THE COURTS
Title 246—MINOR COURT CIVIL RULES
PART I. GENERAL
[ 246 PA. CODE CH. 300 ]
Order Amending Rules 307, 308, 309, 310, 312, 313 and 314 of the Rules of Civil Procedure Governing Actions and Proceedings before Magisterial District Judges; No. 373 Magisterial Doc.
[44 Pa.B. 5183]
[Saturday, August 2, 2014]
Order Per Curiam
And Now, this 21st day of July, 2014, upon the recommendation of the Minor Court Rules Committee; the proposal having been published for public comment at 44 Pa.B. 10 (January 4, 2014):
It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 307, 308, 309, 310, 312, 313, and 314 of the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings before Magisterial District Judges 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 August 20, 2014.
Annex A
TITLE 246. MINOR COURT CIVIL RULES
PART I. GENERAL
CHAPTER 300. CIVIL ACTION Rule 307. Service of the Complaint.
Service shall be made at least ten days before the hearing, in the following manner:
* * * * * (3) When service 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 or comparable delivery method resulting in a return receipt in paper or electronic form. Such service may be made to any place in or outside the Commonwealth.
* * * * * Rule 308. Service Upon Individuals.
Service of the complaint upon an individual defendant shall be made:
* * * * * (3) by mailing a copy to the defendant by certified mail or comparable delivery method resulting in a return receipt in paper or electronic form. The return receipt [card for certified or registered mail shall be marked ''Restricted Delivery,'' and the return receipt] shall show the signature of the defendant or [an agent of the defendant authorized in writing to receive his restricted delivery mail] those persons designated in subdivision (2) of this rule. If the signature on the return receipt is that of [a person other than the defendant] any persons designated in subdivision (2) of this rule, it shall be presumed, unless the contrary is shown, that the signer was an agent of the defendant [authorized in writing to receive his restricted delivery mail].
Official Note: Compare Pa.R.C.P. [No. 1009(b)] Nos. 402—403. Subdivisions (1), (2) and (3) are not intended to be preferential in the order of their numbering. [Subdivision (3) reflects changes in postal regulations effective March 1, 1975. The presumption in that subdivision stems from the presumption of regularity in the conduct of governmental affairs.]
Rule 309. Service Upon Partnerships.
Service of the complaint upon a partnership shall be made:
(1) by handing a copy to a partner, manager, clerk or other person for the time being in charge, at any regular place of business of the partnership, or
(2) on a partner in the same manner as an individual if there is no regular place of business, or
(3) by mailing, via certified mail or comparable delivery method resulting in a return receipt in paper or electronic form, a copy to the regular place of business of the partnership. The return receipt shall show that the complaint was received by the partnership.
Official Note: Compare Pa.R.C.P. No. [2131(a)] 423.
Rule 310. Service Upon Corporations.
Service of the complaint upon a corporation or similar entity shall be made:
(1) on an executive officer, partner or trustee of the corporation, or
(2) on an agent or person for the time being in charge of, and only at, any office or usual place of business of the corporation, or
(3) on an agent authorized by appointment to receive service of process, or
(4) by mailing, via certified mail or comparable delivery method resulting in a return receipt in paper or electronic form, a copy to the regular place of business of the corporation. The return receipt shall show that the complaint was received by the corporation or similar [activity] entity.
Official Note: Compare Pa.R.C.P. No. [2180(a)] 424.
Rule 312. Service on a Political Subdivision.
As used in this rule, ''political subdivision'' means any county, city, borough, incorporated town, township, school district, vocational school district, county institution district or municipal or other local authority.
Service of the complaint upon a political subdivision shall be made:
(1) by handing a copy to an agent duly authorized by the political subdivision to receive service of process, or to the mayor, or to the president, chairman, secretary or clerk of the tax levying body thereof, or
(2) in counties where there is no tax levying body by handing a copy to the chairman or clerk of the board of county commissioners, or
(3) by mailing, via certified mail or comparable delivery method resulting in a return receipt in paper or electronic form, a copy to the office of the political subdivision. The return receipt shall show that the complaint was received by the political subdivision.
Official Note: Compare Pa.R.C.P. No. [2104(c)] 422. The definition of ''political subdivision'' is derived from Pa.R.C.P. No. 76.
Rule 313. Service Outside the Commonwealth.
When service of the complaint is to be made upon a defendant outside the Commonwealth, it shall be made:
(1) 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 adult, other than the plaintiff, designated by the magisterial district judge or
(2) by certified [or registered] mail or comparable delivery method resulting in a return receipt in paper or electronic form as provided by Rule 308, 309 or 310, whichever is applicable;
(a) if the [registered or certified] mail is returned with a notation by the postal authorities or commercial carrier 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] the 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 the mail is returned with a notation by the postal authorities or commercial carrier that it was unclaimed, the plaintiff shall make service by another means pursuant to these rules, or
(3) 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.
Official Note: See 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 Pennsylvania sheriff or constable to make service under subdivision (1), but such service should not be attempted if it would be offensive to the jurisdiction in which service is to be made. See Uniform Interstate and International Procedures Act, § 2.02, Commissioners' Comment, 13 Uniform Laws Annotated 297. Alternatively, the magisterial district judge may designate any adult other than the plaintiff to make service under subdivision (1). Although the magisterial district judge may not designate the plaintiff as the person to make such 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 (2), the magisterial district judge shall note that fact on the docket with the remark that a sufficient time having elapsed the ordinary mail was not returned. The magisterial district judge shall attach to the original complaint form the returned certified or [registered letter] comparable delivery method resulting in a return receipt in paper or electronic form with the notation by the postal authorities or commercial carrier that the defendant refused to accept it. If service is to be made under subdivision (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 (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. Compare Pa.R.C.P. No. 404.
Rule 314. Return, Waiver and Failure of Service; Reinstatement.
* * * * * B. When service is made by [registered or] certified mail or comparable delivery method resulting in a return receipt in paper or electronic form, the return receipt shall be filed with the original complaint.
* * * * *
FINAL REPORT1
Recommendation 2-2014, Minor Court Rules Committee
Amendment of Rules 307, 308, 309, 310, 312, 313, and 314 of the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings before Magisterial District Judges
Permitting Use of Electronic Receipts and Commercial Carriers On July 21, 2014, effective August 20, 2014, upon recommendation of the Minor Court Rules Committee (''Committee'')2 , the Supreme Court of Pennsylvania adopted amendments to Rules 307, 308, 309, 310, 312, 313, and 314 of the Pennsylvania Rules of Civil Procedure before Magisterial District Judges.
I. Background and Discussion
The goal of the amendments is to provide for the use of electronic receipts in lieu of ''greens cards'' where elected and available, as well as the use of commercial carriers in lieu of the United States Postal Service. Currently, proof of service by certified or registered mail is provided by ''a return receipt card,'' colloquially referred to as a ''green card.'' Committee members are aware of postal delays in returning the return receipt cards. For some time now, the United States Postal Service has offered electronic return receipts in lieu of the traditional green cards to demonstrate proof of delivery. The Committee recognizes that court administrators in some judicial districts may want to utilize these services, and proposed amending the above referenced rules to specifically permit such activity. The Committee noted that this practice is already allowed under the Pennsylvania Rules of Criminal Procedure, with the comment to Pa.R.Crim.P. 114 providing that ''[n]othing in this rule is intended to preclude a judicial district from utilizing the United States Postal Service's return receipt electronic option, or any similar service that electronically provides a return receipt, when using certified mail, return receipt requested.'' See Pa.R.Crim.P. 114, comment.
The Committee also recognized that there may be circumstances where a judicial district may elect to use a commercial carrier service as an alternative to the United States Post Office. The Committee proposed permitting the use of such services where a return receipt in paper or electronic form is available. The Committee noted a similar practice is already allowed by the Pennsylvania Rules of Criminal Procedure for service of most orders and court notices. See Pa.R.Crim.P. 114(B)(3)(vii) (permitting delivery by ''carrier service'').
II. Rule Changes
Changes to Rules 307(3), 308(3), 309(3), 310(4), 312(3), 313(2), and 314(B) include adding the phrase ''comparable delivery method resulting in a return receipt in paper or electronic form'' to permit the use of electronic receipts. Additional changes include adding references to alternative commercial carrier services, updating cross references to the Rules of Civil Procedure, adding a definition of ''political subdivision'' to Rule 312, and amending Rule 308(3) to simplify determination of when a person other than the defendant is authorized to sign for the defendant's restricted delivery mail.
[Pa.B. Doc. No. 14-1621. Filed for public inspection August 1, 2014, 9:00 a.m.] _______
1 The Committee's Final Report should not be confused with the Official Notes to the Rules. Also, the Supreme Court of Pennsylvania does not adopt the Committee's Official Notes or the contents of the explanatory Final Reports.
2 Minor Court Rules Committee Recommendation 2-2014.
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