Motion To Strike For Untimely Filing In Philadelphia

State:
Multi-State
County:
Philadelphia
Control #:
US-00002BG-I
Format:
Word; 
PDF; 
Rich Text
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Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff

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FAQ

If a supporting brief is not filed within ten days of the filing of the preliminary objections, the preliminary objections shall be deemed withdrawn upon praecipe of the respondent. In that event, the objecting party shall file an answer to the complaint within twenty days of the date the praecipe is filed.

A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record.

1023.4 - Sanctions. (1) A sanction imposed for violation of Rule 1023.1 shall be limited to that which is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated.

Rule 1028 - Preliminary Objections (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (1) lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue or improper form or service of a writ of summons or a complaint; ...

Pennsylvania defines a nuisance as "a class of wrongs that arise from the unreasonable, unwarrantable, or unlawful use by a person of his own property . . . to the right of another, or the public, producing such material annoyance, inconvenience, discomfort or hurt that the law will presume a consequential damage."1 ...

Rule 1028 - Preliminary Objections (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (1) lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue or improper form or service of a writ of summons or a complaint; ...

As with all motions, a motion to strike must state with particularity the grounds for seeking the order to strike, as well as the relief sought. FRCP 7(b); Smart Code®. Under FRCP 12(f), the court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

Motion to strike, dismiss or amplify. (a) A party deeming a pleading insufficient in form may file with the Commission a motion to strike. A party deeming a pleading insufficient in substance, or desiring to question the jurisdiction of the Commission, may file with the Commission a motion to dismiss.

A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record. During the pleading stage, this can be accomplished by a tool such as Rule 12(f) of the Federal Rules of Civil Procedure or a state equivalent.

Rule 12(b)(6) is a provision under the Federal Rules of Civil Procedure that allows a defendant to seek dismissal of a complaint for failure to state a claim upon which relief can be granted.

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Motion To Strike For Untimely Filing In Philadelphia