Rule 513.1 Intervention

(a) Time to File. An individual may file an intervention request with the magisterial district court in an action commenced pursuant to Pa.R.Civ.P.M.D.J. 502 at any time before the hearing on the complaint.

(b) Form. The intervention request shall be on a form prescribed by the State Court Administrator, verified by the requester, and contain the following averments:

(1) the requester is a tenant of the landlord;

(2) the length of time the requester has occupied the property;

(3) to whom the requester paid rent for the property; and

(4) whether the requester is a party to a lease of the property with the landlord.

(c) Docketing. The magisterial district court shall enter the intervention request on the docket of the action commenced pursuant to Pa.R.Civ.P.M.D.J. 502.

(d) Service. The magisterial district court shall serve a copy of the intervention request by mailing it to the parties at the addresses as listed on the complaint form in the action or by handing it to the parties or the attorneys of record, if any. Notice of an intervention request shall constitute grounds for a continuance by the landlord.

(e) Hearing. The requester shall appear at the hearing and present evidence in support of the intervention request.

(f) Findings. If the magisterial district judge finds that the requester is a tenant of the landlord, the requester shall be added to the action as a tenant, and the action shall proceed pursuant to Pa.R.Civ.P.M.D.J. 512.

(g) Cross-complaint by Requester. If the requester has a claim against the landlord that arises out of the occupancy of the premises and that is within the jurisdiction of the magisterial district judge:

(1) the requester shall file the cross-complaint on the form prescribed for civil complaints with the intervention request;

(2) the requester’s cross-complaint shall be served on the parties at the same time and in the same manner as the intervention request; and

(3) if the requestor’s intervention request is granted, the magisterial district judge shall conduct the hearing on the cross-complaint at the same time as the hearing in the underlying action.