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PA Bulletin, Doc. No. 13-1606

THE COURTS

Title 246—MINOR
COURT CIVIL RULES

PART I. GENERAL

[ 246 PA. CODE CHS. 200 AND 400 ]

Order Amending Rules 209, 403 and 410 of the Minor Court Civil Rules; No. 361 Magisterial Rules Doc.

[43 Pa.B. 4967]
[Saturday, August 31, 2013]

Order

Per Curiam

 And Now, this 14th day of August, 2013, upon the recommendation of the Minor Court Rules Committee; the proposal having been published for public comment before adoption at 43 Pa.B. 8 (January 5, 2013):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 209, 403 and 410 of the Minor Court Civil Rules are amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective in 30 days on September 13, 2013.

Annex A

TITLE 246. MINOR COURT CIVIL RULES

PART I. GENERAL

CHAPTER 200. RULES OF CONSTRUCTION; GENERAL PROVISIONS

Rule 209. Continuances and Stays.

*  *  *  *  *

 E. Continuances and stays shall be granted in compliance with federal or state law, such as the [Service-members] Servicemembers Civil Relief Act., 50 App. [U.S.C.A.] U.S.C. § 501 et seq.

*  *  *  *  *

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

Rule 403. Issuance and Reissuance of Order of Execution.

 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 (2) If an order of execution is superseded by an appeal, writ of certiorari, supersedeas, or a stay pursuant to a bankruptcy proceeding or other federal or state law, and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 [certorari] 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 [certorari] 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 written request of the plaintiff timely filed. 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 ______ (time and date).'' A new form may be used upon reissuance, those portions retained from the original being exact copies although signatures may be typed or printed with the mark ''/s/.'' There are no filing costs for reissuing an order of execution, for the reissuance is merely a continuation of the original proceeding. However, there may be additional server costs for service of the reissued order of execution.

 The magisterial district court shall enter stays in compliance with federal or state law, such as the Servicemembers Civil Relief Act., 50 App. U.S.C. § 501 et seq.

Rule 410. Stay of Execution Generally.

 (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 Service-members Civil Relief Act., 50 App. U.S.C. § 501 et seq.

[Pa.B. Doc. No. 13-1606. Filed for public inspection August 30, 2013, 9:00 a.m.]


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