Q: I was served yesterday, a Reissue of the writ of summons / Civil, dated 6/10/2024.
Original praecipe for summons was attached, Dated Nov 7, 2023. So far no complaint has been filed. Should I file a praecipe and rule to file? I feel this is harassment from my deceased father's estranged wife. My father passed away 3 years ago, and the will has gone through probate, and she signed a document stating no further action would be taken.
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A:
Based on the information provided, here's my analysis and advice:
1. Timeline:
- Original praecipe for summons: November 7, 2023
- Reissue of writ of summons: June 10, 2024 (served on June 20, 2024)
- No complaint filed yet
2. Legal situation:
- You've been served with a reissued writ of summons, but no complaint has been filed.
- This situation is unusual, especially given the time that has passed since the original praecipe.
3. Potential action - Filing a praecipe and rule to file:
- In Pennsylvania, you have the right to file a praecipe for rule to file complaint.
- This action would compel the plaintiff (your father's estranged wife) to file a complaint within 20 days or risk having the case dismissed.
4. Considerations:
- The long delay between the original praecipe and the reissued writ is notable.
- The fact that your father's will has gone through probate and his estranged wife signed a document agreeing to take no further action could be significant.
5. Recommendation:
- Given the complexity of this situation, it would be advisable to consult with a local attorney who specializes in probate or civil litigation.
- An attorney can review all relevant documents, including the will, probate documents, and the agreement signed by your father's estranged wife.
- They can advise you on the best course of action, which may include filing the praecipe and rule to file, or potentially other legal strategies.
6. Harassment concerns:
- If you believe this action constitutes harassment, document all interactions and communications.
- Your attorney can advise you on potential remedies if this is indeed harassment.
Remember, while filing a praecipe and rule to file could force the issue and potentially lead to a dismissal if no complaint is filed, it's crucial to understand all potential outcomes before proceeding. A local attorney can provide more tailored advice based on the specific details of your case and Pennsylvania law.
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