State and Local Court Rules Must Be Followed.
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If you have lost a Landlord/Tenant case in Magisterial District Court, you have the right to file an appeal to the local Court of Common Pleas.
Appeals should only be filed if there is a legitimate, reasonable disagreement with the Magisterial District Judge's decision. If a party files an appeal without a good reason, that party could be forced to pay the fees for the other side's lawyer. Also, the decision of the Court of Common Pleas could be the same as than the one made by the Magisterial District Judge, or the judgement amount could be even higher. If you are unsure if you should file an appeal, please speak to an attorney.
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.
Pa.R.C.P.M.D.J. No. 1002 Time and Method of Appeal controls the time of appeal from Landlord/Tenant judgments and sets two different times for appeal.
http://www.pacodeandbulletin.gov/(Title 246 Chapter 1000)
IMPORTANT MESSAGE TO EVICTED TENANTS:
In a Landlord/tenant case for Judgement of Possession of Real Property arising out of a Residential Lease (eviction) you must file a Notice of Appeal within 10 days of the date the Magisterial District Judge made the decision or the Magisterial District Judge's decision will become final.
The 10-day appeal period starts from the date of the judgment from the Magisterial District Judge, not the date it was mailed by the MDJ office or received by you.
If the 10th day falls on a Saturday, Sunday, or a holiday when the Clerk of Judicial Records is closed, you have until the next business day that the Court of Common Pleas is open to file the appeal.
YOU MUST FILE YOUR APPEAL WITHIN THE 10-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 10-day or 30-day period.
Landlord/Tenant appeals for Possession of Real Property arising out of a Residential Lease (eviction) require the filing fee to be paid, and that the tenant deposits 3 months' rent or the rent in arrears, whichever is less, with the court at the time of appeal.
http://www.pacourts.us/assets/files/setting-891/file-776.pdf?cb=060615
****IMPORTANT****PLEASE READ THESE INSTRUCTIONS CAREFULLY!
This document contains important information about your case. Failure to comply
with any instructions provided in these materials may cause you to be evicted
before your appeal or writ is heard.
OR
AND
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 IFP Petition is rejected, you will have to pay the filing fee or face having your appeal dismissed.
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.
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 IFP Petition is rejected, you will have to pay the filing fee or face having your appeal dismissed.
OR
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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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