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

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, 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 Plaintiff 237.1(a)(2)

If the defendant fails to file an Answer after receiving the notice, you, the plaintiff can then file a Judgment of Non-Pros 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.