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Special Court Administration

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1. How much does it cost for a wedding at the MDJ office?

$44.00 (This amount is subject to annual legislative fee adjustment - 2018 fee shown) made payable to whichever District Court is performing the wedding. You must apply for the license at least 3 business days prior to the ceremony in the Cumberland County Register of Wills office. The following MDJ's perform weddings:  Day, Clement, Beckley, Sanderson (East Pennsboro Township residents only), Silcox (Hampden & Silver Spring residents only). The following MDJ's do not perform weddings: Martin, Fegley, Cohick, Adams, and Birbeck.

2. Can a Magisterial District Judge and/or staff provide legal assistance or guidance?

NO. The Magisterial District Judge and staff are prohibited from giving such advice. The Judge and staff are expected to continually maintain an unbiased and totally independent judiciary. Providing such assistance/guidance would significantly jeopardize such independence. The MDJ and staff can provide some limited guidance/instruction regarding the manner of completing some of the forms which must be completed and filed in the District Courts. Litigants should refer such inquiries to their attorney.

3. What are the requirements for bringing suit before a Magisterial District Judge?

You may file a suit with a magisterial district judge at the Magisterial District Court if you have a complaint against a person or business and wish to recover an amount of money totaling $12,000 or less. This is called a civil lawsuit. The $12,000 limit does not include the court costs involved in the suit, or any interest which may be due on your claim. If you are successful, you are entitled to be reimbursed for court costs. The MDJ is a judge assigned to hear these types of cases.

If you are involved in a dispute over a landlord/tenant issue, the time frame for hearings and appeals is different from those addressed in this pamphlet. You may also be brought before a district judge to answer a summary offense charge or a motor vehicle violation. The proceedings are similar but each has specific rules not covered in this pamphlet.

4. Should I go to District Court or Common Pleas Court?

Claims for $12,000 or less may be filed in Common Pleas Court; however, District Courts are less formal, less expensive and faster than Common Pleas Courts. Also, you need an attorney in Common Pleas Court. In a District Court, an attorney is not required, but it may be advisable to have one present for certain types of cases.

5. Who can represent me in a Magisterial District Court?

In Magisterial District Court proceedings, individuals may be represented by themselves or by counsel and corporations may be represented by their officers or counsel. It must be a person legally authorized to handle and settle the claim (After 1 August 2006 a non lawyer with personal knowledge of the case may represent a party IF the appropriate paper work has been filed with the Court for each and every case that the non lawyer will act as representative.)

6. Can the Magisterial District Judge order my property be returned?

No. The District Court can not order the return of property. If this is what you seek you must go to the Common Pleas Court.

7. To which District Court should I go?

If you decide to sue in a District Court, you must decide which district judge has authority to handle the suit. There are rules that govern where a suit may be filed. Generally, the suit must be filed where the person you are suing lives or is located, or where your claim arose. For example, a small claim arising out of a traffic accident or contract dispute could be filed with the district judge who serves the territory where the accident occurred or where the contract was signed.
The District Court closest to you can tell you if the suit is within that district. District judges may be listed in the yellow pages of the telephone book under "District Justice" or "Justice of the Peace."

8. How should I start a law suit?

Once you have found the correct office, the next step is to file a complaint on a standard form you can obtain from the District Court. The form is easy to complete. The important items on the form are:
• Your name and address;
• The name and address of the person or business you want to sue;
• The amount of money you are suing for, including all expenses; and a short statement of why you believe you are entitled to the money. Be sure to provide enough information so the person you are suing knows why he or she is being sued. Include the date when things important to your case may have happened.

Although the complaint may be filed by mail, it is advisable to submit it personally to the District Court. It will be easier for the clerk to tell you whether your complaint has been properly completed, and, if it is not, how it should be corrected. It will also be easier to determine precisely what fees you must pay. Keep in mind that if you succeed in the suit, the party you are suing (the defendant) will be required to pay you back for the cost of filing the suit. There will be an additional fee for service of the complaint to the defendant which will vary according to how it is served.

9. How is the other party notified?

Once you have filed a complaint, the clerk will schedule a hearing between 12 and 60 days from the time you file. The law requires that before the hearing, the other party must receive a copy of the complaint. This can be done in one of two ways:
• You can request that the complaint be sent by certified mail. The letter will be delivered to the defendant and the receipt will be returned to the district judge as proof that it was received; or
• The complaint can be delivered by the constable for an additional fee which can be recovered if you win the suit. Sometimes having the complaint personally served is more effective because a person may not be home or may refuse to accept a certified letter and a constable can make certain that the complaint is served.

10. Do I need to appear if the Defendant has not entered a defense?

No. If a defense is entered a new trial time and date will be set and notice sent to all parties. The original date is the time by which the other party must notify the District Court that they intend to enter a defense to the suit. If no defense is entered by that set date a default judgment will be awarded in your favor.

11. Can I get a continuance of the trial?

Continuances are permitted at the discretion of the judge. You can file a written request or motion justifying the need for a continuance that may be granted or denied. You will need to contact the other party to see if they are willing to agree to the continuance, which will enhance your ability to get the continuance.

12. What should I do before the trial?

You should gather all documents and papers relating to the suit. It is also a good idea to line up supportive witnesses to be present at the hearing.

13. What happens at the trial?

At the trial, those present will be the judge, you (the plaintiff), your witnesses, and your lawyer if you choose to have one, the defendant, defense witnesses, and possibly the defendant's lawyer. The courtroom will always be open to the public. The judge will explain the procedure to you. Do not be afraid to ask questions. During the trial, you will be given an opportunity to tell what happened that caused you to sue the defendant. Show any papers, bills, receipts, or letters you have to the judge. You will probably be asked questions by the other side, or by the judge. Then your witnesses will be allowed to tell what they know about the case. The defendant will be given the same opportunity. You and the defendant will be permitted to ask questions of any witness. The judge's decision will be made within five days of the trial and all parties are notified by mail.

14. What happens after the decision?

If you succeed, the other party may arrange to pay you in installments, lasting up to 12 months, as set by the district justice. However, the defendant has 30 days to appeal the decision to Common Pleas Court and you cannot collect your money until that time has passed. If there is an appeal, a Notice of Appeal is filed with the prothonotary in the county courthouse. Copies of the notice will be served on both you and the district judge who made the decision. The notice prevents you from collecting any money until the appeal is decided. If the district justice's decision is in favor of the defendant, you have the right to appeal in the same manner. Please note that any party filing an appeal must also file a Proof of Service of copies of his Notice of Appeal no later than 10 days after the appeal is filed. If appealed, the case will then be heard in Common Pleas Court. Since the procedure of this court is governed by more formal rules, the presence of an attorney is strongly advised.

15. How do I proceed if no appeal is filed?

If your suit was successful and after 30 days you still have not collected your money, ask the district judge to issue an Order of Execution. This involves filling out a form that the district judge gives to the sheriff or constable, who then attempts to collect the money owed to you. Any fees you pay will be charged to the other party when the money is collected. An execution order permits a sheriff or constable to levy on property, which means that property of the defendant can be sold to pay the debt. However, you should realize that it is difficult to collect payment from someone who has no property or money.

16. How can I locate an attorney?

Call the Pennsylvania Bar Association Lawyer Referral Service toll free at 800-692-7375 or 717-238-6807. The Cumberland County Bar Association number is 717-249-3166. Check your yellow pages under "attorneys" for more details.

17. How do I fill out a civil complaint?

The complaint is the document that you file with the magisterial district court to begin your civil action against person[s] or business[es]. You are listed as the PLAINTIFF and whom you are suing is listed as the DEFENDANT. You will need to know and include on the form the correct name and address of all DEFENDANT[s] so they may be properly given notice that a civil action has been filed against them. If notice is not properly served the case can proceed no further, until such time as you supply a valid name and address.
You will also need to know where to file your complaint and complete the claim, including the amount of monetary damages you are requesting as part of your claim. The clerks at the magisterial district court will complete the filing cost and docket number portions of the complaint. Please do not include the filing costs as part of your claim amount.

18. Where do you file?

The complaint must be filed with a magisterial district court that has venue over the claim. Venue is the geographic location where either a defendant can be served or where the cause of action occurred. For example, where the defendant lives or where the accident occurred. Landlord Tenant complaints are filed where the property is located.

19. What do you include in the claim?

The first line of the claim has a line for you to fill in the amount you are owed because of the actions of defendant. Amounts owed more than $8000.00 can not be filed with a magisterial district court. Your claim must be on the form, not on attached sheets, simply indicating why you are requesting a monetary award. For example, Defendant has not paid money owed you under a contract or Defendant’s vehicle struck your vehicle causing damages. Include the time, date, and or place of the contract or accident into claim where you know it.

20. Traffic and Non Traffic Citations

A summary offense is any minor crime, initially heard and decided by a district justice. Many violations of the Motor Vehicle Code, such as speeding, illegal parking and going through a red light, are summary offenses. However, driving under the influence of alcohol or drugs is not a summary offense, it is a misdemeanor, which is a more serious crime.

Non-traffic summary offenses include disorderly conduct, underage drinking, harassment, criminal mischief and first offense shoplifting.

21. How Are Summary Offenses Enforced?

Most summary crimes are enforced by a citation issued by a police officer to the person who is charged with committing the offense. Normally, the citation is handed to the person charged by a police officer who has observed the incident. If no officer was present, or if, for any valid reason, the officer decides not to issue the citation at the scene, a citation/ summons may be sent by mail.

In certain circumstances, a police officer may arrest someone, take him/her into custody and then before a magisterial district judge (formerly called a district justice). In that case, a hearing can be requested. The hearing may be held immediately or at a later time, for which the magisterial district judge may require security to guarantee that person’s appearance. A citation will still be prepared and given to that person.

22. What Is A Citation?

A citation contains a brief statement of the facts of the incident, how the law was violated, and a specific statement of the section of the law that is supposed to have been violated. It also contains instructions on what must be done to respond to the citation.

The instructions on the citation must be followed. Generally, if you receive a citation, you must within 10 days either plead guilty and pay the fine, or plead not guilty and request a hearing. If you fail to respond to the citation as instructed, you can be arrested and brought to court and, in cases involving traffic citations, your license may be suspended.

23. What If Some Of The Information In The Citation Is Wrong?

If the incorrect information is minor, such as a misspelled name, the wrong color or model year of a car, the mistakes will probably not invalidate the citation. If, however, the mistakes are major, such as listing the wrong section of the law claimed to have been violated, then the citation may be invalid if prejudice can be shown.

24. What If I Do Not Respond To A Citation?

If you do not answer a citation within 10 days, you can be arrested. This arrest is usually made by a local constable. When the constable appears with the arrest warrant, you can avoid arrest by 1) paying the amount of the fine plus an additional $7 and costs as security for your appearance at a hearing; or 2) pleading guilty and paying the fine and costs.

The constable will return the warrant and the security money to the magisterial district judge, who will then send out a notice of the date and time of the hearing to you and the police if a not-guilty plea has been made. If you do not pay the security money to the constable, you can be arrested and taken before the magisterial district judge.

25. What If I Request A Hearing?

When you request a hearing, the magisterial district judge will send notices to you and the police of the date and time of the hearing. You have the right to be represented by your own lawyer at the hearing, but you do not usually have the right to be represented by a public defender or a lawyer appointed at public expense if your conviction will only result in a fine.

At the hearing, the police officer and other witnesses for the prosecution will testify, then you or your attorney may ask questions of the police or others who testify against you. You can then produce your own witnesses and testify yourself if you wish to do so. The police or district attorney can question you or any of your witnesses. The police can then introduce any additional evidence to contradict or disprove what you or your witnesses said. Finally, each side is given the opportunity to make any concluding statements or arguments to the magisterial district judge.

The magisterial district judge will then decide the case. If you are found not guilty, all security you posted will be returned to you. If you are found guilty, the security will go toward paying the amount of the fine and costs.

26. What If I Fail To Appear At The Hearing?

Once you have requested a hearing, it will be held whether you are there or not, unless a continuance has been allowed by the magisterial district judge. If, in your absence, you are found guilty, the security money will go toward paying the fine and costs. If the security is not enough to cover the total amount, you will be ordered to pay an additional amount. If you are found not guilty, the security money will be returned to you.

27. Can I Appeal?

If you are found guilty of or plead guilty to a summary offense, you can appeal to the common pleas court in the county where the magisterial district judge is located.

You must appeal within 30 days of the guilty finding or plea of guilt by filing a form obtained from the Clerk of Courts (Summary Appeal form and instructions - provided by the Clerk of Courts). When the case is tried in common pleas court, you will have a completely new trial.

The police generally do not have the right to appeal if you are found not guilty by the magisterial district judge.

28. For More Information

Some information about handling summary charges can be obtained from the office of the magisterial district judge where the citation is filed. The citation will include the name and address of the magisterial district judge. That office, however, cannot provide legal advice concerning the case.

If you want further advice about handling a summary charge, you should contact a lawyer. The immediate aid of a lawyer is advisable whenever a person is charged with a traffic summary offense. A conviction may result in the assignment of points or a suspension/ revocation of a driver’s license. A conviction on a driver’s record may also affect a driver’s insurance rates. The aid of an attorney is also warranted in many cases involving non-traffic summary offenses.

This material has been developed to inform and not to advise. The District Court and its staff are NOT permitted to give legal advice, so please do not ask. It is based on Pennsylvania law. The statements are general. IF IN DOUBT CONSULT WITH AN ATTORNEY.