PENNSYLVANIA STATE COURT

MOTION TO DISMISS (PRELIMINARY OBJECTIONS IN THE NATURE OF A DEMURRER) – TEMPLATE

[// GUIDANCE: This template is drafted for use in the Court of Common Pleas of any Pennsylvania county and is intended to challenge the legal sufficiency of the opposing party’s pleading under Pa.R.C.P. No. 1028(a)(4). Adapt the caption, factual allegations, argument subsections, local-rule references, and scheduling details to the specific county and matter.]

TABLE OF CONTENTS

1. Caption
2. Notice to Plead
3. Motion
   3.1 Preliminary Statement
   3.2 Relevant Procedural History
   3.3 Statement of Material Allegations (Accepted as True for Purposes of the Motion)
   3.4 Standard of Review
   3.5 Argument
   3.5.1 Count I Fails to State a Claim
   3.5.2 [Additional Grounds, e.g., Statute of Limitations]
   3.6 Request for Oral Argument
   3.7 Reservation of Rights
4. Prayer for Relief
5. Certification Pursuant to Pa.R.C.P. 208.2(d)
6. Proposed Order (Exhibit “A”)
7. Verification (optional)
8. Certificate of Service

1. CAPTION

IN THE COURT OF COMMON PLEAS OF [COUNTY] COUNTY, PENNSYLVANIA
CIVIL DIVISION

[PLAINTIFF NAME], :
Plaintiff, :
:
v. : No. [DOCKET NUMBER]
:
[DEFENDANT NAME], :
Defendant. :

MOTION OF DEFENDANT [DEFENDANT NAME] TO DISMISS PLAINTIFF’S COMPLAINT
PURSUANT TO Pa.R.C.P. No. 1028(a)(4)

2. NOTICE TO PLEAD

TO: [PLAINTIFF NAME] AND/OR PLAINTIFF’S COUNSEL

YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED MOTION WITHIN TWENTY (20) DAYS AFTER SERVICE HEREOF OR
THE COURT MAY GRANT THE REQUESTED RELIEF WITHOUT FURTHER NOTICE.

IF YOU WISH TO DEFEND AGAINST THIS MOTION, YOU MUST FILE A WRITTEN
RESPONSE IN ACCORDANCE WITH THE PENNSYLVANIA RULES OF CIVIL
PROCEDURE AND THE LOCAL RULES OF THIS COURT. YOU SHOULD TAKE THIS
PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
[Insert county-specific bar association lawyer-referral contact information.]

3. MOTION

3.1 Preliminary Statement

Defendant, [DEFENDANT NAME] (“Defendant”), by and through undersigned counsel, respectfully moves this Honorable Court, pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(4), to dismiss the Complaint filed by [PLAINTIFF NAME] (“Plaintiff”) for failure to state a claim upon which relief can be granted. In support thereof, Defendant states as follows:

3.2 Relevant Procedural History

1. On [DATE], Plaintiff commenced this action by filing a [COMPLAINT/WRIT], alleging [brief synopsis].
2. Service was effectuated on Defendant on [DATE].
3. Pursuant to Pa.R.C.P. 1026, Defendant’s responsive pleading is due on [DATE].
4. These Preliminary Objections are timely filed.

3.3 Statement of Material Allegations (Accepted as True)

Solely for purposes of this Motion, Defendant accepts as true the well-pleaded factual allegations of the Complaint and summarizes them as follows:

a. [ALLEGATION SUMMARY #1]
b. [ALLEGATION SUMMARY #2]
c. [Etc.]

3.4 Standard of Review

Under Pa.R.C.P. No. 1028(a)(4), a demurrer tests the legal sufficiency of a pleading. All well-pleaded, material facts are accepted as true, but the Court need not accept mere conclusions of law, unwarranted inferences, or argumentative allegations. A complaint will be dismissed where it is clear and free from doubt that the plaintiff cannot prove facts legally sufficient to establish a right to relief.

3.5 Argument

3.5.1 Count I – Failure to State a Claim for [CAUSE OF ACTION]

[Provide a numbered, fully developed legal argument demonstrating why the facts alleged, even if true, do not satisfy each required element of the cause of action. Include citations to statutes or Rules only if absolutely certain. Example:]

1. To state a claim for negligence, Plaintiff must plead (i) a duty, (ii) breach, (iii) causation, and (iv) damages.
2. The Complaint is devoid of factual averments establishing any duty owed by Defendant to Plaintiff because [explain].
3. Without a legally cognizable duty, Count I fails as a matter of law and must be dismissed with prejudice.

3.5.2 Count II – Barred by the Statute of Limitations (Pa.R.C.P. No. 1030(a))

1. Plaintiff alleges that the subject incident occurred on [DATE > TWO YEARS PRIOR].
2. Under 42 Pa. Cons. Stat. § 5524(2), a two-year limitations period applies to [tort claim].
3. Because the Complaint was filed on [FILING DATE], the claim is time-barred and should be dismissed with prejudice.

[Add additional subsections for each count or affirmative ground for dismissal.]

3.6 Request for Oral Argument

Pursuant to Pa.R.C.P. No. 211 and Local Rule [LOCAL RULE NUMBER], Defendant respectfully requests oral argument on these Preliminary Objections and asks that the Court schedule argument in accordance with the Court’s civil motion calendar.

3.7 Reservation of Rights

Defendant expressly reserves the right to assert all remaining defenses, counterclaims, cross-claims, or additional objections that may become available, including but not limited to those under Pa.R.C.P. Nos. 1030 and 1032.

4. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Honorable Court:

A. Sustain Defendant’s Preliminary Objections;
B. Dismiss Plaintiff’s Complaint in its entirety, with prejudice;
C. Award such other and further relief as the Court deems just and proper.

5. CERTIFICATION PURSUANT TO Pa.R.C.P. 208.2(d)

I, the undersigned counsel, certify that I have communicated with opposing counsel concerning the subject of this Motion and, after reasonable efforts, we are unable to resolve the matter.

Date: _______ Respectfully submitted,

[ATTORNEY NAME]
PA ID No. [______]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Defendant

6. PROPOSED ORDER (Exhibit “A”)

IN THE COURT OF COMMON PLEAS OF [COUNTY] COUNTY, PENNSYLVANIA
CIVIL DIVISION

[PLAINTIFF NAME], :
Plaintiff, :
:
v. : No. [DOCKET NUMBER]
:
[DEFENDANT NAME], :
Defendant. :

ORDER

AND NOW, this ___ day of __, 20, upon consideration of Defendant’s
Motion to Dismiss pursuant to Pa.R.C.P. No. 1028(a)(4) and any response thereto, it is
hereby ORDERED and DECREED that:

1. The Motion is GRANTED.
2. Plaintiff’s Complaint is DISMISSED [with/without] prejudice.
3. [If without prejudice: Plaintiff is granted leave to amend within twenty (20) days
   of the date of this Order.]

BY THE COURT:

J.

7. VERIFICATION (Optional – use only if affidavits or factual averments beyond the pleadings are attached)

I, [CLIENT NAME], verify that the statements made in the foregoing Motion are true
and correct to the best of my knowledge, information, and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa. Cons. Stat.
§ 4904 relating to unsworn falsification to authorities.

Date: ___ ____
[CLIENT NAME]

8. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of __, 20, a true and correct copy
of the foregoing Motion, Proposed Order, and Notice to Plead was served upon all
counsel and/or unrepresented parties of record via [FIRST CLASS MAIL / HAND
DELIVERY / E-SERVICE] addressed as follows:

[NAME & ADDRESS OF RECIPIENT]

[ATTORNEY NAME]

[// GUIDANCE:

1. Filing & Briefing Schedule:
   • File the Motion, Proposed Order, and any required county-specific coversheets.
   • Under Pa.R.C.P. 208.3(b), the responding party typically has 20 days to file an answer and a brief, unless the Court’s Scheduling Order or local rules provide otherwise. Insert county-specific briefing deadlines here if different (e.g., 10-day reply brief).

2. Oral Argument:
   • Many counties automatically list dispositive motions for argument once briefing is complete; others require a praecipe. Check Local Rule [LOCAL RULE NO.] and, if necessary, file a “Praecipe for Argument” after the close of briefing.

3. Local Forms & Coversheets:
   • Counties such as Philadelphia, Allegheny, and Montgomery require motion cover sheets or scheduling orders. Attach the appropriate form as the first page when filing electronically or in person.

4. Electronic Filing:
   • Confirm whether the county mandates electronic filing (e.g., Philadelphia’s Electronic Filing System) and follow formatting conventions (PDF, word-count certification, proposed orders uploaded separately).

5. Additional Grounds:
   • If asserting lack of jurisdiction, improper venue, failure to join indispensable parties, etc., include separate numbered paragraphs under Pa.R.C.P. 1028(a)(1)-(7).

6. Amendment as of Right:
   • Plaintiff may file an amended complaint within 20 days of service of these Preliminary Objections (Pa.R.C.P. 1028(c)(1)), which moots the objections. Monitor docket and update calendaring ticklers accordingly.

]