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Pennsylvania Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Pennsylvania on
Q: What motion, after verdict before sentencing, is made for a miscarrige of justice. PCRA? Do all trial issues need to be

Addressed to the court before sentencing. Lastly, are there any motions or reliefs that can be presented to a judge other then the trial judge, such as motions for mandamus and prohibition, that also address Constitutional violations. I realize circumstance are rare that require those motions, but... Read more »

Cary B. Hall
Cary B. Hall answered on Sep 10, 2019

Mark:

When you take your broken car to a mechanic, your end goal is to get it fixed. Exactly how that happens might be interesting, but it's not your biggest concern. You want it fixed, period. Hiring a lawyer is similar.

It sounds like you're getting bogged down in the finer...
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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 "hearing"...
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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 attorney,... 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 no one else did....
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 Children & Youth are... 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.

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: I won a case in magisterial district court. The company that lost is appealing. In the notice i got it states that I hav

20 days to file praecipe to enter rule to file complaint. how do I do that ,and what forms do I need??

Peter N. Munsing
Peter N. Munsing answered on Feb 20, 2018

I believe you have to file the complaint as I read your facts. You need to write a complaint. Suggest you contact the local bar association to see if an attorney will help you. If not, go to your county law library, and look in Dunlap & Hanna's forms for a complaint related to your situation.... Read more »

2 Answers | Asked in Appeals / Appellate Law and Child Custody for Pennsylvania on
Q: Can I appeal a decision by a custody consiliator in pa
Kathryn Hilbush
Kathryn Hilbush answered on Feb 18, 2018

Yes. The appeal period is set forth on the order you received.

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1 Answer | Asked in Appeals / Appellate Law, Workers' Compensation and Civil Rights for Pennsylvania on
Q: #1, on a workmans comp case waiting the appeal hearing for next month, how does the state recognize "employment" from an

Continued....obvious fraudulent claimant that just got out of jail? My small business has never once had an employee and frankly never will use subscontractors again either. That three months was a regret. Thieves & liars is all you get. No thanks. Also, Does Pennsylvania accept a new person thatwe... Read more »

Timothy Belt
Timothy Belt answered on Jan 22, 2018

Whether or not an individual is an employee or a subcontractor is a factual determination that depends on a number of things including the industry. If your business is involved in construction, different rules apply. The primary factor is control. Who sets the schedule. Who assigns the work.... Read more »

1 Answer | Asked in Appeals / Appellate Law, Divorce, Family Law and Child Support for Pennsylvania on
Q: How long can the courts hold you to a earning potential ? We keep appealing it and nothing happens! Help ! PART 1!!

So my fiance and his ex separated January 1st 2016. He has two children to her, a 3 year old and a soon to be 10 year old. He was working 2 part time police jobs at the time and she took him for support because she got upset finding out he and I got together. He was paying her 600 a month January... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Jan 4, 2018

I assume you're posting the rest of your question later? I can tell you that 50/50 custody is calcluated by overnights so, if your BF doesn't have the children overnight for 7 nights out of every 14, he doesn't have 50/50 custody, no matter how many days he has them without sleeping over. He may be... Read more »

1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Appeals / Appellate Law for Pennsylvania on
Q: what kind of attorney should I speak to?

My dad took it upon himself to open an account in my daughters name for a benefit we had for her due to cancer. He refuses to add me to her account. We have not recieved one bank statement since her benefit and now I'm not having much trust in his decisions. The benefit money is not being used for... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 15, 2017

You say a benefit you had. So you should tell the benefit people not to pay to that account.

I would talk first to a family coiunselor, as you don't want to get legally heavy as a first option or it's going to make family gatherings more strained then they are, especially with everyone...
Read more »

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: If PA Superior Court voted 2-1 to strike my brief with no motion to strike and w/o reason, can I still oral argue?

I am intervenor siding with appellant. I am pro se. They gave me order on when to file brief. I followed order and all other r.a.p. I think they didnt like the content because judge was disqualified but refused to recuse. They are playing games with me, I know.

Peter N. Munsing
Peter N. Munsing answered on Nov 3, 2017

You can ask them to reconsider but I wouldn't hold my breath. Usually their orders will state a reason. You are an intervenor so your rights are limited.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Appeals / Appellate Law for Pennsylvania on
Q: Im on house arrest cause i need surgery the dr wont do the surgery unless the anklet is removed....

I broke both my heels in early 17. i have to have a subtlar fusion on my left foot and will be in a cast. in order not to cause more damage to my right foot they want me to wear a boot witch isnt possible with the moniter on. What steps can i take so i can get my surgery done?

Zak Taylor Goldstein
Zak Taylor Goldstein answered on Oct 17, 2017

Your lawyer can file a motion with the probation judge asking the judge to let you remove the monitor in order to have surgery.

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