Pa law, Prothonotary errors. How do I appeal a appeal when the prothonoary made the mistake. Sent wrong papers. How do I refile?

Asked almost 2 years ago - Farmingville, NY

Prothnotary erred, they sent me the wrong papers CRIMINAL for a CIVIL APPEAL. How do I appeal a APPEALED case in PA. Problem I live on long Island and can't travel,head injury .
Judge heard the case even when the doctor notified him I was unable to travel
By the time they sent the correct papers, it could not be returned until the 31 st day.. Expressed mail to the head of Prothonotary, he was aware of the problem. Called him and he didn't care. Go to a atty , not his problem...NO THEY NEEDED TO SEND ME THE FORM for the appeal. Can't drive 3-4 hours to get the papers.
He sent the other side THE ABOVE CAPTIONED DISTRICT JUSTICE APPEAL HAS BEEN STRICKEN PURSUANT TO PRAECIPE FILED ON September 13, 2012
They sent the papers late not me.. I mailed to them at once...can't get the papers on lin

Attorney answers (1)

  1. Timothy A. Provis

    Pro

    Contributor Level 15

    Answered . Dear ?,

    I regret to inform you that the prothonotary is neither responsible nor liable for sending you the wrong papers. The prothonotary is simply a fancy old word for the court clerk, who is not an advocate for you. As the appellant, it is your responsibility to file the proper notice of appeal in a timely manner.
    Your only hope now is to find counsel to see if your default can be excused or set aside. You can find a PA appeals lawyer by clicking on Find a Lawyer at the top of this page.

    Yours sincerely,
    Tim Provis
    Cal. Bar No. 104800
    Wis. Bar No. 1020123
    Member: U.S. Supreme Court Bar

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