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Court Rule

N1008 Landload-Tenant Appeals; Appeal as...

RULE N1008. LANDLORD TENANT APPEALS; APPEAL AS SUPERSEDEAS.
 
(a) Where the appellant is a tenant in possession of real property, in lieu of the bond described in Pa. R.C.P.D.J. 1008, the Court may, upon petition of the appellant with at least forty eight (48) hours' notice to the landlord or its agent or attorney and upon such conditions as the Court shall deem appropriate, permit the appellant to deposit rental payments coming due during the pendency of the appeal to be paid to the Prothonotary, who shall deposit such funds in an escrow account in a bank or trust company approved by the Court. No disbursement shall be made of funds in the escrow account except upon motion with at least seventy two (72) hours' notice to the other party and appropriate order of court.
 
(b) If the appellant fails to deposit any rental payment on the date when due, the supersedeas shall automatically terminate and shall not be reinstated without further order of court upon good cause shown. Upon termination of the supersedeas, the appellee shall give appellant at least five (5) days' notice of the request for an order of possession or of the execution of same if an order has already issued. See Rule 515 et seq.
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Created at 1/29/2016 11:06 AM by Vitek Gajewski
Last modified at 1/29/2016 11:06 AM by Vitek Gajewski
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