reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 312 - Service on a Political Subdivision

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this rule, "political subdivision" means any
				  county, city, borough, incorporated town, township, school district, vocational
				  school district, county institution district or municipal or other local
				  authority.
Service of the complaint upon a political subdivision shall
				  be made:
(1) by handing a copy to an
				agent duly authorized by the political subdivision to receive service of
				process, or to the mayor, or to the president, chairman, secretary or clerk of
				the tax levying body thereof, or
(2) in counties where there is no tax levying
				body by handing a copy to the chairman or clerk of the board of county
				commissioners, or
(3) by mailing,
				via certified mail or comparable delivery method resulting in a return receipt
				in paper or electronic form, a copy to the office of the political subdivision.
				The return receipt shall show that the complaint was received by the political
				subdivision.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 313 - Service Outside the Commonwealth

Current through Register Vol. 54, No. 28, July 13, 2024
When service of the complaint is to be made upon a defendant
				  outside the Commonwealth, it shall be made:
(1) by delivery in the manner prescribed by
				Rule 308, 309, 310 or 311, whichever is applicable, by a Pennsylvania sheriff
				or constable or by any adult, other than the plaintiff designated by the
				magisterial district judge or
(2)
				by certified mail or comparable delivery method resulting in a return receipt
				in paper or electronic form as provided by Rule 308, 309 or 310, whichever is
				applicable;
(a) if the mail is returned with a
				notation by the postal authorities or commercial carrier that receipt was
				refused, then the magisterial district judge may serve the complaint by sending
				a copy of the complaint by ordinary mail to the same address with the return
				address on the envelope. Service by ordinary mail is complete if the mail is
				not returned to the sender within fifteen days after the mailing; or
(b) if the mail is returned with a notation
				by the postal authorities or commercial carrier that it was unclaimed, the
				plaintiff shall make service by another means pursuant to these rules,
				or
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 314 - Return, Waiver and Failure of Service; Reinstatement

Current through Register Vol. 54, No. 28, July 13, 2024
A. The person serving the complaint shall, at
				or before the time of the hearing, make proof of service which shall show (1)
				the manner of service, (2) the date, time, and place of service and, (3) the
				name and relationship or title, if any, of the person on whom the complaint was
				served. The proof of service shall be filed with the original
				complaint.
B. When service is made
				by certified mail or comparable delivery method resulting in a return receipt
				in paper or electronic form, the return receipt shall be filed with the
				original complaint.
C. The
				appearance of a defendant in person or by representative or the filing by a
				defendant 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.
D. If the complaint is not served on the
				defendant in time to permit holding a hearing within 60 days of the filing of
				the complaint, the magisterial district judge shall dismiss the complaint
				without prejudice.
E.
(1) When the complaint is dismissed without
				prejudice for failure to make service pursuant to paragraph D of this rule as
				to all defendants, upon written request of the plaintiff the complaint may be
				reinstated at any time and any number of times. The date of reinstatement shall
				be the date upon which the request for reinstatement is filed.
(2) When the complaint has been filed against
				multiple defendants and subsequently dismissed without prejudice for failure to
				make service pursuant to paragraph D of this rule as to less than all
				defendants, any further action against an unserved defendant after a hearing on
				the merits or the entry of a default judgment must be initiated by the filing
				of a new complaint.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 315 - Claim by Defendant

Current through Register Vol. 54, No. 28, July 13, 2024
A. The
				defendant, by filing a complaint at least five days before the date set for the
				hearing, may assert in the case any claim against the plantiff that is within
				the jurisdiction of a magisterial district judge. Such a claim need not arise
				from the same transaction or occurrence from which the plaintiff's claim arose,
				nor need it be the same type of claim.
B. The rules governing the form, processing,
				and service of a plaintiff's complaint shall apply also to the defendant's
				complaint. The magisterial district judge shall set a date and time for the
				consolidated hearing of both complaints that shall not be less than 12 or more
				than 30 days from the filing of the defendant's complaint. The magisterial
				district court shall promptly notify the parties of the date and time set for
				the consolidated hearing of both complaints.
C. A money judgment for the plaintiff or for
				the defendant, but not for both, shall be entered with respect to such
				cross-complaints, any lesser amount found due on the claim asserted in one
				being deducted from the greater amount found due on the claim asserted in the
				other.
D. Rescinded.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 316 - Amendment 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 made as to form shall constitute grounds for continuance.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 318 - Informing Plaintiff of Notice of Intention to Defend

Current through Register Vol. 54, No. 28, July 13, 2024
If the defendant gives the magisterial district court notice
				  of intention to defend in accordance with Rule 305(4)(a), the magisterial
				  district court shall promptly give the plaintiff written notice that the
				  defendant intends to enter a defense.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 318 - Informing Plaintiff of Notice of Intention to Defend

Current through Register Vol. 54, No. 28, July 13, 2024
If the defendant gives the magisterial district court notice of
				  intention to defend in accordance with Pa.R.Civ.P.M.D.J. 305(d), the magisterial
				  district court shall promptly give the plaintiff written notice that the defendant
				  intends to enter a defense.
Comment:
The defendant may give the court notice of intention to defend by
				  using the form provided to the defendant pursuant to Pa.R.Civ.P.M.D.J. 305(e) or by
				  a signed statement identical in content.
See
Pa.R.Civ.P.M.D.J.
				  305(e), cmt. (pertaining to the form notice provided to the defendant for his or her
				  convenience). Entries on the docket will show that the defendant gave notice of
				  intention to defend and that the magisterial district court gave written notice to
				  the plaintiff.
(
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
Rule 318 recognizes that a Notice of Intent to Defend form will be
				  generated by the District Justice Automation Project. Correspondingly, the Note
				  maintains the same procedure for recording that either the plaintiff or his attorney
				  of record was notified of the defendant's intent to defend and requires an
				  acknowledgment that the Notice of Intent to Defend form was used.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 319 - Failure of a Party to Appear at the Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A. If a plaintiff who has been given notice
				of the defendant's intention to defend does not appear at the hearing, but the
				defendant does appear, the magisterial district judge shall enter judgment for
				the defendant or continue the case for cause. If the plaintiff does not appear
				at the hearing and the defendant does, but the plaintiff has not been given
				notice of the defendant's intention to defend, the case shall be
				continued.
B. If the defendant does
				not appear at the hearing, the magisterial district judge shall, whether or not
				the plaintiff appears, enter judgment for the plaintiff or continue the case
				for cause. If judgment is entered for the plaintiff, the magisterial district
				judge shall assess damages for the amount to which the plaintiff is entitled if
				it is for a sum certain or which can be made certain by computation, but if it
				is not, the damages shall be assessed by the magisterial district judge at a
				hearing at which the issues shall be limited to the amount of the damages. If
				such a hearing is to be held, the magisterial district judge shall give the
				defendant written notice of the time and date of the hearing, which shall be
				not less than ten (10) days from the date of the notice.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 320 - Request to Withdraw Complaint; Settlement

Current through Register Vol. 54, No. 28, July 13, 2024
A
(1) A
				plaintiff may withdraw the complaint prior to the commencement of the hearing
				by filing a written notice of withdrawal with the magisterial district court.
				Upon receipt of such notice, the magisterial district court shall note the
				withdrawal of the complaint on the docket, cancel any scheduled hearing (except
				for a consolidated hearing on a cross-complaint pursuant to Rule 315B), and
				notify the parties in writing that the complaint has been withdrawn.
(2) A withdrawal of the complaint filed prior
				to the commencement of the hearing shall be deemed to be without prejudice. The
				plaintiff may file a new complaint on the same cause of action upon payment of
				all applicable fees and costs.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 321 - Hearings and Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
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 300 - CIVIL ACTION › Rule 321 - Hearings and Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Comment
:
The exception to the rules of evidence provided by this rule was
				  inserted because the Pennsylvania statutes making certain business entries
				  admissible in evidence apparently do not apply to bills, receipts, and the like that
				  are made in the regular course of business but are not made as "records."
See
42 Pa.C.S. §
										6108. The fact that this exception permits
				  the introduction of these items of evidence without affidavit or other evidence of
				  their truth, accuracy, or authenticity does not, of course, preclude the
				  introduction of evidence contradicting them. The exception was deemed necessary
				  because the items of evidence made admissible thereby are probably the proofs most
				  commonly used in minor judiciary proceedings. See Pa.R.Civ.P.M.D.J. 350(d)(2) for
				  additional exceptions applicable to appeals from automated work zone speed
				  enforcement violations and from civil violations for passing a stopped school bus
				  with flashing red signal lights and an activated side stop signal arm.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 322 - Judgment

Current through Register Vol. 54, No. 28, July 13, 2024
Judgment shall be given at the conclusion of the hearing or
				  within five (5) days thereafter and shall be entered on the complaint form. The
				  judgment shall include a separate entry for costs in favor of the party
				  entitled thereto.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 323 - Judgment-Payment in Installments

Current through Register Vol. 54, No. 28, July 13, 2024
The magisterial district judge may in the entry of judgment
				  order the payment of the same in periodic installments that shall not extend
				  beyond 12 months from the date of judgment.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 324 - Notice of Judgment or Dismissal and the Right to Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
A. Upon the entry
				of the judgment, the magisterial district court shall promptly give or mail to
				the parties written notice of judgment or dismissal.
B. The written notice of judgment or
				dismissal shall contain:
(1) notice of the
				right of the parties to appeal, the time within which the appeal must be taken,
				and that the appeal is to the court of common pleas,
(2) notice that, except as otherwise provided
				in the rules, if the judgment holder elects to enter the judgment in the court
				of common pleas, all further process must come from the court of common pleas
				and no further process may be issued by the magisterial district judge,
				and
(3) notice that unless the
				judgment is entered in the court of common pleas anyone interested in the
				judgment may file a request for entry of satisfaction with the magisterial
				district judge if the judgment debtor pays in full, settles, or otherwise
				complies with the judgment.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › SATISFACTION OF MONEY JUDGMENTS › Rule 341 - Request for Entry of Satisfaction; Service; Entry of Satisfaction

Current through Register Vol. 54, No. 28, July 13, 2024
A. If a judgment debtor has paid in full,
				  settled, or otherwise complied with a judgment rendered in a magisterial
				  district court, anyone interested in the judgment may request the entry of
				  satisfaction of the judgment by filing a written request in the office of the
				  magisterial district judge who rendered the judgment.
B. A request for entry of satisfaction by
				  anyone other than the judgment creditor must be served upon the judgment
				  creditor in accordance with the rules in the 300 Series regarding service of
				  the complaint.
C. Within 90 days
				  from the date of service of the request for entry of satisfaction, the judgment
				  creditor shall enter satisfaction in the office of the magisterial district
				  judge in which the request for entry of satisfaction was filed.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › SATISFACTION OF MONEY JUDGMENTS › Rule 342 - Failure of Judgment Creditor to Enter Satisfaction; Supplementary Action

Current through Register Vol. 54, No. 28, July 13, 2024
A. If the judgment
				  creditor does not enter satisfaction within the 90 day period after service of
				  the request as specified in Rule 341C, the judgment debtor may commence a
				  supplementary action for damages by filing a civil complaint in the office of
				  the magisterial district judge in which the request for entry of satisfaction
				  was filed.
B.
(1) Except as provided in subparagraph B(2),
				  upon the filing of a complaint as provided in subdivision A, the action shall
				  proceed as a civil action in accordance with the rules of the 300
				  Series.
(2) No claim under Rule 315
				  will be permitted in a supplementary action filed pursuant to this
				  Rule.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › SATISFACTION OF MONEY JUDGMENTS › Rule 350 - Automated Work Zone Speed Enforcement Violation Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
A. As used in this rule:
(1) "Appellant" means the owner of a vehicle
				  who has requested the appeal of a determination by a hearing officer pursuant
				  to
				  75 Pa.C.S. §
												3369(j)(4).
(2) "Appellee" means the Pennsylvania
				  Department of Transportation, the Pennsylvania Turnpike Commission, or the
				  system administrator designated by those agencies pursuant to
				  75 Pa.C.S. §
												3369(h)(3)(i).
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › SATISFACTION OF MONEY JUDGMENTS › Rule 350 - Appeals from Civil Traffic Violations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As used in this
				  rule:
(1) "Appellant" means the owner of a vehicle
				  who has requested the appeal of a determination by a hearing officer pursuant to 75 Pa.C.S. §
												3369(j)(4), pertaining to automated work zone speed enforcement
				  violations, or 75 Pa.C.S. §
												3345.1(i.4)(4), pertaining to civil violations for
				  passing a stopped school bus with flashing red signal lights and an activated side
				  stop signal arm.
(2) "Appellee"
				  means
:
(i) in matters brought
				  pursuant to 75 Pa.C.S. §
													3369(j)(4), the Pennsylvania Department of
				  Transportation, the Pennsylvania Turnpike Commission, or the system administrator
				  designated by those agencies pursuant to 75 Pa.C.S. §
													3369(h)(3)(i);
				  or
(ii) in matters brought pursuant to
				  75 Pa.C.S. §
													3345.1(i.4)(4), a school entity, as defined in 75 Pa.C.S. §
													3345.1(m), or a system administrator that has entered into an agreement with the
				  school entity pursuant to 75 Pa.C.S. §
													3345.1(g).
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › SATISFACTION OF MONEY JUDGMENTS › Rule 351 - Action to Contest Civil Liability for Passing a School Bus with Flashing Red Lights and an Activated Side Stop Signal Arm; Failure to Respond to a Notice of Violation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As
				  used in this rule:
(1) "Vehicle owner" means
				  the owner of a vehicle alleged to have violated
				  75 Pa.C.S. §
												3345,
				  relating to enforcement of failure to stop for a school bus with flashing red
				  lights and an activated side stop signal arm, brought pursuant to
				  75 Pa.C.S. §
												3345.1.
(2) "Police department" means the police
				  department issuing the notice of violation of
				  75 Pa.C.S. §
												3345,
				  relating to enforcement of failure to stop for a school bus with flashing red
				  lights and an activated side stop signal arm, brought pursuant to
				  75 Pa.C.S. §
												3345.1.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › SATISFACTION OF MONEY JUDGMENTS › Rule 381 - 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 the civil action are suspended to the extent of such
					 inconsistency.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › SATISFACTION OF MONEY JUDGMENTS › Rule 382 - 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:
(1) Any Act of
				  Assembly providing for special venue in certain types of cases, except that
				  with respect to actions before magisterial district judges "magisterial
				  district" shall be substituted for "county" when the latter word is used in
				  such an act designating venue.
(2)
				  Any Act of Assembly providing for service upon a statutory agent.
(3) Any Act of Assembly creating or defining
				  a right of action in trespass or assumpsit, whether or not described in those
				  terms, or dealing with damages therefor, except insofar as such an act may
				  provide for procedure.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 401 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter:
(1)
Plaintiff
-The holder of
				the judgment.
(2)
Defendant
-A party against whom the judgment has been
				rendered.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 401.1 - Assignment of Judgment; Parties

Current through Register Vol. 54, No. 28, July 13, 2024
If the judgment has been assigned, upon request of the real
				  party in interest the magisterial district judge shall:
(1) Cause a docket entry to be made
				indicating the assignment and the name of the original plaintiff and the name
				of the real party in interest.
(2)
				Issue an amended notice of judgment indicating the assignment and the name of
				the original plaintiff and the name of the real party in interest.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 402 - Request for Order of Execution. Entry of Judgment in Court of Common Pleas or Philadelphia Municipal Court

Current through Register Vol. 54, No. 28, July 13, 2024
A.
(1)
				Execution of a judgment for the payment of money rendered by a magisterial
				district judge may be ordered by a magisterial district judge in whose office
				the judgment was rendered or entered, provided the plaintiff files in that
				office
(a) not before the expiration of 30
				days from the date the judgment is entered by the magisterial district judge,
				and
(b) within five years of that
				date, a request for an order of execution.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 403 - Issuance and Reissuance of Order of Execution

Current through Register Vol. 54, No. 28, July 13, 2024
A. Upon the filing of the request form, the
				magisterial district judge shall note on the form the time and date of its
				filing and shall issue the order of execution thereon. The magisterial district
				judge shall deliver the order of execution for service and execution to the
				sheriff of, or any certified constable in, the county in which the office of
				the magisterial district judge issuing the order is situated. If this service
				is not available to the magisterial district judge, service may be made by any
				certified constable of the Commonwealth.
B.
(1) Upon
				written request filed by the plaintiff within five years from the date of entry
				of the judgment, an order of execution shall be reissued at any time, and any
				number of times.
(2) If an order of
				execution is superseded by an appeal, writ of certiorari, supersedeas, or a
				stay pursuant to a bankruptcy proceeding or other federal or state law, 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 plaintiff wishes to
				proceed with the order of execution, the plaintiff must file with the
				magisterial district judge a written request for reissuance of the order of
				execution in accordance with subparagraph (1).
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 404 - Notation of Time of Receipt

Current through Register Vol. 54, No. 28, July 13, 2024
The sheriff or certified constable receiving the order shall
				  note upon the form the date and time that it was received.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 405 - Service of Order of Execution

Current through Register Vol. 54, No. 28, July 13, 2024
A. Service of the order of execution shall be
				made by the sheriff of, or any certified constable in, the county in which the
				office of the magisterial district judge is situated by levy within 60 days of
				the issuance or reissuance of the order. If this service is not available to
				the magisterial district judge, service may be made by any certified constable
				of the Commonwealth.
B. At the time
				of the levy, the officer executing the order of execution shall give the
				defendant a copy of the order or leave it at the place of levy, but if the
				place of levy is not the defendant's residence or usual place of business and
				the defendant has not been given a copy of the order the copy shall be mailed
				to the last known address of the defendant. If the levy is made upon property
				of the defendant in the possession of another person, a copy of the order shall
				similarly be made available to that person as well as to the
				defendant.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 406 - Property Subject to Levy

Current through Register Vol. 54, No. 28, July 13, 2024
The levy pursuant to the order of execution issued by the
				  magisterial district judge shall be made only upon tangible, nonperishable
				  personal property of the defendant. The levy may be made upon any such property
				  within the county wherein the order is issued.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 407 - General Monetary Exemption

Current through Register Vol. 54, No. 28, July 13, 2024
A defendant may claim his statutory exemption in kind or in
				  cash at any time before the date of the sale by notifying the officer executing
				  the order of his claim and, if the exemption is claimed in kind, by designating
				  the specific items of property which he elects to remain as exempt. Failure of
				  the defendant to claim his statutory exemption shall not constitute a waiver
				  thereof.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 408 - Setting Aside Exempt Property

Current through Register Vol. 54, No. 28, July 13, 2024
A. Upon receipt of a claim for exemption in
				kind, the officer executing the order shall set aside from the designated
				property enough thereof as appraised by him to equal the value of the exemption
				unless the property is incapable of division. In the event of failure of the
				defendant to claim his statutory exemption, the executing officer shall
				similarly choose, appraise and set aside property in kind.
B. If the executing officer cannot set aside
				property in kind because the property in his hands is not capable of
				appropriate division, he shall set aside from the proceeds of the sale and pay
				to the defendant in cash the amount of his statutory exemption.
C. The defendant, or any party in interest,
				may appeal to the magisterial district judge who issued the order of execution
				from any appraisal or designation of property made by the executing officer,
				provided the appeal is made within two (2) days after the appraisal or
				designation; but the plaintiff may appeal at any time before the sale from a
				setting aside of property by the executing officer on the ground that it is
				excessive or illegal.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 410 - Stay of Execution Generally

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Execution shall be stayed as to the
				property of the defendant upon the occurrence of any of the following:
(1) Upon written request of the plaintiff to
				the magisterial district court.
(2)
				Upon the entry of a bond with the magisterial district court by any person or
				party in interest, with security approved by the magisterial district judge, in
				the amount of the plaintiff's judgment, including probable interest and costs,
				or in such lesser amount as the magisterial district judge may direct, naming
				the Commonwealth of Pennsylvania as the obligee, and conditioned to pay the
				amount due within 90 days of the entry of the bond, unless the time for payment
				is extended by the magisterial district judge.
(3) Upon request of the defendant or party in
				interest to the magisterial district court made in compliance with federal or
				state law.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 411 - Right of Executing Officer to Break and Enter

Current through Register Vol. 54, No. 28, July 13, 2024
The officer executing the order, after having made a levy
				  upon any personal property, may enter the place or building in which the goods
				  are contained either peaceably or by breaking in by force for the purpose of
				  taking manual possession of or selling the property levied upon. No bond shall
				  be required of the plaintiff by the executing officer.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 412 - Notice of Sale

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
(1) The executing officer shall give notice
				of the sale of personal property at least six days prior to the sale.
(2) The executing officer shall give notice
				of the sale in the following manner:
(a) By
				handbill posted in the magisterial district court from which the order of
				execution issued and, if different from the court from which the order issued,
				in the magisterial district court in the magisterial district in which the
				place of the sale is located.
(b)
				By handbill posted at the place of sale and, if different from the place of
				sale, at the place of levy.
(c) By
				mailing a copy of the handbill to the plaintiff and to the defendant at his or
				her last known address.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 413 - Objections to Levy and Property Claims

Current through Register Vol. 54, No. 28, July 13, 2024
If before the sale:
(1) the defendant files in the office of the
				magisterial district judge from whose office the order of execution issued an
				objection to the levy on the ground that it is illegal or is excessive compared
				to the amount of the judgment, interest and probable costs, or
(2) a third party files in the office of the
				magisterial district judge a claim to all or part of the property levied upon
				the magisterial district judge shall stay the sale of property affected by the
				objection or claim pending a determination under Rule 420.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 414 - Plaintiff as Purchaser

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever personal property sold on execution is purchased by
				  a plaintiff entitled to receive all or part of the proceeds of the sale, the
				  officer executing the order, upon proof of that fact, shall accept on account
				  of the purchase price the receipt of the plaintiff up to the amount of the
				  proceeds to which he is entitled.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 415 - Transfer of Property to Purchaser

Current through Register Vol. 54, No. 28, July 13, 2024
When the officer executing the order sells personal property
				  in execution, he shall upon request of the purchaser execute and deliver to the
				  purchaser a bill of sale setting forth the caption of the case and a
				  description of the property.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 416 - Distribution of Proceeds. Priorities

Current through Register Vol. 54, No. 28, July 13, 2024
A. Not later than five days after the sale of
				personal property the officer executing the order shall prepare a proposed
				schedule of distribution of the proceeds of sale which shall be kept on file in
				the office of the magisterial district judge from which the order issued and
				shall be available for inspection. No schedule of distribution need be filed
				when the property is sold to the plaintiff for costs only.
B. When a receipt of the plaintiff has been
				accepted on account of the purchase price, the schedule shall set forth the
				plaintiff's name and address, the amount of the judgment and the amount of
				credit claimed or allowed upon the purchase price.
C. Unless written exceptions are filed in the
				office of the magisterial district judge from which the order issued not later
				than ten days after the filing of the proposed schedule of distribution, the
				officer executing the order shall distribute the proceeds of the sale directly
				to the party or parties entitled to receive the proceeds in accordance with the
				proposed schedule.
D. When levies
				are made against the same property by one or more executing officers under
				orders of execution issued at the request of separate plaintiffs, priority of
				distribution of the proceeds of the sale as between such plaintiffs shall be
				determined by the time their respective requests for orders of execution or
				reissuance thereof were filed in the office of the issuing magisterial district
				judge.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 417 - Officer's Expenses and Fees

Current through Register Vol. 54, No. 28, July 13, 2024
The plaintiff shall pay expenses and fees of execution
				  promptly upon demand of the executing officer, but before service of the order
				  of execution the executing officer may require the plaintiff to pay in advance
				  only expenses and fees incident to levy. Expenses and fees of execution paid by
				  the plaintiff shall be deemed taxable costs for refund to him from the proceeds
				  of any sale.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 418 - Abandonment of Levy for Inability to Hold Sale

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Except as otherwise provided in paragraph
				(B), the officer executing the order shall abandon the levy if sale of the
				property levied upon is not held within three months after the levy.
(B) Periods during which sale is stayed under
				any provision of these rules shall be excluded in computing the three month
				period provided in paragraph (A), but in all cases the officer executing the
				order shall abandon the levy if sale of the property levied upon is not held
				within six months.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 419 - Officer's Return

Current through Register Vol. 54, No. 28, July 13, 2024
The officer executing the order shall make a return on the
				  order of execution form. The return shall show:
(1) The date, time and place of any
				levy.
(2) His appraisal of the
				value of any property set aside as exempt property.
(3) The date, time and place of any
				sale.
(4) The proceeds received
				from any sale, specifying any sale on receipt to the plaintiff.
(5) His expenses and fees.
(6) Any distribution made by him.
(7) If no levy upon property of the defendant
				could be made, or if the levy was abandoned, the reasons therefor; or that the
				order was returned unexecuted for nonpayment of expenses and fees.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 420 - Determination of Property Claims and Disputes

Current through Register Vol. 54, No. 28, July 13, 2024
A. The magisterial district judge from whose
				office the order of execution issued shall hear and determine the following
				matters:
(1) An appeal made in accordance
				with Rule 408C from an appraisal, designation or setting aside of property by
				the officer executing the order.
(2) Any objection by the defendant to the
				levy on the ground that it is illegal or excessive which was filed in
				accordance with Rule 413.
(3)
				Claims of third parties to the property levied upon which were filed in
				accordance with Rule 413.
(4)
				Exceptions to the proposed distribution filed in accordance with Rule
				416C.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 421 - Time for Hearing and Determination; Effective Date of Orders and Determination

Current through Register Vol. 54, No. 28, July 13, 2024
A.
				The magisterial district judge shall hold hearings on matters to be determined
				under Rule 420 not later than five days after they are filed, and shall notify
				all parties in interest of the date and time of the hearing by telephone or
				other timely means of communication. The magisterial district judge shall enter
				a determination not later than three days after the hearing.
B. The magisterial district court shall
				promptly give or mail to the parties written notice of the determination.
				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.
C. Rescinded.
D. Any stay of the whole or part of the
				execution proceedings ordered by the magisterial district judge shall be
				effective immediately. All other orders and determinations with respect to the
				whole or part of the execution proceedings shall not take effect until after
				the expiration of ten days from the date of entry of the order or
				determination.
The form to be used for the Notice required by Rule 421 shall
				  be in substantially the following form:
Notice
PLAINTIFF _______________ v. DEFENDANT
				  _______________
This is to notify you that in the above case:
Docket No. ______________ the following decision was
				  made:
You have the right to file a Statement of Objection within
				  ten (10) days from __________________ The Statement of Objection must be filed
				  with the Court of Common Pleas of _________________ County on a form available
				  at any Magisterial District Court or from the Prothonotary at:
_____________________________________________________
Courthouse Address
_____________________________________________________
Date of Decision Magisterial District Judge
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 481 - Acts of Assembly Suspended

Current through Register Vol. 54, No. 28, July 13, 2024
All Acts of Assembly or parts thereof inconsistent with the
				  execution rules in this chapter are suspended to the extent of such
				  inconsistency.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY › Rule 482 - 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:
(1) The Uniform
				Commercial Code, as revised and reenacted by the Act of October 2, 1959, P. L.
				1023,
				13 Pa.C.S. §
										1101 et
				seq.
(2) Section 9 of the Act of
				June 7, 1887, P. L. 365,
				15
				P. S. §
										12009.
(3) Section 3377 of the Probate, Estates and
				Fiduciaries Code,
				20 Pa.C.S. §
										3377.
(4) Sections 9 and 10 of the Act of May 21,
				1921, P. L. 1045, No. 379,
				39
				P. S. §§
										359,
				360.
(5) Section 1 of the Act of May 24, 1933, P.
				L. 987,
				40
				P. S. §
										117.
(6) Section 1516 of the Judicial Code,
				42 Pa.C.S. §
										1516.
(7) Section 8151 of the Judicial Code,
				42 Pa.C.S. §
										8151, added
				by § 10(96) of the Judiciary Act Repealer Act, Act of April 28, 1978, P. L. No.
				53.
(8) Section 21 of the Act of
				April 6, 1937, P. L. 200,
				63
				P. S. §
										281-21.
(9) Section 83 of the Act of June 16, 1936,
				P. L. 755,
				68
				P. S. §
										321; Section 1 of the Act of May 7,
				1929, P. L. 1589, as amended by § 1 of the Act of June 22, 1931, P. L. 889,
				68
				P. S. §
										322.
(10) Sections 1114 and 1116(b) of the Vehicle
				Code,
				75 Pa.C.S. §§
										1114 and
				1116(b).
(11) Any Act of Assembly providing immunity
				or exemption of property from execution.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 501 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter:
(1) "Action" means an action by a landlord
				against a tenant for the recovery of possession of real property brought before
				a magisterial district judge.
(2)
				"Complaint" shall include, where applicable, the attached and completed
				Recovery of Real Property Hearing Notice form.
(3) "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 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 502 - Venue. Commencement of the Action

Current through Register Vol. 54, No. 28, July 13, 2024
A. The action may be brought in and only in
				the magisterial district where the whole or part of the real property
				possession of which is sought to be recovered is located.
B. The action shall be commenced by the
				filing of a complaint.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 503 - Form of Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
A. The
				complaint shall be made in writing on a form prescribed by the State Court
				Administrator.
B. The complaint
				shall set forth:
(1) The names and addresses
				of the parties.
(2) The location
				and the address, if any, of the real property possession of which is sought to
				be recovered.
(3) That the landlord
				of that property is the plaintiff in the action.
(4) That the landlord leased or rented the
				property to the tenant or to some other person under whom the tenant
				claims.
(5) That notice to remove
				was given to the tenant in accordance with law, or that no notice was required
				under the terms of the lease.
(6)
				That-
(a) the term for which the property was
				leased or rented is fully ended, or
(b) a forfeiture has resulted by reason of a
				breach of the conditions of the lease, or
(c) rent reserved and due has, upon demand,
				remained unsatisfied.
(7)
				That the tenant retains the real property and refuses to give up possession of
				the property.
(8) The amount of
				rent, if any, that remains due and unpaid on the date the complaint is filed
				and whatever additional rent shall remain due and unpaid at the date of the
				hearing, and the amount of damages, if any, claimed for injury to or unjust
				detention of the real property.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY › Rule 504 - Setting the Date for Hearing; Delivery for Service

Current through Register Vol. 54, No. 28, July 13, 2024
The magisterial district judge, at the time the complaint is
				  filed, shall:
(1) Set a hearing date
				that shall be not less than seven or more than fifteen days from the date the
				complaint is filed.
(2) Insert the
				hearing time and date and the address of the magisterial district judge's
				magisterial district in the complaint form.
(3) Deliver a copy of the complaint form with
				hearing time and date thereon to the landlord or the landlord's
				agent.
(4) Deliver a copy of the
				complaint form with hearing time and date thereon for service as hereinafter
				set forth, which copy shall contain the following notice:
(a) If you have a defense to this complaint,
				you may present it at the hearing.
(b) If you have a claim against the landlord
				arising out of the occupancy of the premises, which is within magisterial
				district court jurisdiction and which you intend to assert at the hearing, you
				must file it on a complaint form at this office before the time set for the
				hearing.
(c) IF YOU DO NOT APPEAR
				AT THE HEARING, a judgment for possession and costs, and for damages and rent
				if claimed, may nevertheless be entered against you. A judgment against you for
				possession may result in YOUR EVICTION from the premises.