Neatness counts. Print or type all documents to make sure that they can be read easily. Make sure that all copies contain the same information and that all copies can be read easily. The Clerk will assign the appeal a docket number.

• One copy of the Original Complaint that you filed at the Magisterial District Court
• One copy of the Magisterial District Court Judgment/Transcript
• Cover Sheet for Common Pleas Civil Filings
  • Supreme Court of Pennsylvania Court of Common Pleas Civil Cover Sheet
• Complete page one (1) of the Notice of Appeal form and make four (4) copies. Print two (2) copies of page two (2) and save for Proof of Service
  • Notice of Appeal from Magisterial District Judge Judgment
  I Do not Understand The Notice To Appeal Form, am I the Appellant or Appellee?

  The person who appeals a decision is called the "Appellant". The other party is called the "Appellee".

• Take the following items to the Clerk of Judicial Records in room 122 of the Lehigh County Courthouse.
  • One (1) copy of the Complaint that you filed in the Magisterial District Court
  • One (1) copy of the Magisterial District Court Judgment/Transcript
  • Original completed Civil Cover sheet
  • Original Notice of Appeal and four (4) Copies

• Cash, Money order or Credit/Debit Card to cover filling fees. No personal checks will be accepted.

  Note: When using a Credit/Debit Card a service fee will be added.

  For filing fees see the Civil Fee Schedule
In Forma Pauperis

If your income is low, you can ask the court to excuse you from paying the filing fee. To do this, you must file an "In Forma Pauperis ["IFP"] Petition and Affidavit." Give the IFP Petition and Affidavit to the Clerk of Judicial Records, Civil Division at the same time as you file your appeal. You should find out in a few days whether the Court has approved your IFP Petition. If your Petition is rejected, you will have to pay the filing fee or face having your appeal dismissed.

• Give all copies to the Clerk. The original Civil cover sheet, Notice of Appeal and the copy of the District Court Judgment/Transcript and Complaint will be kept by the Clerk, the remaining copies will be returned to you;
  • Keep one (1) for your own records
  • Immediately serve one (1) on the Appellee (the other person(s) in the appeal)
  • Immediately serve one (1) for the Magisterial District Court

NOTE: Although you may file by mail, it is advisable to submit your documents personally. It will be easier for the clerk to determine precisely what fees you must pay. If you decide to file by mail you must include a Self-Addressed Stamped Envelope for return of your copies and receipt.

Manner of Service: Service of the appeal on the Magisterial District Court and Appellee can be done by personal service or by certified mail, return receipt requested, restricted delivery only.

• Address one envelope to the Appellee and one to the Magisterial District Court include one copy of the Notice of Appeal in each envelope
• Take the envelopes addressed to the Appellee and the Magisterial District Court containing the Notice of Appeal to the Post Office
• Take money for postage
• Obtain Domestic Return Receipts (green post cards form 3811) from the post office
• Complete green posts card form 3811 and mail

Time deadline of Service: The Proof of Service must be filed within 10 days of the date the appeal was filed.

• A Proof of Service must be filed in the Lehigh County Clerk of Judicial Records within 10 days from the date you filed your Notice of Appeal
• The Proof of Service form is on page two of the Notice of Appeal form
• If service was done by certified mail, the white receipt you receive from the Post Office must be attached to the Proof of Service form
• The Proof of Service form is required to be filled out, signed before a notary and notarized before it can be filed

A complaint is a legal document that details the facts in your case. There are no fill in the blank forms. You must create your own complaint for the Court of Common Pleas. You may want to look at sample complaints, and the State and County Court Rules for Formatting Legal Papers before typing your complaint. Sample Complaint

Here are some of the basic rules for formatting legal papers.

Rules for Complaint Format and Requirements for Legal Papers
• Pennsylvania Rules of Civil Procedure are available at http://www.pacodeandbulletin.gov See Rule 204.1 Pleadings and Other Legal Paper. Format and Rule 205.2. Filing Legal Papers with the Prothonotary
• Lehigh County Rules are available at http://www.lccpa.org See Rule 205.2(a) Filing of Legal Papers with the Clerk of Courts

When the defendant files a Notice of Appeal, you, the plaintiff, has 20 days in which to file a Complaint with the Clerk of Judicial Records, Civil Division in the Court of Common Pleas.

You will need to file and serve a Notice to Defend along with the Complaint.

If you (the plaintiff) fail to file and serve a Complaint within 20 days, the defendant can send you (the plaintiff) a notice reminding you (the plaintiff) to file a Complaint within 10 days.

If you (the plaintiff) fail to file and serve a Complaint after receiving that notice, the defendant can then file a praecipe for Judgment of Non-Pros pursuant to Pa. R.C.P. 1037. If this happens, you may lose the case for failing to file a complaint.