SUPPLEMENTAL INSTRUCTIONS FOR OBTAINING A STAY OF EVICTION 

****IMPORTANT****PLEASE READ THESE INSTRUCTIONS CAREFULLY! 

This document contains important information about your case. Failure to comply 

with any instructions provided in these materials may cause you to be evicted 

before your appeal or writ is heard. 

1. 

FOR TENANTS — SUPERSEDEAS: If you are a tenant and you filed the notice of 

appeal or praecipe for writ of certiorari, you must pay money into an escrow account to 

remain in the property until your appeal or writ is decided. This is called a “supersedeas.” 

The supersedeas will suspend the magisterial district court judgment and will prevent your 

eviction until your case is heard by a judge and a final decision is made on the appeal or 

writ. IF YOU FAIL TO PAY YOUR MONTHLY RENT INTO ESCROW IN FULL AND ON 

TIME, YOU COULD BE EVICTED BEFORE YOUR APPEAL OR WRIT IS HEARD. 

Begin by looking at the income limits attached to these instructions.  

If your income is below the income limits, complete a Tenant’s Affidavit, pursuant to 

Pa.R.C.P.M.D.J.  No.  1008(C)(2)  or  1013(C)(2).  These  affidavits  are  available  on  the 

website of the Unified Judicial System of Pennsylvania at http://www.pacourts.us/forms/for-

the-public.  Then follow the instructions for low-income tenants below. There are several 

different options available; pick the option (A, B, or C) that best describes your situation. 

If your income is higher than the income limits attached to these instructions, 

follow the instructions for D. 

A. 

If you are a low-income tenant and there was a money judgment entered 

against you for non-payment of rent, and you HAVE NOT paid rent for the 

   

   

   

 

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month in which the notice of appeal or praecipe for writ of certiorari is filed, 

you must: 

1. 

File an in forma pauperis petition (a petition for low-income parties) 

pursuant to Pa.R.C.P. No. 240; 

2. 

Pay one-third of your monthly rent into an escrow account with the 

prothonotary’s office at the time the notice of appeal or praecipe for 

writ of certiorari (“praecipe”) is filed; 

3. 

Pay the remaining two-thirds (2/3) of your monthly rent into the 

escrow account within twenty (20) days of the date the notice of 

appeal or praecipe was filed; and 

4. 

Pay your monthly rent on an ongoing basis into the escrow account 

in thirty (30) day intervals from the date the notice of appeal or 

praecipe was filed until the time of your trial.  

B. 

If you are a low-income tenant, and there was a money judgment against 

you for non-payment of rent, and you HAVE paid rent for the month in 

which the notice of appeal or praecipe for writ of certiorari (“praecipe”) is 

filed, you do not have to pay rent at the time you file your notice of appeal 

or praecipe. You must: 

1. 

File an in forma pauperis petition (a petition for low-income parties), 

pursuant to Pa.R.C.P. No. 240; 

2. 

Pay your monthly rent on an ongoing basis into an escrow account 

with the prothonotary in thirty (30) day intervals from the date the 

notice of appeal or praecipe was filed until the time of trial. It is 

 

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important to count the thirty (30) days exactly because the date of 

your payment will change depending on the number of days in a 

given month. 

C. 

If you are a low-income tenant, and no money judgment was entered against 

you for non-payment of rent, you do not have to pay rent at the time you file 

your notice of appeal or praecipe for writ of certiorari (“praecipe”). This option 

is to be used if at the magisterial district court hearing, the judge determined 

that you owed “zero” or “nothing” in rent. You must: 

1. 

File an in forma pauperis petition (a petition for low-income parties), 

pursuant to Pa.R.C.P. No. 240; 

2.  

Pay your monthly rent on an ongoing basis into an escrow account 

with  the  prothonotary  in  thirty  (30)  day  intervals  from  the  date  the 

notice of appeal or praecipe was filed until the time of your trial. It is 

important to count the thirty (30) days exactly because the date of 

your payment will change depending on the number of days in a given 

D.  

If your income is higher than the income limits on the attached chart, you 

month. 

must: 

(“praecipe”); 

1. 

Pay the fee to file a notice of appeal or praecipe for writ of certiorari 

2.  

Pay the lesser of three (3) months’ rent or the amount of rent 

awarded to the landlord in magisterial district court into an escrow 

 

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account with the prothonotary’s office at the time the notice of 

appeal or praecipe is filed; and 

3.  

Pay your monthly rent into the escrow account in thirty (30) day 

intervals from the date the notice of appeal or praecipe was filed 

until the time of trial. It is important to count the thirty (30) days 

exactly because the date on your payment will change depending 

on the number of days in a given month. 

 

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INCOME LIMITS 

2023 HHS Poverty Income Guidelines 
Expressed in Monthly Amounts 
 

Size of 
Family Unit 
1 
2 
3 
4 
5 
6 
7 
8 
For each additional 
person, add 

Poverty Guideline 
Monthly Amount 
$ 1,215.00 
   1,643.33 
   2,071.67 
   2,500.00 
   2,928.33 
   3,356.67 
   3,785.00 
   4,213.33 

   428.33 

 

 

 

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