Legal Question in Civil Litigation in Pennsylvania

a civil judgement was rendered against me for money by a local magistrate on 11/8/10.

On 12/3/10 I filed an appeal with the Court of Common please, paid the filing fee, provided proof of mailing.

Per the advice I received on here, on 2/9/11 I filed the Notice of Judgement of NonPros - certified mail,

i had notice stamped by the prothonotary.

As of today's date I have not heard anything further. Can you please guide me to the next step in the process.

Your help is greatly appreciated

Janice Takacs


Asked on 3/01/11, 2:38 pm

2 Answers from Attorneys
John Davidson Law Office of John A. Davidson

Assuming you mailed the notice of Non Pros and the Rule 236 Document the other party has 10 days to file whatever they were supposed to I'm guessing a complaint. Along with that they have to file a motion to open a default judgment and they had 10 days from February 10th. If they have done nothing then the case is over. So don't expect to hear anything. No news is great news.

{John}

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Answered on 3/02/11, 6:07 am
Richard Teitell Richard K. Teitell, Esquire, P.C.

Sometimes the terminology you use may be different than what lawyers use. I'm guessing the "Notice" you describe is the 10 day Notice. If the 10 days have passed, you need to file a Praecipe for Non-Pros along with additional documents. You need to check with the Prothy in your county for the correct documents. The documents will probably include the following: 1-a copy of the Notice; 2- a certification of service for the Notice; 3- something called a Rule 238 notice; 4- a self addressed envelope to the other party. Once the Prothy receives all the correct documents an order for non-pros dismissing the case will be entered on the docket. Good luck!

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Answered on 3/02/11, 7:16 am


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