Legal Question in Civil Litigation in Pennsylvania
How do you oppose Preliminary objections in PA? Under 52 Pa. Code � 5.101. Preliminary objections (f) says I can file an opposition to the preliminary objections and says the form must be identical to the Preliminary objections ... however it doesn't say what it is called? Answer / Opposition to Praecipe for preliminary objections? It also mentions 10 days to file the answer. Any help here would be most appreciative. The lawsuit is a Public/Private nuisance where the defendants have already been found guilty twice in criminal court. However their disorderly conduct and harassment of my family continues, thus the lawsuit. Opposing attorney is trying to have lawsuit dismissed with prejudice because in my private nuisance and other claims I mention the defendants harassment and disorderly conduct. He claims there is no civil remedy for harassment in PA, but I am not claiming a cause for harassment but public and private nuisance and intentional infliction of emotional distress which harassment and disorderly were the means by which I suffered emotional distress and the grounds for the private nuisance. All help for the appropriate direction would be greatly appreciated. I only have 9 days to reply. Thank you.
2 Answers from Attorneys
You file an answer though it depends on what the are objecting to. You could just file an amended complaint. You have 20 days tp respond PO s That said if you do answer then they will be briefs to file and oral arguments to make. Time to get lawyer. Actually sounds like you needed a lawyer from the get go.
You say you suffered emotional distress. First was it the intentional infliction of emotional distress or were they negligent? Do you know what's required to prove emotional distress?
You have to decide it they are a public nuisance or a private nuisance generally it can't both.
{John}
If you are objecting to the form of the preliminary objection, then your pleading is called preliminary objection to defendant's preliminary objection. Your case sounds complicated. You should really talk to a lawyer.
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