6 Order amending Rules 506, 818, 820, 1016, 1018 and the official note to Rule 1019, and adopting Rule 519.1 of the Rules of Civil Procedure governing actions and proceedings before magisterial district judges; no. 366 magisterial rules doc.
PART I. GENERAL [ 246 PA. CODE CHS. 500, 800 AND 1000 ] Order Amending Rules 506, 818, 820, 1016, 1018 and the Official Note to Rule 1019, and Adopting Rule 519.1 of the Rules of Civil Procedure Governing Actions and Proceedings before Magisterial District Judges; No. 366 Magisterial Rules Doc. [44 Pa.B. 14]
[Saturday, January 4, 2014]Amended Order Per Curiam
And Now, this 20th day of December, 2013, upon the recommendation of the Minor Court Rules Committee, the proposal having been published for public comment at 43 Pa.B. 3085 (June 8, 2013):
It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 506, 818, 820, 1016, and 1018 of the Rules of Civil Procedure Governing Actions and Proceedings Before Magisterial District Judges are amended, the Official Note to Rule 1019 is amended, and Rule 519.1 is adopted, all in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective on February 20, 2014.
Annex A TITLE 246. MINOR COURT CIVIL RULES PART I. GENERAL CHAPTER 500. ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY Rule 506. Service of Complaint.
A. The magisterial district judge shall serve the complaint by mailing a copy of it to the [defendant] defendant's last known address by first class mail and noting on the docket the date of such mailing, and by delivering a copy of it for service to the sheriff of, or any certified constable in, the county in which the office of the magisterial district judge is situated. If this service is not available to the magisterial district judge, service may be made by any certified constable of the Commonwealth. The officer receiving the copy shall serve it by handing it to the defendant or to an adult person in charge for the time being of the premises possession of which is sought to be recovered or, if none of the above is found, by posting it conspicuously on those premises.
* * * * * (Editor's Note: The following rule is new and printed in regular type to enhance readability.)
Rule 519.1. Request for Determination of Abandoned Manufactured Home.
A. A plaintiff may request a determination that a manufactured home is abandoned by filing the request on a form prescribed by the State Court Administrator with the magisterial district court in the magisterial district where the manufactured home is located.
B. If the determination is not or cannot be made during a hearing for recovery of possession pursuant to this chapter, the magisterial district court shall set a hearing date which shall be not less than seven (7) or more than fifteen (15) days from the date the request is filed.
C. The magisterial district court shall serve a copy of the request and the hearing notice on the defendant in the manner set forth in Rule 506.
D. The magisterial district judge shall promptly give or mail written notice of the determination to the parties in interest. Notice of the determination shall contain advice as to the right of the parties to file a Statement of Objection, the time within which the statement must be filed, and that the statement is to be filed with the court of common pleas.
E. Any party aggrieved by a determination made by a magisterial district judge under this rule may obtain a reconsideration thereof in the court of common pleas by filing a statement of objection to the determination pursuant to Rule 1016 with the prothonotary and with the magisterial district judge in whose office the determination was made.
Official Note: This rule was adopted in 2013 to accommodate the provisions of section 10.1 of the Act of November 24, 1976, P. L. 1176, No. 261, added by section 2 of the Act of October 24, 2012, P. L. 156, § 2, 68 P. S. § 398.10.1, which provides for a magisterial district judge to hold a hearing and make a determination that a manufactured home is abandoned.
The plaintiff must pay any fees or costs at the time of filing the request.
Rules 1016—1020, providing for the filing and consideration of a statement of objection to an order or determination made by a magisterial district judge under Rule 420, also apply to determinations made under this rule. A party seeking reconsideration of a determination of abandonment made concurrent with a judgment for possession must file the statement of objection in addition to the notice of appeal. Rule 1016B requires that the statement of objection must be filed with the prothonotary and the magisterial district judge within ten (10) days after the date of the determination to which objection is made. Both appeals from judgments for possession under residential leases and statements of objections to determinations of abandonment must be made within ten (10) days after the date of entry.
CHAPTER 800. MINORS AND INCOMPETENTS AS PARTIES Rule 818. Representation in Rule 420 and 519.1 Matters.
A guardian of a party in interest who is a minor or an incompetent may represent the minor or incompetent in hearings held under Rule 420 and Rule 519.1. On behalf of the minor or incompetent, he may make any appeal or file any objection, claim, exception or request mentioned in [that rule] those rules.
Official Note: [The rules] This rule allows guardians of minors or incompetents, as defined in Rule 801(3), to represent them in Rule 420 and Rule 519.1 matters and matters preliminary thereto.
Rule 820. Appellate Proceedings.
A guardian of a party who is a minor or an incompetent may initiate in an appropriate court of common pleas an appeal, certiorari proceedings or a statement of objection to Rule 420 and Rule 519.1 orders and determinations.
Official Note: It was thought advisable to include a provision giving guardians of minors and incompetents, as defined in Rule 801(3), the right to initiate appeals, certiorari proceedings and statements of objection to Rule 420 and Rule 519.1 orders and determinations. In doing so, of course, they will have to comply with applicable provisions of the rules governing appellate proceedings. Once the case is in the court of common pleas, however, provisions of the Rules of Civil Procedure relating to guardians ad litem and other procedures will apply.
CHAPTER 1000. APPEALS STATEMENT OF OBJECTION Rule 1016. Statement of Objection [to Rule 420 Orders and Determinations].
A. Any party in interest aggrieved by an order or determination made by a magisterial district judge under Rule 420 or Rule 519.1 may obtain a reconsideration thereof in the court of common pleas by filing a statement of objection to the order or determination with the prothonotary and with the magisterial district judge in whose office the order or determination was made.
B. The statement of objection shall be filed with the prothonotary and the magisterial district judge within ten (10) days after the date of the order or determination to which objection is made.
Official Note: This rule and Rules 1017—1020 provide a system for reconsideration in the court of common pleas of orders and determinations of magisterial district judges dealing with execution matters, and abandonment of manufactured homes.
Under subdivision B of this rule, the statement of objection must be filed within ten days after the date of the questioned order or determination. [See Rule 421C.] The time limit for filing a statement of objection need not be the same as that for filing a notice of appeal from a judgment. See the Judicial Code, § 5571(c)(4), 42 Pa.C.S. § 5571(c)(4), as amended by § 10(67) of the Judiciary Act Repealer Act, Act of April 28, 1978, P. L. 202, No. 53. It may be noted that under Pa.R.C.P. Nos. 3206(b) and 3207(b) objections to sheriff's determinations must be made within ten days after the date of mailing of the determination.
Rule 1018. Duties of Magisterial District Judge Upon Receipt of Statement of Objection.
A. Immediately upon receipt of the statement of objection, the magisterial district judge shall send a copy of it by ordinary mail to all other parties in interest.
B. Within ten (10) days after receiving the statement of objection, the magisterial district judge shall file with the prothonotary a certified true copy of the record of actions taken by the magisterial district judge under Rule 420 or Rule 519.1, but copies of only those appeals, objections, claims, exceptions or requests considered under Rule 420 or Rule 519.1 that are pertinent to the statement of objection need be attached to that record.
Official Note: As to the procedure in subdivision A, compare Pa.R.C.P. Nos. 3206(b), 3207(b).
Subdivision B is intended to bring before the court copies of the documents on file in the office of the magisterial district judge pertaining to the matter in question. The attachments to the record of Rule 420 or Rule 519.1 actions referred to in this subdivision are notations by the magisterial district judge of appeals taken under Rule 408C and objections to levy under Rule 413, property claims under Rule 413, exceptions to distribution under Rule 416C [and], requests to set aside sale under Rule 420C filed in the office of the magisterial district judge, and determinations of manufactured home abandonment under Rule 519.1.
Rule 1019. Consideration of Statement of Objection by Court of Common Pleas.
* * * * * Official Note: Consideration of the matters raised by the statement of objection will be de novo and the court is given broad latitude and discretion in disposing of these matters. Although the proceedings are de novo, this will not excuse failure to comply with whatever time limitations are imposed (see Rules 408C, 413, 416C [and], 420C, and 519.1) for raising before the magisterial district judge the matters now before the court of common pleas.
FINAL REPORT1 Recommendation 5-2013, Minor Court Rules Committee Amendments to Rules 506, 818, 820, 1016, 1018 and the Official Note to Rule 1019, and New Rule 519.1 of the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings before Magisterial District Judges Determination of Abandonment of Manufactured Homes On December 20, 2013, effective February 20, 2013 upon recommendation of the Minor Court Rules Committee,2 the Supreme Court of Pennsylvania approved amendments to Rules 506, 818, 820, 1016, 1018 and the Official Note to Rule 1019, as well as a new Rule 519.1 of the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings before Magisterial District Judges.3
I. Background and Discussion
The Minor Court Rules Committee (''Committee'') recommended amendments to the rules of procedure governing actions in magisterial district courts. The goal of these rule changes is to establish procedures for the determination of abandonment of manufactured homes, as provided for in the 2012 amendments to the Manufactured Home Community Rights Act.
In 2012, the Manufactured Home Community Rights Act (''MHCRA'') was amended to provide for the determination of abandonment of manufactured homes located in manufactured home communities. Section 10.1 of the Act of November 24, 1976, P. L. 1176, No. 261, amended by section 2 of the Act of October 24, 2012, P. L. 156, 68 P. S. § 398.10.1. The amendments to the MHCRA created a new determination of abandonment action to be heard and decided in the magisterial district courts. Upon reviewing the amendments to the MHCRA, the Committee concluded that the existing rules governing civil and landlord tenant actions would not cover this new determination action, and proceeded to draft rules accommodating it.
II. Approved Rule Changes
New Rule 519.1 establishes procedures for the new determination of abandonment action. Rule 519.1B provides for the setting of a hearing date, if the determination was not or cannot be made at the time of the hearing for recovery of possession of the manufactured home space. Rule 519.1C provides for service of the request and hearing notice on the defendant, while subdivision D requires that the magisterial district judge promptly give or mail written notice of the determination to the parties in interest. Finally, in subdivision E, if a party is aggrieved by a determination made by a magisterial district judge under this rule, the Committee recommended utilizing the existing procedures set forth in Rules 1016—1020, providing for the filing and consideration of a statement of objection to an order or determination made by a magisterial district judge under Rule 420.
Rule 506, providing for service of the complaint in a landlord-tenant action, was amended to clarify that the service copy sent via first class mail should be mailed to the defendant's last known address, as well as making changes consistent with the Court's approval of the Minor Court Rules Committee's Recommendation 6-2013,4 which provides for noting on the docket the date of first class mailing of the complaint to the defendant. The amendments to Rules 1016, 1018, and 1019 are made to include references to Rule 519.1 and the determination of abandoned manufactured homes in those rules, which set forth the procedures for filing a statement of objection. Finally, the amendments to Rules 818 and 820 are made to include the reference to new Rule 519.1.
[Pa.B. Doc. No. 14-6. Filed for public inspection January 3, 2014, 9:00 a.m.] _______
