Bill Text: PA HB1390 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for summons and service and for appeal by tenant to common pleas court.

Spectrum: Moderate Partisan Bill (Republican 10-2)

Status: (Introduced - Dead) 2011-04-26 - Referred to JUDICIARY [HB1390 Detail]

Download: Pennsylvania-2011-HB1390-Introduced.html

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PRINTER'S NO. 1638
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1390 Session of2011
INTRODUCED BY PAYNE, BAKER, HESS, HORNAMAN, KNOWLES, MILLARD, MILLER, MOUL, MUSTIO, PASHINSKI AND SWANGER, APRIL 26, 2011
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 26, 2011
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.
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