State and Local Court Rules Must Be Followed.
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If you were the one who brought the lawsuit (the Plaintiff), you must file a Notice of Appeal within 30 days of the date the Magisterial District Judge made the decision or the Magisterial District Judge's decision will become final. You have to serve the Notice of Appeal on the parties within 10 days from filing. As the original plaintiff in the case, you will also have to file a new complaint within 20 days from the date the Notice of appeal was filed.
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.
If you choose to represent yourself, there is no assistance available from the Court of Common Pleas staff. You must be prepared to follow court rules and prepare your own documents
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.
The person who appeals a decision is called the "Appellant". The other party is called the "Appellee".
Note: When using a Credit/Debit Card a service fee will be added.
For filing fees see the Civil Fee Schedule
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.
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.
Time deadline of Service:The Proof of Service must be filed within 10 days of the date the appeal was filed.
Yes, you must file a separate complaint with the Court of Common Pleas. When the Plaintiff 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. You must also serve the complaint on the other party.
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
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.
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, You (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 Judgment pursuant to Pa. R.C.P. 1037 Praecipe for Judgment
The case usually proceeds to an arbitration hearing before three lawyers appointed by the court to act as judge. You should receive a notice from the office of Court Administration with the time and date of your arbitration.
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.
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Disclaimer
The forms and instructions that are available from this website are not a substitute for professional legal advice. Court employees cannot give you legal advice or help you fill out /complete the forms. It is your responsibility to read and complete the forms and to take required steps to file and serve the documents. If you decide to use these forms in an actual action, be prepared to spend appropriate time gathering information, completing forms and following the Rules of Court. The Court assumes no responsibility for the use of these forms and accepts no liability for actions taken by using these documents, including reliance on the instructions and/or contents. To obtain legal advice and to insure the proper use of this material, you should contact a lawyer.
If you want to obtain the service of an attorney, but do not know whom to contact, you should visit the Lehigh Bar Association's Lawyer Referral Service website.
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