CONSTABLE FIELD

REFERENCE GUIDE
CIVIL LAW
Table of Contents Table of
Contents

• Civil Law Glossary

• Title 246. Chapter 400. Enforcement of Judgments

Review
- Key Facts and Concepts
- Key Questions
- Street Sense
- Time Regulations Job Aid
- Forms Chart
- Levy 21-Step Flowchart
- Frequently Asked Questions

• Title 246. Chapter 500. Actions for the Recovery

of Possession of Real Property Review
- Key Facts and Concepts
- Key Questions
- Street Sense
- Forms Chart
- Frequently Asked Questions
Civil Law Glossary
1. Adult – an individual 18 years of age or older.
Civil Law
2. Attorney of Record – an attorney at law who Glossary
has filed a written document in accordance with
Rule 207.1 as appearing for and representing a
party in a legal proceeding.
3. Certiorari – a writ that a superior appellate
court issues in its discretion to an inferior
court, ordering it to produce a certified record
of a particular case it has tried, in order to
determine whether any irregularities or errors
occurred that justify review of the case.
4. Competent Adult – an individual 18 years of
age or older who is (1) not an incapacitated
person, (2) not a party to the action, and (3)
not an employee or a relative of a party.
5. Complaint – a written statement that begins
a civil lawsuit in which the plaintiff details the
claims against the defendant.
6. Defendant – the party who is being sued in a
civil action.
7. Ex parte – done by, for, or on the application of
one party alone.
Civil Law Glossary
8. Levy – to seize or take property upon a writ of
execution issued by the court.
9. Order of Execution – a court order that directs
a constable to levy upon tangible personal
property of a defendant to be sold to pay a
plaintiff for a money judgment.
10. Order of Possession – a court order that
entitles a landlord legally to evict a tenant or
squatter and to regain possession of the real
property.
11. Plaintiff – the party who initiates a civil lawsuit
against a defendant.
12. Subpoena – an order of the magisterial district
judge (MDJ) commanding a person to attend
and testify at a particular time and place. It may
also require the person to produce documents
or things which are under the possession,
custody, or control of that person. Civil Law
Glossary
The rules contained within this publication are not verbatim
from Pennsylvania Title 246 – Minor Court Rules.
For space consideration issues, they have been condensed.
Enforcement of Judgments-Title 246
Key Facts and Concepts

Rule 402. Request for Order of Execution. Entry of

Judgment in Court of Common Pleas
A request for the order of execution needs to be Key Facts
and
filed within the boundaries in which the MDJ who Concepts
rendered the judgment conducts his magisterial
business.
The request for an order of execution cannot be
filed before the expiration of 30 days from the date
the judgment is entered by the MDJ, but must be
filed within five years of that date.

Rule 403. Issuance and Reissuance of Order of

Execution
Upon the filing of the request form, the MDJ shall
note on the form the time and date of its filing and
shall issue the order of execution.
• The MDJ shall deliver the order of execution for
service and execution to any certified constable in
the county in which the office of the MDJ issuing
the order is situated.
• If this service is not available to the MDJ, service
may be made by any certified constable of the
Commonwealth.
Enforcement of Judgments-Title 246
Rule 404. Notation of Time of Receipt
The certified constable receiving the order shall
note upon the form the date and time when it was
received.

Rule 405. Service of Order of Execution

A. Service of the order of execution shall be made
by any certified constable in the county in which
the office of the MDJ is situated by levy within 60
days of the issuance or reissuance of the order.
B. At the time of the levy, the officer executing the
order shall:
• Give the defendant a copy of the order or
• Leave it at the place of the levy.
If the place of the levy is not the defendant’s
residence or usual place of business and the
defendant has not been given a copy of the order, Key Facts
and
the copy shall be mailed to the last known address Concepts
of the defendant.
If the levy is made upon property of the defendant
in the possession of another person, a copy of the
order also shall be made available to that person.
Enforcement of Judgments-Title 246
Rule 406. Property Subject to Levy
The levy pursuant to the order of execution issued
by the MDJ shall be made only upon tangible,
nonperishable personal property of the defendant.
The levy may be made upon any such property Key Facts
and
within the county where the order is issued. Concepts

Rule 407. General Monetary Exemption

A defendant may claim his statutory exemption in
kind or in cash at any time before the date of the
sale by notifying the officer executing the order of
his claim and, if the exemption is claimed in kind,
by designating the specific items of property.

Rule 408. Setting Aside Exempt Property

The defendant, or any party in interest, may appeal
to the MDJ who issued the order of execution
from any appraisal or designation of property
made by the executing officer, provided the appeal
is made within two (2) days after the appraisal
or designation; but the plaintiff may appeal at
any time before the sale from a setting aside of
property by the executing officer on the grounds
that it is excessive or illegal.
Enforcement of Judgments-Title 246
Rule 411. Right of Executing Officer to Break and
Enter
The officer executing the order, after having made
a levy upon any personal property, may enter the
place or building in which the goods are contained
either peaceably or by breaking in by force for the
purpose of taking manual possession of or selling
the property levied upon.

Rule 412. Notice of Sale

The executing officer shall give notice of the sale
of personal property at least six days prior to the
sale.
The executing officer shall give notice of the sale
in the following manner:
• By handbill, posted in the magisterial district
court from which the order of execution issued Key Facts
and
and, Concepts
• If different from the court from which the order
issued, in the magisterial district court in the
magisterial district in which the place of the sale is
located.
• By handbill posted at the place of sale and, if
different from the place of sale, at the place of levy.
Enforcement of Judgments-Title 246
• By mailing a copy of the handbill to the plaintiff
and to the defendant at his last known address.
The notice of the sale shall include a notice that
all claims to the property must be filed before the
sale in the magisterial district court from which Key Facts
and
the order of execution issued and that all claims Concepts
to the proceeds must be filed in that court before
distribution.
• A proposed schedule of distribution will be filed
in that court on a date specified not later than five
days after the sale.
• Distribution will be made in accordance with the
proposed schedule unless exceptions are filed in
that court within 10 days thereafter.
• No further notice of the filing of the schedule of
distribution need be given.

Rule 414. Plaintiff as Purchaser

Whenever personal property sold on execution
is purchased by a plaintiff entitled to receive all
or part of the proceeds of the sale, the officer
executing the order, upon proof of that fact, shall
accept on account of the purchase price the
receipt of the plaintiff up to the amount of the
proceeds to which he is entitled.
Enforcement of Judgments-Title 246
Rule 415. Transfer of Property to Purchaser
When the officer executing the order sells personal
property in execution, he shall, upon request of the
purchaser, execute and deliver to the purchaser a
bill of sale setting forth the caption of the case and
a description of the property.

Rule 416. Distribution of Proceeds. Priorities

A. Not later than five days after the sale of
personal property, the officer executing the order
shall prepare a proposed schedule of distribution
of the proceeds of sale which shall be kept on file
in the MDJ office from which the order issued. No
schedule of distribution need be filed when the
property is sold to the plaintiff for costs only.
B. When a receipt of the plaintiff has been
accepted on account of the purchase price, the Key Facts
and
schedule shall set forth the plaintiff’s name and Concepts
address, the amount of the judgment, and the
amount of credit claimed or allowed upon the
purchase price.
C. Unless written exceptions are filed in the office
of the MDJ from which the order issued not
later than 10 days after the filing of the proposed
Enforcement of Judgments-Title 246
schedule of distribution, the officer executing the
order shall distribute the proceeds of the sale
directly to the party or parties entitled to receive
the proceeds in accordance with the proposed
schedule. Key Facts
and
D. When levies are made against the same Concepts
property by one or more executing officers under
orders of execution issued at the request of
separate plaintiffs, priority of distribution of the
proceeds of the sale as between such plaintiffs
shall be determined by the time when their
respective requests for orders of execution or
reissuance thereof were filed in the office of the
issuing MDJ.

Rule 417. Officer’s Expenses and Fees

The plaintiff shall pay expenses and fees of
execution promptly upon demand of the executing
officer, but before service of the order of execution
the executing officer may require the plaintiff to
pay in advance only expenses and fees incident to
levy.

Rule 418. Abandonment of Levy for Inability to

Hold Sale
The officer executing the order shall abandon the
Enforcement of Judgments-Title 246
levy if sale of the property levied upon is not held
within three months after the levy, except during
periods in which a sale is stayed. In all cases
the officer executing the order shall abandon the
levy if sale of the property levied upon is not held
within six months.

Rule 419. Officer’s Return

The officer executing the order shall make a return
on the order of execution form. The return shall
show:
• The date, time and place of any levy.
• His appraisal of the value of any property set
aside as exempt property.
• The date, time and place of any sale.
• The proceeds received from any sale, specifying
any sale on receipt to the plaintiff. Key Facts
and
• His expenses and fees. Concepts
• Any distribution made by him.
• If no levy upon property of the defendant could
be made; or if the levy was abandoned, the
reasons therefore; or that the order was returned
unexecuted for nonpayment of expenses and fees.
Enforcement of Judgments-Title 246
Key Questions
1. Did I note on the Order of Execution form the
date and time when it was received?
2. Did I properly service the Order of Execution to Key
the defendant and to any person who may have Questions/
Street Sense
property of the defendant in his possession?
3. Did I make available to the defendant the notice
required under Rule 405B?
4. Am I able to answer any potential questions
related to the Notice to Defendants?
5. Did I provide a Bill of Sale to purchaser(s) of
property in the execution?
6. Have I included all necessary information on
the Order of Execution Return form?

Street Sense
When issuing a Bill of Sale, be sure to include the
caption of the case and description of the property.
The Schedule of Property Levied Upon and Set
Aside must be completed by entering specific
items of property as well as an appraised value
for each individual item. It is recommended that
Enforcement of Judgments-Title 246
brand names, serial numbers, colors, and any
other identifying information be included on the
form. A general “rule of thumb” when listing an
appraised value is 25% of the original cost of the
item. However, condition and age of the item
should be taken into consideration when making
an appraisal.
A defendant is required to allow, and does in
fact have a legal obligation to allow, a constable
full unmolested access to levied property for the
purpose of a constable sale.
An improper levy is one that is made out of
county. The venue for any levy must be the same
as that for the MDJ issuing the order. The venue
is the magisterial district where the Order of
Execution was issued. Street
Sense
Attempting to serve the order outside of the venue
in which it was ordered constitutes an improper
levy. An improper levy actually voids both the
MDJ’s and constable’s authority to enforce the
order of execution.
Enforcement of Judgments-Title 246
Should you find that the defendant or the assets/
goods are located in another county, do not
proceed with the order and levy. Return the order
to the issuing MDJ. Do not levy upon or sell
goods located out of county. Street
Sense
Enforcement of Judgments-Title 246
Civil Law Procedural Job Aid
Service of Process Time Regulations
for Enforcement of Money Judgments Ordered
by an MDJ

2 Days
Defendant can appeal designation of property set aside.
Setting Aside Exempt Property -
Pa. R.C.P.M.D.J. #408

5 Days
Constable must prepare a schedule of distributions
of the proceeds and file with the MDJ.
Distribution of Proceeds. Priorities -
Pa. R.C.P.M.D.J. #416

6 Days Time
Notice of sale of personal property. Regulations
Notice of Sale - Pa. R.C.P.M.D.J. #412
Enforcement of Judgments-Title 246
10 Days
Distribution of the proceeds of a sale must be
completed if no exceptions filed.
Distribution of Proceeds. Priorities -
Pa. R.C.P.M.D.J. #416

60 Days
Levy upon defendant’s property. Time
Service of Order of Execution - Regulations
Pa. R.C.P.M.D.J. #405

3 Months
Abandonment of levy if sale is not held.
Abandonment of Levy for Inability to Hold Sale -
Pa. R.C.P.M.D.J. #418

Note:
Stays under the rules do not count in three-month total –
then abandonment in ALL cases if sale is not held
within six months.
Enforcement of Judgments-Title 246
Title 246 - Minor Court Civil Rules
Chapter 400. Enforcement of Judgments Rendered by Magisterial District Judges for the
Payment of Money

Job Aid

Civil Action Description Time Factor Rule(s) Form(s)

The first day an order of Day 1 Pa.R.C.P.M.D.J. Request for
Request for Order of execution can be entered. This # 402 Order of
Execution. Entry of occurs no less than 30 days Execution -
Judgment in Court of and no more than 5 years from MDJS
Common Pleas the date of judgment 305ABL
Defendant can appeal 2 days Pa.R.C.P.M.D.J. Objection to
Setting Aside Exempt designation of property set # 408 Levy Property
Property aside Claim - MDJS
632BL
Within 5 days after the sale, Within 5 days Pa.R.C.P.M.D.J. Proposed
Distribution of constable must prepare a of sale # 416 Schedule of
Proceeds. Priorities proposed schedule of Distribution -
distribution of the proceeds of MDJS 309B
sale. Proceeds will be
distributed according to
proposed schedule unless
written exceptions are filed
within 10 days after filing of
proposed schedule
Notice must be given at least 6 6 days prior to Pa.R.C.P.M.D.J. Notice of
Notice of Sale days prior to sale by mailing sale # 412 Execution
and posting a handbill Sale - MDJS
309A
Service shall be made by the 60 days Pa.R.C.P.M.D.J. Order of Forms
Service of Order of constable within 60 days of the # 405 Execution/
Execution issuance or reissuance of the Notice to
Chart
order Defendant -
MDJS 305B1
and
Executing
Officer's
Return -
MDJS 305C
Levy upon personal property 60 days Pa.R.C.P.M.D.J. Notice of
Service of Order of must be completed in 60 days # 405 Levy - MDJS
Execution from issue date of order of 306B and
execution Schedule of
Property
Levied Upon
and Set
Aside - MDJS
306A1
Abandonment of levy if levied 3 months Pa.R.C.P.M.D.J.
Abandonment of Levy property not sold within 3 # 418
for Inability to Hold months after levy (6 months if
Sale there is a stay of execution)
Enforcement of Judgments-Title 246

1. Receive copy of Request for Order of Execution

(MDJS 305ABL) from MDJ.
2. Complete appropriate lines on Order of
Execution (note time and date).
3. Locate and verify residence of defendant(s)
named in Order of Execution.
4. Serve individual Order of Execution Notice to
Defendant (MDJS 305B1) to defendant(s).
Levy –
Make sure that they are aware of the seven 21-Step
issues on page two with the heading Notice to Flowchart

Defendant.
5. Determine most appropriate way to access
property to conduct levy (must be conducted
within 60 days of receiving Order of
Execution).
6. Determine which pieces of property to levy
upon (levy upon property of defendant in
possession of another requires leaving copy
with the other party as well as the defendant).
7. Service of Notice of Levy (MDJS 306B) and
other related forms to defendant(s).
Enforcement of Judgments-Title 246

8. Conduct levy by describing each piece of

property to be sold - Schedule of Property
Levied Upon and Set Aside (MDJS 306A1)
and return forms with Executing Officer’s
Return (MDJS 305C). Levy upon tangible,
nonperishable personal property. You cannot
levy upon or sell real property, intangible
property, or perishable property on executions
from an MDJ.
Levy –
9. Determine exemption of goods levied upon 21-Step
Flowchart
(cash or goods - $300 as specified in 42 Pa.
C.S.A. 8123).
10. Set aside exempt property - enough to equal
the exemption (defendant has up to two days
to appeal property set aside).
11. Complete Notice of Execution Sale (MDJS
309A).
12. Post Notice of Sale in public places and mail
copy of Notice of Sale and other appropriate
forms to plaintiff and defendant. This must be
accomplished at least six days before sale date.
Enforcement of Judgments-Title 246

13. Ensure legal timeline is followed by tracking

number of days between activities.
14. Gain entrance to levied-upon goods.
15. Inventory levied-upon goods to ensure all
goods are present.
16. Conduct sale of levied-upon goods (includes
transfer of property).
17. Complete Bill of Sale, including Proposed Levy –
Schedule of Distribution (MDJS 309B). 21-Step
Flowchart
18. File MDJS 309B with the MDJ within five days
of sale.
19. Collect proceeds of sale and deliver to
plaintiff(s) as per Proposed Schedule of
Distribution unless written exceptions are
filed within 10 days after filing of proposed
schedule.
20. Complete after-sale paperwork and return to
MDJ.
21. Ensure legal timeline is followed by tracking
number of days between activities.
Enforcement of Judgments-Title 246

Enforcement of Judgments Rendered

by Magisterial District Judges for the Payment
of Money
Given the amount of information presented,
let’s review some common questions related to
an Order of Execution that have been posed by
constables.
Order of Execution - Levy
1. Can marital property be levied upon in Pa.? Frequently
Yes, but it is up to the defendant to file a motion to Asked
Questions
quash the levy of personal property on the grounds
that it is all jointly owned. This takes the form of the
defendant filing a third party claim with the court.
The filing of a third party claim stops the sale, and
the hearing on the claim must be held by the court
within five days.
2. What happens if the personal property levied
upon does not sell for a sum sufficient to
satisfy the judgment?
Proceeds are forwarded to the plaintiff, but there
remains a judgment against the defendant for
the amount remaining on the judgment after the
Enforcement of Judgments-Title 246
proceeds are received.
3. What is in custodia legis?
In the custody of the law; the taking, seizing or
holding of something by lawful authority.
4. What is nulla bona return?
No nonexempt personal property was found that
could be levied upon.
5. What is a levy?
Seizure of the defendant’s nonexempt tangible
personal property.
6. Is actual seizure of property commonplace in
Pa.? No.
Frequently
7. Must a levy be conducted prior to the sale of Asked
the property? Yes. Questions

8. What information should be included to

specifically describe the property to be levied
upon?
• Make • Year (if appropriate)
• Model Number • If from a set, is it complete?
• Serial Number (as an example: golf clubs)
• Color • Size (TV)
• Quantity • Men’s or Women’s
• Quality (if appropriate) (as an example: golf clubs)
Enforcement of Judgments-Title 246
9. Can a vehicle be levied upon in Pa.? Yes.
10. In Pa., is it a crime to move, use or damage
levied-upon property? Yes.
11. Can intangible personal property, such as a
company logo, be levied upon? No.
12. How do you determine the cost basis of
personal property? Frequently
A general “rule of thumb” is 25% of the original Asked
Questions
value of the item. However, some items may be
higher, such as antiques or items from a business.
It is recommended that you be reasonable and fair
when assigning value to items being levied upon.
13. When you levy upon a vehicle, should you
first determine the owner via the vehicle’s
registration? Yes.
14. In Pa., can you levy upon funds in a passbook
savings account? Yes.
15. Can you levy upon a railroad retirement
account?
No, it is exempt per Pa. and federal law.
Enforcement of Judgments-Title 246
16. Can defendant deny you access to his home
and property thus blocking your attempt to levy
upon his personal property? Yes.
17. If your attempt to enter a home to conduct a
levy is denied by the property owner, will the
court permit you to enter forcibly? No.
18. What can be levied upon and eventually sold
(via an Order of Execution)?
A 2007 Mercedes SL-350 owned by plaintiff -
Yes
A diamond ring - Yes
A surround-sound home theater system - Yes
Furniture - Yes Frequently
Asked
A Coleman Camper owned by you and your Questions
wife - No. If a third party property claim is filed on
marital property in Pa., it cannot be sold primarily
because it is owned by a third party (this is true
only if the judgment is against only one spouse).
However, from a constable’s perspective it is better
to levy upon the property (camper) and let the
plaintiff appeal the ownership to the court via a third
party property claim to verify that the camper is
indeed marital property.
A Bass Tracker pontoon boat - Yes
Enforcement of Judgments-Title 246
A utility trailer - Yes
A John Deere L-135 lawn tractor - Yes
A Craftsman drill press - Yes
A Craftsman miter saw - Yes
A Honda Goldwing motorcycle - Yes
A Toro rear-bagging lawn mower - Yes
A Stihl chain saw - Yes Frequently
Asked
Various shovels, rakes and other lawn tools - Questions
Yes
A Stihl chain saw used in the defendant’s
logging company - No. Under Pa. and federal
law, equipment is exempt. Equipment is defined as
“tools of the trade,” i.e. tangible property (other than
land and buildings) that is used in the operation of
a business and includes devices (such as a pager),
machines (such as a lawn mower), tools (such as
a shovel) and vehicles. Other similar equipment
may be in the possession of a mechanic, farmer, or
professional band.
Enforcement of Judgments-Title 246
How about a printer in the office of the
defendant’s logging company. Can it be levied
upon and eventually sold? - Yes, as this could be
argued that it really isn’t a tool of the trade per se
specific to the logging industry.
19. How do major exemptions under Pa.
and federal law affect the $300 personal
exemption?
If the major exemption is personal in nature, such
as clothing, bibles and school books, most counties
will deduct the value of those items from the $300
exemption.
20. What alternatives do you have to conduct a levy Frequently
if you are not permitted to enter the residence? Asked
Questions
The only option you have, and this may turn out to
be very time- and/or cost-prohibitive, is to wait until
you can levy upon property left outside the home in
public view, such as a car in the driveway, a lawn
tractor in the yard, etc. Also, that same car could
be levied upon when the defendant is witnessed
leaving it in public view and going into the local
grocery store.
Enforcement of Judgments-Title 246
21. When can the $300 personal exemption be
claimed?
The exemption must be established before
the sale. Property worth that much can be set
aside and not sold. The defendant can inform
the constable what he wishes to set aside and
the constable can comply if it meets the $300
Frequently
exemption limit. The defendant also can claim the Asked
exemption in cash. Questions

22. Can the defendant claim the $300 per sale?

Yes, the $300 exemption is per sale and, if both
the husband and wife are named as defendants
(judgment debtors), some attorneys have
successfully lobbied for both of them to claim the
$300 personal exemption.

Order of Execution - Sale

1. When can the sale be held once the levy is
completed?
Anytime within 3 months following the levy.
2. Must the purchaser be present to bid at a sale?
Yes.
Enforcement of Judgments-Title 246
3. Should property be sold to the highest bidder?
Yes.
4. Is only cash permitted for a purchase? Yes.
5. Does the personal property up for sale carry a
warranty? No.
6. Must a Bill of Sale be provided to the
purchaser? Yes.
7. Is the sale conducted via an oral auction to the
highest bidder? Yes.
8. Must the personal property be present at the
sale? Yes.
9. Is the sale open to the public? Yes.
Frequently
10. During a sale, what happens if there are no Asked
bidders? Questions

The sale will have to be rescheduled.

11. What if the high bidder does not make good on
the bid?
The item must be put up for sale again.
12. What happens if the first sale does not produce
enough money to pay the judgment?
An additional sale(s) may be held.
13. If the original purchase price of an item was
$200, for how much should it be sold? $50.
Enforcement of Judgments-Title 246
14. What is the procedure for distributing funds
after a sale if the defendant had multiple
judgments against his property?
Whenever there are different constables attempting
to levy upon the same personal property under
orders of execution issued on behalf of separate
plaintiffs, the proceeds of the sale are distributed in
Frequently
order according to the date that each plaintiff filed a Asked
request for an order of execution in the office of the Questions
issuing MDJ.
Actions for the Recovery of
Possession of Real Property-Title 246
Key Facts and Concepts

Rule 502. Venue; Commencement of the Action

The action may be brought in and only in the
magisterial district where the whole or part of the
real property possession of which is sought to be
recovered is located.

Rule 503. Form of Complaint

The complaint shall set forth:
• The names and addresses of the parties.
• The location and the address, if any, of the real
property possession of which is sought to be
recovered.
• That the plaintiff/landlord is the landlord of that
Key Facts
property. and
• That he leased or rented the property to the Concepts
defendant/tenant or to some other person under
whom the defendant/tenant claims.
• That notice to remove was given to the
defendant/tenant in accordance with law, or that
no notice was required under the terms of the
lease.
Actions for the Recovery of
Possession of Real Property-Title 246
• That —
- the term for which the property was leased or
rented is fully ended, or
Key Facts
- a forfeiture has resulted by reason of a breach of and
the conditions of the lease, or Concepts
- rent reserved and due has, upon demand,
remained unsatisfied.
• That the defendant/tenant retains the real
property and refuses to give up possession of the
property.
• The amount of rent, if any, which remains due
and unpaid on the date the complaint is filed and
whatever additional rent shall remain due and
unpaid at the date of the hearing, and the amount
of damages, if any, claimed for injury to or unjust
detention of the real property.

Rule 504. Setting the Date for Hearing; Delivery

for Service
The MDJ, at the time the complaint is filed, shall:
• Set a hearing date which shall be not less than
seven (7) or more than fifteen (15) days from the
date the complaint is filed.
Actions for the Recovery of
Possession of Real Property-Title 246
• Insert the hearing time and date and the address
of the MDJ’s magisterial district in the complaint
form.
• Deliver a copy of the complaint form with hearing
time and date thereon to the plaintiff/landlord or
his agent.
• Deliver a copy of the complaint form with hearing
time and date thereon for service as hereinafter
set forth, which copy shall contain the following
notice:
- If you have a defense to this complaint, you may
present it at the hearing.
- If you have a claim against the plaintiff/landlord
arising out of the occupancy of the premises,
which is within magisterial district court
Key Facts
jurisdiction and which you intend to assert at the and
hearing, you must file it on a complaint form at Concepts
this office before the time set for the hearing.
- IF YOU DO NOT APPEAR AT THE HEARING,
a judgment for possession and costs, and for
damages and rent if claimed, may nevertheless be
entered against you. A judgment against you for
possession may result in YOUR EVICTION from
the premises.
Actions for the Recovery of
Possession of Real Property-Title 246
Rule 506. Service of Complaint
A. The MDJ shall serve the complaint by mailing
a copy of it to the defendant/tenant by first class
Key Facts
mail and by delivering a copy of it for service to and
the sheriff of, or any certified constable in, the Concepts
county in which the office of the MDJ is situated.
B. The officer receiving the copy shall serve it
by handing it to the defendant/tenant or to an
adult person in charge for the time being of the
premises possession of which is sought to be
recovered or, if none of the above is found, by
posting it conspicuously on those premises.
C. The copy shall be served at least five days
before the hearing.

Rule 507. Notation and Return of Service; Waiver

of Service
The constable serving a copy of the complaint
shall, at or before the time of the hearing, make
proof of service on the form provided, which shall
show the manner of service and the day, hour and
place thereof.
Actions for the Recovery of
Possession of Real Property-Title 246
Rule 508. Claim by Defendant/Tenant
A. At any time before the hearing, the defendant/
tenant may file a cross-complaint on the form
prescribed for civil complaints, asserting any claim
against the plaintiff/landlord which arises out of
the occupancy of the premises and which is within
the jurisdiction of the MDJ.
B. If the defendant/tenant files such a cross-
complaint, the MDJ shall set a time and date for
the hearing of both complaints together, which
shall not be less than 7 or more than 15 days from
the filing of the defendant’s/tenant’s complaint.
C. The defendant’s/tenant’s cross-complaint shall
be served on the plaintiff/landlord at least five days
before the hearing.
Key Facts
and
Rule 509. Amendments to Complaint Concepts
Amendments to the complaint may be made only
at the hearing in the presence of the adverse party
or his representative. Amendments other than
those as to form shall constitute grounds for a
continuance.
Actions for the Recovery of
Possession of Real Property-Title 246
Rule 512. Hearings and Evidence
The plaintiff/landlord must appear at the hearing
and present testimony in an action for the recovery
Key Facts
of possession of real property. and
Concepts
Rule 513. Disputes Concerning Title
If the defendant/tenant declares in writing, on oath
or affirmation, that the title to the real property
is disputed and claimed by some named person
other than the plaintiff/landlord and if that person
also declares in writing, on oath or affirmation,
that he truly believes he is entitled to the real
property, the MDJ shall stay the proceedings,
provided the person claiming title files in the court
of common pleas of the county in which the real
property is located a bond, satisfactory to that
court, conditioned upon prosecuting his claim in
the court of common pleas.

Rule 514. Judgment; Notice of Judgment or

Dismissal and the Right to Appeal
A. If it appears at the hearing that the complaint
has been proven, the MDJ shall enter judgment
Actions for the Recovery of
Possession of Real Property-Title 246
against the defendant/tenant that the real property
be delivered up to the plaintiff/landlord and shall
enter judgment by separate entries:
• for the amount of rent, if any, which remains due,
• for the amount of damages, if any, for unjust
detention,
• for the physical damages, if any, to the leasehold
premises, and
• for the costs of the proceeding
less any amount found due the defendant/tenant
on any cross-complaint filed by the defendant/
tenant.
B. Money judgment may be rendered for the
defendant/tenant on a cross-complaint filed by the
defendant/tenant if the amount found due thereon
Key Facts
exceeds any amount found due the plaintiff/ and
landlord on the plaintiff’s/landlord’s complaint. Concepts
C. Judgment shall be given at the conclusion of
the hearing or within three days thereafter.
D. The written notice of judgment or dismissal
shall contain:
• notice of the right of the parties to appeal, the
time within which the appeal must be taken, and
that the appeal is to the court of common pleas;
Actions for the Recovery of
Possession of Real Property-Title 246
• notice that, except as otherwise provided in the
rules, if the judgment holder elects to enter the
judgment in the court of common pleas, all further
Key Facts
process must come from the court of common and
pleas and no further process may be issued by the Concepts
MDJ; and
• notice that unless the judgment is entered in
the court of common pleas, anyone interested
in the judgment may file a request for entry of
satisfaction with the MDJ if the debtor pays in full,
settles, or otherwise complies with the judgment.

Rule 515. Request for Order for Possession

A. If the MDJ has rendered a judgment arising out
of a nonresidential lease that the real property be
delivered up to the plaintiff/landlord, the plaintiff/
landlord may, after the 15th day following the date
of the entry of the judgment, file with the MDJ a
request for an order for possession. The request
shall include a statement of the judgment amount,
return, and all other matters required by these
rules.
B. If the MDJ has rendered a judgment arising
Actions for the Recovery of
Possession of Real Property-Title 246
out of a residential lease that the real property
be delivered up to the plaintiff/landlord, the
plaintiff/landlord may, after the 10th day but
within 120 days following the date of the entry of
the judgment, file with the MDJ a request for an
order for possession. The request shall include a
statement of the judgment amount, return and all
other matters required by these rules.
C. In a case arising out of a residential lease, if
before the plaintiff/landlord requests an order for
possession,
• an appeal or writ of certiorari operates as a
supersedeas; or
• proceedings in the matter are stayed pursuant to
a bankruptcy proceeding; and
Key Facts
• the supersedeas or bankruptcy stay is and
subsequently stricken, dismissed, lifted, or Concepts
otherwise terminated so as to allow the plaintiff/
landlord to proceed to request an order for
possession, the plaintiff/landlord may request
an order for possession only within 120 days
of the date the supersedeas or bankruptcy
stay is stricken, dismissed, lifted, or otherwise
terminated.
Actions for the Recovery of
Possession of Real Property-Title 246
Rule 516. Issuance and Reissuance of Order for
Possession
A. Upon the timely filing of the request form, the
Key Facts
MDJ shall issue the order for possession and shall and
deliver it for service and execution to the sheriff Concepts
of, or any certified constable in, the county in
which the office of the MDJ is situated. The order
shall direct the officer executing it to deliver actual
possession of the real property to the plaintiff/
landlord. The MDJ shall attach a copy of the
request form to the order for possession.
B. Upon written request of the plaintiff/landlord,
the MDJ shall reissue an order for possession for
one additional 60-day period.

Rule 517. Notation of Time of Receipt; Service of

Order for Possession
The MDJ shall mail a copy of the order for
possession to the defendant/tenant by first class
mail and shall deliver a copy of it for service to
the sheriff of, or any certified constable in, the
county in which the office of the MDJ is situated.
The officer receiving the order for possession shall
Actions for the Recovery of
Possession of Real Property-Title 246
note upon the form the time and date that it was
received, and shall serve the order within forty-
eight (48) hours by handing a copy of it to the
defendant/tenant or to an adult person in charge
for the time being of the premises possession of
which is to be delivered or, if none of the above
is found, by posting it conspicuously on those
premises. The service copy of the order shall
contain the following notice:

• For nonresidential leases:

If you, and all occupants of this property not
authorized by the owner to be present thereon, do
not vacate this property within fifteen (15) days
after the date of this notice, the law authorizes me
Key Facts
to use such force as may be necessary to enter and
upon the property, by the breaking in of any door Concepts
or otherwise, and to eject you and all unauthorized
occupants.

• For residential leases:

If you, and all occupants of this property not
authorized by the owner to be present thereon,
do not vacate this property within ten (10) days
after the date of this notice, the law authorizes me
Actions for the Recovery of
Possession of Real Property-Title 246
to use such force as may be necessary to enter
upon the property by the breaking in of any door
or otherwise, and to eject you and all unauthorized
Key Facts
occupants. and
Concepts
Rule 518. Satisfaction of Order by Payment of
Rent and Costs
At any time before actual delivery of the real
property is made in execution of the order for
possession, the defendant/tenant may satisfy the
order for possession by paying to the executing
officer the rent actually in arrears and the costs of
the proceedings. The executing officer shall give
the defendant/tenant a signed receipt for any such
payment.

Rule 519. Forcible Entry and Delivery of

Possession
A. If, on or after the sixteenth (16th) day following
the service of the order for possession arising
out of a nonresidential lease, the defendant/
tenant or any unauthorized occupant remains on
the real property, the officer executing the order
Actions for the Recovery of
Possession of Real Property-Title 246
for possession shall use such force as may be
necessary to enter upon property, by the breaking
in of any door or otherwise, and to eject the
defendant/tenant and any unauthorized occupant
and shall deliver possession of the real property to
the plaintiff/landlord or his agent.
B. 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/
tenant 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/tenant and any unauthorized
Key Facts
occupant and shall deliver possession of the real and
property to the plaintiff/landlord or his agent. Concepts
C. No order for possession may be executed after
60 days following its issuance or reissuance.

Rule 520. Officer’s Return

Within five (5) business days following delivery of
possession to the plaintiff/landlord or satisfaction
by payment of rent in arrears and costs, the officer
executing the order for possession shall make
Actions for the Recovery of
Possession of Real Property-Title 246
a return on the order for possession form. The
return shall show:
• The date, time, place and manner of service of
Key Facts
the order. and
• If the order was satisfied by the payment of Concepts
rent in arrears and costs by or on behalf of the
defendant/tenant, the amount of that payment and
its distribution.
• The time and date of any forcible entry and
ejectment, or that no entry for the purpose of
ejectment had to be made.
• The officer’s expenses and fees.

Rule 521. Execution by Levy

If the plaintiff/landlord in an action for recovery of
possession of real property obtains a judgment
for damages for injury to or unjust detention of
the premises, for rent remaining due and for the
costs of the proceeding, or for any of these, he
may obtain execution of that judgment by levy
upon personal property of the defendant/tenant
in accordance with the rules for the Execution of
Judgments for the Payment of Money Rendered
Actions for the Recovery of
Possession of Real Property-Title 246
by Magisterial District Judges, and the form for a
request for an order of execution there prescribed
shall be used for this purpose.

Key Questions
1. Did I serve the copy of the complaint within the
five-day time frame?
2. Did I serve the cross-complaint within the
five-day time frame?
3. Did I notate time of receipt and all necessary
information when serving complaints or
orders?
4. Did I issue a receipt for monies paid to satisfy
a complaint? Key
Questions/
5. Is the use of force absolutely necessary for Street Sense

eviction?
6. Did I include all necessary information in the
officer’s return?

Street Sense
The documentation of the dates, times, locations,
and to whom the service was made is very
Actions for the Recovery of
Possession of Real Property-Title 246
important since the times may alter the hearing
date.

The notice for judgment or dismissal will be issued Street

Sense
by the MDJ. This is important for the constable to
know in the event a judgment is issued.
Actions for the Recovery of
Possession of Real Property-Title 246
Title 246–Minor Court Civil Rules
Chapter 500. Actions for the Recovery of Possession of Real Property

Job Aid

Civil Action Timeline Rule(s)

Pa.R.C.P.M.D.J.
Filing of Complaint (Form)
# 503
Not less than 7 days and not more
Pa.R.C.P.M.D.J.
MDJ schedules hearing than 15 days after plaintiff/landlord
# 504
files complaint
Pa.R.C.P.M.D.J.
Service of Complaint At least 5 days before hearing
# 506
Hearing is delayed to not less than
7 days and not more than 15 days
after filing of counterclaim
Defendant/Tenant files a Pa.R.C.P.M.D.J.
counterclaim Note: Cross-complaint by the # 508
defendant/tenant must be served
on the plaintiff/landlord at least 5
days before the hearing

MDJ enters judgment for

At the end of the hearing or within 3 Pa.R.C.P.M.D.J.
possession, damages
days # 514
and/or past-due rent

For nonresidential leases after the

15th day following the date of entry
of the judgment

For residential leases after the 10th

Plaintiff/Landlord can day but within 120 days following
Pa.R.C.P.M.D.J.
request an Order the date of the entry of the
# 515
for Possession judgment

And, within 120 days of the date

the supersedeas or bankruptcy Forms
stay is stricken, dismissed, lifted, or Chart
otherwise terminated
Upon written request of the
plaintiff/landlord one additional 60-
day period can be issued
Issuance and Reissuance Pa.R.C.P.M.D.J.
And, within 120 days of the date
of Order for Possession # 516
the appeal, writ of certiorari, or
supersedeas is stricken, dismissed,
or otherwise terminated or the
bankruptcy stay is lifted
Actions for the Recovery of
Possession of Real Property-Title 246
Notation of Time of Receipt; Forms
Constable must serve the order Pa.R.C.P.M.D.J.
Service of Order
within 48 hours upon receipt # 517 Chart
for Possession
For nonresidential leases on or
after the 16th day following service
of the order for possession, and for
residential leases on or after the
Constable executing Order
11th day following the service of Pa.R.C.P.M.D.J.
for Possession can (forcibly)
the order for possession, the # 519
remove Defendant/Tenant
constable may forcibly enter the
property and eject the
defendant/tenant and any
unauthorized occupant
Within 5 business days following
delivery of possession to the
Officer’s (Constable’s) Pa.R.C.P.M.D.J.
plaintiff/landlord or satisfaction by
Return # 520
payment of rent in arrears and
costs

Civil Law
Review
Actions for the Recovery of
Possession of Real Property-Title 246
Review of Pennsylvania Title 246 - Minor Court
Civil Rules, Chapter 500. Actions for the Recovery
of Real Property

1. When does the clock begin for the constable to

serve the Order for Possession?
When it is received from the MDJ (Rule 517).

2. Once the Order for Possession is received

by the constable, how much time does the
constable have to serve the order?
Forty-eight hours (Rule 517).

3. Should a constable only collect the judgment

and costs on file even if additional rent is now
due?
Yes (Rule 518).

4. In the case listed above, how would the Frequently

landlord/plaintiff collect the additional rent? Asked
Questions
File a new action.
Actions for the Recovery of Frequently
Asked
Questions
Possession of Real Property-Title 246
5. When should a constable issue a receipt?
Any time he exchanges money, whether from a
defendant or to a plaintiff (Rule 518).

6. Must a hearing be held in a landlord/tenant

dispute?
Yes (Rule 512).

7. According to Rule 514, the MDJ has to make

two decisions regarding the results of the
hearing. What are they?
A money judgment and the possession of real
property.

8. PA Title 246, Rule 519 outlines the

requirements for forcible entry for both non-
residential and residential leases. But is forcible
entry the best option for constables?
Actions for the Recovery of
Possession of Real Property-Title 246
The simple answer is no. Forcible entry should be
the last resort constables consider. While forcible
entry will assist in delivering possession of the real
property to the plaintiff it also has the potential
to present problems for the constable. Those
problems include charges of destruction of personal
property, accusations of theft and even claims
of trespass. Even more worrisome is the effect
that the passing of Castle Doctrine can have on
forcible entries. While the Castle Doctrine provides
language to protect a law enforcement officer
engaged in the performance of his duties, it is of
little solace if the resident assumed that forcible
entry was that of an intruder.

Frequently
Asked
Questions
CONSTABLE FIELD
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