Rule 514.1 Domestic Violence Affidavit

The appeal period for a tenant who is a victim of domestic violence in a case arising out of a residential lease is 30 days. See Pa.R.Civ.P.M.D.J. 1002B(2)(a); see also 68 P.S. § 250.513(b). A tenant who is a victim of domestic violence may file a domestic violence affidavit with the magisterial district court to prevent the execution of an order for possession prior to filing an appeal. The filing of the affidavit will prohibit the execution of an order for possession until after the 30th day following the date of entry of judgment, giving the tenant time to make the necessary appeal filing with the prothonotary pursuant to Pa.R.Civ.P.M.D.J. 1002B(2)(a). If the tenant does not file a domestic violence affidavit with the magisterial district court within 21 days following the date of entry of judgment, the tenant is at risk of eviction. The domestic violence affidavit may only be filed during the period between the entry of the judgment in the magisterial district court and the filing of an appeal with the prothonotary, but no later than 30 days after the date of judgment.

The domestic violence affidavit set forth in subdivision (b) shall contain the name of the tenant who is a victim of domestic violence, the name of the perpetrator, the perpetrator’s relationship to the tenant, and the docket number for any protection from abuse case involving the tenant who is a victim of domestic violence and the perpetrator. The affidavit shall contain the tenant’s verification that the statements made in the affidavit are true and correct to the best of the tenant’s knowledge, information, and belief, and that any false statements are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

No posting of money or bond is required to obtain a stay with the filing of a domestic violence affidavit. However, upon the filing of an appeal pursuant to Pa.R.Civ.P.M.D.J. 1002B(2)(a), the stay is lifted, and the supersedeas requirements of Pa.R.Civ.P.M.D.J. 1008 shall apply.

If the landlord wishes to challenge the affidavit of domestic violence, the landlord shall only do so by filing an appropriate motion in the court of common pleas. No action challenging the domestic violence affidavit on any grounds shall be filed in the magisterial district court.

This rule establishes that the domestic violence affidavit is not a public record and shall not be publicly accessible. See Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, Section 9.0F.