Title 246 Pa. Code — Minor Court Civil Rules

Part I GENERAL

Chapter 100 RULES AND STANDARDS WITH RESPECT TO OFFICES OF MAGISTERIAL DISTRICT JUDGES

246 Pa. Code Rule 101 Establishment of Offices. Minimum Office Standards. {#sec-rule-101 omnilex-key=us-pa-regs-official--title-246--Rule 101}

A. The governing body of the county shall establish an office or offices for each magisterial district judge whose magisterial district is situated in the county at such locations within the county as may be approved by the president judge of the court of common pleas of the judicial district which includes the county. The governing body shall insofar as possible insure that each office meets the following minimum standards:

(1) The principal office should be located in a place convenient to the public and which will allow the business of the office to be conducted with dignity, decorum and dispatch.

(2) Such office shall not be located in or appurtenant to the residence or place of business of the magisterial district judge. It shall have a hearing room and such other rooms as may be necessary, and shall be provided with necessary furniture and equipment.

(3) A magisterial district judge shall be provided with such staff, forms, supplies and equipment as shall be necessary for the proper performance of his or her duties. To maintain the dignity of the office, he or she shall be provided with judicial robes.

(B) The office of a magisterial district judge may be located outside of the boundaries of the magisterial district from which the judge is elected, upon petition of the president judge of the judicial district, provided:

(1) The magisterial district in which the office is located adjoins the magisterial district from which the judge is elected;

(2) Relocation of the office would not cause inconvenience or confusion to the public or to law enforcement;

(3) The president judge certifies that the proposed location is more suitable or affordable than the facilities that are available within the magisterial district from which the judge is elected; and

(4) Approval for the relocation has been granted by the Supreme Court.

(C) Petitions for approval of a relocation of a magisterial district judge’s office outside of the magisterial district from which he or she has been elected shall be forwarded to the Court Administrator of Pennsylvania and shall provide information to determine whether the conditions for approval have been satisfied. If the Court Administrator determines that the requirements are met, the petition will be forwarded to the Supreme Court for consideration.

Consolidated districts must provide separate courtrooms and facilities for separate staff of the magisterial districts that have been consolidated. Districts must comply with standards published by the Administrative Office of Pennsylvania Courts for magisterial district courtrooms. Petitions for relocation must be published for public comment and hearing before the petition is submitted to the Court Administrator.

The provisions of this Rule 101 amended November 21, 1975, 5 Pa.B. 3020; amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended August 5, 2014, effective September 4, 2014, 44 Pa.B. 5564. Immediately preceding text appears at serial page (348672).

History

• Source: The provisions of this Rule 114 adopted February 18, 2010, effective March 20, 2010, 40 Pa.B. 1146; reserved September 18, 2014, effective December 1, 2014, 44 Pa.B. 6205. Immediately preceding text appears at serial page (373486).

246 Pa. Code Rule 102 Implementation Committees. {#sec-rule-102 omnilex-key=us-pa-regs-official--title-246--Rule 102}

The president judge of the court of common pleas of each judicial district may establish one or more continuing committees to make recommendations concerning the implementation of these rules.

The provisions of this Rule 102 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (31593).

History

• Source: The provisions of this Rule 114 adopted February 18, 2010, effective March 20, 2010, 40 Pa.B. 1146; reserved September 18, 2014, effective December 1, 2014, 44 Pa.B. 6205. Immediately preceding text appears at serial page (373486).

246 Pa. Code Rule 103 [Rescinded]. {#sec-rule-103 omnilex-key=us-pa-regs-official--title-246--Rule 103}

Provisions of former Rule 103 were incorporated in Pa.R.J.A. No. 605.

The provisions of this Rule 103 rescinded April 14, 2021, effective immediately, 51 Pa.B. 2261. Immediately preceding text appears at serial pages (381099).

History

• Source: The provisions of this Rule 114 adopted February 18, 2010, effective March 20, 2010, 40 Pa.B. 1146; reserved September 18, 2014, effective December 1, 2014, 44 Pa.B. 6205. Immediately preceding text appears at serial page (373486).

246 Pa. Code Rule 110 Bonds of Magisterial District Judges. {#sec-rule-110 omnilex-key=us-pa-regs-official--title-246--Rule 110}

Each magisterial district judge is required to give bond in such sum, not less than $25,000, as shall be directed by the president judge of the court of common pleas of the judicial district in which is located the magisterial district of the magisterial district judge, with one or more sufficient sureties. The bond shall be lodged with the prothonotary of the court of common pleas, be conditioned on the faithful application of all moneys that come into the hands of the magisterial district judge as an officer, and be for the benefit of the Commonwealth and its political subdivisions and all persons who may sustain injury from the magisterial district judge in his or her official capacity.

Official Note

This rule sets forth only the minimum bond amount for each magisterial district judge. The amount of money collected by the district courts varies greatly however, and the president judge is free to require higher bond amounts for some or all of the courts in the judicial district.

The provisions of this Rule 110 amended December 3, 1973, 4 Pa.B. 37, effective immediately; amended October 27, 2005, effective January 1, 2006, 35 Pa.B. 6228. Immediately preceding text appears at serial page (309505).

History

• Source: The provisions of this Rule 114 adopted February 18, 2010, effective March 20, 2010, 40 Pa.B. 1146; reserved September 18, 2014, effective December 1, 2014, 44 Pa.B. 6205. Immediately preceding text appears at serial page (373486).

246 Pa. Code Rule 111 Seal. {#sec-rule-111 omnilex-key=us-pa-regs-official--title-246--Rule 111}

A. Each magisterial district shall have and use a seal, which shall be in the custody of the magisterial district judge elected or appointed for the magisterial district. The official acts of the magisterial district judge shall be authenticated therewith. There shall be engraved on the seal the same device as is engraved on the great seal of the State, and the words ‘‘Commonwealth of Pennsylvania,’’ the name of the county, the number of the magisterial district, and the words ‘‘Magisterial District Judge.’’

B. A facsimile or preprinted seal may be used for all purposes in lieu of the original seal.

Official Note

This rule was amended in 2003 to provide for the use of a facsimile or preprinted seal for all purposes in lieu of an original seal. See 42 Pa.C.S. § 1512.

The provisions of this Rule 111 adopted November 28, 1969, effective January 1, 1970; amended April 15, 2003, effective January 1, 2004, 33 Pa.B. 2167. Immediately preceding text appears at serial page (281645).

History

• Source: The provisions of this Rule 114 adopted February 18, 2010, effective March 20, 2010, 40 Pa.B. 1146; reserved September 18, 2014, effective December 1, 2014, 44 Pa.B. 6205. Immediately preceding text appears at serial page (373486).

246 Pa. Code Rule 112 Availability and Temporary Assignments of Magisterial District Judges. {#sec-rule-112 omnilex-key=us-pa-regs-official--title-246--Rule 112}

A. The president judge of each judicial district shall be responsible for ensuring the availability during regular business hours within the judicial district of at least one magisterial district judge to handle matters requiring attention in civil and possessory actions.

B.(1) The president judge or his or her designee may assign temporarily the magisterial district judge of any magisterial district to serve another magisterial district whenever such assignment is needed:

(a) To satisfy the requirements of paragraph A.

(b) When a magisterial district judge has disqualified himself or herself either at the request of a party or sua sponte.

(c) To otherwise provide for the efficient administration of justice.

(2) Whenever a temporary assignment is made under this rule, notice of such assignment shall be conspicuously posted in all magisterial district courts affected by the temporary assignment.

(3) A magisterial district judge temporarily assigned under this rule shall have the jurisdiction and authority of the office the duties of which he or she is temporarily performing and may continue to exercise jurisdiction and authority in his or her own magisterial district.

Official Note

This rule was amended in 2007 to further provide for availability and temporary assignment of magisterial district judges in civil and possessory actions similar to that provided for in criminal matters. See Pa.R.Crim.P. 117. Nothing in this rule is intended to affect or conflict with the temporary assignment or coverage requirements for criminal matters as specified in the Rules of Criminal Procedure. Unlike the criminal coverage rules, paragraph A of this rule is intended to provide for availability only during regular business hours. None of the matters contemplated under paragraph A would require after-hours coverage.

This rule is not intended to affect the availability requirements for emergency relief under the Protection From Abuse Act or 42 Pa.C.S. § § 62A01—62A20. See Pa.R.C.P.M.D.J. Nos. 1201—1211. In addition, the court of common pleas of each judicial district is responsible to ensure that a judge or magisterial district judge ‘‘is available on a 24-hour-a-day, 365-day-a-year basis to accept and decide on petitions for an emergency court order under’’ the Older Adult Protective Services Act. 35 P.S. § 10225.307(a). Actions commenced under the Older Adult Protective Services Act are governed by statute and local procedures, not by these rules.

Examples of matters contemplated under paragraph A that may require the attention of a magisterial district judge include the issuance of orders of execution under Pa.R.C.P.M.D.J. No. 403, stays of execution under Pa.R.C.P.M.D.J. Nos. 410 and 413, and orders for possession under Pa.R.C.P.M.D.J. No. 516, so that such matters are handled in a timely manner even in the absence of the magisterial district judge to whom the case would ordinarily be assigned. Litigants may be required to wait a reasonable period of time for a magisterial district judge to complete an arraignment, hearing, or trial. It is expected that the president judge will continue the established procedures in the judicial district or establish new procedures to ensure sufficient availability of magisterial district judges consistent with paragraph A.

Under paragraph B, one or more magisterial district judges may be temporarily assigned to serve one or more magisterial districts.

Clause B(1)(b) makes explicit the authority of the president judge to temporarily assign a magisterial district judge when another magisterial district judge has disqualified himself or herself from hearing a matter. Disqualification may occur upon the request of a party or sua sponte. See Rule 2.11 of the Rules Governing Standards of Conduct of Magisterial District Judges. As with all judicial officers, a request for disqualification must be made directly to the magisterial district judge.

See Pa. Const. art. V, § 10(a). This rule does not provide for temporary assignments of senior magisterial district judges by president judges. See also Rule 605 of the Pennsylvania Rules of Judicial Administration. Nothing in this rule is intended to conflict with Pa.R.J.A. No. 605.

The provisions of this Rule 112 amended November 21, 1975, 5 Pa.B. 3020; amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended March 6, 2001, effective April 1, 2001, 31 Pa.B. 1556; amended April 18, 2007, effective May 18, 2007, 37 Pa.B. 2092; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended April 29, 2016, effective immediately, 46 Pa.B. 2412. Immediately preceding text appears at serial pages (373484) and (378013).

History

• Source: The provisions of this Rule 114 adopted February 18, 2010, effective March 20, 2010, 40 Pa.B. 1146; reserved September 18, 2014, effective December 1, 2014, 44 Pa.B. 6205. Immediately preceding text appears at serial page (373486).

246 Pa. Code Rule 113 Use of Facsimile Signature. {#sec-rule-113 omnilex-key=us-pa-regs-official--title-246--Rule 113}

A magisterial district judge may authorize the use of a facsimile signature in lieu of an original signature on certain documents listed by the Administrative Office of Pennsylvania Courts. Such list shall be maintained by the Administrative Office of Pennsylvania Courts. All documents not so designated and maintained by the Administrative Office of Pennsylvania Courts shall require an original signature.

The provisions of this Rule 113 adopted May 3, 1999, effective immediately, 29 Pa.B. 3198; amended July 23, 2001, effective September 1, 2001, 31 Pa.B. 4391. Immediately preceding text appears at serial pages (276431) to (276432).

History

• Source: The provisions of this Rule 114 adopted February 18, 2010, effective March 20, 2010, 40 Pa.B. 1146; reserved September 18, 2014, effective December 1, 2014, 44 Pa.B. 6205. Immediately preceding text appears at serial page (373486).

Chapter 200 RULES OF CONSTRUCTION; GENERAL PROVISIONS

246 Pa. Code Rule 201 Citation of Rules. {#sec-rule-201 omnilex-key=us-pa-regs-official--title-246--Rule 201}

These rules shall be known as the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings Before Magisterial District Judges and may be cited as ‘‘ Pa.R.Civ.P.M.D.J.

History

• Source: The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

246 Pa. Code Rule 202 Definitions. {#sec-rule-202 omnilex-key=us-pa-regs-official--title-246--Rule 202}

As used in these rules, the following words and phrases shall have the following meanings unless the context clearly indicates otherwise or the particular word or phrase is expressly defined in the chapter in which the particular rule is included:

‘‘adult’’ means an individual eighteen years of age or older;

‘‘advanced communication technology’’ is any communication equipment that is used as a link between parties in physically separate locations.

‘‘attorney at law’’ means an individual admitted to practice law by the Supreme Court of Pennsylvania;

‘‘attorney of record’’ means an attorney at law who has filed a written document in accordance with Rule 207.1 as appearing for and representing a party in a legal proceeding;

‘‘competent adult’’ means an individual eighteen years of age or older who is (1) not an incapacitated person, (2) not a party to the action, and (3) not an employee or a relative of a party;

‘‘constable’’ means a certified constable or a certified deputy constable;

‘‘magisterial district judge’’ means the magisterial district judge before whom the action or proceeding is pending;

‘‘incapacitated person’’ means an incapacitated person as that term is defined under 20 Pa.C.S. § 5501 (relating to meaning of incapacitated person);

‘‘prothonotary’’ includes any officer exercising the powers and performing the duties of the office of prothonotary as set forth in the Judicial Code, and includes the analogous officer in those counties which do not have a prothonotary;

‘‘sheriff’’ includes a deputy sheriff;

‘‘subpoena’’ means an order of the magisterial district judge commanding a person to attend and testify at a particular time and place; it may also require the person to produce documents or things which are under the possession, custody, or control of that person;

‘‘verified,’’ when used in reference to a written statement of fact by the signer, means supported by oath or affirmation or made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Official Note

Justices of the peace are now statutorily known as ‘‘magisterial district judges.’’ See 42 Pa.C.S. § 102 and 42 P.S. § 20003(d). As to magisterial district judges’ civil jurisdiction, see 42 Pa.C.S. § 1515(a). The definitions of ‘‘sheriff’’ and ‘‘constable’’ include their deputies. As to deputy sheriffs, see 16 P.S. § § 1202 and 4202. As to deputy constables, see 13 P.S. § § 21—23. As to certification of constables and deputy constables, see 42 Pa.C.S. § 2942.

The provisions of this Rule 202 amended and effective December 1, 1983, 13 Pa.B. 3875; amended July 16, 2001, effective August 1, 2001, 31 Pa.B. 4055; amended September 3, 2003, effective January 1, 2004, 33 Pa.B. 4663; amended June 1, 2006, effective October 1, 2006, 36 Pa.B. 2955; amended October 8, 2008, effective November 1, 2008, 38 Pa.B. 5843. Immediately preceding text appears at serial pages (319873) to (319874).

History

• Source: The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

246 Pa. Code Rule 203 Computation of Time. {#sec-rule-203 omnilex-key=us-pa-regs-official--title-246--Rule 203}

A. When any period of time is referred to in any rule, such period in all cases, except as otherwise provided in subdivision B of this rule, shall be so computed as to exclude the first and include the last day of such period. Whenever the last day of any such period shall fall on Saturday or Sunday, or on any day made a legal holiday by the laws of this Commonwealth or of the United States, such day shall be omitted from the computation.

B. Whenever in any rule the lapse of a number of months after a certain day is required, such number of months shall be computed by counting the months from such day, excluding the calendar month in which such day occurs, and shall include the day of the month in the last month so counted having the same numerical order as the day of the month from which the computation is made, unless there are not so many days in the last month so counted, in which case the period computed shall expire with the last day of such month.

Official Note

This rule is derived from Pa.R.C.P. Nos. 106 and 108.

History

• Source: The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

246 Pa. Code Rule 204 Purpose and Construction of Rules. {#sec-rule-204 omnilex-key=us-pa-regs-official--title-246--Rule 204}

(a) Purpose. The purpose and intent of these rules is to provide a complete and exclusive procedure for every action or proceeding to which they are applicable.

(b) Construction. In the construction of the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings Before Magisterial District Judges, the principles set forth in Pa.R.J.A. 104 to 115 shall be observed.

This rule sets forth the general purpose and intent to make mandatory the use of the procedures prescribed in these rules.

The provisions of this Rule 204 amended June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266; amended November 3, 2023, effective January 1, 2024, 53 Pa.B. 7170. Immediately preceding text appears at serial page (390287).

History

• Source: The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

246 Pa. Code Rule 205 Record of Proceedings. Transcript of Record. {#sec-rule-205 omnilex-key=us-pa-regs-official--title-246--Rule 205}

A. A record of any proceedings before a magisterial district judge, including proof of service, returns, entry of judgment and other matters, appearing on a form prescribed by the State Court Administrator shall for all purposes be considered to be a sufficient record of those proceedings.

B. A copy of any such record appearing on such a form, certified to be a true copy by the magisterial district judge in whose office the record is on file or by any other official custodian of the record, shall for all purposes be considered to be a sufficient transcript of the record, including any judgment, order or other disposition contained therein.

C. Any Act of Assembly or part thereof inconsistent with this rule is suspended, to the extent of such inconsistency.

Official Note

Subdivision A defines the contents of records of proceedings before magisterial district judges, which makes use of prescribed forms. Subdivision B provides that certified true copies of these records are sufficient ‘‘transcripts,’’ for whatever purpose the transcript is to be used. Subdivision C suspends inconsistent Acts of Assembly to the extent of their inconsistency.

The provisions of this Rule 205 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43133).

History

• Source: The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

246 Pa. Code Rule 206 Costs. {#sec-rule-206 omnilex-key=us-pa-regs-official--title-246--Rule 206}

(a) Except as otherwise provided by law, the costs for filing and service of the complaint shall be paid at the time of filing.

(b) Except as otherwise provided by subdivision (c) of this rule, the prevailing party in magisterial district court proceedings shall be entitled to recover taxable costs from the unsuccessful party. Such costs shall consist of all filing, personal service, witness, and execution costs authorized by Act of Assembly or general rule and paid by the prevailing party.

(c) Taxable costs on appeal or certiorari shall be paid by the unsuccessful party, and a plaintiff who appeals shall be considered an unsuccessful party if he or she does not obtain on appeal a judgment more favorable than that obtained in the magisterial district court proceeding. A defendant who prevails on certiorari proceedings brought by the defendant or who obtains a favorable judgment upon appeal by either party shall not be liable for costs incurred by the plaintiff in the preceding magisterial district court proceeding and may recover taxable costs in that proceeding from the plaintiff. A plaintiff who is unsuccessful in the magisterial district court proceeding may recover taxable costs in that proceeding from the defendant if the plaintiff is successful on appeal, and in that event the defendant may not recover costs in the magisterial district court proceeding from the plaintiff.

(d) This rule shall apply to all civil actions and proceedings except actions pursuant to the Protection From Abuse Act or 42 Pa.C.S. § § 62A01—62A20.

‘‘Execution’’ costs include those for executing an order for possession. The items constituting taxable costs in appeal or certiorari proceedings will be governed by law or general rule applicable in the court of common pleas.

Under subdivision (b), ‘‘personal service . . . costs’’ refers only to personal service since mail costs are to be borne by the plaintiff in all cases in accordance with 42 Pa.C.S. § 1725.1.

This rule does not provide for the assessment of filing costs against an unsuccessful plaintiff for whom fees and costs were waived pursuant to Pa.R.J.A. 1990 (Application to Waive Fees and Costs (In Forma Pauperis)) and who remains indigent. See Brady v. Ford, 679 A.2d 837 (Pa. Super. 1996).

For special provisions governing actions pursuant to the Protection From Abuse Act, see 23 Pa.C.S. § § 6106(b) and (c). For special provisions governing actions seeking relief for victims of sexual violence or intimidation, see 42 Pa.C.S. § § 62A01—62A20.

The provisions of prior subdivision E relating to petitions to proceed in forma pauperis have been moved to Pa.R.Civ.P.M.D.J. 206.1. See also Pa.R.J.A. 1990 (Application to Waive Fees and Costs (In Forma Pauperis)).

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

Rule 206 governing costs is revised by adding a new subdivision A and designating present subdivisions A and B as subdivisions B and C respectively. New subdivision A states the present practice of requiring the payment of the fees for filing the complaint at the time the action is commenced. The subdivision acknowledges that a statute or the principle of an in forma pauperis may dictate a different practice in a particular case.

New subdivisions B and C incorporate prior subdivision A and B without change except for a corrected cross-reference in subdivision B. There is no change in practice or procedure with respect to costs.

Rule 206 provides for the right to proceed in forma pauperis. Even though the Judicial Code provides for in forma pauperis proceedings for all courts under the Unified Judicial System, such proceedings have never been instituted at the minor courts level. This Rule is substantially identical to Pa.R.C.P. No. 240 and applies to all civil actions and proceedings except for proceedings pursuant to the Protection From Abuse Act.

In addition, the Note to Rule 206 conforms Rule 206 with the provisions of Section 1725.1 of the Judicial Code. Rule 206A provides for the assessment and collection of costs and fees in civil cases, and the Rule sets forth that costs to be recovered by the successful litigant shall include all service costs and fees. Since the Rule was inconsistent with Section 1725.1, which establishes that the cost of postage and registered mail in civil cases shall be borne by the plaintiff, the Note eliminates this inconsistency by specifying that service costs or fees refer only to personal service since mail costs are to be borne by the plaintiff.

Furthermore, the Note provides that District Justices shall accept the Civil Action Complaint without payment of the appropriate filing fees when said complaint is filed with an in forma pauperis petition.

The provisions of this Rule 206 adopted April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended September 18, 1990, effective immediately, 20 Pa.B. 5042; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended November 25, 2002, effective January 1, 2003, 32 Pa.B. 6078; amended October 22, 2009, effective immediately, 39 Pa.B. 6426; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended October 28, 2016, effective December 31, 2016, 46 Pa.B. 7165; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 511; amended April 21, 2026, effective November 1, 2026, 56 Pa.B. 2569. Immediately preceding text appears at serial pages (417129) to (417130) and (390289) to (390291).

History

• Source: The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

246 Pa. Code Rule 206.1 Application to Waive Fees and Costs (In Form Pauperis). {#sec-rule-206.1 omnilex-key=us-pa-regs-official--title-246--Rule 206.1}

(a) Generally. A party who is without financial resources may seek or obtain a waiver of certain fees and costs pursuant to Pa.R.J.A. 1990.

(b) Service Instructions. If a party is permitted to proceed without paying fees and costs pursuant to Pa.R.J.A. 1990, the magisterial district judge shall inform the party of the option to serve the complaint by mail in the manner permitted by these rules .

Pennsylvania Rule of Judicial Administration 1990 (Application to Waive Fees and Costs (In Forma Pauperis)) sets forth the procedure for seeking or obtaining a waiver of the payment of certain fees and costs. See Pa.R.J.A. 1990(b). The eligibility criteria at Pa.R.J.A. 1990(c) should inform the party whether to proceed by application or praecipe.

See Pa.R.Civ.P.M.D.J. 1016, 1018, 1019, and 1020 for procedures to request reconsideration of a determination of a magisterial district judge denying an application to waive fees and costs.

The provisions of this Rule 206.1 added April 21, 2026, effective November 1, 2026, 56 Pa.B. 2569.

History

• Source: The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

246 Pa. Code Rule 207 Representation in Magisterial District Court Proceedings. {#sec-rule-207 omnilex-key=us-pa-regs-official--title-246--Rule 207}

(A) In magisterial district court proceedings:

(1) Individuals may be represented by themselves, by an attorney at law, or by a representative with personal knowledge of the subject matter of the litigation and written authorization from the individual to appear as the individual’s representative.

(2) Partnerships may be represented by an attorney at law, a partner, or by an employee or authorized agent of the partnership with personal knowledge of the subject matter of the litigation and written authorization from a partner to appear as the partnership’s representative.

(3) Corporations or similar entities and unincorporated associations may be represented by an attorney at law, by an officer of the corporation, entity, or association, or by an employee or authorized agent of the corporation, entity, or association with personal knowledge of the subject matter of the litigation and written authorization from an officer of the corporation, entity, or association to appear as its representative.

(B) A representative, employee, or authorized agent:

(1) must provide written verification of personal knowledge of the subject matter of the litigation, and

(2) may take no action on behalf of a party until the written authorization required under paragraph (A)(1), (2), or (3) is filed with the court.

(C) Admission pro hac vice in accordance with Pennsylvania Bar Admission Rule 301 shall proceed by request, the disposition and content of which shall conform with the requirements of Pennsylvania Rule of Civil Procedure 1012.1.

Official Note

This rule is intended to permit a non-lawyer representative, employee, or authorized agent to appear on behalf of an individual, partnership, corporation or similar entity, or unincorporated association, but not to allow a non-lawyer to establish a business for the purpose of representing others in magisterial district court proceedings.

It is intended that the designation of a non-lawyer representative, employee, or authorized agent to represent a party is to apply only on a case-by-case basis. A party may not give blanket authorization for a non-lawyer representative, employee, or authorized agent to represent the party in all cases involving the party.

As to ‘‘personal knowledge of the subject matter of the litigation’’ see Pa.R.E. 602 and Comment.

A bu siness organized as a sole proprietorship may be represented in the same manner as an individual under paragraph (A)(1).

See rules in Chapter 800 as to representation of minors and incapacitated persons by guardians.

To gain admission pro hac vice pursuant to Pa.B.A.R. 301, the applicant must seek administrative approval by the IOlTA Board prior to the sponsor’s request for the applicant’s admission before the magisterial district court. The disposition and content of the request is governed by Pa.R.C.P. No. 1012.1.

The provisions of this Rule 207 adopted September 23, 1985, effective October 12, 1985, 15 Pa.B. 3632; amended June 1, 2006, effective October 1, 2006, 36 Pa.B. 2955; amended September 6, 2013, effective October 7, 2013, 43 Pa.B. 5589; amended December 10, 2013, effective February 10, 2014, 43 Pa.B. 7547. Immediately preceding text appears at serial page (368520).

History

• Source: The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

246 Pa. Code Rule 207.1 Attorney of Record; Notices. {#sec-rule-207.1 omnilex-key=us-pa-regs-official--title-246--Rule 207.1}

(A) An attorney at law shall be deemed the attorney of record for a party if and only if the attorney files with the magisterial district court a written statement acknowledging that he or she represents the party in the proceeding. The written statement must include the attorney’s name, mailing address, and Supreme Court of Pennsylvania attorney identification number.

(B) An attorney of record for a party shall remain the attorney of record for that party until:

(1) the attorney of record gives written notice to the magisterial district court and the party that he or she is withdrawing as the attorney of record for the party, or;

(2) another attorney becomes the attorney of record for the party in accordance with paragraph (A).

(C) Except as otherwise provided in these rules, when a party has an attorney of record or is represented by a non-lawyer representative under Rule 207, and when a rule specifies that a notice is to be given or mailed to the party, a copy of the notice shall also be given or mailed to the attorney of record or the non-lawyer representative.

Official Note

Paragraph (B) provides for the withdrawal of an attorney of record. Nothing in this rule requires leave of court or that another attorney become the attorney of record before an attorney may withdraw. But compare Pa.R.C.P. No. 1012(b). Nothing in paragraph (B) is intended to affect an attorney’s ethical duty to his or her client. See Pennsylvania Rules of Professional Conduct Rule 1.16.

Paragraph (C) makes clear that copies of all notices must be given or mailed to all parties of record as well as to all attorneys of record and non-lawyer representatives.

See Rule 207 regarding the designation and authorization of a non-lawyer representative.

The provisions of this Rule 207.1 adopted June 1, 2006, effective October 1, 2006, 36 Pa.B. 2955.

History

• Source: The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

246 Pa. Code Rule 208 Repealed Acts of Assembly not to Continue as Part of the Common Law. {#sec-rule-208 omnilex-key=us-pa-regs-official--title-246--Rule 208}

No Act of Assembly pertaining to civil practice and procedure before magisterial district judges or to appellate proceedings with respect to judgments and decisions of magisterial district judges in civil matters which was repealed by § 2 of the Judiciary Act Repealer Act, Act of April 28, 1978, P. L. 202, No. 53, shall continue as part of the common law of Pennsylvania under § 3(b) of that Act.

The provisions of this Rule 208 adopted December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875.

History

• Source: The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

246 Pa. Code Rule 209 Continuances and Stays. {#sec-rule-209 omnilex-key=us-pa-regs-official--title-246--Rule 209}

(a) Continuances may be granted for cause or by agreement.

(b) Continuances shall be to a specific time and date. The magisterial district judge shall note continuances on the docket and shall promptly give or mail to the parties written notice of continuances.

(c) Except for good cause shown or agreement of the parties:

(1) not more than one continuance shall be granted to each party; and

(2) the aggregate of all continuances shall not extend the date of the hearing:

(i) beyond 90 days from the date of filing the plaintiff’s complaint in proceedings commenced pursuant to Pa.R.Civ.P.M.D.J. 303; or

(ii) beyond 30 days from the date of filing the landlord’s complaint in proceedings commenced pursuant to Pa.R.Civ.P.M.D.J. 502.

(d) In all proceedings governed by these rules, the following shall constitute cause for granting a continuance:

(1) the scheduling of a party’s attorney of record to appear at any proceeding under the Pennsylvania Rules of Disciplinary Enforcement, whether:

(i) as counsel for a respondent-attorney before a hearing committee, special master, the Disciplinary Board, or the Supreme Court;

(ii) as a special master or member of a hearing committee; or

(iii) as a member of the Disciplinary Board.

(2) the scheduling of a party’s attorney of record to appear at any proceeding involving the discipline of a justice, judge, or magisterial district judge under Section 18 of Article V of the Constitution of Pennsylvania, whether

(i) as counsel for a justice, judge, or magisterial district judge before the special tribunal provided for in 42 Pa.C.S. § 727, the Court of Judicial Discipline, the Judicial Conduct Board, or any hearing committee or other arm of the Judicial Conduct Board; or

(ii) as a member of the Court of Judicial Discipline, the Judicial Conduct Board, or any hearing committee or other arm of the Judicial Conduct Board.

(e) Continuances and stays shall be granted in compliance with federal or state law, such as the Servicemembers Civil Relief Act, 50 U.S.C. § § 3901 et seq.

This rule was amended in 2005 to consolidate the provisions of former Pa.R.Civ.P.M.D.J. 320, relating to continuances in civil actions, and Pa.R.Civ.P.M.D.J. 511, relating to continuances in possessory actions, into one general rule governing continuances. The limitations set forth in subdivision (c) are intended to ensure that these cases proceed expeditiously. The grounds set forth in subdivision (d) and (e) are not intended to be the only grounds on which a continuance will be granted.

Participation in a landlord-tenant mediation program authorized by local rule will not entitle a party to a continuance beyond 30 days from the date the plaintiff filed the complaint unless there has been good cause shown or agreement by the parties. See Pa.R.Civ.P.M.D.J. 504.1 pertaining to landlord-tenant mediation programs authorized by local rule.

The provisions of this Rule 209 adopted March 15, 1994, effective upon publication, 24 Pa.B. 1675; amended December 16, 2004, effective July 1, 2005, 35 Pa.B. 10; amended September 9, 2008, effective October 1, 2008, 38 Pa.B. 5163; amended August 14, 2013, effective in 30 days on September 13, 2013, 43 Pa.B. 4967; amended April 17, 2020, effective September 1, 2020, 50 Pa.B. 2252; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 4491; amended July 31, 2025, effective October 1, 2025, 55 Pa.B. 5859. Immediately preceding text appears at serial pages (419741) to (419742).

History

• Source: The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

246 Pa. Code Rule 210 Practices Prohibited. {#sec-rule-210 omnilex-key=us-pa-regs-official--title-246--Rule 210}

The following practices are specifically prohibited:

(a) The use of depositions or interrogatories for discovery or use at a hearing.

(b) Adding parties after the complaint is filed, except as provided by Pa.R.Civ.P.M.D.J. 513.1.

(c) Attachment proceedings previous to judgment.

(d) Entry of a judgment by warrant of attorney or by confession of judgment.

In keeping with the policy of making the procedures in actions before magisterial district judges as simple and nontechnical as possible and in view of the time limitations imposed elsewhere in these rules, it was thought desirable to prohibit specifically the practices mentioned in the four subdivisions of this rule. See also Pa.R.Civ.P.M.D.J. 204 and 381.

Pa.R.Civ.P.M.D.J. 513.1 permits an individual to file an intervention request in a landlord-tenant action.

The provisions of this Rule 210 renumbered from Rule 325 adopted April 5, 2002, effective January 1, 2003, 32 Pa.B. 2199; amended April 25, 2024, effective January 1, 2025, 54 Pa.B. 2482. Immediately preceding text appears at serial page (404418).

History

• Source: The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

246 Pa. Code Rule 210.1 Ex Parte Communication. {#sec-rule-210.1 omnilex-key=us-pa-regs-official--title-246--Rule 210.1}

(a) Unless otherwise authorized by law or state court rule, no person shall communicate with the magisterial district judge in any way regarding matters pending before the magisterial district judge unless all parties:

(1) are present or have been copied if the communication is written or in electronic form; or

(2) have waived their presence or right to receive the communication.

(b) If the magisterial district judge receives any unauthorized ex parte communication, the magisterial district judge shall inform all parties of the communication and its content.

Generally, communications should include all parties. No unauthorized ex parte communications with the magisterial district judge are to occur. Authorized ex parte communications include those —1211, which are ex parte proceedings. See Pa.R.Civ.P.M.D.J. 1207. Certain ex parte communications for scheduling, administrative, or emergency purposes that do not address substantive matters are permissible. See Rule 2.9(A)(1) of the Rules Governing Standards of Conduct of Magisterial District Judges.

Attorneys are bound by Rule 3.5 of the Rules of Professional Conduct. Magisterial district judges are bound by Rule 2.9 of the Rules Governing Standards of Conduct of Magisterial District Judges.

Attorneys and judges understand the impropriety of ex parte communications regarding matters pending before the magisterial district court but many participants are not attorneys or judges. This rule ensures that all parties receive the same information that is being presented to the magisterial district judge so that it may be challenged or supplemented.made in connection with proceedings for emergency protective orders, i.e., Pa.R.Civ.P.M.D.J. 1201

The provisions of this Rule 210.1 added December 1, 2025, effective April 1, 2026, 55 Pa.B. 8362.

History

• Source: The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

246 Pa. Code Rule 211 Abolished, Consolidated, or Changed Magisterial Districts; Subsequent Filings. {#sec-rule-211 omnilex-key=us-pa-regs-official--title-246--Rule 211}

When these rules specify that a party is to file or serve an ancillary or supplementary action in the magisterial district court which rendered a judgment or issued other process, but that court no longer exists or its magisterial district boundaries have been changed, the party may file or serve the ancillary or supplementary action only in the magisterial district court in which the original record of the proceedings containing the judgment is filed.

Official Note

This rule provides a procedure for filing or serving an ancillary or supplementary action, when the action should be filed or served in the magisterial district court which rendered the judgment or issued other process, but that court has been abolished, consolidated or otherwise changed. Such actions may include a request for order of execution or a request for a certified copy of a judgment (see Rule 402), an objection to levy or other property claim (see Rule 413), a request for order of possession (see Rule 515), or a request for entry of satisfaction (see Rule 341), among others. The rule provides that, under these circumstances, the action may be filed or served only in the magisterial district court that has become the official custodian of the original record, even though that court did not render the judgment.

The provisions of this Rule 211 adopted April 5, 2002, effective January 1, 2003, 32 Pa.B. 2199.

History

• Source: The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

246 Pa. Code Rule 212 Design of Forms. {#sec-rule-212 omnilex-key=us-pa-regs-official--title-246--Rule 212}

The Court Administrator of Pennsylvania, in consultation with the Minor Court Rules Committee, shall design and publish forms necessary to implement these rules.

The provisions of this Rule 212 adopted November 25, 2002, effective January 1, 2003, 32 Pa.B. 6080.

History

• Source: The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

246 Pa. Code Rule 213 Subpoena to Attend and Testify. {#sec-rule-213 omnilex-key=us-pa-regs-official--title-246--Rule 213}

A. A subpoena may be used to command a person to attend and to produce documents or things only at a trial or hearing in an action or proceeding pending before the magisterial district judge.

B. A subpoena may not be used to compel a person to appear or to produce documents or things ex parte before an attorney, a party, or a representative of the party.

Official Note

See Rule 202 for definition of ‘‘subpoena.’’ Compare Pa.R.C.P. No. 234.1. The magisterial district judge has discretion to limit the scope of subpoenas to persons, documents, or things that are relevant to the cause of action before the magisterial district judge. As to Subdivision B, see Rule 210.

The provisions of this Rule 213 adopted September 3, 2003, effective January 1, 2004, 33 Pa.B. 4663.

History

• Source: The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

246 Pa. Code Rule 214 Subpoena; Issuance; Service. {#sec-rule-214 omnilex-key=us-pa-regs-official--title-246--Rule 214}

A. Magisterial district judges may issue subpoenas throughout the Commonwealth. Magisterial district judges shall not issue subpoenas in blank.

B. Upon the request of a party proceeding pro se, the authorized representative of a party, or an attorney of record, the magisterial district judge may issue a subpoena signed and under the seal of the magisterial district judge. The magisterial district judge shall specify in the subpoena the name and address for service of the person subpoenaed; the name of the party on whose behalf the person is being ordered to testify; the date, time, and place at which the person is to appear; and a description of the documents or things that the person is to produce, if any.

(1) The party, authorized representative, or attorney of record requesting the subpoena shall provide the magisterial district court with the information required in paragraph (B).

(2) If the subpoena is to be issued, the magisterial district court shall fill in the information provided and return it to the requestor for service.

C. A subpoena may be served upon any person within the Commonwealth by a competent adult

(1) by handing a copy to the person; or

(2) by handing a copy

(a) at the residence of the person to an adult member of the family with whom the person resides; but if no adult member of the family is found, then to an adult in charge of such residence; or

(b) at the residence of the person to the clerk or manager of the hotel, inn, apartment house, boarding house, or other place of lodging at which the person resides; or

(c) at any office or usual place of business of the person to the person’s agent or other person for the time being in charge thereof.

(D) The person making service of a subpoena must file a return of service form in the magisterial district court in which the hearing is pending within 48 hours of service, and in no event later than the commencement of the hearing. Filing under this paragraph may be accomplished by sending a copy by facsimile transmission.

(E) If a subpoenaed witness is under the age of 18, the parent or guardian of the witness shall be served with a copy of the subpoena in the same manner as prescribed in paragraph (C).

Official Note

When issuing a subpoena, the magisterial district judge has discretion to limit the scope of the subpoena to persons, documents, or things that are relevant to the cause of action before the magisterial district judge.

Paragraph (D) provides for filing by facsimile transmission. It is the intent of these rules that filing documents by facsimile transmission is permitted only when expressly provided for in the rules. Paragraph (D) also provides for use of a form promulgated by the Court Administrator of Pennsylvania.

Paragraph (E) provided that parties choosing to subpoena witnesses under the age of 18 must alert the magisterial district court of the witness’ age and are responsible for any additional service costs.

See Rule 202 for definitions of ‘‘subpoena’’ and ‘‘attorney of record.’’ Compare Pa.R.C.P. Nos. 234.2 and 402(a) and Pa.R.Crim.P. 107. See also Rule 207 regarding representation by an authorized representative.

For the scope of the contempt powers of magisterial district judges, see 42 Pa.C.S. § 4137. See also Pa.R.Crim.P. 140-142.

The provisions of this Rule 214 adopted September 3, 2003, effective January 1, 2004, 33 Pa.B. 4663; amended October 8, 2008, effective May 1, 2009, 38 Pa.B. 5844. Immediately preceding text appears at serial pages (309516) to (309517).

History

• Source: The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

246 Pa. Code Rule 215 Advanced Communication Technology. {#sec-rule-215 omnilex-key=us-pa-regs-official--title-246--Rule 215}

Magisterial district judges may authorize the use of advanced communication technology during any civil proceeding or action governed by the Rules of Civil Procedure for Magisterial District Judges.

Official Note

This rule was adopted in 2008 to specify that magisterial district judges may use advanced communication technology in their courtrooms during adversarial proceedings. In an ex parte proceeding, such as an action pursuant to the Protection From Abuse Act, 23 Pa.C.S. § § 6101—6122, or 42 Pa.C.S. § § 62A01—62A20 (providing for protection of victims of sexual violence or intimidation), magisterial district judges also may permit the use of advanced communication technology. Limited technology available in some magisterial district courts may preclude the use of certain advanced communication technology options. Compare Pa.R.Crim.P. 119.

The provisions of this Rule 215 adopted October 8, 2008, effective November 1, 2008, 38 Pa.B. 5844; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811. Immediately preceding text appears at serial page (339779).

History

• Source: The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

246 Pa. Code Rule 216 Local Rules. {#sec-rule-216 omnilex-key=us-pa-regs-official--title-246--Rule 216}

The requirements for the promulgation and amendment of local procedural rules for proceedings in magisterial district courts subject to these rules are set forth in Pennsylvania Rule of Judicial Administration 103(d).

Official Note

Effective August 1, 2016, Pennsylvania Rule of Judicial Administration 103 was amended to consolidate and include all local rulemaking requirements, including local rules applying to proceedings under the Rules of Civil Procedure before Magisterial District Judges. All local rules previously promulgated remain effective upon compilation and publication pursuant to Pa.R.J.A. No. 103(d)(7).

The provisions of this Rule 216 adopted June 28, 2016, effective August 1, 2016, 46 Pa.B. 3811.

History

• Source: The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

246 Pa. Code Rule 217 Confidential Information and Confidential Documents. Certification. {#sec-rule-217 omnilex-key=us-pa-regs-official--title-246--Rule 217}

Unless public access is otherwise constrained by applicable authority, any attorney, or any party if unrepresented, who files a document pursuant to these rules with a magisterial district court shall comply with the requirements of Sections 7.0 and 8.0 of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania (Policy) including a certification of compliance with the Policy and, as necessary, a Confidential Information Form or a Confidential Document Form in accordance with the Policy.

Official Note

Applicable authority includes but is not limited to statute, procedural rule or court order. The Case Records Public Access Policy of the Unified Judicial System of Pennsylvania (Policy) can be found on the website of the Supreme Court of Pennsylvania at https://www.pacourts.us/public-records. Sections 7.0(D) and 8.0(D) of the Policy provide that the certification shall be in substantially the following form:

I certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania that require filing confidential information and documents differently than non-confidential information and documents.

The Confidential Information Form and the Confidential Document Form can be found at https://www.pacourts.us/public-records.

The provisions of this Rule 217 adopted June 1, 2018, effective July 1, 2018, 48 Pa.B. 3581; amended December 1, 2021, effective Januar y 1, 2022, 51 Pa.B. 7636. Immediately preceding text appears at serial pages (392783) to (392784).

History

• Source: The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

246 Pa. Code Rule 242 Citation of Authorities. {#sec-rule-242 omnilex-key=us-pa-regs-official--title-246--Rule 242}

Citation of authorities in matters subject to these rules shall be in accordance with Pa.R.A.P. 126.

See also 210 Pa. Code § 65.37 and Wenk v. State Farm Fire and Casualty Co., 228 A.3d 540, 552 n.11 (Pa. Super. 2020) for citing to non-precedential decisions of the Superior Court; and Pa.R.A.P. 3716 and 210 Pa. Code § 69.414 for citing to non-precedential decisions of the Commonwealth Court.

The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

History

• Source: The provisions of this Rule 242 added February 13, 2023, effective April 1, 2023, 53 Pa.B. 1056.

Chapter 300 CIVIL ACTION

246 Pa. Code Rule 301 Definition; Scope. {#sec-rule-301 omnilex-key=us-pa-regs-official--title-246--Rule 301}

(a) As used in this chapter, ‘‘action’’ means a civil action brought before a magisterial district judge.

(b) Civil action includes any action within the jurisdiction of a magisterial district judge except an action by a landlord against a tenant for the recovery of the possession of real property.

(c) As used in this chapter, ‘‘complaint’’ or civil action shall include, where applicable, the attached and completed Civil Action Hearing Notice form.

Civil action includes actions formerly denominated ‘‘assumpsit’’ or ‘‘trespass’’ (commonly called contract and tort cases, respectively) and civil claims for fines and penalties. See 42 Pa.C.S. § 1515(a)(3) prescribing the jurisdiction of magisterial district judges.

The rules in this chapter apply to all civil actions before magisterial district judges except an action by a landlord against a tenant for the recovery of possession of real property, which is governed by Chapter 500 of these rules.

Except as otherwise provided in Pa.R.Civ.P.M.D.J. 350, the rules in this chapter apply to de novo appeals filed pursuant to 75 Pa.C.S. § 3369(j)(4), relating to automated work zone speed enforcement violations, and 75 Pa.C.S. § 3345.1(i.4), relating to civil violations for passing a stopped school bus with flashing red signal lights and an activated side stop signal arm.

Statutes authorizing a civil fine or penalty include 53 P.S. § § 10617.1 and 10817-A relating to violations of zoning and joint municipal zoning ordinances.

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

As a result of the computerization of the District Justice offices throughout the Unified Judicial System, the Civil Action Hearing Notice form has been promulgated by Judicial Computer Services (Statewide Automation). Rule 301 recognizes the adoption of the Civil Action Hearing Notice form.

The provisions of this Rule 301 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended September 18, 1990, effective immediately, 20 Pa.B. 5042; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended April 12, 2022, effective October 1, 2022, 52 Pa.B. 2357; amended February 10, 2023, effective April 11, 2023, 53 Pa.B. 1057; amended May 22, 2024, effective August 1, 2024, 54 Pa.B. 3147. Immediately preceding text appears at serial pages (413457) to (413458).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 302 Venue. {#sec-rule-302 omnilex-key=us-pa-regs-official--title-246--Rule 302}

A. An action against an individual may be brought in and only in a magisterial district where:

(1) the individual may be served, or

(2) the cause of action arose, or

(3) a transaction or occurrence took place out of which the cause of action arose.

B. An action against a partnership may be brought in and only in a magisterial district where:

(1) the partnership regularly conducts business, or

(2) the cause of action arose, or

(3) a transaction or occurrence took place out of which the cause of action arose.

C. Except as otherwise provided by an Act of Assembly or by subdivision D of this rule, an action against a corporation or similar entity may be brought in and only in a magisterial district where:

(1) its registered office or principal place of business is located, or

(2) it regularly conducts business, or

(3) the cause of action arose, or

(4) a transaction or occurrence took place out of which the cause of action arose.

D. An action upon a policy of insurance against an insurance company, association or exchange, either incorporated or organized in Pennsylvania or doing business in this Commonwealth, may be brought in a magisterial district:

(1) designated in subdivision C of this rule, or

(2) where the insured property is located, or

(3) where the plaintiff resides, in actions upon policies of life, accident, health, disability, and live stock insurance or fraternal benefit certificates.

E. An action against an unincorporated association may be brought in and only in a magisterial district where:

(1) the association regularly conducts business or any association activity, or

(2) the cause of action arose, or

(3) a transaction or occurrence took place out of which the cause of action arose.

F. An action against a political subdivision may be brought in and only in a magisterial district the whole or part of which is located in the political subdivision.

G. A transaction or occurrence which took place on a roadway, highway, railway or body of water designated as a boundary between magisterial districts shall be considered to have taken place in any of the magisterial districts so bounded.

H. The magisterial district judge or the defendant may raise improper venue at any time prior to the conclusion of the hearing. If the magisterial district judge finds that venue is improper and there is a court of proper venue within Pennsylvania, the complaint shall not be dismissed but may be transferred to the court having proper venue.

This rule combines, with some minor changes, the Pennsylvania Rules of Civil Procedure relating to venue. See:

(1) Individuals: Pa.R.Civ.P. 1006(a).

(2) Partnerships: Pa.R.Civ.P. 2130(a).

(3) Corporations: Pa.R.Civ.P. 2179(a).

(4) Insurance Policies: Pa.R.Civ.P. 2179(b).

(5) Unincorporated Associations: Pa.R.Civ.P. 2156(a).

(6) Political Subdivisions: Pa.R.Civ.P. 2103(b).

This rule is not intended to repeal special statutory venue provisions, such as the: (1) venue provisions for actions involving installment sales of goods and services, 12 Pa.C.S. § 6307; (2) venue provisions of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692i, pertaining to actions brought by debt collectors against consumers; and (3) venue provisions for appeals from automated work zone speed enforcement violations, 75 Pa.C.S. § 3369(j)(4) and from civil violations for passing a stopped school bus with flashing red signal lights and an activated side stop signal arm, 75 Pa.C.S. § 3345.1(i.4). See Pa.R.Civ.P.M.D.J. 382(1) (pertaining to Acts of Assembly providing for special venue provisions that are not suspended).

For a definition of ‘‘transaction or occurrence,’’ see Craig v. W.J. Thiele & Sons, Inc., 149 A.2d 35 (Pa. 1959).

Subdivision G is intended to take care of indistinct, ‘‘center line’’ or other confusing boundaries in the respects mentioned. When a complaint is transferred under subdivision H, it is treated as if originally filed in the transferee court on the date first filed in a court. If service of the complaint has already been made, no new service may be necessary, but the transferee court must set a new date, time and place for the new hearing and notify the parties thereof. It is the intent of this rule that cases may be transferred to any Pennsylvania court with appropriate jurisdiction and venue, including the Philadelphia Municipal Court. Likewise, nothing in this rule prohibits a court other than a magisterial district court from transferring a case to a magisterial district court with proper jurisdiction and venue, in accordance with the procedural rules of the transferring court. The jurisdictional limits of the magisterial district courts and the Philadelphia Municipal Court are governed by 42 Pa.C.S. § § 1515 and 1123, respectively.

There are no costs for transfer of the complaint and no additional filing costs when a case is transferred from one magisterial district court to another magisterial district court. There are no additional filing costs when a case is transferred from the Philadelphia Municipal Court to a magisterial district court.

There may be additional service costs when a case is transferred.

The provisions of this Rule 302 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended July 3, 2003, effective January 1, 2004, 33 Pa.B. 3491; amended April 12, 2022, effective October 1, 2022, 52 Pa.B. 2357; amended February 10, 2023, effective April 11, 2023, 53 Pa.B. 1057; amended May 22, 2024, effective August 1, 2024, 54 Pa.B. 3147. Immediately preceding text appears at serial pages (413458) to (413460).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 303 Commencement of the Action. {#sec-rule-303 omnilex-key=us-pa-regs-official--title-246--Rule 303}

An action shall be commenced by the filing of a complaint.

Official Note

This rule does not permit the commencement of an action by summons.

The provisions of this Rule 303 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21150).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 304 Form of Complaint. {#sec-rule-304 omnilex-key=us-pa-regs-official--title-246--Rule 304}

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 amount claimed.

(3) A brief and concise statement of the facts upon which the claim is based including:

(a) the date, time and place of the occurrence and a brief description of the damages sustained when the claim alleges tortious conduct; or

(b) the date of the transaction and a brief description of the subject matter when the claim is contractual;

(c) the date and description of the occurrence when the claim is for a civil fine or penalty and the citation to the statute authorizing the claim.

(4) Such other information as shall be required on the complaint form.

C. The complaint shall be signed by the plaintiff or plaintiff’s agent and verified as follows:

The facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 305 Setting the Date for Hearing; Delivery for Service; Notice to Defendant; Form. {#sec-rule-305 omnilex-key=us-pa-regs-official--title-246--Rule 305}

The magisterial district judge, at the time the complaint is filed, shall:

(a) Set a hearing date which shall be not less than 12 or more than 60 days from the date the complaint is filed.

(b) Insert the hearing time and date and the address of the magisterial district court in the complaint form.

(c) Deliver a copy of the complaint form with hearing time and date thereon to the plaintiff.

(d) Deliver a copy of the complaint form with hearing time and date thereon for service on the defendant as hereinafter set forth, which copy shall contain the following notice:

You have been sued in court. If you wish to appear at the hearing and defend against the claims set forth in the complaint, you should notify the court in writing. You may give notice by completing the enclosed Notice of Intent to Defend form and returning it to the court. Alternatively, you may send the court a signed statement identical in content to the enclosed form. If you do not intend to dispute this claim, you do not need to appear in court and a judgment may be entered against you in your absence.

If you give written notice of intent to defend and attend the hearing, but the plaintiff does not appear at the hearing, then the magisterial district judge will enter judgment in your favor or continue the case for cause. If you do not give written notice of intent to defend and attend the hearing, but the plaintiff does not appear at the hearing, the magisterial district judge will continue the case. If you do not appear at the hearing, either a judgment will be entered against you or the case will be continued for cause. If a judgment is entered against you, you may lose money or property or other rights important to you.

If you have a claim against the plaintiff that is within magisterial district court jurisdiction and that you intend to assert at the hearing, you must file it on a complaint form at this office at least five days before the date set for the hearing. No claim by the defendant will be permitted in a supplementary action filed for failure of a judgment creditor to enter satisfaction.

If you need information about hiring a lawyer to represent you in this matter, contact either your county bar association or legal services agency.

(e) The copy of the complaint form delivered for service upon the defendant shall be accompanied by the Notice of Intent to Defend form prescribed by the State Court Administrator.

The 60-day limitation in subdivision (a) was considered to provide sufficient time in which to effect service under the requirement of Pa.R.Civ.P.M.D.J. 307 that service be made at least ten days before the hearing. See Pa.R.Civ.P.M.D.J. 314E as to reinstatement of complaints dismissed because of lack of service. The copies required in subdivisions (c) and (d) are provided by the Magisterial District Judge Automated System.

Subdivision (d) sets forth the notice that must be provided to a defendant with a complaint, advising the defendant to notify the court if the defendant intends to appear at the hearing, the consequences of failing to appear at the hearing, and the right of the defendant to file a cross-complaint against the plaintiff within magisterial district court jurisdiction. The defendant must notify the court of his or her intention to defend against the complaint in order for the defendant to obtain judgment be-cause of the plaintiff’s failure to appear. See Pa.R.Civ.P.M.D.J. 319A.

See Pa.R.Civ.P.M.D.J. 315 (procedures for filing a cross-complaint); but see Pa.R.Civ.P.M.D.J. 342B(2) (prohibiting a defendant from filing a cross-complaint in a supplementary action).

The Notice of Intent to Defend form referenced in subdivision (e) shall be included with the complaint served on the defendant. It provides a convenient method for the defendant to advise the court that he or she intends to appear at the hearing and defend against the claims set forth in the complaint. Alternatively, the defendant may give the court a signed statement identical in content to the form provided by the court.

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

The Note to Rule 305 recognizes that forms generated by the District Justice Automation Project may be provided to parties for their convenience at the discretion of the District Justice.

The provisions of this Rule 305 amended November 21, 1975, 5 Pa.B. 3020; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended April 5, 2002, effective July 1, 2002, 32 Pa.B. 2206; amended April 25, 2024, effective January 1, 2025, 54 Pa.B. 2482. Immediately preceding text appears at serial pages (401699) to (401700).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 306 Numbering and Filing of Complaints. {#sec-rule-306 omnilex-key=us-pa-regs-official--title-246--Rule 306}

The magisterial district judge shall retain the original of the complaint. Complaints shall be numbered consecutively in order of filing, annually, and shall be filed as prescribed by the Court Administrator of Pennsylvania. Complaints filed in the case by a defendant shall take the same number as the plaintiff’s complaint.

Official Note

It was felt that this rule contained all the provisions concerning office procedures that should be required by rule. The Court Administrator of Pennsylvania publishes the Magisterial District Judge Automated Office Clerical Procedures Manual that prescribes uniform filing, record keeping and other office procedures.

The phrase ‘‘[c]omplaints filed in the case by a defendant’’ includes cross-complaints filed pursuant to Rule 315 and supplementary actions filed pursuant to Rule 342.

The provisions of Rule 306 amended April 5, 2002, effective January 1, 2003, 32 Pa.B. 2199. Immediately preceding text appears at serial page (281650).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 307 Service of the Complaint. {#sec-rule-307 omnilex-key=us-pa-regs-official--title-246--Rule 307}

Service shall be made at least ten days before the hearing, in the following manner:

(1) A copy of the complaint for each defendant shall be delivered by the magisterial district judge for service to the sheriff of, or any certified constable in, the county in which the magisterial district 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. If the complaint is delivered for service to the sheriff and service is to be made in a county other than the one in which the magisterial district of the magisterial district judge is situated, the sheriff shall deputize the sheriff of the county in which service is to be made. A certified constable may serve the complaint anywhere in the Commonwealth.

(2) If service is to be made in a county other than the one in which the magisterial district judge’s magisterial district is situated, the magisterial district judge, instead of acting in accordance with subdivision (1), may:

(a) send the copy of the complaint for service to a magisterial district judge in the county in which service is to be made who shall deliver it for service to the sheriff of, or any certified constable in, that county. If this service is not available to the magisterial district judge, service may be made by any certified constable of the Commonwealth, or

(b) if service is to be made in Philadelphia, send the copy of the complaint for service to the Court Administrator of the Philadelphia Municipal Court who shall deliver it for service to a writ server of that court or to the sheriff of Philadelphia.

(3) When service by mail is permitted by the rules in this chapter, it shall be at the option of the plaintiff and shall be made by the magisterial district judge by certified mail or comparable delivery method resulting in a return receipt in paper or electronic form. Such service may be made to any place in or outside the Commonwealth.

Official Note

This rule provides a number of alternative methods of serving the complaint. Subdivision (1) permits a certified constable to serve the complaint anywhere in the Commonwealth and authorizes deputized service by sheriffs. Subparagraph (2)(a) permits service out of the county through magisterial district judges in the county in which service is to be made, a method of service which might be preferable to service under subdivision (1) by a certified constable of the county where the complaint was filed when that county is a considerable distance from the county of service. Subparagraph (2)(b) provides for service in Philadelphia by writ servers of the Philadelphia Municipal Court or by the sheriff of Philadelphia, although service may still be made in accordance with subdivision (1) if the magisterial district judge so desires. Subdivision (3) makes service by mail, when permitted, at the option of the plaintiff. This was done because service by mail will ordinarily reduce costs.

The provisions of this Rule 307 amended January 29, 1976, effective in 30 days, 6 Pa.B. 361; amended April 25, 1979, effective in 30 days, 9 Pa.B. 1499; amended July 16, 2001, effective August 1, 2001, 31 Pa.B. 4055; amended July 21, 2014, effective August 20, 2014, 44 Pa.B. 5183. Immediately preceding text appears at serial pages (309524) to (309525).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 308 Service Upon Individuals. {#sec-rule-308 omnilex-key=us-pa-regs-official--title-246--Rule 308}

Service of the complaint upon an individual defendant shall be made:

(1) by handing a copy to the defendant, or

(2) by handing a copy:

(a) to an adult member of the defendant’s family at his residence, but if no adult member of the family is found, then to an adult person in charge of such residence, or

(b) to the clerk or manager of a hotel, inn, apartment house, boarding house or other place of lodging at which the defendant resides, or

(c) at any office or usual place of business of the defendant to his agent or to the person for the time being in charge thereof, or

(3) by mailing a copy to the defendant by certified mail or comparable delivery method resulting in a return receipt in paper or electronic form. The return receipt shall show the signature of the defendant or those persons designated in subdivision (2) of this rule. If the signature on the return receipt is that of any persons designated in subdivision (2) of this rule, it shall be presumed, unless the contrary is shown, that the signer was an agent of the defendant.

Official Note

Compare Pa.R.C.P. Nos. 402—403. Subdivisions (1), (2) and (3) are not intended to be preferential in the order of their numbering.

The provisions of this Rule 308 amended March 26, 1975, effective March 31, 1975, 5 Pa.B. 717; amended July 21, 2014, effective August 20, 2014, 44 Pa.B. 5183. Immediately preceding text appears at serial pages (309525) to (309526).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 309 Service Upon Partnerships. {#sec-rule-309 omnilex-key=us-pa-regs-official--title-246--Rule 309}

Service of the complaint upon a partnership shall be made:

(1) by handing a copy to a partner, manager, clerk or other person for the time being in charge, at any regular place of business of the partnership, or

(2) on a partner in the same manner as an individual if there is no regular place of business, 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 regular place of business of the partnership. The return receipt shall show that the complaint was received by the partnership.

Official Note

Compare Pa.R.C.P. No. 423.

The provisions of this Rule 309 amended July 21, 2014, effective August 20, 2014, 44 Pa.B. 5183. Immediately preceding text appears at serial page (309526).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 310 Service Upon Corporations. {#sec-rule-310 omnilex-key=us-pa-regs-official--title-246--Rule 310}

Service of the complaint upon a corporation or similar entity shall be made:

(1) on an executive officer, partner or trustee of the corporation, or

(2) on an agent or person for the time being in charge of, and only at, any office or usual place of business of the corporation, or

(3) on an agent authorized by appointment to receive service of process, or

(4) by mailing, via certified mail or comparable delivery method resulting in a return receipt in paper or electronic form, a copy to the regular place of business of the corporation. The return receipt shall show that the complaint was received by the corporation or similar entity.

Official Note

Compare Pa.R.C.P. No. 424.

The provisions of this Rule 310 amended December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875; amended July 21, 2014, effective August 20, 2014, 44 Pa.B. 5183. Immediately preceding text appears at serial page (309526).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 311 Service Upon Unincorporated Associations. {#sec-rule-311 omnilex-key=us-pa-regs-official--title-246--Rule 311}

Service of the complaint upon an unincorporated association shall be made upon the manager, clerk or other person for the time being in charge of any place where such association regularly conducts any business or association activity, provided the person served is not a plaintiff in the action.

Official Note

Compare Pa. R.C.P. No. 2157(a). Service by mail is not allowed under this rule because of the irregularity of operation of many unincorporated associations.

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 312 Service on a Political Subdivision. {#sec-rule-312 omnilex-key=us-pa-regs-official--title-246--Rule 312}

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.

Official Note

Compare Pa.R.C.P. No. 422. The definition of ‘‘political subdivision’’ is derived from Pa.R.C.P. No. 76.

The provisions of this Rule 312 amended July 21, 2014, effective August 20, 2014, 44 Pa.B. 5183. Immediately preceding text appears at serial pages (309526) and (370067).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 313 Service Outside the Commonwealth. {#sec-rule-313 omnilex-key=us-pa-regs-official--title-246--Rule 313}

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

(3) in the manner provided or prescribed by the law of the place in which service is to be made for service in that place in an action in any of its courts of general jurisdiction.

Official Note

See the Judicial Code, § 5322, 42 Pa.C.S. § 5322 (as amended by § 10(61) of the Judiciary Act Repealer Act, Act of April 28, 1978, P. L. 202, No. 53) and § 5329(1), 42 Pa.C.S. § 5329(1), as to the basis of personal jurisdiction over persons outside the Commonwealth. The magisterial district judge may designate any Pennsylvania sheriff or constable to make service under subdivision (1), but such service should not be attempted if it would be offensive to the jurisdiction in which service is to be made. See Uniform Interstate and International Procedures Act, § 2.02, Commissioners’ Comment, 13 Uniform Laws Annotated 297. Alternatively, the magisterial district judge may designate any adult other than the plaintiff to make service under subdivision (1). Although the magisterial district judge may not designate the plaintiff as the person to make such service, the plaintiff may suggest to the magisterial district judge the name of a person to make service. If service is made by ordinary mail under subdivision (2), the magisterial district judge shall note that fact on the docket with the remark that a sufficient time having elapsed the ordinary mail was not returned. The magisterial district judge shall attach to the original complaint form the returned certified or comparable delivery method resulting in a return receipt in paper or electronic form with the notation by the postal authorities or commercial carrier that the defendant refused to accept it. If service is to be made under subdivision (3), the magisterial district judge may send the service copy of the complaint to an appropriate official of the jurisdiction in which service is to be made. If service is made under subdivisions (1) or (3), proof of service may be made on the form provided under Rule 314A with such alterations as may be necessary or in any manner provided by the law of the jurisdiction in which the service is made for proof of service in an action in any of its courts of general jurisdiction. Compare Pa.R.C.P. No. 404.

The provisions of this Rule 313 amended December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875; amended December 6, 1999, effective July 1, 2000, 29 Pa.B. 6467; amended February 5, 2001, effective immediately, 31 Pa.B. 926; amended December 20, 2013, effective February 20, 2014, 44 Pa.B. 13; amended July 21, 2014, effective August 20, 2014, 44 Pa.B. 5183. Immediately preceding text appears at serial pages (370067) to (370068).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 314 Return, Waiver and Failure of Service; Reinstatement. {#sec-rule-314 omnilex-key=us-pa-regs-official--title-246--Rule 314}

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.

Official Note

The provision concerning appearance not being a waiver of venue was inserted in paragraph C of this rule to prevent the concentration of business in the office of a favorable magisterial district judge. Also, the public cannot generally be expected to be aware of venue provisions. See Rule 302H regarding improper venue.

Paragraph D is intended to prevent the accumulation of stale claims in the office of the magisterial district judge.

Subparagraph E(1) provides for the reinstatement, upon written request of the plaintiff, of a complaint that has been dismissed without prejudice for failure to make service under paragraph D against all defendants. Compare Pa.R.C.P. No. 401(b). The written request for reinstatement may be in any form and may consist of a notation on the permanent copy of the complaint form, ‘‘Reinstatement of complaint requested,’’ subscribed by the plaintiff. The magisterial district judge shall mark all copies of the reinstated complaint, ‘‘Complaint reinstated. Request for reinstatement filed on

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 315 Claim by Defendant. {#sec-rule-315 omnilex-key=us-pa-regs-official--title-246--Rule 315}

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.

Official Note

Paragraph A of this rule permits the defendant to file a cross-complaint against the plaintiff at least five days before the date originally set for the hearing, if it is for a claim cognizable by a magisterial district judge. See Section 1515(a)(3) of the Judicial Code, 42 Pa.C.S. § 1515(a)(3), as to waiver of jurisdictional limits, a defendant filing a cross-complaint being considered a ‘‘plaintiff’’ as to the cross-complaint within the meaning of this statute. The requirement that a cross-complaint be filed at least five days before the hearing is intended to give the magisterial district judge time to notify the parties of any new hearing date and time. Notice under paragraph B is not a substitute for proper service. If the defendant does not file an action at least five days before the hearing, the defendant may still file a complaint against the plaintiff but it will not be processed as a cross-complaint.

No provision has been made for a stay of the magisterial district court proceedings upon notice by the defendant of intention to commence an action in the court of common pleas on a claim against the plaintiff not within magisterial district judge jurisdiction. It was thought that no such provision was necessary, for if the plaintiff prevails in the magisterial district court action the defendant may appeal, the appeal operates as an automatic supersedeas of the money judgment, the case is heard de novo, and the defendant may assert a claim in the court of common pleas, possibly as a counterclaim. See Rules 1002, 1007, and 1008.

Since a cross-complaint is in the nature of a responsive pleading, there is no fee for filing it.

No cross-complaint may be filed in a supplementary action filed under Rule 342. See Rule 342 and Note.

The provisions of this Rule 315 amended through January 29, 1976, 6 Pa.B. 361; amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended December 15, 2000, effective January 1, 2001, 30 Pa.B. 6882; amended April 5, 2002, effective January 17, 2003, 32 Pa.B. 2199; amended June 1, 2006, effective October 1, 2006, 36 Pa.B. 2955. Immediately preceding text appears at serial pages (309529) to (309530).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 316 Amendment to Complaint. {#sec-rule-316 omnilex-key=us-pa-regs-official--title-246--Rule 316}

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.

Official Note

It was felt that the usual notice requirements involved with respect to amendments made prior to the hearing are too difficult and burdensome to be made applicable to magisterial district court proceedings. Consequently, this rule forbids amendments other than those made at the hearing in the presence of the adverse party.

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 317 {Rescinded}. {#sec-rule-317 omnilex-key=us-pa-regs-official--title-246--Rule 317}

Official Note

See Rule 213 governing subpoenas.

The provisions of this Rule 317 amended May 3, 1999, effective immediately, 29 Pa.B. 3198; rescinded September 3, 2003, effective January 1, 2004, 33 Pa.B. 4663. Immediately preceding text appears at serial pages (288435) to (288436).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 318 Informing Plaintiff of Notice of Intention to Defend. {#sec-rule-318 omnilex-key=us-pa-regs-official--title-246--Rule 318}

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.

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.

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

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.

The provisions of this Rule 318 amended November 21, 1975, 5 Pa.B. 3020; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended June 1, 2006, effective October 1, 2006, 36 Pa.B. 2955; amended April 25, 2024, effective January 1, 2025, 54 Pa.B. 2482. Immediately preceding text appears at serial page (392325).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 319 Failure of a Party to Appear at the Hearing. {#sec-rule-319 omnilex-key=us-pa-regs-official--title-246--Rule 319}

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.

Official Note

The first sentence of subdivision A of this rule provides for a judgment for the defendant rather than merely a dismissal of the plaintiff’s complaint. This provision is intended to prevent the plaintiff from bringing the action again before a magisterial district judge, although he can appeal. The continuance called for in the second sentence of subdivision A will constitute a form of notice to defend and if the plaintiff does not appear at the second hearing judgment will be entered against him.

As to the provisions concerning assessment of damages in subdivision B, compare Pa. R.C.P. Nos. 1037(b) and 1047(b).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 320 {Rescinded}. {#sec-rule-320 omnilex-key=us-pa-regs-official--title-246--Rule 320}

(a) Withdrawal of Complaint.

(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:

(i) mark the withdrawal of the complaint on the docket;

(ii) cancel any scheduled hearing, except for a consolidated hearing on a cross-complaint pursuant to Pa.R.Civ.P.M.D.J. 315B; and

(iii) 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.

(b) Settlements.

(1) Settlement Without Stipulated Judgment.

(i) Except as provided in subdivision (b)(2), pertaining to stipulated judgments, parties may file a written notice of settlement of the complaint with the magisterial district court at any time prior to the entry of judgment. The notice of settlement shall include the signatures of the parties. Upon receipt of such notice, the magisterial district judge shall:

(A) mark the settlement of the complaint on the docket;

(B) cancel any scheduled hearing, except for a consolidated hearing on a cross-complaint pursuant to Pa.R.Civ.P.M.D.J. 315B; and

(C) notify the parties in writing that the complaint has been marked settled.

(ii) If the magisterial district court has previously marked the complaint as settled pursuant to subdivision (b)(1)(i) and a subsequent breach of the settlement agreement occurs, a party may file a new complaint citing breach of the settlement agreement as the cause of action.

(2) Settlement with Stipulated Judgment.

(i) The parties may file a written notice of a stipulated judgment as part of a settlement agreement at any time prior to the entry of judgment.

(ii) The notice shall be made on a form promulgated by the State Court Administrator that shall include:

(A) the amount of the stipulated judgment, which shall include fees but not court costs;

(B) a notice to the defendant advising that:

(I) the defendant should review the settlement agreement to ensure familiarity with and acceptance of its terms;

(II) a judgment will be entered against the defendant on the docket of the magisterial district court; and

(III) the plaintiff shall have the right to request execution of the judgment if the defendant fails to make payments as agreed; and

(C) the signatures of the parties.

(iii) Upon receipt of a notice compliant with the requirements of subdivision (b)(2)(ii), the magisterial district court shall:

(A) mark the entry of the stipulated judgment on the docket;

(B) cancel any scheduled hearing, except for a consolidated hearing on a cross-complaint pursuant to Pa.R.Civ.P.M.D.J 315B; and

(C) notify the parties in writing that the complaint has been marked settled.

(c) Cross-complaints.

(1) A withdrawal or settlement of the plaintiff’s complaint pursuant to subdivision (a) or (b) shall not affect the right of the defendant to proceed with a cross-complaint filed pursuant to Pa.R.Civ.P.M.D.J. 315A, unless it includes the cross-complaint.

(2) The defendant may file a written notice of withdrawal of the cross-complaint in the manner set forth in subdivision (a).

(3) The parties may file a written notice of settlement or stipulated judgment of the cross-complaint in the manner set forth in subdivision (b).

A complaint filed pursuant to subdivision (a)(2) or (b)(1)(ii) is not a ‘‘reinstatement’’ of the underlying action and is subject to all prescribed fees and costs for filing and service of a complaint. Compare with Pa.R.Civ.P.M.D.J. 314E, which provides for reinstatement of the complaint under the limited circumstance of failure to make timely service.

This rule also applies to the withdrawal or settlement of a cross-complaint. Moreover, a cross-complaint will survive the withdrawal or settlement of the corresponding complaint if it is not included in a notice filed pursuant to this rule.

For purposes of this rule, ‘‘stipulated judgment’’ means a judgment that is entered by the magisterial district court without a hearing and at the request of and with the agreement of the parties. See Pa.R.Civ.P.M.D.J. 210.1, prohibiting unauthorized ex parte communication with the magisterial district judge.

The provisions of prior Pa.R.Civ.P.M.D.J. 320, pertaining to continuances, were relocated to Pa.R.Civ.P.M.D.J. 209, effective July 1, 2005.

The provisions of this Rule 320 adopted May 19, 2014, effective July 20, 2014, 44 Pa.B. 3310; amended December 1, 2025, effective April 1, 2026, 55 Pa.B. 8362. Immediately preceding text appears at serial pages (420051) to (420052).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 321 Hearings and Evidence. {#sec-rule-321 omnilex-key=us-pa-regs-official--title-246--Rule 321}

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.

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.

The provisions of this Rule 321 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended April 12, 2022, effective October 1, 2022, 52 Pa.B. 2357; amended February 10, 2023, effective April 11, 2023, 53 Pa.B. 1057; amended May 22, 2024, effective August 1, 2024, 54 Pa.B. 3147. Immediately preceding text appears at serial pages (413462) to (413463).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 322 Judgment. {#sec-rule-322 omnilex-key=us-pa-regs-official--title-246--Rule 322}

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.

Official Note

The five day provision of this rule is in keeping with the general principle of insuring the expeditious handling of these actions. A general provision for costs has also been included.

The provisions of this Rule 322 amended September 18, 1990, effective immediately, 20 Pa.B. 5042. Immediately preceding text appears at serial page (87411).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 323 Judgment—Payment in Installments. {#sec-rule-323 omnilex-key=us-pa-regs-official--title-246--Rule 323}

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.

Official Note

Since many of the defendants coming before magisterial district judges are apt to be in financial difficulties, it was thought advisable to provide for payment in installments. The payments are to be made to the plaintiff and not to the magisterial district judge. See Rule 3.10 of the Rules Governing Standards of Conduct of Magisterial District Judges.

The provisions of this Rule 323 amended December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended April 29, 2016, effective immediately, 46 Pa.B. 2412; amended December 14, 2016, effective April 1, 2017, 46 Pa.B. 8171. Immediately preceding text appears at serial page (381103).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 324 Notice of Judgment or Dismissal and the Right to Appeal. {#sec-rule-324 omnilex-key=us-pa-regs-official--title-246--Rule 324}

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.

Official Note

As to paragraph B(2), see Rule 402D and Note. As to paragraph B(3), see Rule 341.

The provisions of this Rule 324 amended November 21, 1975, 5 Pa.B. 3020; amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended April 5, 2002, effective January 1, 2003, 32 Pa.B. 2199; amended June 1, 2006, effective October 1, 2006, 36 Pa.B. 2955. Immediately preceding text appears at serial page (309533).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 325 {Renumbered}. {#sec-rule-325 omnilex-key=us-pa-regs-official--title-246--Rule 325}

The provisions of this Rule 325 renumbered as Rule 210 April 5, 2002, effective January 1, 2003, 32 Pa.B. 2199. Immediately preceding text appears at serial pages (256508) to (256509).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 341 Request for Entry of Satisfaction; Service; Entry of Satisfaction. {#sec-rule-341 omnilex-key=us-pa-regs-official--title-246--Rule 341}

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.

Official Note

Subdivision A provides a mechanism for a judgment debtor, or anyone interested in the judgment, to file a written request for entry of satisfaction in the office of the magisterial district judge who rendered the judgment. See Section 8104(a) of the Judicial Code, 42 Pa.C.S. § 8104(a).

Subdivision B is intended to provide a number of alternative methods of service. See Rules 307, 308, 309, 310, 311, 312 and 313. When permitted, service by mail should be at the option of the person filing the request for entry of satisfaction. The requester shall be required to pay for all costs associated with initiating entry of satisfaction. If the requester is unable to locate or otherwise serve the request upon the judgment creditor, the requester may need to enter the judgment in the court of common pleas, and seek alternative service pursuant to Pa.R.C.P. 430.

Upon the entry of satisfaction, the judgment debtor may file a true copy of the entry of satisfaction in any other magisterial district court in which the judgment may have been entered pursuant to Rule 402. Nothing in this rule is intended to suggest that it is the obligation of the judgment creditor to enter satisfaction in any court other than the court specified in subdivision C.

These procedures also apply to satisfaction of money judgments rendered in actions for the recovery of possession of real property (landlord/tenant actions). See Rules 514 and 518.

If a judgment creditor does not comply with the provisions of this rule, the judgment debtor may proceed under Rule 342.

A party may contest the entry of satisfaction by filing a petition to strike the entry of satisfaction with the court of common pleas.

The provisions of this Rule 341 adopted April 5, 2002, effective January 1, 2003, 32 Pa.B. 2199; amended September 9, 2008, effective October 1, 2008, 38 Pa.B. 5164; amended September 26, 2013, effective December 25, 2013, 43 Pa.B. 5989. Immediately preceding text appears at serial pages (338933) to (338934).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 342 Failure of Judgment Creditor to Enter Satisfaction; Supplementary Action. {#sec-rule-342 omnilex-key=us-pa-regs-official--title-246--Rule 342}

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.

Official Note

A judgment debtor may seek damages pursuant to Section 8104(b) of the Judicial Code, 42 Pa.C.S. § 8104(b). The action commenced under subdivision A of this Rule is a supplementary proceeding in the matter in which the judgment was entered. As such, it must be filed in the office of the magisterial district judge in which the request for entry of satisfaction was filed. Also, it must be indexed to the same docket number as, and made a part of the record of, the underlying action. See Rule 306 and Note. Because the supplementary action is merely a continuation of the underlying action, there are no filing costs for it, however there may be costs for service of the action. The requester shall be required to pay for all costs associated with initiating entry of satisfaction.

Subdivision B provides that, once a supplementary action is filed under subdivision A, the proceedings in the action, including the form of the complaint, setting the hearing date, service, and hearing, should proceed as if a regular civil action, except that no cross-complaints under Rule 315 will be permitted. See Rules 304 through 381. While it is not the intent of this rule to limit defenses that may be raised in a supplementary action, only those issues arising from the Rule 342 supplementary action are to be considered at the hearing. Therefore, subparagraph B(2) makes clear that no cross-complaints are permitted to be filed.

When rendering judgment in an action filed pursuant to this rule, the magisterial district judge may determine if the judgment debtor is entitled to damages under Section 8104(b) of the Judicial Code, 42 Pa.C.S. § 8104(b), and whether satisfaction should be entered on the underlying judgment.

A party may appeal from a judgment in an action filed pursuant to this rule, but issues on appeal are limited to those raised in the action filed under this rule. See Rule 1007.

The provisions of this Rule 342 adopted April 5, 2002, effective January 1, 2003, 32 Pa.B. 2199; amended September 8, 2008, effective October 1, 2008, 38 Pa.B. 5164. Immediately preceding text appears at serial pages (319888) and (309535).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 350 Appeals from Civil Traffic Violations. {#sec-rule-350 omnilex-key=us-pa-regs-official--title-246--Rule 350}

(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).

(b) Venue. An appeal filed pursuant to this rule shall only be filed in the magisterial district court in the magisterial district where the violation of 75 Pa.C.S. § 3369(c) or 75 Pa.C.S. § 3345.1(a.1)(1) occurred.

(c) Notice of Appeal.

(1) An appellant may appeal a determination of a hearing officer pursuant to 75 Pa.C.S. § 3369(j)(4) or 75 Pa.C.S. § 3345.1(i.4)(4) by filing a notice of appeal on a form prescribed by the State Court Administrator together with a copy of the hearing officer’s determination within 45 days after the date of its issuance.

(2) The appellant shall pay all costs for filing and service of the notice of appeal at the time of filing or, if without the financial resources to pay the costs of litigation, the appellant shall file an application or praecipe to waive fees and costs pursuant to Pa.R.J.A. 1990.

(3) After setting the hearing date pursuant to Pa.R.Civ.P.M.D.J. 305, the magisterial district judge shall serve the notice of appeal on the appellee by mailing a copy to the appellee at the address listed on the hearing officer’s determination by certified mail or comparable delivery method resulting in a return receipt in paper or electronic form. The return receipt shall show that the notice of appeal was received by the appellee.

(d) Hearing; Evidence.

(1) The proceeding shall be conducted de novo in accordance with these rules as if the action was initially commenced in a magisterial district court with the appellee having the burden of proof.

(2) The hearing is subject to the standards of evidence set forth in Pa.R.Civ.P.M.D.J. 321, except that photographs, videos, vehicle titles, police reports, and records of the Pennsylvania Department of Transportation may also be entered as evidence by any party without affidavit or other evidence of their truth, accuracy, or authenticity.

75 Pa.C.S. § 3369 established a program to provide for automated speed enforcement systems in active work zones on certain highways under the jurisdiction of the Pennsylvania Department of Transportation and the Pennsylvania Turnpike Commission. Similarly, 75 Pa.C.S. § 3345.1 provides for automated side stop signal arm enforcement systems to identify the owners of vehicles failing to stop for a school bus with flashing red lights and an activated side stop signal arm, as well as for the imposition of civil fines upon those found in violation. This rule was adopted to address the statutory provisions permitting a de novo appeal to a magisterial district court from a determination of a hearing officer following an administrative hearing to contest an alleged violation of 75 Pa.C.S. § 3369(c) or 75 Pa.C.S. § 3345.1(a.1)(1). Because these actions are de novo appeals, they shall proceed as any other civil action commenced in a magisterial district court except as provided by this rule.

Insofar as other procedures under these rules may be applicable, the appellant shall be deemed the ‘‘defendant’’ and the appellee shall be deemed the ‘‘plaintiff.’’

The initiating document in an appeal filed pursuant to Pa.R.Civ.P.M.D.J. 350 is the notice of appeal, which shall be used in lieu of a complaint. See also Pa.R.Civ.P.M.D.J. 206.1 pertaining to an application or praecipe to waive fees and costs (in forma pauperis) if the appellant is without the financial resources to cover the cost of litigation.

Photographs, videos, vehicle titles, police reports, and records of the Pennsylvania Department of Transportation were added to the existing business record exceptions in Pa.R.Civ.P.M.D.J. 321 because they are the proofs most likely to be used to support the permitted defenses to 75 Pa.C.S. § 3369(c) and 75 Pa.C.S. § 3345.1(a.1)(1).

The appellant shall pay civil fines incurred pursuant to 75 Pa.C.S. § 3369(e) or 75 Pa.C.S. § 3345.1(c) to the appellee and not to the magisterial district court. See Pa.R.Civ.P.M.D.J. 323, cmt. (clarifying that payments are made to the prevailing party and not the magisterial district court). If the magisterial district judge enters judgment in favor of the appellant, i.e., the vehicle owner, the appellant is entitled to recover taxable costs from the appellee. See Pa.R.Civ.P.M.D.J. 206(b) (‘‘The prevailing party in magisterial district court proceedings shall be entitled to recover taxable costs from the unsuccessful party. Such costs shall consist of all filing, personal service, witness, and execution costs authorized by Act of Assembly or general rule and paid by the prevailing party.’’) Procedures for enforcement of judgments, including judgments in favor of the appellant for taxable costs from the appellee, are set forth in Pa.R.Civ.P.M.D.J. 401 et seq. See 75 Pa.C.S. § § 3345.1(i.4)(4) and 3369(j)(4) for limits on the judgment.

See Pa.R.Civ.P.M.D.J. 1001 et seq. for procedures to appeal a judgment rendered by a magisterial district judge or to file a praecipe for a writ of certiorari in civil actions, including actions brought pursuant to this rule.

The provisions of this Rule 350 added April 12, 2022, effective October 1, 2022, 52 Pa.B. 2357; amended May 22, 2024, effective August 1, 2024, 54 Pa.B. 3147; amended April 21, 2026, effective November 1, 2026, 56 Pa.B. 2569. Immediately preceding text appears at serial pages (420056) to (420058).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 351 {Rescinded}. {#sec-rule-351 omnilex-key=us-pa-regs-official--title-246--Rule 351}

Provisions of former Pa.R.Civ.P.M.D.J. 351 were incorporated in Pa.R.Civ.P.M.D.J. 350.

The provisions of this Rule 351 added February 10, 2023, effective April 11, 2023, 53 Pa.B. 1057; deleted May 22, 2024, effective August 1, 2024, 54 Pa.B. 3147. Immediately preceding text appears at serial pages (413466) to (413467).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 381 Acts of Assembly Suspended. {#sec-rule-381 omnilex-key=us-pa-regs-official--title-246--Rule 381}

All Acts of Assembly or parts thereof inconsistent with the rules governing the civil action are suspended to the extent of such inconsistency.

The provisions of this Rule 381 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266; amended September 18, 1990, effective immediately, 20 Pa.B. 5042. Immediately preceding text appears at serial page (87412).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

246 Pa. Code Rule 382 Acts of Assembly Not Suspended. {#sec-rule-382 omnilex-key=us-pa-regs-official--title-246--Rule 382}

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.

Official Note

See, for example, the special venue provisions in the Acts mentioned in the next to the last paragraph of the note to Rule 302. This subdivision is intended to preserve the substance of unusual statutory venue provisions which reflect public policy rather than mere procedure.

(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.

Official Note

See, for example, the actions mentioned in the notes to Rules 301 and 501.

The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

History

• Source: The provisions of this Rule 382 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72973) to (72974).

Chapter 400 ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY

246 Pa. Code Rule 401 Definitions. {#sec-rule-401 omnilex-key=us-pa-regs-official--title-246--Rule 401}

As used in this chapter:

(1) Plaintiff—The holder of the judgment.

(2) Defendant—A party against whom the judgment has been rendered.

Official Note

The definitions in this rule are derived from Pa. R.C.P. No. 3101(a).

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 401.1 Assignment of Judgment; Parties. {#sec-rule-401.1 omnilex-key=us-pa-regs-official--title-246--Rule 401.1}

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.

Official Note

The real party in interest (assignee) must produce an assignment of judgment on a form prescribed in accordance with Rule 212, properly executed by the original plaintiff (assignor), before the magisterial district judge notes the assignment on the docket or issues an amended notice of judgment.

When an assignment is entered on the docket pursuant to this rule, the real party in interest becomes the plaintiff as defined in Rule 401, and the original plaintiff shall have no further rights with respect to the judgment.

If the judgment is assigned while there is an outstanding order of execution, the real party in interest should notify the executing officer who is holding the order to assure that any proceeds are distributed properly.

If the judgment has been entered in the court of common pleas the magisterial district judge may not take any action pursuant to this rule. See Rule 402D(4).

The provisions of this Rule 401.1 adopted May 17, 2005, effective July 1, 2006, 35 Pa.B. 3218.

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 402 Request for Order of Execution. Entry of Judgment in Court of Common Pleas or Philadelphia Municipal Court. {#sec-rule-402 omnilex-key=us-pa-regs-official--title-246--Rule 402}

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.

(2) The magisterial district judge in whose office the judgment was rendered or entered shall accept all timely requests for an order of execution on that judgment, including when the location of the property to be levied upon is located outside the county of the magisterial district where the judgment was rendered or entered.

B. The request form shall be attached to the order, return and other matters required by these rules.

C. The plaintiff may enter the judgment, for the purpose of requesting an order of execution thereon, in an office of a magisterial district judge other than that in which it was rendered only if levy is to be made outside the county in which the judgment was rendered and the office in which the judgment is entered for execution is that of the magisterial district judge whose magisterial district is situated in the county in which levy is to be made.

The plaintiff may enter the judgment in such other office by filing therein a copy of the record of the proceedings containing the judgment, certified to be a true copy by the magisterial district judge in whose existing office the judgment was rendered or by any other official custodian of the record.

D.(1) The plaintiff may enter the judgment in the court of common pleas in any county or the Philadelphia Municipal Court. When so entered, the indexing, revival and execution of the judgment shall be in accordance with procedures applicable in the court of common pleas or the Philadelphia Municipal Court.

(2) The judgment may be entered in the court of common pleas or the Philadelphia Municipal Court by filing with the prothonotary or Philadelphia Municipal Court Administrator a copy of the record of the proceedings containing the judgment, certified to be a true copy by the magisterial district judge in whose office the judgment was rendered or by any other official custodian of the record.

(3) The judgment may be entered in the court of common pleas or the Philadelphia Municipal Court after 30 days from the date the judgment is entered by the magisterial district judge. The judgment may not be entered in the court of common pleas or the Philadelphia Municipal Court after five years from the date the judgment is entered by the magisterial district judge.

(4)(a) Within 14 days of entering the judgment in the court of common pleas or the Philadelphia Municipal Court, the plaintiff shall file satisfactory proof of the entry of judgment with the magisterial district court that entered the judgment, and the magisterial district court shall vacate the judgment from its docket.

(b) If after 14 days of entering the judgment in the court of common pleas or the Philadelphia Municipal Court, the plaintiff fails to comply with subparagraph 4(a) of this rule, the defendant may file such proof with the magisterial district court that entered the judgment, and the magisterial district court shall vacate the judgment from its docket.

(5) Except as provided in subparagraphs D(4) and D(6) of this rule, once the judgment is entered in the court of common pleas or the Philadelphia Municipal Court all further process must come from that court and no further process may be issued by the magisterial district judge.

(6) The magisterial district judge shall enter satisfaction on the docket of the magisterial district court proceedings upon the filing by any party in interest of a certified copy of the docket entries of the court of common pleas or the Philadelphia Municipal Court showing the judgment and satisfaction have been entered in that court.

E.(1) As used in this rule, a judgment marked ‘‘expired’’ is a judgment that cannot be satisfied, revived, or vacated because the five-year period designated in Rule 402 has elapsed.

(2) If the plaintiff does not request an order of execution in a magisterial district court or enter the judgment in a court of common pleas or the Philadelphia Municipal Court within five years of the date the judgment was entered by the magisterial district judge, then the judgment shall be marked expired.

Official Note

The discretionary language used throughout paragraphs A(1), C, and D is intended to reflect the various options available to the plaintiff for executing upon a judgment rendered by a magisterial district judge.

Under paragraph A(1) of this rule, the execution proceedings are commenced by requesting an ‘‘order of execution.’’ The request may not be filed before the expiration of 30 days after the date the judgment is entered by the magisterial district judge. This will give the defendant an opportunity to obtain a supersedeas within the appeal period. The request must be filed within five years of the date the judgment is entered by the magisterial district judge. No provision has been made for revival of a judgment in magisterial district court proceedings.

Under paragraph A(2), if the plaintiff requests an order of execution in the magisterial district court where the judgment was entered and the property to be levied upon is outside the county of that magisterial district, then the magisterial district judge shall accept the request and use the available automated system to facilitate the transfer of the request to the magisterial district court in the magisterial district where the property is located. The magisterial district judge who receives a request to levy upon property located outside the county of the magisterial district shall neither reject it solely on this basis nor direct the plaintiff to file it with the other court. This requirement is consistent with Rule 403A, which provides that ‘‘[u]pon the filing of the request form, the magisterial district judge. . .shall issue the order of execution thereon.’’

Paragraph C provides for entering the judgment, for the purpose of requesting an order of execution, in an office of a magisterial district judge other than that in which the judgment was rendered when levy is to be made outside the county in which the judgment was rendered. Compare Pa.R.C.P. No. 3002.

As to paragraph D, see Section 1516 of the Judicial Code, 42 Pa.C.S. § 1516. The 30-day limitation in the rule appears to be required by this Section. Certification by the magisterial district judge should not be done before the expiration of 30 days after the date of entry of the judgment. The only method available to renew a judgment would be to record the judgment in the prothonotary’s or Philadelphia Municipal Court Administrator’s office prior to the expiration of the five-year period and then follow the applicable Rules of Civil Procedure for the revival of judgments. See Pa.R.C.P. No. 3025 et seq.; see also Phila. M.C.R. Civ.P. No. 126c. Also, paragraph D makes clear that when the judgment is entered in the court of common pleas or the Philadelphia Municipal Court, all further process shall come from that court and that no further process shall be issued by the magisterial district judge except that the magisterial district judge shall enter on the magisterial district court docket vacating of the judgment due to its entry at the court of common pleas or the Philadelphia Municipal Court, or proof of satisfaction of a judgment that had been entered in the court of common pleas or the Philadelphia Municipal Court and subsequently satisfied in that court. This exception is necessary so that procedures exist for entering satisfaction of all judgments with the magisterial district court, regardless of whether the judgment has been certified to and satisfied in the court of common pleas or the Philadelphia Municipal Court. A plaintiff filing a judgment in the court of common pleas or the Philadelphia Municipal Court is required to file satisfactory proof of the entry of judgment with the magisterial district court that entered the judgment, and the magisterial district court will then vacate its judgment. This step ensures that only the enforceable common pleas or Philadelphia Municipal Court judgment will be reportable as an outstanding liability of the defendant.

Paragraph E provides that a judgment shall be marked expired if the plaintiff does not request an order of execution in a magisterial district court or enter the judgment in a court of common pleas or the Philadelphia Municipal Court within five years of the date the judgment was entered by the magisterial district judge. Limiting the time period for entry of the judgment to five years will give a plaintiff sufficient time to act without indefinitely penalizing a defendant.

The provisions of this Rule 402 amended through April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended December 15, 2000, effective January 1, 2001, 30 Pa.B. 6882; amended April 5, 2002, effective January 1, 2003, 32 Pa.B. 2199; amended September 26, 2013, effective December 25, 2013, 43 Pa.B. 5989; amended July 22, 2019, effective January 1, 2020, 49 Pa.B. 4003. Immediately preceding text appears at serial pages (368674) to (368676).

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 403 Issuance and Reissuance of Order of Execution. {#sec-rule-403 omnilex-key=us-pa-regs-official--title-246--Rule 403}

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).

C. A written request for reissuance of the order of execution filed pursuant to subparagraph B(2) must be accompanied by a copy of the court order or other documentation striking, dismissing, or terminating the appeal, writ of certiorari, or supersedeas, or lifting the bankruptcy or other stay.

Official Note

Under subdivision A, the order may be executed by the sheriff of the county in which the office of the issuing magisterial district judge is situated, as well as by any certified constable in that county.

If payment of the judgment was ordered to be made in installments under Rule 323, the magisterial district judge should not issue an order of execution on the judgment unless it appears that there was a default in the installment payments.

Subdivision B will permit the reissuance of an order of execution upon a timely-filed written request of the plaintiff. Compare Pa.R.C.P. No. 3106(b). The written request for reissuance may be in any form and may consist of a notation on the permanent copy of the request for order of execution form, ‘‘Reissuance of order of execution requested,’’ subscribed by the plaintiff. The magisterial district judge shall mark all copies of the reissued order of execution, ‘‘Reissued. Request for reissuance filed

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 404 Notation of Time of Receipt. {#sec-rule-404 omnilex-key=us-pa-regs-official--title-246--Rule 404}

The sheriff or certified constable receiving the order shall note upon the form the date and time that it was received.

Official Note

Compare Pa. R.C.P. No. 3105.

The provisions of this Rule 403 amended July 16, 2001, effective August 1, 2001, 31 Pa.B. 4056. Immediately preceding text appears at serial page (272488).

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 405 Service of Order of Execution. {#sec-rule-405 omnilex-key=us-pa-regs-official--title-246--Rule 405}

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.

Official Note

The 60 day limitation in subdivision A was considered to allow the executing officer sufficient time in which to make the levy. The executing officer may make as many levies as necessary within the 60 day limitation under an order of execution.

The provisions of the Rule 405 amended through April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended July 16, 2001, effective August 1, 2001, 31 Pa.B. 4055. Immediately preceding text appears at serial page (272488).

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 406 Property Subject to Levy. {#sec-rule-406 omnilex-key=us-pa-regs-official--title-246--Rule 406}

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.

Official Note

The first sentence in this rule restricts levy pursuant to an order of execution issued by a magisterial district judge to levy upon tangible, nonperishable personal property of the defendant. It was thought that the various intricacies applying to levy or attachment execution upon other types of property, particularly when garnishees are involved (see Pa. R.C.P. Nos. 3140—3148) were too technical and certainly too time consuming for magisterial district court execution proceedings.

The provisions of this Rule 406 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31610) and (25087).

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 407 General Monetary Exemption. {#sec-rule-407 omnilex-key=us-pa-regs-official--title-246--Rule 407}

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.

Official Note

Compare Pa. R.C.P. No. 3123(a). The general monetary exemption referred to in this rule is contained in the Judicial Code, § 8123, 42 Pa.C.S. § 8123, as amended by § 10(93) of the Judiciary Act Repealer Act, Act of April 28, 1978, P. L. 202, No. 53. The debtor may not, either by express or implied contract, waive exemptions from executions granted by statute. See the Judicial Code, § 8122, 42 Pa.C.S. § 8122, as amended by § 10(92) of the Judiciary Act Repealer Act, Act of April 28, 1978, P. L. 202, No. 53.

The provisions of this Rule 407 amended through April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (25087).

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 408 Setting Aside Exempt Property. {#sec-rule-408 omnilex-key=us-pa-regs-official--title-246--Rule 408}

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.

Official Note

Compare Pa. R.C.P. No. 3123(b), (c), (d). The provision for the plaintiff seems necessary because of the limited nature of the levy under Rule 406 and because he may not be aware, within two days, of a setting aside similar to the right of the defendant, under Rule 420A(2), to contest a levy claimed to be excessive or illegal.

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 409 Notice Accompanying Order of Execution. {#sec-rule-409 omnilex-key=us-pa-regs-official--title-246--Rule 409}

The copy of the order of execution given or made available to the defendant under Rule 405B shall contain the following notice:

(1) This Order of Execution has been issued because there is a judgment against you which remains unpaid. It may cause your tangible personal property to be taken and sold to pay the judgment.

(2) The law provides that certain property cannot be taken on this order of execution. Your real estate cannot be taken on this execution, nor can perishable personal property or personal property which is intangible such as your bank accounts. There are some other types of property which are exempt from execution under State and Federal Law, such as wearing apparel, bibles, school books, sewing machines, military uniforms and equipment, most wages and unemployment compensation, social security benefits, certain retirement funds and accounts, certain veteran and armed forces benefits, certain insurance proceeds and such other exemptions as may be provided by law.

(3) In addition, there is a general monetary exemption of $300. However, this exemption may be reduced or extinguished by the value of property you own which could be taken on a writ of execution issued by a court of common pleas but which cannot be taken on this order of execution which is issued by a magisterial district judge. For example, the $300 exemption may be reduced or extinguished by the value of your equity in real estate or by money you have in a bank account, except money in your bank account which is itself generally exempt from execution, such as social security payments. Also, the $300 exemption does not apply to a judgment for support, a judgment against a debtor who is not an individual, a judgment obtained for board for four weeks or less or a judgment for $100 or less obtained for wages for manual labor.

(4) If you are entitled to all or part of the $300 exemption, you may claim it at any time before the execution sale by notifying the officer (constable or sheriff) executing this order of your claim. You should tell the officer whether you want this exemption to be taken out of the property levied upon or out of cash from the proceeds of the sale and, if the exemption is claimed in property, you should designate the property which you choose to retain as exempt. If you claim this exemption in property, the officer executing this order will set aside, from the property designated by you, property as appraised by the officer up to the value of your exemption. If you do not claim this exemption, the officer will choose, appraise and set aside property up to the value of your exemption for you. If the property cannot be so divided, the officer will set aside from the proceeds of the sale and pay to you in cash the amount of your exemption or whatever lesser amount is received as proceeds of the sale.

(5) You may appeal to the magisterial district judge who issued this order from any appraisal or designation of property made by the officer executing this order, provided the appeal is made within two days after the appraisal or designation. Also, at any time before the sale, you may file with the magisterial district judge who issued this order 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. Upon such an appeal or objection, the magisterial district judge will notify you of the date and time of the hearing on the appeal or objection. You must be prepared at the hearing to present your side of the case. An appeal from an appraisal or designation of property made by the officer executing this order may simply state, ‘‘I appeal from the (appraisal) (designation) made by the officer executing the order of execution against me (name).’’ 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 may simply state, ‘‘I object to the levy against me (name) on the ground that it is (illegal) (excessive).’’ Appeals and objections should be made in writing.

(6) YOU MAY FEEL THAT YOU NEED THE ADVICE OF A LAWYER IN THIS MATTER. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP.

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 410 Stay of Execution Generally. {#sec-rule-410 omnilex-key=us-pa-regs-official--title-246--Rule 410}

(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.

(B) When execution is stayed pursuant to this rule, the stay may not be lifted without written order of the magisterial district judge.

(C) After a stay is lifted, execution may proceed without reissuance of the order of execution.

Official Note

Compare Pa.R.C.P. No. 3121(a). Other rules in this chapter may also provide for a stay in specific circumstances covered by those rules. The magisterial district court shall enter stays in compliance with federal or state law, such as the Servicemembers Civil Relief Act, 50 U.S.C. § § 3901 et seq.

The provisions of this Rule 410 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended June 9, 2008, effective January 1, 2009, 38 Pa.B. 3355; amended August 14, 2013, effective in 30 days on September 13, 2013, 43 Pa.B. 4967; amended April 17, 2020, effective September 1, 2020, 50 Pa.B. 2252. Immediately preceding text appears at serial pages (368341) to (368342).

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 411 Right of Executing Officer to Break and Enter. {#sec-rule-411 omnilex-key=us-pa-regs-official--title-246--Rule 411}

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.

Official Note

Compare Pa. R.C.P. No. 3127.

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 412 Notice of Sale. {#sec-rule-412 omnilex-key=us-pa-regs-official--title-246--Rule 412}

(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.

(B) The notice of sale shall include a notice that all claims to the property must be filed before sale in the magisterial district court from which the order of execution issued and that all claims to the proceeds must be filed in that court before distribution; that a proposed schedule of distribution will be filed in that court on a date specified not later than five days after the sale; and that distribution will be made in accordance with the proposed schedule unless exceptions are filed in that court within ten days thereafter. No further notice of the filing of the schedule of distribution need be given.

(C) If a new date for sale is set, new notice shall be given as prescribed in paragraphs (A) and (B) of this rule.

Official Note

Compare Pa.R.C.P. No. 3128. See Section 8151 of the Judicial Code, 42 Pa.C.S. § 8151, as to giving notice to the Department of Revenue.

The provisions of this Rule 412 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875; amended June 9, 2008, effective January 1, 2009. Immediately preceding text appears at serial page (309546).

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 413 Objections to Levy and Property Claims. {#sec-rule-413 omnilex-key=us-pa-regs-official--title-246--Rule 413}

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.

Official Note

This rule provides for a stay of sale pending determination under Rule 420 of the matters mentioned. As to the defendant’s objections, see generally Pa. R.C.P. No. 3121. As to a stay because of property claims, see Pa. R.C.P. No. 3121(a)(3).

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 414 Plaintiff as Purchaser. {#sec-rule-414 omnilex-key=us-pa-regs-official--title-246--Rule 414}

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.

Official Note

Compare Pa. R.C.P. No. 3133. Since only tangible, personal property is involved, lien creditors are not included in this provision as they are in the cited rule.

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 415 Transfer of Property to Purchaser. {#sec-rule-415 omnilex-key=us-pa-regs-official--title-246--Rule 415}

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.

Official Note

Compare Pa. R.C.P. No. 3134.

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 416 Distribution of Proceeds. Priorities. {#sec-rule-416 omnilex-key=us-pa-regs-official--title-246--Rule 416}

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.

Official Note

Subdivision C makes clear that it is the responsibility of the executing officer to distribute the proceeds of the sale directly to the party or parties entitled to receive the proceeds. The executing officer should segregate from personal funds, hold in escrow, and ensure the safekeeping of any proceeds held prior to distribution.

Compare Pa. R.C.P. No. 3136(a), (b), (d), and 3137(a). Subdivision D of this rule bases the determination of priorities on the diligence of the plaintiffs and recognizes that there may be more than one executing officer in some instances. It differs from Rule 3137(a) under which priorities are based on the time of delivery of the writs of execution to the sheriff, since it was thought that priorities should not depend upon the time of transmission of the order of execution from the magisterial district judge to the executing officer.

The provisions of this Rule 416 amended March 2, 1977, 7 Pa.B. 893; effective March 2, 1977; amended October 26, 2004, effective January 1, 2005, 34 Pa.B. 6131. Immediately preceding text appears at serial pages (256520) and (303835).

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 417 Officer’s Expenses and Fees. {#sec-rule-417 omnilex-key=us-pa-regs-official--title-246--Rule 417}

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.

Official Note

This rule will restrict requiring advance payments before service of the order of execution to payments for expenses and fees, including mileage, incident to levy. Compare Pa. R.C.P. No. 3138. See also Rule 419(7).

Amended June 1, 1971, effective immediately.

The provisions of this Rule 417 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (31613).

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 418 Abandonment of Levy for Inability to Hold Sale. {#sec-rule-418 omnilex-key=us-pa-regs-official--title-246--Rule 418}

(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.

Official Note

Compare Pa.R.C.P. No. 3120(2). This rule requires the executing officer to abandon the levy if sale is not held within three months, excluding time periods when the execution may be stayed, but in all cases the levy must be abandoned if the sale is not held within six months of the levy. It was considered that the particular execution proceedings should terminate under these circumstances.

The provisions of this Rule 418 amended March 2, 1977, 7 Pa.B. 893, effective March 2, 1977; amended June 9, 2008, effective January 1, 2009, 38 Pa.B. 3356. Immediately preceding text appears at serial page (309548).

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 419 Officer’s Return. {#sec-rule-419 omnilex-key=us-pa-regs-official--title-246--Rule 419}

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.

Official Note

Compare Pa. R.C.P. No. 3139. The return required by this rule is quite detailed in view of the fact that executing officers will often be constables.

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 420 Determination of Property Claims and Disputes. {#sec-rule-420 omnilex-key=us-pa-regs-official--title-246--Rule 420}

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.

B. In acting under subdivision A of this rule, the magisterial district judge may:

(1) Reappraise or redesignate property appraised or designated by the executing officer, or order inclusion in the levy of property set aside by that officer.

(2) Order the abandonment of the levy in whole or part, or release property from the levy.

(3) Stay or prohibit a sale of all or part of the property levied upon.

(4) Order that property levied upon be released to a third party who has a valid claim thereto.

(5) Stay the distribution, or order a distribution different than that proposed by the executing officer.

C. The magisterial district judge from whose office the order of execution issued may, upon written request of any party in interest made before delivery of property sold pursuant to the order and upon proper cause shown, set aside the sale of that property and order a resale or enter any other order which may be just and proper under the circumstances.

Official Note

Subdivision A of this rule sets forth the various disputes concerning the execution that, along with property claims, may be brought before the magisterial district judge. Subdivision B sets forth the relief that the magisterial district judge may grant in connection with these disputes. The provisions of this rule can be compared with the Pennsylvania Rules of Civil Procedure as follows:

A(1)—See Pa. R.C.P. No. 3123(d)

A(2)—See Pa. R.C.P. Nos. 3119(2) and 3121

A(3)—See Pa. R.C.P. Nos. 3121(a) and 3202

A(4)—See Pa.R.C.P. No. 3136(f)

B(1)—See Pa. R.C.P. No. 3123(d)

B(2)—See Pa. R.C.P. Nos. 3119(2) and 3121

B(3)—See Pa. R.C.P. No. 3121

B(4)—See Pa. R.C.P. Nos. 3201-3213

B(5)—See Pa. R.C.P. Nos. 3136 and 3213

This rule does not provide for a preliminary determination by the executing officer as to the merits of a property claim by a third party (see Pa. R.C.P. Nos. 3206, 3207), for it was considered that the magisterial district judge should be readily available for this purpose and that it would not be desirable to allow constables to make any such determination. Also, it was thought to be permissible to require the magisterial district judge to make the determinations and to take the actions mentioned in this rule as an exercise of power ancillary to the magisterial district judges general power to order execution of the judgment. Subdivision C of the rule is based on Pa. R.C.P. No. 3132.

The provisions of this Rule 420 amended April 22, 2004, effective July 1, 2004, 34 Pa.B. 2465. Immediately preceeding text appears at serial pages (256522) and (300293).

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 421 Time for Hearing and Determination; Effective Date of Orders and Determination. {#sec-rule-421 omnilex-key=us-pa-regs-official--title-246--Rule 421}

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.

Official Note

Paragraph A of this rule provides a time schedule within which the matters mentioned in Rule 420 must be heard and determined. These matters should be dealt with expeditiously.

Paragraph D provides that, except for stays, determinations and orders of the magisterial district judge concerning the execution proceedings shall not take effect until after the expiration of ten days from the date of entry of the determination or order. This will give any aggrieved party in interest a chance to obtain a stay by filing a statement of objection in the court of common pleas during that period of time. See Rule 1016.

The form to be used for the Notice required by Rule 421 shall be in substantially the following form:NoticePLAINTIFF

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 481 Acts of Assembly Suspended. {#sec-rule-481 omnilex-key=us-pa-regs-official--title-246--Rule 481}

All Acts of Assembly or parts thereof inconsistent with the execution rules in this chapter are suspended to the extent of such inconsistency.

The provisions of this Rule 481 amended through April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (25091) to (25094).

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

246 Pa. Code Rule 482 Acts of Assembly Not Suspended. {#sec-rule-482 omnilex-key=us-pa-regs-official--title-246--Rule 482}

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.

Official Note

This Section provides that members of cooperative associations shall be individually liable but that no execution can be issued against any member individually until execution on a judgment against the association is returned unsatisfied in whole or in part.

(3) Section 3377 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 3377.

Official Note

This Section of the Probate, Estates and Fiduciaries Code provides that execution shall not issue upon property of the estate of a decedent except upon certain conditions.

(4) Sections 9 and 10 of the Act of May 21, 1921, P. L. 1045, No. 379, 39 P. S. § § 359, 360.

Official Note

These Sections of the Fraudulent Conveyance Act relate to equitable remedies of creditors.

(5) Section 1 of the Act of May 24, 1933, P. L. 987, 40 P. S. § 117.

Official Note

This Section relates to the right of a plaintiff to maintain an action against an indemnity insurer upon return of execution unsatisfied against the insured.

(6) Section 1516 of the Judicial Code, 42 Pa.C.S. § 1516.

Official Note

This Section pertains to lien of judgment when the judgment is entered in the court of common pleas.

(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.

Official Note

This Section requires a report or return concerning property to be sold on execution to be given to the Department of Revenue, unless exempted by regulation of that Department.

(8) Section 21 of the Act of April 6, 1937, P. L. 200, 63 P. S. § 281-21.

Official Note

This Section provides that, with certain exceptions, a pawnbroker shall have first lien on all pledges and shall not be required by legal process to deliver a pledge without surrender of the pawn ticket.

(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.

Official Note

These Sections provide for landlord’s priority for rent on execution sale against his tenant.

(10) Sections 1114 and 1116(b) of the Vehicle Code, 75 Pa.C.S. § § 1114 and 1116(b).

Official Note

These Sections of the Vehicle Code relate to change of ownership by operation of law or judicial sale and to certificates of title.

(11) Any Act of Assembly providing immunity or exemption of property from execution.

Official Note

See, for example, the exemptions from execution contained in Subchapter B of Chapter 81 of the Judicial Code, 42 Pa.C.S. § 8121, et seq.

The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

History

• Source: The provisions of this Rule 482 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43165).

Chapter 500 ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY

246 Pa. Code Rule 501 Definitions. {#sec-rule-501 omnilex-key=us-pa-regs-official--title-246--Rule 501}

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.

Official Note

Distress for rent will not be covered in rules of civil procedure for magisterial district judges, for it is not an action or proceeding before a magisterial district judge and any constable carrying out the ‘‘landlord’s warrant’’ is acting as an agent of the landlord and not as an officer serving process of a magisterial district judge. See Section 302 of the Landlord and Tenant Act of 1951, 68 P.S. § 250.302. Actions for rent (§ 301 of the Act, 68 P.S. § 250.301) and to defalcate (§ 307 of the Act, 68 P.S. § 250.307) are not included in this chapter, for these are actions of assumpsit. See also § 572 of the Act, added by Act of May 3, 1968, P.L. 107, No. 56, § 1, 68 P.S. § 250.512. A number of trespass actions are also detailed in the Landlord and Tenant Act of 1951 (see § § 311—313, 68 P.S. § § 250.311—250.313), and these would be brought under the rules pertaining to trespass actions. Consequently, this chapter will be concerned only with the action for the recovery of possession of real property. But see Rules 503C(8) and 508 as to joinder of actions and cross-complaints.

The definition of a victim of domestic violence is derived from 68 P.S. § 250.513.

The provisions of this Rule 501 amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 4502. Immediately preceding text appears at serial page (401705).

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 502 Venue. Commencement of the Action. {#sec-rule-502 omnilex-key=us-pa-regs-official--title-246--Rule 502}

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.

Official Note

Since only recovery of possession of real property and incidental matters are involved, the reason for the restriction on venue in subdivision A is obvious. Compare Pa. R.C.P. No. 1052.

The provisions of this Rule 502 amended June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43168).

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 503 Form of Complaint. {#sec-rule-503 omnilex-key=us-pa-regs-official--title-246--Rule 503}

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.

C. The complaint shall be signed by the landlord or landlord’s agent and verified as follows:

The facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 504 Setting the Date for Hearing; Delivery for Service; Notice to Tenant or Occupant. {#sec-rule-504 omnilex-key=us-pa-regs-official--title-246--Rule 504}

The magisterial district judge, at the time the complaint is filed, shall:

(a) Set a hearing date that shall be not less than seven or more than fifteen days from the date the complaint is filed.

(b) Insert the hearing time and date and the address of the magisterial district judge’s magisterial district in the complaint form.

(c) Deliver a copy of the complaint form with hearing time and date thereon to the landlord or the landlord’s agent.

(d) 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:

TO THE TENANT: You have been sued in court. You may appear at the hearing and defend against the claims set forth in the complaint. If you do not intend to dispute this claim, you do not need to appear in court and a judgment may be entered against you in your absence.

Failure to appear at the scheduled hearing may result in a judgment entered against you for possession and costs, as well as damages and rent if claimed. A judgment against you for possession may result in your eviction from the premises.

If you have a claim against the landlord arising out of the occupancy of the premises, which is within magisterial district court jurisdiction and that you intend to assert at the hearing, you must file it on a complaint form at this office before the time set for the hearing.

TO AN OCCUPANT: If you are an occupant of the premises, you may be evicted if you take no action upon receipt of this complaint, even if you are not named in the complaint. You may be able to be added to the case and defend your interests in remaining at the premises by: (1) filing an intervention request at this office any time before the hearing on the complaint; and (2) proving at the hearing that you are a tenant of the landlord. See Pa.R.Civ.P.M.D.J. 513.1. If you have a claim against the landlord arising out of the occupancy of the premises and that is within the jurisdiction of the magisterial district judge, you must file it on a complaint form at the same time as the intervention request. If you are added to the case as a tenant, you may be liable for any judgment entered in favor of the landlord, including property damage, back rent, court costs, and fees.

---

If you need information about hiring a lawyer to represent you in this matter, contact either your county bar association or legal services agency.

The hearing date in subdivision (a) is required to be set not less than seven days from the filing of the complaint because of the requirement in Pa.R.Civ.P.M.D.J. 506(b) that service be made at least five days before the hearing. It was thought that the requirement that the hearing be held not more than 15 days from the filing of the complaint should provide ample time to make the type of service required in these cases.

The notice for the tenant set forth in subdivision (d) varies somewhat from the notice required in civil actions under Pa.R.Civ.P.M.D.J. 305. There are a number of reasons for this. First, there can be no default judgment in these possessory actions and, secondly, it was thought that cross-complaints of tenants in these cases should be limited to those arising out of the occupancy of the premises. The notice in subdivision (d) is also intended for occupants of the property who are not named in the complaint.

The provisions of this Rule 504 amended October 17, 1975, effective in 90 days; amended June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266; amended March 28, 1996, effective March 29, 1996, 26 Pa.B. 1691; amended February 12, 2002, effective immediately, 32 Pa.B. 1176; amended August 19, 2020, effectice January 1, 2021, 50 Pa.B. 4491; amended April 25, 2024, effective January 1, 2025, 54 Pa.B. 2482. Immediately preceding text appears at serial pages (402939) to (402940).

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 504.1 Mediation. {#sec-rule-504.1 omnilex-key=us-pa-regs-official--title-246--Rule 504.1}

(a) The court of common pleas may promulgate a local rule of procedure pursuant to Pa.R.J.A. 103(d) permitting mediation of residential landlord-tenant actions in proceedings commenced pursuant to Pa.R.Civ.P.M.D.J. 502.

(b) A local rule promulgated pursuant to this rule shall not require mediation as a precondition to filing a complaint.

(c) The president judge shall approve entities and individuals authorized to conduct mediation in the judicial district.

As used in this rule, mediation means a process, however labeled, by which a neutral third party assists the parties in attempting to reach a mutually acceptable agreement on issues arising out of a residential landlord-tenant action.

The requirements for the promulgation and amendment of local procedural rules are set forth in Pa.R.J.A. 103(d).

A local rule may address aspects of a mediation program, such as whether mediation is mandatory or voluntary, or the types of landlord-tenant actions subject to mediation, i.e., nonpayment of rent, end-of-lease terms, or breach of conditions of the lease. See also Pa.R.Civ.P.M.D.J. 209(c)(2)(ii) pertaining to continuances.

This rule does not require a judicial district to create, fund, or staff a mediation program.

The provisions of this Rule 504.1 added July 31, 2025, effective October 1, 2025, 55 Pa.B. 5859.

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 505 Numbering and Filing of Complaints. {#sec-rule-505 omnilex-key=us-pa-regs-official--title-246--Rule 505}

The numbering and filing of complaints shall be in accordance with Rule 306.

Official Note

This rule simply refers to Rule 306 of the trespass and assumpsit rules so that it will not be necessary to set up a separate numbering system for possessory actions.

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 506 Service of Complaint. {#sec-rule-506 omnilex-key=us-pa-regs-official--title-246--Rule 506}

(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.

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.

The provisions of this Rule 506 adopted October 15, 1969, effective January 1, 1970; amended July 8, 1975, effective immediately; amended October 17, 1975, effective in 90 days; amended January 29, 1976, effective in 30 days; amended April 25, 1979, effective in 30 days; amended June 30, 1982, effective 30 days after July 17, 1982; amended July 16, 2001, effective August 1, 2001; amended January 6, 2005, effective January 29, 2005; amended June 2, 2008, effective June 9, 2008; amended December 20, 2013, effective February 20, 2014, 44 Pa.B. 13, 14; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 4491; amended April 25, 2024, effective January 1, 2025, 54 Pa.B. 2482. Immediately preceding text appears at serial pages (402940) to (402941).

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 507 Notation and Return of Service; Waiver of Service. {#sec-rule-507 omnilex-key=us-pa-regs-official--title-246--Rule 507}

(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.

The provisions of this Rule 507 amended January 29, 1976, 6 Pa.B. 361; amended December 20, 2013, effective February 20, 2014, 44 Pa.B. 13; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 4491; amended April 25, 2024, effective January 1, 2025, 54 Pa.B. 2482. Immediately preceding text appears at serial page (402941).

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 508 Claim by Tenant. {#sec-rule-508 omnilex-key=us-pa-regs-official--title-246--Rule 508}

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.

Official Note

As to subdivision A of this rule, see Rule 504, Note. See also 42 Pa.C.S. § 1515(a)(3), as to waiver of jurisdictional limits, the tenant filing a cross-complaint being considered a ‘‘plaintiff’’ as to the cross-complaint within the meaning of this statute.

Subdivision B sets forth the time limits for setting hearings when a cross-complaint is filed. These limits recognize the need for reasonable expedition in these cases.

Subdivision C contains provisions for service of the cross-complaint. Mail service need not be by certified or registered mail.

Since a cross-complaint is in the nature of a responsive pleading there is no fee for filing it.

The provisions of this Rule 508 amended through April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended July 16, 2001, effective August 1, 2001, 31 Pa.B. 4055; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 4491. Immediately preceding text appears at serial pages (370073) to (370074).

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 509 Amendments to Complaint. {#sec-rule-509 omnilex-key=us-pa-regs-official--title-246--Rule 509}

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.

Official Note

This rule is the same as Rule 316 of the civil rules.

The provisions of this Rule 509 is adopted October 15, 1969, effective January 1, 1970; amended June 30, 1982, effective 30 days after July 17, 1982; adopted June 9, 2008, immediately effective

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 510 {Rescinded}. {#sec-rule-510 omnilex-key=us-pa-regs-official--title-246--Rule 510}

Official Note

See Rule 213 governing subpoenas.

The provisions of this Rule 510 amended June 30, 1982, effective 30 days after July 17, 1982; amended December 15, 2000, effective January 1, 2001; amended December 15, 2000, effective January 1, 2001, 30 Pa.B. 6882; rescinded September 3, 2003, effective January 1, 2004, 33 Pa.B. 4663. Immediately preceding text appears at serial page (281660).

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 511 Continuances. {#sec-rule-511 omnilex-key=us-pa-regs-official--title-246--Rule 511}

Official Note

See Rule 209 governing continuances.

The provisions of this Rule 511 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended March 15, 1994, effective upon publication, 24 Pa.B. 1675; amended December 16, 2004, effective July 1, 2005, 35 Pa.B. 10. Immediately preceding text appears at serial pages (300298) and (281661).

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 512 Hearings and Evidence. {#sec-rule-512 omnilex-key=us-pa-regs-official--title-246--Rule 512}

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.

Official Note

Subdivision A of this rule is intended to make clear that the magisterial district judge shall not enter a default judgment in a possessory action, including a judgment for money only. The landlord shall appear and give testimony to prove the complaint even when the tenant fails to appear for the hearing. See Rule 514A and Note. See also Section 503(a) of the Landlord and Tenant Act of 1951, 68 P.S. § 250.503(a). When the landlord fails to appear at the hearing, the magisterial district judge may continue the hearing for cause or dismiss the complaint without prejudice.

Subdivision B of this rule is the same as Rule 321 of the civil action rules.

The provisions of this Rule 512 amended June 30, 1982, effective 30 days after July 17, 1982; amended November 25, 2002, effective July 1, 2003, 32 Pa.B. 6080; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 4491. Immediately preceding text appears at serial pages (370074) and (386615).

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 513 Disputes Concerning Title. {#sec-rule-513 omnilex-key=us-pa-regs-official--title-246--Rule 513}

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.

Official Note

This rule sets forth the procedures when there is a dispute concerning title.

The provisions of this Rule 513 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 4491. Immediately preceding text appears at serial page (386615).

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 513.1 Intervention. {#sec-rule-513.1 omnilex-key=us-pa-regs-official--title-246--Rule 513.1}

(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.

(c) Docketing. The magisterial district court shall enter the intervention request on the docket of the action commenced pursuant to Pa.R.Civ.P.M.D.J. 502.

(d) Service. The magisterial district court shall serve a copy of the intervention request by mailing it to the parties at the addresses as listed on the complaint form in the action or by handing it to the parties or the attorneys of record, if any. Notice of an intervention request shall constitute grounds for a continuance by the landlord.

(e) Hearing. The requester shall appear at the hearing and present evidence in support of the intervention request.

(f) Findings. If the magisterial district judge finds that the requester is a tenant of the landlord, the requester shall be added to the action as a tenant, and the action shall proceed pursuant to Pa.R.Civ.P.M.D.J. 512.

(g) Cross-complaint by Requester. If the requester has a claim against the landlord that arises out of the occupancy of the premises and that is within the jurisdiction of the magisterial district judge:

(1) the requester shall file the cross-complaint on the form prescribed for civil complaints with the intervention request;

(2) the requester’s cross-complaint shall be served on the parties at the same time and in the same manner as the intervention request; and

(3) if the requestor’s intervention request is granted, the magisterial district judge shall conduct the hearing on the cross-complaint at the same time as the hearing in the underlying action.

This rule establishes procedures for an individual to file an intervention request in an action commenced pursuant to Pa.R.Civ.P.M.D.J. 502 and present a defense to the complaint.

While Pa.R.Civ.P.M.D.J. 210(b) generally prohibits the addition of a party after the complaint is filed, Pa.R.Civ.P.M.D.J. 513.1 permits the addition of a party in the limited circumstance of an individual requesting to intervene in an action. Allowing the magisterial district court to consider such matters serves the general interests of the parties by avoiding delays that could occur by seeking relief at the court of common pleas.

At the hearing, the magisterial district judge will first consider and decide the request to intervene in the action. The requester must present evidence and testimony at the hearing in support of the request to intervene. Examples of evidence include, but are not limited to, a written lease, copies of cancelled checks, and receipts. See Pa.R.Civ.P.M.D.J. 512. If the magisterial district judge grants the intervention request, the requester shall be added to the action as a tenant and the hearing shall proceed on the underlying action.

If the requester is added to the case as a tenant, he or she may be liable for any judgment entered in favor of the landlord, including property damage, back rent, court costs and fees.

See Pa.R.Civ.P.M.D.J. 508 for provisions regarding cross-complaints in landlord-tenant actions, generally. Subdivision (g)(3) requires filing of a cross-complaint at the same time as the intervention request to ensure the underlying matter proceeds in a relatively expeditious manner.

The provisions of this Rule 513.1 added April 25, 2024, effective January 1, 2025, 54 Pa.B. 2482.

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 514 Judgment; Notice of Judgment or Dismissal and the Right to Appeal. {#sec-rule-514 omnilex-key=us-pa-regs-official--title-246--Rule 514}

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.

B. The magisterial district judge shall make an entry on the judgment identifying the sum of money found by the magisterial district judge to constitute the monthly rental for the leasehold premises.

C. A money judgment may be rendered for the tenant on a cross-complaint filed by the tenant if the amount found due thereon exceeds any amount found due the landlord on the landlord’s complaint.

D. Entry of judgment.

(1) Judgment shall be given at the conclusion of the hearing or within three days thereafter.

(2) Upon the entry of the judgment, the magisterial district court shall promptly give or mail to the parties written notice of judgment or dismissal.

E. 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 a tenant in a residential lease action who is a victim of domestic violence may appeal the judgment within 30 days of the date of entry of judgment, as well as filing instructions for asserting such an appeal;

(3) 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

(4) 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 debtor pays in full, settles, or otherwise complies with the judgment.

Subdivision A of this rule requires that the landlord appear and give testimony to prove the complaint before the magisterial district judge can enter judgment against the tenant, even when the tenant fails to appear for the hearing. The magisterial district judge shall not enter a default judgment in a possessory action, including a judgment for money only. See Rule 512A and Note. The various issues that the magisterial district judge must determine at the hearing include: whether notice to quit was given to the tenant in accordance with law or thatno notice was required under the terms of the lease; the amount or rent due, if any; damages to the leasehold premises, if any; the amount found to constitute the monthly rental; and, the amount of the security deposit held by the landlord, if any.

As to the notice to quit requirement, see Section 501 of the Landlord and Tenant Act of 1951, 68 P.S. § 250.501. See also Patrycia Bros., Inc. v. McKeefrey, 38 Pa. D. & C.2d 149 (Delaware County C.P. 1966).

The separate entries provided in subdivision A are made necessary as a result of the rental deposit provisions for appeal or certiorari contained in Rules 1008(b)-(c) and 1013(b)-(c), as well as the wage attachment provisions contained in 42 Pa.C.S. § 8127.

If the magisterial district judge permits a security deposit held by the landlord to be used as an offset against a monetary judgment, the amount of the security deposit so applied must be identified as such on the judgment form. There are limited circumstances when application of the security deposit to offset a monetary judgment is appropriate, such as when the tenant has already left the property, the landlord has had the opportunity to inspect the property, both parties have appeared before the magisterial district judge, and the parties agree that the security deposit should be used to offset the judgment. For additional requirements regarding the return of a security deposit, including the provision of a list of damages and remission of the deposit less the cost of damages within 30 days of termination of the lease or upon surrender and acceptance of the leasehold premises, see Section 512 of the Landlord and Tenant Act of 1951, 68 P.S. § 250.512.

Subdivision C of this rule provides for a money judgment for the tenant if the tenant prevails in a greater amount on the tenant’s cross-complaint.

Subdivision E of this rule provides for certain notices the magisterial district court shall include in the written notice of judgment or dismissal.

Subdivision E(2) reflects that the appeal period for a victim of domestic violence in a case arising out of a residential lease is 30 days. See Rule 1002B(2); see also 68 P.S. § 250.513. A tenant who is a victim of domestic violence may file a domestic violence affidavit with the magisterial district court to stay the execution of an order for possession until 30 days after the date of entry of the judgment, the filing of an appeal with the court of common pleas pursuant to Rule 1002, or by order of the court of common pleas, whichever is earlier. See Rule 514.1.

As to subdivision E(3), see Rule 402D and Note. As to subdivision E(4), see Rule 341.

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

Rule 514 provides for the written notice of a decision in a Landlord-Tenant case. Said Rule requires that District Justices provide written notification of the judgment to the parties regardless if the parties appeared at the hearing.

The provisions of this Rule 514 amended April 25, 1979, effective in 30 days; June 30, 1982, effective 30 days after July 17, 1982; amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended March 28, 1996, effective March 29, 1996, 26 Pa.B. 1691; amended April 5, 2002, effective January 1, 2003, 32 Pa.B. 2199; amended November 25, 2002, effective July 1, 2003, 32 Pa.B. 6080; amended June 1, 2006, effective October 1, 2006, 36 Pa.B. 2955; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 4502; amended October 20, 2021, effective January 1, 2022, 51 Pa.B. 6771; amended April 21, 2026, effecftive November 1, 2026, 56 Pa.B. 2569. Immediately preceding text appears at serial pages (425857) to (425859).

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 514.1 Domestic Violence Affidavit. {#sec-rule-514.1 omnilex-key=us-pa-regs-official--title-246--Rule 514.1}

(a) Time to File. Within 30 days after the entry of judgment for possession by the magisterial district judge, the tenant in a residential lease action who is a victim of domestic violence may file a domestic violence affidavit with the magisterial district court to stay the execution of an order for possession, subject to the limits of subdivision (c).

(b) Form of Affidavit. 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) Length of Stay. The filing of the domestic violence affidavit with the magisterial district court shall stay the execution of an order for possession for up to 30 days after entry of the judgment by the magisterial district judge. The stay will terminate as of the earliest of:

(1) the filing of an appeal with the prothonotary pursuant to Pa.R.Civ.P.M.D.J. 1002B(2);

(2) 30 days after the date of entry of the judgment by the magisterial district judge; or

(3) by order of the court of common pleas.

(d) Docket. The magisterial district court shall enter the domestic violence affidavit on the docket of the residential lease action.

(e) Service on Landlord. 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) Appeal. The tenant shall attach a copy of the domestic violence affidavit to an appeal filing made pursuant to Pa.R.Civ.P.M.D.J. 1002B(2)(a).

(g) Confidentiality. The domestic violence affidavit is not a public record and it shall not be publicly accessible.

The appeal period for a tenant who is a victim of domestic violence in a case arising out of a residential lease is 30 days. See Pa.R.Civ.P.M.D.J. 1002B(2)(a); see also 68 P.S. § 250.513(b). A tenant who is a victim of domestic violence may file a domestic violence affidavit with the magisterial district court to prevent the execution of an order for possession prior to filing an appeal. The filing of the affidavit will prohibit the execution of an order for possession until after the 30th day following the date of entry of judgment, giving the tenant time to make the necessary appeal filing with the prothonotary pursuant to Pa.R.Civ.P.M.D.J. 1002B(2)(a). If the tenant does not file a domestic violence affidavit with the magisterial district court within 21 days following the date of entry of judgment, the tenant is at risk of eviction. The domestic violence affidavit may only be filed during the period between the entry of the judgment in the magisterial district court and the filing of an appeal with the prothonotary, but no later than 30 days after the date of judgment.

The domestic violence affidavit set forth in subdivision (b) 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, and the docket number for any protection from abuse case involving the tenant who is a victim of domestic violence and the perpetrator. The affidavit shall contain the tenant’s verification that the statements made in the affidavit are true and correct to the best of the tenant’s knowledge, information, and belief, and that any false statements are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

No posting of money or bond is required to obtain a stay with the filing of a domestic violence affidavit. However, upon the filing of an appeal pursuant to Pa.R.Civ.P.M.D.J. 1002B(2)(a), the stay is lifted, and the supersedeas requirements of Pa.R.Civ.P.M.D.J. 1008 shall apply.

If the landlord wishes to challenge the affidavit of domestic violence, the landlord shall only do so by filing an appropriate motion in the court of common pleas. No action challenging the domestic violence affidavit on any grounds shall be filed in the magisterial district court.

This rule establishes that the domestic violence affidavit is not a public record and shall not be publicly accessible. See Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, Section 9.0F.

The provisions of this Rule 514.1 adopted on August 19, 2020, effective January 1, 2021, 50 Pa.B. 4502; amended November 24, 2025, effective April 1, 2026, 55 Pa.B. 8227. Immediately preceding text appears at serial pages (407187) to (407188).

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 515 Request for Order for Possession. {#sec-rule-515 omnilex-key=us-pa-regs-official--title-246--Rule 515}

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.

The 15 days in subdivision A of this rule, when added to the 16-day period provided for in Rule 519A, will give the tenant time to obtain a supersedeas within the appeal period. See Rules 1002, 1008, 1009, and 1013.

The 1995 amendment to section 513 of The Landlord and Tenant Act of 1951, 68 P.S. § 250.513, established a 10-day appeal period from a judgment for possession of real estate arising out of a residential lease. See also Rule 1002B(1). Rule 1002B(2)(a) provides for a 30-day appeal period for tenants who are victims of domestic violence. In most cases, the filing of the request for an order for possession in subdivision B(1) is not permitted until after the appeal period has expired. In cases arising out of a residential lease, the request for an order for possession generally must be filed within 120 days of the date of the entry of the judgment.

If the tenant is a victim of domestic violence, he or she may file a domestic violence affidavit to stay the execution of the order for possession until the tenant files 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. See Rule 514.1C. No posting of money or bond is required to obtain a stay with the filing of a domestic violence affidavit; however, upon the filing of an appeal pursuant to Rule 1002, the stay is lifted, and the supersedeas requirements of Rule 1008 shall apply.

The magisterial district court shall enter stays in compliance with federal or state law, such as the Servicemembers Civil Relief Act, 50 U.S.C. § § 3901 et seq.

Subdivision B(2) provides that in a case arising out of a residential lease, if a supersedeas (resulting from an appeal or writ of certiorari) or bankruptcy or other stay is stricken, dismissed, lifted, or otherwise terminated, thus allowing the landlord to proceed with requesting an order for possession, the request may be filed only within 120 days of the date the supersedeas or the bankruptcy or other stay is stricken, dismissed, lifted, or otherwise terminated.

In many judicial districts, appeals of magisterial district court judgments are submitted to compulsory arbitration pursuant to Pa.R.Civ.P. 1301—1314. If, after the arbitration, the prothonotary enters an award for possession on the docket in favor of the landlord and the tenant fails to maintain the supersedeas required by Rule 1008 prior to the prothonotary entering judgment on the award, then the landlord may terminate the supersedeas pursuant to Rule 1008(b) or Rule 1008(c) and request an order of possession from the magisterial district judge pursuant to Rule 515. If the prothonotary enters an award on the docket in favor of the tenant and the tenant fails to maintain the supersedeas prior to the prothonotary entering judgment on the award, the landlord may not obtain an order of possession between the time that the prothonotary enters the arbitration award on the docket and the time that the landlord files a notice of appeal.

The time limits in which the landlord must request an order for possession imposed in subdivision B apply only in cases arising out of residential leases and in no way affect the landlord’s ability to execute on the money judgment. See Rule 516, Note, and Rule 521A.

At the time the landlord files the request for an order for possession, the magisterial district court should collect server fees for all actions through delivery of possession. Thereafter, if the order for possession is satisfied 48 hours or more prior to a scheduled delivery of possession, a portion of the server costs may be refundable. See Rules 516 through 520 and 44 Pa.C.S. § 7161(d).

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

Rule 515 clarifies that an order for possession cannot be taken until the sixteenth (16th) day following the date of judgment, and the Rule provides that the amount of judgment be set forth on the order for possession form.

In addition, the Rule recognizes that the ‘‘request, order, return and other matters’’ will be on separate forms, under the District Justice Automation Project.

The provisions of this Rule 515 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended March 28, 1996, effective March 29, 1996, 26 Pa.B. 1691; amended April 5, 2002, effective July 1, 2002, 32 Pa.B. 2207; amended April 17, 2020, effective September 1, 2020, 50 Pa.B. 2252; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 4491 and 4502; amended December 4, 2020, effective January 1, 2021, 50 Pa.B. 7129; amended June 4, 2021, effective January 1, 2022, 51 Pa.B. 3337; amended April 21, 2026, effective November 1, 2026, 56 Pa.B. 2569. Immediately preceding text appears at serial pages (407189) to (407190).

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 516 Issuance and Reissuance of Order for Possession. {#sec-rule-516 omnilex-key=us-pa-regs-official--title-246--Rule 516}

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).

C. In a case arising out of a residential lease, a request for reissuance of an order for possession may be filed only within 120 days of the date of the entry of the judgment or, in a case in which the 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, only within 120 days of the date the appeal, writ of certiorari, or supersedeas is stricken, dismissed, or otherwise terminated or the bankruptcy or other stay is lifted.

D. A written request for reissuance of the order for possession, filed after an appeal, writ of certiorari, or supersedeas is stricken, dismissed, or otherwise terminated, or a bankruptcy or other stay is lifted, must be accompanied by a copy of the court order or other documentation striking, dismissing, or terminating the appeal, writ of certiorari, or supersedeas, or lifting the bankruptcy or other stay.

The order for possession deals only with delivery of possession of real property and not with a levy for money damages. A landlord who seeks execution of the money judgment part of the judgment must proceed under Rule 521A, using the forms and procedure there prescribed. The reason for making this distinction is that the printed notice requirements on the two forms, and the procedures involved in the two matters, differ widely.

Subdivision B provides for reissuance of the order for possession for one additional 60-day period. However, pursuant to subdivision C, in cases arising out of a residential lease, the request for reissuance of the order for possession must be filed within 120 days of the date of the entry of the judgment or, in a case in which the 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, only within 120 days of the date the appeal, writ of certiorari, or supersedeas is stricken, dismissed, or otherwise terminated, or the bankruptcy or other stay is lifted. The additional 60-day period need not necessarily immediately follow the original 60-day period of issuance. The written request for reissuance may be in any form and may consist of a notation on the permanent copy of the request for order for possession form, ‘‘Reissuance of order for possession requested,’’ subscribed by the landlord. The magisterial district judge shall mark all copies of the reissued order for possession, ‘‘Reissued. Request for reissuance filed

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 517 Notation of Time of Receipt; Service of Order for Possession. {#sec-rule-517 omnilex-key=us-pa-regs-official--title-246--Rule 517}

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.

Official Note

Under this rule, service must be made both by first class mail and delivery for service in the manner prescribed. The differing lengths of notices set forth for nonresidential leases and residential leases are made necessary by reason of the 1995 amendment to Section 513 of the Landlord and Tenant Act of 1951, 68 P.S. § 250.513. See Rule 515, Note.

Amended October 17, 1975, effective in 90 days; April 25, 1979, effective in 30 days; June 30, 1982, effective 30 days after July 17, 1982; March 27, 1992, effective June 25, 1992; March 28, 1996, effective March 29, 1996; amended December 15, 2000, effective January 1, 2001.

The provisions of this Rule 517 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended March 28, 1996, effective March 29, 1996, 26 Pa.B. 1691; amended December 15, 2000, effective January 1, 2001, 30 Pa.B. 6882; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 4491. Immediately preceding text appears at serial pages (401711) to (401712).

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 518 Satisfaction of Order by Payment of Rent and Costs. {#sec-rule-518 omnilex-key=us-pa-regs-official--title-246--Rule 518}

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.

Official Note

‘‘Rent actually in arrears’’ means the sum set forth on the order for possession.

For procedure for entry of satisfaction of money judgments, see Rule 341.

The provisions of this Rule 518 amended June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended April 5, 2002, effective January 1, 2003, 32 Pa.B. 2199; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 4491. Immediately preceding text appears at serial page (401712).

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 519 Forcible Entry and Delivery of Possession. {#sec-rule-519 omnilex-key=us-pa-regs-official--title-246--Rule 519}

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.

Official Note

The differing lengths of notices set for nonresidential leases and residential leases are made necessary by reason of the 1995 amendment to Section 513 of the Landlord and Tenant Act of 1951, 68 P.S. § 250.513. See Rule 515, Note.

The provisions of this Rule 519 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended March 28, 1996, effective March 29, 1996, 26 Pa.B. 1691; amended April 5, 2002, effective July 1, 2002, 32 Pa.B. 2207; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 4491. Immediately preceding text appears at serial pages (401712) and (370075).

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 519.1 Request for Determination of Abandoned Manufactured Home. {#sec-rule-519.1 omnilex-key=us-pa-regs-official--title-246--Rule 519.1}

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.

Official Note

This rule was adopted in 2013 to accommodate the provisions of Section 10.1 of the Act of November 24, 1976, P.L. 1176, No. 261, added by Section 2 of the Act of October 24, 2012, P.L. 156, § 2, 68 P.S. § 398.10.1, which provides for a magisterial district judge to hold a hearing and make a determination that a manufactured home is abandoned.

The landlord must pay any fees or costs at the time of filing the request.

Rules 1016—1020, providing for the filing and consideration of a statement of objection to an order or determination made by a magisterial district judge under Rule 420, also apply to determinations made under this rule. A party seeking reconsideration of a determination of abandonment made concurrent with a judgment for possession must file the statement of objection in addition to the notice of appeal. Rule 1016B requires that the statement of objection must be filed with the prothonotary and the magisterial district judge within 10 days after the date of the determination to which objection is made. Both appeals from judgments for possession under residential leases and statements of objections to determinations of abandonment must be made within 10 days after the date of entry.

The provisions of this Rule 519.1 adopted December 20, 2013, effective February 20, 2014, 44 Pa.B. 14; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 4491. Immediately preceding text appears at serial pages (370075) to (370076).

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 520 Officer’s Return. {#sec-rule-520 omnilex-key=us-pa-regs-official--title-246--Rule 520}

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.

The provisions of this Rule 520 amended June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266; amended March 28, 1996, effective March 29, 1996, 26 Pa.B. 1691; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 4491. Immediately preceding text appears at serial page (370076).

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 521 Execution by Levy. {#sec-rule-521 omnilex-key=us-pa-regs-official--title-246--Rule 521}

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.

Official Note

See Rule 516, Note.

The provisions of this Rule 521 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 4491. Immediately preceding text appears at serial pages (370076) to (370077).

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 581 Acts of Assembly Suspended. {#sec-rule-581 omnilex-key=us-pa-regs-official--title-246--Rule 581}

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.

The provisions of this Rule 581 amended June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266; amended March 28, 1996, effective March 29, 1996, 26 Pa.B. 1691. Immediately preceding text appears at serial pages (168548) to (168549).

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

246 Pa. Code Rule 582 Acts of Assembly Not Suspended. {#sec-rule-582 omnilex-key=us-pa-regs-official--title-246--Rule 582}

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.

Official Note

This Section provides, inter alia, that no tenant shall be evicted for any reason while rent is deposited in escrow because the dwelling in question has been certified as unfit for human habitation. See the note to Rule 503.

The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

History

• Source: The provisions of this Rule 582 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43181).

Chapter 800 MINORS AND INCAPACITATED PERSONS AS PARTIES

246 Pa. Code Rule 801 Definitions. {#sec-rule-801 omnilex-key=us-pa-regs-official--title-246--Rule 801}

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.

Official Note

This chapter applies to all actions, civil in nature, within the jurisdiction of a magisterial district judge.

(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.

Official Note

The definition of ‘‘minor’’ is the same as that set forth in Pa.R.C.P. No. 76 and is in conformity with pertinent statutory provisions. See, for example, § 102 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 102. ‘‘Incapacitated person’’ is defined as one who already has a guardian appointed pursuant to 20 Pa.C.S. § 5511, the reason for not adopting the rest of the definition in Pa.R.C.P. No. 2051 being principally that a magisterial district judge should not become involved in appointing guardians ad litem. The definition of ‘‘guardian’’ with respect to a minor is necessarily broad in view of the system adopted in Rule 805. The definition of ‘‘guardian’’ with respect to an incapacitated person follows generally that found in Pa.R.C.P. No. 2051.

The provisions of this Rule 801 amended through January 29, 1976, effective immediately, 6 Pa.B. 361; amended September 18, 1990, effective immediately, 20 Pa.B. 5042; amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial pages (370079) to (370080).

History

• Source: The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

246 Pa. Code Rule 802 Minor May Be Party to Action. {#sec-rule-802 omnilex-key=us-pa-regs-official--title-246--Rule 802}

A minor is not required to be represented by a guardian in an action before a magisterial district judge.

Official Note

Under this rule, a minor need not be represented by a guardian in a civil action before a magisterial district judge. This is a departure from the procedure in other tribunals prescribed by Pa.R.C.P. Nos. 2027 and 2031. This difference in procedure is due in part to the determination that magisterial district judges should not be required or allowed to appoint guardians ad litem, considering the expedition with which civil actions before magisterial district judges are required to be handled under the general rules of civil procedure applicable to magisterial district judges. Since magisterial district judges will not be permitted to appoint guardians ad litem (see Rule 819), it would be manifestly unfair to allow a minor plaintiff to bring suit by a ‘‘next friend’’ guardian but to require the appointment of a guardian by a court of common pleas before a suit could be brought against a minor defendant. It is considered that ample protection will be afforded the minor party under Rule 805. See also the note to Rule 807.

The rules in this chapter are not, of course, intended to change the law governing the basic legal liability of minors.

The provisions of this Rule 802 amended September 18, 1990, effective immediately, 20 Pa.B. 5042; amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial page (370080).

History

• Source: The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

246 Pa. Code Rule 803 Entitlement of Complaint. {#sec-rule-803 omnilex-key=us-pa-regs-official--title-246--Rule 803}

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.

Official Note

The complaint will be entitled in the name of the minor, whether plaintiff or defendant. However, the minor shall be designated by the initials of his or her first and last name. If a guardian does represent the minor, this will be reflected by a notice of intent to represent attached to the complaint form as required by Rule 805B.

The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. See Rule 217.

The provisions of this Rule 803 amended September 18, 1990, effective immediately, 20 Pa.B. 5042; amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492; amended June 1, 2018, effective November 1, 2018, 48 Pa.B. 3581. Immediately preceding text appears at serial pages (376574) to (376575).

History

• Source: The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

246 Pa. Code Rule 804 Service of the Complaint. {#sec-rule-804 omnilex-key=us-pa-regs-official--title-246--Rule 804}

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.

Official Note

See Rules 307, 308 and 315.

The provisions of this Rule 804 amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial page (309569).

History

• Source: The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

246 Pa. Code Rule 805 Representation of Minor by Guardian. {#sec-rule-805 omnilex-key=us-pa-regs-official--title-246--Rule 805}

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.

Official Note

Subdivision A sets up a system which is intended to preserve expedition in the processing of civil cases before magisterial district judges in which a minor is a party and at the same time afford sufficient protection to the minor. Under this rule, read in connection with the definition of ‘‘guardian’’ in Rule 801(4)(a), guardians appointed by a court or by will and parents can represent the minor with or without the minor’s consent, but others are subject to the minor’s selection. Subdivision B requires the notice of intent to be attached to the complaint form, and subdivision C provides for an automatic selection as between competing ‘‘guardians’’. Of course, one who has filed a notice of intent to represent may withdraw, in which event the next guardian in precedence, if any, would represent the minor party.

The provisions of this Rule 805 amended September 18, 1990, effective immediately, 20 Pa.B. 5042; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial page (309569).

History

• Source: The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

246 Pa. Code Rule 806 Guardian to Supervise Action. {#sec-rule-806 omnilex-key=us-pa-regs-official--title-246--Rule 806}

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.

Official Note

Compare Pa.R.C.P. No. 2027.

The provisions of this Rule 806 amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial pages (309569) to (309570).

History

• Source: The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

246 Pa. Code Rule 807 Judgment. Costs. {#sec-rule-807 omnilex-key=us-pa-regs-official--title-246--Rule 807}

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.

Official Note

Subdivision A of this rule follows the concept adopted in Rule 802. In view of the right of appeal de novo from judgments rendered by magisterial district judges and the protections that are available under these rules, it was felt that such a judgment against a minor party should not be set aside, even as a discretionary matter, on the ground that the minor was not represented by a guardian. Compare Hamilton v. Moore, 335 Pa. 433, 6 A.2d 787 (1939).

As to subdivision B, compare Pa.R.C.P. No. 2038. Requiring a minor plaintiff’s guardian to pay costs seemed undesirable and unnecessary with respect to civil actions before magisterial district judges.

The provisions of this Rule 807 amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial page (309570).

History

• Source: The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

246 Pa. Code Rule 808 Compromise, Settlement, Discontinuance and Payment. {#sec-rule-808 omnilex-key=us-pa-regs-official--title-246--Rule 808}

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.

Official Note

Compare Pa.R.C.P. No. 2039.

The provisions of this Rule 808 amended January 29, 1976, 6 Pa.B. 361; amended September 18, 1990, effective immediately, 20 Pa.B. 5042; amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial page (309570).

History

• Source: The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

246 Pa. Code Rule 809 Incapacitated Person May Be Party To Action. {#sec-rule-809 omnilex-key=us-pa-regs-official--title-246--Rule 809}

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.

Official Note

Since an ‘‘incapacitated person’’ as defined in Rule 801(3) is an adult who already has a guardian appointed pursuant to 20 Pa.C.S. § 5511, this rule requires that the incapacitated person be represented by a court appointed guardian. See Rule 812A. Under Rule 819, the magisterial district judge cannot appoint a guardian or guardian ad litem.

See also Rules 813 and 815 and the notes to those rules.

The provisions of this Rule 809 amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial page (309571).

History

• Source: The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

246 Pa. Code Rule 810 Entitlement of Complaint. {#sec-rule-810 omnilex-key=us-pa-regs-official--title-246--Rule 810}

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.

Official Note

Since the rules in this chapter relating to incapacitated persons deal with persons who already have guardians, the complaint is entitled to show that the incapacitated person, whether plaintiff or defendant, is represented by a guardian. Compare Pa.R.C.P. No. 2054.

The provisions of this Rule 810 amended September 18, 1990, effective immediately, 20 Pa.B. 5042; amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial page (309571).

History

• Source: The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

246 Pa. Code Rule 811 Service of the Complaint. {#sec-rule-811 omnilex-key=us-pa-regs-official--title-246--Rule 811}

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.

Official Note

Service is required to be upon the guardian. These rules generally assume the existence of a guardian whose identity is known. Compare Pa.R.C.P. No. 421.

The provisions of this Rule 811 amended July 16, 2001, effective August 1, 2001, 31 Pa.B. 4055; amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial page (309571).

History

• Source: The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

246 Pa. Code Rule 812 Guardian to Represent Incapacitated Person and Supervise Action. {#sec-rule-812 omnilex-key=us-pa-regs-official--title-246--Rule 812}

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.

Official Note

Compare Pa.R.C.P. Nos. 421, 2053.

The provision of this Rule 812 amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial page (309571).

History

• Source: The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

246 Pa. Code Rule 813 Procedure When Incapacitated Person Not Designated as Such. {#sec-rule-813 omnilex-key=us-pa-regs-official--title-246--Rule 813}

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.

Official Note

With the exceptions stated, subdivision A of this rule requires that the proceedings be dismissed without prejudice when the magisterial district judge finds that a party not designated in the complaint as an incapacitated person represented by a guardian is actually an incapacitated person, that is, one who already has a guardian appointed pursuant to 20 Pa.C.S. § 5511 (see Rule 801(3)). This rule is intended to take care of a situation in which the appointment of a guardian is not disclosed or not known at the time the complaint is filed.

The exception in the first sentence of subdivision C contemplates a case in which the incapacitated person files a complaint without disclosing the appointment of a guardian and this fact comes to light during the pendency of the action. This exception will allow the guardian to make what is in effect a ratifying amendment to the complaint, so that the case can go on to judgment. The exception in the second sentence of subdivision C permits an amendment with the written consent of the guardian in actions brought against undesignated incapacitated persons, the guardian’s consent being required because service will not normally have been made upon the guardian under these circumstances and to allow reissuance and new service of the complaint, as amended, would be incompatible with the general civil procedure for magisterial district judges. Neither of the amendments provided for in subdivision C need be made in compliance with Rule 316 or Rule 509.

The provision of this Rule 813 amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial pages (309571) to (309572).

History

• Source: The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

246 Pa. Code Rule 814 Judgment and Costs. {#sec-rule-814 omnilex-key=us-pa-regs-official--title-246--Rule 814}

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.

Official Note

See Pa.R.C.P. No. 2063.

The provisions of this Rule 814 amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial page (309572).

History

• Source: The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

246 Pa. Code Rule 815 Judgment—Unrepresented Incapacitated Person. {#sec-rule-815 omnilex-key=us-pa-regs-official--title-246--Rule 815}

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.

Official Note

Except as provided in subdivision B, if after judgment the magisterial district judge finds that a party not designated in the complaint as an incapacitated party represented by a guardian was an incapacitated person as defined in Rule 801(3), the magisterial district judge must, unless the party’s guardian files consent in writing to the judgment, vacate the judgment and dismiss the proceedings without prejudice. If the guardian does file consent to the judgment, it should be attached to the record copy of the complaint form. It was thought best not to give the magisterial district judge the kind of discretion in this matter inherent in Pa.R.C.P. No. 2056(d) and in Hamilton v. Moore, 335 Pa. 433, 6 A.2d 787 (1939). Of course, if the incapacitated person was one of several plaintiffs or defendants affected by the judgment, the judgment will be vacated, and the proceedings dismissed, only as to the incapacitated person.

The exception in subdivision B forbids vacating or setting aside a judgment in favor of a defendant on the ground that a party was an incapacitated person not represented by a guardian. The reason for this exception is that the rules as to incapacitated persons as parties are for their protection and not for the protection of adverse parties. The word ‘‘defendant’’ as used here includes a plaintiff with respect to a cross-complaint of the defendant but does not include the defendant who files a cross-complaint.

The provisions of this Rule 815 amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial pages (309572) and (370081).

History

• Source: The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

246 Pa. Code Rule 816 Compromise, Settlement, Discontinuance and Payment. {#sec-rule-816 omnilex-key=us-pa-regs-official--title-246--Rule 816}

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.

Official Note

Compare Pa.R.C.P. No. 2064. See the note to Rule 808.

The provisions of this Rule 816 amended January 29, 1976, 6 Pa.B. 361; amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial page (370081).

History

• Source: The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

246 Pa. Code Rule 817 [Rescinded]. {#sec-rule-817 omnilex-key=us-pa-regs-official--title-246--Rule 817}

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.

The provisions of this Rule 817 rescinded March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial page (370081).

History

• Source: The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

246 Pa. Code Rule 818 Representation in Rule 420 and 519.1 Matters. {#sec-rule-818 omnilex-key=us-pa-regs-official--title-246--Rule 818}

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.

Official Note

This rule allows guardians of minors or incapacitated persons, as defined in Rule 801(4), to represent them in Rule 420 and Rule 519.1 matters and matters preliminary thereto.

The provisions of this Rule 818 amended December 20, 2013, effective February 20, 2014, 44 Pa.B. 14; amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial pages (370081) to (370082).

History

• Source: The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

246 Pa. Code Rule 819 Magisterial District Judge May Not Appoint Guardian. {#sec-rule-819 omnilex-key=us-pa-regs-official--title-246--Rule 819}

A magisterial district judge shall not appoint guardians or guardians ad litem.

Official Note

Magisterial district judges shall not be required or allowed to appoint guardians ad litem, considering the expedition with which civil actions before magisterial district judges are required to be handled under the general rules of civil procedure applicable to magisterial district judges.

History

• Source: The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

246 Pa. Code Rule 820 Appellate Proceedings. {#sec-rule-820 omnilex-key=us-pa-regs-official--title-246--Rule 820}

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.

Official Note

It was thought advisable to include a provision giving guardians of minors and incapacitated persons, as defined in Rule 801(4), the right to initiate appeals, certiorari proceedings and statements of objection to Rule 420 and Rule 519.1 orders and determinations. In doing so, of course, they will have to comply with applicable provisions of the rules governing appellate proceedings. Once the case is in the court of common pleas, however, provisions of the Rules of Civil Procedure relating to guardians ad litem and other procedures will apply.

The provisions of this Rule 820 amended December 20, 2013, effective February 20, 2014, 44 Pa.B. 14; amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial page (370082).

History

• Source: The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

246 Pa. Code Rule 881 Acts of Assembly Suspended. {#sec-rule-881 omnilex-key=us-pa-regs-official--title-246--Rule 881}

All Acts of Assembly or parts thereof that are inconsistent with the rules in this chapter are suspended to the extent of such inconsistency.

The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

History

• Source: The provisions of this Rule 881 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21207).

Chapter 1000 APPEALS

246 Pa. Code Rule 1001 Definitions. {#sec-rule-1001 omnilex-key=us-pa-regs-official--title-246--Rule 1001}

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.

Official Note

Although one of the purposes of the definitions in this rule is to avoid needless repetition throughout these appellate rules, some of the definitions are intended to state or clarify the law as well.

In connection with the definition of ‘‘appeal’’ in subdivision (1), see also Rule 1007 and the Note thereto.

Under subdivision (2), certiorari is restricted to an examination of the record of the proceedings before the magisterial district judge, which will appear on the complaint forms prescribed by the State Court Administrator. See Flaherty v. Atkins, 152 A.2d 280 (Pa. Super. 1959). This is a narrow form of certiorari, both with respect to procedure and the matters which can be considered under Rule 1009A. Since an aggrieved party will be entitled to a broad form of appeal de novo under these rules, there seems to be no justification for providing also for a broad form of certiorari. These restrictions on the writ of certiorari are authorized by § 26 of the Schedule to Article V of the 1968 Constitution. The writ of error, which at common law was probably available only to review the proceedings of a court of record (see Beale v. Dougherty, 3 Binn. 432 (1811)), is not a form of appellate process permitted by these rules. See also County of Carbon v. Leibensperger, 266 A.2d 632 (Pa. 1970) (court of common pleas cannot issue writ of prohibition).

Under subdivision (7), there is no requirement that the sender’s receipt for certified mail be postmarked. There is no return receipt requirement for certified or registered mail. It is no longer necessary that the proof of service be under oath or affirmation; however, the statement is now made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

The definition of ‘‘supersedeas’’ in subdivision (9) points out the limited nature of a supersedeas. See also Rules 1008 and 1013 and the Notes thereto.

Under subdivision (10), the definition of a victim of domestic violence is derived from 68 P.S. § 250.513.

The provisions of this Rule 1001 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875; amended April 5, 2002, effective January 1, 2003, 32 Pa.B. 2199; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 4502. Immediately preceding text appears at serial pages (370084) and (386619).

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

246 Pa. Code Rule 1002 Time and Method of Appeal. {#sec-rule-1002 omnilex-key=us-pa-regs-official--title-246--Rule 1002}

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.

Official Note

The 30-day limitation in subdivision A of this rule is the same as that found in the Judicial Code § 5571(b), 42 Pa.C.S. § 5571(b), as amended by Section 10(67) of the Judiciary Act Repealer Act, Act of April 28, 1978, P.L. 202, No. 53. The 10-day limitation in subdivision B(1) of this rule, as well as the 30-day limitation in subdivision B(2), is designed to implement the time for appeal set forth in Section 513 of the Landlord and Tenant Act of 1951 (Act No. 1995-33, approved July 6, 1995) (Act No. 1995-33 was suspended by the Pa. Supreme Court on March 28, 1996 by Order of Court insofar as the Act is inconsistent with Rules of Civil Procedure Governing Actions and Proceedings Before Magisterial District Judges, as adopted by that Order.) This rule is intended to clarify the appeal timelines for different types of cases. When an appeal is taken from any judgment for money, or a judgment affecting a nonresidential lease, under these rules, the 30-day period of time for appeal applies. When the right of possession of residential real estate is at issue, and the tenant is not a victim of domestic violence, the shorter, 10-day period for appeal applies. When an appeal is taken from a judgment affecting a residential lease and the tenant is a victim of domestic violence, the 30-day appeal period applies. A party may appeal the money portion of a judgment only within the 30-day appeal period specified in subdivision A of this rule. It is the intent of this rule that no supersedeas under Rule 1008 shall be issued by the prothonotary after the 10-day period for filing an appeal, unless a tenant who is a victim of domestic violence files a domestic violence affidavit with the magisterial court within 30 days of the date of entry of judgment or by order of court.

The method of appeal is by filing with the prothonotary a ‘‘notice of appeal’’ on a form to be prescribed by the State Court Administrator. Copies of this same form will be used for service under Pa.R.C.P.M.D.J. No. 1005. This permits use of the same form for filing and service. No useful purpose would be served by having two forms, one called an ‘‘appeal’’ for filing and another called a ‘‘notice of appeal’’ for service.

The domestic violence affidavit set forth in subdivision B(2) shall be on a form prescribed by the State Court Administrator. 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. The affidavit shall contain the tenant’s verification that the statements made in the affidavit are true and correct to the best of the tenant’s knowledge, information, and belief, and that any false statements are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. If the tenant filed the domestic violence affidavit with the magisterial district court prior to filing the appeal, the tenant shall attach a copy of the previously filed affidavit to the appeal rather than filing a new affidavit. The landlord shall only challenge the domestic violence affidavit by filing an appropriate motion in the court of common pleas. No action challenging the domestic violence affidavit on any grounds shall be filed in the magisterial district court. See Pa.R.C.P.M.D.J. No. 514.1.

The domestic violence affidavit is not a public record and it shall not be publically accessible. See Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, Section 9.0F.

The 1990 amendment is intended to encourage the complete utilization of the hearing process available before the magisterial district judge.

A copy of the Notice of Judgment must be filed since it will contain the separate entries required by Pa.R.C.P.M.D.J. No. 514A and will be needed by the prothonotary.

The provisions of this Rule 1002 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended March 28, 1996, effective March 29, 1996, 26 Pa.B. 1691; amended December 15, 2000, effective January 1, 2001, 30 Pa.B. 6882; corrected July 28, 2006, effective January 1, 2001, 36 Pa.B. 3997; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 4502. Immediately preceding text appears at serial pages (386619) to (386620).

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

246 Pa. Code Rule 1003 Bond for Appeal. {#sec-rule-1003 omnilex-key=us-pa-regs-official--title-246--Rule 1003}

No bond or other security shall be required for appeal.

Official Note

No bond or other security is required for taking an appeal. Such a requirement would seem to be contrary to Article V, § 9, of the Constitution, although this section of the Constitution would not prevent requiring a bond for a supersedeas. See Rule 1008.

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

246 Pa. Code Rule 1004 Filing Complaint or Praecipe on Appeal. Appeals Involving Cross-Complaints. {#sec-rule-1004 omnilex-key=us-pa-regs-official--title-246--Rule 1004}

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.

Official Note

The twenty days allowed the claimant-appellant under subdivision A will give him time to consider, among other things, matters under Rule 1007B. The procedure upon failure to file a complaint pursuant to a rule to do so entered under subdivision B will be governed by the Rules of Civil Procedure (Pa. R.C.P. No. 1037(a)).

The landlord’s complaint in an appeal from a judgment concerning the possession of real property will contain the same material averments as those required under Rule 503C, an averment that the tenant claims possession of the property being substituted for an averment that he retains it if he has vacated the property or has been ejected from it. See, as to this general requirement of pleading, Palethorp v. Schmidt, 12 Pa. Super. 214 (1900). See also the note to Rule 1081(30).

Subdivision C permits the appellee, when there were cross-complaints in the action before the magisterial district judge and the appellant appeals from the judgment on his complaint or on both complaints, to assert his claim by way of a counterclaim in the court of common pleas if the claim is cognizable as a counterclaim in that court. However, even when this procedure is permissible, the appellee must, if he desires to use it, still give a notice of appeal under Rule 1002, with the time extension allowed by subdivision C (see the Judicial Code, § 5571(f) 42 Pa.C.S. § 5571(f)), if he intends to appeal from the judgment on his complaint and the appellant has not appealed from that judgment, although in such a case subdivision A of Rule 1004 will not be applicable. If the appellee can and intends to avail himself of the procedure permitted by subdivision C, he need not obey any rule to file a complaint served upon him under subdivision B.

All judgments entered must be appealed to preserve all issues, if such issue can be properly pleaded in the court of common pleas. This is of particular importance under subdivision C, where both complaints must be appealed to preserve all issues. See Borough of Downingtown v. Wagner, 702 A.2d 593 (Pa. Cmwlth. 1997).

Adopted June 1, 1971. Amended Oct. 17, 1975, effective in 90 days; April 25, 1979, effective in 30 days; June 30, 1982, effective 30 days after July 17, 1982; amended December 15, 2000, effective January 1, 2001.

The provisions of this Rule 1004 amended through April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended December 15, 2000, effective January 1, 2001, 30 Pa.B. 6882. Immediately preceding text appears at serial pages (212924) to (212925).

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

246 Pa. Code Rule 1005 Service of Notice of Appeal and Other Papers. {#sec-rule-1005 omnilex-key=us-pa-regs-official--title-246--Rule 1005}

A. The appellant shall by personal service or by certified or registered mail serve a copy of the notice of appeal upon the appellee and upon the magisterial district judge in whose office the judgment was rendered. If required by Rule 1004B to request a rule upon the appellee to file a complaint, the appellant shall also serve the rule by personal service or by certified or registered mail upon the appellee. The address of the appellee for the purpose of service shall be the address as listed on the complaint form filed in the office of the magisterial district judge or as otherwise appearing in the records of that office. If the appellee has an attorney of record named in the complaint form filed in the office of the magisterial district judge, the service upon the appellee may be made upon the attorney of record instead of upon the appellee personally.

B. The appellant shall file with the prothonotary proof of service of copies of the notice of appeal, and proof of service of a rule upon the appellee to file a complaint if required to request such a rule by Rule 1004B, within 10 days after filing the notice of appeal.

C. In lieu of service and proof of service pursuant to subdivisions A and B of this Rule, the court of common pleas may, by local rule, permit or require that the appellant file with the notice of appeal a stamped envelope pre-addressed to the appellee at the address as listed on the complaint form filed in the office of the magisterial district judge or as otherwise appearing in the records of that office, or the attorney of record, if any, of the appellee, and a stamped envelope pre-addressed to the magisterial district judge in whose office the judgment was rendered. Copies of the notice of appeal, and Rule pursuant to 1004B, if applicable, shall thereupon be mailed by the prothonotary or court by first class mail, with such service and any return being noted on the court’s docket.

D. The party filing a complaint under Rule 1004 shall forthwith serve it upon the opposite party in the appeal by leaving a copy for or mailing a copy to the address as shown in the magisterial district court records mentioned in subdivision A of this rule. If the opposite party has an attorney of record either in the magisterial district court or court of common pleas proceeding, service upon the opposite party may be made upon the attorney of record instead of upon the opposite party personally.

E. Service and proof of service may be made by attorney or other agent.

Official Note

Subdivision A requires service of a copy of the notice of appeal upon the magisterial district judge as well as upon the appellee, or the appellee’s attorney of record. The notice of appeal includes all documents filed with the prothonotary, including a domestic violence affidavit, if applicable. This copy,when received by the magisterial district judge, may operate as a supersedeas under Rule 1008. As to subdivision B, there is no return receipt requirement for service by certified or registered mail and consequently no such receipt need be filed with the prothonotary, although if service is by certified or registered mail the sender’s receipt must be attached to the proof of service. See Rule 1001(7) and the fourth paragraph of the Note to Rule 1001. The notice of appeal and the proof of service may be filed simultaneously. See also Rule 1006 and its Note. Subdivision C prescribes a pleading type service of the complaint, which may be made by ordinary mail, upon the opposite party in the appeal or the party’s attorney of record.

The provisions of this Rule 1005 amended through October 10, 1980, effective November 10, 1980, 10 Pa.B. 4032; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 4502. Immediately preceding text appears at serial pages (309579) to (309580).

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

246 Pa. Code Rule 1006 Striking Appeal. {#sec-rule-1006 omnilex-key=us-pa-regs-official--title-246--Rule 1006}

Upon failure of the appellant to comply with Rule 1004A or Rule 1005B, the prothonotary shall, upon praecipe of the appellee, mark the appeal stricken from the record. The court of common pleas may reinstate the appeal upon good cause shown.

Official Note

This rule is intended to provide sanctions for failing to act within the time limits prescribed.

The provisions of this Rule 1006 amended October 10, 1980, effective November 10, 1980, 10 Pa.B. 4032. Immediately preceding text appears at serial page (43190).

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

246 Pa. Code Rule 1007 Procedure on Appeal. {#sec-rule-1007 omnilex-key=us-pa-regs-official--title-246--Rule 1007}

A. The proceeding on appeal shall be conducted de novo in accordance with the Rules of Civil Procedure that would be applicable if the action was initially commenced in the court of common pleas.

B. Except as otherwise provided in subdivision C, the action upon appeal may not be limited with respect to amount in controversy, joinder of causes of action or parties, counterclaims, added or changed averments or otherwise because of the particulars of the action before the magisterial district judge.

C. When an appeal is taken from a supplementary action filed pursuant to Rule 342, only those issues arising from the Rule 342 action are to be considered.

As under earlier law, the proceeding on appeal is conducted de novo, but the former rule that the proceeding would be limited both as to jurisdiction and subject matter to the action before the magisterial district judge (see Crowell Office Equipment v. Krug, 247 A.2d 657 (Pa. Super. 1968)) has not been retained. Under subdivision B, the court of common pleas on appeal can exercise its full jurisdiction and all parties will be free to treat the case as though it had never been before the magisterial district judge, subject of course to the Rules of Civil Procedure. The only limitation on this is contained in subdivision C, which makes clear that an appeal from a supplementary action filed pursuant to Rule 342 is not intended to reopen other issues from the underlying action that were not properly preserved for appeal.

In many judicial districts, appeals of magisterial district court judgments are submitted to compulsory arbitration pursuant to Pa.R.Civ.P. 1301—1314. If, after the arbitration, the prothonotary enters an award for possession on the docket in favor of the landlord and the tenant fails to maintain the supersedeas required by Rule 1008 prior to the prothonotary entering judgment on the award, then the landlord may terminate the supersedeas pursuant to Rule 1008(b) or Rule 1008(c) and request an order of possession from the magisterial district judge pursuant to Rule 515. If the prothonotary enters an award on the docket in favor of the tenant and the tenant fails to maintain the supersedeas prior to the prothonotary entering judgment on the award, the landlord may not obtain an order of possession between the time that the prothonotary enters the arbitration award on the docket and the time that the landlord files a notice of appeal.

The provisions of this Rule 1007 amended April 5, 2002, effective January 1, 2003, 32 Pa.B. 2199; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 4491; amended April 21, 2026, effective November 1, 2026, 56 Pa.B. 2569. Immediately preceding text appears at serial page (402962).

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

246 Pa. Code Rule 1008 Appeal as Supersedeas. {#sec-rule-1008 omnilex-key=us-pa-regs-official--title-246--Rule 1008}

(a) Receipt by the magisterial district judge of a copy of the notice of appeal from the judgment shall operate as a supersedeas, except as provided in subdivisions (b) and (c).

(b) Appeal from Judgment for Possession of Real Property.

(1) Tenant Escrow. When a tenant appeals from a judgment for the possession of real property, receipt by the magisterial district judge of the copy of the notice of appeal shall operate as a supersedeas only if the tenant:

(i) at the time of filing the notice of appeal, deposits with the prothonotary either a sum of money or a bond, with surety approved by the prothonotary, equal to the lesser of three months’ rent or the rent actually in arrears on the date of the filing of the notice of appeal, based upon the judgment entered by the magisterial district judge; and

(ii) thereafter, deposits either a sum of money or bond with the prothonotary equal to the monthly rent that becomes due during the period of time the proceedings upon appeal are pending in the court of common pleas. Subsequent deposits shall be made within 30 days following the date of the appeal and each successive 30-day period thereafter.

(2) Release of Escrow to Landlord. Upon the landlord’s application, the court shall release appropriate sums from the escrow account on a continuing basis while the appeal is pending to compensate the landlord for the tenant’s actual possession and use of the premises during the pendency of the appeal.

(3) Notation. When the deposit of money or bond is made pursuant to subdivision (b)(1)(i), the prothonotary shall make a notation upon the notice of appeal and its copies a notation that it shall operate as a supersedeas when received by the magisterial district judge.

(4) Failure to Deposit Sums of Money or Bond. If the tenant fails to deposit the required sums of money or bond when such deposits are due, the prothonotary, upon praecipe filed by the landlord, shall terminate the supersedeas. Notice of the termination of the supersedeas shall be forwarded by first class mail to the attorneys of record, or, if a party is unrepresented, to the party’s last known address of record.

(c) Indigent Tenants.

(1) Inability to Deposit Escrow. Residential tenants who seek to appeal from a magisterial district court judgment for possession and who do not have the ability to deposit the lesser of three months’ rent or the full amount of the magisterial district court judgment for rent shall file with the office of the prothonotary a tenant’s affidavit, as set forth in subdivision (c)(2).

(2) The tenant’s affidavit shall be substantially in one of the following two forms:

I,

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

246 Pa. Code Rule 1009 Praecipe for Writ of Certiorari. {#sec-rule-1009 omnilex-key=us-pa-regs-official--title-246--Rule 1009}

A. Unless he was the plaintiff in the action before the magisterial district judge, a party aggrieved by a judgment may file with the prothonotary of the court of common pleas a praecipe for a writ of certiorari claiming that the judgment should be set aside because of lack of jurisdiction over the parties or sub-ject matter, improper venue or such gross irregularity of procedure as to make the judgment void. If the party aggrieved by the judgment was the plaintiff in the action before the magisterial district judge, he may file a praecipe for a writ of certiorari only on the last mentioned ground.

B. If lack of jurisdiction over the parties or the subject matter is claimed, the praecipe may be filed at any time after judgment. Otherwise it shall be filed within thirty (30) days from the date of the judgment.

C. The praecipe shall identify the judgment complained of and the magisterial district judge in whose office the record of the proceedings containing the judgment is filed.

D. The praecipe and the writ shall be on a form which shall be prescribed by the State Court Administrator.

Official Note

Subdivision A sets forth the grounds for certiorari. See the comments concerning the limited nature of certiorari in the note to Rule 1001. The plaintiff in the action before the magisterial district judge, and the word ‘‘plaintiff’’ as used in this rule does not include a defendant who has sued on a cross-complaint, may file a praecipe for a writ of certiorari only on the ground of gross irregularity. Having instituted the proceedings before the magisterial district judge, the plaintiff should not be permitted to challenge jurisdiction or venue.

Under subdivision B, the praecipe for the writ of certiorari must be filed within thirty days after the date of the judgment, except when a question of jurisdiction is raised. There is no time limit on raising a question of jurisdiction by certiorari. Flaherty v. Atkins, 189 Pa. Super. 550, 152 A.2d 280 (1959). A party who files his praecipe after the thirty day period has run can be heard only on the question of jurisdiction (if permitted to raise that question under subdivision A) even though he claims improper venue or gross irregularity along with his claim of lack of jurisdiction.

The provisions of this Rule 1009 amended through April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (25119).

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

246 Pa. Code Rule 1010 Bond for Writ of Certiorari. {#sec-rule-1010 omnilex-key=us-pa-regs-official--title-246--Rule 1010}

No bond or other security shall be required for issuance of the writ of certiorari.

Official Note

As in the case of appeals (see Rule 1003), no bond or other security is required for certiorari, but see Rule 1013 with respect to supersedeas on certiorari.

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

246 Pa. Code Rule 1011 Issuance and Service of Writ of Certiorari. {#sec-rule-1011 omnilex-key=us-pa-regs-official--title-246--Rule 1011}

A. Upon receipt of the praecipe for a writ of certiorari, the prothonotary shall issue the writ and direct it to the magisterial district judge in whose office the record of the proceedings containing the judgment is filed. The writ shall be delivered for service to the party who filed the praecipe.

B. The party obtaining the writ shall serve it, by personal service or by certified or registered mail, upon the magisterial district judge to whom it was directed. In like manner, he shall also serve a copy of the writ upon the opposite party. The address of the opposite party for the purpose of service shall be his address as listed on the complaint form filed in the office of the magisterial district judge or as otherwise appearing in the records of that office. If the opposite party has an attorney of record named in the complaint form filed in the office of the magisterial district judge, the service upon the opposite party may be made upon the attorney of record instead of upon the opposite party personally.

C. If proof of service of the writ upon the magisterial district judge and the opposite party is not filed with the prothonotary within five (5) days after delivery of the writ for service, the prothonotary shall, upon praecipe of the opposite party, mark the writ stricken from the record and the writ shall not be reinstated nor shall any new writ issue.

D. Service and proof of service may be made by attorney or other agent.

Official Note

The provisions as to service of the writ parallel those for service of notices of appeal. Subdivision C contains sanctions for failing to comply with the prescribed time limits, and reinstatement of the writ or the issuance of a new one is not allowed.

The provisions of this Rule 1011 amended November 21, 1975, 5 Pa.B. 3020. Immediately preceding text appears at serial page (21214).

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

246 Pa. Code Rule 1012 Return by Magisterial District Judge. {#sec-rule-1012 omnilex-key=us-pa-regs-official--title-246--Rule 1012}

The magisterial district judge to whom the writ of certiorari is directed shall, within ten (10) days after its receipt by him, make return to the writ by transmitting to the prothonotary a certified true copy of the record of the proceedings containing the judgment.

Official Note

The certified true copy of the record of the proceedings containing the judgment will be a certified true copy of the filled out complaint form prescribed by the State Court Administrator.

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

246 Pa. Code Rule 1013 Writ of Certiorari as Supersedeas. {#sec-rule-1013 omnilex-key=us-pa-regs-official--title-246--Rule 1013}

(a) Receipt of a writ of certiorari by the magisterial district judge to whom it was directed shall operate as a supersedeas, except as provided in subdivisions (b) and (c).

(b) Writ of Certiorari; Possession of Real Property.

(1) Tenant Escrow. When a tenant obtains a writ of certiorari involving a judgment for the possession of real property, receipt of the writ by the magisterial district judge shall operate as a supersedeas only if the tenant:

(i) at the time of filing the writ, deposits with the prothonotary either a sum of money or a bond, with surety approved by the prothonotary, equal to the lesser of three months’ rent or the rent actually in arrears on the date of the filing of the praecipe for writ of certiorari (‘‘praecipe’’), based upon the judgment entered by the magisterial district judge; and

(ii) thereafter, deposits either a sum of money or bond with the prothonotary equal to the monthly rent that becomes due during the period of time the proceedings upon writ are pending in the court of common pleas. Subsequent deposits shall be made within 30 days following the date of the filing of the praecipe and each successive 30-day period thereafter.

(2) Release of Escrow to Landlord. Upon the landlord’s application, the court shall release appropriate sums from the escrow account on a continuing basis while the writ is pending and, if the writ is granted while the ensuing proceeding is pending, to compensate the landlord for the tenant’s actual possession and use of the premises.

(3) Notation. When the deposit of money or bond is made pursuant to subdivision (b)(1)(i) at the time of the filing of the praecipe, the prothonotary shall make a notation upon the writ and its copies that it shall operate as a supersedeas when received by the magisterial district judge.

(4) Failure to Deposit Sums of Money or Bond. Notice of Default. If the tenant filing the praecipe fails to deposit the required sums of money or bond when such deposits are due, the prothonotary, upon praecipe filed by the landlord, shall terminate the supersedeas. Notice of the termination of the supersedeas shall be forwarded by first class mail to the attorneys of record, or, if a party is unrepresented to the party’s last known address of record.

(c) Indigent Tenants.

(1) Inability to Deposit Escrow. Residential tenants who seek to file a praecipe involving a magisterial district court judgment for possession and who do not have the ability to deposit the lesser of three months’ rent or the full amount of the magisterial district court judgment for rent shall file with the office of the prothonotary a tenant’s affidavit, as set forth in subdivision (c)(2).

(2) The tenant’s affidavit shall be substantially in one of the following two forms:

I,

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

246 Pa. Code Rule 1014 Orders of Court in Certiorari Proceedings. {#sec-rule-1014 omnilex-key=us-pa-regs-official--title-246--Rule 1014}

A. If the court of common pleas finds in favor of the party obtaining the writ, it shall enter an order that the judgment is set aside without prejudice to the cause of action.

B. If the court of common pleas finds against the party obtaining the writ, it shall enter an order that the writ is dismissed.

Subdivision A states the rule that if the court finds in favor of the party obtaining the writ, it merely sets the judgment below aside without prejudice to the cause of action. The grounds for certiorari do not go to the merits of the case but only to matters that usually can be cured by later selecting a proper tribunal. See Statler v. Alexander Film Co., 21 D. & C. 512 (Westmoreland 1934).

Subdivision B provides for dismissal of the writ if the finding is against the party obtaining it. This leaves the judgment below in full force and effect. See Pa.R.Civ.P.M.D.J. 1013(d).

The provisions of this Rule 1014 amended April 21, 2026, effective November 1, 2026, 56 Pa.B. 2569. Immediately preceding text appears at serial page (402974).

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

246 Pa. Code Rule 1015 Certiorari and Appeal Not Permitted. {#sec-rule-1015 omnilex-key=us-pa-regs-official--title-246--Rule 1015}

A judgment may not be the subject of both certiorari and appeal. The prothonotary shall mark stricken from the record any writ of certiorari concerning a judgment as to which an appeal is pending if proof of service of copies of the notice of appeal has been filed. If the appeal is stricken or voluntarily terminated, the writ of certiorari shall be reinstated upon praecipe of the party obtaining the writ.

Official Note

This rule forbids bringing both certiorari and an appeal. An appeal involves a trial de novo on the merits, although in many cases first in the form of compulsory arbitration, without regard to any defects in the proceedings below, whereas certiorari does attack defects, not going to the merits, in the proceedings below. To attempt to combine these two procedures would cause administrative difficulties hardly worth the effort, considering that a successful certiorari would often merely allow the case to be tried again, either before another magisterial district judge or in the court of common pleas, and that an appeal actually is a second trial although it may have changed aspects (see Rule 1007B). Probably because of these administrative difficulties, the courts of common pleas have rather uniformly prohibited joining the two remedies of appeal and certiorari and have either required an election or forced the prosecution of the first type filed to the exclusion of the other. See, for example, Ward v. Harligan, 1 W.N.C. 72 (1874); Russell v. Shirk, 3 C.C. 287 (1888). Since under the 1968 Constitution a party is entitled as of right to an appeal (Art. V, § 9) but not to certiorari (Art. V, Schedule, 26), it was decided to provide in this rule that the remedy of appeal would take precedence in all cases and that a writ of certiorari addressed to a judgment under appeal (from the time of filing proof of service) would be stricken. This would apply even in the perhaps rare case when one party appeals and the other files certiorari.

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

246 Pa. Code Rule 1016 Statement of Objection. {#sec-rule-1016 omnilex-key=us-pa-regs-official--title-246--Rule 1016}

(a) Filing. Any party in interest aggrieved by an order or determination made by a magisterial district judge under Pa.R.Civ.P.M.D.J. 420 or 519.1 or Pa.R.J.A. 1990 may obtain a reconsideration thereof in the court of common pleas by filing a statement of objection to the order or determination with the prothonotary and with the magisterial district judge in whose office the order or determination was made.

(b) Timing. The statement of objection shall be filed with the prothonotary and the magisterial district judge within ten days after the date of the order or determination to which objection is made.

(c) Costs. A statement of objection filed in response to the denial of an application to waive fees and costs (in forma pauperis) shall be made without payment of fees or costs. All other filings are subject to standard fees and costs.

This rule and Rules 1017—1020 provide a system for reconsideration in the court of common pleas of orders and determinations of magisterial district judges dealing with execution matters, abandonment of manufactured homes, and applications to waive fees and costs (in forma pauperis).

Under subdivision (b), the statement of objection must be filed within ten days after the date of the questioned order or determination. The time limit for filing a statement of objection need not be the same as that for filing a notice of appeal from a judgment. See 42 Pa.C.S. § 5571(c)(4). It may be noted that under Pa.R.Civ.P. 3206(b) and 3207(b) objections to sheriff’s determinations must be made within ten days after the date of mailing of the determination.

Subdivision (c) prohibits charging or assessing fees and costs against a party who files a statement of objection relating to a denial of an application for waiver of fees and costs. Charging such fees is not practical under the circumstances insofar as the party has already averred an inability to pay fees and costs without financial hardship.

The provisions of this Rule 1016 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended December 20, 2013, effective February 20, 2014, 44 Pa.B. 14; amended April 21, 2026, effective November 1, 2026, 56 Pa.B. 2569. Immediately preceding text appears at serial pages (402975) to (402976).

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

246 Pa. Code Rule 1017 Form and Content of Statement of Objection. {#sec-rule-1017 omnilex-key=us-pa-regs-official--title-246--Rule 1017}

The statement of objection, which shall be on a form which shall be prescribed by the State Court Administrator, shall merely state that the party filing it objects to the order or determination described in the statement.

Official Note

This rule prescribes the form and content of the statement of objection. Compare Pa. R.C.P. Nos. 3206(b), 3207(b).

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

246 Pa. Code Rule 1018 Duties of Magisterial District Judge Upon Receipt of Statement of Objection. {#sec-rule-1018 omnilex-key=us-pa-regs-official--title-246--Rule 1018}

(a) Service.

(1) Except as otherwise provided in subdivision (a)(2), immediately upon receipt of the statement of objection, the magisterial district judge shall send a copy of it by ordinary mail to all other parties in interest.

(2) The magisterial district judge shall not serve a copy of the statement of objection filed in response to the denial of an application to waive fees and costs (in forma pauperis) on any other party in interest in the underlying matter.

(b) Certified Record. Within ten days after receiving the statement of objection, the magisterial district judge shall file with the prothonotary a certified true copy of the record of actions taken by the magisterial district judge under Pa.R.Civ.P.M.D.J. 420 or 519.1 or Pa.R.J.A. 1990, but copies of only those documents that are pertinent to the statement of objection need be attached to the record.

As to the procedure in subdivision (a)(1), compare Pa.R.Civ.P. 3206(b), 3207(b).

A statement of objection filed for reconsideration of an application for waiver of fees and costs is not served on the opposing party because such applications are considered on an ex parte basis. See Pa.R.J.A. 1990(e)(3), cmt. [para ] 4.

Subdivision (b) is intended to bring before the court copies of the documents on file in the office of the magisterial district judge pertaining to the matter in question. The attachments to the record of Rule 420 or Rule 519.1 actions referred to in this subdivision are notations by the magisterial district judge of appeals taken under Rule 408C and objections to levy under Rule 413, property claims under Rule 413, exceptions to distribution under Rule 416C, requests to set aside sale under Rule 420C filed in the office of the magisterial district judge, and determinations of manufactured home abandonment under Rule 519.1. The attachments to the record of Pa.R.J.A. 1990 actions are the application for waiver of fees and costs and the court’s order denying the petition, together with any supplemental information provided to the court. See Pa.R.J.A. 1990 (c)(2), (e)(3), and (e)(5).

The provisions of this Rule 1018 amended December 20, 2013, effective February 20, 2014, 44 Pa.B. 14; amended April 21, 2026, effective November 1, 2026, 56 Pa.B. 2569. Immediately preceding text appears at serial page (402976).

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

246 Pa. Code Rule 1019 Consideration of Statement of Objection by Court of Common Pleas. {#sec-rule-1019 omnilex-key=us-pa-regs-official--title-246--Rule 1019}

(a) Upon consideration of the statement of objection, the court of common pleas shall take such action and make such orders as shall be just and proper.

(b) The matters raised in the statement of objection shall be considered de novo by the court of common pleas.

(c) The court of common pleas shall review a statement of objection filed regarding the denial of an application to waive fees and costs (in forma pauperis) pursuant to the standards set forth in Pa.R.J.A. 1990, governing such applications.

Consideration of the matters raised by the statement of objection will be de novo and the court is given broad latitude and discretion in disposing of these matters. Although the proceedings are de novo, this will not excuse failure to comply with time limitations imposed for raising before the magisterial district judge the matters now before the court of common pleas. See Pa.R.Civ.P.M.D.J. 408C, 413, 416C, 420C, and 519.1.

The provisions of this Rule 1019 amended December 20, 2013, effective February 20, 2014, 44 Pa.B. 14; amended April 21, 2026, effective November 1, 2026, 56 Pa.B. 2569. Immediately preceding text appears at serial pages (402976) to (402977).

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

246 Pa. Code Rule 1020 Statement of Objection to Operate as Stay. {#sec-rule-1020 omnilex-key=us-pa-regs-official--title-246--Rule 1020}

Until further order of the court of common pleas, receipt by the magisterial district judge of the statement of objection shall operate as a stay of any proceedings that may be affected by the proceedings on the statement.

Receipt by the magisterial district judge of the statement of objection operates initially as an automatic stay of the affected proceedings. This includes execution matters pursuant to Pa.R.Civ.P.M.D.J. 408C, 413, 416C, 420C, and 519.1, as well as a denial of an application to waive fees and costs (in forma pauperis) filed pursuant to Pa.R.J.A. 1990.

The provisions of this Rule 1020 amended April 21, 2026, effective November 1, 2026, 56 Pa.B. 2569. Immediately preceding text appears at serial page (402977).

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

246 Pa. Code Rule 1081 Acts of Assembly Suspended. {#sec-rule-1081 omnilex-key=us-pa-regs-official--title-246--Rule 1081}

All Acts of Assembly or parts thereof inconsistent with the rules governing appellate proceedings with respect to judgments and other decisions of magisterial district judges in civil actions 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.

Adopted June 1, 1971. Amended April 25, 1979, effective in 30 days; June 30, 1982, effective in 30 days after July 17, 1982; March 28, 1996, effective March 29, 1996.

The provisions of this Rule 1081 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266; amended March 28, 1996, effective March 29, 1996, 26 Pa.B. 1691. Immediately preceding text appears at serial pages (168563) to (168564).

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

246 Pa. Code Rule 1082 Acts of Assembly Not Suspended. {#sec-rule-1082 omnilex-key=us-pa-regs-official--title-246--Rule 1082}

The following Acts of Assembly shall not be deemed suspended or affected:

(1) Section 1 of the Act of January 24, 1966, P. L. (1965) 1534, as amended by § 1 of the Act of August 11, 1967, P. L. 204, No. 68 and by § 2 of the Act of June 11, 1968, P. L. 159, No. 89, 35 P. S. § 1700-1.

Official Note

This Section provides, inter alia, that no tenant shall be evicted for any reason while rent is deposited in escrow because the dwelling in question has been certified as unfit for human habitation.

(2) Section 726 of the Judicial Code, 42 Pa.C.S. § 726.

Official Note

This Section deals with extraordinary jurisdiction of the Supreme Court.

(3) Section 5103(a) of the Judicial Code, 42 Pa.C.S. § 5103(a).

Official Note

This Section provides for a transfer of the cause if the appeal is taken to the wrong court.

(4) Section 5571(b), (c)(4) and (f) of the Judicial Code, as amended with respect to subsections (b) and (c)(4) by § 10(67) of the Judiciary Act Repealer Act, Act of April 28, 1978, P. L. No. 53.

The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

History

• Source: The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

Chapter 1200 ACTIONS FOR EMERGENCY PROTECTIVE RELIEF

246 Pa. Code Rule 1201 Applicability. {#sec-rule-1201 omnilex-key=us-pa-regs-official--title-246--Rule 1201}

The rules in this chapter apply to the exercise by a hearing officer of jurisdiction under:

(1) Section 6110 of the Protection From Abuse Act, 23 Pa.C.S. § 6110, granting emergency relief from abuse, and

(2) Section 62A09 of Title 42, 42 Pa.C.S. § 62A09, granting emergency relief in connection with claims of sexual violence or intimidation.

Official Note

See the Protection From Abuse Act set forth in the Domestic Relations Code, 23 Pa.C.S. § § 6101—6122, and 42 Pa.C.S. § § 62A01—62A20.

The court of common pleas of each judicial district is responsible to ensure that a judge or magisterial district judge ‘‘is available on a 24-hour-a-day, 365-day-a-year basis to accept and decide on petitions for an emergency court order under’’ the Older Adult Protective Services Act. 35 P.S. § 10225.307. Actions commenced under the Older Adult Protective Services Act are governed by statute and local procedures, not by these rules.

This chapter was amended in 2015 to provide procedural rules for protective orders sought for victims of sexual violence or intimidation. See 42 Pa.C.S. § § 62A01—62A20.

The provisions of this Rule 1201 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended July 7, 2006, effective immediately, 36 Pa.B. 3810; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended October 28, 2016, effective December 31, 2016, 46 Pa.B. 7165. Immediately preceding text appears at serial page (378021).

History

• Source: The provisions of this Rule 1211 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended January 8, 2025, effective July 1, 2025, 55 Pa.B. 708. Immediately preceding text appears at serial page (384816).

246 Pa. Code Rule 1202 Definitions. {#sec-rule-1202 omnilex-key=us-pa-regs-official--title-246--Rule 1202}

As used in this chapter:

(1) ‘‘abuse’’ means the occurrence of one or more of the following acts between family or household members, sexual or intimate partners or persons who share biological parenthood:

(a) attempting to cause or intentionally, knowingly or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest with or without a deadly weapon.

(b) placing another in reasonable fear of imminent serious bodily injury.

(c) the infliction of false imprisonment pursuant to 18 Pa.C.S. § 2903 (relating to false imprisonment).

(d) physically or sexually abusing minor children, including such terms as defined in Chapter 63 of the Domestic Relations Code (relating to child protective services).

(e) knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury. This definition applies only to proceedings commenced under the Domestic Relations Code and is inapplicable to any criminal prosecutions commenced under Title 18 (relating to crimes and offenses).

(2) ‘‘adult’’ means an individual who is 18 years of age or older.

(3) ‘‘court’’ means:

(a) the court of common pleas of the judicial district in which the office of the hearing officer taking action under these rules is located in actions brought under the Protection from Abuse Act, 23 Pa.C.S. § § 6101—6122, or

(b) the court or magisterial district judge having jurisdiction over the matter in actions brought pursuant to Section 62A09 of Title 42, 42 Pa.C.S. § 62A09 (providing for protection of victims of sexual violence or intimidation).

(4) ‘‘family or household members’’ means spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners or persons who share biological parenthood.

(5) ‘‘hearing officer’’ means a magisterial district judge, judge of the Philadelphia Municipal Court, arraignment court magistrate appointed under 42 Pa.C.S. § 1123 (relating to jurisdiction and venue), master appointed under 42 Pa.C.S. § 1126 (relating to masters), and master for emergency relief appointed under 23 Pa.C.S. § 6110(e) or 42 Pa.C.S. § 62A09(e) (relating to master for emergency relief).

(6) ‘‘intimidation’’ means conduct constituting a crime under either of the following provisions between persons who are not family or household members:

(a) 18 Pa.C.S. § 2709(a)(4), (5), (6) or (7) (relating to harassment) where the conduct is committed by a person 18 years of age or older against a person under 18 years of age.

(b) 18 Pa.C.S. § 2709.1 (relating to stalking) where the conduct is committed by a person 18 years of age or older against a person under 18 years of age.

(7) ‘‘minor’’ means an individual who is not an adult.

(8) ‘‘sexual violence’’ means conduct constituting a crime under any of the following provisions between persons who are not family or household members:

(a) 18 Pa.C.S. Ch. 31 (relating to sexual offenses), except 18 Pa.C.S. § § 3129 (relating to sexual intercourse with animal) and 3130 (relating to conduct relating to sex offenders).

(b) 18 Pa.C.S. § 4304 (relating to endangering welfare of children) if the offense involved sexual contact with the victim.

(c) 18 Pa.C.S. § 6301(a)(1)(ii) (relating to corruption of minors).

(d) 18 Pa.C.S. § 6312(b) (relating to sexual abuse of children).

(e) 18 Pa.C.S. § 6318 (relating to unlawful contact with minor).

(f) 18 Pa.C.S. § 6320 (relating to sexual exploitation of children).

(9) ‘‘victim’’ means a person who is a victim of abuse, sexual violence or intimidation.

Official Note

These definitions are largely derived from 23 Pa.C.S. § 6102 and 42 Pa.C.S. § 62A03.

The provisions of this Rule 1202 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended July 7, 2006, effective immediately, 36 Pa.B. 3810; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811. Immediately preceding text appears at serial pages (321829) to (321830).

History

• Source: The provisions of this Rule 1211 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended January 8, 2025, effective July 1, 2025, 55 Pa.B. 708. Immediately preceding text appears at serial page (384816).

246 Pa. Code Rule 1203 Limitation on Jurisdiction. {#sec-rule-1203 omnilex-key=us-pa-regs-official--title-246--Rule 1203}

The hearing officer may grant relief under these rules only when the court is unavailable to do so pursuant to the provisions of:

(1) Section 6110 of the Protection From Abuse Act, 23 Pa.C.S. § 6110,

(2) 42 Pa.C.S. § 62A09 (providing for protection of victims of sexual violence or intimidation), or

(3) local rule of court.

Official Note

The limitation in this rule is taken from Section 6110 of the Protection From Abuse Act, 23 Pa.C.S. § 6110, and 42 Pa.C.S. § 62A09.

This rule recognizes and reaffirms the existing practice in many counties. The availability of each court to grant necessary emergency relief will vary greatly, both during the business and non-business day; therefore, it was deemed desirable to permit each court to promulgate such rules as would best serve its specific needs in providing for efficient implementation of emergency relief measures.

The provisions of this Rule 1203 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811. Immediately preceding text appears at serial page (321830).

History

• Source: The provisions of this Rule 1211 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended January 8, 2025, effective July 1, 2025, 55 Pa.B. 708. Immediately preceding text appears at serial page (384816).

246 Pa. Code Rule 1204 Venue. {#sec-rule-1204 omnilex-key=us-pa-regs-official--title-246--Rule 1204}

A. Except as provided in subdivision B, a proceeding for emergency relief may be brought in a magisterial district within the county in which

(1) the plaintiff resides, either temporarily or permanently, or

(2) the abuse, sexual violence or intimidation occurred.

B. If the relief sought includes possession of the residence or household to the exclusion of the defendant, the action may be brought only in a magisterial district within the county in which the residence or household is located.

Official Note

This rule is consistent with Pa.R.C.P. No. 1901.1 and provides the necessary flexibility to a plaintiff who may have to flee the county of permanent residence to escape further abuse. This rule is intended to provide maximum flexibility to a plaintiff to use a convenient forum to seek an emergency protective order. However, where practicable, plaintiffs should give preference to filing in the magisterial district in which the plaintiff resides, either temporarily or permanently, or in the magisterial district in which the abuse occurred. A proceeding is considered to have been brought in a magisterial district even if it is before a hearing officer serving temporarily in that district, or before a hearing officer who has been invested by local rule with temporary county-wide jurisdiction.

Subdivision B of this rule only applies to actions brought pursuant to Section 6110 of the Protection From Abuse Act, 23 Pa.C.S. § 6110.

The provisions of this Rule 1204 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811. Immediately preceding text appears at serial page (321830).

History

• Source: The provisions of this Rule 1211 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended January 8, 2025, effective July 1, 2025, 55 Pa.B. 708. Immediately preceding text appears at serial page (384816).

246 Pa. Code Rule 1205 Persons Who May Seek Emergency Relief. {#sec-rule-1205 omnilex-key=us-pa-regs-official--title-246--Rule 1205}

A. In actions brought pursuant to Section 6110 of the Protection From Abuse Act, 23 Pa.C.S. § 6110, an adult or an emancipated minor may seek emergency relief from abuse for himself or herself. Also, any parent, adult household member or guardian ad litem may seek emergency relief from abuse on behalf of minor children. In addition, a guardian of the person of an incapacitated person as defined in 20 Pa.C.S. § 5501 may seek emergency relief on behalf of the incapacitated person.

B. In actions brought pursuant to Section 62A09 of Title 42, 42 Pa.C.S. § 62A09 (providing for protection in connection with claims of sexual violence and intimidation), an adult or emancipated minor may seek emergency relief for himself or herself. Also, any parent, adult household member or guardian ad litem may seek emergency relief on behalf of a minor child. In addition, a guardian of the person of an incapacitated person as defined in 20 Pa.C.S. § 5501 may seek emergency relief on behalf of the incapacitated person.

Official Note

This rule is derived from Section 6106 of the Protection From Abuse Act, 23 Pa.C.S. § 6106, as well as 42 Pa.C.S. § 62A05.

The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. See Rule 217.

The provisions of this Rule 1205 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended October 28, 2016, effective December 31, 2016, 46 Pa.B. 7165; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3581. Immediately preceding text appears at serial page (384812).

History

• Source: The provisions of this Rule 1211 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended January 8, 2025, effective July 1, 2025, 55 Pa.B. 708. Immediately preceding text appears at serial page (384816).

246 Pa. Code Rule 1206 Commencement of Proceedings. {#sec-rule-1206 omnilex-key=us-pa-regs-official--title-246--Rule 1206}

(a) Petition.

(1) A proceeding for emergency relief from abuse or in connection with claims of sexual violence or intimidation shall be commenced by the filing of a petition by the plaintiff with the hearing officer on a form that shall be prescribed by the State Court Administrator.

(2) The petition shall be signed by the plaintiff and shall set forth the names and addresses of the plaintiff and the defendant and the names, addresses, and ages of any person on whose behalf the plaintiff is seeking relief.

(3) The plaintiff shall allege in the petition, in general terms, the cause for seeking emergency relief.

(b) {Rescinded}.

(c) Costs. The petition shall be filed and service shall be made without prepayment of costs.

Former subdivision (b), pertaining to instructions that the hearing officer must provide the plaintiff if a petition is granted, was rescinded and relocated to Pa.R.Civ.P.M.D.J. 1208(a)(3). Subdivision (c) is derived from 23 Pa.C.S. § 6106(b) and 42 Pa.C.S. § 62A05(b). Compare Pa.R.Civ.P. 1901.3(c) and 1953(c) (petitions for protective relief filed with the court of common pleas).

The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. See Pa.R.Civ.P.M.D.J. 217.

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

The responsibilities of Hearing Officers to the plaintiff have been increased as a result of the amendments to the Protection from Abuse Act, 23 Pa.C.S.A., Section 6110(d). When issuing an emergency order, Hearing Officers must advise the plaintiff of the existence of programs for victims of domestic violence in the county or in nearby counties and they must inform the plaintiff of the availability of legal assistance without cost if the plaintiff is unable to pay for them. Rule 1206, through the inclusion of Subdivision B, conforms the Rule to this particular statutory provision; and the amendment to the Note simply provides the justification for Subdivision B, i.e., to assure compliance with the Title 23 provisions of the Protection from Abuse Act.

The provisions of this Rule 1206 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended October 28, 2016, effective December 31, 2016, 46 Pa.B. 7165; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3581; amended January 8, 2025, effective July 1, 2025, 55 Pa.B. 708. Immediately preceding text appears at serial pages (392790) to (392791).

History

• Source: The provisions of this Rule 1211 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended January 8, 2025, effective July 1, 2025, 55 Pa.B. 708. Immediately preceding text appears at serial page (384816).

246 Pa. Code Rule 1207 Hearing. {#sec-rule-1207 omnilex-key=us-pa-regs-official--title-246--Rule 1207}

As soon as possible after the filing of the petition, the hearing officer shall hold an ex parte hearing thereon. The plaintiff may present witnesses at the hearing. Neither in the petition nor during a hearing shall the hearing officer require disclosure of the address of a domestic violence program, a rape crisis center, or the plaintiff or victim, as appropriate.

Official Note

The hearing is ex parte, and the emergency order issued by the hearing officer as a result of the hearing is of short duration. See 23 Pa.C.S. § 6110(a)—(b), 42 Pa.C.S. § 62A09(a)—(b). Accordingly, there are no provisions in these rules for notice to the defendant prior to the hearing. The hearing need not be held at the office of the hearing officer. See Rule 215 (permitting the use of advanced communication technology in any civil action or proceeding governed by the Rules of Civil Procedure for Magisterial District Judges.) The last phrase was added to ensure compliance with Section 6112 of the Act, 23 Pa.C.S. § 6112 and 42 Pa.C.S. § 62A11. Nothing in the last phrase is intended to preclude a magisterial district judge from determining that venue is proper pursuant to Rule 1204.

The provisions of this Rule 1207 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811. Immediately preceding text appears at serial page (285624).

History

• Source: The provisions of this Rule 1211 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended January 8, 2025, effective July 1, 2025, 55 Pa.B. 708. Immediately preceding text appears at serial page (384816).

246 Pa. Code Rule 1208 Protection Orders; Findings; Instructions to Plaintiff; Denial of Petition. {#sec-rule-1208 omnilex-key=us-pa-regs-official--title-246--Rule 1208}

(a) Petition Granted.

(1) Order Issued.

(i) Emergency Protection from Abuse. If the hearing officer, upon good cause shown, finds it necessary to protect the plaintiff or minor children from abuse, the hearing officer may grant relief in accordance with 23 Pa.C.S. § 6110(a). The hearing officer shall issue any protection orders necessary to effectuate that relief. Immediate and present danger of abuse to the plaintiff or minor children shall constitute good cause.

(ii) Emergency Protection from Sexual Violence or Intimidation. If the hearing officer, upon good cause shown, finds it necessary to protect the plaintiff or another individual in connection with claims of sexual violence or intimidation, the hearing officer may grant relief in accordance with 42 Pa.C.S. § 62A09(a). The hearing officer shall issue any protection orders necessary to effectuate that relief. Immediate and present danger posed by the defendant to the plaintiff or another individual shall constitute good cause.

(2) Findings. The hearing officer shall enter on the petition form the findings and any protection order issued or other action taken.

(3) Instructions. The hearing officer shall instruct the plaintiff regarding:

(i) commencing proceedings in the court of common pleas;

(ii) initiating a contempt charge if the defendant violates the emergency order;

(iii) programs for victims of domestic or sexual violence in the county or in nearby counties, as well as the existence of rape crisis centers in the county or nearby counties in the case of sexual violence; and

(iv) the availability of legal assistance without cost if the plaintiff is without resources to pay.

(b) Petition Denied.

(1) If the hearing officer does not find good cause pursuant to subdivision (a)(1)(i) or (a)(1)(ii), the hearing officer shall deny the petition.

(2) A denied petition shall not be available to the public.

(3) The hearing officer shall:

(i) not issue a written denial order;

(ii) orally inform the plaintiff that the petition is denied;

(iii) confirm that no identifying information relating to the denied petition, such as the name of the plaintiff or defendant, is made public or retained in court files;

(iv) enter on the docket non-identifying information relating to the petition, including the date of filing, the municipality and zip code of the plaintiff’s residence, and the relief sought by the plaintiff; and

(v) destroy the denied petition.

Subdivision (a)(1)(i) permits the hearing officer to grant limited relief pursuant to 23 Pa.C.S. § 6108(a)(1), (a)(2), and (a)(6), or (a)(1) and (a)(6), or (a)(1) and (a)(9.1), which includes directing the defendant to refrain from abusing the plaintiff or minor children, possession of the residence, prohibiting contact by the defendant, and certain relief pertaining to companion animals. Subdivision (a)(1)(ii) permits the hearing officer to grant limited relief pursuant to 42 Pa.C.S. § 62A07(b), which includes prohibiting contact by the defendant and any other appropriate relief.

Subdivision (a)(3) is derived from former Pa.R.Civ.P.M.D.J. 1206(b). Practice varies among the judicial districts regarding procedures to maintain a protection order in the court of common pleas upon the certification of an emergency protection order to that court. See Pa.R.Civ.P. 1210, cmt. and Pa.R.Civ.P. 1211, cmt.

Subdivision (b) provides for denial of a petition for emergency relief. Subdivision (b)(3) is intended to protect the plaintiff’s personal safety and the defendant’s reputational interest following the denial of a petition for emergency relief.

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

Hearing Officers’ authority to grant relief under the Act has been enlarged under 23 Pa.C.S.A., Section 6108. In accordance with the provisions of the Act, the court may grant any protection order or approve any consent agreement to bring about a cessation of abuse of the plaintiff or minor children. The order or agreement may include the following:

(a)(1) Directing the defendant to refrain from abusing the plaintiff or minor children.

(a)(2) Granting possession to the plaintiff of the residence or household to the exclusion of the defendant by evicting the defendant or restoring possession to the plaintiff when the residence or household is jointly owned or leased by the parties, is owned or leased by the entireties or is owned or leased solely by the plaintiff.

(a)(3) When the defendant has a duty to support the plaintiff or minor children living in the residence or household and the defendant is the sole owner or lessee, granting possession to the plaintiff of the residence or household to the exclusion of the defendant by evicting the defendant or restoring possession to the plaintiff or, by consent agreement, allowing the defendant to provide suitable alternate housing.

Therefore, Rule 1208 incorporates the additional relief remedies available to the Hearing Officer.

The provisions of this Rule 1208 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended October 28, 2016, effective December 31, 2016, 46 Pa.B. 7165; amended January 8, 2025, effective July 1, 2025, 55 Pa.B. 708; amended February 19, 2025, effective July 1, 2025, 55 Pa.B. 1791. Immediately preceding text appears at serial pages (422212) to (422213).

History

• Source: The provisions of this Rule 1211 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended January 8, 2025, effective July 1, 2025, 55 Pa.B. 708. Immediately preceding text appears at serial page (384816).

246 Pa. Code Rule 1209 Service and Execution of Emergency Protection Orders. {#sec-rule-1209 omnilex-key=us-pa-regs-official--title-246--Rule 1209}

(a) Emergency Protection from Abuse.

(1) Plaintiff. If the hearing officer grants the petition in whole or in part, then the hearing officer shall give the plaintiff a copy of the protection order issued pursuant to Pa.R.Civ.P.M.D.J. 1208(a)(1)(i).

(2) Defendant.

(i) The hearing officer or, when necessary, the plaintiff shall immediately deliver a service copy of the protection order issued pursuant to Pa.R.Civ.P.M.D.J. 1208(a)(1)(i) to a police officer, police department, sheriff, or certified constable for service upon the defendant and execution.

(ii) After making reasonable effort, if the executing officer is unable to serve the protection order upon the defendant in a timely fashion, the executing officer shall leave a service copy of the petition containing the order with the police department with jurisdiction over the area in which the plaintiff resides for service upon the defendant, and shall advise such police department that the order could not be served.

(b) Emergency Protection in Connection with Claims of Sexual Violence or Intimidation.

(1) Plaintiff. If the hearing officer grants the petition in whole or in part, then the hearing officer shall give the plaintiff the protection order issued pursuant to Pa.R.Civ.P.M.D.J. 1208(a)(1)(ii).

(2) Defendant.

(i) The hearing officer or, when necessary, the plaintiff shall immediately deliver a service copy of the protection order issued pursuant to Pa.R.Civ.P.M.D.J. 1208(a)(1)(ii) to a police officer, police department, sheriff, or certified constable for service upon the defendant and execution.

(ii) After making reasonable effort, if the executing officer is unable to serve the protection order upon the defendant in a timely fashion, the executing officer shall leave a service copy of the petition containing the order with the police department with jurisdiction over the area in which the plaintiff resides for service upon the defendant, and shall advise such police department that the order could not be served.

(3) Law Enforcement. Within two business days after the protection order is issued, the hearing officer shall serve the order upon the police department, sheriff, and district attorney in the jurisdiction where the order was entered.

(4) Minor Victims. In the case of a minor victim of sexual violence, the hearing officer shall serve a copy of the petition and order upon the county agency, as defined by 23 Pa.C.S. § 6303, and the Department of Human Services.

The hearing officer shall provide the plaintiff with at least one copy of the protection order, but more than one copy may be needed. For example, the plaintiff may wish to serve the order upon multiple police departments if the plaintiff lives and works in different police jurisdictions. If it is necessary for the plaintiff to deliver the protection order to the executing officer, the hearing officer should make sure that the plaintiff fully understands the process and what must be done to have the order served upon the defendant.

Service of protection orders upon the defendant at the time of execution may not be possible under some circumstances. The intention of subdivisions (a)(2)(ii) and (b)(2)(ii) is for the local police to have a service copy if they are called to the plaintiff’s residence should the defendant return there.

The hearing officer should make every effort to have the protection order served by a law enforcement officer in a timely fashion. For emergency protection orders to be meaningful, they must be served and executed at night or on a weekend. Therefore, the hearing officer should have the authority to use police officers, sheriffs, and certified constables to serve and execute protection orders.

Protection orders issued pursuant to Pa.R.Civ.P.M.D.J. 1208(a)(1)(ii) in accordance with 42 Pa.C.S. § 62A09, providing for protection of victims of sexual violence or intimidation, are subject to additional service requirements. Compare 23 Pa.C.S. § 6109(a) with 42 Pa.C.S. § 62A05(d).

Service shall be made without prepayment of costs. See Pa.R.Civ.P.M.D.J. 1206(c).

The provisions of this Rule 1209 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended January 8, 2025, effective July 1, 2025, 55 Pa.B. 708. Immediately preceding text appears at serial pages (392792) and (384815).

History

• Source: The provisions of this Rule 1211 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended January 8, 2025, effective July 1, 2025, 55 Pa.B. 708. Immediately preceding text appears at serial page (384816).

246 Pa. Code Rule 1210 Duration of Emergency Protection Orders. {#sec-rule-1210 omnilex-key=us-pa-regs-official--title-246--Rule 1210}

Protection orders issued pursuant to Pa.R.Civ.P.M.D.J. 1208(a) shall expire at the end of the next business day the court deems itself available.

This rule is derived from 23 Pa.C.S. § 6110(b) and 42 Pa.C.S. § 62A09(b). Practice varies among the judicial districts as to what procedures the plaintiff must follow to maintain a protection order in the court of common pleas upon the certification of an emergency protection order to the court of common pleas. The hearing officer should instruct the plaintiff what must be done to maintain the protection order in the court of common pleas. See Pa.R.Civ.P.M.D.J. 1208(a)(3)(i), cmt. and Pa.R.Civ.P.M.D.J. 1211, cmt.

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

Initially, the Protection from Abuse Act provided that emergency orders issued by Hearing Officers were to expire at the resumption of business of the court at the beginning of the week or within 72 hours, whichever occurs sooner. This language has been simplified under 23 Pa.C.S.A., Section 6110(b) to provide that said orders expire as of the resumption of business of the court at the beginning of the next business day. Rule 1210 incorporates this simplification.

The provisions of this Rule 1210 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended January 8, 2025, effective July 1, 2025, 55 Pa.B. 708. Immediately preceding text appears at serial pages (384815) to (384816).

History

• Source: The provisions of this Rule 1211 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended January 8, 2025, effective July 1, 2025, 55 Pa.B. 708. Immediately preceding text appears at serial page (384816).

246 Pa. Code Rule 1211 Certification to Court of Common Pleas. {#sec-rule-1211 omnilex-key=us-pa-regs-official--title-246--Rule 1211}

(a) A protection order issued pursuant to Pa.R.Civ.P.M.D.J. 1208(a), together with any documentation in support thereof, shall immediately be certified to the court of common pleas by the hearing officer.

(b) Certification pursuant to subdivision (a) shall be accomplished by sending to the prothonotary of the court by first class mail or messenger a certified copy of the petition form containing the order, with any supporting documentation attached.

Certification pursuant to subdivision (a) is required by 23 Pa.C.S. § 6110(c) and 42 Pa.C.S. § 62A09(c). This rule is consistent with Pa.R.Civ.P. 1901.3(b) and 1953(b), which permit commencement of an action by filing with the prothonotary a certified copy of an emergency protection order. However, practice varies among the judicial districts as to how a protection order is maintained after certification to the court of common pleas. For example, some judicial districts may require that the plaintiff appear in person to continue the action in the court of common pleas. Others may automatically commence an action in the court of common pleas upon receipt of a certified copy of the emergency order from the hearing officer. See Pa.R.Civ.P.M.D.J. 1208(a)(3)(i), cmt. and Pa.R.Civ.P.M.D.J. 1210, cmt.

Depending on local practice, the plaintiff or the plaintiff’s representative may act as a messenger under subdivision (b).

The provisions of this Rule 1211 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended January 8, 2025, effective July 1, 2025, 55 Pa.B. 708. Immediately preceding text appears at serial page (384816).

History

• Source: The provisions of this Rule 1211 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended January 8, 2025, effective July 1, 2025, 55 Pa.B. 708. Immediately preceding text appears at serial page (384816).