THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PAYNE, BARRAR, BOYD, CREIGHTON, DeLUCA, GINGRICH, MILLARD, MILLER, READSHAW, STEVENSON AND VULAKOVICH, JUNE 3, 2009

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 3, 2009  

AN ACT

Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An

act relating to the rights, obligations and liabilities of

landlord and tenant and of parties dealing with them and

amending, revising, changing and consolidating the law

relating thereto," further providing for summons and service

and for appeal by tenant to common pleas court.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 502 of the act of April 6, 1951 (P.L.69,

No.20), known as The Landlord and Tenant Act of 1951, added July

6, 1995, (P.L.261, No.36), is amended to read: 

Section 502.  Summons and Service.--(a)  Upon the filing of

the complaint, the justice of the peace shall issue a summons

which recites substantially the complaint, is directed to any

writ server, constable or the sheriff of the county and commands

that writ server, constable or sheriff to summon the tenant to

appear before the justice of the peace to answer the complaint

on a date not [less than seven nor] more than [ten] seven days

from the date of the summons.

(b)  The summons may be served personally on the tenant, by

mail or by posting the summons conspicuously on the leased

premises.

Section 2.  Section 513(b) of the act, added July 6, 1995

(P.L.253, No.33), is amended to read: 

Section 513.  Appeal by Tenant to Common Pleas Court.--* * *

(b)  Within [ten] five days after the rendition of judgment

by a lower court arising out of residential lease or within

thirty days after a judgment by a lower court arising out of a

nonresidential lease or a residential lease involving a victim

of domestic violence, either party may appeal to the court of

common pleas, and the appeal by the tenant shall operate as a

supersedeas only if the tenant pays in cash or bond the amount

of any judgment rendered by the lower court or is a victim of

domestic violence and pays in cash any rent which becomes due

during the court of common pleas proceedings within ten days

after the date each payment is due into an escrow account with

the prothonotary or the supersedeas shall be summarily

terminated.

* * *

Section 3.  This act shall take effect in 60 days.