Legal Question in Civil Litigation in Pennsylvania
If a Praecipe to Strike to Apoeal has been filed by the other party due to the plaintiff/appellant ,not filing a formal complaint 20 days after filing the appeal, can anything be done with this case like filing an entire new appeal or reopening another. The Prothonotary office did not "share" this procedural step.
2 Answers from Attorneys
The prothonotary isn't allowed to give legal advice. I'm sure they had a sign to that effect in the office.
It looks like you're the plaintiff and you didn't file a complaint in the time allowed.
Filing a complaint in Common Pleas is not the easiest task. It was at that point you choose not to.
The result is your appeal has been stricken. Therefore the DJ judgment stands,
Congratulations you saved the cost of a lawyer and you have lost your case.
{John}
This is the danger of representing yourself. Having said that, a praecipe to strike appeal is not the proper way to handle this. They were required to send a 10 day notice to you, and then move for a Non Pros, and there are other issues.
You need to contact an attorney right away to see if this can be salvaged or not....assuming that the value of the case warrants that.
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