IN THE COURT OF COMMON PLEAS OF [COUNTY] COUNTY, PENNSYLVANIA
Civil Action – Law
Docket No.: [____]
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the following 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.
— The Court
[// GUIDANCE: Pennsylvania Rule of Civil Procedure 1018.1 requires this exact “Notice to Defend” language. Replace the county bar association and telephone contact information here, if your local judicial district provides a standardized version.]
COMPLAINT IN CIVIL ACTION
(Personal Injury – Negligence)
TABLE OF CONTENTS
- Preliminary Statement
- Parties
- Jurisdiction and Venue
- Factual Allegations
- Count I – Negligence (Against All Defendants)
- Damages
- Prayer for Relief
- Jury Demand
- Verification
- Signature Block
1. PRELIMINARY STATEMENT
1.1 This is a civil action for personal injuries sustained by Plaintiff, [PLAINTIFF NAME] (“Plaintiff”), arising from the negligence of Defendant(s), [DEFENDANT NAME(S)] (“Defendant(s)”).
1.2 Plaintiff seeks all compensatory damages recoverable under Pennsylvania law, including but not limited to medical expenses, lost wages, loss of earning capacity, pain and suffering, emotional distress, and, where legally permissible, punitive damages.
1.3 To the extent any statutory damage cap applies—such as those found at 42 Pa. Cons. Stat. §§ 8528 (Commonwealth parties) or 8553 (local agencies)—Plaintiff pleads damages subject to and in conformity with such limitations, while expressly reserving the right to challenge their applicability.
2. PARTIES
2.1 Plaintiff, [PLAINTIFF NAME], is an adult individual residing at [PLAINTIFF ADDRESS], [CITY], Pennsylvania [ZIP].
2.2 Defendant, [DEFENDANT NAME], is a [corporation/partnership/individual/local agency/Commonwealth entity] with a principal place of business/residence at [DEFENDANT ADDRESS], [CITY], Pennsylvania [ZIP].
[// GUIDANCE: Insert additional defendants in numbered paragraphs (2.3, 2.4, etc.) and allege their legal status (e.g., “foreign corporation authorized to do business in Pennsylvania”).]
3. JURISDICTION AND VENUE
3.1 Jurisdiction is proper under 42 Pa. Cons. Stat. § 931 because this Court is a court of general jurisdiction for civil actions sounding in tort and the amount in controversy exceeds the jurisdictional minimum.
3.2 Venue is proper in [COUNTY] County pursuant to 42 Pa. Cons. Stat. § 5322 and Pa. R. Civ. P. 1006 because:
(a) Defendant regularly conducts business in this county; and/or
(b) the events giving rise to this cause of action occurred in this county; and/or
(c) Defendant resides or has its registered office in this county.
4. FACTUAL ALLEGATIONS
4.1 On or about [DATE OF INCIDENT] at approximately [TIME], Plaintiff was lawfully present at [LOCATION] when Plaintiff was injured as a direct and proximate result of Defendant’s negligence.
4.2 Defendant owed Plaintiff a duty to exercise reasonable care under the circumstances, including but not limited to the duties to:
(a) maintain the premises/equipment/vehicle in a reasonably safe condition;
(b) warn of hidden or latent dangers; and
(c) comply with all applicable statutes, ordinances, and industry standards.
4.3 Defendant breached said duties by, inter alia:
(a) [DESCRIBE ACTS OR OMISSIONS, e.g., “failing to clear ice from a public walkway”];
(b) [DESCRIBE], which created an unreasonable risk of harm; and
(c) [DESCRIBE].
4.4 Defendant’s breach was a factual and proximate cause of the injuries and losses sustained by Plaintiff.
4.5 At all relevant times, Plaintiff exercised due care for his/her own safety and was free of comparative negligence, or, in the alternative, Plaintiff’s comparative negligence, if any, does not bar recovery pursuant to Pennsylvania’s Comparative Negligence Act, 42 Pa. Cons. Stat. § 7102.
4.6 [If multiple defendants:] Pursuant to 42 Pa. Cons. Stat. § 7102(a.1), each Defendant whose causal negligence is found to be sixty percent (60 %) or greater is jointly and severally liable for the full amount of the judgment; otherwise, each Defendant is severally liable only for its proportionate share, subject to enumerated statutory exceptions.
5. COUNT I – NEGLIGENCE
(Against All Defendants)
5.1 Plaintiff incorporates by reference Paragraphs 1 through 4 as though fully set forth herein.
5.2 The injuries and damages sustained by Plaintiff were directly and proximately caused by the negligence, carelessness, and recklessness of Defendant(s) as described above.
5.3 As a direct and proximate result of Defendant(s)’ negligence, Plaintiff sustained serious, painful, and permanent injuries, including but not limited to:
(a) [LIST PHYSICAL INJURIES];
(b) aggravation of pre-existing conditions, if any;
(c) severe emotional distress and mental anguish;
(d) loss of earnings and earning capacity;
(e) past and future medical expenses; and
(f) loss of life’s pleasures.
5.4 The aforesaid injuries and damages are or may be permanent in nature, and Plaintiff may continue to suffer future pain, suffering, loss of earnings, and expenses related thereto.
6. DAMAGES
6.1 Economic Damages
(a) Past medical expenses: $[_]
(b) Future medical expenses (life-care plan estimate): $[_]
(c) Past lost wages: $[_]
(d) Loss of future earning capacity: $[_]
6.2 Non-Economic Damages
(a) Past and future pain and suffering
(b) Loss of enjoyment of life
(c) Emotional distress
6.3 Punitive Damages
Plaintiff seeks punitive damages for Defendant’s outrageous and reckless disregard for the safety of others, as permitted by Pennsylvania law.
6.4 Statutory Damage Caps
To the extent any Defendant is entitled to statutory limitations under 42 Pa. Cons. Stat. §§ 8528 or 8553, Plaintiff seeks damages up to the applicable cap and reserves all rights to contest the cap’s applicability and constitutionality.
[// GUIDANCE: If no governmental defendant is involved, delete ¶ 6.4.]
7. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully demands judgment in his/her favor and against Defendant(s), jointly and severally where applicable, in an amount in excess of the compulsory arbitration limits of this Court, together with:
(a) compensatory damages as set forth above;
(b) punitive damages where permitted;
(c) pre-judgment and post-judgment interest as allowed by law;
(d) costs of suit; and
(e) all such other relief as the Court deems just and proper.
8. JURY DEMAND
Plaintiff hereby demands a trial by twelve (12) jurors on all issues so triable, pursuant to Article I, Section 6 of the Pennsylvania Constitution and Pa. R. Civ. P. 216.
9. VERIFICATION
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]
[// GUIDANCE: Under Pa. R. Civ. P. 1024, a verification signed by the plaintiff—or by counsel if the plaintiff is abroad or incapacitated—is mandatory.]
10. SIGNATURE BLOCK
Respectfully submitted,
[ATTORNEY NAME], Esquire
Attorney ID No.: [_]
[FIRM NAME]
[ADDRESS]
[CITY], PA [ZIP]
Telephone: ([]) [-_]
Email: [EMAIL ADDRESS]
Counsel for Plaintiff, [PLAINTIFF NAME]
[// GUIDANCE:
1. Serve the filed Complaint, Notice to Defend, and Verification on each Defendant along with a blank “Acceptance of Service” or writ/sheriff service documents, per Pa. R. Civ. P. 400 et seq.
2. Calendar the 20-day response deadline immediately upon service.
3. For cases against Commonwealth or local agencies, comply with statutory notice prerequisites (e.g., 42 Pa. Cons. Stat. § 5522).
4. Evaluate venue transfer motions early; Pennsylvania’s venue rules are strictly construed.
5. Consider attaching a preliminary medical foundation (e.g., bills, reports) if seeking immediate settlement dialogue.]