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Pennsylvania Appeals / Appellate Law Questions & Answers
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...
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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/

1 Answer | Asked in Child Support, Family Law and Appeals / Appellate Law for Pennsylvania on
Q: I have a Nj Child Support Issue that is open since 1997 the Child is over 18 now and in 2000 I filed for adoption

I gave him up for Adoption due to have become a Single Mother a d he had Cerebral Palsy and some other Disabilities so I was told then. The State of Nj still is taking$50.00 a Week out of my Pay now they are saying the Employers are not sending this Money to.them. I Live in PA and I feel I need to... Read more »

Cary B. Hall
Cary B. Hall answered on Sep 19, 2018

You need to address your issue with a New Jersey attorney, since New Jersey law is at play here. Try again in the New Jersey section.

Best of luck to you.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Pennsylvania on
Q: I live in Pennsylvania. If the Federal Appellate court in District 9 reverses a decision that is identical to a

conviction in PA, how can someone use that decision to reverse a conviction in PA?

Peter N. Munsing
Peter N. Munsing answered on Jul 24, 2018

9th Circuit rulings aren't binding on the Third Circuit, but it sounds like you were convicted so you are looking at Superior Court of 3rd Circuit. Why not discuss it with whoever represented you in the criminal case?

1 Answer | Asked in Animal / Dog Law, Appeals / Appellate Law and Landlord - Tenant for Pennsylvania on
Q: Can you appeal a descion from landlord to get rid of dog?

So a few days ago we tied our dog outside and went in to get the watering can. Within that time(30 secs) our neighbor was outside with our dog saying he got loose and ran up to someone. No one was around to ask what happened(victim or otherwise) 30 mins later cops our at our dog for a report on a... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 18, 2018

Check your lease. You haven't said what breed of dog he is. If he is strong enough to pull a stake out of the ground then chances are no court will side with you.

Second, he knocked someone down. That's aggression. You may think it's cute. The fact you wrote the above says...
Read more »

2 Answers | Asked in Workers' Compensation, Appeals / Appellate Law and Sexual Harassment for Pennsylvania on
Q: What can I do if my employer gave me a fraudulent workers comp number to provide to health care providers?

This was done twice which kept me from recovering as I should have

Glenn Neiman
Glenn Neiman answered on Jun 11, 2018

You should consult with an attorney certified as a specialist in workers compensation law. The attorney can see what has been filed and determine what the situation might be. There would be no charge for an initial consultation.

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2 Answers | Asked in Appeals / Appellate Law, Family Law and Child Custody for Pennsylvania on
Q: My daughter won her appeal, however the court still is withholding the children.How long can this go on?

They are trying to bully her into changing her story and saying something happened that did not. They are mentally abusing her. The case worker called her the day before the hearing and told her the children were coming home the next day, she was so excited, overjoyed and then show up for court to... Read more »

Cary B. Hall
Cary B. Hall answered on Jun 7, 2018

Unfortunately, it's impossible to answer your question without knowing all of the facts of your daughter's case. Presumably it's a dependency case, with Child & Youth involved? Troubling perhaps that her attorney agreed to continue the kids in placement for another 30 days if... Read more »

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Pennsylvania on
Q: On an appeal, do I need to have a criminal attorney from the county in which the original trial took place?
Zak Taylor Goldstein
Zak Taylor Goldstein answered on Mar 25, 2018

No, criminal appeals are all done through e-filing, and they consist mostly of writing briefs to make arguments based on the record. Sometimes there are oral arguments that could require travel, but many appeals do not involve oral argument. You can hire any attorney who is licensed in the... Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Appeals / Appellate Law for Pennsylvania on
Q: How should i best handle charges due to U-Haul truck damages that I did not cause?

Dispatch:

- truck was not checked with me by an employee (neglect of standard procedure)

- no damages during trip - not even contact with a tree

- dropped -off that day

- week later charges for 2,000 in damages put on credit card they had on file with not so much as... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 22, 2018

Hope you told your credit card company the amount is in dispute. Did you have witnesses? Find out what they are claiming are the damages--if it's things like undercarriage likely you didn't cause them.

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