Legal Question in Civil Litigation in Pennsylvania

Civil Procedure Errors to cite to ask to dismiss case

I'm involved in a civil litigation case in Philadelphia. I currently don't have a lawyer. The case had been going on for a year already before I was served these papers to be made co-defendant in case.

When the defendant's attorney in the case served me papers, first sent papers to the wrong address.When right address, served me two months later. did NOT include any of the prior papers filed in case that are req. to be served alg w/complaint.

How I ask the judge to dismiss me frm the case since I was not served properly, the Complaint papers are still not complete, and the papers were served late?also served more than sixty day joinder requirement(more than a yr. later).What initial court form(s) file with the court to ask the judge to dismiss case-- an Injunction, Protection Order, a request for Summary Judgment,Extraordinary Relief, prelim. objectns?I have to file a response in 20 days. In your same court filing to ask to dismiss case altogther, would you also ask for a 180-day extension of time to look at all the papers previously filed in the case in the last year? Or would you file for this extension of time on a separate form, and what court form would you use? Thanks.


Asked on 6/13/05, 2:18 pm

1 Answer from Attorneys

Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: Civil Procedure Errors to cite to ask to dismiss case

It's impossible to answer all your questions without reviewing the documents. You should consult with an experienced attorney. It may be appropriate to ask the court to dismiss you as a defendant due to the late joinder. You can contact my office. I'll be glad to review this with you.

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Answered on 6/14/05, 10:04 am


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