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Pennsylvania Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: Good evening, I am trying to appeal and/or reconsider three rulings dated September 20th 2021.

Good evening,

I am trying to appeal and/or reconsider three Common Pleas Court rulings dated September 20th 2021 because the judge previously granted a continuance but seemingly spontaneously ruled on the three issues anyway. Look at the attached docket. Even assuming some other mistake,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

You need to contact Legal Aid if you haven't already. https://www.palawhelp.org/organization/north-penn-legal-services-stroudsburg-office/housing-and-shelter/eviction?ref=PYCKA

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: found guilty of retail theft at family dollar. Charged suspisciously! I am NOT GUILTY. Appealed descison!!Please help

. Accused of thEft summary offense local police officer was who put the charges on me the charges were placedweeksafter I got home with my purchased items. No stolen items. I have the receipt and there was no apprehension of me nor did anyone contact me until the court papers came in the mail. It... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 20, 2021

First make copies of your documents. Ask for a public defender. Call the county bar association and see if they have any volunteer lawyers.

Ask the prosecutor to produce a list of the items allegedly stolen. If your slip matches theirs no problem.

Q: I need to find case law defending against 5503 a(1) (2) (3) (4). I have a couple days to find c.l. but I'm not sure...

...sure how to locate any. I was assaulted on my property by a cop for recording, he broke my property

and he refused to identify. My reaction was provoked. There was no intent on my part to be disorderly. Any help you can offer would be greatly appreciated.. thanks

Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2021

you need to find an attorney. As you may have a possible civil case, contact the ACLU, ask to talk to someone who handles "police misconduct" cases, ask them for names of their "cooperating attorneys." Speak to one or more of those.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Pennsylvania on
Q: Appeal a felony gun charge as an authorized concealed to carry citizen.

Due to ongoing disputes with my neighbor and family members, I used my concealed to carry gun on my property. This was my first offense. My bail was excessive and the harassment in jail was unbearable so I plead guilty to 23 1/2 months and fours of probation. I would like to appeal my case,... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 31, 2021

You entered a guilty plea--generally, a charge for which you plead guilty cannot be appealed. If you have any cause to set aside that guilty plea, that has to be done in the trial court.

2 Answers | Asked in Appeals / Appellate Law for Pennsylvania on
Q: I was acquitted of a crime on appeal. I had been order to pay restitution.

What is the controlling case law or statue in Pennsylvania that requires the court to return the money to the Defendant.

Charles William Michaels
Charles William Michaels answered on Jul 13, 2021

I don't know if any restitution you have paid can be refunded to you, if you have won on appeal. Perhaps you need to file a motion with the trial court, attached the appellate decision, and request a hearing.

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1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: if the appellant in Superior Court, makes the appellee(defendant) not Answer my brief in 30 days, what happens???
Charles William Michaels
Charles William Michaels answered on Jun 7, 2021

I don't have the details of this question. Check the PA appellate rules, but generally speaking if the appellee does submit a brief, or does not submit a timely brief, the appellee loses the right to proceed with oral argument AND perhaps the court would not even READ the appellee's brief.

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Land Use & Zoning for Pennsylvania on
Q: Hello, I have a question about the recent purchase of a house.

When the inspection and walk throughs were done it was winter time and there were a few snow storms and the deck on the house was covered with snow. Once the snow cleared we noticed that the deck had an addition done which is completely unsafe, and when signing the mortgage paperwork the previous... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 4, 2021

Did you have the house inspected? If not, as is means as is. If there was a disclosure form, and they did not disclose that is your best avenue.

You want to find what it would cost to fix, and ask them for it. See how long the other realtor had it for. If you have a realtor ask them how...
Read more »

1 Answer | Asked in Employment Law, Appeals / Appellate Law and Employment Discrimination for Pennsylvania on
Q: Is Terroristic threat considered a crime

A violent crime

Charles William Michaels
Charles William Michaels answered on Oct 23, 2020

It could be, depending on the circumstances.

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: Hello, I have filed a writ of mandamus and the status with the Court is "awaiting answers". Answers from whom?
Charles William Michaels
Charles William Michaels answered on Sep 12, 2020

Answers, I suppose, from whoever is on the other side. There must be some one or some entity who is required to respond.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Pennsylvania on
Q: Once a Motion To Reconsider is filed and marked by the court, does the Judge have a time limit to respond...if at all?

A MTR was filed within the allotted time. It was marked by the court. It has now been 20 days and I have yet to hear anything. A contempt complaint that was filed at the same time, was scheduled within 15 days.

Charles William Michaels
Charles William Michaels answered on Sep 3, 2020

Unless there's a Rule limiting the court's time to respond, there's no time limit. However, if the motion is denied, that ruling will start the clock running on noting the appeal--if you want to do that.

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Family Law for Pennsylvania on
Q: I am looking for tips on how best to research for an appellate lawyer for a child relocation ruling in Bucks County, PA.
Charles William Michaels
Charles William Michaels answered on Jul 22, 2020

I can draft a brief but I am not admitted to practice in PA. You will have to find co-counsel in PA who can enter his/her appearance, can file the brief and can do any oral argument. I have done briefs in PA courts and I am familiar with family law issues.

What is the deadline on the...
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Q: please help layperson looking filings for appellets brief, appelle's brief and amicus. can you tell me where to look TY

example i am looking for a website or access to filings requesting appellets brief, appellee's brief amicus----example

commonweath v. Kareen johnson docket # 339,EAP 2018----- or commonwealth v. Rivera #601 MAL 2018. idont understand all this it is for my son's case. can you... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 16, 2020

You have courage to undertake such a difficult project. There are very knowledgeable Pennsylvania criminal defense - appeal attorneys here who are really the ones with insight into this, and they could give the best direction. But your post remains open for four days, and some law offices might be... Read more »

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: My brother has asked me to help him electronically file his appeal with the Pennsylvania Superior Court. Can I legally?

He is filing pro se and has limited access to the law library due to the covid 19 restrictions. I have no legal background. He would provide the written brief and is asking me to format it and file it electronically via the PAC file.

Charles William Michaels
Charles William Michaels answered on Jun 6, 2020

I don't see why not. You are not representing him, you are not a lawyer, you're just assisting in a pro se filing. Unless there's an appellate rule prohibiting this (and I haven't reviewed the PA appellate rules), there should be no problem. Unless I'm missing something...

1 Answer | Asked in Appeals / Appellate Law and Employment Law for Pennsylvania on
Q: won unemployment appeal employer didn’t show now employer appealed the decision

Employer said it was due to rule violation but never showed for appeal hearing. I never got written up or signed anything and no handbook and I won now he appealed it

Peter N. Munsing
Peter N. Munsing answered on Nov 26, 2019

Anyone can appeal anything. Doesn't mean they win. If the appeal is from the initial determination/examiners decision they can try to introduce evidence. If it's appealing a referee decision, they are stuck with the record.

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: How does the appeal for disability work am new at appealing I always just give up but am told am able to get disability

I have cognitive emotional disability and I have other things that stop me from working torn shoulder tendinitis in the knee arthritis bad ankle that never healed it’s hard for me to function

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 7, 2019

If you have been denied disability compensation, it may be time to get a lawyer involved.

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: I was awarded my judgment in a civil dispute in the amount of 2,600 plus court cost now the defendant has appealed

Will the matter and hearing take place in the same local court. Can not afford to pay lawyer fees to fight this appeal. What are my chances of the judges decision holding up through the appeal

Peter N. Munsing
Peter N. Munsing answered on Apr 26, 2019

Assuming you were in District Justice Court, the appeal means basically you go to arbitration. You have to file another complaint in the Court of Common Pleas in your County, and mail a copy to the person on the other side, and file an entry of pro se appearance . Then it gets put on a track for... Read more »

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: I have a pfa against my mil that she appealed to superior court. Do i just show up to the hearing
Cary B. Hall
Cary B. Hall answered on Dec 16, 2018

Yes and no. There are very specific procedures for appeals to the Superior Court of Pennsylvania, and she must follow them to get any appellate relief at all. You too must correctly follow all of the appellate procedures.

If oral argument is requested and scheduled -- that's the...
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1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: Can grandmother successfully appeal our adoption petition?

My husband and I have had foster daughter for over three years (4mths to present). Both us and grandmother petitioned for adoption. After hearings for both, judge dismissed their petition and granted ours. Now they have appealed. What are chances of us losing her to them?

Cary B. Hall
Cary B. Hall answered on Dec 16, 2018

Zero idea, because I know zero about your case -- either substantively or procedurally -- and neither does any other attorney here on Justia. If you have an attorney that assisted you through the adoption process, however, you should pose your question to him/her. If you don't have an... Read more »

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: How do I appeal a name change award for my son?
Cary B. Hall
Cary B. Hall answered on Nov 28, 2018

If you do it quickly (typically 10 days after the trial court order), you could ask the trial court to reconsider its order. If you did not receive notice, file for reconsideration and say that.

Otherwise, you have 30 days after the order to file an appeal to the Superior Court of...
Read more »

1 Answer | Asked in Appeals / Appellate Law, Employment Discrimination and Employment Law for Pennsylvania on
Q: im trying to appeal my unemployment benefits
Peter N. Munsing
Peter N. Munsing answered on Oct 11, 2018

You haven't said why or what grounds. First get the appeal in before the deadline--you can always add to it.

If you can't afford an attorney, contact North Penn Legal Services. https://www.northpennlegal.org/

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