PART I. GENERAL
[ 246 PA. CODE CH. 300 ]
Proposed Amendments to Rules 341 and 342 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges
[37 Pa.B. 6745]
[Saturday, December 22, 2007]
The Minor Court Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend the Notes to Rules 341 and 342 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges to clarify payment of costs when entry of satisfaction is requested. The Committee has not yet 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 Committee's Official Notes to the rules. The Supreme Court does not adopt the Committee's Official Notes or the contents of the explanatory reports.
The text of the proposed changes precedes the Report. Additions are shown in bold.
We request that interested persons submit written suggestions, comments, or objections concerning this proposal to the Committee through counsel,
Paula Knudsen Burke, Counsel
Minor Court Rules Committee
Supreme Court of Pennsylvania
5035 Ritter Road, Suite 700
Mechanicsburg, PA 17055
or email to: firstname.lastname@example.org
no later than March 1, 2008.
By the Minor Court Rules Committee
M. KAY DUBREE,
TITLE 246. MINOR COURT CIVIL RULES
PART I. GENERAL
CHAPTER 300. CIVIL ACTION
SATISFACTION OF MONEY JUGDMENTS
Rule 341. Request for Entry of Satisfaction; Service; Entry of Satisfaction.
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C. Within 90 days from the date of service of the request for entry of satisfaction, the judgment creditor shall enter satisfaction in the office of the magisterial district judge in which the request for entry of satisfaction was filed.
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, 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.
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Rule 342. Failure of Judgment Creditor to Enter Satisfaction; Supplementary Action.
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B. (1) Except as provided in subparagraph B(2), upon the filing of a complaint as provided in subdivision A, the action shall proceed as a civil action in accordance with the rules of the 300 Series.
(2) No claim under Rule 315 will be permitted in a supplementary action filed pursuant to this Rule.
Official Note: A judgment debtor may seek damages pursuant to Section 8104(b) of the Judicial Code, 42 Pa.C.S. § 8104(b). The action commenced under subdivision A of this Rule is a supplementary proceeding in the matter in which the judgment was entered. As such, it must be filed in the office of the magisterial district judge in which the request for entry of satisfaction was filed. Also, it must be indexed to the same docket number as, and made a part of the record of, the underlying action. See Rule 306 and Note. Because the supplementary action is merely a continuation of the underlying action, there are no filing costs for it, however there may be costs for service of the action. The requester shall be required to pay for all costs associated with initiating entry of satisfaction.
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Proposed Amendment to the Notes to Rules 341 and 342 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges
Payment of Costs When Entry of Satisfaction Is Requested
The Minor Court Rules Committee (the Committee) undertook a review of Rules 341 and 342 following an inquiry from a District Court administrator. The administrator pointed out that MDJ Rule 341 does not address who is required to pay for service of a request for entry of satisfaction. Instead, Rule 341 simply requires service ''in accordance with the rules in the 300 Series regarding service of the complaint.'' See MDJ Rule 341B.
II. Discussion and Proposed Rule Changes
After reviewing the administrator's inquiry, the Committee agreed that the lack of direction in MDJ 341, with regard to payment of service costs, was problematic. In attempting to fashion a solution, the Committee members settled upon adding language to the Notes of both Rules 341 and 342. The additional language makes it clear that the person who is requesting entry of satisfaction is the individual responsible for payment of any costs associated with his or her request.
[Pa.B. Doc. No. 07-2344. Filed for public inspection December 21, 2007, 9:00 a.m.]
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