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

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

Farmingville, NY -

Attorney Answers (1)

Timothy A. Provis

Timothy A. Provis

Appeals Lawyer - Port Washington, WI

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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