Archive: Jun 2019

1. The judge ruled against me. How do I appeal?

   June 25, 2019 12:08 pm Comments Off on The judge ruled against me. How do I appeal?

   Can I appeal my judgment?

   • You can only appeal a Municipal Court judgment if you went to your court hearing, had a trial before a judge and the judge ruled against you.
   • If you went to your Municipal Court hearing and signed a Judgment by Agreement, then you have to follow the agreement.
   • If you missed your Municipal Court hearing, file a Petition to Open instead.

   How do I file an appeal?

   1. File on time.
      • You have 10 calendar days to appeal a judgment for possession (eviction).
      • You have 30 calendar days to appeal a judgment for money only.
   2. File the appeal.
      • In person
        • File the Appeal and IFP in person at City Hall Room 296.
        • You may get assistance at the Elder Justice and Civil Resource Center at City Hall Room 278.
      • Online
        • Create a username.
        • Follow the prompts to file the Appeal and IFP.
        • You can sign documents you are uploading by typing /s/ and your name.
        • You can email ojr_civil@courts.phila.gov for help filing online.
      • Phone
        • Call 215-686-6652 or 215-686-6653 to get assistance filing online or to schedule an appointment to file the Appeal and IFP in person at City Hall Room 296.
   3. If you are low-income, ask to file In Forma Pauperis (IFP) to file your appeal for free.
   4. Escrow your rent.
      • If you want to stop an eviction during the appeal, you must pay your rent each month to the court. If you are low-income, you may pay 1/3 of your rent at the time you file the appeal and then pay the remaining 2/3 within 20 days.
      • If you are not low-income, you must pay 3 months of rent to the court when you file the appeal or the amount of the Municipal Court judgment for rent.
      • Initial rent payments can be made online when filing the appeal. Ongoing rent payments should be made at City Hall Room 296.
   5. Serve the court papers.
      • You must serve your landlord by personal service.
        • Private Server Have someone over 21 who is not a family member deliver the stamped court papers to the landlord and then fill out an Affidavit of Service. The court can give you the Affidavit. File the completed Affidavit in City Hall Room 296 or online.
        • Sheriff Server If you filed an IFP and it was granted, you can take the stamped court papers to the Sheriff at 100 S Broad St, 5th Fl for service free of charge.
      • If your landlord is out-of-state, you may serve the landlord by certified mail.
        • Send the stamped court papers and IFP to the landlord by certified mail, return receipt requested (approximately $8).

   What should I expect after I file an appeal?

   1. Review the Case Management Order
      • When you file your appeal, the court will give you a case management order.
      • Put the dates of your Settlement Conference and Trial in your calendar.
   2. Complaint.
      • After getting served, your landlord has 20 calendar days to file a Complaint.
   3. Answer to Complaint.
      • After your landlord serves you with the Complaint, you have 20 calendar days to file an Answer in City Hall Room 296. Your Answer should respond to each of your landlord’s claims against you. You must also mail the Answer to the landlord or landlord’s attorney.
   4. Settlement Conference.
      • You will have the opportunity to negotiate a Settlement Agreement with the landlord.
      • Settlement agreements are final and cannot be changed. If you do not agree with the terms of agreement, do not sign anything!
   5. Trial.
      • If you do not reach an agreement during the settlement conference, you will have a Trial in front of a judge. Bring all your documents and witnesses.

2. Can I request a grievance hearing with PHA?

   10:07 am Comments Off on Can I request a grievance hearing with PHA?

   When can I request a grievance hearing?

   All PHA and PAPMC public housing tenants can ask for a Grievance Hearing to dispute a lease termination notice or raise an issue with PHA.

   What is the grievance hearing process?

   1. Fill out Grievance Hearing Request form and give to the manager.
   2. Informal Meeting with manager should be scheduled within 10 days.
   3. Summary & Decision should be sent within 5 days of the meeting.
   4. Accept or Reject Summary & Decision. If you do not like PHA’s decision, sign it and return it to the manager within 10 days.
   5. Grievance Hearing should be scheduled within 20 days. For questions, call the PHA Grievance Coordinator at 215-684-5909.

   How do I prepare for a grievance hearing?

   Start gathering evidence right away to prove your case. Proof may include:

   • Photos
   • Rent receipts
   • Letters from PHA
   • Repair receipts
   • Proof of income
   • Police reports
   • L&I inspection reports
   • Doctor’s notes
   • Utility bills
   • Witnesses
   • PHA rent ledger (AR history)

   What happens at the grievance hearing?

   Grievance hearings are usually held at 2013 Ridge Avenue (near Ridge and Master Streets).

   • At the hearing, you can present evidence, call witnesses and explain the details of your case to the hearing officer.

   • PHA will also have a turn to present evidence, call witnesses and explain their case to the hearing officer.

   • The hearing officer should send you a written decision within 15 days of the hearing.

   • If you are not satisfied with the decision, you can appeal the decision in the Court of Common Pleas in City Hall, Room 296, within 30 days.