Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 24616. Appeal;  procedure;  hearing;  framing issue

Any person or persons interested who may be aggrieved by any order or notice of said Department of Public Health, as herein provided, may appeal to any court of common pleas of the county in which the property in question is situate, if within five days after the posting and service of notice, as herein provided for, such person or persons shall give notice, in writing, to said department of intention so to do, and within five days thereafter shall present a petition to such court of common pleas, stating the reasons for resisting such order or notice.  Upon the presentation of such petition, the court may enter an order superseding such order or notice pending hearing, providing the petitioner shall file a bond, with approved security, in such amount and upon such conditions as the court shall deem proper under the circumstances.  Upon presenting such petition, the petitioner shall also file proof of service upon the said Department of Public Health of notice of intention to present such petition, and the time when it shall be presented, together with a copy of said petition.  The court shall thereupon proceed summarily to hear and determine the said appeal:  Provided, however, That if at such hearing the petitioner shall demand a trial by jury, and if the order or notice of the Department of Public Health in question shall be of such a character that its enforcement would affect the rights of the petitioner, concerning the determination of which, trial by jury is granted by the Constitution of the Commonwealth, the court shall direct an issue to be framed to determine such matters as may be within the right of a trial by jury, and advance said case to the head of next trial-list of said court;  and, pending such trial, the court may enter an order superseding any such order or notice of the Department of Public Health, upon the petitioner filing a bond, with approved security, in such an amount and upon such conditions as to the court shall seem proper.