IN RE: ORDER AMENDING RULE 402 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE BEFORE MAGISTERIAL DISTRICT JUDGES
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):
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.
Order shall be processed in accordance with Pa.R.J.A. No.
103(b), and shall be effective on January 1, 2020.
to the rule are shown in bold and are underlined. Deletions
from the rule are shown in bold and brackets.
402. Request for Order of Execution. Entry of Judgment in
Court of Common Pleas or Philadelphia Municipal
(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
(a) not before the expiration of 30 days from the
date the judgment is entered by the magisterial district
(b) within five years of that date, a request for an
order of execution.
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.
request form shall be attached to the order, return and other
matters required by these rules.
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.
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