THE COURTS
Title 246--MINOR COURT CIVIL RULES
PART I. GENERAL
[246 PA. CODE CHS. 200, 300 AND 500]
Proposed Amendments to Rules 209, 301, 303--305, 307, 313--315, 318--319, 501--504, and 506--508 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges
[35 Pa.B. 2258] The Minor Court Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend Rules 209, 301, 303--305, 307, 313--315, 318--319, 501--504, and 506--508 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges1 to, among other things, require that the defendant in a civil action file a simplified answer to the plaintiff's complaint before a hearing date is set. The Committee has not yet submitted this proposal for review by the Supreme Court of Pennsylvania.
The following explanatory Report highlights the Committee's considerations in formulating this proposal. The Committee's Report should not be confused with the Committee's Official Notes to the rules. The Supreme Court does not adopt the Committee's Official Notes or the contents of the explanatory reports.
The text of the proposed changes precedes the Report. Additions are shown in bold; deletions are in bold and brackets.
We request that interested persons submit written suggestions, comments, or objections concerning this proposal to the Committee through counsel,
Michael F. Krimmel, Counsel
Supreme Court of Pennsylvania
Minor Court Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, PA 17055
Fax 717-795-2175
or e-mail to: minorrules@pacourts.usno later than Monday, July 18, 2005.
By the Minor Court Rules Committee
THOMAS E. MARTIN, Jr.,
Chair
Annex A
TITLE 246. MINOR COURT CIVIL RULES
PART I. GENERAL
CHAPTER 200. RULES OF CONSTRUCTION; GENERAL PROVISIONS Rule 209.2
Continuances.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 as otherwise provided in these rules and for good cause shown,
(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:
(a) beyond [90] 30 days from the hearing date [of filing the plaintiff's complaint] scheduled in accordance with Rule 319 in proceedings commenced pursuant to Rule 303, or
(b) beyond 30 days from the date of filing the plaintiff's complaint in proceedings commenced pursuant to Rule 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
(a) as counsel for a respondent-attorney before a hearing committee, special master, the Disciplinary Board, or the Supreme Court;
(b) as a special master or member of a hearing committee, or
(c) 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
(a) 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
(b) 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.
Official Note: This rule was amended in 2005 to consolidate the provisions of former Rules 320 (relating to continuances in civil actions) and 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 operative dates for calculating the limitations on continuances differ in civil actions (commenced pursuant to Rule 303) and landlord and tenant actions (commenced pursuant to Rule 502). In civil actions, the 30 day limitation runs from the hearing date scheduled in accordance with Rule 319; in landlord and tenant actions, the 30 day limitation runs from the date of filing the plaintiff's complaint. The grounds set forth in subdivision D, of course, are not intended to be the only grounds on which a continuance will be granted.
CHAPTER 300. CIVIL ACTION Rule 301. Definition. Scope.
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.] Rescinded.
Official Note: Civil action includes actions formerly denominated ''assumpsit'' or ''trespass'' and civil claims for fines and penalties. See Section 1515(a)(3) of the Judicial Code, 42 Pa.C.S. § 1515(a)(3), prescribing the jurisdiction of magisterial district judges. The rules in this chapter will 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 are governed by Chapter 500 of these rules.
[Statutes authorizing a civil fine or penalty include the following: (1) Section 10.1 of the Act of April 27, 1927, P. L. 465, No. 299, added by section 2 of the Act of December 21, 1988, P. L. 1315, No. 168, 35 P. S. § 1230.1 relating to clean indoor air; and Sections 617.1 and 817-A of the Act of July 31, 1968, P. L. 805, No. 247, as added by sections 62 and 77 of the Act of December 21, 1988, P. L. 1329, No. 170, 53 P. S. §§ 10617.1, 10817-A relating to violation of zoning and joint municipal zoning ordinances.]
Rule 303. Commencement of [the] Action.
An action [shall] may be commenced by [the] filing [of] a written complaint with the magisterial district court.
Official Note: The complaint must be in writing on a form prescribed by the Court Administrator of Pennsylvania. See Rule 212. The use of a standardized complaint form is intended to promote uniformity, simplification of procedure, and better access by the public to the judicial services of magisterial district courts.
This rule does not permit the commencement of an action by a writ of summons.
Rule 304. [Form] Contents of Complaint; Verification.
A. [The complaint shall be made in writing on a form which shall be prescribed by the State Court Administrator.] The complaint must set forth the following:
(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 the following:
(a) The date, time and place of the occurrence and a brief description of the damages sustained when the claim alleges tortious conduct.
(b) The date of the transaction and a brief description of the subject matter when the claim is contractual.
(c) The date and a description of the occurrence, and the citation to the statute authorizing the claim, when the claim is for a civil fine or penalty.
(4) Such other information as may be required on the complaint form.
B. The complaint [shall] must 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.
_________________
Signature[C. 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
Official Note: A civil action in which the claim alleges tortious conduct was formerly called an action in trespass.
(b) the date of the transaction and a brief description of the subject matter when the claim is contractual;
Official Note: A civil action in which the claim is contractual was formerly called an action in assumpsit.
(c) the date and description of the occurrence when the claim is for a civil fine or penalty and the citation to the statute authoring the claim.
(4) Such other information as shall be required on the complaint form.]
Official Note: [Rule 304 is designed to promote uniformity, simplification of procedure and better access by the public to the judicial services of magisterial district judges. The use of a form will help to accomplish this purpose and will also provide easier statistical and other administrative control by the Supreme Court.] A civil action in which the claim alleges tortious conduct was formerly called an action in trespass. A civil action in which the claim is contractual was formerly called an action in assumpsit.
Rule 305. [Setting the Date for Hearing; Delivery for Service] Notice to Defendant; Form.
[The magisterial district judge, at the time the complaint is filed, shall:
(1) Set a hearing date which shall be not less than 12 or more than 60 days from the date the complaint is filed.
(2) Insert the hearing time and date and the address of the magisterial district court in the complaint form.
(3) Deliver a copy of the complaint form with hearing time and date thereon to the plaintiff.
(4) 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:
(a) If you intend to enter a defense to this complaint you should so notify this office immediately.
(b) If you have a claim against the plaintiff which is within magisterial district court jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five days before the date set for the hearing.
(c) YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT.]
A. Every complaint filed by a plaintiff must include a notice to defendant in substantially the form set forth in subdivision B. No other notice to plead to a complaint is required.
B.
Notice To Defendant YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE COMPLAINT, YOU MUST TAKE ACTION WITHIN TEN DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY FILING WITH THE MAGISTERIAL DISTRICT COURT A WRITTEN ANSWER ON THE ANSWER/COUNTERCLAIM FORM INCLUDED WITH THIS COMPLAINT AND NOTICE. YOU ARE WARNED THAT IF YOU FAIL TO FILE AN ANSWER A JUDGMENT WILL BE ENTERED AGAINST YOU WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
IF YOU FILE YOUR ANSWER AS REQUIRED AND YOU DENY THE PLAINTIFF'S CLAIMS IN WHOLE OR IN PART, THE MAGISTERIAL DISTRICT COURT WILL NOTIFY YOU BY FIRST CLASS MAIL WHEN YOU MUST APPEAR AT A HEARING TO PRESENT YOUR DEFENSE. IF YOU DO NOT RECEIVE NOTICE OF YOUR HEARING DATE WITHIN SEVEN DAYS AFTER FILING YOUR ANSWER, YOU SHOULD CALL THE MAGISTERIAL DISTRICT COURT AT THE TELEPHONE NUMBER LISTED ON THE COMPLAINT FORM.
If you have a counterclaim against the plaintiff you must file it with your answer on the Answer/Counterclaim form included with this complaint and notice.
If you are disabled and require a reasonable accommodation to gain access to the magisterial district court and its services, please contact the court at the address or telephone number listed on the complaint form. The court is unable to provide transportation.
Official Note: [The 60 day limitation in subdivision (1) of this rule was considered to provide sufficient time in which to effect service under requirement of Rule 307 that service be made at least ten days before the hearing. See Rule 314E as to reinstatement of complaints dismissed because of lack of service. The copies required in subdivisions (3) and (4) are provided by the Magisterial District Judge Automated System. Giving the notice mentioned in subdivision (4)(a) is necessary if the defendant is to obtain judgment under Rule 319A because of the plaintiff's failure to appear. Subdivision (4)(b) gives notice of the right to file a cross-claim within magisterial district court jurisdiction. The procedure for filing such a claim is set forth in Rule 315, and the Note to that rule indicates possible procedures as to counterclaims not within magisterial district court jurisdiction. Subdivision (4)(c) provides for a warning concerning a default judgment, which may be rendered under Rule 319B.] This rule was amended in 2005 to provide for a more thorough notice to defendant and a written answer. Because rules now require the defendant to file a simplified answer to the complaint before a hearing is scheduled, the former provisions of this rule relating to setting the hearing date and delivering the complaint for service have been either deleted as obsolete or incorporated into other rules.
As to the defendant's answer and counterclaim, see Rules 315 and 318.
Rule 307. Service [of the Complaint] Generally; Service within the Commonwealth; Service by Mail.
[Service shall be made at least ten days before the hearing, in the following manner:] A. The complaint must be served within the Commonwealth within 40 days after the filing or reinstatement of the complaint.
B. Except as otherwise provided in subdivision C, service within the Commonwealth must be made 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] subparagraph (1), may:
(a) [send] 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] 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)] C. When service of the complaint 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 or registered mail. Such service may be made to any place in or outside the Commonwealth.
D. Except as otherwise provided in these rules, all notices and legal papers other than the complaint filed in an action shall be served by first class mail.
E. As used in this rule ''complaint'' includes the complaint form specified in Rule 303, the notice to defendant specified in Rule 305, and the blank Answer/Counterclaim form specified in Rule 318.
Official Note: This rule was amended in 2005 to conform the service rules to the requirement that the defendant file an answer before a hearing is scheduled. Under the new procedures, service is to be made within a specified time period after the complaint is filed, as opposed to the former procedure of requiring service within a specified time before the hearing date.
This rule provides a number of alternative methods of serving the complaint. [Subdivision] Subparagraph B(1) permits a certified constable to serve the complaint anywhere in the Commonwealth and authorizes deputized service by sheriffs. Subparagraph B(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] subparagraph B(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 B(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] subparagraph B(1) if the magisterial district judge so desires. Subdivision [(3)] C makes service of the complaint by mail, when permitted, at the option of the plaintiff. This was done because service by mail will ordinarily reduce costs.
Rule 313. Service Outside the Commonwealth.
A. The complaint must be served outside the Commonwealth within 60 days after the filing or reinstatement of the complaint.
B. [When service of the complaint is to be made upon a defendant] Service outside the Commonwealth[, it shall] must be made in one of the following ways:
(1) [by] 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] a competent adult[, other than the plaintiff] designated by the magisterial district judge [or].
(2) [by] By certified or registered mail as provided by Rule 308, 309 or 310, whichever is applicable[;].
(a) [if] If the registered or certified mail is returned with a notation by the postal authorities 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 a 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] If the mail is returned with a notation by the postal authorities that it was unclaimed, the plaintiff [shall] must make service by another means pursuant to these rules[, or].
(3) [in] 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.
C. As used in this rule ''complaint'' includes the complaint form specified in Rule 303, the notice to defendant specified in Rule 305, and the blank Answer/Counterclaim form specified in Rule 318.
Official Note: This rule was amended in 2005 to conform the service rules to the requirement that the defendant file an answer before a hearing is scheduled. Under the new procedures, service is to be made within a specified time period after the complaint is filed, as opposed to the former procedure of requiring service within a specified time before the hearing date.
See Section 5322 of 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] a Pennsylvania sheriff or constable to make service under [subdivision] subparagraph B(1), but [such] this method of service should not be attempted if it would be offensive to the jurisdiction in which service is to be made. See generally Uniform Interstate and International [Procedures] Procedure Act, [§ 2.02, Commissioners' Comment, 13 Uniform Laws Annotated 297] 42 Pa.C.S. §§ 5321 to 5329. Alternatively, the magisterial district judge may designate [any] a competent adult [other than the plaintiff] to make service under [subdivision] subparagraph B(1). Although the magisterial district judge may not designate the plaintiff as the person to make [such] this 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] subparagraph B(2)(a), the magisterial district judge shall note that fact on the [original complaint form] docket with the remark that a sufficient time having elapsed the ordinary mail was not returned, and shall [attach to the original complaint form] file the returned certified or registered letter with the notation by the postal authorities that the defendant refused to accept it. If service is to be made under [subdivision] subparagraph B(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] subparagraphs B(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.
Rule 314. Return, Waiver and Failure of Service; Reinstatement.
A. [The person serving the complaint shall, at or before the time of the hearing, make proof] (1) Except when service of the complaint is made by mail, the person making service of the complaint shall make a return of service forthwith.
(2) The return of service [which shall show (1) the] must set forth the following:
(a) The manner of service[, (2) the].
(b) The date, time, and place of service [and, (3) the].
(c) 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.]
(d) Any other facts necessary for the magisterial district judge to determine whether proper service has been made.
(3) If service has not been made, a return of no service shall be made upon the expiration of the period allowed for service.
B. [When] If service is made by registered or certified mail, the return receipt [shall] must 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] an answer 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] service within the Commonwealth is not made within the time prescribed by Rule 307 or outside the Commonwealth within the time prescribed by Rule 313, the magisterial district judge shall dismiss the complaint without prejudice.
E. Upon written request of the plaintiff, a complaint that has been dismissed without prejudice for failure to make service pursuant to subdivision D of this rule 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.
Official Note: The provision concerning appearance not being a waiver of venue was inserted in subdivision 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.
Subdivision D is intended to prevent the accumulation of stale claims in the office of the magisterial district judge.
Subdivision E 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 subdivision D. 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 ____ (date).'' If it is necessary to use a new form for the reinstated complaint, the reinstated complaint, except for service portions thereof, shall be an exact copy of the original complaint, although signatures may be typed or printed with the mark ''/s/'' indicating an actual signature. The language in subdivision E that a complaint may be reinstated ''at any time'' will permit reinstatement after a faulty service without waiting for further proceedings in the case. Reinstatement must occur within the period of the statute of limitations from the date of the last filing or reinstatement. The cost for reinstating a complaint is specified in Section 1725.1 of the Judicial Code, 42 Pa.C.S. § 1725.1. In addition, there may be additional server costs for service of the reinstated complaint.
Rule 315. Claim by Defendant.
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] a counterclaim against the plaintiff that is within the jurisdiction of a magisterial district judge. [Such a claim] The counterclaim 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 hearing of both complaints together that shall not be less than 12 or more than 30 days from the filing of the defendant's complaint.] (1) A counterclaim may be filed only as prescribed by Rule 318.
(2) A counterclaim is deemed denied by the plaintiff and no responsive pleading is required.
C. (1) If the defendant files a counterclaim, the magisterial district judge shall hear both matters together at a consolidated hearing.
(2) If the defendant's counterclaim is properly and timely filed in accordance with this rule and Rule 318, the hearing on the defendant's counterclaim may proceed even if the plaintiff voluntarily withdraws his or her complaint.
(3) Although a separate award on each claim and counterclaim may be rendered, one single consolidated net [A] money judgment for the plaintiff or for the defendant, but not for both, shall be entered with respect to [such cross-complaints] counterclaims, any lesser amount found due on the claim asserted in one being [deducted] set off from the greater amount found due on the claim asserted in the other.
D. [If the defendant files a cross-complaint, the magisterial district judge shall promptly notify the plaintiff of the time and date set for the hearing of both complaints together. If the plaintiff has an attorney of record, the notice shall be given to the attorney of record instead of to the plaintiff.] Rescinded.
Official Note: Subdivision A of this rule permits the defendant to file a [cross-complaint] counterclaim 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] counterclaim being considered a ''plaintiff'' as to the [cross-complaint] counterclaim 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 plaintiff or the plaintiff's attorney, under subdivision D of the rule, of any new hearing time and date. Notice under subdivision D is not a substitute for the service required under subdivision B.]
The counterclaim must be in writing on the Answer/Counterclaim form prescribed by the Court Administrator of Pennsylvania. See Rules 212, 305, and 318.
If the defendant does not file [an action at least five days before the hearing] a claim as prescribed by this rule, the defendant may still file a complaint against the plaintiff but it will not be processed as a [cross-complaint] counterclaim.
Subparagraph C(3) makes clear that only one money judgment should be entered for either the plaintiff or the defendant.
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] court jurisdiction. It was thought that no such provision was necessary, for if the plaintiff prevails in the magisterial district [judge] 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] counterclaim is in the nature of a responsive pleading, there is no fee for filing it.
No [cross-complaint] counterclaim may be filed in a supplementary action filed under Rule 342. See Rule 342 and Note.
Rule 318. [Informing Plaintiff of Notice of Intention to Defend] Defendant's Answer and Counterclaim; Time for Filing Answer and Counterclaim; Judgment by Consent and Judgment by Default.
[If the defendant gives the magisterial district judge notice of his intention to defend under Rule 305(4)(a), the magisterial district judge shall promptly inform the plaintiff in writing that he has received such a notice by mailing to the plaintiff a copy of the completed Notice of Intent to Defend form. If the plaintiff has an attorney of record named in the complaint form, this information shall be given to the attorney of record instead of to the plaintiff.]
A. (1) The defendant must file an answer with the magisterial district court within ten days after the complaint is served upon the defendant.
(2) The time period for filing the answer may not be extended except by the magisterial district judge for good cause shown.
B. The answer must be in writing on the Answer/Counterclaim form prescribed by the Court Administrator of Pennsylvania and must set forth the following:
(1) The name, address, and telephone number of the defendant.
(2) A statement by the defendant declaring one of the following:
(a) That the defendant does not owe the plaintiff any part of what is claimed, with a brief and concise explanation as to why, and that the defendant requests a hearing before the magisterial district judge.
(b) That the defendant owes the plaintiff only part of what is claimed, with a brief and concise explanation as to how much and why, and that the defendant requests a hearing before the magisterial district judge.
(c) That the defendant owes the plaintiff what is claimed, and that the defendant does not contest the claim or request a hearing before the magisterial district judge.
(3) Any other matter that the defendant may assert in the case.
(4) A counterclaim asserted by the defendant under Rule 315, if any.
(5) Such other information as may be required on the Answer/Counterclaim form.
C. The answer must be signed by the defendant or defendant's attorney.
D. (1) If the defendant files an answer in accordance with subparagraph B(2)(c), the magisterial district judge shall enter judgment by consent forthwith.
(2) If the defendant fails to file a timely answer with the magisterial district court, the magisterial district judge shall enter judgment by default forthwith.
Official Note: [No specific form of notification is required by this rule, but entries on the complaint form will show that the defendant gave notice of his intention to defend and that the magisterial district judge informed the plaintiff or his attorney of record thereof, when these events have occurred. A notation that a copy of the Notice of Intent to Defend form was sent to the plaintiff or his attorney of record shall be made on the complaint maintained in the magisterial district judge's files.] This rule was amended in 2005 to require the defendant to file a simplified answer before a hearing date is set. This significant change in magisterial district court practice was intended to give magisterial district judges and parties more certainty in hearing dates and to reduce the number of unnecessarily scheduled hearings that result in default judgments.
Subparagraph A(2) makes clear that the time period for filing the answer may not be extended except by the magisterial district judge for good cause shown. The time period may not be extended merely by agreement of the parties. This restriction is necessary because under these rules a default judgment may be entered against the defendant for failure to file a timely answer by operation of law without the need for a praecipe by the plaintiff.
The requirement that the defendant file an answer in civil actions governed by the rules in this chapter is not intended to affect the procedures in possessory actions governed by Chapter 500. No answer or notice of intention to defend is required in possessory actions because the plaintiff must appear in every case to present testimony.
The answer must be in writing on the Answer/Counterclaim form prescribed by the Court Administrator of Pennsylvania. See Rules 212 and 305. The use of a standardized Answer/Counterclaim form is intended to promote uniformity, simplification of procedure, and better access by the public to the judicial services of magisterial district courts.
When the magisterial district judge enters judgment under subdivision D, the magisterial district court shall promptly give or mail to the parties written notice of judgment in accordance with Rule 324.
Rule 319. Setting the Date for Hearing; Notice; Failure of a Party to Appear at the Hearing.
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.] Upon the timely filing of an answer by the defendant in which the defendant denies the plaintiff's claim in whole or in part and requests a hearing, or in which the defendant asserts a counterclaim against the plaintiff, the magisterial district court shall:
(1) Set a hearing date and time which must be not less than 12 or more than 30 days from the date of the hearing notice required by subparagraph (2).
(2) Give or mail to all parties not in default written notice of the date, time, and place of the hearing.
(3) Give or mail to the plaintiff a copy of the defendant's answer and the defendant's counterclaim, if any.
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.] (1) If the plaintiff 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 good cause shown.
(2) If the defendant does not appear at the hearing, but the plaintiff does appear, the magisterial district judge shall enter judgment for the plaintiff or continue the case for good cause shown.
(3) If neither party appears at the hearing, the magisterial district judge shall dismiss the complaint without prejudice or continue the case for good cause shown.
Official Note: [The first sentence of subdivision A of this rule] Subparagraph B(1) 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 when the plaintiff fails to appear at the hearing but the defendant does appear, although [he can] the plaintiff may 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.] A complaint dismissed without prejudice under subparagraph B(3) may not be reinstated. If the plaintiff wishes to refile a complaint dismissed under this rule, the case must begin anew with the filing of a complaint, payment of costs, and proper service.
[As to the provisions concerning assessment of damages in subdivision B, compare Pa.R.C.P. Nos. 1037(b) and 1047(b).]
If the defendant files a counterclaim, the hearing scheduled in accordance with subparagraph A(1) will be a consolidated hearing on both the plaintiff's complaint and the defendant's counterclaim. See Rule 315.
When the magisterial district judge enters judgment or dismisses a complaint under subdivision B, the magisterial district court shall promptly give or mail to the parties written notice of judgment or dismissal in accordance with Rule 324.
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1 The title ''district justice'' was replaced in these rules by ''magisterial district judge'' effective January 29, 2005, in accordance with Act 207 of 2004 and Supreme Court of Pennsylvania Order No. 269, Judicial Administration Docket No. 1 (January 6, 2005).
2 As amended December 16, 2004, effective July 1, 2005.
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