You must file your appeal within 30 days of the date the Magisterial District Judge made the decision, which is also called a "judgment". The Magisterial District Judge usually makes the decision on the same day as the hearing, but is allowed to wait up to five days after the hearing. If you do not get a written notice of the decision at the hearing or within five days after the hearing, you should contact the Magisterial District Court to make sure the notice has not been sent to the wrong address.

The 30-day appeal period starts from the date of the decision, not the date it was mailed to you or the date you received it. If the 30th day falls on a Saturday, Sunday, or holiday, you have until the next day that the Court of Common Pleas is open to file your appeal.

YOU MUST FILE YOUR APPEAL WITHIN THE 30-DAY PERIOD, OR THE MAGISTERIAL DISTRICT JUDGE'S DECISION WILL BECOME FINAL AND YOUR APPEAL MAY NOT BE ALLOWED.

The Clerk of Judicial Records cannot accept an appeal after the 30 day period.

The appeal process may be too complicated to handle without an attorney. If you choose to represent yourself, there is no assistance available from the Court of Common Pleas staff. You must follow court rules and prepare your own documents. If you want to obtain the services of an attorney, but do not know whom to contact, you may visit the Lehigh County Bar Association's Lawyer Referral Service website.

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 was filed by the plaintiff at the Magisterial District Court and served upon you
• 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 was filed by the plaintiff in the Magisterial District Court
  • One (1) copy of the Magisterial District Justice 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 post cards 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

If the plaintiff fails to file and serve a Complaint within 20 days, the defendant must then send the plaintiff a notice reminding the plaintiff to file a Complaint within 10 days. This notice does not need to be filed with the Clerk of Judicial Records at this time. Make and keep at least two copies of the completed form for filing if the plaintiff fails to file and serve a complaint after this notice. Important Notice Plaintiff 237.1(a)(2)

If the plaintiff fails to file and serve a Complaint after receiving the notice, the defendant can then file a Praecipe for Judgment of Non-Pros pursuant to Pa. R.C.P. 1037.

When you file the Praecipe for Judgment of Non Pros at the Clerk of Judicial Records, Civil Division you must also attach a copy of the Important Notice which you sent to the plaintiff as a reminder to file the complaint.

You may need to include a stamped envelope, addressed to the plaintiff. There is a filing fee to file this Praecipe.

If the other side does not file a Complaint and you get a Judgment of Non Pros, then the case is over.
However, the other side may still have the right to start a new case against you. The other side may also ask the Court of Common Pleas to “open” the judgment of Non Pros, if the other side can show a good reason for not filing the complaint on time.

You have 20 days from receiving the complaint to file and serve your answer. Although a lawyer is not required, it may be advisable to have a lawyer represent you.

If you fail to file and serve an Answer within 20 days, the plaintiff must then send a notice reminding you to file an Answer within 10 days.

If you fail to file an Answer after receiving the notice, the plaintiff can then file a praecipe for Default Judgment pursuant to Pa. R.C.P. 1037.

If the other side files a Complaint and you don't file an Answer, the other side can get a “default judgment” against you without presenting any evidence.

There may be other facts that you haven’t stated in your Answer that explain why you do not owe the money claimed. For instance, you may have withheld payment for a product you bought because the product didn't work properly. Or you may believe that the other side in an accident case was at least partly at fault for the injuries claimed.

Facts such as these are called “New Matter.” You should write them out in paragraph form after you finish responding to all of the paragraphs of the Complaint. Keep numbering the paragraphs.