Legal Question in Civil Litigation in Pennsylvania

I was made co-defendent in a case by Judge, but was never served papers on the c

Legal Situation/Problem -- A civil-court Judge in Philadelphia approved a motion to involuntarily joinder me (make me a co-defendant) in a �Wrongful Use of Civil Process� case, two years after this case started. I was not involved in this case as a litigant for two years. Also, I was never duly served with any legal papers for this joinder motion.

MOST IMPORTANT QUESTION I NEED AN ANSWER TO � WHAT IS THE FIRST STEP RESPONSE I SHOULD DO NOW ? Do I:

1 -- File preliminary objections that I wasn't served the court papers and request that I get a copy of all the papers filed and 120 days to study them and file formal objections, let the original defendant in the case answer me, then file another set of papers with more specific objections, etc.?

OR

-- File all the objections in one legal Petition , including arguing that I wasn't served the papers, and also specific objections on why I should not be joindered to the case?

OR

-- Write a petition to the Judicial Review Board asking for another Judge, since I was not served and either the Judge did not ask for proof that I was served, or the original defendant in the case did not give an accurate proof that I was served?

OR

Do I write another procedure?


Asked on 5/20/05, 12:50 pm

2 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: I was made co-defendent in a case by Judge, but was never served papers on t

The first thing is to consider hiring an attorney. Wrongfull process cases can have attorney's fees awarded and they can be substatial. Second. Prleiminary Objection must be filed within 20 days of service of the complaint. You can raise improper service if applicable then. I offer free consultations.

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Answered on 5/20/05, 2:10 pm

Re: I was made co-defendent in a case by Judge, but was never served papers on t

You have a complex situation that cannot adequately be addressed on a BBS. In general, however, improper service can be the basis of Preliminary Objections under Pa. R.C.P. 1028(a)(1). It is not clear whether you have a problem with service of the motion to join you or service of the Summons or Defendant's Complaint itself. If there is a statute of limitations issue, that is raised by New Matter in an Answer to Complaint.

Feel free to contact me if you want to schedule an appointment.

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Answered on 5/20/05, 2:29 pm


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