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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 9864
Experience:  Commercial and residential leases in NY & NJ & US
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This is for Monroe County PA - Tobyhanna. I have already won

Customer Question

Hello, This is for Monroe County PA - Tobyhanna. I have already won a judgement in the Magisterial court against my tenant. I have just received a Notice of appeal for the case date stamped Nov 1st that I just received today via certified mail.
The notice says I have 20 days after the date of service to respond and that I must file a complaint within that time or a Judgement of Non Pros can be entered against me but it gives no indication of what to file , how to file or with who to file.
The questions that flow from that are; Is the 'date of service' today when I signed the certified receipt and I still have 19 days to react or is it from Nov 1st when the appeal was date stamped at the court? What complaint and with who do I need to file it? Am I goin gto the court or severing the tenant again? I called the court house and the first judge - they can't give me any information and I see no forms for the next step in the process. Any help will be great- thanks,Gordon.
Submitted: 18 days ago.
Category: Landlord-Tenant
Expert:  Richard - Bizlaw replied 17 days ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

The appeal would be to the court of common pleas. The appeal is a new trial as though the original case had never occurred. What you have to do is to file essentially the same complaint you filed against the tenant in the original case and serve it on the tenant. You have 20 days from the date you were served with the rule issued by the Protonotary with the notice of appeal, which in your case would be today from your post. See Rule 1004. Here is a link that explains the basic procedure.

http://www.zawarskilaw.com/2012/08/15/what-happens-when-a-tenant-appeals-an-eviction-judgment-for-possession-in-pa/

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Expert:  Richard - Bizlaw replied 14 days ago.

I sent you the answer to your question a few days ago. If you do not have any additional questions, please highly rate my answer as that is how I get credit for working on your question.

Expert:  Richard - Bizlaw replied 10 days ago.

I sent you the answer to your question a few days ago. If you do not have any additional questions, please highly rate my answer as that is how I get credit for working on your question.

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