Rule 1028(c) - Preliminary Objections(1)(A) All preliminary objections filed raising an issue or issues under Pa.RCP 1028(a)(1), (5) or (6) (i.e., objections that cannot be determined from facts of record) shall be endorsed with a notice to plead and shall have attached to the front thereof a proposed order substantially in the following form: (CAPTION)
ORDER
AND NOW, this ______ day of _______ , __________ , upon consideration of the within preliminary objections, it is hereby ordered as follows:
(1) the responding party shall file an answer to the preliminary objections within twenty (20) days of service upon the responding party.(2) a pre-disposition conference shall be held on ___________ , _____ , at__________________ m. in the undersigned Judge's Chambers of the ______________ County Courthouse, ______________ , Pennsylvania. (3) notice of the entry of this order shall be provided to all parties by the party filing the preliminary objections. BY THE COURT:
__________________________________ J.
(i) The court, in its discretion, at a time prior to the pre-disposition conference, may conduct a telephone conference call with counsel of record and any pro se parties regarding disposition of the pending preliminary objections. (B) At the conclusion of the pre-disposition conference, or after the telephone conference call provided for under subparagraph (1)(A)(i) above, the court shall issue an order providing for one or more of the following: (i) The filing of affidavits, depositions and the like.(ii) The scheduling of an evidentiary hearing.(iii) The listing of the case for argument court for disposition pursuant to L.R. 1028(c)(2)(E).(iv) Any other matters deemed appropriate for disposition of the preliminary objections.(2)(A) All preliminary objections filed raising an issue or issues solely under Pa.RCP 1028(a)(2), (3) or (4) (i.e., objections that may be determined from facts of record without further evidence) shall be accompanied by a brief in support of the objections and a praecipe for argument court in substantially the following form: PRAECIPE
IN THE COURT OF COMMON PLEAS OF THE 26TH JUDICIAL DISTRICT OF PENNSYLVANIA _________________ COUNTY BRANCH
No. _______
Type of Action: _____________
TO: ___________ , Prothonotary,
PLACE THE FOLLOWING CASE ON THE NEXT ARGUMENT LIST ______________ Plaintiff, ______________ Plaintiff's Attorney, Address & Telephone No.
Vs
______________ Defendant, ______________ Defendant's Attorney, Address & Telephone No.
By: ___________
Date: ___________
Attorney for: ___________
(B) If the preliminary objections are not accompanied by a brief and/or praecipe for argument court, the prothonotary shall time-stamp and docket the document and shall advise thefiling party that no action will be taken on the matter until there has been compliance with the requirements of L.R. 1028(c)(2)(A). (C) The Prothonotary shall deliver a copy of the preliminary objections, praecipe for argument court and the brief to the court administrator.(D) The party filing the preliminary objections shall serve a copy of the preliminary objections, praecipe for argument court and brief on the opposing counsel or pro se opposing party or parties within five (5) days of the filing date and shall file a certificate of service in the Prothonotary's office.(E) Any matters subject to disposition by brief and oral argument under these Local Rules shall be disposed of at argument court at which all counsel of record and pro se parties shall be present. The Judge to whom the case has been assigned shall compile a list of cases to be heard at argument court and shall provide notice to counsel of record and pro se parties setting forth the following: (i) The date, time and place of oral argument.(ii) If necessary, the date upon which the moving party's brief is due.(iii) If necessary, the date upon which the responding/opposing party's brief is due. At argument court, all parties shall be limited to fifteen minutes. The court, in its discretion, may grant a longer period of time for argument. If the responding/opposing party does not file a brief as required by these Local Rules, the court, in its discretion, may determine that said party concurs in the matter.
A party may file a written request to the court for an extension of time to file a brief or for a continuance of oral argument. The request shall be in the form of a motion with a proposed order and shall indicate the reasons for the requested extension or continuance and shall further state whether the opposing counsel or opposing pro se party or parties agree or object to said request.