Lehigh County Court of Common Pleas (2024)

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.

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)

1. Money Judgment: If the judgment is for money only, such as a judgment for damages to a rented house after the tenants move out, you have 30 days to file a Notice of Appeal.
2. Residential Possession/Eviction: If the judgment is for Possession of Real Property on a Residential Lease, commonly called Eviction, you have 10 days from the date of the judgment to file a Notice of Appeal.

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.

• Pay Rent/Rent Arrears to the Clerk of Judicial Records.
• 3 months' rent or the rent in arrears, whichever is less, must be deposited with the Clerk of Judicial Records at the time of appeal.
• The amount of the rent and the amount of the arrears is listed on the judgment/transcript. This is the amount the Clerk of Judicial Records uses to determine what amount the tenant needs to pay at the time of the Appeal.
• The future rental payments must be paid within 30 days following the date of the appeal.
• Only cash or money order or certified bank check can be accepted for the rental payment.
• Pay the filing fee for the Appeal
• The Filing fee can be paid by cash, or credit card, a fee will be added if credit/debit cards are used.
• Clerk of Judicial Records does not accept personal checks for the filing fee or rental payments.

• If you are low income and do not have the ability to pay the 3 months’ rent or the rent in arrears, whichever is less, and you want to obtain a Stay of Eviction please read the SUPPLEMENTAL INSTRUCTIONS FOR OBTAINING A STAY OF EVICTION on the Pennsylvania Courts Website to see if you qualify for a Tenant’s Supersedeas.

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.

• If you have determined your income qualifies you for a Tenant’s Supersedeas, you may be able to complete and file with your appeal:
• a Tenant’s Non-Section 8 Tenant’s Supersedeas Affidavit http://www.pacourts.us/assets/files/setting-891/file-772.pdf?cb=3d973f

OR

• A Tenant’s Section 8 Tenant’s Supersedeas Affidavit http://www.pacourts.us/assets/files/setting-891/file-774.pdf?cb=4a64b1

AND

• An Informa Pauperis Petition (IFP) and Affidavit

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.

• One copy of the Original Landlord/Tenant Complaint that was filed by the plaintiff/Landlord at the Magisterial District Court and served upon you
• One copy of the Magisterial District Court Judgment/Transcript
• Cover Sheet for Common Pleas Civil Filings
• Supreme Court of Pennsylvania Court of Common Pleas Civil Cover Sheet
• Complete page one (1) of the Notice of Appeal form and make four (4) copies. Print two (2) copies of page two (2) and save for Proof of Service
• Notice of Appeal from Magisterial District Judge Judgment
• Your filing fee or IFP Petition and Affidavit

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.

• Your 3 months' rent/rent in arrears to be deposited with the court, or your Tenant's Supersedeas Affidavit
• If you are low income and do not have the ability to pay the 3 months’ rent or the rent in arrears, whichever is less, and you want to obtain a Stay of Eviction please read the on the SUPPLEMENTAL INSTRUCTIONS FOR OBTAINING A STAY OF EVICTION on the Pennsylvania Courts Website to see if you qualify for a Tenant's Supersedeas.
****IMPORTANT****PLEASE READ THESE INSTRUCTIONS CAREFULLY!This document contains important information about your case. Failure to complywith any instructions provided in these materials may cause you to be evictedbefore your appeal or writ is heard.
• If you have determined your income qualifies you for a Tenant's Supersedeas, you may be able to complete and file with your appeal:
• a Tenant’s Non-Section 8 Tenant’s Supersedeas Affidavit http://www.pacourts.us/assets/files/setting-891/file-772.pdf?cb=3d973f

OR

• A Tenant's Section 8 Tenant's Supersedeas Affidavit http://www.pacourts.us/assets/files/setting-891/file-774.pdf?cb=4a64b1