**IN THE COURT OF COMMON PLEAS OF [COUNTY] COUNTY, PENNSYLVANIA
CIVIL ACTION – LAW**
| PLAINTIFF: [PLAINTIFF FULL LEGAL NAME], an individual/[entity type] | Docket No.: _ |
| Address: [Street, City, State ZIP] | |
| v. | |
| DEFENDANT: [DEFENDANT FULL LEGAL NAME], an individual/[entity type] | Jury Trial Demanded: ☐ Yes ☐ No |
| Address: [Street, City, State ZIP] |
NOTICE TO DEFEND (Pa. R. Civ. P. 1018.1)
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in this complaint, you must take 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.
[County] County Lawyer Referral Service
[Street Address]
[City, State ZIP]
Telephone: [(XXX) XXX-XXXX]
[// GUIDANCE: Replace the above referral information with the exact language and contact details required by the local judicial district.]
COMPLAINT IN CIVIL ACTION – BREACH OF CONTRACT
TABLE OF CONTENTS
- Parties
- Jurisdiction and Venue
- Definitions
- Factual Background
- Count I – Breach of Contract
- Damages
- Demand for Jury Trial
- Prayer for Relief
- Reservation of Rights
- Verification
- Certificate of Service
1. PARTIES
1.1 Plaintiff [Plaintiff Name] (“Plaintiff”) is a [state of formation] [corporation/LLC/etc.] with its principal place of business at [address].
1.2 Defendant [Defendant Name] (“Defendant”) is a [state of formation] [corporation/LLC/etc.] with its principal place of business at [address].
1.3 At all times relevant, Plaintiff and Defendant are “parties” to the Contract (as defined below).
2. JURISDICTION AND VENUE
2.1 This Court has subject-matter jurisdiction pursuant to 42 Pa. Cons. Stat. § 931 because the amount in controversy exceeds the compulsory arbitration limit for [County] County.
2.2 Personal jurisdiction exists over Defendant because it transacts business and/or maintains systematic contacts in Pennsylvania.
2.3 Venue is proper in [County] County under Pa. R. Civ. P. 2179(a) because Defendant regularly conducts business in, and the cause of action arose in, this county.
3. DEFINITIONS
For purposes of this Complaint, the following capitalized terms have the meanings set forth below:
3.1 “Agreement” or “Contract” means the written [title of contract] executed by Plaintiff and Defendant on or about [date], attached hereto as Exhibit A.
3.2 “Breach Date” means [date]—the date Defendant first failed to perform as required by the Agreement.
3.3 “Deliverables” means the goods/services enumerated in Section [§] __ of the Agreement that Defendant was obligated to provide.
3.4 “Damages” means the monetary losses, incidental and consequential damages, and other relief sought by Plaintiff as set forth in Section 6 below.
[// GUIDANCE: Feel free to augment or narrow the Definitions to fit the underlying transaction.]
4. FACTUAL BACKGROUND
4.1 On [execution date], Plaintiff and Defendant entered into the Agreement, whereby Defendant agreed to provide the Deliverables in exchange for Plaintiff’s payment of $[amount] (the “Consideration”).
4.2 Plaintiff has fully performed all obligations under the Agreement, including timely payment of the Consideration. See Exhibit B (proof of payment).
4.3 Pursuant to Section [§] __ of the Agreement, Defendant was required to deliver the Deliverables no later than [deadline].
4.4 Defendant failed to provide the Deliverables by the deadline and has continued in default despite written notice and an opportunity to cure dated [notice date]. See Exhibit C (notice of default).
4.5 As a direct and proximate result of Defendant’s non-performance, Plaintiff has suffered Damages in excess of $[amount], exclusive of interest, costs, and attorney fees.
5. COUNT I – BREACH OF CONTRACT
5.1 Plaintiff incorporates by reference Paragraphs 1 through 4 as though set forth fully herein.
5.2 The Agreement constitutes a valid and enforceable contract between the parties.
5.3 Plaintiff performed all material obligations under the Agreement or was excused from performance.
5.4 Defendant materially breached the Agreement by:
(a) Failing to deliver the Deliverables by the agreed deadline; and/or
(b) [FURTHER BREACHES].
5.5 Plaintiff has complied with all contractual conditions precedent, including providing written notice and an opportunity to cure.
5.6 Defendant’s breach has caused Plaintiff to incur Damages, including but not limited to: lost profits, out-of-pocket costs, and interest.
6. DAMAGES
6.1 Plaintiff seeks judgment against Defendant in an amount to be proven at trial but presently estimated at $[amount], plus:
(a) Pre- and post-judgment interest under 41 Pa. Stat. § 202;
(b) Incidental and consequential damages under 13 Pa. Cons. Stat. § 2715; and
(c) Contractual attorney fees and costs per Section [§] __ of the Agreement.
6.2 Plaintiff also seeks specific performance and/or injunctive relief compelling Defendant to deliver any remaining Deliverables, to the extent practicable.
7. DEMAND FOR JURY TRIAL
Pursuant to Pa. R. Civ. P. 1007.1, Plaintiff demands a trial by jury on all issues so triable.
8. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in its favor and against Defendant as follows:
A. Compensatory Damages in an amount to be determined at trial;
B. Pre- and post-judgment interest;
C. Reasonable attorney fees, costs, and expenses;
D. Specific performance and/or temporary and permanent injunctive relief;
E. Such other and further relief as the Court deems just and proper.
9. RESERVATION OF RIGHTS
Plaintiff reserves the right to amend this Complaint to assert additional claims and parties as discovery may reveal, pursuant to Pa. R. Civ. P. 1033.
VERIFICATION (Pa. R. Civ. P. 1024(c))
I, [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: __ Signature: ________
Name: [Printed Name]
Title/Capacity: [If signing for entity]
CERTIFICATE OF SERVICE
I hereby certify that on the ___ day of ____, 20__, a true and correct copy of the foregoing Complaint was served upon the following party(ies) in accordance with Pa. R. Civ. P. 401 et seq. by [method of service]:
• Counsel for Defendant: [Name, Address]
Date: __ Signature: ________
Name: [Attorney Name]
PA ID No.: [Bar No.]
Firm: [Law Firm]
Address: [Street, City, State ZIP]
Telephone: [(XXX) XXX-XXXX]
Email: [[email protected]]
[ATTORNEY SIGNATURE BLOCK]
Respectfully submitted,
[Attorney Name] (PA ID No. ______)
[Law Firm Name]
[Street Address]
[City, State ZIP]
Tel: [(XXX) XXX-XXXX]
Email: [[email protected]]
Counsel for Plaintiff [Plaintiff Name]
[// GUIDANCE ON SERVICE & DISCOVERY]
- Service Rules: Under Pa. R. Civ. P. 402(a), original process must be served personally by the sheriff within the Commonwealth. Consider praecipe for reissuance (Rule 401(b)) if service is not effectuated within thirty (30) days.
- Discovery Limits: Pennsylvania has no preset numerical limits on interrogatories or requests for production, but local rules may impose page limits or require meet-and-confer. Electronically Stored Information (“ESI”) protocols should be addressed early in accordance with Pa. R. Civ. P. 4009.1 and 4011(b).
- Compulsory Arbitration Thresholds: If the amount in controversy falls below the county’s arbitration cap (commonly $50,000 but county-specific), file the pleading in the arbitration program and adjust the caption accordingly (e.g., “ARB”).
[END OF TEMPLATE]