246 Pa. Code § 514.1 - Domestic Violence Affidavit
A. A
tenant in a residential lease action who is a victim of domestic violence may
file a domestic violence affidavit with the magisterial district court in order
to stay the execution of an order for possession.
B. The domestic violence affidavit shall be
on a form prescribed by the State Court Administrator and shall require the
tenant to affirm that he or she is a victim of domestic violence.
C. The filing of the domestic violence
affidavit with the magisterial district court shall stay the execution of an
order for possession. The stay will terminate as of the filing of an appeal
with the prothonotary pursuant to Rule 1002, 30 days after the date of entry of
the judgment, or by order of the court of common pleas, whichever is
earlier.
D. The magisterial district
court shall enter the domestic violence affidavit on the docket of the
residential lease action.
E. The
magisterial district court shall serve a copy of the domestic violence
affidavit on the landlord by mailing it to the landlord at the address as
listed on the complaint form filed in the magisterial district court or as
otherwise appearing in the records of that office, or the attorney of record,
if any, of the landlord.
F. The
tenant shall attach a copy of the domestic violence affidavit to an appeal
filing made pursuant to Rule 1002.
G. The domestic violence affidavit is not a
public record and it shall not be publically accessible.
Notes
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