Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1000 - APPEALS › CERTIORARI › Rule 1013 - Writ of Certiorari as Supersedeas

Current through Register Vol. 54, No. 28, July 13, 2024
A. Receipt of the writ of
certiorari
by the magisterial district judge to whom it was
				  directed shall operate as a
supersedeas
, except as provided in
				  subdivisions B and C of this rule.
B. When a tenant obtains a writ of
certiorari
involving a judgment for the possession of real
				  property, receipt of the writ by the magisterial district judge shall operate
				  as a
supersedeas
only if the tenant obtaining the writ at the
				  time of filing the writ, deposits with the prothonotary a sum of money (or a
				  bond, with surety approved by the prothonotary) equal to the lesser of three
				  months' rent or the rent actually in arrears on the date of the filing of the
praecipe
for writ of
certiorari
("
praecipe
"), as determined by the magisterial district judge,
				  and, thereafter, deposits cash or bond with the prothonotary in a sum equal to
				  the monthly rent that becomes due during the period of time the proceedings
				  upon writ are pending in the court of common pleas, such additional deposits to
				  be made within 30 days following the date of the filing of the
praecipe
, and each successive 30-day period thereafter.
Upon application by the landlord, the court shall release
					 appropriate sums from the escrow account on a continuing basis while the writ
					 is pending and while the ensuing proceeding is pending (in the event the writ
					 is granted) to compensate the landlord for the tenant's actual possession and
					 use of the premises during the pendency of the writ and during the pendency of
					 the ensuing proceeding (in the event the writ is granted).
In the event that the tenant filing the
praecipe
fails to deposit the sums of money, or bond, required
					 by this rule when such deposits are due, the prothonotary, upon
praecipe
filed by the landlord, shall terminate the
supersedeas
. Notice of the termination of the
supersedeas
shall be forwarded by first class mail to the
					 attorneys of record, or, if a party is unrepresented to the party's last known
					 address of record.
When the deposit of money or bond is made pursuant to this
					 Rule at the time of the filing of the
praecipe
, the
					 prothonotary shall make upon the writ and its copies a notation that the writ
					 will operate as a
supersedeas
when received by the magisterial
					 district judge.
C.
Indigent Tenants
(1)
				  Residential tenants who seek to file a
praecipe
involving a
				  magisterial district court judgment for possession and who do not have the
				  ability to pay the lesser of three months' rent or the full amount of the
				  magisterial district court judgment for rent shall file with the office of the
				  prothonotary a tenant's affidavit, as set forth in subdivision B(2).
(2) The tenant's affidavit shall be
				  substantially in one of the following two forms:
TENANT'S
SUPERSEDEAS
AFFIDAVIT
					 (NON-SECTION 8).
I, _______ (print name and address here), have filed a
praecipe
for a writ of
certiorari
to review a
					 magisterial district court judgment awarding to my landlord possession of real
					 property that I occupy, and I do not have the financial ability to pay the
					 lesser of three times my monthly rent or the judgment for rent awarded by the
					 magisterial district court. My total household income does not exceed the
					 income limits set forth in the instructions for obtaining a stay pending
					 issuance of a writ of
certiorari
and I have completed an
in forma pauperis
(IFP) affidavit to verify this. I have/have
					 not (cross out the one that does not apply) paid the rent this month.
I verify that the statements made in this affidavit are
					 true and correct to the best of my knowledge, information, and belief. I
					 understand that false statements herein are made subject to the penalties of
					 18 Pa.C.S. §
													4904,
					 relating to unsworn falsification to authorities.
___ _____________
Date SIGNATURE OF TENANT
OR
SECTION 8 TENANT'S
SUPERSEDEAS
AFFIDAVIT
I, (print name and address here), have filed a
praecipe
for a writ of
certiorari
to review a
					 magisterial district court judgment awarding my landlord possession of real
					 property that I occupy, and I do not have the financial ability to pay the
					 lesser of three times my monthly rent or the actual rent in arrears. My total
					 household income does not exceed the income limits set forth in the
					 Instructions for obtaining a stay pending issuance of writ of
certiorari
and I have completed an
in forma
					 pauperis
(IFP) affidavit to verify this. I have/have not (cross out
					 the one that does not apply) paid the rent this month.
The total amount of monthly rent that I personally pay to
					 the landlord is $ . I hereby certify that I am a participant in the Section 8
					 program and I am not subject to a final (
i.e.
, non-appealable)
					 decision of a court or government agency that terminates my right to receive
					 Section 8 assistance based on my failure to comply with program rules.
I verify that the statements made in this affidavit are
					 true and correct to the best of my knowledge, information and belief. I
					 understand that false statements herein are made subject to the penalties of
					 18 Pa.C.S. §
													4904,
					 relating to unsworn falsification to authorities.
____ __________________
Date SIGNATURE OF TENANT
(3)
(a) If
				  the rent has already been paid to the landlord in the month in which the
praecipe
is filed, the tenant shall pay into an escrow account
				  with the prothonotary the monthly rent in 30-day intervals from the date the
praecipe
was filed; or
(b) If the rent has not been paid at the time
				  of filing the
praecipe
, the tenant shall pay:
(i) at the time of filing the
praecipe
, a sum of money equal to one third (1/3) of the
				  monthly rent;
(ii) an additional
				  deposit of two thirds (2/3) of the monthly rent within 20 days of filing the
praecipe
; and
(iii) additional deposits of one month's rent
				  in full each 30 days after filing the
praecipe
. The amount of
				  the monthly rent is the sum of money found by the magisterial district judge to
				  constitute the monthly rental for the leasehold premises pursuant to Rule 514A.
				  However, when the tenant is a participant in the Section 8 program, the tenant
				  shall pay the tenant share of the rent as set forth in the "Section 8 Tenant's
Supersedeas
Affidavit" filed by the tenant.
(4) The prothonotary's
				  office of the court of common pleas in which the
praecipe
is
				  filed shall provide residential tenants who have suffered a judgment for
				  possession with a "Supplemental Instructions for Obtaining a Stay of Eviction"
				  as it appears on the Forms page of the website of the Unified Judicial System
				  of Pennsylvania at
www.pacourts.us
.
(5) When the requirements of subdivisions
				  C(2)-(3) have been met, the prothonotary shall issue a
supersedeas
.
(6)
				  Upon application by the landlord, the court shall release appropriate sums from
				  the escrow account on a continuing basis while the writ is pending and while
				  the ensuing proceeding is pending (in the event the writ is granted) to
				  compensate the landlord for the tenant's actual possession and use of the
				  premises during the pendency of the writ and during the pendency of the ensuing
				  proceeding (in the event the writ is granted).
(7) If the tenant fails to make monthly rent
				  payments to the prothonotary as described in subdivision C(3), the
supersedeas
may be terminated by the prothonotary upon
praecipe
by the landlord or other party to the action. Notice
				  of the termination of the
supersedeas
shall be forwarded by
				  first class mail to the attorneys of record, or, if a party is unrepresented,
				  to the party's last known address of record.
(8) If the court of common pleas determines,
				  upon written motion or its own motion, that the averments within any of the
				  tenant's affidavits do not establish that the tenant meets the terms and
				  conditions of subdivision C(1),
supra
, the court may terminate
				  the
supersedeas
. Notice of the termination of the
supersedeas
shall be forwarded by first class mail to the
				  attorneys of record, or, if a party is unrepresented, to the party's last known
				  address of record.