246 Pa. Code r. 1004 - Filing Complaint or Praecipe on Appeal. Appeals Involving Cross-Complaints
A. If the appellant
was the claimant in the action before the magisterial district judge, he shall
file a complaint within twenty (20) days after filing his notice of
appeal.
B. If the appellant was the
defendant in the action before the magisterial district judge, he shall file
with his notice of appeal a praecipe requesting the prothonotary to enter a
rule as of course upon the appellee to file a complaint within twenty (20) days
after service of the rule or suffer entry of a judgment of non pros.
C. When judgments have been rendered on
complaints of both the appellant and the appellee and the appellant appeals
from the judgment on his complaint or on both complaints, the appellee may
assert his claim in the court of common pleas by pleading it as a counterclaim
if it can properly be so pleaded in that court. If the appellant appeals only
from the judgment on his complaint, the appellee may appeal from the judgment
on his complaint at any time within thirty (30) days after the date on which
the appellant served a copy of his notice of appeal upon the
appellee.
Notes
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