Preliminary Objections and the 10-day notice

[bcubed]

What is the name of your state (only U.S. law)? Pennsylvania.

Hello, I am pursuing a med-mal case against a physician in arbitration court.

I filed the instant complaint on 5/14/2010; I filed the certificate of merit on 6/17/2010. The complaint did contain a "notice to defend."

On 7/2/10, defendants' counsel moved to "dismiss frivolous litigation pursuant to PA RCP [rule]233.1." This motion was dismissed on 7/17/2010.

On 7/28/2010, I mailed a "10-day notice" to defendants' counsel via certified mail; it was signed for on 7/29/2010.

On 8/2/2010, preliminary objections were filed. The hearing on these was heard on 8/27/2010.

My question: in the event of a favorable ruling, what is the deadline before I can file a "Judgment in Default?" The preliminary objections were filed on "day 4" of the 10-day notice. Assuming the P.O. "stops the clock," when does it "start up" again?

Thanks in advance for your help!

 

[barry1817]

suit

What is the name of your state (only U.S. law)? Pennsylvania.

Hello, I am pursuing a med-mal case against a physician in arbitration court.

I filed the instant complaint on 5/14/2010; I filed the certificate of merit on 6/17/2010. The complaint did contain a "notice to defend."

On 7/2/10, defendants' counsel moved to "dismiss frivolous litigation pursuant to PA RCP [rule]233.1." This motion was dismissed on 7/17/2010.

On 7/28/2010, I mailed a "10-day notice" to defendants' counsel via certified mail; it was signed for on 7/29/2010.

On 8/2/2010, preliminary objections were filed. The hearing on these was heard on 8/27/2010.

My question: in the event of a favorable ruling, what is the deadline before I can file a "Judgment in Default?" The preliminary objections were filed on "day 4" of the 10-day notice. Assuming the P.O. "stops the clock," when does it "start up" again?

Thanks in advance for your help!

You want a lawyer in your state that handles such cases to give you the definitive answer to your question. This sounds like a deadline that I would not be happy with an answer that was not from a lawyer fluent with this issue and the statutes in your state.

 

[ecmst12]

A malpractice suit is NOT a do-it-yourself project. You really need a lawyer.

 

[JessiesGirl30]

Actually, this looks like homework. If it is, do your own homework. If this is a bonafide case, you'd be better off with a lawyer. Period.

Good luck.

ETA: If you don't have a lawyer, why? Is it because you didn't want to pay for one? If you had a good medmal case, they should take the case on contingency. If you don't, they usually ask for money upfront.

 

[bcubed]

ETA: If you don't have a lawyer, why? Is it because you didn't want to pay for one? If you had a good medmal case, they should take the case on contingency.

Because I filed this case in arbitration court when I decided to take this on pro-se. This limits me to $25K in damages (absent punitive damages).

Thus, when an attorney looks at the "heavy lifting" required, vs. the size of the "reward," it becomes "not worth the time and effort" on a contingency basis.

I guess what I was asking was an interpretation of PA RCP [rule]1028(d), which states:

(d) If the preliminary objections are overruled, the objecting party shall have the right to plead over within twenty days after notice of the order or within such other time as the court shall fix.

Does "plead over within 20 days" mean that they have an additional 20 days to come up with a answer to the original complaint? Or does that merely reference an additional 20 days to file new preliminary objections? Or something else entirely?

 

[ecmst12]

Oh, it's THIS guy.

Posting history is required reading.

Good luck crashing and burning in court.

 

[bcubed]

Oh, it's THIS guy.

I'm sorry that you seem to have developed some sort of personal antipathy towards me for whatever reason.

To the extent that (a) this thread contains a bone-fide legal question, and (b) this forum exists for the purpose of asking and answering bone-fide legal questions, what's the problem?

I've been a member and mod of fora before, and ALL valid questions were dealt with, with an absense of (personal) prejudice...for the robustness of the forum, if for no other reason.

I'm waiting (in vain?) for you to transcend your personal prejudices...

 

[ecmst12]

Honestly, I don't know the answer. If someone does, they may or may not help you. But even if you get your answer, you're still going to get destroyed in court, and people have been trying to tell you this from your first post. But you insist on proceeding anyway. Hence, I think you're nuts.