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PA Bulletin, Doc. No. 99-2123

THE COURTS

PART I.  GENERAL

[246 PA. CODE CHS. 300--500 AND 1000]

Judgments Appealed to Court of Common Pleas

[29 Pa.B. 6329]

Introduction

   The Minor Court Rules Committee is planning to recommend that the Supreme Court of Pennsylvania adopt these proposed amendments to the following Rules of Conduct, Office Standards and Civil Procedure for District Justices: the Note following Rule 315 (Claim by Defendant) to clarify that only one money judgment should be entered even when cross-complaints are filed in a case; Rule 402 (Request for Order of Execution; Entry of Judgment in Court of Common Pleas) and the Note following to clarify when a Request for an Order of Execution should be filed as well as when a judgment can be filed in the Court of Common Pleas; Rule 510 (Subpoena of Witnesses) to provide that a district justice may issue a subpoena that requires an individual to produce documents or things which are in their possession, custody, or control; Rule 517 (Notation of Time of Receipt; Service of Order of Possession) to clarify that the district justice shall mail a copy of the order for possession to the defendant by first class mail; Rule 1002 (Time and Method of Appeal) to clarify the appeal period for judgments for money as well as judgments for the delivery of possession of real property arising out of a nonresidential lease; and the Note following Rule 1004 (Filing Complaint or Praecipe on Appeal; Appeals Involving Cross-Complaints) to clarify that all judgments (in one case) must be appealed to the Court of Common Pleas to preserve all issues.

   These proposals have not been submitted for review by the Supreme Court of Pennsylvania. In addition, the Supreme Court does not adopt the Committee's Comments.

   We request that interested persons submit suggestions, comments, or objections concerning this proposal to the Committee through: The Honorable Dennis Joyce, District Justice, 136 Bradford Ave., Pittsburgh, PA 15205, no later than Friday, January 28, 2000.

By The Minor Court Rules Committee

FRED A. PIERANTONI, III,   
Chair

Annex A

TITLE 246.  MINOR COURT CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 300.  CIVIL ACTION

Rule 315.  Claim by Defendant.

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   C.  A money judgment for the plaintiff or for the defendant, but not for both, [may] 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.

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Official Note:

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   Under subdivision C, a judgment shall be entered on both complaints where a cross-complaint has been filed, but the award of money shall only be for one party.

CHAPTER 400.  EXECUTION OF JUDGMENTS FOR THE PAYMENT OF MONEY

Rule 402.  Request for Order of Execution. Entry of Judgment in Court of Common Pleas.

   A.  Execution of a judgment for the payment of money rendered by a district justice may be ordered by a district justice in whose office the judgment was rendered or entered, provided the plaintiff files in that office

   (1)  not before the expiration of thirty (30) days after the date [of] the judgment is entered by the district justice, and

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   D.  The plaintiff may enter the judgment in the court of common pleas in any county. When so entered, the indexing, revival and execution of the judgment shall be in accordance with procedures applicable in the court of common pleas. The judgment may be entered in the court of common pleas by filing with the prothonotary a copy of the record of the proceedings containing the judgment, certified to be a true copy by the district justice in whose office the judgment was rendered or by any other official custodian of the record. The judgment may [not] be entered in the court of common pleas [until] after thirty (30) days [after] from the date the [of] judgment is entered by the district justice. The judgment may not be entered in the court of common pleas after five (5) years from the date the judgment is entered by the district justice.

Official Note:

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   As to subdivision D, see the Judicial Code, § 1516, 42 Pa.C.S. § 1516. The thirty day limitation appears to be required by this Section. Certification by the district justice should not be done before the expiration of thirty (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 office prior to the expiration of the five year period and then follow the applicable Rules of Civil Procedure for the Revival of a Judgment, Rule 1521 and 3025 et seq. Also, Subdivision D is intended that when the judgment is entered in the court of common pleas, that all further process shall come from the court of common pleas and that no further process shall be issued by the district justice.

CHAPTER 500.  ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY

Rule 510.  Subpoena of Witnesses.

   A district justice may issue subpoenas throughout the Commonwealth to require the attendance of witnesses in any cause of action triable before him. The subpoena may also require the person to produce documents or things which are in the possession, custody or control of that person.

   Official Note:   This rule is the same as Rule 317 (of the trespass and assumpsit rules) governing subpoenas in civil actions.

Rule 517.  Notation of Time of Receipt; Service of Order of Possession.

   The [plaintiff] district justice shall [serve] mail a copy of the order for possession [by mailing a copy of it] to the defendant 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 district justice is situated. If this service is not available to the district justice, 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 he received it. He shall serve the order within forty-eight (48) hours by handing a copy of it to the defendant 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:

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CHAPTER 1000.  APPEALS

Rule 1002.  Time and Method of Appeal.

   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 therefrom within thirty (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 which shall be prescribed by the State Court Administrator together with a copy of the Notice of Judgment issued by the district justice. The Prothonotary shall not accept an appeal from an aggrieved party which is presented for filing more than thirty (30) days after the date of entry of judgment without leave of Court and upon good cause shown.

   B.  A party aggrieved by a judgment for the delivery of possession of real property arising out of a residential lease may appeal therefrom within ten (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 which shall be prescribed by the State Court Administrator, together with a copy of the Notice of Judgment issued by the district justice. The prothonotary shall not accept an appeal from an aggrieved party which is presented for filing more than ten (10) days after the date of entry of judgment without leave of Court and upon good cause shown.

   Official Note:  The thirty 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 § 10(67) of the Judiciary Act Repealer Act, Act of April 28, 1978, P. L. 202, No. 53. The ten day limitation in subdivision B of this rule is designed to implement the time for appeal set forth in § 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 District Justices, as adopted by that Order). The two subdivisions of this rule are intended to clarify that where the right of possession of residential real estate is at issue, the shorter, ten day period for appeal applies; where [judgment from which] the appeal is taken from any judgment [is a judgment] for money, or a judgment affecting a nonresidential lease, under these rules, the thirty day period of time for appeal applies. A party may appeal the money portion of a judgment only within the thirty day appeal period specified in subsection A of this rule. It is the intent of this rule that no supersedeas under Pa.R.C.P.D.J. No. 1008 shall be issued by the Prothonotary after the ten (10) days period for filing an appeal, unless by order of court.

Explanatory Comment to Rule 1002

   The proposed amendments to 1002A and 1002B are to make the language within the Rule consistent. Previously, the Rule used the words ''date of entry of judgment'' and then ''date of judgment.'' It is the opinion of the Committee that the phrase ''date of entry of judgment'' should be used and that it should be used consistently throughout the Rule.

   The amendment to the Note is necessitated because Rule 514 of the Rules of Civil Procedure Governing Action Before District Justices requires that a judgment be rendered for the delivery of possession of the real property to the plaintiff and a separate entry of a judgment for money, whether it be for rent, damages, or costs. The separate entry of the judgment for money should be treated the same as a judgment in a Civil Action and there are no additional exigencies requiring an accelerated appeal period. The ten (10) day appeal period should only be applicable to the possession judgment and not to the money judgment.

   The purpose of this amendment to the Note and this comment is to clarify the intent of the Rule and permit an appeal of the money judgment only within the thirty (30) day appeal period. (See Cherry Ridge Development v. Chenoga, 703 A.2d 1061 (Pa.Super. 1997).

Rule 1004.  Filing Complaint or Praecipe on Appeal. Appeals Involving Cross-Complaints.

Official Note:

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   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 (Commonwealth Ct. 1997).

[Pa.B. Doc. No. 99-2123. Filed for public inspection December 17, 1999, 9:00 a.m.]


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