(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.
(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.
(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
Numbe
____________
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 Appearane
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)
Notes
The
provisions of this Rule 1012 adopted June 25, 1946, effective
1/1/1947; amended through
December 5, 1985, effective 1/1/1986, 15 Pa.B. 4491; amended April 29, 2003,
effective 9/1/2003, 33 Pa.B.
2356.
