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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
