Pennsylvania Appeals

COMMONWEALTH OF PENNSYLVANIA APPEALS

Appeals and Motions LLC also handles the taking of a civil and criminal case final order or judgment on appeal to the Pennsylvania appellate courts and to the Supreme Court. Cheryl H. Picker, Esq. was admitted to the Bar of the Commonwealth of Pennsylvania in 1988 and retains active membership under the Supreme Court of Pennsylvania so she can fully represent the interests of a client residing in Pennsylvania. She graduated from Temple University School of Law in 1988 with many accolades and awards, listed in the Bio section, clerked for a federal district judge in the Eastern District of Pennsylvania and was also a litigation associate at one of Philadelphia’s most respected and oldest firms, Drinker Biddle & Reath. Prior to becoming an attorney in 1988, Ms. Picker taught criminology and juvenile justice at the Central Missouri State Agency, Temple University and the State University of New York at Albany and was an Associate Director of the National Institute of Correction’s Prison Over-crowding Project, funded by the Department of Justice, as well as Project Coordinator for the nations’ first sex offender program, the Joseph J. Peter’s Institute, also located in Philadelphia. While at Drinker Biddle & Reath, she practiced law as a defense attorney involved with several multi district litigation lawsuits consolidated in the Third Circuit Court of Appeals. Therefore, if you find yourself in need of an attorney well versed with both the practices and procedures of the Pennsylvania appellate courts as well as the Third Circuit Court of Appeals, please consult Cheryl H. Picker at Appeals and Motions LLC to fully and most ably represent you in all aspects of your appeal.

An appeal from a lower court to an Appellate Court is taken by filing a Notice of Appeal with the clerk of the lower court within 30 days after entry of the order from which the appeal is taken as opposed to 45 days in New Jersey. Accompanying the Notice of Appeal should be the Request for a Transcript of the proceedings below or a statement by counsel that there is no verbatim record of the proceedings. A copy of the docket entry showing the entry of the order shall be attached to the Notice of Appeal. The clerk of the lower court shall immediately transmit to the Prothonotary of the Appellate Court named in the notice of appeal and a copy thereof showing the date of receipt, the related proof of service, receipt of any docketing fee and a copy of the transcript request. In addition to appeals from final court orders, the Appellate Court also accepts final decisions from state administrative agencies for judicial review of a determination of a governmental unit.

An Application for a Stay or Injunction Pending Appeal must ordinarily be made in the first instance to the lower court and, if denied, to the Appellate Court.  As in New Jersey, conditions for the imposition of a stay constitute similar arrangements in terms of a deposit of a certain sum of money with the court as security for the judgment. As stated and emphasized before in the New Jersey sections, protection of the record is supreme! Therefore, Appeals and Motions LLC should be called in as early as possible in a case to advise, consult and prepare pre and post-trial motions and ensure objections and the reasons therefor are consistently made throughout trial for later use in the appeal.

Although New Jersey and Pennsylvania are similar in terms of appellate practice, there are significant nuances that appellate counsel must have knowledge of without hesitation. As mentioned, in Pennsylvania, the appealing party only has 30 days, not 45 days as in New Jersey, to file a Notice of Appeal. Such Notice of Appeal, unlike New Jersey, is filed initially with the lower court clerk and not with the Clerk of the Superior Court of New Jersey Appellate Division. Cheryl H. Picker, Esq. has firm and absolute knowledge of the differences and will render a Pennsylvania client as much care and concern for winning the appeal as a New Jersey client. She feels just as much as home in the appellate arena in Pennsylvania as she does in New Jersey’s.

   

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