Current through Register Vol. 54, No. 49, December 7, 2024
Rule 1002 - Time and Method of AppealA. A party aggrieved by a judgment for money, or a judgment affecting the delivery of possession of real property arising out of a nonresidential lease, may appeal the judgment within 30 days after the date of the entry of the judgment by filing with the prothonotary of the court of common pleas a notice of appeal on a form that shall be prescribed by the State Court Administrator together with a copy of the Notice of Judgment issued by the magisterial district judge. The prothonotary shall not accept an appeal from an aggrieved party that is presented for filing more than 30 days after the date of entry of the judgment without leave of court and upon good cause shown.B.(1) Except as otherwise provided in subdivision B(2), a party aggrieved by a judgment for the delivery of possession of real property arising out of a residential lease may appeal the judgment within 10 days after the date of the entry of judgment by filing with the prothonotary of the court of common pleas a notice of appeal on a form that shall be prescribed by the State Court Administrator, together with a copy of the Notice of Judgment issued by the magisterial district judge. The prothonotary shall not accept an appeal from an aggrieved party that is presented for filing more than 10 days after the date of entry of judgment without leave of court and upon good cause shown.(2)(a) A tenant who is aggrieved by a judgment for the delivery of possession of real property arising out of a residential lease, and who is a victim of domestic violence, may appeal the judgment within 30 days after the date of the entry of judgment by filing with the prothonotary of the court of common pleas a notice of appeal on a form that shall be prescribed by the State Court Administrator, together with a copy of the Notice of Judgment issued by the magisterial district judge, and a domestic violence affidavit.(b) The domestic violence affidavit shall be on a form prescribed by the State Court Administrator, and affirm that the tenant is a victim of domestic violence.(c) The domestic violence affidavit shall contain the name of the tenant who is a victim of domestic violence, the name of the perpetrator, the perpetrator's relationship to the tenant who is a victim of domestic violence, and the docket number for any protection from abuse case involving the tenant who is a victim of domestic violence and the perpetrator, as well as a verification by the tenant.(d) The domestic violence affidavit is not a public record and shall not be publically accessible.The provisions of this Rule 1002 amended April 25, 1979, effective 5/25/1979, 9 Pa.B. 1499; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended March 28, 1996, effective 3/29/1996, 26 Pa.B. 1691; amended December 15, 2000, effective 1/1/2001, 30 Pa.B. 6882; corrected July 28, 2006, effective 1/1/2001, 36 Pa.B. 3997; amended August 19, 2020, effective 1/1/2021, 50 Pa.B. 4502.