Section 508. Claim by Defendant

A. At any time before the hearing, the defendant may file a cross-complaint on the form prescribed for civil complaints, asserting any claim against the plaintiff which arises out of the occupancy of the premises and which is within the jurisdiction of the magisterial district judge.

B. If the defendant files such a cross-complaint, the magisterial district judge shall set a time and date for the hearing of both complaints together, which shall not be less than 7 or more than 15 days from the filing of the defendant’s complaint.

C. The defendant’s cross-complaint shall be served on the plaintiff at least five days before the hearing. At the option of the defendant, the magisterial district judge shall serve the cross-complaint by mailing a copy of it to the plaintiff. If the defendant does not request service by mail, the magisterial district judge shall deliver a copy of the cross-complaint for service to the sheriff of, or any certified constable in, the county in which the office of the magisterial district judge is located. If this service is not available to the magisterial district judge, service may be made by any certified constable of the Commonwealth. The officer receiving the copy shall serve it by handing it to the plaintiff or to an adult person in charge for the time being of the plaintiff’s residence or usual place of business.

Official Note

As to subdivision A of this rule, see the Note to Rule 504. See also 42 Pa.C.S. § 1515(a)(3), as to waiver of jurisdictional limits, the defendant filing a cross-complaint being considered a ‘‘plaintiff’’ as to the cross complaint within the meaning of this statute.

Subdivision B sets forth the time limits for setting hearings when a cross-complaint is filed. These limits recognize the need for reasonable expedition in these cases.

Subdivision C contains provisions for service of the cross-complaint. Mail service need not be by certified or registered mail.

Since a cross-complaint is in the nature of a responsive pleading there is no fee for filing it.

The provisions of this Rule 508 amended through April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended July 16, 2001, effective August 1, 2001, 31 Pa.B. 4055. Immediately preceding text appears at serial pages (272491) to (272492).