Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1000 - APPEALS › APPEAL › Rule 1008 - Appeal as Supersedeas

Current through Register Vol. 54, No. 28, July 13, 2024
A.
				  Receipt by the magisterial district judge of the copy of the notice of appeal
				  from the judgment shall operate as a
supersedeas
, except as
				  provided in subdivisions B and C of this rule.
B. When a tenant appeals from a judgment for
				  the possession of real property, receipt by the magisterial district judge of
				  the copy of the notice of appeal shall operate as a
supersedeas
only if the tenant at the time of filing the
				  notice of appeal, 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 notice of
				  appeal, based upon the magisterial district judge's order of judgment, 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
				  appeal are pending in the court of common pleas, such additional deposits to be
				  made within 30 days following the date of the appeal, 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 appeal
					 is pending to compensate the landlord for the tenant's actual possession and
					 use of the premises during the pendency of the appeal.
In the event the tenant 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 the
					 rule at the time of filing the appeal, the prothonotary shall make upon the
					 notice of appeal and its copies a notation that it will operate as a
supersedeas
when received by the magisterial district
					 judge.
C.
Indigent
				  Tenants
(1) Residential tenants who
				  seek to appeal from 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
				  C(2).
(2) The tenant's affidavit
				  shall be substantially in one of the following two forms:
TENANT'S
SUPERSEDEAS
AFFIDAVIT
					 (NON-SECTION.
I, __________ (print name and address here), have filed a
					 notice of appeal from 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 supplemental
					 instructions for obtaining a stay pending appeal 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 notice of appeal from 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 supplemental instructions for obtaining a
					 stay pending appeal 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 notice
				  of appeal is filed, the tenant shall pay into an escrow account with the
				  prothonotary the monthly rent in 30-day intervals from the date the notice of
				  appeal was filed; or
(b) If the
				  rent has not been paid at the time of filing the notice of appeal, the tenant
				  shall pay:
(i) at the time of filing the
				  notice of appeal, 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 notice of
				  appeal; and
(iii) additional
				  deposits of one month's rent in full each 30 days after filing the notice of
				  appeal. 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 appeal is taken 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 appeal is pending to
				  compensate the landlord for the tenant's actual possession and use of the
				  premises during the pendency of the appeal.
(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.