Dauphin Cnty. C.P. Rule 1013b - Writ of Certiorari as Supersedeas

RULE 1013B WRIT OF CERTIORARI AS SUPERSEDEAS

If a landlord files a Petition for the Release of Sums from the Escrow Account on a continuing

basis as permitted by Pa.R.C.P.M.D.J. 1013B, a copy of the Petition, which shall state the

reason(s) for the sums desired, shall immediately be served on the tenant and any other parties

of record, with a proof of service. The court shall issue a rule to show cause why the Petition

should not be granted and serve the rule on the tenant, or tenant’s counsel if the tenant is

represented, and any other parties of record. If no response to the rule is filed, then the Court

shall, upon motion, make the rule absolute. If a response to the rule is filed, any party may file a

certificate of readiness, upon receipt of which the Court shall schedule a hearing for the sole

purpose of determining those sums which are appropriate solely for the purpose of

compensating the landlord for the tenant’s actual possession and use of the premises during the

pendency of the appeal. Any portion of the escrowed funds not used for such purpose shall,

after thirty (30) days from the date of the expiration of the any applicable appeal rights, be

refunded to the tenant upon praecipe duly filed and served.

Effective 8-2-21