Pennsylvania Code
Title 246 - MINOR COURT CIVIL RULES
Part I - GENERAL
Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY
Rule 515 - Request for Order for Possession
Universal Citation: 246 PA Code ยง 515
Current through Register Vol. 54, No. 38, September 21, 2024
A. If the magisterial district judge has rendered a judgment arising out of a non-residential lease that the real property be delivered up to the landlord, the landlord may, after the 15th day following the date of the entry of the judgment, file with the magisterial district judge a request for an order for possession. The request shall include a statement of the judgment amount, return, and all other matters required by these rules.
B.
(1) Except as otherwise provided in
subdivision B(2), if the magisterial district judge has rendered a judgment
arising out of a residential lease that the real property be delivered up to
the landlord, the landlord may after the 10th day but within 120 days following
the date of the entry of the judgment, file with the magisterial district judge
a request for an order for possession. The request shall include a statement of
the judgment amount, return, and all other matters required by these
rules.
(2) In a case arising out of
a residential lease, if before the landlord requests an order for possession,
(a) an appeal or writ of
certiorari operates as a supersedeas;
or
(b) proceedings in the matter
are stayed pursuant to a bankruptcy proceeding or other federal or state law;
and
(c) the
supersedeas or the bankruptcy or other stay is subsequently
stricken, dismissed, lifted, or otherwise terminated so as to allow the
landlord to proceed to request an order for possession,
the landlord may request an order for possession only within 120 days of the date the supersedeas or the bankruptcy or other stay is stricken, dismissed, lifted, or otherwise terminated.
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