Notice of Appeal from Tenant’s Supersedeas Affidavit (Non-Section 8) – Pennsylvania

This form is used in the Court of Common Pleas of Lehigh County, Pennsylvania, specifically within the Civil Division. It is a “Tenant’s Supersedeas Affidavit” for tenants who are not part of Section 8 housing. The affidavit is filed by a tenant appealing a Magisterial District Court judgment that awarded possession of a property to the landlord. This form ensures that tenants who cannot afford the financial requirements of a judgment have the opportunity to appeal while verifying their financial status under legal standards.

This guide will help you complete the “Tenant’s Supersedeas Affidavit (Non-Section 8)” form for the Court of Common Pleas of Lehigh County, Pennsylvania, Civil Division. Please follow the steps below carefully.

Steps to Complete the Form

1. Header Information
   • Court Name and Division: Ensure the form’s heading states “IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA, CIVIL DIVISION.”
   • Case Title: Fill in the “Plaintiff” and “Defendant” sections with the appropriate names. The Plaintiff is typically the landlord, and the Defendant is you, the tenant.
   • File Number: Enter your case’s file number in the space provided.

2. Affidavit Statement
   • Name and Address: Print your full name and current address in the designated space.
   • Notice of Appeal Declaration: This section states that you have filed a notice of appeal against a judgment awarding possession of the property to your landlord.
   • Financial Inability
     • Read the statement carefully and ensure it accurately reflects your financial situation.
     • Confirm that you do not have the financial ability to pay either three times your monthly rent or the judgment amount awarded by the Magisterial District Court.
   • Income Verification: Confirm that your total household income does not exceed the income limits outlined in the supplemental instructions for obtaining a stay pending appeal.
   • In Forma Pauperis (IFP) Affidavit: Indicate that you have completed an IFP affidavit to verify your financial status.
   • Current Month’s Rent: Cross out the part of the statement that does not apply to your situation (either “have” or “have not” paid the rent this month).

3. Verification
   • Truthfulness of Information: By signing this form, you declare that all statements made are true and correct to the best of your knowledge, information, and belief.
   • Legal Implications: Understand that making false statements is subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

4. Signature Section
   • Signature and Date: Sign your name and date the form in the spaces provided at the bottom.
   • Processing Details: Leave the spaces labeled “p:”, “d:”, “file:”, and “name:” for court use.

Additional Tips

• Review: Double-check all information for accuracy before signing.
• Supporting Documents: Ensure you have completed and attached the In Forma Pauperis (IFP) affidavit as required.
• Legal Advice: If you have any questions or uncertainties, consider seeking legal advice or assistance from a tenant’s rights organization or legal aid service.

By following these steps, you can accurately complete the “Tenant’s Supersedeas Affidavit (Non-Section 8)” form and proceed with your appeal.