Pennsylvania Code
Title 246 - MINOR COURT CIVIL RULES
Part I - GENERAL
Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY
Rule 504 - Setting the Date for Hearing; Delivery for Service; Notice to Tenant or Occupant
Current through Register Vol. 54, No. 38, September 21, 2024
The magisterial district judge, at the time the complaint is filed, shall:
(a) Set a hearing date that shall be not less than seven or more than fifteen days from the date the complaint is filed.
(b) Insert the hearing time and date and the address of the magisterial district judge's magisterial district in the complaint form.
(c) Deliver a copy of the complaint form with hearing time and date thereon to the landlord or the landlord's agent.
(d) Deliver a copy of the complaint form with hearing time and date thereon for service as hereinafter set forth, which copy shall contain the following notice:
Notice to Tenant or Occupant
TO THE TENANT: You have been sued in court. You may appear at the hearing and defend against the claims set forth in the complaint. 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.
Failure to appear at the scheduled hearing may result in a judgment entered against you for possession and costs, as well as damages and rent if claimed. A judgment against you for possession may result in your eviction from the premises.
If you have a claim against the landlord arising out of the occupancy of the premises, which 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 before the time set for the hearing.
TO AN OCCUPANT: If you are an occupant of the premises, you may be evicted if you take no action upon receipt of this complaint, even if you are not named in the complaint. You may be able to be added to the case and defend your interests in remaining at the premises by:
***
If you need information about hiring a lawyer to represent you in this matter, contact either your county bar association or legal services agency.
Comment:
The hearing date in subdivision (a)is required to be set not less than seven days from the filing of the complaint because of the requirement in Pa.R.Civ.P.M.D.J. 506(b) that service be made at least five days before the hearing. It was thought that the requirement that the hearing be held not more than 15 days from the filing of the complaint should provide ample time to make the type of service required in these cases.
The notice for the tenant set forth in subdivision (d) varies somewhat from the notice required in civil actions under Pa.R.Civ.P.M.D.J. 305. There are a number of reasons for this. First, there can be no default judgment in these possessory actions and, secondly, it was thought that cross-complaints of tenants in these cases should be limited to those arising out of the occupancy of the premises. The notice in subdivision (d) is also intended for occupants of the property who are not named in the complaint.
