Legal Question in Real Estate Law in Pennsylvania

I sold a home in Pennsylvania almost 3 years ago. Before the 2 year statute of limitation, the new owner filed a writ of summons. There was no formal complaint filed. It has been 6 months since the summons was filed and I have heard nothing. There still has been no formal complaint filed.

My question is: does the plaintiff have to keep refiling the writ of summons to keep it current? Doesn't the defendant have to be notified of what that summons refers to? If so, how long does a plaintiff have to file a formal complain?

I would like to file a motion to dismiss this case on the grounds the defendant was served improperly (without a formal complaint). Is there a statute of limitations on filing a writ of summons and if the case was dropped or refiled, would the defendant have to be notified?

Thank you.


Asked on 3/03/11, 4:19 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

The answer is not much. Once a praecipe for a writ of summons has been issues the statute of limitations has been tolled. That is you can't ask the case be dismissed on statute of limitations grounds.

All the summons does is tell you that someone thinks they have a right to sue you. They don't even have to know what they are suing you for. However, they are now entitled to discovery on which to base their law suit.

As near as I know a writ lasts forever though if there is absolutely no activity for 2 years the court on its own could demand that either party file a notice that they actually plan to do something with the writ.

{John}

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Answered on 3/04/11, 5:57 am


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