How do I answer a preliminary objection in regard to rule of law?? Here's an excerpt of their objections:
A. Preliminary Objection: Motion To Strike
The Complaint For Failure To Comply With P.A. R.C.P. 1024
8. Pa R.C.P. 1028(a)(2) permits a Defendant to move to strike a pleading because of lack of conformity to law or rule of court.
9. Pa R.C.P. 1024 requires that pleading containing averments of fact not appearing of record in the action shall state that the averment is true upon the signer's personal knowledge or information and belief and shall be verified.
10. The Complaint that was filed with the court does not contain a verification statement complying with Pa R.C.P. 1024, and as such, the complaint should be stricken.
B. Preliminary Objection: Motion to Strike Claim for Punitive and Consequential Damages
11. Pa R.C.P 1028(a)(2) permits the Defendants to move to strike a pleading because of lack of conformity to law or rule of court.
12. Pa R.C.P. 1019(a) requires material facts to be pleaded in support of a cause of action. The facts are to be set forth concisely and in summary form.
13. The Plaintiff's complaint does not include sufficient allegations of conduct sufficient to make a claim for punitive damages
and as such, Plaintiff's claim in this regard should be stricken from the Complaint.
Wherefore, Defendants request to strike, etc.
Now as far as I knew, my complaint was in the proper format. I started with the Factual Background explaining the events, and then I added the Counts...Assault, then referred to the particular sections of the complaint regarding that, then Battery, once again referred to the sections regarding that, and then Trespass to Land, and referred to the specific sections regarding that. After that I finalized the complaint with:
WHEREFORE, Plaintiff demands judgment against Defendant(s), as follows:
1. General damages including pain and suffering in the amount of $250,000 or an amount to be determined at trial;
2. Medical and related expenses in the amount of $75,000 or an amount to be determined at trial];
3. Punitive and Consequential Damages;
4. Costs of this Action, Including Attorney & Legal Fees;
6. Any other and further relief that the court considers proper.
Is there something wrong with that?? I looked up "punitive damages" online, and I now understand what they are. In consideration of #13, I take it I am not allowed to ask for punitive and consequential damages, and that's why they're objecting?
In regard to both of these Objections, I take it I am going to have to file a Motion for Leave to File an Amended Complaint, remove Line 3 regarding punitive and consequential damages, and be sure to add the verification statement this time around with the amended complaint. Would that be the best course of action??
Now this is important: If you believe I should file a Motion for Leave to File an Amended Complaint, should I then answer these particular objections as being "Admitted; however Plaintiff has filed a Motion for Leave to File an Amended Complaint in order to conform with rule of law." ?? It seems like if I "Admit" to all those lines, it might give them the opportunity to dismiss my complaint. So what's the best way to answer those rules???
Last question: Once I file the Motion, do I have to wait for an approval before I can file the amended complaint, or should I just file it immediately. It's not a big deal removing one line and adding the verification statement, you know??
Thanks a WHOLE BUNCH for your help. As of Tuesday I have 9 days to answer these, so I want to get them done and out of my hair.