Row Officers

The Office of the Clerk of Courts

Summary Appeal - How to File

Summary Appeal Instructions

Summary Appeals Form

A Summary Appeal from summary Conviction maybe filed in the Clerk of Courts office 30 days from the date of the District Justice Hearing and/or decision. The 30 days includes Saturdays, Sundays and Holidays. Please be sure to calculate correctly for months with 31 days.

PLEASE NOTE: If you are appealing a license suspension contact the Prothonotary's office.

There is a $45.00 (non-refundable) filing fee that must accompany each appeal form. If you are found NOT GUILTY, any collateral money paid to the Magisterial District Justice will be refunded. In the event that your appeal is AMENDED or you remain GUILTY, you will be assessed $40.00 for costs of prosecution and you will be billed by mail. Monies paid to the District Court will be credited to your case. If payment is not received within 30 days, of the scheduled hearing date, this office will notify Penn Dot and they will suspend your license until notified by this office that all costs and fines have been paid in full.

You may appeal more then one citation per form if the citations were all issued by the same officer at the same incident. Once the Appeal has been filed with the Clerk of Courts Office a Miscellaneous Case number will be assigned and you will be notified within 4-6 weeks of your new hearing date.

For your convenience a link to the Department of Motor Vehicles is Provided, an online service.

In the event that your citation has resulted in the suspension of your driving privileges, you may request in writing a delay of suspension, revocation or disqualification until the outcome of your appeal hearing. You will be provided with a certified/time stamped copy of your appeal form, which can be sent directly to:

Penn Dot
Discrepancy Unit
P. O. Box 68615
Harrisburg, PA 17106

http://www.dmv.state.pa.us/

The following is the information necessary to complete the Notice of Appeal from Summary Criminal Conviction form:

*Issuing Authority Docket number.
*Citation number.
*Magisterial District number.
*Name and address of Police Officer.

*All of the above information can be obtained from the citation or by contacting the District Court.

 

SECTION NUMBER	OFFENSE	POINTS
1571	Violation concerning License	3
3102	Fail to obey policeman	2
3112(a)(3)(i) or (ii)	Failure to stop for red light	3
3114	Failure to stop for flashing red light	3
3303	Improper passing	3
3310	Following too closely	3
3321	Fail to yield to driver at right of intersection	3
3322	Fail to yield to oncoming driver making left	3
3323(b)	Failure to stop for a stop sign	3
3324	Fail to yield when entering roadway, etc.	3
3332	Improper turning around	3
3341(b)	Fail to comply w/crossing gate	4 + 30 day suspension
3342(b) or (e)	Failure to stop at railroad crossings	4
3345(a)	Fail to stop for school bus w/flashing lights	5 + 60 day suspension
3361	Driving too fast for conditions	2
3362     *3361 & 3362	Exceeding maximum speed:     6-10     11-15     16-25     26-30     31- Over  *Act 152 of 2002 - 15 day suspension for Individuals convicted of sec. 3361 & 3362 if occurred in an active work zone(11 mi over speed limit) [see sec. 3326]	2 3 4 5 5 and departmental hearing
3365(b)	Exceeding special speed limit in School Zone	3
3542(a)	Fail to yield to pedestrian in crosswalk	2
3714	Careless driving	3
3745	Leaving scene of accident involving property damage only	4

 

Information Provided by 2002-2003 Supplement, Pennsylvania Vehicle Code Annotated by Arthur S. Zanan Member of the Pa. Bar and Director, Law Library of Montgomery County