Rule Text
As used in this chapter:
(1) ‘‘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) ‘‘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.
Amendment history: The provisions of this Rule 501 amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 4502. Immediately preceding text appears at serial page (401705).
Committee Notes
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 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 § 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 § § 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 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.
