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  1. #1
    Join Date
    May 2019
    Posts
    2

    Default Can a Tenant Withdraw a Supersedeas to Appeal Once It is File in Court

    My question involves landlord-tenant law in the State of: Pennsylvania....I am a tenant in a Mobile Home Park in PA who filed a supersedeas in my appeal, I own the Mobile Home but Owe on the Lot Fee, I paid the the first month's lot fee to the prothonotary's office, however I am willing to pay the full amount of the judgement and was told by the prothonotary's clerk that I have to contact the landlord's attorney, which I did, we have a 2 hour phone conversation and I was told to go to his office and he will have the necessary paperwork, I will cut the check and he will give me a new lease stating pay to stay and that the Supersedeas was withdraw with by both parties, I went to the office 2 Tuesdays ago as he indicated at the time he indicated he said if he was not in the office he would leave the paperwork with his legal secretary, however that was not to be, when I got to the office at the set time I was informed by the receptionist that he was in court and will be there all day and he did not leave any documents she contacted his legal secretary who came out to the reception are and told me that she has no idea what I was talking about, she has no such documents that the procedure is if I want to pay the full amount I would have to pay it to the prothonotary's office not to the attorney I told her I went to that office was told only the attorney can do that and I had a 2 hour phone convo with her boss 2 days prior she continued to say she had no idea on anything I was saying and if I did not leave she would call the sheriff to escort me of the premises. Then the attorney sent me letters stating I did not pay the lot fee, then a sheriff deputy left a not on my door with hid name and number to call him so I did, he said he had some legal papers for me I told him what transpired but he brushed it off and continued to asked when I could meet with him, What the hell is going on??? I have never had so much trouble in trying to pay money to someone, please help ASAP, FYI I have put my Mobile home for sale and any prospective buyer have to be approved by the property manager I was advised by a couple of the buyers that they are taking my buyers and offering their own mobile homes at a steeper price I lost 3 serious buyers because of this.

  2. #2
    Join Date
    Jul 2018
    Posts
    1,433

    Default Re: Can a Tenant Withdraw a Supersedeas to Appeal Once It is File in Court

    I'm not really sure what your question is or what sort of "help" you think folks on the internet can provide to you. You're obviously struggling with procedure, which isn't surprising for a layperson. I suggest you retain the services of a local attorney before things get worse.

  3. #3
    Join Date
    May 2019
    Posts
    2

    Default Re: Can a Tenant Withdraw a Supersedeas to Appeal Once It is File in Court

    I provided as much details as I can, what is it that you don't understand? At the time the Supersedeas was filed I had an attorney who I became aware were golfing buddies with the property manager so I had him withdraw from the case, should I contact the County Bar Association???

  4. #4
    Join Date
    Jul 2018
    Posts
    1,433

    Default Re: Can a Tenant Withdraw a Supersedeas to Appeal Once It is File in Court

    Quote Quoting nadiesam236
    View Post
    what is it that you don't understand?
    For starters, the only question in your original post was, "What the hell is going on???" How are we supposed to interpret that question?


    Quote Quoting nadiesam236
    View Post
    should I contact the County Bar Association?
    I don't know. What would you hope to achieve by doing that?

  5. #5
    Join Date
    Sep 2010
    Posts
    19,059

    Default Re: Can a Tenant Withdraw a Supersedeas to Appeal Once It is File in Court

    I think the question is implied in the SUBJECT line (imagine a question mark at the end). It however makes no sense. And if you keep posting the same bizarre question, you're not going to get any different answers.

  6. #6

    Default Re: Can a Tenant Withdraw a Supersedeas to Appeal Once It is File in Court

    Quote Quoting nadiesam236
    View Post
    My question involves landlord-tenant law in the State of: Pennsylvania....I am a tenant in a Mobile Home Park in PA who filed a supersedeas in my appeal, I own the Mobile Home but Owe on the Lot Fee, I paid the the first month's lot fee to the prothonotary's office, however I am willing to pay the full amount of the judgement and was told by the prothonotary's clerk that I have to contact the landlord's attorney, which I did, we have a 2 hour phone conversation and I was told to go to his office and he will have the necessary paperwork, I will cut the check and he will give me a new lease stating pay to stay and that the Supersedeas was withdraw with by both parties, I went to the office 2 Tuesdays ago as he indicated at the time he indicated he said if he was not in the office he would leave the paperwork with his legal secretary, however that was not to be, when I got to the office at the set time I was informed by the receptionist that he was in court and will be there all day and he did not leave any documents she contacted his legal secretary who came out to the reception are and told me that she has no idea what I was talking about, she has no such documents that the procedure is if I want to pay the full amount I would have to pay it to the prothonotary's office not to the attorney I told her I went to that office was told only the attorney can do that and I had a 2 hour phone convo with her boss 2 days prior she continued to say she had no idea on anything I was saying and if I did not leave she would call the sheriff to escort me of the premises. Then the attorney sent me letters stating I did not pay the lot fee, then a sheriff deputy left a not on my door with hid name and number to call him so I did, he said he had some legal papers for me I told him what transpired but he brushed it off and continued to asked when I could meet with him, What the hell is going on??? I have never had so much trouble in trying to pay money to someone, please help ASAP, FYI I have put my Mobile home for sale and any prospective buyer have to be approved by the property manager I was advised by a couple of the buyers that they are taking my buyers and offering their own mobile homes at a steeper price I lost 3 serious buyers because of this.
    So, you've "never had so much trouble in trying to pay money to someone"?

    Well, apparently you've had trouble in the past, buster! For instance finding difficulty in "cutting a check" covering your mobile home lot rent or you wouldn't be in this fix! The "fix" being that your landlord has recovered a judgment for possession of the lot plus unpaid rent, court costs, etc. And your appeal from the judgement is nothing but a tactical ploy, totally without merit, solely designed to postpone the inevitable.

    And now unmindful of the inconvenience and expense you've caused your landlord AND the fact that you have NO bargaining power whatsoever you are pissed because the landlord's attorney and his staff aren't groveling at your feet to renew the lease allowing you time to sell your mobile home.

    I don't know what you expect from this forum. But if you are looking for some legal formula compelling the landlord to do your bidding by rendering its effort and expense incurred in securing the judgment for a writ of possession all for naught, then forget it! I ain't going to happen.

    With regard to your rhubarb with lawyer's staff it seems clear that they were not made aware of your "supposed" 2 hour chat with their boss.

    And that when the secretary told you that the "money" had to be paid to the prothonotary it was not in reference to the "money judgment" awarded the landlord, but the supersedeas deposit required to stay the execution of that judgment and temporarily avoid the sheriff from escorting you and your mobile unit off of the landlord's property. (See: PA Court Rule 1008 Appeal as Supersedeas) *

    [*] Rule 1008. Appeal as Supersedeas.

    A. Receipt by the magisterial district judge of the copy of the notice of appeal from the judgment shall operate as supersedeas, except as provided in subdivisions B and C of this rule.

    B. When an appeal is from a judgment for the possession of real property, receipt by the magisterial district judge of the copy of the notice of appeal shall operate as a supersedeas only if the appellant at the time of filing the notice of appeal, deposits with the prothonotary a sum of money (or a bond, with surety approved by the prothonotary) equal to the lesser of three (3) months’ rent or the rent actually in arrears on the date of the filing of the notice of appeal, based upon the magisterial district judge’s order of judgment, and, thereafter, deposits cash or bond with the prothonotary in a sum equal to the monthly rent which becomes due during the period of time the proceedings upon appeal are pending in the court of common pleas, such additional deposits to be made within thirty (30) days following the date of the appeal, and each successive thirty (30) day period thereafter. . . . . . .

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