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