Legal Question in Civil Litigation in Pennsylvania

a civil judgement was rendered against me for money by a local magistrate on 11/8/10.

On 12/3/10 I filed an appeal with the Court of Common please, paid the filing fee, provided proof of mailing. I have not heard a word about the case from anyone since. Is there something more I should have done or be doing?


Asked on 2/07/11, 4:26 pm

2 Answers from Attorneys

Richard Teitell Richard K. Teitell, Esquire, P.C.

I assume the appeal documents you filed contained something named a "Rule to File Complaint." That requires the plaintiff (P) to file a complaint with the court within 20 days. If P does file the complaint within that time period you can ask the court to dismiss the case. But 1st you have to give P what's called a "10 day notice". This provides P 10 additional days to file the complaint. There is a specific form that you need to mail to the P. If you mail that form & P still does not file a complaint, after 10 days you can file a Motion for Non Pros. Check with the Prothonotary in the court you're in to see if it can provide you with the 10 day notice of nonpros form (make sure it's not 10 day notice of default) & a non pros motion form. Good luck.

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Answered on 2/07/11, 7:14 pm
Andrew Solomon Law Office of Andrew A. Solomon

I agree with Mr. Teitell. The type of form you have to file can be found at http://www.formsworkflow.com/d49405.aspx

Put the Common Pleas caption, court term and number on the form as well as the county of the court of common pleas. Your zip code indicates Tobyhanna which is in Monroe County. If this is where the common pleas action is pending, substitute Monroe county for Dauphin county on the form and at the bottom, put:

Lawyer Referral Service:

Pennsylvania Lawyer Referral Service

(800) 692-7375

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Answered on 2/07/11, 8:15 pm


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