Possession appeal (by Mark [PA]) Oct 16, 2017 7:40 AM
Possession appeal (by Nicole [PA]) Oct 16, 2017 7:51 AM
Possession appeal (by Mark [PA]) Oct 16, 2017 8:57 AM
Possession appeal (by Barb [MO]) Oct 16, 2017 9:14 AM
Possession appeal (by RR78 [VA]) Oct 16, 2017 11:49 AM
Possession appeal (by Ed [PA]) Oct 16, 2017 5:53 PM
Possession appeal (by Nicole [PA]) Oct 16, 2017 7:27 PM
Possession appeal (by don [PA]) Oct 17, 2017 10:51 AM
Possession appeal (by Ray-N-Pa [PA]) Oct 17, 2017 4:49 PM
Possession appeal (by Nicole [PA]) Oct 17, 2017 5:01 PM
Possession appeal (by Don [PA]) Oct 17, 2017 8:20 PM
Possession appeal (by Nicole [PA]) Oct 18, 2017 6:01 AM
Possession appeal (by Mark [PA]) Posted on: Oct 16, 2017 7:40 AM Message:
Tenant has filed appeal to media courthouse 10/12/17 for possession order 10/02/17 in Brookhaven court. How much does the tenant have to deposit at courthouse and do they have to continue paying rent ? Media courthouse date is in July 2018 --73.13.xx.xx |
Possession appeal (by Nicole [PA]) Posted on: Oct 16, 2017 7:51 AM Message:
Not positive if it's the amount of the judgment or just the rent arrearages. they also must pay current rent going forward.
it's lawyer time. I believe you will be served with a notice to file a complaint ...you don't want to mess that up procedurally. what is the July date for? a hearing? --72.95.xx.xxx |
Possession appeal (by Mark [PA]) Posted on: Oct 16, 2017 8:57 AM Message:
I was served a notice of appeal . At the bottom of the notice it says in bold print Praecipe to enter rule to file complaint and rule to file . Then it says this section of form to be used only when appellant was defendant in action before magistral district . I am the appelle and the tenant is the appellant --73.13.xx.xx |
Possession appeal (by Barb [MO]) Posted on: Oct 16, 2017 9:14 AM Message:
Sounds like it is time to lawyer up. --131.151.xx.xx |
Possession appeal (by RR78 [VA]) Posted on: Oct 16, 2017 11:49 AM Message:
Sounds like worst case is happening.
You really have to wait until next summer for appeal hearing?
Thought I had it bad having to wait another month or two. --73.177.xxx.xx |
Possession appeal (by Ed [PA]) Posted on: Oct 16, 2017 5:53 PM Message:
Definitely get a lawyer, this is no longer in front of the magistrate and you are expected to have a lawyer. The timeline for the hearing doesn't seem correct for an eviction, lawyer should be able to get that moved up. Definitely keep checking that they are paying rent through the court and that they have posted all rent owed to date. --96.236.xxx.xxx |
Possession appeal (by Nicole [PA]) Posted on: Oct 16, 2017 7:27 PM Message:
also a lawyer will petition every month for you to get the rent released from the prothy. --72.95.xx.xxx |
Possession appeal (by don [PA]) Posted on: Oct 17, 2017 10:51 AM Message:
You are the plaintiff and the appellee. Tenant is the defendant and the appellant. You now have to file a new complaint that conforms to the rules of Common Pleas Court and serve it on the defendant-appellant with a notice to defend. Defendant-appellant will then have to file an answer. If you are not capable with the rules, hire a lawyer. --70.90.xx.xxx |
Possession appeal (by Ray-N-Pa [PA]) Posted on: Oct 17, 2017 4:49 PM Message:
Nicole is correct with what the person will have to deposit...but there are a few loopholes for the tenant. They can claim to be indigent and not have to file any payment to court house.
There is also a second part of what they have to pay and I believe (I am not absolutely certain) it is up to three months of rent.
Your tenant sounds like a real pro- they had 10 full days to appeal possession and 30 days to appeal money owed. They filed on day 10 so they are getting legal counsel. Do not show up to a gun fight carrying only a knife. Sure a lawyer is expensive - but you don't want to find out if it more expensive to fight the tenant alone --24.101.xxx.xxx |
Possession appeal (by Nicole [PA]) Posted on: Oct 17, 2017 5:01 PM Message:
curious if they needed to indicate a reason. if so, did you know about it? I'm guessing it was addressed at the hearing. curious as to what legit reason there could be other than buying time. what was the reason for the possession order? --72.95.xx.xxx |
Possession appeal (by Don [PA]) Posted on: Oct 17, 2017 8:20 PM Message:
Nicole, you do not need a reason to appeal a lower court ruling to common pleas. There is a general right to an entire new (de novo) trial. --73.141.xxx.xxx |
Possession appeal (by Nicole [PA]) Posted on: Oct 18, 2017 6:01 AM Message:
Thanks Don ... I had no idea. thankfully, in all my years I've never had a possession nor monetary appeal.
I'm guessing it's a stall tactic, most times. --72.95.xx.xxx |
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