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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 2853
Experience:  30 years of experience
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I am in Pennsylvania. From the Court of Common Please

Customer Question

hello,I am in Pennsylvania. From the Court of Common Please Prothonotary office, I received a "Praecipe to enter rule to file complaint and rule to file" and time is of the essence. it seems to me thst i have now more or less become the defendant? regardless i'm not sure how to file the new complaint since i was awarded or should i say won my case in local magistrate court so now the defendant has filed an appeal against the judgement awarded me seemingly now making me the defendant? any way i assume you get the jist and i just need to know what to type up and file and send copies of?
Submitted: 1 year ago.
Category: Family Law
Expert:  Gerald-Esquire replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Under Pennsylvania Law either party may appeal the decision of the District Justice. When such an appeal occurs the matter is transferred to the Court of Common Pleas for a "De Novo" trial. In essence, the Common Pleas Court hears the case a new. So it is not so much an Appeal as it is a new trial.

When the losing defendant before the district magistrate appeals the winning plaintiff receives the Notice that you received.

What you must do to protect your victory below is to file the Complaint that you filed with in the magistrate's court with the County Court of Common Pleas.

Here is a link to the Civil Complaint Form used in Common Pleas Court:

http://www.pacourts.us/assets/files/setting-897/file-771.pdf?cb=673ae2

The following site has links to rules of court and other materials you may need to reference.

http://libguides.law.widener.edu/content.php?pid=159023&sid=1346682

And here are other forms you may need later on:

http://www.pacourts.us/forms

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Expert:  Gerald-Esquire replied 1 year ago.

Also here is the particular rule:

http://www.pacode.com/secure/data/246/chapter1000/s1004.html

And the rules generally:

http://www.pacode.com/secure/data/246/chapter1000/chap1000toc.html

If I can be of further assistance, please let me know.

Good luck.

Kind regards,

Gerald