Rule 501. Definitions

[A.] As used in this chapter[,]:

(1) [“action”] “Action” means an action by a landlord against a tenant for the 

recovery of possession of real property brought before a magisterial district judge.

(2) [As used in this chapter, “complaint”] “Complaint” shall include, where 

applicable, the attached and completed Recovery of Real Property Hearing Notice form.

(3) “Victim of domestic violence” means a person who has obtained a 

protection from abuse order against another individual or can provide other 

evidence of abuse.

Official Note: Distress for rent will not be covered in rules of civil procedure for 

magisterial district judges, for it is not an action or proceeding before a magisterial district 

judge and any constable carrying out the “landlord's warrant” is acting as an agent of the 

landlord and not as an officer serving process of a magisterial district judge. [See §] See

Section 302 of the Landlord and Tenant Act of 1951, 68 P.S. § 250.302. Actions for rent 

(§ 301 of the Act, 68 P.S. § 250.301) and to defalcate (§ 307 of the Act, 68 P.S. § 250.307) 

are not included in this chapter, for these are actions of assumpsit. [See also] See also

§ 572 of the Act, added by Act of May 3, 1968, P.L. 107, No. 56, § 1, 68 P.S. § 250.512. 

A number of trespass actions are also detailed in the Landlord and Tenant Act of 1951 

([see] see §§ 311-313, 68 P.S. §§ 250.311-250.313), and these would be brought under 

the rules pertaining to trespass actions. Consequently, this chapter will be concerned only 

with the action for the recovery of possession of real property. [But see] But see Rules 

503C(8) and 508 as to joinder of actions and cross-complaints.

The definition of a victim of domestic violence is derived from 68 P.S. § 

250.513.
2

Rule 514. Judgment; Notice of Judgment or Dismissal and the Right to Appeal

A. If it appears at the hearing that the complaint has been proven, the 

magisterial district judge shall enter judgment against the tenant that the real property be 

delivered up to the landlord and shall enter judgment by separate entries:

(1) for the amount of rent, if any, which remains due,

(2) for the amount of damages, if any, for unjust detention,

(3) for the physical damages, if any, to the leasehold premises, and

(4) for the costs of the proceeding;

less any amount found due the tenant on any cross-complaint filed by the tenant.

In addition, the magisterial district judge shall make an entry identifying the sum of 

money found by the magisterial district judge to constitute the monthly rental for the 

leasehold premises.

B. A money judgment may be rendered for the tenant on a cross-complaint 

filed by the tenant if the amount found due thereon exceeds any amount found due the 

landlord on the landlord's complaint.

C. (1) Judgment shall be given at the conclusion of the hearing or within 

three days thereafter.

(2) Upon the entry of the judgment, the magisterial district court shall 

promptly give or mail to the parties written notice of judgment or dismissal.

D. The written notice of judgment or dismissal shall contain:

(1) notice of the right of the parties to appeal, the time within which the 

appeal must be taken, and that the appeal is to the court of common pleas[,];

(2) notice that a tenant in a residential lease action who is a victim 

of domestic violence may appeal the judgment within 30 days of the date of entry 

of judgment, as well as filing instructions for asserting such an appeal; 

(3) notice that, except as otherwise provided in the rules, if the judgment 

holder elects to enter the judgment in the court of common pleas, all further process must 

come from the court of common pleas and no further process may be issued by the 

magisterial district judge[,]; and
3

[(3)](4) notice that unless the judgment is entered in the court of common 

pleas anyone interested in the judgment may file a request for entry of satisfaction with 

the magisterial district judge if the debtor pays in full, settles, or otherwise complies with 

the judgment.

Official Note: Subdivision A of this rule requires that the landlord appear and give 

testimony to prove the complaint before the magisterial district judge can enter judgment 

against the tenant, even when the tenant fails to appear for the hearing. The magisterial 

district judge shall not enter a default judgment in a possessory action, including a 

judgment for money only. See Rule 512A and Note. The various issues that the 

magisterial district judge must determine at the hearing include: whether notice to quit 

was given to the tenant in accordance with law or that no notice was required under the 

terms of the lease; the amount or rent due, if any; damages to the leasehold premises, if 

any; the amount found to constitute the monthly rental; and, the amount of the security 

deposit held by the landlord, if any.

As to the notice to quit requirement, see Section 501 of the Landlord and Tenant 

Act of 1951, 68 P.S. § 250.501. See also Patrycia Bros., Inc. v. McKeefrey, 38 Pa. D. & 

C.2d 149 (Delaware County C.P. 1966).

The separate entries provided in subdivision A are made necessary as a result of 

the rental deposit provisions for appeal or certiorari contained in Rules 1008B and 1013B, 

as well as the wage attachment provisions contained in Section 8127 of the Judicial Code, 

42 Pa.C.S. § 8127.

Subdivision B of this rule makes provision for a money judgment for the tenant if 

the tenant prevails in a greater amount on the tenant's cross-complaint.

[For procedure for entry of satisfaction of money judgments, see Rule 341.]

Subdivision D of this rule provides for certain notices the magisterial district 

court shall include in the written notice of judgment or dismissal. 

Subdivision D(2) reflects that the appeal period for a victim of domestic 

violence in a case arising out of a residential lease is 30 days. See Rule 1002B(2); 

see also 68 P.S. § 250.513. A tenant who is a victim of domestic violence may file 

a domestic violence affidavit with the magisterial district court to stay the 

execution of an order for possession until 30 days after the date of entry of the 

judgment, the filing of an appeal with the court of common pleas pursuant to Rule 

1002, or by order of the court of common pleas, whichever is earlier. See Rule 

514.1.
4

As to subdivision D[(2)](3), see Rule 402D and Note. As to subdivision D[(3)](4), 

see Rule 341. 
5

[This is an entirely new Rule.]

Rule 514.1. Domestic Violence Affidavit

A. A tenant in a residential lease action who is a victim of domestic violence 

may file a domestic violence affidavit with the magisterial district court in order to stay the 

execution of an order for possession.

B. The domestic violence affidavit shall be on a form prescribed by the State 

Court Administrator and shall require the tenant to affirm that he or she is a victim of 

domestic violence.

C. The filing of the domestic violence affidavit with the magisterial district court 

shall stay the execution of an order for possession. The stay will terminate as of the filing 

of an appeal with the prothonotary pursuant to Rule 1002, 30 days after the date of entry 

of the judgment, or by order of the court of common pleas, whichever is earlier.

D. The magisterial district court shall enter the domestic violence affidavit on 

the docket of the residential lease action.

E. The magisterial district court shall serve a copy of the domestic violence 

affidavit on the landlord by mailing it to the landlord at the address as listed on the 

complaint form filed in the magisterial district court or as otherwise appearing in the 

records of that office, or the attorney of record, if any, of the landlord. 

F. The tenant shall attach a copy of the domestic violence affidavit to an appeal 

filing made pursuant to Rule 1002. 

G. The domestic violence affidavit is not a public record and it shall not be 

publically accessible.

Official Note: The appeal period for a victim of domestic violence in a case arising 

out of a residential lease is 30 days. See Rule 1002B(2); see also 68 P.S. § 250.513. A 

tenant who is a victim of domestic violence may file a domestic violence affidavit with the 

magisterial district court to prevent the execution of an order for possession prior to filing 

an appeal. The filing of the affidavit will prohibit the execution of an order for possession 

until after the 30th day following the date of entry of judgment, giving the tenant time to 

make the necessary appeal filing with the prothonotary pursuant to Rule 1002. If the 

tenant does not file a domestic violence affidavit with the magisterial district court within 

21 days following the date of entry of judgment, the tenant is at risk of eviction. 

The domestic violence affidavit set forth in subdivision B shall contain the name of 

the tenant who is a victim of domestic violence, the name of the perpetrator, the 
6

perpetrator’s relationship to the tenant who is a victim of domestic violence, and the 

docket number for any protection from abuse case involving the tenant who is a victim of 

domestic violence and the perpetrator. The affidavit shall contain the tenant’s verification 

that the statements made in the affidavit are true and correct to the best of the tenant’s 

knowledge, information and belief, and that any false statements are made subject to the 

penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. 

No posting of money or bond is required to obtain a stay with the filing of a domestic 

violence affidavit. However, upon the filing of an appeal pursuant to Rule 1002, the stay 

is lifted, and the supersedeas requirements of Rule 1008 shall apply.

If the landlord wishes to challenge the affidavit of domestic violence, the landlord

shall only do so by filing an appropriate motion in the court of common pleas. No action 

challenging the domestic violence affidavit on any grounds shall be filed in the magisterial 

district court. 

This rule establishes that the domestic violence affidavit is not a public record and 

shall not be publically accessible. See Case Records Public Access Policy of the Unified 

Judicial System of Pennsylvania, Section 9.0F.
7

Rule 515. Request for Order for Possession

A. If the magisterial district judge has rendered a judgment arising out of a nonresidential 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.

Official Note: The 15 days in subdivision A of this rule, when added to the 16-day 

period provided for in Rule 519A, will give the tenant time to obtain a supersedeas within 

the appeal period. See Rules 1002, 1008, 1009, and 1013.

The 1995 amendment to Section 513 of The Landlord and Tenant Act of 1951, 68 

P.S. § 250.513, established a 10-day appeal period from a judgment for possession of 

real estate arising out of a residential lease[;]. See also Rule 1002B(1). Rule 

1002B(2)(a) provides for a 30-day appeal period for tenants who are victims of 

domestic violence.[ therefore,] In most cases, the filing of the request for an order for 

possession in subdivision B(1) is not permitted until after the appeal period has expired. 

In cases arising out of a residential lease, the request for an order for possession 

generally must be filed within 120 days of the date of the entry of the judgment. 
8

If the tenant is a victim of domestic violence, he or she may file a domestic 

violence affidavit to stay the execution of the order for possession until the tenant 

files an appeal with the prothonotary pursuant to Rule 1002, 30 days after the date 

of entry of the judgment, or by order of the court of common pleas, whichever is 

earlier. See Rule 514.1C. No posting of money or bond is required to obtain a stay 

with the filing of a domestic violence affidavit; however, upon the filing of an appeal 

pursuant to Rule 1002, the stay is lifted, and the supersedeas requirements of Rule 

1008 shall apply. 

The magisterial district court shall enter stays in compliance with federal or state 

law, such as the Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901 et seq.

Subdivision B(2) provides that in a case arising out of a residential lease, if a 

supersedeas (resulting from an appeal or writ of certiorari) or bankruptcy or other stay is 

stricken, dismissed, lifted, or otherwise terminated, thus allowing the landlord to proceed 

with requesting an order for possession, the request may be filed only within 120 days of 

the date the supersedeas or the bankruptcy or other stay is stricken, dismissed, lifted, or 

otherwise terminated.

In many judicial districts, appeals of magisterial district court judgments are 

submitted to compulsory arbitration pursuant to Pa.R.C.P. Nos. 1301–1314. If, after the 

arbitration, the prothonotary enters an award for possession on the docket in favor of the 

landlord and the tenant fails to maintain the supersedeas required by Rule 1008 prior to 

the prothonotary entering judgment on the award, then the landlord may terminate the 

supersedeas pursuant to Rule 1008B and request an order of possession from the 

magisterial district judge pursuant to Rule 515. If the prothonotary enters an award on the 

docket in favor of the tenant and the tenant fails to maintain the supersedeas prior to the 

prothonotary entering judgment on the award, the landlord may not obtain an order of 

possession between the time that the prothonotary enters the arbitration award on the 

docket and the time that the landlord files a notice of appeal. 

The time limits in which the landlord must request an order for possession imposed 

in subdivision B apply only in cases arising out of residential leases and in no way affect 

the landlord’s ability to execute on the money judgment. See Rule 516, Note, and Rule 

521A.

At the time the landlord files the request for an order for possession, the magisterial 

district court should collect server fees for all actions through delivery of possession. 

Thereafter, if the order for possession is satisfied 48 hours or more prior to a scheduled 

delivery of possession, a portion of the server costs may be refundable. See Rules 516 

through 520 and 44 Pa.C.S. § 7161(d).
9

Rule 516. Issuance and Reissuance of Order for Possession

A. Upon the timely filing of the request form, the magisterial district judge shall 

issue the order for possession and shall deliver it for service and execution to the sheriff 

of, or any certified constable in, the county in which the office of the magisterial district 

judge is situated. If this service is not available to the magisterial district judge, service 

may be made by any certified constable of the Commonwealth. The order shall direct the 

officer executing it to deliver actual possession of the real property to the landlord. The 

magisterial district judge shall attach a copy of the request form to the order for 

possession.

B. (1) Except as otherwise provided in subdivision C, upon written request 

of the landlord the magisterial district judge shall reissue an order for possession for one 

additional 60-day period.

(2) If an order for possession is issued and subsequently superseded by 

an appeal, writ of certiorari, supersedeas, or a stay pursuant to a bankruptcy proceeding 

or other federal or state law or Rule 514.1C, and

(a) the appeal, writ of certiorari, or supersedeas is stricken, 

dismissed, or otherwise terminated; or

(b) the bankruptcy or other stay is lifted; and

(c) the landlord wishes to proceed with the order for possession,

the landlord must file with the magisterial district judge a written request for reissuance of 

the order for possession in accordance with subdivision B(1).

C. In a case arising out of a residential lease, a request for reissuance of an 

order for possession may be filed only within 120 days of the date of the entry of the 

judgment or, in a case in which the order for possession is issued and subsequently 

superseded by an appeal, writ of certiorari, supersedeas, or a stay pursuant to a 

bankruptcy proceeding or other federal or state law or Rule 514.1C, only within 120 days 

of the date the appeal, writ of certiorari, or supersedeas is stricken, dismissed, or 

otherwise terminated or the bankruptcy or other stay is lifted.

D. A written request for reissuance of the order for possession filed after an 

appeal, writ of certiorari, or supersedeas is stricken, dismissed, or otherwise terminated, 

or a bankruptcy or other stay is lifted, must be accompanied by a copy of the court order 

or other documentation striking, dismissing, or terminating the appeal, writ of certiorari, or 

supersedeas, or lifting the bankruptcy or other stay.
10

Official Note: The order for possession deals only with delivery of possession of 

real property and not with a levy for money damages. A landlord who seeks execution of 

the money judgment part of the judgment must proceed under Rule 521A, using the forms 

and procedure there prescribed. The reason for making this distinction is that the printed 

notice requirements on the two forms, and the procedures involved in the two matters, 

differ widely.

Subdivision B provides for reissuance of the order for possession for one additional 

60-day period. However, pursuant to subdivision C, in cases arising out of a residential 

lease, the request for reissuance of the order for possession must be filed within 120 days 

of the date of the entry of the judgment or, in a case in which the order for possession is 

issued and subsequently superseded by an appeal, writ of certiorari, supersedeas or a 

stay pursuant to a bankruptcy proceeding or other federal or state law or Rule 514.1C, 

only within 120 days of the date the appeal, writ of certiorari, or supersedeas is stricken, 

dismissed, or otherwise terminated, or the bankruptcy or other stay is lifted. The 

additional 60-day period need not necessarily immediately follow the original 60-day 

period of issuance. The written request for reissuance may be in any form and may 

consist of a notation on the permanent copy of the request for order for possession form, 

“Reissuance of order for possession requested,” subscribed by the landlord. The 

magisterial district judge shall mark all copies of the reissued order for possession, 

“Reissued. Request for reissuance filed .......... (time and date).” A new form may be used 

upon reissuance, those portions retained from the original being exact copies although 

signatures may be typed or printed with the mark “/s/.” There are no filing costs for

reissuing an order for possession, for the reissuance is merely a continuation of the 

original proceeding. However, there may be additional server costs for service of the 

reissued order for possession.

The magisterial district court shall enter stays in compliance with federal or state 

law, such as the Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901 et seq.

In many judicial districts, appeals of magisterial district court judgments are 

submitted to compulsory arbitration pursuant to Pa.R.C.P. Nos. 1301–1314. If, after the 

arbitration, the prothonotary enters an award for possession on the docket in favor of the 

landlord and the tenant fails to maintain the supersedeas required by Rule 1008 prior to 

the prothonotary entering judgment on the award, then the landlord may terminate the 

supersedeas pursuant to Rule 1008B and request an order of possession from the 

magisterial district judge pursuant to Rule 515. If the prothonotary enters an award on the 

docket in favor of the tenant and the tenant fails to maintain the supersedeas prior to the 

prothonotary entering judgment on the award, the landlord may not obtain an order of 

possession between the time that the prothonotary enters the arbitration award on the 

docket and the time that the landlord files a notice of appeal. 
11

The time limits in which the landlord must request reissuance of an order for 

possession imposed in subdivision C apply only in cases arising out of residential leases 

and in no way affect the landlord’s ability to execute on the money judgment. See Rule 

521A.
12

Rule 1001. Definitions

As used in this chapter:

[(1) “Judgment” means a judgment rendered by a magisterial district judge under 

Rule 319, 322 or 514.

(2) “Appeal” means an appeal from a judgment to the court of common pleas.

 

(3) “Certiorari” means an examination by the court of common pleas of the record 

of proceedings before a magisterial district judge to determine questions raised 

under Rule 1009A.

(4) “Supersedeas” means a prohibition against any further execution processes on 

the judgment affected thereby. 

(5) “Court of common pleas” means the court of common pleas of the judicial 

district in which is located the magisterial district wherein the questioned action of 

the magisterial district judge took place.

(6) “Claimant” includes a defendant with respect to a defendant's cross-complaint 

or supplementary action filed pursuant to Rule 342 in the action before the 

magisterial district judge.

(7) “Defendant” includes a plaintiff with respect to the defendant's cross-complaint 

or supplementary action filed pursuant to Rule 342 in the action before the 

magisterial district judge.]

(1) “Appeal” means an appeal from a judgment to the court of common 

pleas.

(2) “Certiorari” means an examination by the court of common pleas of the 

record of proceedings before a magisterial district judge to determine questions 

raised under Rule 1009A.

(3) “Claimant” includes a defendant with respect to a defendant's crosscomplaint or supplementary action filed pursuant to Rule 342 in the action before 

the magisterial district judge.

(4) “Court of common pleas” means the court of common pleas of the 

judicial district in which is located the magisterial district wherein the questioned 

action of the magisterial district judge took place.
13

(5) “Defendant” includes a plaintiff with respect to the defendant's crosscomplaint or supplementary action filed pursuant to Rule 342 in the action before 

the magisterial district judge.

(6) “Judgment” means a judgment rendered by a magisterial district judge 

under Rules 319, 322, or 514.

(7) “Proof of service” means a verified written statement that service was 

made by personal service or by certified or registered mail, with the sender's 

receipt for certified or registered mail attached thereto if service was made by mail.

(8) Service “by certified or registered mail” means the mailing of properly 

addressed certified or registered mail.

(9) “Supersedeas” means a prohibition against any further execution 

processes on the judgment affected thereby. 

(10) “Victim of domestic violence” means a person who has obtained a 

protection from abuse order against another individual or can provide other 

evidence of abuse.

Official Note: Although one of the purposes of the definitions in this rule is to avoid 

needless repetition throughout these appellate rules, some of the definitions are intended 

to state or clarify the law as well.

In connection with the definition of “appeal” in subdivision [(2)](1), [see also] see 

also Rule 1007 and the [n]Note thereto.

Under subdivision [(3)](2), [certiorari] certiorari is restricted to an examination of 

the record of the proceedings before the magisterial district judge, which will appear on 

the complaint forms prescribed by the State Court Administrator. [See] See Flaherty v. 

Atkins, [189 Pa.Super. 550,] 152 A.2d 280 (Pa. Super. 1959). This is a narrow form of 

[certiorari] certiorari, both with respect to procedure and the matters which can be 

considered under Rule 1009A. Since an aggrieved party will be entitled to a broad form 

of appeal [de novo] de novo under these rules, there seems to be no justification for 

providing also for a broad form of [certiorari] certiorari. These restrictions on the writ of 

[certiorari] certiorari are authorized by § 26 of the Schedule to Article V of the 1968 

Constitution. The writ of error, which at common law was probably available only to 

review the proceedings of a court of record ([see] see Beale v. Dougherty, 3 Binn. 432 

(1811)), is not a form of appellate process permitted by these rules. [See also] See also

County of Carbon v. Leibensperger, [439 Pa. 138,] 266 A.2d 632 (Pa. 1970) (court of 

common pleas cannot issue writ of prohibition).
14

[The definition of “supersedeas” in subdivision (4) points out the proper 

office and limited nature of a supersedeas. See also Rules 1008 and 1013 and the 

notes thereto.]

Under subdivision [(9)](7), there is no requirement that the sender's receipt for 

certified mail be postmarked. There is no return receipt requirement for certified or 

registered mail. It is no longer necessary that the proof of service be under oath or 

affirmation; however, the statement is now made subject to the penalties of 18 Pa.C.S. § 

4904 relating to unsworn falsification to authorities.

The definition of “supersedeas” in subdivision (9) points out the limited 

nature of a supersedeas. See also Rules 1008 and 1013 and the Notes thereto.

Under subdivision (10), the definition of a victim of domestic violence is 

derived from 68 P.S. § 250.513.
15

Rule 1002. Time and Method of Appeal

A. A party aggrieved by a judgment for money, or a judgment affecting the 

delivery of possession of real property arising out of a nonresidential lease, may appeal 

[therefrom] the judgment within [thirty (30)] 30 days after the date of the entry of the 

judgment by filing with the prothonotary of the court of common pleas a notice of appeal 

on a form [which] that shall be prescribed by the State Court Administrator together with 

a copy of the Notice of Judgment issued by the magisterial district judge. The prothonotary 

shall not accept an appeal from an aggrieved party [which] that is presented for filing 

more than [thirty (30)] 30 days after the date of entry of the judgment without leave of 

court and upon good cause shown. 

B. (1) Except as otherwise provided in subdivision B(2), [A]a party 

aggrieved by a judgment for the delivery of possession of real property arising out of a 

residential lease may appeal [therefrom] the judgment within [ten (10)] 10 days after 

the date of the entry of judgment by filing with the prothonotary of the court of common 

pleas a notice of appeal on a form [which] that shall be prescribed by the State Court 

Administrator, together with a copy of the Notice of Judgment issued by the magisterial 

district judge. The prothonotary shall not accept an appeal from an aggrieved party 

[which] that is presented for filing more than [ten (10)] 10 days after the date of entry of 

judgment without leave of court and upon good cause shown.

(2) (a) A tenant who is aggrieved by a judgment for the delivery 

of possession of real property arising out of a residential lease, and who is a victim 

of domestic violence, may appeal the judgment within 30 days after the date of the 

entry of judgment by filing with the prothonotary of the court of common pleas a 

notice of appeal on a form that shall be prescribed by the State Court Administrator, 

together with a copy of the Notice of Judgment issued by the magisterial district 

judge, and a domestic violence affidavit.

(b) The domestic violence affidavit shall be on a form 

prescribed by the State Court Administrator, and affirm that the tenant is a victim 

of domestic violence.

(c) The domestic violence affidavit shall contain the name of 

the tenant who is a victim of domestic violence, the name of the perpetrator, the 

perpetrator’s relationship to the tenant who is a victim of domestic violence, and 

the docket number for any protection from abuse case involving the tenant who is 

a victim of domestic violence and the perpetrator, as well as a verification by the 

tenant.

(d) The domestic violence affidavit is not a public record and 

shall not be publically accessible. 
16

Official Note: The [thirty day] 30-day limitation in subdivision A of this rule is the 

same as that found in the Judicial Code § 5571(b), 42 Pa.C.S. § 5571(b), as amended by 

[§] Section 10(67) of the Judiciary Act Repealer Act, Act of April 28, 1978, P. L. 202, No. 

53. The [ten day] 10-day limitation in subdivision B(1) of this rule, as well as the 30-day 

limitation in subdivision B(2), is designed to implement the time for appeal set forth in 

[§] Section 513 of the Landlord and Tenant Act of 1951 (Act No. 1995-33, approved July 

6, 1995) (Act No. 1995-33 was suspended by the Pa. Supreme Court on March 28, 1996 

by Order of Court insofar as the Act is inconsistent with Rules of Civil Procedure 

Governing Actions and Proceedings Before Magisterial District Judges, as adopted by 

that Order.) [The two subdivisions of t]This rule [are] is intended to clarify the appeal 

timelines for different types of cases. When an appeal is taken from any judgment 

for money, or a judgment affecting a nonresidential lease, under these rules, the 

30-day period of time for appeal applies. [that where] When the right of possession 

of residential real estate is at issue, and the tenant is not a victim of domestic 

violence, the shorter, [ten day] 10-day period for appeal applies[;]. When an appeal is 

taken from a judgment affecting a residential lease and the tenant is a victim of 

domestic violence, the 30-day appeal period applies. [where the appeal is taken 

from any judgment for money, or a judgment affecting a nonresidential lease, under 

these rules, the thirty day period of time for appeal applies.] A party may appeal the 

money portion of a judgment only within the [thirty day] 30-day appeal period specified 

in [subsection] subdivision A of this rule. It is the intent of this rule that no 

[supersedeas] supersedeas under [Pa.R.C.P.M.D.J. No.] Rule 1008 shall be issued by 

the [P]prothonotary after the [ten (10) day] 10-day period for filing an appeal, unless a 

tenant who is a victim of domestic violence files a domestic violence affidavit with 

the magisterial court within 30 days of the date of entry of judgment or by order of 

court. 

The method of appeal is by filing with the prothonotary a ‘‘notice of appeal’’ on a 

form to be prescribed by the State Court Administrator. Copies of this same form will be 

used for service under Pa.R.C.P.M.D.J. No. 1005. This permits use of the same form for 

filing and service. No useful purpose would be served by having two forms, one called 

an ‘‘appeal’’ for filing and another called a ‘‘notice of appeal’’ for service. 

The domestic violence affidavit set forth in subdivision B(2) shall be on a 

form prescribed by the State Court Administrator. The domestic violence affidavit 

shall contain the name of the tenant who is a victim of domestic violence, the name 

of the perpetrator, the perpetrator’s relationship to the tenant who is a victim of 

domestic violence, and the docket number for any protection from abuse case 

involving the tenant who is a victim of domestic violence and the perpetrator. The 

affidavit shall contain the tenant’s verification that the statements made in the 

affidavit are true and correct to the best of the tenant’s knowledge, information, 

and belief, and that any false statements are made subject to the penalties of 18 
17

Pa.C.S. § 4904, relating to unsworn falsification to authorities. If the tenant filed 

the domestic violence affidavit with the magisterial district court prior to filing the 

appeal, the tenant shall attach a copy of the previously filed affidavit to the appeal 

rather than filing a new affidavit. The landlord shall only challenge the domestic 

violence affidavit by filing an appropriate motion in the court of common pleas. No 

action challenging the domestic violence affidavit on any grounds shall be filed in 

the magisterial district court. See Pa.R.C.P.M.D.J. No. 514.1. 

The domestic violence affidavit is not a public record and it shall not be 

publically accessible. See Case Records Public Access Policy of the Unified 

Judicial System of Pennsylvania, Section 9.0F.

The 1990 amendment is intended to encourage the complete utilization of the 

hearing process available before the magisterial district judge. 

A copy of the Notice of Judgment must be filed since it will contain the separate 

entries required by Pa.R.C.P.M.D.J. No. 514[.]A and will be needed by the 

[P]prothonotary.

 

 
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Rule 1005. Service of Notice of Appeal and Other Papers.

A. The appellant shall by personal service or by certified or registered mail 

serve a copy of [his] the notice of appeal upon the appellee and upon the magisterial 

district judge in whose office the judgment was rendered. If required by Rule 1004B to 

request a rule upon the appellee to file a complaint, [he] the appellant shall also serve 

the rule by personal service or by certified or registered mail upon the appellee. The 

address of the appellee for the purpose of service shall be [his]the address as listed on 

the complaint form filed in the office of the magisterial district judge or as otherwise 

appearing in the records of that office. If the appellee has an attorney of record named in 

the complaint form filed in the office of the magisterial district judge, the service upon the 

appellee may be made upon the attorney of record instead of upon the appellee

personally. 

B. The appellant shall file with the prothonotary proof of service of copies of 

[his] the notice of appeal, and proof of service of a rule upon the appellee to file a 

complaint if required to request such a rule by Rule 1004B, within [ten (10)] 10 days after 

filing the notice of appeal. 

C. In lieu of service and proof of service pursuant to [paragraphs] 

subdivisions A[.] and B[.] of this Rule, the court of common pleas may, by local rule, 

permit or require that the appellant file with the notice of appeal a stamped envelope preaddressed to the appellee at [his] the address as listed on the complaint form filed in the 

office of the magisterial district judge or as otherwise appearing in the records of that 

office, or the attorney of record, if any, of the appellee, and a stamped envelope preaddressed to the magisterial district judge in whose office the judgment was rendered. 

Copies of the notice of appeal, and Rule pursuant to 1004B, if applicable, shall thereupon 

be mailed by the prothonotary or court by first class mail, with such service and any return 

being noted on the court’s docket. 

D. The party filing a complaint under Rule 1004 shall forthwith serve it upon 

the opposite party in the appeal by leaving a copy for or mailing a copy to [him at his] 

the address as shown in the magisterial district court records mentioned in subdivision A 

of this rule. If the opposite party has an attorney of record either in the magisterial district 

court or court of common pleas proceeding, service upon the opposite party may be made 

upon the attorney of record instead of upon the opposite party personally. 

E. Service and proof of service may be made by attorney or other agent.

Official Note: Subdivision A requires service of a copy of the notice of appeal upon 

the magisterial district judge as well as upon the appellee, or [his] the appellee’s attorney 

of record. The notice of appeal includes all documents filed with the prothonotary, 

including a domestic violence affidavit, if applicable. This copy, when received by the 
19

magisterial district judge, may operate as a [supersedeas] supersedeas under Rule 

1008. As to subdivision B, there is no return receipt requirement for service by certified 

or registered mail and consequently no such receipt need be filed with the prothonotary, 

although if service is by certified or registered mail the sender’s receipt must be attached

to the proof of service. [See] See Rule 1001[(9)](7) and the [last] fourth paragraph of 

the [n]Note to Rule 1001. The notice of appeal and the proof of service may be filed 

simultaneously. [See also] See also Rule 1006 and its [n]Note. Subdivision C prescribes 

a pleading type service of the complaint, which may be made by ordinary mail, upon the 

opposite party in the appeal or [his] the party’s attorney of record.