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
- 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.
- 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).
- 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.
- 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.