Section 801. Definitions

As used in this chapter:

(1) ‘‘Action’’ includes a civil action as defined by Rule 301 and an action by a landlord against a tenant for the recovery of possession of real property pursuant to Rule 501.

Official Note

This chapter applies to all actions, civil in nature, within the jurisdiction of a magisterial district judge.

(2) ‘‘Minor’’ means an individual under the age of eighteen years.

(3) ‘‘Incapacitated person’’ means an adult who has a guardian appointed by a court of competent jurisdiction pursuant to 20 Pa.C.S. § 5511.

(4) ‘‘Guardian’’, except as otherwise indicated in Rules 808B and 816B, means—

(a) in the case of a minor, a guardian of the minor appointed by any court of competent jurisdiction or by a probated will, a parent of the minor or, if selected by the minor to represent him as guardian, any adult person.

(b) in the case of incapacitated persons, a guardian or other fiduciary appointed by a court of competent jurisdiction for the incapacitated person or the incapacitated person’s estate.

Official Note

The definition of ‘‘minor’’ is the same as that set forth in Pa.R.C.P. No. 76 and is in conformity with pertinent statutory provisions. See, for example, § 102 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 102. ‘‘Incapacitated person’’ is defined as one who already has a guardian appointed pursuant to 20 Pa.C.S. § 5511, the reason for not adopting the rest of the definition in Pa.R.C.P. No. 2051 being principally that a magisterial district judge should not become involved in appointing guardians ad litem. The definition of ‘‘guardian’’ with respect to a minor is necessarily broad in view of the system adopted in Rule 805. The definition of ‘‘guardian’’ with respect to an incapacitated person follows generally that found in Pa.R.C.P. No. 2051.

The provisions of this Rule 801 amended through January 29, 1976, effective immediately, 6 Pa.B. 361; amended September 18, 1990, effective immediately, 20 Pa.B. 5042; amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial pages (370079) to (370080).