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PA Bulletin, Doc. No. 02-1416

THE COURTS

Title 246--MINOR COURT CIVIL RULES

PART I. GENERAL

[246 PA. CODE CH. 300]

Return, Waiver and Failure of Service; Reinstatement

[32 Pa.B. 4032]

Introduction

   The Minor Court Rules Committee is planning to recommend that the Supreme Court of Pennsylvania approve a revision to the Note to Pa. R.C.P.D.J. No. 314 to clarify the costs for reinstating a civil complaint. The Committee has not 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 official Committee Notes to the rules. The Supreme Court does not adopt the Committee's 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 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

or e-mail to: minorcourt.rules@supreme.court.state.pa.us
no later than Monday, September 9, 2002.

By the Minor Court Rules Committee

THOMAS E. MARTIN, Jr.,   
Chair

Annex A

TITLE 246.  MINOR COURT CIVIL RULES

PART I.  GENERAL

CHAPTER 300.  CIVIL ACTION

Rule 314.  Return, Waiver and Failure of Service; Reinstatement.

*      *      *      *      *

Official Note:

*      *      *      *      *

   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 district justice 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. [Since a reinstated complaint is merely a continuation of the original action, there is no filing fee for reinstating a complaint. However,] 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.

   Amended October 17, 1975, effective in 90 days; amended effective March 24, 1977; amended April 25, 1979, effective in 30 days; June 30 1982 effective 30 days after July 17, 1982; March 27, 1992, effective June 25, 1992; amended February 12, 2002, effective immediately; Note revised _____ , effective _____ .

REPORT

Proposed Revision to the Note to Pa. R.C.P.D.J. No. 314

Clarification Regarding Costs for Reinstating a Complaint

   The Committee reviewed the Note to Pa. R.C.P.D.J. No. 314 in response to an inquiry. It was reported to the Committee that there may be confusion among the district justice courts as to what costs, if any, are to be charged when a civil complaint is reinstated pursuant to Rule 314E. The Committee recognized that the Note to Rule 314, as currently written, provides that, ''[s]ince a reinstated complaint is merely a continuation of the original action, there is no filing fee for reinstating a complaint.'' Pa. R.C.P.D.J. No. 314, Note. While this statement is technically correct, the Committee further recognized that Section 1725.1(a)(10) of the Judicial Code, 42 Pa.C.S. § 1725.1(a)(10), specifies costs for the reinstatement of a complaint.1

   Accordingly, the Committee proposes that the Note to Rule 314 be revised to remove any confusion about the costs for reinstatement of a civil complaint. The revised Note would read, in pertinent part, ''[t]he cost for reinstating a complaint is specified in Section 1725.1 of the Judicial Code, 42 Pa.C.S. § 1725.1.''
______

   1 The cost for reinstating a complaint is currently $6.50. Under current law, the costs are adjusted annually pursuant to Section 1725.1(f) of the Judicial Code, 42 Pa.C.S. § 1725.1(f).

[Pa.B. Doc. No. 02-1416. Filed for public inspection August 16, 2002, 9:00 a.m.]


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