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.
D. If
a writ of certiorari is stricken, dismissed, or discontinued,
any supersedeas based on it shall terminate. The prothonotary
shall pay the deposits of rental to the landlord.
Notes
The
provisions of this Rule 1013 amended through June 30, 1982, effective
8/16/1982, 12 Pa.B. 2266;
amended March 28, 1996, effective 3/29/1996, 26 Pa.B. 1691; amended May 2, 2008,
effective 5/15/2008, 38 Pa.B.
2040; amended July 16, 2012, effective immediately, 42 Pa.B. 4913; amended
August 16, 2013, effective 9/15/2013, 43 Pa.B. 4969; amended August 19,
2020, effective 1/1/2021, 50
Pa.B. 4491.
