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.
Comment: This rule establishes procedures for an individual to file an intervention request in an action commenced pursuant to Pa.R.Civ.P.M.D.J. 502 and present a defense to the complaint.
While Pa.R.Civ.P.M.D.J. 210(b) generally prohibits the addition of a party after the complaint is filed, Pa.R.Civ.P.M.D.J. 513.1 permits the addition of a party in the limited circumstance of an individual requesting to intervene in an action. Allowing the magisterial district court to consider such matters serves the general interests of the parties by avoiding delays that could occur by seeking relief at the court of common pleas.
At the hearing, the magisterial district judge will first consider and decide the request to intervene in the action. The requester must present evidence and testimony at the hearing in support of the request to intervene. Examples of evidence include, but are not limited to, a written lease, copies of cancelled checks, and receipts. See Pa.R.Civ.P.M.D.J. 512. If the magisterial district judge grants the intervention request, the requester shall be added to the action as a tenant and the hearing shall proceed on the underlying action.
If the requester is added to the case as a tenant, he or she may be liable for any judgment entered in favor of the landlord, including property damage, back rent, court costs and fees.
See Pa.R.Civ.P.M.D.J. 508 for provisions regarding cross-complaints in landlord-tenant actions, generally. Subdivision (g)(3) requires filing of a cross-complaint at the same time as the intervention request to ensure the underlying matter proceeds in a relatively expeditious manner.
Source The provisions of this Rule 513.1 added April 25, 2024, effective January 1, 2025, 54 Pa.B. 2482.
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