chelseagirl Posted March 18, 2007 Report Share Posted March 18, 2007 How do you write an "Order of Dismissal Granted" for the judge to sign. Reading some the posts, someone stated they filed a "Motion to Dismiss" and also had a written "Order of Dismissal Granted" and all the judge had to do is sign. Thanks, any info is greatly appreciated!!! Link to comment Share on other sites More sharing options...
wm58 Posted March 18, 2007 Report Share Posted March 18, 2007 IN THE COUNTY COURT IN your county AND state FOR Case No: Division: either civil or small claimsPlaintiff vs Defendant________________________________________________________________ FINAL ORDER Motion to Dissmiss-DEFENDANT Defendant, your name, pro se having moved the court for a motion to dissmiss with prejudice, and it appearing to the court that there is no genuine issue as to any material fact and that the defendant is entitled to a judgment as a matter of it is: ORDERED AND ADJUDGED, that motion to dismiss is granted hereby in favor of defendant against plaintiff, and the complaint is dismissed with prejudice hereby, with costs to the defendant in the sum of $______________. This the___________day of_____________, 2007.Judge Copies to: your name and addressAttorneys for the Plaintiff their name and addressThis is one I used change to fit your situation Link to comment Share on other sites More sharing options...
IHateCAs Posted March 18, 2007 Report Share Posted March 18, 2007 You have to have a reason for a dismissal. Link to comment Share on other sites More sharing options...
chelseagirl Posted March 18, 2007 Author Report Share Posted March 18, 2007 (This is the Motion to Dismiss I am going to file. But I also want to have a "Motion to Dismissal Granted") Is it OK?????? MEMORANDUM OF POINTS AND AUTHORITIES Comes now the Defendant, XXXXXXXX and files this Request for Dismissal of Complaint, as follows: 1. The Causes of Action specified in the complaint filed by the Plaintiff is insufficient and fails to state facts sufficient to constitute a cause of action against Defendant for which relief can be granted. The complaint does not set forth the True facts upon which Plaintiff seeks a summary judgment. The complaint should be dismissed. 2. Defendant received the Plaintiff's Complaint on or about March 5, 2007. Defendant answered the complaint on or about March 13, 2007. 3. The Plaintiff has failed to provide any contract or agreement bearing the signature of the Defendant, nor any itemized statements or billing of said debts. 4. Plaintiff has failed to provide a detailed list of the debts to the Defendant.WHEREFORE, Defendant, XXXXXXXXXXXX, respectfully submits that the Court should dismiss and deny the Plaintiff's complaint, filed herein XXXXXXXXXX and prays for Dismissal of the complaint by the Plaintiff. Defendant's Request submitted this ___________ day, of __________ 20__ ______________________________ Link to comment Share on other sites More sharing options...
IHateCAs Posted March 19, 2007 Report Share Posted March 19, 2007 You can't file a motion to dismiss in response to summary judgment. Link to comment Share on other sites More sharing options...
chelseagirl Posted March 19, 2007 Author Report Share Posted March 19, 2007 It is not a summary judgement. It is a "Complaint in Civil Action." I already sent my "Notice of Appearance" and "Answers and Defenses." (which I only had 20 days) Am I off base with the Motion to Dismiss?????? Please help!!!! I thought a motion to dismiss might work to get out of going to court. I have been reading and reading but I guess just not enough! When can you use the "Moton to Dismiss?" Link to comment Share on other sites More sharing options...
chelseagirl Posted March 19, 2007 Author Report Share Posted March 19, 2007 I really need some help here!!!! PLEASE!!!! Anybody with any experience with this issue, A BIG THANK-YOU!!!! Link to comment Share on other sites More sharing options...
divemedic Posted March 19, 2007 Report Share Posted March 19, 2007 1. The Causes of Action specified in the complaint filed by the Plaintiff is insufficient and fails to state facts sufficient to constitute a cause of action against Defendant for which relief can be granted. The complaint does not set forth the True facts upon which Plaintiff seeks a summary judgment. The complaint should be dismissed. Are you responding to a request for summary? Link to comment Share on other sites More sharing options...
wm58 Posted March 19, 2007 Report Share Posted March 19, 2007 My understanding, in my state according to the RCP, you need to file your MTD before you file your answers, and even if you filed this-it does not get you out of going to court. Have you read your RCP's for your area? Link to comment Share on other sites More sharing options...
IHateCAs Posted March 19, 2007 Report Share Posted March 19, 2007 You have to have a reason for a MTD. But you have already answered the complaint, so the time to dismiss may be passed anyway.You MAY want to post your answer and amend them as necessary. Link to comment Share on other sites More sharing options...
chelseagirl Posted March 19, 2007 Author Report Share Posted March 19, 2007 Ok.... I was confused. I got a "Complaint in Civil Action".(credit card debt Capital One). I followed the rules to the "Notice of Appearance" and Answers and Defenses" and sent them to the CA by cmrrr. I am filing in court the same documents, Wednesday which is in the 20 days allowed. What can I expect now????? Thanks Link to comment Share on other sites More sharing options...
chelseagirl Posted March 19, 2007 Author Report Share Posted March 19, 2007 OK... I received a "Complaint in Civil Action" delivered by sheriff. (sued by Capital One by a CA). Have 20 days to file "Notice of Appearance" and "Answers and Defenses" (denied all except my address). I have sent the prior 2 documents to the CA by cmrrr. I just received the reciept that the CA received the paperwork. Now I am going to file the 2 documents in court on Wednesday.(within the 20 days) Thats why I need to know if I can file a Motion to Dismiss the same day I file the other 2 documents???????? Does anyone know if this is legit??? Am I only allowed to file the 2 documents listed above and NOT the MTD???? When are you allowed to file a MTD??? Is this not required for my case????? Link to comment Share on other sites More sharing options...
wm58 Posted March 20, 2007 Report Share Posted March 20, 2007 http://www.courts.state.pa.us/judicial-council/local-rules/try this link Link to comment Share on other sites More sharing options...
chelseagirl Posted March 20, 2007 Author Report Share Posted March 20, 2007 Thanks..... this really helps!!!!! Link to comment Share on other sites More sharing options...
chelseagirl Posted March 20, 2007 Author Report Share Posted March 20, 2007 I am off to the courthouse tomorrow to file my Answers and Defenses. ( I already sent them to the CA) What can I expect now?????? Will I get more paperwork????? Will a hearing be set???? Will the CA dismiss??? How long must I wait before I know whats going on???? I am a little bit anxious. Thanks Link to comment Share on other sites More sharing options...
chelseagirl Posted March 20, 2007 Author Report Share Posted March 20, 2007 I am off to the courthouse tomorrow to file my Answers and Defenses. ( I already sent them to the CA) What can I expect now?????? Will I get more paperwork????? Will a hearing be set???? Will the CA dismiss??? How long must I wait before I know whats going on???? I am a little bit anxious. ThanksPlease help!!!! Link to comment Share on other sites More sharing options...
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