowledge, information, and belief formed after an inquiry reasonable under the circumstances, this Complaint is not presented for any improper purpose, the claims are warranted by existing law or a non-frivolous argument for its extension, modification, or reversal, and the factual contentions have evidentiary support.
10. VERIFICATION (Pa. R.C.P. 1024)
I, [Plaintiff Name], verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 (relating to unsworn falsification to authorities).
Date: ___ ________
[PLAINTIFF NAME]
11. SIGNATURE BLOCK
Respectfully submitted,
[LAW FIRM NAME]
By: ______
[ATTORNEY NAME], Esquire
PA I.D. No. [_____]
[Street Address]
[City, State ZIP]
Tel.: [XXX-XXX-XXXX]
Email: [[email protected]]
Counsel for Plaintiff
[// GUIDANCE:
1. Attach any required exhibits (e.g., contract, receipts, correspondence).
2. Serve Defendant in strict compliance with Pa. R.C.P. 400 et seq.
3. Consider filing a Motion for Preliminary Injunction concurrently if immediate relief is necessary.
4. Customize factual allegations and counts to match the specific transaction, product, and deceptive conduct at issue.
5. Confirm county-specific formatting requirements (e.g., cover sheet, arbitration track assignment, filing fees).]