Legal Question in Consumer Law in Pennsylvania

Read the state and local rules of civil procedure. Many counties have the loal rules either online or at the county law library. The state rules are online and available free of charge.

You should not be handling litigation, even arbitration, on your own and using free advice here which may or may not be accurate as any attorney here has not seen the relevant lawsuit documents in the lawsuit. Blog posts are not a substitute for competent counsel.

The notice to plead is for counterclaims or cross-claims. If there is an affirmative defense in new matter, then no reply is needed.

Here is the link to the Rules: http://www.pacode.com/secure/data/231/chapter1000/subchapAtoc.html

The pleading rules are in Rules 1017 to 1036. However, here are some helpful parts:

Rule 1017. Pleadings Allowed.

(a) Except as provided by Rule 1041.1, the pleadings in an action are limited to

(1) a complaint and an answer thereto,

Official Note

The term ��complaint�� includes a complaint to join an additional defendant.

(2) a reply if the answer contains new matter a counterclaim or a cross-claim,

(3) a counter-reply if the reply to a counterclaim or cross-claim contains new matter,

(4) a preliminary objection and a response thereto.

Official Note

Pleading in asbestos litigation is governed by Rule 1041.1.

An answer needs to be filed to a preliminary objection only when the preliminary objection alleges facts not of record. See Rule 1028(c)(2), note.

(b) Rescinded.

Official Note

The grounds for preliminary objections are set forth in Rule 1028(a).

(c) No formal joinder of issues is required.

Rule 1030. New Matter.

(a) Except as provided by subdivision (b), all affirmative defenses including but not limited to the defenses of accord and satisfaction, arbitration and award, consent, discharge in bankruptcy, duress, estoppel, failure of consideration, fair comment, fraud, illegality, immunity from suit, impossibility of performance, justification, laches, license, payment, privilege, release, res judicata, statute of frauds, statute of limitations, truth and waiver shall be pleaded in a responsive pleading under the heading ��New Matter.�� A party may set forth as new matter any other material facts which are not merely denials of the averments of the preceding pleading.

If a defendent pleads the affirmative defenses set forth in subdivision (b), they shall be deemed denied and the plaintiff need not reply.

(b) The affirmative defenses of assumption of the risk, comparative negligence and contributory negligence need not be pleaded.

If a defendant pleads the affirmative defenses set forth in subdivision (b), they shall be deemed denied and the plaintiff need not reply.

Defenses which are not required to be pleaded are not waived. See Rule 1032(a).

Rule 1031. Counterclaim.

(a) The defendant may set forth in the answer under the heading ��Counterclaim�� any cause of action cognizable in a civil action which the defendant has against the plaintiff at the time of filing the answer.

Official Note

See Rule 2256 governing counter-claims in an action involving an additional defendant.

See Rule 213(a) and (b) governing consolidation and severance of causes of action.

(b) A counterclaim need not diminish or defeat the relief demanded by the plaintiff. It may demand relief exceeding in amount or different in kind from that demanded by the plaintiff.

Official Note