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I was looking points to make in a motion to release funds…

Customer Question
Hi, I'm Tim. I...

Hi, I'm Tim. I was looking for the points to make in a motion to release funds from an ongoing L/T appeal. I am the landlord and I want to get the monthly rent while waiting for arbitration.

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

I won a judgement for unpaid rent in municipal and the tenant appealed. Have not filed the civil complaint yet, still have a week. Tenant did make the deposit for the appeal. I want to be ready to ask for the rent money next month.

Submitted: 2 years ago.Category: Legal
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Customer reply replied 2 years ago
FYI I am in Pennsylvania
Answered in 12 hours by:
1/30/2016
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,953
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Can you please explain a bit more and give us some additional details about what is going on. You said the tenant appealed, did you answer the appeal yet?
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Customer reply replied 2 years ago
Appeal is not answered yet, complaint will be submitted next week. Tenant has deposited with the court of common pleas the rent in arrears (about $1400). Rent is $1095. I expect he will make the next rent payment to the court by Feb 20. I want to submit the request for the February rent from the court just after it is normally due (Feb 5). So I am looking for an example of what the motion should look like or what must be in it. I have all the information I need for the complaint so I don't need guidance on that.
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
Under 246 PA Code Rule 1008, you would file a praecipe to release funds held in court registry to you. The rule says that upon you filing the praecipe for writ of execution in the court, you ask the court to release the funds in the registry to cover the rents due by the tenant who has yet to vacate the premises to cover your expenses. Here are the praecipe forms for PA courts, they are the same in all the PA courts: http://www.lccpa.org/forms/civil/praecipeandwrits.nex
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Customer reply replied 2 years ago
Hi. In looking at the Writ of Execution, it appears to be directed to a sheriff to seize property of the defendant after the judgment has been made. The situation here is that the judgment is under appeal and I am trying to get funds he has deposited with the court under 246 PA rule 1008. "Upon application by the landlord, the court shall release appropriate sums from the escrow account on a continuing basis while the appeal is pending to compensate the landlord for the tenant’s actual possession and use of the premises during the pendency of the appeal." So, do you think a petition should be filed to request the rent payments he is depositing in escrow while the appeal is pending?
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
That is correct, only the sheriff can seize property. However, money filed in the registry of the court you would file a motion for release of funds in the registry and direct that to the court and to ask the clerk of court to release the funds.
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Customer reply replied 2 years ago
One more question on this. Does the petition need to be served (mailed) to the tenant (defendant) in this case or can the petition just be sent to the court? Can the tenant challenge the petition?
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
Yes, everything you file in the court has to be mailed to the other party as well. So you have to mail the motion/praecipe to the tenant and they have a right to file an objection and it is up to the court to decide.
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