Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Order Amending Rule 402 of Pennsylvania Rules of Civil Procedure Before Magisterial District Judges

Supreme Court of Pennsylvania

July 22, 2019

IN RE: ORDER AMENDING RULE 402 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE BEFORE MAGISTERIAL DISTRICT JUDGES

         MAGISTERIAL RULES DOCKET

          ORDER

          PER CURIAM

         AND NOW, this 22nd day of July, 2019, upon the recommendation of the Minor Court Rules Committee, the proposal having been published for public comment at 45 Pa.B. 1252 (March 14, 2015) and 47 Pa.B. 7305 (December 2, 2017):

         It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 402 of the Pennsylvania Rules of Civil Procedure Before Magisterial District Judges is amended in the attached form.

         This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective on January 1, 2020.

         Additions to the rule are shown in bold and are underlined. Deletions from the rule are shown in bold and brackets.

         Rule 402. Request for Order of Execution. Entry of Judgment in Court of Common Pleas or Philadelphia Municipal Court

         A. (1) Execution of a judgment for the payment of money rendered by a magisterial district judge may be ordered by a magisterial district judge in whose office the judgment was rendered or entered, provided the plaintiff files in that office

         [(1)] (a) not before the expiration of 30 days from the date the judgment is entered by the magisterial district judge, and

         [(2)] (b) within five years of that date, a request for an order of execution.

         (2) The magisterial district judge in whose office the judgment was rendered or entered shall accept all timely requests for an order of execution on that judgment, including when the location of the property to be levied upon is located outside the county of the magisterial district where the judgment was rendered or entered.

         B. The request form shall be attached to the order, return and other matters required by these rules.

         C. The plaintiff may enter the judgment, for the purpose of requesting an order of execution thereon, in an office of a magisterial district judge other than that in which it was rendered only if levy is to be made outside the county in which the judgment was rendered and the office in which the judgment is entered for execution is that of [a] the magisterial district judge whose magisterial district is situated in the county in which levy is to be made.

         The plaintiff may enter the judgment in such other office by filing therein a copy of the record of the proceedings containing the judgment, certified to be a true copy by the magisterial district judge in whose existing office the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.