Rule 1013 Writ of Certiorari as Supersedeas

(a) Receipt of a 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).

(b) Writ of Certiorari; Possession of Real Property.

(1) Tenant Escrow. 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:

(i) at the time of filing the writ, deposits with the prothonotary either 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’’), based upon the judgment entered by the magisterial district judge; and

(ii) thereafter, deposits either a sum of money or bond with the prothonotary 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. Subsequent deposits shall be made within 30 days following the date of the filing of the praecipe and each successive 30-day period thereafter.

(2) Release of Escrow to Landlord. Upon the landlord’s application, the court shall release appropriate sums from the escrow account on a continuing basis while the writ is pending and, if the writ is granted while the ensuing proceeding is pending, to compensate the landlord for the tenant’s actual possession and use of the premises.

(3) Notation. When the deposit of money or bond is made pursuant to subdivision (b)(1)(i) at the time of the filing of the praecipe, the prothonotary shall make a notation upon the writ and its copies that it shall operate as a supersedeas when received by the magisterial district judge.

(4) Failure to Deposit Sums of Money or Bond. Notice of Default. If the tenant filing the praecipe fails to deposit the required sums of money or bond 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.

(c) Indigent Tenants.

(1) Inability to Deposit Escrow. Residential tenants who seek to file a praecipe involving a magisterial district court judgment for possession and who do not have the ability to deposit 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: [Caption] TENANT’S SUPERSEDEAS AFFIDAVIT NON-HOUSING CHOICE VOUCHER PROGRAM PARTICIPATION

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. I do not have the financial ability to deposit 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 application to waive fees and costs (in forma pauperis) 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.

… DateSIGNATURE OF TENANT

OR [Caption] SECTION 8 TENANT’S SUPERSEDEAS AFFIDAVIT HOUSING CHOICE VOUCHER PROGRAM PARTICIPATION

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. I do not have the financial ability to deposit 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 application to waive fees and costs (in forma pauperis) 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 Housing Choice Voucher Program, also known as Section 8, 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 Housing Choice Voucher Program 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.

… DateSIGNATURE OF TENANT

(3) Deposit of Rent into Escrow.

(i) If the rent has already been paid to the landlord in the month in which the praecipe is filed, the tenant shall deposit into an escrow account with the prothonotary the monthly rent in 30-day intervals from the date the praecipe was filed; or

(ii) If the rent has not been paid at the time of filing the praecipe, the tenant shall deposit:

(A) at the time of filing the praecipe, a sum of money equal to one-third of the monthly rent;

(B) an additional deposit of two-thirds of the monthly rent within 20 days of filing the praecipe; and

(C) 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, pertaining to the contents of the magisterial district judge’s judgment. However, when the tenant is a participant in the Housing Choice Voucher Program, the tenant shall pay the tenant share of the rent as set forth in the ‘‘Tenant’s Supersedeas Affidavit, Housing Choice Voucher Program Participant’’ filed by the tenant.

(4) Instructions. 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 https://www.pacourts.us.

(5) Issuance. When the requirements of subdivisions (c)(2)-(3) have been met, the prothonotary shall issue a supersedeas.

(6) Release of Escrow Deposits to Landlord. 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) Failure to Make Monthly Deposits. If the tenant fails to make monthly rent deposits 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) Failure to Satisfy Conditions. 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), 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) Striking or Termination of Writ. If a writ of certiorari is stricken, dismissed, or discontinued, any supersedeas based on it shall terminate. The prothonotary shall release the deposits of rent to the landlord.