Phil. Cnty. Pa. *1028(c)

As amended through December 18, 2021
Rule *1028(c) - Preliminary Objections
(1) All preliminary objections shall be filed with the Office of Judicial Records, as provided in Pa.R.C.P. 1028, together with:
(a) a Brief or Memorandum of Law, as set forth in Phila.Civ.R. *210;
(b) copies of all items necessary or relevant to the disposition of the preliminary objections. This shall include the complaint, answer, and reply to new matter. All such items shall be included or attached and marked as exhibits separately. The Court may decide preliminary objections against a party who fails to attach to the filing those items necessary to enable the Court to determine the preliminary objections; and
(c) a proposed order, which shall contain no reference to the attorney proposing same.
(2) As provided in Pa.R.C.P. No. 1028(c)(1), any party may file an amended pleading as of course within twenty (20) days after service of the preliminary objections. Upon the timely filing of an amended pleading, the preliminary objections shall be administratively marked "moot" on the docket of the case.
(3) An answer to preliminary objections is required (within twenty (20) days after service of the preliminary objections) only to preliminary objections raising an issue under Pa.R.C.P. 1028 (a)(1), (5), (6), (7) or (8), provided a notice to plead is attached to the preliminary objections. An answer need not be filed to preliminary objections raising an issue under Pa.R.C.P. 1028(a)(2), (3) and (4).
(4) An answer to preliminary objections, if filed, shall be filed together with:
(a) a Brief or Memorandum of Law, as set forth in Phila.Civ.R. *210;
(b) copies of all items necessary or relevant to the disposition of the preliminary objections. This shall include the complaint, answer, and reply to new matter. All such items shall be included or attached and marked as exhibits separately. The Court may decide preliminary objections against a party who fails to attach to the filing those items necessary to enable the Court to determine the preliminary objections; and
(c) a proposed order, which shall contain no reference to the attorney proposing same.

Phil. Cnty. Pa. *1028(c)

Rescinded and replaced May 20, 2004, effective 7/26/2004; amended November 15, 2007, effective 1/7/2008.