reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 506 - Service of Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
A. The
				magisterial district judge shall serve the complaint by mailing a copy of it to
				the tenant's last known address by first class mail and noting on the docket
				the date of such mailing, and by delivering a copy of it for service to the
				sheriff of, or any certified constable in, the county in which the office of
				the magisterial district judge is situated. If this service is not available to
				the magisterial district judge, service may be made by any certified constable
				of the Commonwealth. The officer receiving the copy shall serve it by handing
				it to the tenant or to an adult person in charge for the time being of the
				premises possession of which is sought to be recovered or, if none of the above
				is found, by posting it conspicuously on those premises.
B. The copy shall be served at least five
				days before the hearing.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 506 - Service of Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The magisterial
				district judge shall serve the complaint by mailing a copy of it to the tenant's
				last known address by first class mail and noting on the docket the date of such
				mailing, and by delivering a copy of it for service to the sheriff of, or any
				certified constable in, the county in which the office of the magisterial district
				judge is situated. If this service is not available to the magisterial district
				judge, service may be made by any certified constable of the Commonwealth. The
				officer receiving the copy shall serve it by handing it to the tenant or to an adult
				person in charge for the time being of the premises possession of which is sought to
				be recovered, if found, and by posting it conspicuously on those premises.
(b) The copy shall be served at least
				five days before the hearing.
Comment:
Under subdivision (a), service must be made both by first class
				  mail and delivery for service in the manner prescribed. It is expected that the
				  officer serving the complaint will exercise due diligence when attempting personal
				  service upon the tenant. This may be demonstrated by, among other things, attempting
				  service at varying times of day, making a reasonable number of knocks upon the
				  tenant's door, knocking at all available doors of the premises, or announcing the
				  officer's presence. Posting is required in all cases to facilitate notice to an
				  occupant of the property.
In actions where wage garnishment may be sought under Pa.R.Civ.P.
				  3311, the landlord may authorize the sheriff or constable to make personal service
				  upon the tenant. The landlord may authorize the sheriff or constable to make
				  additional attempts to effectuate personal service upon the tenant so the landlord
				  can later prove such service if attempting to garnish wages under Pa.R.Civ.P. 3311.
				  Additional service attempts by the sheriff or constable may result in additional
				  fees.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 507 - Notation and Return of Service; Waiver of Service

Current through Register Vol. 54, No. 28, July 13, 2024
A. The magisterial district judge shall note
				on the docket the date that a service copy of the complaint was mailed to the
				tenant, and the sheriff or constable serving a copy of the complaint shall, at
				or before the time of the hearing, make proof of service on the form provided,
				which shall show the manner of service and the day, hour, and place
				thereof.
B. The appearance of a
				tenant in person or by representative or the filing of a claim in the case
				shall be deemed a waiver of any defect in service but not a waiver of a defect
				in venue.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 507 - Notation and Return of Service; Waiver of Service

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				The magisterial district judge shall note on the docket the date that a service copy
				of the complaint was mailed to the tenant, and the sheriff or constable serving a
				copy of the complaint shall, at or before the time of the hearing, make proof of
				service on the form provided, which shall show the manner of service and the day,
				hour, and place thereof, as well as any unsuccessful attempts at service.
(b) The appearance of a tenant in person or by
				representative or the filing of a claim in the case shall be deemed a waiver of any
				defect in service but not a waiver of a defect in venue.
(
Editor's Note
: The following rule is adopted and
				  is printed in regular type to enhance readability.)
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 508 - Claim by Tenant

Current through Register Vol. 54, No. 28, July 13, 2024
A. At
				any time before the hearing, the tenant may file a cross-complaint on the form
				prescribed for civil complaints, asserting any claim against the landlord that
				arises out of the occupancy of the premises and that is within the jurisdiction
				of the magisterial district judge.
B. If the tenant files such a
				cross-complaint, the magisterial district judge shall set a time and date for
				the hearing of both complaints together, which shall not be less than seven or
				more than fifteen days from the filing of the tenant's complaint.
C. The tenant's cross-complaint shall be
				served on the landlord at least five days before the hearing. At the option of
				the tenant, the magisterial district judge shall serve the cross-complaint by
				mailing a copy of it to the landlord. If the tenant does not request service by
				mail, the magisterial district judge shall deliver a copy of the
				cross-complaint for service to the sheriff of, or any certified constable in,
				the county in which the office of the magisterial district judge is located. If
				this service is not available to the magisterial district judge, service may be
				made by any certified constable of the Commonwealth. The officer receiving the
				copy shall serve it by handing it to the landlord or to an adult person in
				charge for the time being of the landlord's residence or usual place of
				business.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 509 - Amendments to Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
Amendments to the complaint may be made only at the hearing
				  in the presence of the adverse party or his representative. Amendments other
				  than those as to form shall constitute grounds for a continuance.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 512 - Hearings and Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
A. The
				landlord shall appear at the hearing and present testimony in an action for the
				recovery of possession of real property.
B. The magisterial district judge shall be
				bound by the rules of evidence, except that a bill, estimate, receipt, or
				statement of account that appears to have been made in the regular course of
				business may be introduced in evidence by any party without affidavit or other
				evidence of its truth, accuracy, or authenticity.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 513 - Disputes Concerning Title

Current through Register Vol. 54, No. 28, July 13, 2024
A. If the
				tenant declares in writing, on oath or affirmation, that the title to the real
				property is disputed and claimed by some named person other than the landlord
				by virtue of a right or title accruing by descent from or deed or will of the
				landlord since the commencement of the lease, and if that person, whether or
				not appearing before the magisterial district judge, also declares in writing,
				on oath or affirmation, a true belief of entitlement to the real property, the
				magisterial district judge shall stay the proceedings, provided the person
				claiming title files in the court of common pleas of the county in which the
				real property is located a bond, satisfactory to that court, conditioned upon
				prosecuting the claim in the court of common pleas. If the claim is not
				prosecuted in accordance with the conditions of the bond, the bond shall be
				forfeited to the landlord and the magisterial district judge shall proceed to
				judgment.
B. If the tenant declares
				in writing, on oath or affirmation, that the real property is held and claimed
				by the tenant as a joint tenant or tenant in common with the landlord and that
				the tenant truly believes that the real property so held does not exceed in
				quantity or value the just proportion of the tenant's share as a joint tenant
				or tenant in common, the magisterial district judge shall stay the proceedings,
				provided the tenant files in the court of common pleas of the county in which
				the real property is located a bond, satisfactory to that court, conditioned
				upon prosecuting the claim in the court of common pleas. If the claim is not
				prosecuted in accordance with the conditions of the bond, the bond shall be
				forfeited to the landlord and the magisterial district judge shall proceed to
				judgment.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 513.1 - Intervention

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Time to File.
An individual
				may file an intervention request with the magisterial district court in an action
				commenced pursuant to Pa.R.Civ.P.M.D.J. 502 at any time before the hearing on the
				complaint.
(b)
Form.
The intervention request shall be on a form prescribed by the State Court
				Administrator, verified by the requester, and contain the following averments:
(1) the requester is a tenant of the
				landlord;
(2) the length of time the
				requester has occupied the property;
(3)
				to whom the requester paid rent for the property; and
(4) whether the requester is a party to a lease of
				the property with the landlord.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 514 - Judgment; Notice of Judgment or Dismissal and the Right to Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
A. If it appears at the hearing that the
				complaint has been proven, the magisterial district judge shall enter judgment
				against the tenant that the real property be delivered up to the landlord and
				shall enter judgment by separate entries:
(1)
				for any amount of rent that remains due;
(2) for any amount of damages for unjust
				detention;
(3) for any physical
				damages to the leasehold premises;
(4) for the costs of the proceeding;
				and
(5) for the amount of any
				security deposit applied as an offset to the judgment, if applicable; less any
				amount found due the tenant on any cross-complaint filed by the
				tenant.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 514.1 - Domestic Violence Affidavit

Current through Register Vol. 54, No. 28, July 13, 2024
A. A
				tenant in a residential lease action who is a victim of domestic violence may
				file a domestic violence affidavit with the magisterial district court in order
				to stay the execution of an order for possession.
B. The domestic violence affidavit shall be
				on a form prescribed by the State Court Administrator and shall require the
				tenant to affirm that he or she is a victim of domestic violence.
C. The filing of the domestic violence
				affidavit with the magisterial district court shall stay the execution of an
				order for possession. The stay will terminate as of the filing of an appeal
				with the prothonotary pursuant to Rule 1002, 30 days after the date of entry of
				the judgment, or by order of the court of common pleas, whichever is
				earlier.
D. The magisterial district
				court shall enter the domestic violence affidavit on the docket of the
				residential lease action.
E. The
				magisterial district court shall serve a copy of the domestic violence
				affidavit on the landlord by mailing it to the landlord at the address as
				listed on the complaint form filed in the magisterial district court or as
				otherwise appearing in the records of that office, or the attorney of record,
				if any, of the landlord.
F. The
				tenant shall attach a copy of the domestic violence affidavit to an appeal
				filing made pursuant to Rule 1002.
G. The domestic violence affidavit is not a
				public record and it shall not be publically accessible.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 515 - Request for Order for Possession

Current through Register Vol. 54, No. 28, July 13, 2024
A. If the magisterial district judge has
				rendered a judgment arising out of a non-residential lease that the real
				property be delivered up to the landlord, the landlord may, after the 15th day
				following the date of the entry of the judgment, file with the magisterial
				district judge a request for an order for possession. The request shall include
				a statement of the judgment amount, return, and all other matters required by
				these rules.
B.
(1) Except as otherwise provided in
				subdivision B(2), if the magisterial district judge has rendered a judgment
				arising out of a residential lease that the real property be delivered up to
				the landlord, the landlord may after the 10th day but within 120 days following
				the date of the entry of the judgment, file with the magisterial district judge
				a request for an order for possession. The request shall include a statement of
				the judgment amount, return, and all other matters required by these
				rules.
(2) In a case arising out of
				a residential lease, if before the landlord requests an order for possession,
(a) an appeal or writ of
certiorari
operates as a
supersedeas
;
				or
(b) proceedings in the matter
				are stayed pursuant to a bankruptcy proceeding or other federal or state law;
				and
(c) the
supersedeas
or the bankruptcy or other stay is subsequently
				stricken, dismissed, lifted, or otherwise terminated so as to allow the
				landlord to proceed to request an order for possession,
the landlord may request an order for possession only within
				  120 days of the date the supersedeas or the bankruptcy or other stay is
				  stricken, dismissed, lifted, or otherwise terminated.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 516 - Issuance and Reissuance of Order for Possession

Current through Register Vol. 54, No. 28, July 13, 2024
A. Upon the timely filing of the request
				form, the magisterial district judge shall issue the order for possession and
				shall deliver it for service and execution to the sheriff of, or any certified
				constable in, the county in which the office of the magisterial district judge
				is situated. If this service is not available to the magisterial district
				judge, service may be made by any certified constable of the Commonwealth. The
				order shall direct the officer executing it to deliver actual possession of the
				real property to the landlord. The magisterial district judge shall attach a
				copy of the request form to the order for possession.
B.
(1)
				Except as otherwise provided in subdivision C, upon written request of the
				landlord the magisterial district judge shall reissue an order for possession
				for one additional 60-day period.
(2) If an order for possession is issued and
				subsequently superseded by an appeal, writ of
certiorari,
				supersedeas
, or a stay pursuant to a bankruptcy proceeding or other
				federal or state law or Rule
				514.1C, and
(a) the appeal, writ of
certiorari
, or
supersedeas
is stricken,
				dismissed, or otherwise terminated; or
(b) the bankruptcy or other stay is lifted;
				and
(c) the landlord wishes to
				proceed with the order for possession, the landlord must file with the
				magisterial district judge a written request for reissuance of the order for
				possession in accordance with subdivision B(1).
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 517 - Notation of Time of Receipt; Service of Order for Possession

Current through Register Vol. 54, No. 28, July 13, 2024
The magisterial district judge shall mail a copy of the order
				  for possession to the tenant by first class mail and shall deliver a copy of it
				  for service to the sheriff of, or any certified constable in, the county in
				  which the office of the magisterial district judge is situated. If this service
				  is not available to the magisterial district judge, service may be made by any
				  certified constable of the Commonwealth. The officer receiving the order for
				  possession shall note upon the form the time and date that it was received, and
				  shall serve the order within 48 hours by handing a copy of it to the tenant or
				  to an adult person in charge for the time being of the premises possession of
				  which is to be delivered or, if none of the above is found, by posting it
				  conspicuously on those premises. The service copy of the order shall contain
				  the following notice:
(1) For
				nonresidential leases:
If you, and all occupants of this property not authorized by
				  the owner to be present thereon, do not vacate this property within 15 days
				  after the date of this notice, the law authorizes me to use such force as may
				  be necessary to enter upon the property, by the breaking in of any door or
				  otherwise, and to eject you and all unauthorized occupants.
(2) For residential leases:
If you, and all occupants of this property not authorized by
				  the owner to be present thereon, do not vacate this property within 10 days
				  after the date of this notice, the law authorizes me to use such force as may
				  be necessary to enter upon the property by the breaking in of any door or
				  otherwise, and to eject you and all unauthorized occupants.
The date of the notice shall be the same as the date of the
				  service.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 518 - Satisfaction of Order by Payment of Rent and Costs

Current through Register Vol. 54, No. 28, July 13, 2024
At any time before actual delivery of the real property is
				  made in execution of the order for possession, the tenant may, in a case for
				  the recovery of possession solely because of failure to pay rent, satisfy the
				  order for possession by paying to the executing officer the rent actually in
				  arrears and the costs of the proceedings. The executing officer shall give the
				  tenant a signed receipt for any such payment.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 519 - Forcible Entry and Delivery of Possession

Current through Register Vol. 54, No. 28, July 13, 2024
A. If, on or after the 16th day following the
				service of the order for possession arising out of a nonresidential lease, the
				tenant or any unauthorized occupant remains on the real property, the officer
				executing the order for possession shall use such force as may be necessary to
				enter upon the property, by the breaking in of any door or otherwise, and to
				eject the tenant and any unauthorized occupant and shall deliver possession of
				the real property to the landlord or the landlord's agent.
B. If, on or after the 11th day following the
				service of the order for possession in cases arising out of a residential
				lease, the tenant or any unauthorized occupant remains on the real property,
				the officer executing the order for possession shall use such force as may be
				necessary to enter upon the property, by the breaking in of any door or
				otherwise, and to eject the tenant and any unauthorized occupant and shall
				deliver possession of the real property to the landlord or the landlord's
				agent.
C. No order for possession
				may be executed after 60 days following its issuance or reissuance.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 519.1 - Request for Determination of Abandoned Manufactured Home

Current through Register Vol. 54, No. 28, July 13, 2024
A. A landlord may request a determination
				that a manufactured home is abandoned by filing the request on a form
				prescribed by the State Court Administrator with the magisterial district court
				in the magisterial district where the manufactured home is located.
B. If the determination is not or cannot be
				made during a hearing for recovery of possession pursuant to this chapter, the
				magisterial district court shall set a hearing date that shall be not less than
				seven or more than fifteen days from the date the request is filed.
C. The magisterial district court shall serve
				a copy of the request and the hearing notice on the tenant in the manner set
				forth in Rule 506.
D. The
				magisterial district judge shall promptly give or mail written notice of the
				determination to the parties in interest. Notice of the determination shall
				contain advice as to the right of the parties to file a Statement of Objection,
				the time within which the statement must be filed, and that the statement is to
				be filed with the court of common pleas.
E. Any party aggrieved by a determination
				made by a magisterial district judge under this rule may obtain a
				reconsideration thereof in the court of common pleas by filing a statement of
				objection to the determination pursuant to Rule 1016 with the prothonotary and
				with the magisterial district judge in whose office the determination was
				made.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 520 - Officer's Return

Current through Register Vol. 54, No. 28, July 13, 2024
Within five business days following delivery of possession to
				  the landlord or satisfaction by payment of rent in arrears and costs, the
				  officer executing the order for possession shall make a return on the order for
				  possession form. The return shall show:
(1) The date, time, place, and manner of
				service of the order.
(2) If the
				order was satisfied by the payment of rent in arrears and costs by or on behalf
				of the tenant, the amount of that payment, and its distribution.
(3) The time and date of any forcible entry
				and ejectment, or that no entry for the purpose of ejectment had to be
				made.
(4) The officer's expenses
				and fees.
Amended July 30, 1982, effective 30 days after July 17, 1982;
				  March 28, 1996, effective March 29, 1996.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 521 - Execution by Levy

Current through Register Vol. 54, No. 28, July 13, 2024
A. If the
				landlord in an action for recovery of possession of real property obtains a
				judgment for damages for injury to or unjust detention of the premises, for
				rent remaining due and for the costs of the proceeding, or for any of these,
				the landlord may obtain execution of that judgment by levy upon personal
				property of the tenant in accordance with the rules for the Execution of
				Judgments for the Payment of Money Rendered by Magisterial District Judges, and
				the form for a request for an order of execution there prescribed shall be used
				for this purpose.
B. If the tenant
				in an action for recovery of possession of real property obtains a money
				judgment on a cross-complaint against the landlord, the tenant may obtain
				execution of the judgment by levy upon personal property of the landlord in
				accordance with the rules for the Execution of Judgments for the Payment of
				Money Rendered by Magisterial District Judges.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 581 - Acts of Assembly Suspended

Current through Register Vol. 54, No. 28, July 13, 2024
All Acts of Assembly or parts thereof inconsistent with the
				  rules governing practice and procedure in actions before magisterial district
				  judges for the recovery of possession of real property are suspended to the
				  extent of such inconsistency.
The following Acts of Assembly are suspended insofar as they
				  are inconsistent with the foregoing rules:
(1) Act of July 6, 1995, amending the Act of
				April 6, 1951, (P. L. 69, No. 20), known as Act 33 of 1995;
(2) Act of July 6, 1995, amending the Act of
				April 6, 1951, (P. L. 69, No. 20), known as Act 36 of 1995.
Amended June 30, 1982, effective 30 days after July 17, 1982;
				  amended March 28, 1996, effective March 29, 1996.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 582 - Acts of Assembly Not Suspended

Current through Register Vol. 54, No. 28, July 13, 2024
The following Acts of Assembly shall not be deemed suspended
				  or affected:
Section 1 of the Act of January 24, 1966, P. L. (1965) 1534,
				  as last amended by § 2, Act of June 11, 1968, P. L. 159, No. 89,
				  35
				  P. S. §
										1700-1.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES › Rule 801 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter:
(1) "Action" includes a civil action as
				defined by Rule 301 and an action by a landlord against a tenant for the
				recovery of possession of real property pursuant to Rule 501.
(2) "Minor" means an individual under the age
				of eighteen years.
(3)
				"Incapacitated person" means an adult who has a guardian appointed by a court
				of competent jurisdiction pursuant to
				20 Pa.C.S. §
										5511.
(4) "Guardian", except as otherwise indicated
				in Rules 808B and 816B, means-
(a) in the case
				of a minor, a guardian of the minor appointed by any court of competent
				jurisdiction or by a probated will, a parent of the minor or, if selected by
				the minor to represent him as guardian, any adult person.
(b) in the case of incapacitated persons, a
				guardian or other fiduciary appointed by a court of competent jurisdiction for
				the incapacitated person or the incapacitated person's estate.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES › Rule 802 - Minor May Be Party to Action

Current through Register Vol. 54, No. 28, July 13, 2024
A minor is not required to be represented by a guardian in an
				  action before a magisterial district judge.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES › Rule 803 - Entitlement of Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
The complaint in an action before a magisterial district
				  judge to which a minor is a party shall be entitled in the name of the minor,
				  without reference to the party's minority or any guardian. The minor shall be
				  designated by the initials of his or her first and last name.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES › Rule 804 - Service of the Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
Service of the complaint upon a minor defendant, or of a
				  cross-complaint upon a minor plaintiff, shall be upon the minor in the manner
				  prescribed for service of like process upon an adult party.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES › Rule 805 - Representation of Minor by Guardian

Current through Register Vol. 54, No. 28, July 13, 2024
A. A guardian may represent a minor party by
				filing with the magisterial district judge before whom the action is pending a
				written notice stating the guardian's name, address, entitlement to act as
				guardian under Rule 801(4)(a) and intention to represent the minor party as
				guardian. Such a notice shall be filed on a Guardian's Notice of Intent to
				Represent Minor Party form.
B. Upon
				receipt of a notice of intent to act as guardian, the magisterial district
				judge shall note thereon the time and date of its filing and attach it to the
				record copy of the complaint form.
C. Only one guardian may represent the minor
				party. If more than one person files a notice of intent to act as guardian,
				precedence shall be given in the order indicated in Rule 801(4)(a), and to the
				one first filing as between those of the same class.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES › Rule 806 - Guardian to Supervise Action

Current through Register Vol. 54, No. 28, July 13, 2024
When a minor party is represented by a guardian-
(1) The guardian shall supervise and control
				the conduct of the action in behalf of the minor.
(2) Notices required to be given by the
				magisterial district judge shall, if the party to whom the notice must be given
				is a minor represented by a guardian, be given to the guardian.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES › Rule 807 - Judgment. Costs

Current through Register Vol. 54, No. 28, July 13, 2024
A. Judgment may
				be entered for or against the minor party whether or not the minor party is
				represented by a guardian.
B. A
				judgment entered in the action shall be the obligation of the minor only. A
				guardian shall not be individually liable for the payment of any judgment
				entered against the minor or for the costs of the action.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES › Rule 808 - Compromise, Settlement, Discontinuance and Payment

Current through Register Vol. 54, No. 28, July 13, 2024
A. If a minor party is represented by a
				guardian, the guardian may compromise or settle the action on behalf of the
				minor or may discontinue the action if it was brought by the minor. A minor
				party not represented by a guardian may compromise or settle the action or may
				discontinue the action if it was brought by the minor.
B. The amount of a compromise, settlement or
				judgment in favor of a minor party shall be paid to the guardian of the estate
				of the minor qualified to receive the fund if the minor party has one or one is
				to be appointed. If the minor has no such guardian, and none is to be
				appointed, the amount shall be paid to the guardian of the person or to the
				natural guardian or to the person or agency by whom the minor is maintained or
				to the minor.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES › Rule 809 - Incapacitated Person May Be Party To Action

Current through Register Vol. 54, No. 28, July 13, 2024
An incapacitated person may be a party to an action before a
				  magisterial district judge if the incapacitated person is represented by a
				  court appointed guardian.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES › Rule 810 - Entitlement of Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
The complaint in an action before a magisterial district
				  judge to which an incapacitated person is a party shall be entitled in the name
				  of the incapacitated person, followed by the phrase "an incapacitated person,
				  represented by A, Guardian." The address of the incapacitated person and that
				  of the guardian shall be shown on the complaint form.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES › Rule 811 - Service of the Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
Service of the complaint upon a defendant who is an
				  incapacitated person, or of a cross-complaint upon a plaintiff who is an
				  incapacitated person, shall be upon the incapacitated person's guardian. This
				  service shall be made in accordance with Rules 307, 308 and 315.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES › Rule 812 - Guardian to Represent Incapacitated Person and Supervise Action

Current through Register Vol. 54, No. 28, July 13, 2024
A. The guardian of a party who is an
				incapacitated person shall represent the incapacitated person and shall
				supervise and control the conduct of the action in behalf of the incapacitated
				person.
B. Notices required to be
				given by the magisterial district judge shall, if the party to whom the notice
				must be given is an incapacitated person, be given to the guardian of the
				incapacitated person.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES › Rule 813 - Procedure When Incapacitated Person Not Designated as Such

Current through Register Vol. 54, No. 28, July 13, 2024
A. Except as provided in subdivisions B and C
				of this rule, if during the pendency of the action the magisterial district
				judge finds that a party not designated in the complaint as an incapacitated
				person represented by a guardian is an incapacitated person, the magisterial
				district judge shall dismiss the proceeding without prejudice. Such a finding
				shall be based on the fact that the party has a guardian appointed by a court
				of competent jurisdiction pursuant to
				20
				Pa.C.S §
										5511.
B. If the party as to whom such a finding is
				made is one of several plaintiffs or defendants, the proceedings shall be
				dismissed only as to the incapacitated person.
C. A complaint filed by a party who is an
				incapacitated person but not designated as such in the complaint may be amended
				by the incapacitated person's guardian, at any time during the pendency of the
				action before judgment, to state that the party is an incapacitated person
				represented by a guardian. A complaint filed against a party who is an
				incapacitated person but not designated as such may be amended to state that
				the party is an incapacitated person represented by a guardian only with the
				written consent of the guardian, which shall be attached to the record copy of
				the complaint form.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES › Rule 814 - Judgment and Costs

Current through Register Vol. 54, No. 28, July 13, 2024
A judgment entered in the action shall be the obligation of
				  the incapacitated person only. A guardian shall not be individually liable for
				  the payment of any judgment entered against the incapacitated person or for the
				  costs of the action.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES › Rule 815 - Judgment-Unrepresented Incapacitated Person

Current through Register Vol. 54, No. 28, July 13, 2024
A. Except as provided in subdivision B of
				this rule, if after judgment the magisterial district judge finds that a party
				not designated in the complaint as an incapacitated person represented by a
				guardian was an incapacitated person, the magisterial district judge shall,
				unless the party's guardian files consent in writing to the judgment, vacate
				the judgment and dismiss the proceedings without prejudice. Such a finding
				shall be based on the fact that the party had a guardian appointed pursuant to
				20 Pa.C.S. §
										5511 by a
				court of competent jurisdiction.
B.
				A judgment in favor of a defendant shall not be vacated or set aside on the
				ground that the defendant was an incapacitated person not represented by a
				guardian.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES › Rule 816 - Compromise, Settlement, Discontinuance and Payment

Current through Register Vol. 54, No. 28, July 13, 2024
A. The guardian of a party who is an
				incapacitated person may compromise or settle the action on behalf of the
				incapacitated person or may discontinue the action if it was brought by or on
				behalf of the incapacitated person.
B. The amount of a compromise, settlement or
				judgment in favor of a party who is an incapacitated person shall, if it is
				known that the party is an incapacitated person, be paid to the guardian of the
				estate qualified to receive the fund if the incapacitated person has one or one
				is to be appointed. If the incapacitated person has no such guardian and none
				is to be appointed, the amount shall be paid to the guardian of the person or
				to the person or agency by whom the incapacitated person is
				maintained.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES › Rule 817 - Rescinded

Current through Register Vol. 54, No. 28, July 13, 2024
Rule 817 was rescinded in 2015 because the rule was no longer
				  necessary due to a change to the statutory definition of an incapacitated
				  person. By definition, an incapacitated person is an adult; thus, Rule 817 is
				  no longer needed.
See
20 Pa.C.S. §
										5501.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES › Rule 818 - Representation in Rule 420 and 519.1 Matters

Current through Register Vol. 54, No. 28, July 13, 2024
A guardian of a party in interest who is a minor or an
				  incapacitated person may represent the minor or incapacitated person in
				  hearings held under Rule 420 and Rule
				  519.1. On behalf of the minor or
				  incapacitated person, the guardian may make any appeal or file any objection,
				  claim, exception or request mentioned in those rules.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES › Rule 819 - Magisterial District Judge May Not Appoint Guardian

Current through Register Vol. 54, No. 28, July 13, 2024
A magisterial district judge shall not appoint guardians or
				  guardians ad litem.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES › Rule 820 - Appellate Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
A guardian of a party who is a minor or an incapacitated
				  person may initiate in an appropriate court of common pleas an appeal,
				  certiorari proceedings or a statement of objection to Rule 420 and Rule
				  519.1 orders and
				  determinations.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES › Rule 881 - Acts of Assembly Suspended

Current through Register Vol. 54, No. 28, July 13, 2024
All Acts of Assembly or parts thereof that are inconsistent
				  with the rules in this chapter are suspended to the extent of such
				  inconsistency.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1000 - APPEALS › APPELLATE PROCEEDINGS WITH RESPECT TO JUDGMENTS AND OTHER DECISIONS OF MAGISTERIAL DISTRICT JUDGES IN CIVIL MATTERS › Rule 1001 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter:
(1) "Appeal" means an appeal from a judgment
				  to the court of common pleas.
(2)
				  "
Certiorari
" means an examination by the court of common
				  pleas of the record of proceedings before a magisterial district judge to
				  determine questions raised under Rule 1009A.
(3) "Claimant" includes a defendant with
				  respect to a defendant's cross-complaint or supplementary action filed pursuant
				  to Rule 342 in the action before the magisterial district judge.
(4) "Court of common pleas" means the court
				  of common pleas of the judicial district in which is located the magisterial
				  district wherein the questioned action of the magisterial district judge took
				  place.
(5) "Defendant" includes a
				  plaintiff with respect to the defendant's cross-complaint or supplementary
				  action filed pursuant to Rule 342 in the action before the magisterial district
				  judge.
(6) "Judgment" means a
				  judgment rendered by a magisterial district judge under Rules 319, 322, or
				  514.
(7) "Proof of service" means a
				  verified written statement that service was made by personal service or by
				  certified or registered mail, with the sender's receipt for certified or
				  registered mail attached thereto if service was made by mail.
(8) Service "by certified or registered mail"
				  means the mailing of properly addressed certified or registered mail.
(9) "
Supersedeas
" means a
				  prohibition against any further execution processes on the judgment affected
				  thereby.
(10) "Victim of domestic
				  violence" means a person who has obtained a protection from abuse order against
				  another individual or can provide other evidence of abuse.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1000 - APPEALS › APPEAL › Rule 1002 - Time and Method of Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
A. A party aggrieved by a judgment for money,
				  or a judgment affecting the delivery of possession of real property arising out
				  of a nonresidential lease, may appeal the judgment within 30 days after the
				  date of the entry of the judgment by filing with the prothonotary of the court
				  of common pleas a notice of appeal on a form that shall be prescribed by the
				  State Court Administrator together with a copy of the Notice of Judgment issued
				  by the magisterial district judge. The prothonotary shall not accept an appeal
				  from an aggrieved party that is presented for filing more than 30 days after
				  the date of entry of the judgment without leave of court and upon good cause
				  shown.
B.
(1) Except as otherwise provided in
				  subdivision B(2), a party aggrieved by a judgment for the delivery of
				  possession of real property arising out of a residential lease may appeal the
				  judgment within 10 days after the date of the entry of judgment by filing with
				  the prothonotary of the court of common pleas a notice of appeal on a form that
				  shall be prescribed by the State Court Administrator, together with a copy of
				  the Notice of Judgment issued by the magisterial district judge. The
				  prothonotary shall not accept an appeal from an aggrieved party that is
				  presented for filing more than 10 days after the date of entry of judgment
				  without leave of court and upon good cause shown.
(2)
(a) A
				  tenant who is aggrieved by a judgment for the delivery of possession of real
				  property arising out of a residential lease, and who is a victim of domestic
				  violence, may appeal the judgment within 30 days after the date of the entry of
				  judgment by filing with the prothonotary of the court of common pleas a notice
				  of appeal on a form that shall be prescribed by the State Court Administrator,
				  together with a copy of the Notice of Judgment issued by the magisterial
				  district judge, and a domestic violence affidavit.
(b) The domestic violence affidavit shall be
				  on a form prescribed by the State Court Administrator, and affirm that the
				  tenant is a victim of domestic violence.
(c) The domestic violence affidavit shall
				  contain the name of the tenant who is a victim of domestic violence, the name
				  of the perpetrator, the perpetrator's relationship to the tenant who is a
				  victim of domestic violence, and the docket number for any protection from
				  abuse case involving the tenant who is a victim of domestic violence and the
				  perpetrator, as well as a verification by the tenant.
(d) The domestic violence affidavit is not a
				  public record and shall not be publically
				  accessible.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1000 - APPEALS › APPEAL › Rule 1004 - Filing Complaint or Praecipe on Appeal. Appeals Involving Cross-Complaints

Current through Register Vol. 54, No. 28, July 13, 2024
A. If the appellant
				  was the claimant in the action before the magisterial district judge, he shall
				  file a complaint within twenty (20) days after filing his notice of
				  appeal.
B. If the appellant was the
				  defendant in the action before the magisterial district judge, he shall file
				  with his notice of appeal a praecipe requesting the prothonotary to enter a
				  rule as of course upon the appellee to file a complaint within twenty (20) days
				  after service of the rule or suffer entry of a judgment of non pros.
C. When judgments have been rendered on
				  complaints of both the appellant and the appellee and the appellant appeals
				  from the judgment on his complaint or on both complaints, the appellee may
				  assert his claim in the court of common pleas by pleading it as a counterclaim
				  if it can properly be so pleaded in that court. If the appellant appeals only
				  from the judgment on his complaint, the appellee may appeal from the judgment
				  on his complaint at any time within thirty (30) days after the date on which
				  the appellant served a copy of his notice of appeal upon the
				  appellee.