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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter B. PLEADINGS


Rule


899.201.    Statement of claim.
899.202.    Copies of written contracts.
899.203.    Oral contracts.
899.204.    Response to claim.
899.205.    Preliminary objections.
899.206.    Amendment of pleadings.

Rule 899.201. Statement of claim.

 (a)  A plaintiff shall prepare a concise and specific written statement of the claim, signed and verified by the plaintiff. The caption of the claim shall contain the full names of all parties to the claim. Each claim shall contain the name, address, telephone number and Supreme Court Identification Number of counsel for the plaintiff.

 (b)  The plaintiff shall file an original and three copies of the claim with the Board, accompanied by a $50 check made payable to the Commonwealth of Pennsylvania.

 (c)  The Board will deliver to the Attorney General a copy of the claims, counterclaims or cross-claims made against the Commonwealth, and any amendments thereto.

Authority

   The provisions of this Rule 899.201 amended under the Commonwealth Procurement Code, 62 Pa.C.S. §  1722(6); and sections 504(a) and 1307 of the Right-to-Know Law (65 P. S. § §  67.504(a) and 67.1307).

Source

   The provisions of this Rule 899.201 amended May 11, 2001, effective June 11, 2001, 31 Pa.B. 2474; amended May 15, 2015, effective May 16, 2015, 45 Pa.B. 2359. Immediately preceding text appears at serial page (279298).

Rule 899.202. Copies of written contracts.

 When the contract on which the claim is based is in writing, in whole, or in part, the plaintiff shall attach copies of the contract or relevant portions of the contract as an exhibit to all copies of the claim, unless one of the following exists:

   (1)  The plaintiff avers in the claim that all copies of the contract are in the possession of the defendant.

   (2)  The Chief Administrative Judge directs that the contract or relevant portions not be attached.

Rule 899.203. Oral contracts.

 When the contract on which the claim is based is oral, in whole or in part, the plaintiff shall plead the terms and details of the contract with particularity, and shall identify all agents who are alleged to have contracted on behalf of the defendant.

Rule 899.204. Response to claim.

 Within 30 days of service of the claim, the defendant shall file an original and two copies of its answer or other response with the Board. The answer, or other response, shall contain the name, address, telephone number and Supreme Court Identification Number of counsel for the defendant. The defendant or its counsel shall sign and verify the answer or other response.

Rule 899.205. Preliminary objections.

 (a)  Preliminary objections shall be filed with the Board and served upon the adverse parties or their counsel. Preliminary objections shall be accompanied by a supporting brief. Failure to file a brief may result in automatic dismissal of the preliminary objections.

 (b)  Within 30 days after service of the preliminary objections, the adverse parties or their counsel shall file a response and a responsive brief with the Board and serve it upon the opposing parties or counsel.

Rule 899.206. Amendment of pleadings.

 (a)  Form of amended pleading. An amended pleading, whether filed under Pa.R.C.P., by the agreement of the parties or by leave of the Board, shall be entirely restated and comply with the form of the original pleading, except an amendment allowed in the course of a hearing.

 (b)  Allowance by Board.

   (1)  If the amended pleading requires leave of the Board before a hearing, the party seeking the amendment shall give 5 days’ notice to all parties of the intended application, enclosing a copy of the proposed amended pleading. The Board may allow the amendment or order the issue for argument.

   (2)  If the request for an amendment to a pleading is made at the hearing, the Board will dispose of the request at its discretion. If a continuance is granted by the Board, the party in whose favor the amendment is allowed shall file the amended pleading within 20 days after allowance by the Board, unless otherwise ordered.


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