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APPEALING MAGISTERIAL DISTRICT JUDGE
MONEY JUDGMENTS
(NOT FOR EVICTIONS)
SELF-HELP KIT
REMEMBER
The Law often changes. Each case is different. This self-help kit is
meant to give you general information, not specific legal advice.
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 1
Appealing Magisterial District Judge Money Judgments
(Not for Evictions)
If you lose a hearing before a Magisterial District Judge and you disagree with the
decision, you have the right to file an appeal. If you receive a judgment from a
Magisterial District Judge, you also have the right to appeal even if you did not attend the
hearing.
WARNING: IF YOUR CASE IS A LANDLORD/TENANT MATTER AND YOU
ARE BEING EVICTED AND DO NOT WANT TO MOVE, YOU MUST FILE AN
APPEAL WITHIN TEN (10) DAYS. YOU CAN APPEAL JUST THE MONEY
JUDGMENT PART OF THE DECISION BY FILING AN APPEAL WITHIN
THIRTY (30) DAYS, BUT YOU WILL STILL BE EVICTED. YOU MUST USE A
DIFFERENT SELF-HELP KIT CALLED “APPEALING AN EVICTION.”
STEPS TO FILING AN APPEAL
1. You must file a Notice of Appeal within 30 days from the date the judgment was
entered. See Page 2 – “How to file your Notice of Appeal.”
(NOTE: In Landlord/Tenant cases you only have 10 days to file an appeal where
you are appealing a judgment for possession of property. (See eviction packet.) If
you only want to appeal a money judgment, you have 30 days.
2. You must pay the Prothonotary the filing fee (about $135.00). If you cannot
afford the filing fee, you must file a Petition To Proceed Without Payment of
Fees and Costs (IFP), which asks the Court to let you file your appeal without
paying the filing fee. This Petition is a statement of your income and assets made
under penalties of perjury. Use Attachment #1.
3. You must serve the Notice of Appeal on the opposing party and the Magisterial
District Judge within ten (10) days from the filing of your appeal. See page 4 –
“How to Serve the Notice of Appeal.”
4. You must file your Proof of Service within ten (10) days from the filing of your
appeal. See Page 5 – “How to Complete Your Proof of Service” and page 6 –
“How to File Your Proof of Service.”
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 2
HOW TO FILE YOUR NOTICE OF APPEAL
• The first thing you need to file is called the Notice of Appeal. A blank form of this
Notice of Appeal is included in this kit. There are two pages in this form – a Notice of
Appeal and a Proof of Service. Save the second page (Proof of Service) for later. Also
pull out Sample “A”, which is the same form but with numbers in the boxes.
• Next, make a copy of the Notice of Judgment entered by the Magisterial District Judge.
This was mailed to you after the hearing. (See SAMPLE "B" in this kit to see what it
looks like.) Be sure to keep the one that was mailed to you and use the copy for filing
your appeal. Also pull out SAMPLE “B”, which is the same form but with numbers in
the boxes.
• When you have all four forms in front of you, you are ready to complete the Notice of
Appeal. You should look at the sample Notice of Judgement (Sample "B") because it is
marked so you can find all of the information you need to put in the Notice of Appeal and
look at the sample Notice of Appeal (Sample “A”) because it is marked to show you
where to place the information. See page 3 – “Filling out the Notice of Appeal.”
• If you cannot pay the filing fee, complete the Petition To Proceed Without Payment Of
Fees and Costs (IFP). Use Attachment #1.
• To file your appeal, you must bring the following completed documents with you to the
Prothonotary's Office at your County Courthouse.
• Your completed Notice of Appeal and three copies of it.
• Money for filing fee or the original and two copies of your completed
Petition To Proceed Without Payment of Fees and Costs (IFP).
• One copy of the Magisterial District Judge Notice of Judgment, which will
be attached by the Prothonotary to your original Notice of Appeal.
• The Prothonotary will file stamp your documents and return the three copies to you.
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 3
FILLING OUT THE NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE
JUDGMENT
(Refer to “Sample A” for Box numbers. Refer to “Sample B” for the information you must put
in the boxes which comes from the Notice of Judgment.)
Part A – Notice of Appeal
Box 1. Print your name – you are the “Appellant.”
Box 2. Print the Magisterial District Judge's number. It is marked #1 on Sample B.
Box 3. Print the Magisterial District Judge’s name. It is marked #2 on Sample B.
Box 4. Print your address.
Box 5. Print the Date of Judgment. It is Marked #3 on Sample B.
Box 6. Print the name of the person who filed the case to begin with. It is marked #4 on Sample
B.
Box 7. Print the name of the person who was sued. It is marked #5 on Sample B.
Box 8. Print the Docket Number. It is marked #6 on Sample B.
Box 9. Sign your name.
Part B – Praecipe to Enter Rule to File Complaint and Rule to File
(Fill out this part only if you did not file the case to begin with; that is, you are the person who
was sued.)
Boxes 10 and 11. Print the name of the person who filed the case to begin with in both boxes.
It is marked #4 on Sample B. (If you are the person who filed the case to begin with,
you do not need to fill this part out.)
Box 12. Your signature goes on this line. (If you are the person who filed the case to begin
with, you do not need to fill this part out.
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 4
HOW TO SERVE THE NOTICE OF APPEAL
ON THE OPPOSING PARTY AND MAGISTERIAL DISTRICT JUDGE
Serving the Notice of Appeal means that you must give a file-stamped copy of the Notice of
Appeal to the opposing party and the Magisterial District Judge in the particular way the law
requires.
There are two ways to serve the Notice of Appeal.
(1) The first way is called personal service and that means to hand deliver the
Notice of Appeal to the opposing party or an adult family member in his
household or the person in charge at the person’s residence or place of
business. It may also be handed to his attorney if one is named in the
complaint.
(2) The second way is to mail the Notice of Appeal by CERTIFIED MAIL.
You need to serve two different people.
(1) You must serve the opposing party or his attorney.
(2) You must serve the Magisterial District Judge who made the decision.
You do not have to serve them both the same way, but you must use one of the two methods
listed above (personal or certified mail). You cannot serve the Notice by regular mail.
Keep track of how and when you serve people because you will need to mark it on the Proof of
Service form.
If you serve by certified mail, you MUST KEEP THE GREEN AND WHITE POSTAL
RECEIPT FOR CERTIFIED MAIL. You are going to have to attach it to your Proof of
Service.
If you serve by personal service, write down the name of the person you gave it to and when you
gave it to them, for your records.
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 5
HOW TO COMPLETE YOUR PROOF OF SERVICE
Once you have served the correct people, you must complete the form called Proof of Service.
This is the second page of the Notice of Appeal form. (See Sample “C”).
FILLING OUT PROOF OF SERVICE
Refer to “Sample C” for Box numbers. Refer to “Sample A” for the information you must put
in the boxes which comes from the Notice of Appeal.)
Box 1. Print the number that the Prothonotary gave to your case when you filed your Notice of
Appeal. It is marked #13 on Sample “A”
Box 2. Print the date that you served the Notice of Appeal on the Magisterial District Judge by
either hand delivery or certified mail.
Box 3. Check here if you hand delivered the Notice of Appeal to the Magisterial District Judge.
Box 4. Check here if you mailed the Notice of Appeal to the Magisterial District Judge by
certified mail.
Box 5. Print the opposing party’s name or the name of his attorney if one is named in the
Complaint.
Box 6. Print the date you served the Notice of Appeal on the opposing party or his attorney by
either hand delivery or certified mail.
Box 7. Check here if you hand delivered the Notice of Appeal to the opposing party or his
attorney.
Box 8. Check here if you mailed the Notice of Appeal to the opposing party or his attorney by
certified mail.
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 6
Important – If you served either or both of the Notices of Appeal by certified mail,
you must attach the sender’s receipts to your Proof of Service.
HOW TO FILE YOUR PROOF OF SERVICE
Within ten days of filing the Notice of Appeal, you must file the Proof of Service. Take the
completed Proof of Service form and one copy of it to the Prothonotary’s Office and have them
file stamp them.
Make sure you have attached the sender’s receipts for certified mail (if that is how you
served the Notice of Appeal) to the original Proof of Service form. Be sure to write down your
return receipt number on your copy or photocopy of your sender’s receipt and keep it with your
copy.
The Prothonotary’s Office will keep the original and return the copy to you for your records.
You should keep your copy because this proves when you served everyone.
THE COURT COULD DISMISS YOUR APPEAL IF YOU DID NOT SERVE
EVERYONE PROPERLY, AND YOU WOULD LOSE WITHOUT ANOTHER
HEARING.
AFTER YOU HAVE FILED YOUR APPEAL AND PROOF OF SERVICE
After you have filed your Proof of Service, the Plaintiff (the person who filed the lawsuit
to begin with) needs to file a complaint.
If the opposing party is the Plaintiff and does not file the complaint within
twenty (20) days from the date you served him, you can ask to have a Non Pros Judgment
entered against him. This will end the case, and the Plaintiff cannot ask to enforce the judgment
he got in Magisterial District Court.
After the twenty (20) days expire, you should send the Plaintiff a Notice of Intention to
File Praecipe of Non Pros. (See ATTACHMENT #2a if you are filing in Lycoming County and
ATTACHMENT #2b if you are filing in Clinton County.) Keep a copy of this notice for use
later. You must send this notice by certified mail.
If the Plaintiff does not file a complaint within ten (10) days from the date of that notice,
you may then file a Praecipe to Enter a Judgment of Non Pros. (See ATTACHMENT #3 – it is
two pages.) You should complete both pages of this form. Then attach the copy of the Notice
of Intention to File Praecipe of Non Pros (that you kept) to the first page. Make a copy of this
part and take the original and the copy and the original “Notice” (the second page) to the
Prothonotary’s Office. Also take an envelope addressed to the Plaintiff. The Prothonotary will
file stamp the forms and will sign the “Order for Judgment” on the first page and the “Notice” of
Judgment on the second page. The Prothonotary will keep the original Praecipe and Order and
give you back the copy. The Prothonotary will also mail the “Notice” of Judgment to the
Plaintiff in the envelope you provided.
If you receive further papers after the Judgment of Non Pros is entered OR if the Plaintiff
does file a complaint after you send the Notice of Intention to File Praecipe of Non Pros, you
should see an attorney. If you cannot afford an attorney, you can contact North Penn Legal
Services at 570-323-8741 to see if they can help you further.
If you are the Plaintiff, you need to file a complaint within 20 days and should see
an attorney. THERE IS NO FORM FOR A COMPLAINT.
If you file the complaint on your own, be aware that it must contain a NOTICE TO
DEFEND (see ATTACHMENT #4), a VERIFICATION (See ATTACHMENT #5) and a
CERTIFICATE OF SERVICE (See ATTACHMENT #6). The complaint must be mailed (by
ordinary mail) or given to Defendant at the address shown in the Magisterial District Court
records (or may be mailed or given to the attorney of record for Defendant, if there is one).
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 7
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 8
If the Defendant does not file a response to the Complaint (either an Answer or
Preliminary Objections) within twenty (20) days of being served with the Complaint, you may
then seek to have a default judgment entered in your favor. This is a two-step process.
First you must mail or hand-deliver to Defendant (or to the attorney of record for
Defendant, if there is one) a NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
(See ATTACHMENT #7a if you are filing Lycoming County, #7b if you are filing in Clinton
County). Keep two copies of this NOTICE after you fill it out because you will need it later.
Second, after you wait ten days from the date the NOTICE OF PRAECIPE TO ENTER
JUDGMENT BY DEFAULT is mailed or hand delivered to the Defendant, you should check
with the Prothonotary’s Office to see if any response to your Complaint has been filed. If not,
you should file the Praecipe to Enter Judgment by Default (See ATTACHMENT #8, this is two
pages). You will need to take one of the copies of the NOTICE OF PRAECIPE TO ENTER
JUDGMENT BY DEFAULT that you kept, to attach to your Praecipe. The Prothonotary will
then enter a Judgment in your favor and the case will be over.
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
SAMPLE “A”
NOTICE OF APPEAL
FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No.
13
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District
Judge on the date and in the case referenced below.
ADDRESS OF APPELLANT CITY STATE ZIP CODE
4
DATE OF JUDGMENT
IN THE CASE OF ( Plaintiff)
(Defendant)`
6
vs
7
DOCKET No.
8
SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT
This block will be signed ONLY when this notation is required under Pa.
If appellant was Claimant (see Pa. R.C.P.M.D.J. No. 1001(6) in
R.C.P.M.D.J. No. 1008.
action before a Magisterial District Judge, A COMPLAINT MUST BE
This Notice of Appeal, when received by the Magisterial District Judge, will
operate as a SUPERSEDEAS to the judgment for possession in this case.
FILED within twenty (20) days after filing the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.M.D.J. No. 1001(7) in action before
Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
10
appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
__________________________________________________
Signature of appellant or attorney or agent
RULE: To
11
Name of appellee(s)
, appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: , 20 __________________________________________
Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
The appellee and the magisterial district judge in whose office the judgment was rendered must be served with a copy of this Notice
pursuant to Pa.R.C.P.M.D.J. 1005(A).
AOPC 312-05
NAME OF APPE
LLANT
1
MAG. DIST
. NO.
2
NAME OF MD
J
3
5
9
12
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service must be filed within 10 days after
filing of the notice of appeal)
I hereby certify that I served the Notice of Appeal, Common Pleas No. ___________________________,
upon the Magisterial District Judge designated therein on ___________________, ________ by
personal s
e
r
v
i
c
e, or
certified or registered mail, sender's receipt attached
hereto,
________________________________
Signature
AOPC 312A - 05
and upon the appellee, ___________________, on ______________, ______ by
personal service, or
certified or registered mail, sender's receipt attached hereto,
I verify that the statements herein are true and correct. I understand that false statements herein are
made subject to the penalties of Section 4904 of the Crimes Code (18 Pa.C.S. § 4904) relating to
unsworn falsification to authorities..
By: ______________________________
Name
Date: ___________________________
Sample C
1
2
3
4
5
6
7
8
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 12
ATTACHMENT #1
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 13
_______________________ : IN THE COURT OF COMMON PLEAS OF
Plaintiff/s : _____________ COUNTY, PENNSYLVANIA
:
vs. : NO _______________
:
_______________________ : CIVIL ACTION - LAW
Defendant/s :
ORDER TO PROCEED WITHOUT
PAYMENT OF FEES AND COSTS
AND NOW, this _________ day of _________________, 20___, upon
consideration of the within Petition, it is hereby ordered that the Plaintiff/Defendant be
(circle one)
permitted to proceed in this matter without payment of fees and costs.
BY THE COURT,
________________________________
J.
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 14
_______________________ : IN THE COURT OF COMMON PLEAS OF
Plaintiff/s : ____________ COUNTY, PENNSYLVANIA
:
vs. : NO _______________
:
_______________________ : CIVIL ACTION - LAW
Defendant/s :
PETITION TO PROCEED WITHOUT PAYMENT OF FEES AND COSTS
1. I am the Plaintiff/Defendant in the above matter and because of my
(circle one)
financial condition am unable to pay the fees and costs of prosecuting or defending the action or
proceeding.
2. I am unable to obtain funds from anyone, including my family and
associates, to pay the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees
and costs is true and correct.
(a) Name: ______________________________
Address: ______________________________
______________________________
(b) Employment If you are presently employed, state
Employer: _____________________________
Address: _____________________________
_____________________________
Salary or wages per month:____________________
Type of work: ________________________________
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 15
If you are presently unemployed, state:
Date of last employment: ____________________
Salary or wages per month: __________________
Type of work:_______________________________
(c) My present income is from: __________________
(d) The amount is: ______________________________
I also receive: Amount
Food Stamps ___ $_________
Child Support ___ $_________
In the past 12 months, my household has changed. Prior to the change,
income was available from ______________________ who resided with me. He/she had an
income from ______________________ in the amount of $____________. We have not lived
together since _______________________.
In the past 12 months, my own income has been from
___________________________, in the amount of $__________.
HOUSEHOLD INCOME:
(e) At the present time, I am married to someone other than the Defendant,
and we reside together.
Yes___ No ____
Name:_______________________________________________
His/her income is from ______________________________in the
amount of $__________________.
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 16
Others who help support my household.
Children: ________ Yes ____ No____
Parents: _________ Yes ____ No____
Others : _________ Yes ____ No____
(f) Property Owned (Write yes or no for each item)
Checking Acct.______ Balance _______
Savings Acct.______ Balance _______
Cash _______ Amount _______
Home or other real estate: _____________
Motor Vehicle: _____________ If yes, complete the following:
Make: ___________, Year: ________, Cost:________,
When Purchased: ___________, Amount Owed: _______
Stocks, bonds, certificates of deposit: _________
Other: __________________________________________
(g) Debts and Expenses (In this section, please indicate amount paid each
month, as accurately as possible. If you do not have a particular expense,
write "no".)
Mortgage: ______________________
Rent: _________________________
Utilities: Electric ________/mo. Gas ______/mo.
Fuel Oil ________/mo. Telephone _______/mo.
Garbage _______/mo. TV Cable _________/mo.
Water & Sewer ______/quarter
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 17
Other Loans or debts: Owed to whom: ______________________
Monthly Amount: ____________________
Transportation ______________ Insurance _________
Clothing _____________ Disposable Diapers _______
Food _______________ Household Items _____________
Child Support ______________ Other ______________
(h) Persons dependent upon you for support:
Spouse - Name: ______________________________
Children in home:
Initials: ____________________________ Age: __________
Initials: ____________________________ Age: __________
Initials: ____________________________ Age: __________
Other Persons:
Name: _________________________________
Relationship: _________________________
(List others at bottom of page)
4. I understand that I have a continuing obligation to inform the Court of improvement
in my financial circumstances which would permit me to pay the costs incurred herein.
click to sign
signature
click to edit
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 18
5. I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to
unsworn falsification to authorities.
Date: _______________________ ____________________________________
Signature
____________________________________
Print Name Here pro se
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 19
ATTACHMENT #2a
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 20
_______________________ : IN THE COURT OF COMMON PLEAS OF
Plaintiff/s : LYCOMING COUNTY, PENNSYLVANIA
:
vs. : NO _______________
:
_______________________ : CIVIL ACTION - LAW
Defendant/s :
TO: __________________
(Plaintiff)
Date of Notice:___________
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT
IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE
PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOUDO NOT
HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Pennsylvania Bar Association
Lawyer Referral Service
100 South Street PO Box 186
Harrisburg, PA 17108-0186
Telephone (800) 692-7375
IF YOU CANNOT AFFORD A LAWYER, YOU MAY BE ELIGIBLE FOR LEGAL AID
THROUGH:
North Penn Legal Services
25 West Third St, Suite 400
Williamsport, PA 17701
(570) 323-8741
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 21
ATTACHMENT #2b
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 22
_______________________ : IN THE COURT OF COMMON PLEAS OF
Plaintiff/s : CLINTON COUNTY, PENNSYLVANIA
:
vs. : NO _______________
:
_______________________ : CIVIL ACTION - LAW
Defendant/s :
TO: __________________
(Landlord/Plaintiff)
Date of Notice:___________
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT
IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE
PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
COURT ADMINISTRATOR
COURT OF COMMON PLEAS OF CLINTON COUNTY
COURT HOUSE
Lock Haven, PA 17745
Telephone: 570-893-4016
IF YOU CANNOT AFFORD A LAWYER, YOU MAY BE ELIGIBLE FOR LEGAL AID
THROUGH:
North Penn Legal Services
25 West 3
rd
St, Ste 400
Williamsport, PA 17701
(570) 323-8741
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 23
ATTACHMENT #3
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 24
_________________________________, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : _____________ COUNTY, PENNSYLVANIA
:
vs. : NO. ________________
:
_______________________________, : CIVIL ACTION - LAW
Defendant :
PRAECIPE TO ENTER A JUDGMENT OF NON PROS
TO THE PROTHONOTARY:
Pursuant to Rule 1037(a) of the Pennsylvania Rules of Civil Procedure, kindly enter a
Judgment of Non Pros in the above-captioned matter.
A Rule was entered upon the Plaintiff to file a Complaint, and was served on Plaintiff by
personal service or certified mail on_____________________ (date). Plaintiff has failed to file
a Complaint within twenty (20) days of service.
A Notice of Intention to File Praecipe of Non Pros was served on Plaintiff on
_________________ (date). A copy of that Notice is attached to this Praecipe.
Respectfully submitted,
By: _________________________________
Sign your name
_________________________________
Print your name
ORDER FOR JUDGMENT
AND NOW, this ______ day of _____________________, 20___, upon Praecipe of the
Defendant, a Judgment of Non Pros is hereby entered against Plaintiff pursuant to Pa. R.C.P.
1037(a).
________________________________
Prothonotary
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 25
_________________________________, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : _____________ COUNTY, PENNSYLVANIA
:
vs. : NO. ________________
:
_______________________________, : CIVIL ACTION - LAW
Defendant :
NOTICE
To: ________________________
Plaintiff
Pursuant to Pa. R.C.P. 236, you are hereby notified that a Non Pros Judgment has been
entered against you in the above proceeding.
____________________________________
Prothonotary
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 26
ATTACHMENT #4
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 27
_________________________________, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/s : LYCOMING COUNTY, PENNSYLVANIA
:
vs. : NO. ________________
:
_______________________________, : CIVIL ACTION - LAW
Defendant/s :
TO: __________________________ Date of Notice: _____________________
(Plaintiff)
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN
TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY
ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY, AND
FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO
SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED
AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY
CLAIMED IN THE COMPLAINT OR ANY OTHER CLAIM OR RELIEF REQUESTED BY
THE PLAINTIFF. YOU MAY LOSE PROPERTY OR OTHER RIGHTS IMPORTANT TO
YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, CONTACT:
Pennsylvania Bar Association
Lawyer Referral Service
100 South Street, PO Box 186
Harrisburg, PA 17108-0186
(800)692-7375
IF YOU CANNOT AFFORD A LAWYER, YOU MAY BE ELIGIBLE FOR LEGAL AID
THROUGH:
North Penn Legal Services
25 West Third Street, Suite 400
Williamsport, PA 17701
(570)323-8741
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Lycoming County is required by law to comply with the Americans With
Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact the office of the Lycoming
County Court Administrator, 48 West Third Street, Williamsport, PA 17701, telephone number
(570)327-2330. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 28
ATTACHMENT #5
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 29
VERIFICATION
I, _______________________, state that I am the Plaintiff in the foregoing matter and
that the facts set forth in the foregoing Complaint are true and correct to the best of my
knowledge, information, and belief. I further understand that false statements made herein are
subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to
authorities.
__________________________________
(Signature)
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 30
ATTACHMENT #6
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 31
_________________________________, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/s : _____________ COUNTY, PENNSYLVANIA
:
vs. : NO. ________________
:
_______________________________, : CIVIL ACTION - LAW
Defendant/s :
CERTIFICATE OF SERVICE
I, ___________________, hereby certify that I served a copy of the Complaint upon
Defendant/Defendant’s Attorney by (check one):
_____ placing a true and exact copy in the United States First Class Mail, Postage
prepaid, addressed to: _____________________________________________________
_______________________________________________________________________.
_____ handing to Defendant/Defendant’s Attorney at _____________________
_______________________________________________________________________.
By: _____________________________
(signature)
Name: _____________________________
Address: ___________________________
___________________________________
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 32
ATTACHMENT #7a
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 33
_________________________________, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/s : LYCOMING COUNTY, PENNSYLVANIA
:
vs. : NO. ________________
:
_______________________________, : CIVIL ACTION - LAW
Defendant/s :
DATE OF NOTICE: ________________________
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, CONTACT:
Pennsylvania Bar Association
Lawyer Referral Service
100 South Street
PO Box 186
Harrisburg, PA 17108-0186
(800)692-7375
IF YOU CANNOT AFFORD A LAWYER, YOU MAY BE ELIGIBLE FOR LEGAL AID
THROUGH:
North Penn Legal Services
25 West Third Street, Suite 400
Williamsport, PA 17701
(570)323-8741
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 34
ATTACHMENT #7b
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 35
_________________________________, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/s : CLINTON COUNTY, PENNSYLVANIA
:
vs. : NO. ________________
:
_______________________________, : CIVIL ACTION - LAW
Defendant/s :
DATE OF NOTICE: ________________________
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
COURT ADMINISTRATOR
COURT OF COMMON PLEAS OF CLINTON COUNTY
COURT HOUSE
Lock Haven, PA 17745
Telephone: 570-893-4016
IF YOU CANNOT AFFORD A LAWYER, YOU MAY BE ELIGIBLE FOR LEGAL AID
THROUGH:
North Penn Legal Services
25 West Third Street, Suite 400
Williamsport, PA 17701
(570)323-8741
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 36
ATTACHMENT #8
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 37
_________________________________, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : ____________ COUNTY, PENNSYLVANIA
:
vs. : NO. ________________
:
_______________________________, : CIVIL ACTION - LAW
Defendant :
PRAECIPE TO ENTER A JUDGMENT OF DEFAULT
TO THE PROTHONOTARY:
Pursuant to Rule 1037(b) of the Pennsylvania Rules of Civil Procedure, kindly enter a
Judgment of Default in the above captioned matter. A Complaint was served upon the
Defendant by personal service or certified mail on ____________ (date). Defendant has failed
to enter a written appearance and file in writing with the Court his defenses or objections within
twenty (20) days of service.
A Notice of Intention to File Praecipe to Enter Judgment by Default was served on
Defendant on ___________________(date). A copy of that Notice is attached to this Praecipe.
Respectfully submitted,
______________________________
Sign your name
______________________________
Print your name
ORDER FOR JUDGMENT
AND NOW, this ________ day of ________________, 20________, upon Praecipe of
the Plaintiff, a Judgment of Default is hereby entered against the Defendant pursuant to Pa.
R.C.P. 1037 (b).
______________________________
Prothonotary
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 38
_________________________________, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CLINTON COUNTY, PENNSYLVANIA
:
vs. : NO. ________________
:
_______________________________, : CIVIL ACTION - LAW
Defendant :
NOTICE
TO: ________________
Plaintiff
Pursuant to Pa. R.C.P. 236, you are hereby notified that a Default Judgement has been
entered against you in the above proceeding.
____________________________
Prothonotary
Appealing A Magisterial District Judge Judgment, revised 121819 - P a g e | 39
BLANK FORM OF NOTICE OF APPEAL
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District
Judge on the date and in the case referenced below.
NAME OF APPELLANT
MAG. DIST. NO.
NAME OF MDJ
ADDRESS OF APPELLANT CITY STATE ZIP CODE
DATE OF JUDGMENT
IN THE CASE OF ( Plaintiff) (Defendant)`
vs
DOCKET No.
SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT
This block will be signed ONLY when this notation is required under Pa.
R.C.P.M.D.J. No. 1008.
This Notice of Appeal, when received by the Magisterial District Judge , will
operate as a SUPERSEDEAS to the judgment for possession in this case.
Signature of Prothonotary or Deputy
If appellant was Claimant (see Pa. R.C.P.M.D.J. No. 1001(6) in
action
before a Magisterial District Judge, A COMPLAINT MUST BE
FILED
within
twenty
(20) days after filing the NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.M.D.J. No. 1001(7) in action before
Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
__________________________________________________
Signature of appellant or attorney or agent
RULE: To , appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: , 20 __________________________________________
Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
The appellee and the magisterial district judge in whose office the judgment was rendered must be served with a copy of this Notice
pursuant to Pa.R.C.P.M.D.J. 1005(A).
AOPC 312-05
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service must be filed within 10 days after
filing of the notice of appeal)
I hereby certify that I served the Notice of Appeal, Common Pleas No. ___________________________,
upon the Magisterial District Judge designated therein on ___________________, ________ by
personal s
e
r
v
i
c
e, or
certified or registered mail, sender's receipt attac
hed hereto,
________________________________
Signature
AOPC 312A - 05
and upon the appellee, ___________________, on ______________, ______ by
personal service, or
certified or registered mail, sender's receipt attached hereto,
I verify that the statements herein are true and correct. I understand that false statements herein are
made subject to the penalties of Section 4904 of the Crimes Code (18 Pa.C.S. § 4904) relating to
unsworn falsification to authorities..
By: ______________________________
Name
Date: ___________________________
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