Tenant Supersedeas Affidavit (Non-Section 8) – Pennsylvania

This affidavit is to be completed by a tenant who has filed a Praecipe for a Writ of Certiorari to review a judgment by a Magisterial District Court that awards possession of the tenant’s occupied property to the landlord. The affidavit declares the tenant’s inability to pay the judgment for rent and confirms that their total household income does not exceed the specified limits for obtaining a stay pending the issuance of the Writ of Certiorari.

The tenant must fill out their name and address, indicate their financial status regarding the judgment, and confirm the completion of the IFP affidavit. They must also state if they have paid the rent for the current month by crossing out the non-applicable option. Finally, they must verify the accuracy of their statements, sign, and date the affidavit.

Filling out the Tenant Supersedeas Affidavit form involves several steps. Follow these instructions carefully to ensure that your affidavit is completed correctly.

Court Information

1. • Court: Ensure you are filing this affidavit with the Court of Common Pleas of Lehigh County, Pennsylvania, Civil Division.
   • Plaintiff and Defendant: Enter the names of the plaintiff (landlord) and defendant (tenant) as they appear in your court case.
   • File Number: Enter the file number associated with your case.

Affidavit Statement

1. • Print Name & Address: Write your full name and current address in the space provided.
   • Judgment Review: The form acknowledges that you have filed a Praecipe for a Writ of Certiorari to review a Magisterial District Court judgment that awarded possession of the property to your landlord.
   • Financial Ability: Confirm that you do not have the financial ability to pay the judgment for rent by reading the statement carefully. Ensure that your total household income does not exceed the income limits specified in the instructions for obtaining a stay.
   • IFP Affidavit: Indicate that you have completed an In Forma Pauperis (IFP) affidavit by checking the appropriate box.
   • Rent Payment: Cross out either “have” or “have not” to indicate whether you have paid the rent for the current month.

Verification

1. • Truthfulness Statement: By signing this affidavit, you verify that all the statements you have made are true and correct to the best of your knowledge. Understand that making false statements is subject to penalties under 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

Signature Section

1. • Date: Write the date you are filling out the affidavit.
   • Signature: Sign your name in the space provided to confirm the accuracy of your statements and your understanding of the legal implications.

Tips for Completion

• Read Carefully: Make sure to read each section thoroughly before filling out the form.
• Cross Out Correctly: Pay special attention to the section about rent payment. Cross out the word that does not apply to your situation (“have” or “have not”).
• Double-check Information: Review your entries for accuracy before signing and dating the affidavit.

Submission

• File the Affidavit: Once completed, file the affidavit with the Court of Common Pleas of Lehigh County, Pennsylvania, Civil Division.
• Keep Copies: Keep a copy of the completed affidavit for your records.

By following these instructions, you will ensure that your Tenant Supersedeas Affidavit is filled out correctly and ready for submission.