Rule 52-1028(c) - Preliminary Objections(A) Preliminary Objections must be filed in accordance with 52-205.2(B) All Preliminary Objections must be accompanied by a Brief In Support Thereof unless factual issues are raised, in which case procedures set forth in (D) shall be followed. Failure by a party to file a brief may result in dismissal of the Preliminary Objections.(C) Within twenty (20) days following service of the Preliminary Objections, the adverse parties or their counsel shall file an amended pleading or a responsive brief with the Prothonotary.(D) The following rules shall apply to Preliminary Objections raising factual issues: (1) All Preliminary Objections raising factual issues and any answers thereto must be verified by an individual having knowledge as to the facts set forth therein.(2) All Preliminary Objections containing factual averments must be accompanied with a Notice to Plead pursuant to Pa.R.C.P. 1361.(3) Within thirty (30) days following the filing of an answer that raises a factual dispute, the party filing the Preliminary Objection may supplement the record with necessary affidavits or depositions, or praecipe the Court for a hearing pursuant to 52-205.5. If an extension of this time is needed, it must be sought by Motion to the Court.(4) Within fourteen (14) days following the establishment of a record by way of affidavit, deposition or hearing, the moving party shall file a brief. The opposing party shall file a brief within fourteen (14) days thereafter.(5) All documents and briefs set forth within the Rule are to be filed in accordance with 52-205.2 and are to be served in accordance with 52-205.6.(6) Within seven (7) days following the filing of the last brief, the party filing the Preliminary Objections shall praecipe those objections to the Court for disposition pursuant to 52-205.5.Leb. Cnty. Pa. 52-1028(c)
Amended effective 7/26/2004.