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. 28, July 13, 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:
(1) filing an intervention request at this office
				any time before the hearing on the complaint; and
(2) proving at the hearing that you are a tenant of the landlord.
See
Pa.R.Civ.P.M.D.J. 513.1. If you have a claim against the
				landlord arising out of the occupancy of the premises and that is within the
				jurisdiction of the magisterial district judge, you must file it on a complaint form
				at the same time as the intervention request. If you are added to the case as a
				tenant, you may be liable for any judgment entered in favor of the landlord,
				including property damage, back rent, court costs, and fees.
***
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.