Free Tenant Affidavit - Supplemental Instructions for Obtaining a Stay of Eviction - Pennsylvania

SUPPLEMENTAL INSTRUCTIONS FOR OBTAINING A STAY OF EVICTION ****IMPORTANT****PLEASE READ THESE INSTRUCTIONS CAREFULLY! This document contains important information about your case. Failure to comply with any instructions provided in these materials may cause you to be evicted before your appeal or writ is heard. 1. FOR TENANTS -- SUPERSEDEAS: If you are a tenant and you filed the notice

of appeal or praecipe for writ of certiorari, you must pay money into an escrow account to remain in the property until your appeal or writ is decided. This is called a "supersedeas." The supersedeas will suspend the magisterial district court judgment and will prevent your eviction until your case is heard by a judge and a final decision is made on the appeal or writ. IF YOU FAIL TO PAY YOUR MONTHLY RENT INTO ESCROW IN FULL AND ON TIME, YOU COULD BE EVICTED BEFORE YOUR APPEAL OR WRIT IS HEARD.

Begin by looking at the income limits attached to these instructions.

If your income is below the income limits, complete a Tenant's Affidavit, pursuant to Pa.R.C.P.M.D.J. No. 1008(C)(2) or 1013(C)(2). These affidavits are available on the website of the Administrative Office of Pennsylvania Courts (www.aopc.org). Then follow the instructions for low-income tenants below. There are several different options available; pick the option (A,B, or C) that best describes your situation.

If your income is higher than the income limits attached to these instructions, follow the instructions for D.

A. If you are a low-income tenant and there was a money judgment entered against you for non-payment of rent, and you HAVE NOT paid rent for the month in which the notice of appeal or praecipe for writ of certiorari is filed, you must: 1. File an in forma pauperis petition (a petition for low-income parties) pursuant to Pa.R.C.P. No. 240; 2. Pay one-third of your monthly rent into an escrow account with the prothonotary's office at the time the notice of appeal or praecipe for writ of certiorari ("praecipe") is filed; 3. Pay the remaining two-thirds (2/3) of your monthly rent into the escrow account within twenty (20) days of the date the notice of appeal or praecipe was filed; and 4. Pay your monthly rent on an ongoing basis into the escrow account in thirty (30) day intervals from the date the notice of appeal or praecipe was filed until the time of your trial. B. If you are a low-income tenant, and there was a money judgment against you for non-payment of rent, and you HAVE paid rent for the month in which the notice of appeal or praecipe for writ of certiorari ("praecipe") is filed, you do not have to pay rent at the time you file your notice of appeal or praecipe. You must: 1. File an in forma pauperis petition (a petition for low-income parties), pursuant to Pa.R.C.P. No. 240; 2. Pay your monthly rent on an ongoing basis into an escrow account with the prothonotary in thirty (30) day intervals from the date the notice of appeal or praecipe was filed until the time of trial. It is important to count the thirty (30) days exactly

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because the date of your payment will change depending on the number of days in a given month. C. If you are a low-income tenant, and no money judgment was entered against you for non-payment of rent, you do not have to pay rent at the time you file your notice of appeal or praecipe for writ of certiorari ("praecipe"). This option is to be used if at the magisterial district court hearing, the judge determined that you owed "zero" or "nothing" in rent. You must: 1. File an in forma pauperis petition (a petition for low-income parties), pursuant to Pa.R.C.P. No. 240; 2. Pay your monthly rent on an ongoing basis into an escrow account with the prothonotary in thirty (30) day intervals from the date the notice of appeal or praecipe was filed until the time of your trial. It is important to count the thirty (30) days exactly because the date of your payment will change depending on the number of days in a given month. D. If your income is higher than the income limits on the attached chart, you must: 1. Pay the fee to file a notice of appeal or praecipe for writ of certiorari ("praecipe"); 2. Pay the lesser of three (3) months' rent or the amount of rent awarded to the landlord in magisterial district court into an escrow account with the prothonotary's office at the time the notice of appeal or praecipe is filed; and 3. Pay your monthly rent into the escrow account in thirty (30) day intervals from the date the notice of appeal or praecipe was filed until the time of trial. It is important to count the thirty (30) days exactly because the date on your payment will change depending on the number of days in a given month.

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INCOME LIMITS

2008 HHS Poverty Income Guidelines Expressed in Monthly Amounts Size of Family Unit 1 2 3 4 5 6 7 8 For each additional person, add Poverty Guideline Monthly Amount $866.66 1,166.66 1,466.66 1,766.66 2,066.66 2,366.66 2,666.66 2,966.66 300.00

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