Legal Question in Landlord & Tenant Law in Pennsylvania

I have filed an appeal to my landlords district judgement for so called past due rent. First the judgement was entered as an INDIVIDUAL LIABILITY judgement against both my husband and myself. With each of us owing the exact same amount of the judgement. So the total judgement was for double. When we were both named together on the complaint and were both signed the lease, shouldn't it have been a JOINT LIABILITY? I have looked up other cases involving our landlord in court and we are the ONLY ones with this kind of judgement even though other cases involve joint tenants. The judgement was also put in as Grant Possession: NO. Grant Possession if money judgement not satisfied by the time of evection: NO. But then EXACTLY 10 days After the initial court hearing the landlord contacted the court and had them change the judgement to say that they were Granted possession. Which we were NOT notified of the change, not was that legal. And then that took away our legal right to appeal that judgement within the 10 day period. They then went to the court and obtained and illegal eviction notice and had it posted to our door. upon filing our appeal with the court, we were told that they had never seen anything like this before. This was all illegal practices. I have filed our appeal on the money judgement, and since doing so and the Common Pleas County Clerks office calling the District Courts office and asking why it was changed and having no really explanation, we were able to file our appeal without having to post any rent. Our landlord has finally answered our appeal with their complaint, but we have since moved from the property and have notified them of this. They purposely sent it to the property address knowing that we would not receive it on time. We did not receive it for almost 3 weeks later once it was found and forwarded to us at our new address. Now I have been working on my answer and new matter to it. But how long do I have? And can I put in the information from the initial district court hearing in the new matter as emotional distress? And also to show to what lengths they are willing to go to go get what they want?


Asked on 11/13/16, 3:56 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

OK, here's the time line. They had 20 days to file a complaint in response to your appeal. you have 20 days to file an answer and counterclaim and or new matter. If you don't they will have to serve you an important 10 day notice. After that they can have you appeal non prossed. That is your appeal will be dismissed. Which means you go back to the DJ judgment. Now you claim there are service issues. That will change things. but are you ready for motions practice?

You realize there are over 2000 rules of civil procedure. Did you also know if his complaint doesn't include an allegation and proof of title you shouldn't file an answer but preliminary objections as their complaint is defective. They can and will make pleading errors. and so may you.

You need a lawyer this is not something you can do yourself. Now the question is how much of a judgment is it? Is it worth getting a lawyer?

{John}

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Answered on 11/13/16, 4:25 pm


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