Pennsylvania Causes of Action With Forms (Includes book + digital download)
Bisel Publishing
5th Edition
Includes book + digital download (link provided at checkout)
AUTHORS: HENRY I. LANGSAM, ESQ. and DAVID E. ROMINE, ESQ.
1 Volume, Soft-cover, 700 pages with forms
Published: August, 2024 (5th Edition) (Previous Editions: 2011, 2012, 2015, 2019)
Most recent supplement/update: N/A
Library of Congress Control Number: 2011936312
ISBN: 978-0-9970199-1-9
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SUMMARY OF CONTENTS-35 CAUSES OF ACTION
-FORMS
-ANATOMY OF A CIVIL ACTION by Edward L. McCandless , Jr., Esquire. “Anatomy” is a realistic introduction to how a lawsuit works, introducing the reader to its many moving parts. There are samples, examples, and models of pleadings, motions and related documents that are discussed in the text to help one learn and understand each phase of litigation.__________________________
Every practitioner has potential clients come in with a factual history of a claim. The lawyer sits and listens and considers what causes of action and defenses might be available, and evaluates whether or not he or she can realistically provide representation. Having the causes of action and defenses at your fingertips is an efficient way to analyze the claim promptly by enabling you to instantly analyze the relevant factors. This 700-page manual is designed to save you time through a consistent and easy-to-follow six-point methodology for each type of case consideration, which is explained below.
35 IMPORTANT CAUSES OF ACTION WITH ANALYSIS AND AUTHORITYThe Fourth Edition presents 35 of the most common Causes of Action that attorneys deal with on a regular basis. All Causes have been updated and new Causes have been added* for the Third Edition. This publication lists, analyzes and provides extensive authority for each Cause using the framework of: 1. Definition; 2. Elements; 3. Explanation of Elements; 4. Damages or Remedies; 5. Defenses; and 6. Statutes of Limitations. Cross references to related Causes are also provided.
- Abuse of Process
- Adverse Possession
- Assault
- Battery
- Breach of Contract
- Civil Conspiracy
- Contractors’ and Subcontractors’ Payment Act (CASPA) *
- Conversion
- Defamation
- Ejectment
- Fair Credit Extension Uniformity Act
- False Imprisonment
- Fraud
- Insurance Bad Faith*
- Intentional Infliction of Emotional Distress*
- Intentional Interference With a Contractual Relationship
- Invasion of Privacy
- Malicious Prosecution
- Negligence
- Negligent Misrepresentation
- Piercing the Corporate Veil
- Premises Liability
- Private Nuisance
- Products Liability
- Promissory Estoppel
- Public Nuisance*
- Real Estate Seller Disclosure Law*
- Survival
- Trespass
- Unfair Trade Practices Act and Consumer Protection Law
- Unjust Enrichment/ Quantum Meruit
- Wiretapping and Electronic Surveillance Control Act
- Wrongful Death
- Wrongful Discharge: Violation of Public Policy
- Wrongful Use of Civil Proceedings
TABLE OF FORMS1. Complaint for Assault and Battery
2. Motor Vehicle Complaint—Negligence
3. First Set of Interrogatories—Instructions and Definitions
4. Request for Production of Documents—Instructions and Definitions
5. Deposition Preparation Checklist
6. Model Deposition Opener Questions
7. Settlement Forbearance Agreement
8. Model Settlement Agreement
9. Consumer Demand Letter—Statement of Account
10. Consumer Demand Letter—No Statement of Account
11. Business Collection Demand Letter
12. Business Collection Demand Letter—Second Notice
13. Model Requests for Production of Documents
14. Transfer of County Judgment to another County Court of Common Pleas
15. Interrogatories
16. Requests for Admissions
17. Checklist for Reinstating a Complaint
18. Checklist for Preparing 10-Day Notice of Intent to Take a Default Judgment Under Pa.R.C.P. Rule 237.1
19. A Complaint for Damages for Substandard Exterior Porch Work to a Residence
20. Complaint for Equitable and Legal Relief for Partnership Violations
21. Defendant’s Answer with New Matter and Cross-Claim
22. Complaint in Equity, Ejectment and Action to Quiet Title
23. Answer, New Matter and Crossclaim to a Personal Injury Complaint
24. Complaint for Collection of a Note and Mortgage
25. Complaint for Breach Of Contract For Provision Of Accounting, Auditing And Other Tax Services
26. Respondent’s Answer, New Matter and Counterclaim for the National Arbitration Forum for a Claim Arising From Dispute of a Credit Card Debt (Arbitration Format)
ANATOMY OF A CIVIL ACTIONPREAMBLE
THE CIVIL LAW
PART I: GLOSSARY
PART II: SUBSTANTIVE LAW VS. CIVIL PROCEDURAL LAW
PART III: WHAT GOES ON AT THE COURTHOUSE
PART IV: AN OVERVIEW OF HOW SOMEONE WHO WANTS A DISPUTE DECIDED BY A COURT GETS IT TO A RESOLUTION
PART V: PICKING WHICH COURT TO FILE IN, FEDERAL COURT OR ONE OF THE MANY COUNTY COURTS IN PENNSYLVANIA?
PART VI: GETTING THE SUIT STARTED
PART VII: SERVICE OF PROCESS
PART VIII: WHAT THE DEFENDANT DOES AFTER HE IS SERVED
PART IX: WHAT HAPPENS ONCE THE COMPLAINT IS FILED, EVERYONE HAS AN ATTORNEY AND THE ANSWERS ARE FILED?
PART X: THE DIFFERENT FORMS OF PRE-TRIAL DISCOVERY
PART XI: DISCOVERY PRACTICE, ABUSES, LIMITATIONS AND ENFORCEMENT
PART XII: GETTING SOMEONE TO COOPERATE WITH YOUR DISCOVERY EFFORTS WHEN THINGS AREN’T BEING DELIVERED OR RESPONDED TO
PART XIII: GETTING TO TRIAL AND THE LAST EXCHANGE OF PAPERWORK BEFORE TRIAL
PART XIV: ACTIVITIES AND DOCUMENT PREPARATION SHORTLY BEFORE THE COMMENCEMENT OF TRIAL AND DURING TRIAL AND ARBITRATION
PART XV: THE ROLE OF INSURANCE IN CIVIL LAWSUITS
PART XVI: UNINSURED AND UNDERINSURED MOTORISTS COVERAGE
PART XVII: LIMITATIONS OF ACTIONS
PART XVIII: SOURCES OF THE LAW
FORMS APPENDIX TO ANATOMY OF A CIVIL ACTION
1. PRAECIPE TO ISSUE WRIT
2. COMPLAINT
3. DEFENDANT’S ANSWER WITH NEW MATTER
4. AFFIDAVIT OF RETURN TO SERVICE PURSUANT TO PA.R.C.P. 400.1 AND 400.5
5. CASE MANAGEMENT ORDER: EXPEDITED TRACK
6. NOTICE OF DEPOSITION
7. AUTOMOBILE INTERROGATORIES ADDRESSED TO PLAINTIFF
8. PLAINTIFF’S ANSWERS TO DEFENDANT’S AUTOMOBILE INTERROGATORIES
9. INTERROGATORIES DIRECTED TO THE DEFENDANT
10. REQUEST FOR PRODUCTION OF DOCUMENTS
11. DEFENDANT[NAME OF DEFENDANT]’S ANSWERS TO PLAINTIFF’S INTERROGATORIES
12. DEFENDANT[NAME OF DEFENDANT]’S ANSWERS TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS
13. PRETRIAL ORDER