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PA Bulletin, Doc. No. 06-1438

THE COURTS

PART I. GENERAL

[246 PA. CODE CH. 1000]

Correction to Rule 1002 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges

[36 Pa.B. 3997]
[Saturday, July 29, 2006]

   The Order of December, 15, 2000, published at 30 Pa.B. 6882, 6883 (December 30, 2000), amended the comment to Rule 1002. A paragraph of the official note was not codified correctly. This notice corrects the affected portion of the official note currently published in the Pennsylvania Code.

Annex A

TITLE 246. MINOR COURT CIVIL RULES

PART I. GENERAL

CHAPTER 1000. APPEALS

APPEAL

Rule 1002. Time and Method of Appeal.

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   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 the appeal is taken from any 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) day period for filing an appeal, unless by order of court.

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[Pa.B. Doc. No. 06-1438. Filed for public inspection July 28, 2006, 9:00 a.m.]


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