Follow the instructions on the Notice of Hearing. If you wish to dispute the claim, you must "ENTER A DEFENSE".

To Enter a Defense, telephone the office of the Magisterial District Court where the claim is filed. The phone number is located within the block on the top left corner of the form.

The plaintiff must be notified by the court of your intent to defend the claim, therefore; it may be necessary to reschedule the hearing.

Rule 508 Claim by Defendant controls claims against the Landlord arising out of the occupancy of the premises that are within the jurisdiction of the Magisterial District Judge.

If you have a claim against the Plaintiff/Landlord, which you intend to assert at the hearing, you must file a Civil Complaint.

Your civil complaint must be filed at the Magisterial District Court office before the date set for the original hearing.

If you file a Civil Complaint, the Plaintiff/Landlord will be notified. The hearing may be continued/rescheduled if the Plaintiff/Landlord is not able to be served with your Civil Complaint prior to the hearing. The Magisterial District Judge will consider both claims at the hearing.

You may serve witnesses with subpoenas. You have the right to get subpoenas from the Magisterial District Judge. A subpoena requires a witness to come to the hearing even if he/she does not want to come. The subpoena also can require the witness to bring specific documents to the hearing. You need to get the subpoenas as soon as possible to be sure that the witnesses get them in time for the hearing.

If you intend to use subpoenas, you must follow the Magisterial District Court Rules pertaining to Subpoenas and the Service of Subpoenas located in Chapter 200 of the rules.

You cannot serve the Subpoena in your own case. You must have the Subpoena served by a "competent adult." Rule 202 states that a "competent adult" means an individual eighteen years of age or older who is (1) not an incapacitated person, (2) not a party of the action, and (3) not an employee or a relative of a party.

The person who served the subpoena then must complete the back of the subpoena the Return of Service and file it with the Magisterial District Court Office within 48 hours of service. You may fax the Return of Service to the Magisterial District Court Office.

Consult with your attorney if you choose to have one, and gather and organize any lease, notices, bills, receipts, rent demands, or other letters relating to your claim. You must have any document that is important to your case with you. The Magisterial District Judge will only consider documents presented at the hearing.

After all the testimony, the Magisterial District Judge will decide the case. He/She may make the decision in court after all the evidence is taken. If he/she does not do this, a decision must be made within 5 days and a copy of it sent to each party.

At the hearing, the plaintiff will be the first to present testimony. He/She can testify and have witnesses. You and your witnesses will testify after the plaintiffs side of the case has been presented.

You will be given a chance to ask your witnesses questions. You will also be able to question the Plaintiff/Landlord and his/her witnesses. The Magisterial District Judge may ask questions of all the witnesses at any time. The Magisterial District Judge will decide whether or not to hear certain evidence if either the Plaintiff/Landlord or defendant objects to it.

Most of the time written statements from people who do not appear to testify will not be considered by the Magisterial District Judge. The exception is that he/she will consider a bill, estimate, receipt or statement of account which was made in the regular course of business. For instance, your receipt for household repairs or rent receipts would be considered by the Magisterial District Judge.

You have the right to appeal a decision to the Court of Common Pleas. You may want to consult an attorney before you appeal.

For more information see Appealing a Landlord/Tenant Eviction if you were the Defendant/Tenant.

You may have to pay 3 months' rent or the rent in arrears, whichever is less, to be deposited with the Clerk of Judicial Records at the time of appeal. Your rent must be paid into escrow in the Clerk of Judicial Records instead of to the Landlord unless you qualify for a Tenant's Supersedeas

Appealing an Eviction or judgment for money does not excuse you from paying your future rent, rent in arrears or other money judgment against you. If you qualify because you are indigent, a Tenant's Supersedeas may delay your payments during the Appeal. For more information see Appealing a Landlord/Tenant Eviction if you were the Defendant/Tenant.

If Possession is granted to the Plaintiff/Landlord and you do not pay the judgment and/or move from the property or appeal within 10 days, the Plaintiff/Landlord can go to the Magisterial District Judge's office and ask that an Order of Possession (often called an Eviction Order) be entered.

The Plaintiff/Landlord may ask for an Order of Possession as soon as the 11th day after the judgment or, if the Landlord and Tenant are trying to come to an agreement, the Landlord may choose to give the Tenant more time to pay, but the Landlord may request an Order for Possession within 120 days after the judgment without going back to court.

Any unpaid money judgment will still be binding, will be record and could show up on your credit history. The judgment amount may be collectable by the Plaintiff/Landlord by wage garnishment or other methods of collection.

Under Rule 516. Issuance and Reissuance of Order for Possession, the Magisterial District Judge will deliver the Order for Possession to the sheriff or a constable who will serve it upon the Defendant/Tenant. The Order of Possession gives the Tenant 10 more days to vacate the premises. This Order does not collect the rent or other money owed to the Landlord. Read the entire text of Rule 516 for more information.

If the property the sheriff or constable says will be sold is not owned by you, the person or company who owns it should contact the Magisterial District Court. This includes appliances, furniture and other items, which are not completely paid for yet. Also, if you are married and the judgment is only against you, your spouse can claim a third party claim with the Magisterial District Court on property you both own.

You may be forcibly removed from the premises by a sheriff or constable. Rule 519 b. Forcible Entry and Delivery of Possession allows for the forcible entry and physical removal of the Tenant.

If, on or after the eleventh (11th) day following the service of the order for possession in cases arising out of a residential lease, the defendant or any unauthorized occupant remains on the real property, the officer executing the order for possession shall use such force as may be necessary to enter upon the property, by the breaking in of any door or otherwise, and to eject the defendant and any unauthorized occupant and shall deliver possession of the real property to the plaintiff or the plaintiff's agent.

Any unpaid money judgment will still be binding, may be recorded and could show up on your credit history. The judgment amount may be collectable by the Plaintiff/Landlord by wage garnishment or other methods of collection.