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PA Bulletin, Doc. No. 21-1041

THE COURTS

Title 255—LOCAL COURT RULES

DAUPHIN COUNTY

Promulgation of Local Rules; No. 1793 S 1989

[51 Pa.B. 3602]
[Saturday, July 3, 2021]

Order

 And Now, this 18th day of June, 2021, Dauphin County Local Rule of Civil Procedure Magisterial District Judge 1008B is amended and Dauphin County Local Rules of Civil Procedure Magisterial District Judge 1008C, 1009, 1013B and 1013C are promulgated as follows:

Rule 1008B. Landlord and Tenant Appeals.

 [In cases where the tenant in possession of real property desires to appeal from a judgment for the possession of said real estate entered by a Magisterial District Judge of the court and does not desire or is unable to file a bond with surety as required by Pa.R.C.P.D.J. 1008B, such tenant, upon application to and approval by the Court, may be permitted to deposit rental payments coming due during the proceedings in the Court of Common Pleas in an escrow account in a bank or trust company approved by the Court.] 1. Except as may otherwise be provided in any related State rules, or elsewhere in these rules, no withdrawals shall be permitted from any such [escrow] account except pursuant to court order, or a filed written agreement signed by all parties with an accompanying praecipe. At the conclusion of the proceedings and the expiration of the applicable appeal period, such deposits as then may exist shall be applied to the payment of any final judgment against the tenant, including costs, rendered on 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.

 2. 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. 1008B, 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.

Rule 1008C. Indigent Tenants.

 6. 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. 1008B, 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.

Rule 1009. Praecipe for Writ of Certiorari.

 E. Within ten (10) days after filing the Praecipe for Writ of Certiorari, the party filing the writ shall file and serve on all other parties a concise statement of those specific jurisdictional and/or gross irregularities relied upon in support of the issuance of the writ and the relief sought. The opposing party(ies) may, within ten (10) days of service of the supporting statement, file and serve any responding statement deemed appropriate.

 F. When all requirements set forth above have been met or the time permitted for filing the supporting statement and any response thereto has elapsed, either party may file an original and one copy of a Certificate of Readiness with the Prothonotary.

 G. Upon assignment, the court may, at its discretion, schedule a status conference; order the filing of briefs, schedule oral argument, or schedule a hearing.

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.

Rule 1013C. Indigent Tenants.

 (6) 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. 1013(C)(6), 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.

 The above amendments shall be published in the Pennsylvania Bulletin and will become effective thirty (30) days from the date of publication.

By the Court

JOHN F. CHERRY, 
President Judge

[Pa.B. Doc. No. 21-1041. Filed for public inspection July 2, 2021, 9:00 a.m.]


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