Section 504. Setting the Date for Hearing; Delivery for Service

The magisterial district judge, at the time the complaint is filed, shall:

(1) Set a hearing date which shall be not less than seven (7) or more than fifteen (15) days from the date the complaint is filed.

(2) Insert the hearing time and date and the address of the magisterial district judge’s magisterial district in the complaint form.

(3) Deliver a copy of the complaint form with hearing time and date thereon to the plaintiff or the plaintiff’s agent.

(4) 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:

(a) If you have a defense to this complaint, you may present it at the hearing.

(b) If you have a claim against the plaintiff arising out of the occupancy of the premises, which is within magisterial district court jurisdiction and which 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.

(c) IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and for damages and rent if claimed, may nevertheless be entered against you. A judgment against you for possession may result in YOUR EVICTION from the premises.

Official Note

The hearing date in subdivision (1) of this rule is required to be set not less than seven days from the filing of the complaint because of the requirement in Rule 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 fifteen 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 defendant set forth in subdivision (4) of this rule varies somewhat from the notice required in civil actions under Rule 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 defendants in these cases should be limited to those arising out of the occupancy of the premises.

The provisions of this Rule 504 amended October 17, 1975, effective in 90 days; amended June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266; amended March 28, 1996, effective March 29, 1996, 26 Pa.B. 1691; amended February 12, 2002, effective immediately, 32 Pa.B. 1176. Immediately preceding text appears at serial pages (281657) to (281658).