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Petition To Appeal Nunc Pro Tunc - Pennsylvania
| Petition To Appeal Nunc Pro Tunc Form. This is a Pennsylvania form and can be used in Traffic Court Philadelphia Local County . |
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9-14-09 FIRST JUDICIAL DISTRICT OF PENNSYLVANIA COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY Commonwealth of Pennsylvania vs. _________________________________ Petitioner/ Defendant : : : : TRIAL DIVISION - CRIMINAL Motion Control No. ____________________________ PETITION SEEKING PERMISSION TO APPEAL NUNC PRO TUNC 1) Petitioner, ______________________________________, who resides at the following address: _________________________________________________________, City: ________________________; State: __________; ZIP CODE: __________ hereby requests the Court's permission to file an Appeal after the 30-day appeal period has expired ("Nunc Pro Tunc" Appeal) of the following citations which were adjudicated by the Philadelphia Traffic Court as follows: Citation No. Issue Date Badge No. Offense Disposition Date Disposition Date of Order Appealed 2) Petitioner understands that Appeals from Traffic Court decisions must be filed within thirty days of the date of the guilty plea, conviction or issuance of a final order, and that Petitions for permission to file an appeal after the 30-day appeal period has expired ("Nunc Pro Tunc" Appeal) can only be granted if the Petitioner alleges and proves that: (1) the delay in filing the appeal was caused by extraordinary circumstances involving fraud or wrongful or negligent act of a court official; and (2) Petitioner acted promptly in filing a Petition Seeking Permission To Appeal Nunc Pro Tunc after learning of the existence of the fraud or wrongful or negligent act of a court official. In support of the request for permission to Appeal Nunc Pro Tunc, Petitioner alleges the following fraud, wrongful or negligent act committed by a court official as well as the date when this information was discovered (Attach additional pages if needed): I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ยง 4904, relating to unsworn falsification to authorities. Date:_____________________ ______________________________ Petitioner/Defendant's Signature American LegalNet, Inc. www.FormsWorkFlow.com 9-14-09 Commonwealth of Pennsylvania vs. ___________________________________ Motion Control No. ___________________________________ HEARING NOTICE PETITION TO APPEAL NUNC PRO TUNC A hearing in the within Petition to Appeal Nunc Pro Tunc is scheduled for ___________________________________________________________, at _8:00______AM, in Courtroom ___504___, Criminal Justice Center, 1301 Filbert Street, Philadelphia, PA. 19102. Pennsylvania Rule of Criminal Procedure 575 does not require that a written Answer be filed to this Petition. An oral response may be offered at the hearing. FAILURE TO APPEAR ON THE SCHEDULED HEARING DATE WILL RESULT IN THE DISMISSAL OF THIS PETITION. FOR THE COURT: Date: ______________ ____________________________ FOR COURT USE ONLY Commonwealth of Pennsylvania vs. ___________________________________ Motion Control No. ___________________________________ ORDER AND NOW, this _________day of ______________________, 20____, upon a review of the Petition Seeking Permission to Appeal Nunc Pro Tunc, it is hereby ORDERED that: The Petition is DENIED DISMISSED. The Petition is GRANTED as to the Citation(s) listed below ONLY, provided that the Defendant files a Notice of Appeal from Summary Conviction (Traffic) - Nunc Pro Tunc within thirty (30) days of today's date at the Philadelphia Traffic Court, 800 Spring Garden Street, Philadelphia, PA. If Petitioner fails to file the Notice of Appeal from Summary Conviction (Traffic) - Nunc Pro Tunc within thirty (30) days of today's date, the Petition is deemed denied. _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ BY THE COURT: _____________________________ J. American LegalNet, Inc. www.FormsWorkFlow.com
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