[Download] "Smith V. Coyne" by Pennsylvania Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Smith V. Coyne
- Author : Pennsylvania Supreme Court
- Release Date : January 19, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This is an appeal from an order of the Court of Common Pleas of Allegheny County striking as unconstitutional certain provisions of Pa.R.C.P.D.J. No. 1008B, as applied to low income persons in a landlord tenant action.*fn1 Rule 1008B states that a tenant's appeal from a judgment of a district Justice granting possession of the property to the landlord does not operate as a supersedeas unless the tenant deposits with the prothonotary a sum of money or a bond equal to the lesser of three months' rent or the rent actually in arrears as determined by the district Justice's order. The trial court found this provision of the rule to be in violation of Article I, Section 6 of the Pennsylvania Constitution, which provides: