THE COURTS
Title 246—MINOR
COURT CIVIL RULES
PART I. GENERAL
[ 246 PA. CODE CHS. 300 AND 400 ]
Order Amending Rule 402 and the Official Note to Rule 341 of the Minor Court Civil Rules; No. 364 Magisterial Doc.
[43 Pa.B. 5989]
[Saturday, October 12, 2013]
Order Per Curiam
And Now, this 26th day of September, 2013, upon the recommendation of the Minor Court Rules Committee; the proposal having been published for public comment at 42 Pa.B. 7007 (November 10, 2012):
It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 402 and the Official Note to Rule 341 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 December 25, 2013.
Annex A
TITLE 246. MINOR COURT CIVIL RULES
PART I. GENERAL
CHAPTER 300. CIVIL ACTION
SATISFACTION OF MONEY JUDGMENTS Rule 341. Request for Entry of Satisfaction; Service; Entry of Satisfaction.
* * * * * 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.
* * * * *
CHAPTER 400. ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY Rule 402. Request for Order of Execution. Entry of Judgment in Court of Common Pleas.
* * * * * 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, [certifed] 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. When so entered, the indexing, revival and execution of the judgment shall be in accordance with procedures applicable in the court of common pleas.
(2) 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 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 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 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, 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, 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 [subparagraph D(5)] paragraphs D(4) and D(6) of this rule, once the judgment is entered 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.
[(5)] (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 showing the judgment and satisfaction have been entered in the court of common pleas.
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 within five years of the date the judgment was entered by the magisterial district judge, then the judgment shall be marked expired.
Official Note: Under subdivision A 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.
Subdivision 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 subdivision 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 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. Also, subdivision D makes clear that when the judgment is entered in the court of common pleas, all further process shall come from the court of common pleas 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 courtdocket vacating of the judgment due its entry at the court of common pleas, or proof of satisfaction of a judgment that had been entered in the court of common pleas 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. A plaintiff filing a judgment in the court of common pleas 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 judgment will be reportable as an outstanding liability of the defendant.
Subdivision 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 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.
FINAL REPORT
Recommendation 3-2013, Minor Court Rules Committee
Amendments to Rule 402 and the Official Note to Rule 341 of the Minor Court Civil Rules
Civil Actions; Time Limits for Requesting an Order of Execution or Entering Judgment in a Court of Common Pleas On September 26, 2013, effective December 25, 2013, upon recommendation of the Minor Court Rules Committee1 , the Supreme Court of Pennsylvania approved amendments to Rule 402 and the Official Note to Rule 341 of the Minor Court Civil Rules2 .
I. Background and Discussion
The Minor Court Rules Committee (the ''Committee'') recommended amendments to the rules of procedure governing civil actions before magisterial district judges. The goal of these changes is (1) to suggest an option for a defendant when a plaintiff cannot be located or otherwise served with a request for entry of satisfaction of judgment pursuant to Pa.R.C.P.M.D.J. No. 341, and (2) to clarify the status of a judgment when a plaintiff has not executed upon it or entered it at a court of common pleas within the five year period set forth in Pa.R.C.P.M.D.J. No. 402.
The Committee received reports that some defendants have encountered difficulties when attempting to serve plaintiffs with requests to enter satisfaction of judgment because the plaintiffs have either moved, died, or are otherwise unavailable (e.g., corporate dissolution). Under current Pa.R.C.P.M.D.J. No. 341, the judgment creditor must be served with the request as the first step in the satisfaction process. Additionally, the Committee was advised that when a plaintiff enters a judgment at a court of common pleas pursuant to Pa.R.C.P.M.D.J. No. 402D, the judgment in the magisterial district court remains open and active because the magisterial district court is not advised of the action at common pleas. Moreover, it is incumbent upon the plaintiff to adhere to the requirement in Pa.R.C.P.M.D.J. No. 402D(4), and not take further action in the magisterial district court. Finally, the Committee also considered the scenario where five years from the date of the judgment has elapsed, and the plaintiff has not taken any action to either execute on the judgment in a magisterial district court, or enter it in a court of common pleas pursuant to Pa.R.C.P.M.D.J. No. 402. In all of these instances, defendants can be subject to adverse credit reporting because of these magisterial district court judgments, yet they have no effective means to update the record.
II. Approved Rule Changes
The Committee recommended amending the Official Note to Rule 341 to address the situation where the defendant is unable to locate or otherwise serve the request for entry of satisfaction of judgment on the judgment creditor. As the magisterial district courts do not have motions practice, the Committee considered mechanisms for obtaining alternative service. The amended note suggests that the defendant enter the judgment in the court of common pleas, and then seek alternative service in that court pursuant to Pa.R.C.P. 430.
The Committee also recommended amending Rule 402. First, the Committee recommended that a plaintiff entering judgment at the court of common pleas must also file satisfactory proof of the entry of judgment with the magisterial district court that rendered the judgment, and the magisterial district court will then vacate the judgment from its docket. If the plaintiff fails to do so within fourteen days of entry at the court of common pleas, then the defendant may make the filing with the magisterial district court. The Committee also recommended marking magisterial district court judgments that have not been executed upon or entered at the court of common pleas within the five year period prescribed by Rule 402 as expired, rendering the judgment unenforceable. Doing so will properly indicate that such a judgment is one that can no longer be enforced via the processes set forth in Rule 402.
[Pa.B. Doc. No. 13-1887. Filed for public inspection October 11, 2013, 9:00 a.m.] _______
1 Minor Court Rules Committee Recommendation 3-2013.
2 Supreme Court of Pennsylvania Order No. 364, Magisterial Docket (September 26, 2013).
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