Rule 304. Form of Complaint.
A. The complaint shall be made in writing on a form prescribed by the State Court Administrator.
B. The complaint shall set forth:
(1) The names and addresses of the parties.
(2) The amount claimed.
(3) A brief and concise statement of the facts upon which the claim is based including:
(a) the date, time and place of the occurrence and a brief description of the damages sustained when the claim alleges tortious conduct; or
(b) the date of the transaction and a brief description of the subject matter when the claim is contractual;
(c) the date and description of the occurrence when the claim is for a civil fine or penalty and the citation to the statute authorizing the claim.
(4) Such other information as shall be required on the complaint form.
C. The complaint shall be signed by the plaintiff or plaintiff’s agent and verified as follows:
The facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
SignatureD. For every individual defendant, the plaintiff or plaintiff’s agent shall attach an affidavit to the complaint indicating that the defendant is in the military service, that the defendant is not in the service, or that the plaintiff is unable to determine whether or not the defendant is in the service.
Official Note
Rule 304 is designed to promote uniformity, simplification of procedure, and better access by the public to the judicial services of magisterial district judges. The use of a form will help to accomplish this purpose and will also provide easier statistical and other administrative control by the Supreme Court. The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. See Rule 217.
A civil action that alleges tortious conduct was formerly called an action in trespass. A civil action in which the claim is contractual was formerly called an action in assumpsit.
Subdivision D requires the plaintiff to affirm if the defendant is or is not in the military service, or if the defendant’s military service status is unknown. This information is required to ensure that an eligible defendant receives the protections afforded by the Servicemembers Civil Relief Act, 50 U.S.C. § § 3901 et seq. The affidavit shall be made in writing on a form prescribed by the State Court Administrator.
Source The provisions of the Rule 304 amended December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875; amended September 18, 1990, effective immediately, 20 Pa.B. 5042; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3581; amended April 17, 2020, effective September 1, 2020, 50 Pa.B. 2252. Immediately preceding text appears at serial pages (309522) and (392785).
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