The Pleadings: How a Lawsuit Starts (and How It Can End Early)

Before discovery even begins, there's a critical phase that most people don't think about: the pleadings. These are the documents that frame the entire case — and mistakes here can be fatal.

The Complaint

A lawsuit begins when the plaintiff files a complaint with the Prothonotary (the county court clerk). The complaint must:

• Identify the parties (plaintiff and defendant)
• State the facts that give rise to the claim — in numbered paragraphs
• State the legal theories (breach of contract, negligence, fraud, etc.)
• State the relief sought (money damages, injunction, etc.)
• Include a Notice to Defend (Pa.R.C.P. 1018.1) — a required notice in specific language telling the defendant they must respond or risk default
• Include a Verification — a sworn statement that the facts in the complaint are true and correct

In Bucks County, the complaint is served on the defendant by the Sheriff's office or by a competent adult (Pa.R.C.P. 400 et seq.).

The Answer (and New Matter)

The defendant has 20 days after service to file a response (30 days if served outside the county). The answer responds to each numbered paragraph of the complaint — admitting, denying, or stating that the defendant lacks sufficient information to admit or deny. Anything not specifically denied may be deemed admitted.

The defendant can also raise New Matter — affirmative defenses that, even if everything the plaintiff says is true, provide a legal reason the defendant shouldn't be liable. Common affirmative defenses include:

• Statute of limitations: The plaintiff waited too long to sue
• Comparative negligence: The plaintiff was partly at fault
• Accord and satisfaction: The matter was already settled
• Waiver or estoppel: The plaintiff gave up the right to sue through their own conduct
• Failure to mitigate damages: The plaintiff didn't take reasonable steps to reduce their losses

The plaintiff then has 20 days to reply to the New Matter.

Counterclaims & Cross-Claims

A defendant who has their own claim against the plaintiff files a counterclaim — essentially a lawsuit-within-a-lawsuit. If there are multiple defendants and one has a claim against another, that's a cross-claim. And if the defendant believes another party (not already in the case) is responsible, they can file a joinder complaint bringing that party in as an additional defendant.

Preliminary Objections (Pa.R.C.P. 1028) — Pennsylvania's Version of a Motion to Dismiss

If you've ever heard of a "motion to dismiss" — that's essentially what preliminary objections are in Pennsylvania. Other states and federal court call it a motion to dismiss. Pennsylvania calls it preliminary objections. Different name, same idea: the defendant is asking the court to throw out the case (or part of it) before they even have to file an answer.

The defendant files preliminary objections instead of an answer, within the same 20-day window. The argument is that even taking everything in the complaint at face value — assuming every fact the plaintiff alleged is true — the case still fails as a matter of law. No discovery happens. No witnesses testify. The judge reads the complaint, reads the legal arguments, and decides.

Here are the most common types, in plain terms:

• Demurrer ("So what?"): This is the big one. The defendant is saying: "Even if everything you claim is true, you still don't have a valid legal case." For example, if someone sues you for breach of contract but never actually alleges that a contract existed — a demurrer knocks that out. If the judge agrees, the claim is dismissed. The plaintiff may get one chance to fix the complaint and refile — but if the problem can't be fixed, the case is over before it starts.
• Lack of specificity ("What are you even talking about?"): The complaint is so vague that the defendant can't meaningfully respond. The court will typically give the plaintiff a chance to amend with more detail rather than dismiss outright.
• Wrong court or wrong county ("You sued me in the wrong place"): The case was filed in a county that doesn't have jurisdiction, or the type of court is wrong. The fix is usually a transfer to the correct court rather than dismissal.
• Improper service ("I wasn't properly notified"): The complaint wasn't delivered in the way the rules require — wrong person, wrong method, wrong address. This is procedural, but it matters.
• Legal insufficiency ("That's not a real cause of action"): Similar to a demurrer, but broader — the plaintiff is asserting a legal theory that Pennsylvania law simply doesn't recognize.
• Prior pending action or res judicata ("This was already decided"): The same dispute was already litigated, or another case involving the same issues is already pending.

Default Judgment — The Worst-Case Scenario

If a defendant is properly served with a complaint and fails to respond within 20 days, the plaintiff can request a default judgment. This means the court enters judgment against the defendant without a hearing — the plaintiff wins by forfeit. Default judgments can be opened (set aside) under Pa.R.C.P. 237.3, but only if the defendant acts quickly and can show a meritorious defense and a reasonable excuse for the delay. If you've been served with a complaint, do not ignore it.