Response time after appeal

[maui6180]

We are from PA.
We won a judgement of $3,500 in small claims court against a major manufacturer for failure to pay salary after I left the company. 30 days after the judgement they appealed the courts decision. Its been 13 days after we learned from the court that they appealed, and we have not received anything or any notice from anyone, including the defendant. We understood they had 10 days to serve us on the appeal. Does anyone know what the next step is? Someone told us we needed to file a "Judgement of non pros". Is there a specific form for this?
Any help is appreciated.

 

[lawrat]

Contact the clerk of the court, explain your situation and ask for the proper forms.

 

[JETX]

I believe you might be mistaken on your allowed timeframes and the process. The 10 day notice applies to judgments for possession of real property. 'Money judgments' have 30 days.

In reviewing the applicable PA code, here is what it says on 'time and method' of appeal (CHAPTER 1000. APPEALS; APPELLATE PROCEEDINGS WITH RESPECT TO JUDGMENTS AND OTHER DECISIONS OF DISTRICT JUSTICES IN CIVIL MATTER):
"Rule 1002. Time and Method of Appeal.
A. A party aggrieved by a judgment for money, or a judgment affecting the delivery of possession of real property arising out of a nonresidential lease, may appeal therefrom within thirty (30) days after the date of the entry of the judgment by filing with the prothonotary of the court of common pleas a notice of appeal on a form which shall be prescribed by the State Court Administrator together with a copy of the Notice of Judgment issued by the district justice. The Prothonotary shall not accept an appeal from an aggrieved party which is presented for filing more than thirty (30) days after the date of entry of judgment without leave of Court and upon good cause shown.

B. A party aggrieved by a judgment for the delivery of possession of real property arising out of a residential lease may appeal therefrom
within ten (10) days after the date of the entry of judgment by filing with the prothonotary of the court of common pleas a notice of appeal on a form which shall be prescribed by the State Court Administrator, together with a copy of the Notice of Judgment issued by the district justice. The prothonotary shall not accept an appeal from an aggrieved party which is presented for filing more than ten (10) days after the date of entry of judgment without leave of court and upon good cause shown."
Source: http://www.pacode.com/secure/data/246/chapter1000/s1002.html

You can read the entire Appeals procedures at:
http://www.pacode.com/secure/data/246/chapter1000/chap1000toc.html

Suggestion, call your original court and confirm that they have received notice of appeal, or what 30+ days and contact the debtor and ask for proof of their appeal.

 

[maui6180]

They did appeal on the 30th day. However, I was told by the court that they must serve me a notice withing 10 days. I never received any notification of their appeal or a filing. The court told me I had to file a "Judgement of non pros". Need to know is that a motion or a seperate form from the court. The court was not helpful...says they can't give any advice.
Thanks.

 

[JETX]

This is really a simple document that you can type up and serve on the Defendant. For a sample format, see Rule 237.4 on the following link:
http://members.aol.com/StatutesP2/C.237.html

Also, see http://members.aol.com/RulesPA/C.201.html