Notice of Appeal Section 8 Tenant’s Supersedeas Affidavit – Pennsylvania

This form, titled “Notice of Appeal Section 8 Tenant’s Supersedeas Affidavit,” is intended for use in the Court of Common Pleas of Lehigh County, Pennsylvania, Civil Division. It serves as a formal declaration by a tenant who is appealing a Magisterial District Court judgment that awarded their landlord possession of the property they occupy.

This form is essential for Section 8 tenants who are seeking to appeal an eviction judgment while demonstrating their financial hardship and continued eligibility for Section 8 assistance.

To fill out this form, follow the step-by-step instructions:

1. Court Information
   • Court Name: This section is pre-filled with “IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA, CIVIL DIVISION.”
   • File Number: Enter the file number associated with your case. You can find this on the Notice of Appeal or other court documents related to your case.

2. Plaintiff and Defendant
   • Plaintiff: Enter the name of the party who filed the case against you (usually your landlord).
   • Defendant: Enter your name as the defendant in the case.

3. Tenant Information
   • Name and Address: Print your full name and current address.

4. Notice of Appeal
   • State that you have filed a Notice of Appeal from a Magisterial District Court judgment that awarded your landlord possession of the property you occupy.
   • Confirm that you do not have the financial ability to pay either three times your monthly rent or the actual rent in arrears.

5. Income Verification
   • Declare that your total household income does not exceed the limits set forth in the Supplemental Instructions for obtaining a stay pending appeal.
   • Confirm that you have completed an In Forma Pauperis (IFP) affidavit to verify your financial status.

6. Rent Payment Status
   • Current Month’s Rent: Cross out the appropriate statement to indicate whether you have or have not paid the rent this month.
   • Monthly Rent Amount: Enter the total amount of monthly rent that you personally pay to the landlord.

7. Section 8 Program Participation
   • Certify that you are a participant in the Section 8 program.
   • Confirm that you are not subject to a final decision terminating your Section 8 assistance due to non-compliance with program rules.

8. Verification
   • Verify that all statements made in the affidavit are true and correct to the best of your knowledge, information, and belief.
   • Acknowledge that false statements are subject to penalties under 18 PaC.S. § 4904, relating to unsworn falsification to authorities.

9. Signature
   • Date: Write the date you are filling out the form.
   • Signature: Sign your name in the provided space.

Additional Tips

• Accuracy: Ensure that all information you provide is accurate and truthful. Any false statements can lead to legal penalties.
• Documentation: Keep copies of all documents related to your case, including this affidavit, for your records.
• Legal Assistance: If you are unsure about any part of the form or the process, consider seeking legal advice or assistance from a legal aid organization.

By following these steps, you can accurately complete the “Notice of Appeal Section 8 Tenant’s Supersedeas Affidavit” form to support your appeal and request for a stay of eviction.