Armstrong Cnty. C.P. Civil Procedure for M.D.J.

PART IV

LOCAL RULES GOVERNING CONDUCT, OFFICE

STANDARDS AND CIVIL PROCEDURE FOR DISTRICT

JUSTICES

(cited as L.R.C.P.D.J. No. ___)

APPELLATE PROCEEDINGS WITH RESPECT TO JUDGMENTS AND

OTHER DECISIONS OF DISTRICT JUSTICES IN CIVIL MATTERS

Rule 1008 Appeal as Supersedeas

(a) The procedure set forth in subsection (b) of this rule

may be used as an alternative to the procedure set forth in

Pa.R.C.P.D.J. No. 1008(B), but only when the judgment entered

against the appellant includes no award of money damages for

physical damage to the leasehold property. The appellant shall

bear the burden of demonstrating to the Prothonotary the

applicability of subsection (b) of this rule.

(b) When an appeal is from a judgment of a district

justice for the possession of real property, receipt by the

district justice of the copy of the notice of appeal shall

operate as a supersedeas only if the appellant at the time of

filing the appeal deposits with the prothonotary a sum of

money equal to the monthly rent payment due for the month in

which the appeal was taken and by subsequently timely depositing

a sum equal to the monthly rent with the prothonotary within

thirty (30) days following the date of the appeal, and each

successive thirty (30) day period thereafter.

(c) Upon motion presented at Motions Court pursuant to the

Local Rules of Civil Procedure, the Court will strike an appeal

whenever a subsequent rent payment required as a condition of a

supersedeas has not been paid to the Prothonotary.