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Any Attempted Eviction of a Tenant in Pennsylvania is IllegalByAnthony J. Fejfar, B.A., J.D., Esq., Coif Member of the United States Supreme Court Bar The Pennsylvania Landlord Tenant Act of 1951, whichappears to be in force in Pennsylvania, provides a minimal procedure and jurisdiction for the Ejectment of a Tenant, at Law,for an alleged non-payment of rent. Jurisdiction is vested in theJustice of the Peace court and the Common Pleas Court. There isno jurisdiction for an Ejectment for an alleged breach of a LeaseCovenent. Also, there is no jurisdiction for bringing an evictionaction. An eviction action and an ejectment action are not thesame. Eviction typically does not involve a jury trial and does notdeal with title to the property. Eviction clearly violatesSubstantive and Procedural Due Process, and Magna Charta, andthus is clearly unconstitutional and the landlord, landlord’sattorney, and the judge will have civil and criminal liability under 42 United States Code section 1983 and 18 United States Code
 
section 242. Additionally, the Landlord Tenant Act of 1951 inPennsylvania is unconstitutional because it allows for self-helpejectment prior to an adversarial jury trial and a valid pretrial procedure. See, the United States Supreme Court Case, Lugar vs.Edmondson Oil, Corp., 457 U.S. 922 (1982) and In Re Adams, 65B.R. 646 (1986). Additionally, the Landlord Tenant Act isconstitutionally deficient because it does not provide a fair andreasonable procedure. Service of Process by posting or Mail isunconstitutional. Under the Pennsylvania Civil Procedure Rules,service of process can only be made by Sheriff’s Service. Whenservice of process is made, the Sheriff must allow the Tenant toreview the Civil Complaint in Ejectment for purposes of filing aSpecial Appearance objecting to In Personam Jurisdiction or Subject Matter Jurisdiction. Additionally, given the LandlordTenant Act’s restriction of Jurisdiction to Ejectment for an allegednon-payment of rent, Ejectment can only be for an alleged non- payment or rent, and not for the breach of an alleged leasecovenant. Moreover, in alleged right of the Landlord to evict the
 
Tenant in the lease is unlawful on the part of the Landlord, sincethere is only a procedure for Ejectment not eviction. Finally, itshould be noted that in an action for Ejectment by the Landlord,the Tenant has the right to assert defenses and counterclaims based on:1.Landlord Housing Code Violations2.Landlord Breach of the Implied Warranty of Habitability3.Landlord Breach of Lease Covenants4.Landlord violation of the Federal Fair Housing Act5.Landlord violation of the Federal American’s withDisabilities Act6.Landlord violaton of 42 United States Code section1983, for violating the Tenant’s Civil Rights7.Violation of the Pennsylvania Consumer Protection ActAdditionally, the Tenant has a right to a have the Landlord filesuit with the Clerk of the Court or Prothonatary where a Docketand Page number is assigned, and where there is a valid pretrial procedure, and where there is a Jury Trial where the Rules of 
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