Frequently Asked Questions

$51.00 (This amount is subject to annual legislative fee adjustment - 2023 fee shown) made payable to whichever District Court is performing the wedding. You must apply for the license at least 3 business days prior to the ceremony in the Cumberland County Register of Wills office. The following MDJ's perform weddings:  Beckley , Delozier (Lower Allen Township, New Cumberland Borough, Shiremanstown Borough residents only). The following MDJ's do not perform weddings: Birbeck, Hanner, Martin, Silcox.

You may file a suit with a magisterial district judge at the Magisterial District Court if you have a complaint against a person or business and wish to recover an amount of money totaling $12,000 or less. This is called a civil lawsuit. The $12,000 limit does not include the court costs involved in the suit, or any interest which may be due on your claim. If you are successful, you are entitled to be reimbursed for court costs. The MDJ is a judge assigned to hear these types of cases. If you are involved in a dispute over a landlord/tenant issue, the time frame for hearings and appeals is different from those addressed in this pamphlet. You may also be brought before a district judge to answer a summary offense charge or a motor vehicle violation. The proceedings are similar but each has specific rules not covered in this pamphlet.

Claims for $12,000 or less may be filed in Common Pleas Court; however, District Courts are less formal, less expensive and faster than Common Pleas Courts. Also, you need an attorney in Common Pleas Court. In a District Court, an attorney is not required, but it may be advisable to have one present for certain types of cases.

In Magisterial District Court proceedings, individuals may be represented by themselves or by counsel and corporations may be represented by their officers or counsel. It must be a person legally authorized to handle and settle the claim (After 1 August 2006 a non lawyer with personal knowledge of the case may represent a party IF the appropriate paper work has been filed with the Court for each and every case that the non lawyer will act as representative.)

If you decide to sue in a District Court, you must decide which district judge has authority to handle the suit. There are rules that govern where a suit may be filed. Generally, the suit must be filed where the person you are suing lives or is located, or where your claim arose. For example, a small claim arising out of a traffic accident or contract dispute could be filed with the district judge who serves the territory where the accident occurred or where the contract was signed. The District Court closest to you can tell you if the suit is within that district. District judges may be listed in the yellow pages of the telephone book under "District Justice" or "Justice of the Peace."

Once you have found the correct office, the next step is to file a complaint on a standard form you can obtain from the District Court. The form is easy to complete. 

The important items on the form are: 

• Your name and address; 
• The name and address of the person or business you want to sue;
• The amount of money you are suing for, including all expenses; and a short statement of why you believe you are entitled to the money. 

Be sure to provide enough information so the person you are suing knows why he or she is being sued. Include the date when things important to your case may have happened. Although the complaint may be filed by mail, it is advisable to submit it personally to the District Court. It will be easier for the clerk to tell you whether your complaint has been properly completed, and, if it is not, how it should be corrected. It will also be easier to determine precisely what fees you must pay. Keep in mind that if you succeed in the suit, the party you are suing (the defendant) will be required to pay you back for the cost of filing the suit. There will be an additional fee for service of the complaint to the defendant which will vary according to how it is served.

Once you have filed a civil complaint, the clerk will schedule a hearing between 12 and 60 days from the time you file. The law requires that before the hearing, the other party must receive a copy of the complaint. 

This can be done in one of two ways: 

• You can request that the complaint be sent by certified mail. The letter will be delivered to the defendant and the receipt will be returned to the district judge as proof that it was received; or
• The complaint can be delivered by the constable for an additional fee which can be recovered if you win the suit. Sometimes having the complaint personally served is more effective because a person may not be home or may refuse to accept a certified letter and a constable can make certain that the complaint is served.

No. If a defense is entered a new civil action hearing time and date will be set and notice sent to all parties. The original date is the time by which the other party must notify the District Court that they intend to enter a defense to the suit. If no defense is entered by that set date a default judgment will be awarded in your favor.

Continuances are permitted at the discretion of the judge. You can file a written request or motion justifying the need for a continuance that may be granted or denied. You will need to contact the other party to see if they are willing to agree to the continuance, which will enhance your ability to get the continuance.

You should gather all documents and papers relating to the suit. It is also a good idea to line up supportive witnesses to be present at the hearing.

At the trial, those present will be the judge, you (the plaintiff), your witnesses, and your lawyer if you choose to have one, the defendant, defense witnesses, and possibly the defendant's lawyer. The courtroom will always be open to the public. The judge will explain the procedure to you. Do not be afraid to ask questions. During the trial, you will be given an opportunity to tell what happened that caused you to sue the defendant. Show any papers, bills, receipts, or letters you have to the judge. You will probably be asked questions by the other side, or by the judge. Then your witnesses will be allowed to tell what they know about the case. The defendant will be given the same opportunity. You and the defendant will be permitted to ask questions of any witness. The judge's decision will be made within five days of the trial and all parties are notified by mail.

If you succeed, the other party may arrange to pay you in installments, lasting up to 12 months, as set by the district justice. However, the defendant has 30 days to appeal the decision to Common Pleas Court and you cannot collect your money until that time has passed. If there is an appeal, a Notice of Appeal is filed with the prothonotary in the county courthouse. Copies of the notice will be served on both you and the district judge who made the decision. The notice prevents you from collecting any money until the appeal is decided. If the district justice's decision is in favor of the defendant, you have the right to appeal in the same manner. Please note that any party filing an appeal must also file a Proof of Service of copies of his Notice of Appeal no later than 10 days after the appeal is filed. If appealed, the case will then be heard in Common Pleas Court. Since the procedure of this court is governed by more formal rules, the presence of an attorney is strongly advised.

Call the Pennsylvania Bar Association Lawyer Referral Service toll free at 800.692.7375 or 717.238.6807. The Cumberland County Bar Association number is 717.249.3166. Check your yellow pages under "attorneys" for more details.