Bell v. Gerber

ACKER, J.,

The matter for determination arises from a rule to show cause why an appeal in a civil action from a district magistrate should not be stricken. The sole basis advanced is that notice of the appeal was given to the district magistrate by ordinary mail only. There is no attack upon the appeal *218itself in any other regard. It is the position of the appellee that the Pennsylvania Rules of Civil Procedure for Justices of the Peace specifically control this matter. Rule 1005A provides:

“The appellant shall by personal service or by certified or registered mail serve a copy of his notice of…