APPEALS CHAPTER 1000.

APPEALS

246

APPELLATE PROCEEDINGS WITH RESPECT TO JUDGMENTS AND OTHER DECISIONS OF MAGISTERIAL DISTRICT JUDGES IN CIVIL MATTERS
Rule

1001.

Definitions.

APPEAL
1002. 1003. 1004. 1005. 1006. 1007. 1008. Time and Method of Appeal. Bond for Appeal. Filing Complaint or Praecipe on Appeal. Appeals Involving Cross-Complaints. Service of Notice of Appeal and Other Papers. Striking Appeal. Procedure on Appeal. Appeal as Supersedeas.

CERTIORARI
1009. 1010. 1011. 1012. 1013. 1014. 1015. Praecipe for Writ of Certiorari. Bond for Writ of Certiorari. Issuance and Service of Writ of Certiorari. Return by Magisterial District Judge. Writ of Certiorari as Supersedeas. Orders of Court in Certiorari Proceedings. Certiorari and Appeal Not Permitted.

STATEMENT OF OBJECTION
1016. 1017. 1018. 1019. 1020. 1081. 1082. Statement of Objection to Rule 420 Orders and Determinations. Form and Content of Statement of Objection. Duties of Magisterial District Judge Upon Receipt of Statement of Objection. Consideration of Statement of Objection by Court of Common Pleas. Statement of Objection to Operate as Stay. Acts of Assembly Suspended. Acts of Assembly Not Suspended.

Since these rules are a chapter of the rules of civil procedure governing actions and proceedings before magisterial district judges, the rules in Chapter 200 also apply.

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APPELLATE PROCEEDING WITH RESPECT TO JUDGMENTS AND OTHER DECISIONS OF MAGISTERIAL DISTRICT JUDGES IN CIVIL MATTERS

Rule 1001. Definitions.

As used in this chapter: (1) JudgmentA judgment rendered by a magisterial district judge under Rule 319, 322 or 514. (2) AppealAn appeal from a judgment to the court of common pleas. (3) CertiorariAn examination by the court of common pleas of the record of proceedings before a magisterial district judge to determine questions raised under Rule 1009A. (4) SupersedeasA prohibition against any further execution processes on the judgment affected thereby. (5) Court of common pleasThe court of common pleas of the judicial district in which is located the magisterial district wherein the questioned action of the magisterial district judge took place. (6) ClaimantIncludes a defendant with respect to a defendants crosscomplaint or supplementary action filed pursuant to Rule 342 in the action before the magisterial district judge. (7) DefendantIncludes a plaintiff with respect to the defendants crosscomplaint or supplementary action filed pursuant to Rule 342 in the action before the magisterial district judge. (8) Service by certified or registered mailThe mailing of properly addressed certified or registered mail. (9) Proof of serviceA verified written statement that service was made by personal service or by certified or registered mail, with the senders receipt for certified or registered mail attached thereto if service was made by mail.
Official Note: Although one of the purposes of the definitions in this rule is to avoid needless repetition throughout these appellate rules, some of the definitions are intended to state or clarify the law as well. In connection with the definition of appeal in subdivision (2), see also Rule 1007 and the note thereto. Under subdivision (3), certiorari is restricted to an examination of the record of the proceedings before the magisterial district judge, which will appear on the complaint forms prescribed by the State Court Administrator. See Flaherty v. Atkins, 189 Pa. Super. 550, 152 A.2d 280 (1959). This is a narrow form of certiorari, both with respect to procedure and the matters which can be considered under Rule 1009A. Since an aggrieved party will be entitled to a broad form of appeal de novo under these rules, there seems to be no justification for providing also for a broad form of certiorari. These restrictions on the writ of certiorari are authorized by 26 of the Schedule to Article V of the 1968 Constitution. The writ of error, which at common law was probably available only to review the proceedings of a court of record (see Beale v. Dougherty, 3 Binn. 432 (1811)), is not a form of appellate process permitted by these rules. See also County of Carbon v. Leibensperger, 439 Pa. 138, 266 A.2d 632 (1970) (court of common pleas cannot issue writ of prohibition).

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The definition of supersedeas in subdivision (4) points out the proper office and limited nature of a supersedeas. See also Rules 1008 and 1013 and the notes thereto. Under subdivision (9), there is no requirement that the senders receipt for certified mail be postmarked. There is no return receipt requirement for certified or registered mail. It is no longer necessary that the proof of service be under oath or affirmation; however, the statement is now made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Source The provisions of this Rule 1001 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875; amended April 5, 2002, effective January 1, 2003, 32 Pa.B. 2199. Immediately preceding text appears at serial pages (212922) and (272497).

APPEAL

Rule 1002. Time and Method of Appeal.

A. A party aggrieved by a judgment for money, or a judgment affecting the delivery of possession of real property arising out of a nonresidential lease, may appeal therefrom within thirty (30) days after the date of the entry of the judgment by filing with the prothonotary of the court of common pleas a notice of appeal on a form which shall be prescribed by the State Court Administrator together with a copy of the Notice of Judgment issued by the magisterial district judge. The Prothonotary shall not accept an appeal from an aggrieved party which is presented for filing more than thirty (30) days after the date of entry of judgment without leave of Court and upon good cause shown. B. A party aggrieved by a judgment for the delivery of possession of real property arising out of a residential lease may appeal therefrom within ten (10) days after the date of the entry of judgment by filing with the prothonotary of the court of common pleas a notice of appeal on a form which shall be prescribed by the State Court Administrator, together with a copy of the Notice of Judgment issued by the magisterial district judge. The prothonotary shall not accept an appeal from an aggrieved party which is presented for filing more than ten (10) days after the date of entry of judgment without leave of court and upon good cause shown.
Official Note: The thirty day limitation in subdivision A of this rule is the same as that found in the Judicial Code 5571(b), 42 Pa.C.S. 5571(b), as amended by 10(67) of the Judiciary Act Repealer Act, Act of April 28, 1978, P. L. 202, No. 53. The ten day limitation in subdivision B of this rule is designed to implement the time for appeal set forth in 513 of the Landlord and Tenant Act of 1951 (Act No. 1995-33, approved July 6, 1995) (Act No. 1995-33 was suspended by the Pa. Supreme Court on March 28, 1996 by Order of Court insofar as the Act is inconsistent with Rules of Civil Procedure Governing Actions and Proceedings Before District Justices, as adopted by that Order.). The two subdivisions of this rule are intended to clarify that where the right of possession of residential real estate is at issue, the shorter, ten day period for appeal applies; where the appeal is taken from any judgment for money, or a judgment affecting a nonresidential lease, under these rules, the thirty day period of time for appeal applies. A party may appeal the money portion of a judgment only within the thirty day appeal

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period specified in subsection A of this rule. It is the intent of this rule that no supersedeas under Pa.R.C.P.D.J. No. 1008 shall be issued by the Prothonotary after the ten (10) day period for filing an appeal, unless by order of court. The method of appeal is by filing with the prothonotary a notice of appeal on a form to be prescribed by the State Court Administrator. Copies of this same form will be used for service under Pa.R.C.P.M.D.J. No. 1005. This permits use of the same form for filing and service. No useful purpose would be served by having two forms, one called an appeal for filing and another called a notice of appeal for service. The 1990 amendment is intended to encourage the complete utilization of the hearing process available before the magisterial district judge. A copy of the Notice of Judgment must be filed since it will contain the separate entries required by Pa.R.C.P.M.D.J. No. 514.A and will be needed by the Prothonotary.

Source The provisions of this Rule 1002 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended March 28, 1996, effective March 29, 1996, 26 Pa.B. 1691; amended December 15, 2000, effective January 1, 2001, 30 Pa.B. 6882; corrected July 28, 2006, effective January 1, 2001, 36 Pa.B. 3997. Immediately preceding text appears at serial pages (309577) to (309578).

Rule 1003. Bond for Appeal.

No bond or other security shall be required for appeal.
Official Note: No bond or other security is required for taking an appeal. Such a requirement would seem to be contrary to Article V, 9, of the Constitution, although this section of the Constitution would not prevent requiring a bond for a supersedeas. See Rule 1008.

Rule 1004. Filing Complaint or Praecipe on Appeal. Appeals Involving

Cross-Complaints. A. If the appellant was the claimant in the action before the magisterial district judge, he shall file a complaint within twenty (20) days after filing his notice of appeal. B. If the appellant was the defendant in the action before the magisterial district judge, he shall file with his notice of appeal a praecipe requesting the prothonotary to enter a rule as of course upon the appellee to file a complaint within twenty (20) days after service of the rule or suffer entry of a judgment of non pros. C. When judgments have been rendered on complaints of both the appellant and the appellee and the appellant appeals from the judgment on his complaint or on both complaints, the appellee may assert his claim in the court of common pleas by pleading it as a counterclaim if it can properly be so pleaded in that court. If the appellant appeals only from the judgment on his complaint, the

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appellee may appeal from the judgment on his complaint at any time within thirty (30) days after the date on which the appellant served a copy of his notice of appeal upon the appellee.
Official Note: The twenty days allowed the claimant-appellant under subdivision A will give him time to consider, among other things, matters under Rule 1007B. The procedure upon failure to file a complaint pursuant to a rule to do so entered under subdivision B will be governed by the Rules of Civil Procedure (Pa. R.C.P. No. 1037(a)). The landlords complaint in an appeal from a judgment concerning the possession of real property will contain the same material averments as those required under Rule 503C, an averment that the tenant claims possession of the property being substituted for an averment that he retains it if he has vacated the property or has been ejected from it. See, as to this general requirement of pleading, Palethorp v. Schmidt, 12 Pa. Super. 214 (1900). See also the note to Rule 1081(30). Subdivision C permits the appellee, when there were cross-complaints in the action before the magisterial district judge and the appellant appeals from the judgment on his complaint or on both complaints, to assert his claim by way of a counterclaim in the court of common pleas if the claim is cognizable as a counterclaim in that court. However, even when this procedure is permissible, the appellee must, if he desires to use it, still give a notice of appeal under Rule 1002, with the time extension allowed by subdivision C (see the Judicial Code, 5571(f) 42 Pa.C.S. 5571(f)), if he intends to appeal from the judgment on his complaint and the appellant has not appealed from that judgment, although in such a case subdivision A of Rule 1004 will not be applicable. If the appellee can and intends to avail himself of the procedure permitted by subdivision C, he need not obey any rule to file a complaint served upon him under subdivision B. All judgments entered must be appealed to preserve all issues, if such issue can be properly pleaded in the court of common pleas. This is of particular importance under subdivision C, where both complaints must be appealed to preserve all issues. See Borough of Downingtown v. Wagner, 702 A.2d 593 (Pa. Cmwlth. 1997). Adopted June 1, 1971. Amended Oct. 17, 1975, effective in 90 days; April 25, 1979, effective in 30 days; June 30, 1982, effective 30 days after July 17, 1982; amended December 15, 2000, effective January 1, 2001. Source The provisions of this Rule 1004 amended through April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended December 15, 2000, effective January 1, 2001, 30 Pa.B. 6882. Immediately preceding text appears at serial pages (212924) to (212925).

Rule 1005. Service of Notice of Appeal and Other Papers.

A. The appellant shall by personal service or by certified or registered mail serve a copy of his notice of appeal upon the appellee and upon the magisterial district judge in whose office the judgment was rendered. If required by Rule 1004B to request a rule upon the appellee to file a complaint, he shall also serve the rule by personal service or by certified or registered mail upon the appellee. The address of the appellee for the purpose of service shall be his address as listed on the complaint form filed in the office of the magisterial district judge or as otherwise appearing in the records of that office. If the appellee has an attorney of record named in the complaint form filed in the office of the magisterial

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district judge, the service upon the appellee may be made upon the attorney of record instead of upon the appellee personally. B. The appellant shall file with the prothonotary proof of service of copies of his notice of appeal, and proof of service of a rule upon the appellee to file a complaint if required to request such a rule by Rule 1004B, within ten (10) days after filing the notice of appeal. C. In lieu of service and proof of service pursuant to subparagraphs A. and B. of this Rule, the court of common pleas may, by local rule, permit or require that the appellant file with the notice of appeal a stamped envelope pre-addressed to the appellee at his address as listed on the complaint form filed in the office of the magisterial district judge or as otherwise appearing in the records of that office, or the attorney of record, if any, of the appellee, and a stamped envelope pre-addressed to the magisterial district judge in whose office the judgment was rendered. Copies of the notice of appeal, and Rule pursuant to 1004B, if applicable, shall thereupon be mailed by the prothonotary or court by first class mail, with such service and any return being noted on the courts docket. D. The party filing a complaint under Rule 1004 shall forthwith serve it upon the opposite party in the appeal by leaving a copy for or mailing a copy to him at his address as shown in the magisterial district court records mentioned in subdivision A of this rule. If the opposite party has an attorney of record either in the magisterial district court or court of common pleas proceeding, service upon the opposite party may be made upon the attorney of record instead of upon the opposite party personally. E. Service and proof of service may be made by attorney or other agent.
Official Note: Subdivision A requires service of a copy of the notice of appeal upon the magisterial district judge as well as upon the appellee, or his attorney of record. This copy, when received by the magisterial district judge, may operate as a supersedeas under Rule 1008. As to subdivision B, there is no return receipt requirement for service by certified or registered mail and consequently no such receipt need be filed with the prothonotary, although if service is by certified or registered mail the senders receipt must be attached to the proof of service. See Rule 1001(9) and the last paragraph of the note to Rule 1001. The notice of appeal and the proof of service may be filed simultaneously. See also Rule 1006 and its note. Subdivision C prescribes a pleading type service of the complaint, which may be made by ordinary mail, upon the opposite party in the appeal or his attorney of record. Source The provisions of this Rule 1005 amended through October 10, 1980, effective November 10, 1980, 10 Pa.B. 4032; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900. Immediately preceding text appears at serial pages (152397) to (152398).

Rule 1006. Striking Appeal.

Upon failure of the appellant to comply with Rule 1004A or Rule 1005B, the prothonotary shall, upon praecipe of the appellee, mark the appeal stricken from the record. The court of common pleas may reinstate the appeal upon good cause shown.
Official Note: limits prescribed. This rule is intended to provide sanctions for failing to act within the time

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Source The provisions of this Rule 1006 amended October 10, 1980, effective November 10, 1980, 10 Pa.B. 4032. Immediately preceding text appears at serial page (43190).

Rule 1007. Procedure on Appeal.

A. The proceeding on appeal shall be conducted de novo in accordance with the Rules of Civil Procedure that would be applicable if the action was initially commenced in the court of common pleas. B. Except as otherwise provided in subdivision C, the action upon appeal may not be limited with respect to amount in controversy, joinder of causes of action or parties, counter-claims, added or changed averments or otherwise because of the particulars of the action before the magisterial district judge. C. When an appeal is taken from a supplementary action filed pursuant to Rule 342, only those issues arising from the Rule 342 action are to be considered.
Official Note: As under earlier law, the proceeding on appeal is conducted de novo, but the former rule that the proceeding would be limited both as to jurisdiction and subject matter to the action before the magisterial district judge (see Crowell Office Equipment v. Krug, 213 Pa. Super. 261, 247 A.2d 657 (1968)) has not been retained. Under subdivision B, the court of common pleas on appeal can exercise its full jurisdiction and all parties will be free to treat the case as though it had never been before the magisterial district judge, subject of course to the Rules of Civil Procedure. The only limitation on this is contained in subdivision C, which makes clear that an appeal from a supplementary action filed pursuant to Rule 342 is not intended to reopen other issues from the underlying action that were not properly preserved for appeal. Source The provisions of this Rule 1007 amended April 5, 2002, effective January 1, 2003, 32 Pa.B. 2199. Immediately preceding text appears at serial page (272501).

Rule 1008. Appeal as Supersedeas.

A. Receipt by the magisterial district judge of the copy of the notice of appeal from the judgment shall operate as supersedeas, except as provided in subdivisions B and C of this rule. B. When an appeal is from a judgment for the possession of real property, receipt by the magisterial district judge of the copy of the notice of appeal shall operate as a supersedeas only if the appellant at the time of filing the notice of appeal, deposits with the prothonotary a sum of money (or a bond, with surety approved by the prothonotary) equal to the lesser of three (3) months rent or the rent actually in arrears on the date of the filing of the notice of appeal, based upon the magisterial district judges order of judgment, and, thereafter, deposits cash or bond with the prothonotary in a sum equal to the monthly rent which becomes due during the period of time the proceedings upon appeal are pending in the court of common pleas, such additional deposits to be made within thirty (30) days following the date of the appeal, and each successive thirty (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 appeal is pending to compensate the landlord for the tenants actual possession and use of the premises during the pendency of the appeal.

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In the event the appellant 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 appellee, shall terminate the supersedeas. Notice of the termination of the supersedeas shall be forwarded by first class mail to attorneys of record, or, if a party is unrepresented, to the partys last known address of record. When the deposit of money or bond is made pursuant to the rule at the time of filing the appeal, the prothonotary shall make upon the notice of appeal and its copies a notation that it will operate as a supersedeas when received by the magisterial district judge. C. Indigent Tenants (1) Residential tenants who seek to appeal from 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 tenants affidavit, as set forth in subdivision (2). (2) The tenants affidavit shall be substantially in one of the following two forms: [Caption] TENANTS SUPERSEDEAS AFFIDAVIT (NON-SECTION 8) (print name and address here), have filed a notice of appeal from I, 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 (3) 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 supplemental instructions for obtaining a stay pending appeal 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 [Caption] SECTION 8 TENANTS SUPERSEDEAS AFFIDAVIT (print name and address here), have filed a notice of appeal from I, 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 (3) times my monthly rent or the actual rent in arrears. My total household income does not exceed the income limits set forth in the supplemental instructions for obtaining a stay pending appeal and I have completed an in forma pau-

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peris (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 which 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 notice of appeal is filed, the tenant shall pay into an escrow account with the prothonotary the monthly rent as it becomes due under the lease for the months subsequent to the filing of the notice of appeal; or (b) If the rent has not been paid at the time of filing the notice of appeal, the tenant shall pay: (i) at the time of filing the notice of appeal, 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 twenty (20) days of filing the notice of appeal; and (iii) additional deposits of one months rent in full each thirty (30) days after filing the notice of appeal. 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 Tenants Supersedeas Affidavit filed by the tenant. (4) The prothonotarys office of the Court of Common Pleas in which the appeal is taken 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 website of the Minor Court Rules Committee.
Official Note: The website of the Minor Court Rules Committee is part of the home page of the Administrative Office of Pennsylvania Courts at www.aopc.org. The Supplemental Instructions include both instructions and income limits. The income limits are stated in monthly amounts and are based upon the most recent poverty income guidelines issued by the Federal Department of Health and Human Services.

(5) When the requirements of paragraphs (2) and (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 appeal is pending to compensate the landlord for the tenants actual possession and use of the premises during the pendency of the appeal.

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(7) If the tenant fails to make monthly rent payments to the prothonotary as described in paragraph (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 attorneys of record, or, if a party is unrepresented, to the partys 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 tenants affidavits do not establish that the tenant meets the terms and conditions of paragraph (1), supra, the Court may terminate the supersedeas. Notice of the termination of the supersedeas shall be forwarded by first class mail to attorneys of record, or, if a party is unrepresented, to the partys last known address of record. D. If an appeal is stricken or voluntarily terminated, any supersedeas based on it shall terminate. The prothonotary shall pay the deposits of rental to the party who sought possession of the real property.
Official Note: Subdivision A provides for an automatic supersedeas in appeals from civil actions upon receipt by the magisterial district judge of a copy of the notice of appeal. Subdivision B, however, does require the deposit of money or approved bond as a condition for supersedeas where the appeal is from a judgment for the possession of real property. A new subdivision (C) was created in 2008 to provide for appeals by indigent residential tenants who are unable to meet the bond requirements of subdivision (B). The request for termination of the supersedeas, upon the praecipe filed with the prothonotary, may simply state: Please terminate the supersedeas in the within action for failure of the appellant to pay monthly rental as required by Pa.R.C.P.M.D.J. No. 1008 when it became due and will be signed by appellee. The prothonotary will then note upon the praecipe: Upon confirmation of failure of the appellant to deposit the monthly rent when it became due, the supersedeas is terminated, and the prothonotary will sign and clock the praecipe. A copy of the praecipe may thereupon be displayed to the magisterial district judge who rendered the judgment, and a request for issuance of an order for possession under Pa.R.A.P.M.D.J. No. 515 may be made. The deposit of rent required hereunder is intended to apply in all cases, irrespective of the reasons which caused the filing of the complaint before the magisterial district judge in the first instance. Disposition of the monthly rental deposits will be made by the court of common pleas following its de novo hearing of the matter on appeal. The money judgment portion of a landlord and tenant judgment (see Pa.R.C.P. M.D.J. Nos. 514 and 521) would be governed by subdivision A. Source The provisions of this Rule 1008 adopted June 1, 1971; amended April 25, 1979, effective in 30 days; amended June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266; amended March 28, 1996, effective March 29, 1996, 26 Pa.B. 1691; amended May 2, 2008, effective May 15, 2008, 38 Pa.B. 2040. Immediately preceding text appears at serial pages (309581) to (309582).

CERTIORARI

Rule 1009. Praecipe for Writ of Certiorari.

A. Unless he was the plaintiff in the action before the magisterial district judge, a party aggrieved by a judgment may file with the prothonotary of the court of common pleas a praecipe for a writ of certiorari claiming that the judgment should be set aside because of lack of jurisdiction over the parties or sub-

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ject matter, improper venue or such gross irregularity of procedure as to make the judgment void. If the party aggrieved by the judgment was the plaintiff in the action before the magisterial district judge, he may file a praecipe for a writ of certiorari only on the last mentioned ground. B. If lack of jurisdiction over the parties or the subject matter is claimed, the praecipe may be filed at any time after judgment. Otherwise it shall be filed within thirty (30) days from the date of the judgment. C. The praecipe shall identify the judgment complained of and the magisterial district judge in whose office the record of the proceedings containing the judgment is filed. D. The praecipe and the writ shall be on a form which shall be prescribed by the State Court Administrator.
Official Note: Subdivision A sets forth the grounds for certiorari. See the comments concerning the limited nature of certiorari in the note to Rule 1001. The plaintiff in the action before the magisterial district judge, and the word plaintiff as used in this rule does not include a defendant who has sued on a cross-complaint, may file a praecipe for a writ of certiorari only on the ground of gross irregularity. Having instituted the proceedings before the magisterial district judge, the plaintiff should not be permitted to challenge jurisdiction or venue. Under subdivision B, the praecipe for the writ of certiorari must be filed within thirty days after the date of the judgment, except when a question of jurisdiction is raised. There is no time limit on raising a question of jurisdiction by certiorari. Flaherty v. Atkins, 189 Pa. Super. 550, 152 A.2d 280 (1959). A party who files his praecipe after the thirty day period has run can be heard only on the question of jurisdiction (if permitted to raise that question under subdivision A) even though he claims improper venue or gross irregularity along with his claim of lack of jurisdiction. Source The provisions of this Rule 1009 amended through April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (25119).

Rule 1010. Bond for Writ of Certiorari.

No bond or other security shall be required for issuance of the writ of certiorari.
Official Note: As in the case of appeals (see Rule 1003), no bond or other security is required for certiorari, but see Rule 1013 with respect to supersedeas on certiorari.

Rule 1011. Issuance and Service of Writ of Certiorari.

A. Upon receipt of the praecipe for a writ of certiorari, the prothonotary shall issue the writ and direct it to the magisterial district judge in whose office the record of the proceedings containing the judgment is filed. The writ shall be delivered for service to the party who filed the praecipe. B. The party obtaining the writ shall serve it, by personal service or by certified or registered mail, upon the magisterial district judge to whom it was directed. In like manner, he shall also serve a copy of the writ upon the opposite party. The address of the opposite party for the purpose of service shall be his address as listed on the complaint form filed in the office of the magisterial district judge or as otherwise appearing in the records of that office. If the opposite party has an attorney of record named in the complaint form filed in the office of

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the magisterial district judge, the service upon the opposite party may be made upon the attorney of record instead of upon the opposite party personally. C. If proof of service of the writ upon the magisterial district judge and the opposite party is not filed with the prothonotary within five (5) days after delivery of the writ for service, the prothonotary shall, upon praecipe of the opposite party, mark the writ stricken from the record and the writ shall not be reinstated nor shall any new writ issue. D. Service and proof of service may be made by attorney or other agent.
Official Note: The provisions as to service of the writ parallel those for service of notices of appeal. Subdivision C contains sanctions for failing to comply with the prescribed time limits, and reinstatement of the writ or the issuance of a new one is not allowed. Source The provisions of this Rule 1011 amended November 21, 1975, 5 Pa.B. 3020. Immediately preceding text appears at serial page (21214).

Rule 1012. Return by Magisterial District Judge.

The magisterial district judge to whom the writ of certiorari is directed shall, within ten (10) days after its receipt by him, make return to the writ by transmitting to the prothonotary a certified true copy of the record of the proceedings containing the judgment.
Official Note: The certified true copy of the record of the proceedings containing the judgment will be a certified true copy of the filled out complaint form prescribed by the State Court Administrator.

Rule 1013. Writ of Certiorari as Supersedeas.

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 the writ of certiorari involves 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 party 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 (3) 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 which 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 thirty (30) days following the date of the filing of the praecipe, and each successive thirty (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 tenants 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).

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In the event that the party 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 party that did not file the praecipe for writ of certiorari, shall terminate the supersedeas. Notice of the termination of the supersedeas shall be forwarded by first class mail to attorneys of record, or, if a party is unrepresented to the partys last known address of record. Where 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 tenants affidavit, as set forth in subdivision (2). (2) The tenants affidavit shall be substantially in one of the following two forms: [Caption] TENANTS SUPERSEDEAS AFFIDAVIT (NON-SECTION 8) (print name and address here), have filed a praecipe for a writ of I, 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 (3) 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. SIGNATURE OF TENANT OR [Caption] SECTION 8 TENANTS 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 (3) 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. Date

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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 which 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 as it becomes due under the lease for the months subsequent to the filing of the praecipe; 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 twenty (20) days of filing the praecipe; and (iii) additional deposits of one months rent in full each thirty 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 Tenants Supersedeas Affidavit filed by the tenant. (4) The prothonotarys 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 website of the Minor Court Rules Committee.
Official Note: The website of the Minor Court Rules Committee is part of the home page of the Administrative Office of Pennsylvania Courts at www.aopc.org. The Supplemental Instructions include both instructions and income limits. The income limits are stated in monthly amounts and are based upon the most recent poverty income guidelines issued by the Federal Department of Health and Human Services.

(5) When the requirements of paragraphs (2) and (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 tenants 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).

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(7) If the tenant fails to make monthly rent payments to the prothonotary as described in paragraph (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 attorneys of record, or, if a party is unrepresented, to the partys 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 tenants affidavits do not establish that the tenant meets the terms and conditions of paragraph (1), supra, the Court may terminate the supersedeas. Notice of the termination of the supersedeas shall be forwarded by first class mail to attorneys of record, or, if a party is unrepresented, to the partys 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 party who sought possession of the real property.
Official Note: As in appeals (see Pa.R.C.P.M.D.J. No. 1008), certiorari operates as an automatic supersedeas in civil actions when the writ is received by the magisterial district judge. If the writ involves a judgment for the possession of real property, however, it will operate as a supersedeas upon receipt by the magisterial district judge only if money is paid or a bond is filed conditioned as stated in the rule. This Rule has been amended to require a payment equal to the lesser of three months rent or the rent actually in arrears in order for the writ involving a judgment for the possession of real property to act as a supersedeas to ensure consistency between this Rule and Pa.R.C.P.M.D.J. No. 1008. (Appeal as Supersedeas). A new subdivision (C) was created in 2008 to provide a praecipe for writ of certiorari process for indigent residential tenants who are unable to meet the bond requirements of subdivision (B). The request for termination of the supersedeas, upon the praecipe filed with the prothonotary, may simply state: Please terminate the supersedeas in the within action for failure of the party filing the writ to pay monthly rental as required by Pa.R.C.P.M.D.J. No. 1013 when it became due and will be signed by landlord. The prothonotary will then note upon the praecipe: Upon confirmation of failure of the party filing the writ to deposit the monthly rent when it became due the supersedeas is terminated, and the prothonotary will sign and clock the praecipe. A copy of the praecipe may thereupon be displayed to the magisterial district judge who rendered the judgment, and a request for issuance of an order for possession under Pa.R.C.P.M.D.J. No. 515 may be made. The money judgment portion of a landlord and tenant judgment (see Pa.R.C.P.M.D.J. Nos. 514 and 521) would be governed by subdivision A of this rule.

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 TENANTSSUPERSEDEAS: 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

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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 Tenants 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 prothonotarys 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 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

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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 prothonotarys 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. 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

Source The provisions of this Rule 1013 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266; amended March 28, 1996, effective March 29, 1996, 26 Pa.B. 1691; amended May 2, 2008, effective May 15, 2008, 38 Pa.B. 2040. Immediately preceding text appears at serial pages (309584) to (309585).

Rule 1014. Orders of Court in Certiorari Proceedings.

A. If the court of common pleas finds in favor of the party obtaining the writ, it shall enter an order that the judgment is set aside without prejudice to the cause of action. B. If the court of common pleas finds against the party obtaining the writ, it shall enter an order that the writ is dismissed.

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Official Note: Subdivision A states the rule that if the court finds in favor of the party obtaining the writ, it merely sets the judgment below aside without prejudice to the cause of action. The grounds for certiorari do not go to the merits of the case but only to matters that usually can be cured by later selecting a proper tribunal. See Statler v. Alexander Film Co., 21 D & C 512 (1934). Subdivision B provides for dismissal of the writ if the finding is against the party obtaining it. This leaves the judgment below in full force and effect. See Rule 1013C.

Rule 1015. Certiorari and Appeal Not Permitted.

A judgment may not be the subject of both certiorari and appeal. The prothonotary shall mark stricken from the record any writ of certiorari concerning a judgment as to which an appeal is pending if proof of service of copies of the notice of appeal has been filed. If the appeal is stricken or voluntarily terminated, the writ of certiorari shall be reinstated upon praecipe of the party obtaining the writ.
Official Note: This rule forbids bringing both certiorari and an appeal. An appeal involves a trial de novo on the merits, although in many cases first in the form of compulsory arbitration, without regard to any defects in the proceedings below, whereas certiorari does attack defects, not going to the merits, in the proceedings below. To attempt to combine these two procedures would cause administrative difficulties hardly worth the effort, considering that a successful certiorari would often merely allow the case to be tried again, either before another magisterial district judge or in the court of common pleas, and that an appeal actually is a second trial although it may have changed aspects (see Rule 1007B). Probably because of these administrative difficulties, the courts of common pleas have rather uniformly prohibited joining the two remedies of appeal and certiorari and have either required an election or forced the prosecution of the first type filed to the exclusion of the other. See, for example, Ward v. Harligan, 1 W.N.C. 72 (1874); Russell v. Shirk, 3 C.C. 287 (1888). Since under the 1968 Constitution a party is entitled as of right to an appeal (Art. V, 9) but not to certiorari (Art. V, Schedule, 26), it was decided to provide in this rule that the remedy of appeal would take precedence in all cases and that a writ of certiorari addressed to a judgment under appeal (from the time of filing proof of service) would be stricken. This would apply even in the perhaps rare case when one party appeals and the other files certiorari.

STATEMENT OF OBJECTION

Rule 1016. Statement of Objection to Rule 420 Orders and

Determinations. A. Any party in interest aggrieved by an order or determination made by a magisterial district judge under Rule 420 may obtain a reconsideration thereof in the court of common pleas by filing a statement of objection to the order or determination with the prothonotary and with the magisterial district judge in whose office the order or determination was made. B. The statement of objection shall be filed with the prothonotary and the magisterial district judge within ten (10) days after the date of the order or determination to which objection is made.
Official Note: This rule and Rules 10171020 provide a system for reconsideration in the court of common pleas of orders and determinations of magisterial district judges dealing with execution matters.

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Under subdivision B of this rule, the statement of objection must be filed within ten days after the date of the questioned order or determination. See Rule 421C. The time limit for filing a statement of objection need not be the same as that for filing a notice of appeal from a judgment. See the Judicial Code, 5571(c)(4), 42 Pa.C.S. 5571(c)(4), as amended by 10(67) of the Judiciary Act Repealer Act, Act of April 28, 1978, P. L. 202, No. 53. It may be noted that under Pa. R.C.P. Nos. 3206(b) and 3207(b) objections to sheriffs determinations must be made within ten days after the date of mailing of the determination. Source The provisions of this Rule 1016 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (21217).

Rule 1017. Form and Content of Statement of Objection.

The statement of objection, which shall be on a form which shall be prescribed by the State Court Administrator, shall merely state that the party filing it objects to the order or determination described in the statement.
Official Note: This rule prescribes the form and content of the statement of objection. Compare Pa. R.C.P. Nos. 3206(b), 3207(b).

Rule 1018. Duties of Magisterial District Judge Upon Receipt of Statement of Objection. A. Immediately upon receipt of the statement of objection, the magisterial district judge shall send a copy of it by ordinary mail to all other parties in interest. B. Within ten (10) days after receiving the statement of objection, the magisterial district judge shall file with the prothonotary a certified true copy of the record of actions taken by the magisterial district judge under Rule 420, but copies of only those appeals, objections, claims, exceptions or requests considered under Rule 420 that are pertinent to the statement of objection need be attached to that record.
Official Note: As to the procedure in subdivision A, compare Pa. R.C.P. Nos. 3206(b), 3207(b). Subdivision B is intended to bring before the court copies of the documents on file in the office of the magisterial district judge pertaining to the matter in question. The attachments to the record of Rule 420 actions referred to in this subdivision are notations by the magisterial district judge of appeals taken under Rule 408C and objections to levy under Rule 413, property claims under Rule 413, exceptions to distribution under Rule 416C and requests to set aside sale under Rule 420C filed in the office of the magisterial district judge.

Rule 1019. Consideration of Statement of Objection by Court of Common

Pleas. A. Upon consideration of the statement of objection, the court of common pleas shall take such action and make such orders as shall be just and proper. B. The matters raised by the statement of objection shall be considered de novo by the court of common pleas.
Official Note: Consideration of the matters raised by the statement of objection will be de novo and the court is given broad latitude and discretion in disposing of these matters. Although the proceedings are de novo, this will not excuse failure to comply with whatever time limita-

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tions are imposed (see Rules 408C, 413, 416C and 420C) for raising before the magisterial district judge the matters now before the court of common pleas.

Rule 1020. Statement of Objection to Operate as Stay.

Until further order of the court of common pleas, receipt by the magisterial district judge of the statement of objection shall operate as a stay of any execution proceedings that may be affected by the proceedings on the statement.
Official Note: Under this rule, receipt by the magisterial district judge of the statement of objection operates initially as an automatic stay of the affected execution proceedings.

Rule 1081. Acts of Assembly Suspended.

All Acts of Assembly or parts thereof inconsistent with the rules governing appellate proceedings with respect to judgments and other decisions of magisterial district judges in civil actions are suspended to the extent of such inconsistency. The following Acts of Assembly are suspended insofar as they are inconsistent with the foregoing rules: (1) Act of July 6, 1995, amending the Act of April 6, 1951, (P. L. 69, No. 20), known as Act 33 of 1995; (2) Act of July 6, 1995, amending the Act of April 6, 1951, (P. L. 69, No. 20), known as Act 36 of 1995. Adopted June 1, 1971. Amended April 25, 1979, effective in 30 days; June 30, 1982, effective in 30 days after July 17, 1982; March 28, 1996, effective March 29, 1996.
Source The provisions of this Rule 1081 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266; amended March 28, 1996, effective March 29, 1996, 26 Pa.B. 1691. Immediately preceding text appears at serial pages (168563) to (168564).

Rule 1082. Acts of Assembly Not Suspended.

The following Acts of Assembly shall not be deemed suspended or affected: (1) Section 1 of the Act of January 24, 1966, P. L. (1965) 1534, as amended by 1 of the Act of August 11, 1967, P. L. 204, No. 68 and by 2 of the Act of June 11, 1968, P. L. 159, No. 89, 35 P. S. 1700-1.
Official Note: This Section provides, inter alia, that no tenant shall be evicted for any reason while rent is deposited in escrow because the dwelling in question has been certified as unfit for human habitation.

(2)

Section 726 of the Judicial Code, 42 Pa.C.S. 726.

This Section deals with extraordinary jurisdiction of the Supreme Court.

Official Note:

(3)

Section 5103(a) of the Judicial Code, 42 Pa.C.S. 5103(a).

This Section provides for a transfer of the cause if the appeal is taken to the

Official Note: wrong court.

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(4) Section 5571(b), (c)(4) and (f) of the Judicial Code, as amended with respect to subsections (b) and (c)(4) by 10(67) of the Judiciary Act Repealer Act, Act of April 28, 1978, P. L. No. 53.
Source The provisions of this Rule 1082 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31616) to (31617).

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