Current through Register Vol. 54, No. 50, December 14, 2024
Rule 514.1 - Domestic Violence AffidavitA. A tenant in a residential lease action who is a victim of domestic violence may file a domestic violence affidavit with the magisterial district court in order to stay the execution of an order for possession.B. The domestic violence affidavit shall be on a form prescribed by the State Court Administrator and shall require the tenant to affirm that he or she is a victim of domestic violence.C. The filing of the domestic violence affidavit with the magisterial district court shall stay the execution of an order for possession. The stay will terminate as of the filing of an appeal with the prothonotary pursuant to Rule 1002, 30 days after the date of entry of the judgment, or by order of the court of common pleas, whichever is earlier.D. The magisterial district court shall enter the domestic violence affidavit on the docket of the residential lease action.E. The magisterial district court shall serve a copy of the domestic violence affidavit on the landlord by mailing it to the landlord at the address as listed on the complaint form filed in the magisterial district court or as otherwise appearing in the records of that office, or the attorney of record, if any, of the landlord.F. The tenant shall attach a copy of the domestic violence affidavit to an appeal filing made pursuant to Rule 1002.G. The domestic violence affidavit is not a public record and it shall not be publically accessible.The provisions for Rule 514.1 adopted on August 19, 2020, effective 1/1/2021, 50 Pa.B. 4502.