Rule Text
(a) An action shall be commenced by filing with the prothonotary a complaint substantially in the form provided by Rule 2952.
(b) If the instrument is more than twenty years old, judgment may be entered only by leave of court after notice and the filing of a complaint.
(c) When the original or a photostatic copy or like reproduction of the instrument showing the defendant’s signature is not attached to the complaint, judgment may be entered only by leave of court after notice.
Amendment history: The provisions of this Rule 2951 amended December 14, 1979, effective February 1, 1980, 10 Pa.B. 31; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended November 14, 2007, effective December 14, 2007, 37 Pa.B. 6258; amended December 29, 2008, effective immediately, 39 Pa.B. 304. Immediately preceding text appears at serial pages (331710) to (331711).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
To start a case to collect on a written agreement or debt, you must file a complaint with the court clerk (called the prothonotary). The complaint should follow the standard form laid out in Rule 2952.
There are two situations where a judge must give you permission before you can get a judgment. First, if the document you are trying to collect on is more than 20 years old, you cannot just file and get a judgment automatically. Second, if you cannot attach the original document or a copy showing the defendant's signature to your complaint, you also need the judge's approval first.
In both of these situations, the other side must be notified before the judge decides whether to allow the judgment. This gives the defendant a chance to respond before anything is decided.
Committee Notes
The procedure for notice and hearing shall be in accordance with local practice.
See sections 401(h) and 1205 of the Goods and Services Installment Sales Act, 1966, Special Sess. No. 1, October 28, P. L. 7, effective April 1, 1967, 69 P. S. 1401(h) and 2205 which may limit the venue for commencement of an action in certain cases.
