Department of Court Records Gives Added Scrutiny to Praecipes to Terminate Supersedeas

No. 1,240 Summary:  The Department of Court Records now requires approval by a supervisor before issuing a certificate to terminate supersedeas in a Landlord-Tenant Case.  It also requires the Landlord to pay the cashier before the certificate is released. As every landlord knows, when a tenant appeals the award of possession to arbitration from the […]

Landlord-Tenant: The difference between eviction by the constable and the sheriff.

If a landlord obtains an award of possession to the landlord, from the Magisterial District Judge (MJD), the tenant has 10 days to appeal to the Arbitration Division of the Common Pleas Court. If there is no appeal after 10 days, the Constable can serve a writ of possession on the tenant. The Constable schedules the eviction eleven days later. However it is not a true eviction. The landlord is permitted to change the locks. So the tenant is, strictly speaking, locked out. The landlord and tenant are then required to work out a moving arrangement. Of course, if the tenant pays the delinquent rent before the eviction, the eviction is cancelled.

Landlord and Tenant: Multiple Appeals

Landlords and Tenants should be aware that not only can a decision by the Magisterial District Judge be appealed to Arbitration, but that the arbitrator’s award can be appealed again to Common Pleas Court. Moreover, either party could request a jury trial. After that, the case could be appealed again to the Superior Court.

Welcome

CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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