Section 302. Venue

A. An action against an individual may be brought in and only in a magisterial district where:

(1) the individual may be served, or

(2) the cause of action arose, or

(3) a transaction or occurrence took place out of which the cause of action arose.

B. An action against a partnership may be brought in and only in a magisterial district where:

(1) the partnership regularly conducts business, or

(2) the cause of action arose, or

(3) a transaction or occurrence took place out of which the cause of action arose.

C. Except as otherwise provided by an Act of Assembly or by subdivision D of this rule, an action against a corporation or similar entity may be brought in and only in a magisterial district where:

(1) its registered office or principal place of business is located, or

(2) it regularly conducts business, or

(3) the cause of action arose, or

(4) a transaction or occurrence took place out of which the cause of action arose.

D. An action upon a policy of insurance against an insurance company, association or exchange, either incorporated or organized in Pennsylvania or doing business in this Commonwealth, may be brought in a magisterial district:

(1) designated in subdivision C of this rule, or

(2) where the insured property is located, or

(3) where the plaintiff resides, in actions upon policies of life, accident, health, disability, and live stock insurance or fraternal benefit certificates.

E. An action against an unincorporated association may be brought in and only in a magisterial district where:

(1) the association regularly conducts business or any association activity, or

(2) the cause of action arose, or

(3) a transaction or occurrence took place out of which the cause of action arose.

F. An action against a political subdivision may be brought in and only in a magisterial district the whole or part of which is located in the political subdivision.

G. A transaction or occurrence which took place on a roadway, highway, railway or body of water designated as a boundary between magisterial districts shall be considered to have taken place in any of the magisterial districts so bounded.

H. The magisterial district judge or the defendant may raise improper venue at any time prior to the conclusion of the hearing. If the magisterial district judge finds that venue is improper and there is a court of proper venue within Pennsylvania, the complaint shall not be dismissed but may be transferred to the court having proper venue.

Official Note

This rule replaces the temporary venue provisions of § 14 of the Schedule to Article V, Pennsylvania Constitution, 1968. It combines, with some minor changes, the Pennsylvania Rules of Civil Procedure relating to venue. See:

(1) Individuals: Pa. R.C.P. No. 1006(a).

(2) Partnerships: Pa. R.C.P. No. 2130(a).

(3) Corporations: Pa. R.C.P. No. 2179(a).

(4) Insurance Policies: Pa. R.C.P.No. 2179(b).

(5) Unincorporated Associations: Pa. R.C.P. No. 2156(a).

(6) Political Subdivisions: Pa. R.C.P. No. 2103(b).

This rule is not intended to repeal special statutory venue provisions not included therein (see Rule 382(2)), such as the venue provisions of the Goods and Services Installment Sales Act, Act of October 28, 1966, P. L. 7, Art. XII, § 1205, 69 P. S. § 2205, nor is it intended to contravene the special venue provisions of § 811 of the Fair Debt Collection Practices Act, 15 U.S.C. 1692i, pertaining to actions brought by debt collectors against consumers.

For a definition of ‘‘transaction or occurrence’’ see Craig v. W. J. Thiele & Sons, Inc., 395 Pa. 129, 149 A.2d 35 (1959).

Subdivision G is intended to take care of indistinct, ‘‘center line’’ or other confusing boundaries in the respects mentioned. When a complaint is transferred under subdivision H, it is treated as if originally filed in the transferee court on the date first filed in a court. If service of the complaint has already been made, no new service may be necessary, but the transferee court must set a new date, time and place for the new hearing and notify the parties thereof. It is the intent of this rule that cases may be transferred to any Pennsylvania court with appropriate jurisdiction and venue, including the Philadelphia Municipal Court. Likewise, nothing in this rule prohibits a court other than a magisterial district court from transferring a case to a magisterial district court with proper jurisdiction and venue, in accordance with the procedural rules of the transferring court. The jurisdictional limits of the magisterial district courts and the Philadelphia Municipal Court are governed by Sections 1515 and 1123 of the Judicial Code, respectively. 42 Pa.C.S. § § 1515 and 1123.

There are no costs for transfer of the complaint and no additional filing costs when a case is transferred from one magisterial district court to another magisterial district court. There are no additional filing costs when a case is transferred from the Philadelphia Municipal Court to a magisterial district court.

There may be additional service costs when a case is transferred.

The provisions of this Rule 302 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended July 3, 2003, effective January 1, 2004, 33 Pa.B. 3491. Immediately preceding text appears at serial pages (288426) to (288428).