Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 305 - Setting the Date for Hearing; Delivery for Service; Notice to Defendant; Form

Current through Register Vol. 54, No. 28, July 13, 2024
The magisterial district judge, at the time the complaint is
				  filed, shall:
(a) Set a hearing date which
				shall be not less than 12 or more than 60 days from the date the complaint is
				filed.
(b) Insert the hearing time and
				date and the address of the magisterial district court in the complaint
				form.
(c) Deliver a copy of the
				complaint form with hearing time and date thereon to the plaintiff.
(d) Deliver a copy of the complaint form with
				hearing time and date thereon for service on the defendant as hereinafter set forth,
				which copy shall contain the following notice:
Notice to Defendant
You have been sued in court. If you wish to appear at the hearing
				  and defend against the claims set forth in the complaint, you should notify the
				  court in writing. You may give notice by completing the enclosed Notice of Intent to
				  Defend form and returning it to the court. Alternatively, you may send the court a
				  signed statement identical in content to the enclosed form. If you do not intend to
				  dispute this claim, you do not need to appear in court and a judgment may be entered
				  against you in your absence.
If you give written notice of intent to defend and attend the
				  hearing, but the plaintiff does not appear at the hearing, then the magisterial
				  district judge will enter judgment in your favor or continue the case for cause. If
				  you do not give written notice of intent to defend and attend the hearing, but the
				  plaintiff does not appear at the hearing, the magisterial district judge will
				  continue the case. If you do not appear at the hearing, either a judgment will be
				  entered against you or the case will be continued for cause. If a judgment is
				  entered against you, you may lose money or property or other rights important to
				  you.
If you have a claim against the plaintiff that is within
				  magisterial district court jurisdiction and that you intend to assert at the
				  hearing, you must file it on a complaint form at this office at least five days
				  before the date set for the hearing. No claim by the defendant will be permitted in
				  a supplementary action filed for failure of a judgment creditor to enter
				  satisfaction.
If you need information about hiring a lawyer to represent you in
				  this matter, contact either your county bar association or legal services
				  agency.
(e) The copy of the
				complaint form delivered for service upon the defendant shall be accompanied by the
				Notice of Intent to Defend form prescribed by the State Court Administrator.
Comment:
The 60-day limitation in subdivision (a) was considered to provide
				  sufficient time in which to effect service under the requirement of
				  Pa.R.Civ.P.M.D.J. 307 that service be made at least ten days before the hearing. See
				  Pa.R.Civ.P.M.D.J. 314E as to reinstatement of complaints dismissed because of lack
				  of service. The copies required in subdivisions (c) and (d)are provided by the
				  Magisterial District Judge Automated System.
Subdivision (d) sets forth the notice that must be provided to a
				  defendant with a complaint, advising the defendant to notify the court if the
				  defendant intends to appear at the hearing, the consequences of failing to appear at
				  the hearing, and the right of the defendant to file a cross-complaint against the
				  plaintiff within magisterial district court jurisdiction. The defendant must notify
				  the court of his or her intention to defend against the complaint in order for the
				  defendant to obtain judgment because of the plaintiff's failure to appear.
See
Pa.R.Civ.P.M.D.J. 319A.
See
Pa.R.Civ.P.M.D.J. 315 (procedures for filing
				  a cross-complaint);
but see
Pa.R.Civ.P.M.D.J. 342B(2) (prohibiting
				  a defendant from filing a cross-complaint in a supplementary action).
The Notice of Intent to Defend form referenced in subdivision (e)
				  shall be included with the complaint served on the defendant. It provides a
				  convenient method for the defendant to advise the court that he or she intends to
				  appear at the hearing and defend against the claims set forth in the complaint.
				  Alternatively, the defendant may give the court a signed statement identical in
				  content to the form provided by the court.
(
Editor's Note
: The following Explanatory Comment
				  is not currently codified in the
Pennsylvania Code
.)
Historical Commentary
The following commentary is historical in nature and represents
				  statements of the Committee at the time of rulemaking:
EXPLANATORY COMMENT-1992
The Note to Rule 305 recognizes that forms generated by the
				  District Justice Automation Project may be provided to parties for their convenience
				  at the discretion of the District Justice.