Appeal from a civil judgment will require filing of a Pennsylvania supersedeas bond to stay enforcement of execution on the judgment. Pursuant to Rule 1731. Automatic Supersedeas of Orders For the Payment of Money: (a) General Rule.—Except as provided by subdivision (b), an appeal from an order involving solely the payment of money shall, unless otherwise ordered pursuant to this chapter, operate as a supersedeas upon filing with the clerk of the lower court of appropriate security in the amount of 120% of the amount found due by the lower court and remaining unpaid. Where the amount is payable over a period of time, the amount found due for the purposes of this rule shall be the aggregate amount payable within 18 months after entry of the order. (b) Domestic Relations Matters.—An appeal from an order of child support, spousal support, alimony, alimony pendente lite, equitable distribution or counsel fees and costs shall operate as a supersedeas only upon application to and order of the trial court and the filing of security as required by subdivision (a). The amount and terms of security shall be within the discretion of the trial court.”
The Pennsylvania supersedeas bond must be executed by a surety company which has qualified with the clerk under Section 664 of The Insurance Company Law of 1921 (40 P. S. § 835), in the county from which the appeal is taken. The surety bond must guarantee the satisfaction of the original trial court order if it is affirmed or if for any reason the appeal is dismissed, or for the satisfaction of any modification of the judgment and in either case costs, interest and any damages for delay that may be ultimately awarded. If the supersedeas bond is issue by one or more sureties, each surety submits itself to the jurisdiction of the lower court and irrevocably appoints the clerk of the lower court as his agent upon whom any papers affecting its liability on the surety bond may be served. This Pennsylvania appeal bond may be forfeited by order of the lower court without the necessity of an independent action. The bond forfeiture as the lower court prescribes may be served on the clerk of the lower court, who must immediately notify the surety(ies) of the same. Rule 1735 states that a supersedeas bond filed in the amount required by or pursuant to law within thirty days from the entry of the order appealed from immediately stays any execution theretofore entered.
Obtaining a Pennsylvania supersedeas bond is simple. We require a complete surety bond application, a copy of the pertinent court documents and that the appellant has retained legal counsel. These three items are sufficient to receive a premium quote (bond cost).
Underwriting of supersedeas bonds requires review by a surety specialist with knowledge of judicial obligations. Pennsylvania surety bond leader SuretyOne.com specializes in court bonds. A Pennsylvania supersedeas bond application submission is reviewed and responded to within one hour of receipt of the same. We are the most agile judicial bond underwriter in the United States. Call (800) 373-2804, or email us at Underwriting@SuretyOne.com for a supersedeas bond application or for any court bond need.
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