Smith v. Coyne

*24 OPINION OF THE COURT

FLAHERTY, Chief Justice.

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.1 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…