231 Pa. Code Rule 1012. Entry of Appearance. Withdrawal of Appearance. Notice.

Rule 1012. Entry of Appearance. Withdrawal of Appearance. Notice.

(a)  A party may enter a written appearance which shall state an address at which pleadings and other legal papers may be served in the manner provided by Rule 440(a)(1) and a telephone number. The appearance may also include a telephone facsimile number as provided in Rule 440(d). Such appearance shall not constitute a waiver of the right to raise any defense including questions of jurisdiction or venue. Written notice of entry of an appearance shall be given forthwith to all parties.

   Official Note
   Entry of a written appearance is not mandatory.
   The address endorsed on the entry of appearance must be one where the paper may be handed to or mailed to the attorney. See Rule 440(a)(1).
   The inclusion of a telephone number for facsimile transmission constitutes an agreement to accept service of pleadings or other legal papers by that means. See Rule 440(d).
(b)(1)  Except as provided in paragraph (2), an attorney may not withdraw his or her appearance without leave of court.
   (2)  An attorney may withdraw his or her appearance without leave of court if another attorney (i) has previously entered or (ii) is simultaneously entering an appearance on behalf of the party, and the change of attorneys does not delay any stage of the litigation.
(c)  Leave of court to withdraw an appearance shall be sought by petition pursuant to subdivision (d) or subdivision (e) as may be applicable.

   Official Note
   Copies of the petition shall be served upon all other parties to the action pursuant to Rule 440.
(d)(1)  If the whereabouts of the party on whose behalf the appearance was entered are known, the attorney shall
     (i)   set forth the address of that party in the petition,
     (ii)   serve notice of the petition on the party in the manner provided by Rule 440,
     (iii)   file a certificate of service of the notice with the petition, and
     (iv)   immediately notify the party by ordinary mail of the entry of an order granting leave to withdraw. The notice shall include a copy of the order.
   (2)  Other parties may use the address of the party set forth in the petition for the purpose of further proceedings in the action.
(e)(1)  If the whereabouts of the party on whose behalf the appearance was entered are unknown, the attorney shall
     (i)   set forth the last known address of that party in the petition,
     (ii)   serve notice of the petition on the party by mail to the last known address set forth in the petition,
     (iii)   file a certificate of service of the notice with the petition. The certificate shall set forth with particularity the efforts made to locate the party and to effect service of the notice, and
     (iv)   shall immediately notify the party by ordinary mail to the last known address or by such other means as the court may direct of the entry of an order granting leave to withdraw. The notice shall include a copy of the order.
   (2)  Other parties may use the last known address of the party for the purpose of further proceedings in the action.
(f)(1)  The entry of appearance under subdivision (a) shall be substantially in the following form:
Caption
Praecipe for Entry of Appearance

To the Prothonotary:
Enter my appearance on behalf of
.      (Plaintiff/Defendant/Additional Defendant)
Papers may be served at the address set forth below.

       Attorney for Party Named Above and        Identification Number
       Firm
       Address
       City, State, Zip Code
       Telephone Number
       Fax Number for Service of Papers        (Optional)
Date:

              Signature
   (2)  A praecipe for withdrawal of appearance without leave of court pursuant to subdivision (b)(2)(i) shall be substantially in the following form:
Praecipe for Withdrawal of Appearance
Without Leave of Court
(Rule 1012(b)(2)(i))

To the Prothonotary:
Withdraw my appearance on behalf of
.      (Plaintiff/Defendant/Additional Defendant)

has entered his/her appearance for the aforementioned party.
I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief.
Date:

              Signature
   (3)  The substitution of counsel under subdivision (b)(2)(ii) shall be substantially in the following form:
Caption

Substitution of Counsel Without Leave of Court
(Rule 1012(b)(2)(ii))

Praecipe for Entry of Appearance

To the Prothonotary:
Enter my appearance on behalf of
.      (Plaintiff/Defendant/Additional Defendant)
I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief.
Papers may be served at the address set forth below.

       Attorney for Party Named Above and        Identification Number
       Firm
       Address
       City, State, Zip Code
       Telephone Number
       Fax Number for Service of Papers        (Optional)
Date:

              Signature
Praecipe for Withdrawal of Appearance

To the Prothonotary:
Withdraw my appearance on behalf of
.      (Plaintiff/Defendant/Additional Defendant)

Source

   The provisions of this Rule 1012 adopted June 25, 1946, effective January 1, 1947; amended through December 5, 1985, effective January 1, 1986, 15 Pa.B. 4491; amended April 29, 2003, effective September 1, 2003, 33 Pa.B. 2356. Immediately preceding text appears at serial page (253200).

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