Pennsylvania Code
Title 246 - MINOR COURT CIVIL RULES
Part I - GENERAL
Chapter 300 - CIVIL ACTION
Rule 305 - Setting the Date for Hearing; Delivery for Service; Notice to Defendant; Form

(a) Set a hearing date which shall be not less than 12 or more than 60 days from the date the complaint is filed.

(b) Insert the hearing time and date and the address of the magisterial district court in the complaint form.

(c) Deliver a copy of the complaint form with hearing time and date thereon to the plaintiff.

(d) Deliver a copy of the complaint form with hearing time and date thereon for service on the defendant as hereinafter set forth, which copy shall contain the following notice:

Notice to Defendant

You have been sued in court. If you wish to appear at the hearing and defend against the claims set forth in the complaint, you should notify the court in writing. You may give notice by completing the enclosed Notice of Intent to Defend form and returning it to the court. Alternatively, you may send the court a signed statement identical in content to the enclosed form. If you do not intend to dispute this claim, you do not need to appear in court and a judgment may be entered against you in your absence.

If you give written notice of intent to defend and attend the hearing, but the plaintiff does not appear at the hearing, then the magisterial district judge will enter judgment in your favor or continue the case for cause. If you do not give written notice of intent to defend and attend the hearing, but the plaintiff does not appear at the hearing, the magisterial district judge will continue the case. If you do not appear at the hearing, either a judgment will be entered against you or the case will be continued for cause. If a judgment is entered against you, you may lose money or property or other rights important to you.

If you have a claim against the plaintiff that is within magisterial district court jurisdiction and that you intend to assert at the hearing, you must file it on a complaint form at this office at least five days before the date set for the hearing. No claim by the defendant will be permitted in a supplementary action filed for failure of a judgment creditor to enter satisfaction.

If you need information about hiring a lawyer to represent you in this matter, contact either your county bar association or legal services agency.

(e) The copy of the complaint form delivered for service upon the defendant shall be accompanied by the Notice of Intent to Defend form prescribed by the State Court Administrator.

Comment:

The 60-day limitation in subdivision (a) was considered to provide sufficient time in which to effect service under the requirement of Pa.R.Civ.P.M.D.J. 307 that service be made at least ten days before the hearing. See Pa.R.Civ.P.M.D.J. 314E as to reinstatement of complaints dismissed because of lack of service. The copies required in subdivisions (c) and (d)are provided by the Magisterial District Judge Automated System.

Subdivision (d) sets forth the notice that must be provided to a defendant with a complaint, advising the defendant to notify the court if the defendant intends to appear at the hearing, the consequences of failing to appear at the hearing, and the right of the defendant to file a cross-complaint against the plaintiff within magisterial district court jurisdiction. The defendant must notify the court of his or her intention to defend against the complaint in order for the defendant to obtain judgment because of the plaintiff's failure to appear. See Pa.R.Civ.P.M.D.J. 319A.

See Pa.R.Civ.P.M.D.J. 315 (procedures for filing a cross-complaint); but see Pa.R.Civ.P.M.D.J. 342B(2) (prohibiting a defendant from filing a cross-complaint in a supplementary action).

The Notice of Intent to Defend form referenced in subdivision (e) shall be included with the complaint served on the defendant. It provides a convenient method for the defendant to advise the court that he or she intends to appear at the hearing and defend against the claims set forth in the complaint. Alternatively, the defendant may give the court a signed statement identical in content to the form provided by the court.

(Editor's Note: The following Explanatory Comment is not currently codified in the Pennsylvania Code.)

Historical Commentary

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

EXPLANATORY COMMENT-1992

The Note to Rule 305 recognizes that forms generated by the District Justice Automation Project may be provided to parties for their convenience at the discretion of the District Justice.