You, the original plaintiff, must follow the court rules and file and serve a Complaint in the Court of Common Pleas. Sample Complaint

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

A tenant's notice of appeal from a judgment on the possession of real property (eviction) operates as a supersedeas (stay of the Eviction) only if the tenant deposits money into an escrow account with the Clerk of Judicial Records of the Court of Common Pleas. The tenant must deposit funds equal to the lesser of:

• three months' rent; or
• the rent actually in arrears on the date of the filing of the appeal.

And the tenant must:

• Deposit cash with the Clerk of Judicial Records in a sum equal to the monthly rent which becomes due during the time the appeal is pending. (Pa.R.C.P.M.D.J. No. 1001(4) and 1002.)

While the tenant's appeal is pending, the Landlord may request that Common Pleas Court release money from the escrow account to compensate the landlord for the tenant's actual possession and use of the premises (68 P.S. § 250.513; Pa.R.C.P.M.D.J. No. 1002).

Residential tenants unable to pay the required amount must file an indigent tenant's affidavit. (Pa.R.C.P.M.D.J. No. 1002).

• If the Tenant is low income and does not have the ability to pay the 3 months' rent or the rent in arrears, whichever is less, and wants to obtain a Stay of Eviction, they can read the SUPPLEMENTAL INSTRUCTIONS FOR OBTAINING A STAY OF EVICTION on the Pennsylvania Courts Website to see if they qualify for a Tenant's Supersedeas and/or In Forma Pauperis status.

http://www.pacourts.us/assets/files/setting-891/file-776.pdf?cb=060615

If the Tenant fails to qualify for the Tenant's Superseadeas and/or the In Forma Paupersis, and they also fail to deposit the amount or pay the filing fees, the appeal will not be accepted.

When the defendant files a Notice of Appeal, 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.

If you, the plaintiff, fail 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.

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. If this happens, after you failed to file a complaint you will lose the case for failing to file a complaint.

The defendant must file an Answer to your Complaint within 20 days.

If the defendant fails to file and serve an Answer within 20 days, the plaintiff must then send a notice reminding the defendant to file an Answer within 10 days. Important Notice Defendant 237.1(a)(2)

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

Assuming the plaintiff files a Complaint and the defendant files an Answer, the case usually proceeds to an arbitration hearing before a panel of three lawyers appointed by the court to act as judge. The arbitration panel listens to the evidence and makes a decision based on that evidence.

Since there is no transcript or record of testimony or evidence made in the Magisterial District Court, the case is heard again, as if there had never been a hearing in the Magisterial District Court.