246 Pa. Code § 515 - Request for Order for Possession
A. If the magisterial district judge has
rendered a judgment arising out of a non-residential lease that the real
property be delivered up to the landlord, the landlord may, after the 15th day
following the date of the entry of the judgment, file with the magisterial
district judge a request for an order for possession. The request shall include
a statement of the judgment amount, return, and all other matters required by
these rules.
B.
(1) Except as otherwise provided in
subdivision B(2), if the magisterial district judge has rendered a judgment
arising out of a residential lease that the real property be delivered up to
the landlord, the landlord may after the 10th day but within 120 days following
the date of the entry of the judgment, file with the magisterial district judge
a request for an order for possession. The request shall include a statement of
the judgment amount, return, and all other matters required by these
rules.
(2) In a case arising out of
a residential lease, if before the landlord requests an order for possession,
(a) an appeal or writ of
certiorari operates as a supersedeas;
or
(b) proceedings in the matter
are stayed pursuant to a bankruptcy proceeding or other federal or state law;
and
(c) the
supersedeas or the bankruptcy or other stay is subsequently
stricken, dismissed, lifted, or otherwise terminated so as to allow the
landlord to proceed to request an order for possession,
the landlord may request an order for possession only within 120 days of the date the supersedeas or the bankruptcy or other stay is stricken, dismissed, lifted, or otherwise terminated.
Notes
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