Fillable Instructions for Emergency Motion to File Late Appeal (Fifth Judicial District of Pennsylvania)

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Instructions for Emergency Motion to File Late Appeal (Fifth Judicial District of Pennsylvania)

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1
Instructions for Emergency Motion to File
Late Appeal in Landlord/Tenant Cases
1. Complete the EMERGENCY MOTION TO FILE LATE APPEAL.
2. If you do not have the money to pay for filing fees, complete the PETITION FOR LEAVE
TO PROCEED IN FORMA PAUPERIS (IFP). If the Judge grants this Petition, you will not
have to pay any filing fees.
3. Take your forms to the Housing Court Help Desk. The Housing Court Clerk will schedule
your Emergency Motion to File Late Appeal for hearing.
4. The Housing Court Cashier will docket, time stamp, and write the LT case number on your
Emergency Motion.
5. Housing Court staff will make three copies of your Emergency Motion.
6. Regarding the Emergency Motion to File Late Appeal, YOU MUST DO the following:
a. Serve (deliver) 1 copy to the Magisterial District Judge.
b. Serve (deliver) 1 copy to the landlord.
c. Keep 1 copy for yourself.
d. Return the original to the Housing Court Clerk.
7. You must serve (deliver) your Landlord and the Magisterial District Judge who originally
heard your case with a copy of the Emergency Motion as required by the Certificate of
Service you filled out on the last page of your Emergency Motion.
8. You must appear on the date and time scheduled, as shown on the front page of your
Emergency Motion, to present your Emergency Motion to the Housing Court Judge.
9. If the Judge delays your eviction, you must immediately deliver a copy of that Order to the
Magisterial District Judge who originally heard your case. This is the only way to prevent
your eviction. If you fail to deliver the Order to the Magisterial District Judge, the eviction
may still proceed as originally scheduled.
For
m 4 Rev 4/2021
2
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CIVIL DIVISION
Plaintiff(s)/Landlord
Case No.
vs. Type of Pleading
EMERGENCY MOTION TO FILE LATE
APPEAL
Defendant(s)/Tenants(s) Filed on behalf of:
_____ CDC DECLARATION FILED (Name of the filing party)
___Counsel of Record
NOTICE OF PRESENTATION
Kindly take notice that the within
EMERGENCY
MOTION TO FILE
LATE APPEAL
shall be presented
before the Civil Division Housing Court
Judge via teleconference at 877-988-
6904 and enter code: 2678931# on
_____________________________ at
________ p.m.
___Individual, if Pro Se
Name, Address, Telephone Number, and Email
Address:
Attorney’s State ID:
Attorney’s Firm ID:
3
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CIVIL DIVISION
Plaintiff(s)/Landlord
vs. Case No. ________________________
Defendant(s)/Tenants(s)
EMERGENCY MOTION TO FILE LATE APPEAL
AND NOW comes the Movant, ______________________________, and respectfully
submits the within Emergency Motion as follows:
1. Defendant(s) is/are the tenant(s) of the subject property located at the following
address:
Street:______________________________________________________________
City and Zip Code: ____________________________________________________
2. The above-listed property is the subject of a landlord/tenant action filed by plaintiff at
a Magisterial District Judge’s office. The tenant is requesting permission to file a late
appeal from the judgment of the Magisterial District Judge.
3. An eviction of the tenant(s) is currently scheduled for _________________________
(Date and Time of Eviction)
4
4. Tenant(s) request permission to file a late appeal for the following reasons:
WHEREFORE, the tenant(s) ask this Honorable Court to enter an order permitting the
filing of a late appeal in the above-captioned matter.
Respectfully Submitted,
Date
Signature
Print Name
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signature
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5
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CIVIL DIVISION
Plaintiff(s)/Landlord
vs. Case No. ______________________
Defendant(s)/Tenants(s)
VERIFICATION
I, _________________________________, certify that the facts contained in the
foregoing Motion are true and correct to the best of my knowledge, information, and belief. I
understand that false statements herein are subject to the penalties of 18 Pa.C.S. §4904 related to
unsworn falsification to authorities.
Date
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signature
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6
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CIVIL DIVISION
Plaintiff(s)/Landlord
vs. Case No. ______________________
Defendant(s)/Tenants(s)
ORDER OF COURT
AND NOW, this _______day of _________________________, 20____, it is hereby
ORDERED, ADJUDGED AND DECREED as follows:
1. Tenant’s Emergency Motion to File Late Appeal is DENIED as to possession. This Order
does not affect tenant’s right to file a timely appeal as to money damages only.
2. Any prior stay of eviction issued by the Allegheny County Court of Common Pleas is
hereby lifted and:
The eviction may proceed pursuant to the original Order of Possession issued by
the Magisterial District Judge on the date listed on that Order of Possession. No
additional service of the Order of Possession is required.
The eviction may proceed on ________________________________ under the
original Order of Possession issued by the Magisterial District Judge. No additional
service of the Order of Possession is required. This Order hereby stays the eviction
until that date.
BY THE COURT:
_____________________________________J.
Confirmation of further Court orders are docketed and available for review on the website
at https://dcr.alleghenycounty.us/Civil
7
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CIVIL DIVISION
Plaintiff(s)/Landlord
vs. Case No.____________________
Defendant(s)/Tenants(s)
ORDER OF COURT
AND NOW, this _______day of _________________________, 20____, it is hereby
ORDERED, ADJUDGED AND DECREED as follows:
1. Argument on tenant’s Emergency Motion to File Late Appeal is set for/postponed until
__________________________ at ____________________, and eviction is stayed
pending that Argument. The Argument shall be held before the Housing Court Judge,
via teleconference at (877) 988-6904 (code: 2678931#).
2. Unless a supersedeas or a further stay of eviction is obtained after the Argument
scheduled above:
a. The stay of eviction in Paragraph 1 shall automatically be lifted, and
b. The eviction may proceed pursuant to the original Order of Possession issued by
the Magisterial District Judge on the date listed on that Order of Possession or on
the day after the Argument date listed in Paragraph 1, whichever date is later. No
additional service of the Order of Possession is required.
BY THE COURT:
J.
Counsel for the Plaintiff(s):
Counsel for Defendant(s):
Confirmation of further Court Orders are docketed and available for review on the website at
https://dcr.alleghenycounty.us/Civil.
8
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CIVIL DIVISION
Plaintiff(s)/Landlord
vs. Case No.__________________________
Defendant(s)/Tenants(s)
ORDER OF COURT
AND NOW, this _______day of _________________________, 20____, it is hereby
ORDERED, ADJUDGED AND DECREED as follows:
1. Tenant’s Emergency Motion to File Late Appeal is GRANTED, as tenant has
demonstrated good cause.
2. Tenant has until the close of business on ______________________ to file the late
appeal and obtain a supersedeas in accordance with Pa.R.C.P.M.D.J. No. 1008.
3. If tenant fails to obtain a supersedeas from the Department of Court Records by the close
of business on the date listed above in Paragraph 2:
The eviction may proceed on _______________________ using the original Order
of Possession issued by the Magisterial District Judge. No additional service of the
Order of Possession is required.
4. This Order hereby stays the eviction until the date listed in Paragraph 3 above.
BY THE COURT:
J.
Counsel for the Plaintiff(s):
Counsel for Defendant(s):
Confirmation of further Court Orders are docketed and available for review on the website at
https://dcr.alleghenycounty.us/Civil.
9
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CIVIL DIVISION
Plaintiff/Landlord
vs. Case No._________________________
Defendant(s)/Tenants(s)
ORDER OF COURT
AND NOW, this _______day of _________________________, 20____, it is
ORDERED that:
BY THE COURT:
J.
10
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CIVIL DIVISION
Plaintiff(s)/Landlord
vs. Case No._________________________
Defendant(s)/Tenants(s)
CERTIFICATE OF SERVICE
I hereby certify that I will serve a true and correct copy of this Emergency Motion today
upon the Magisterial District Judge and the landlord in the following manner: (Check the
appropriate box.) If the opposing side is represented by an attorney, the attorney should be
served.
First Class Mail
First Class Mail
Facsimile #:
Facsimile #:
Hand-Delivered
Hand-Delivered
Email Address
Landlord/Landlord’s Counsel:
Magisterial District Judge:
Name:
Name:
Address:
Address:
Email Address:
Telephone:
Telephone:
Date
Signature
CERTIFICATE OF COMPLIANCE
I certify that this filing complies with the provisions of the Case Records Public Access
Policy of the Unified Judicial System of Pennsylvania that requires filing confidential
information and documents differently than non-confidential information and documents.
Submitted by: _________________________________
Signature: ____________________________________
Print Name: ___________________________________
Attorney No. (if applicable): ______________________
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Instructions for Emergency Motion to File Late Appeal (Fifth Judicial District of Pennsylvania)

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Completed 16 May 2021

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