Appeal Nunc Pro Tunc Form. This is a Pennsylvania form and can be use in Philadelphia Local County.
Tags: Appeal Nunc Pro Tunc, Pennsylvania Local County, Philadelphia
COURT COUNTY .OF. . . . . . . .FIRST .JUDICIAL .DISTRICT .OF PENNSYLVANIA ......... .. ...... .......... .......... ..... : COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY Index No. Commonwealth of Pennsylvania vs. : : _________________________________ Appellant -against- TRIAL DIVISION - CRIMINAL : Motion Control : Plaintiff(s) : Calendar No. : JUDICIAL SUBPOENA No. ____________________________ : APPEAL NUNC PRO TUNC - Disposition Only : Waiver of Presence of Law Enforcement Officer and Statute of Limitations (This Form May Only Be Used If It Is Filed Within One Year Of Guilty Plea Or Conviction) : 1) Appellant, ______________________________________, who resides at the following address: Defendant(s) : __________________________________________________________________________________, City: ...................................................... ________________________; State: __________; ZIP CODE: __________ with the agreement of the District Attorney hereby appeals the following citations, which were adjudicated by the Philadelphia Traffic Court, even though the 30day appeal period has expired, because the Appellant has in turn agreed that this Appeal shall be “for disposition only, statute THE PEOPLE waived” as more fullyNEW YORK of limitations OF THE STATE OF set forth below: Citation No. TO Issue Date Badge No. Offense Disposition Date Disposition Date of Order Appealed GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed Check Here If Additional and give evidence as a witness in thisAttachon the part of the or adjourned date, to testify Citations Are Being Appealed. action List. 2) I understand that Appeals from Traffic Court decisions must normally be filed within thirty days of the date of guilty plea or conviction, and that a Defendant has no right to appeal unless the Court grants a Petition to Appeal Nunc Pro Tunc in which an Appellant mustwith this subpoena is punishable as a contempt ofwas caused by make you liable to Your failure to comply prove that: (1) the delay in filing the appeal court and will extraordinary circumstances involving fraud or wrongful or negligent act of a court official;penalty of $50 andacted promptly in filing as a the party on whose behalf this subpoena was issued for a maximum and (2) Appellant all damages sustained the Appeal after your failure to comply. result of learning of those factors. I understand that if I file a Petition to Appeal Nunc Pro Tunc and fail to prove these required facts, I would have no right to appeal at all and that my Traffic Court convictions would stand without any modification or reduction of charges. Witness, Honorable , one of the Justices of the Court in day of , agreed that I may file a limited Appeal Nunc Pro Tunc 3) I understand that I have anCounty, The District Attorney has 20 option. without their opposition if I in turn agree that: I will not seek a trial; I will waive the presence of the law enforcement officer(s) who issued the Citation(s); and I will not raise the Statute of Limitations as a defense. I choose this option because I do not believe that I can prove the requirements for a Petition to Appeal sign above and type namestated above. I Nunc Pro Tunc as below) (Attorney must verify that I have read, understand and agree with the information contained herein and in the section titled IMPORTANT NOTICE on the reverse side of this Petition, and voluntarily waive my right to file a Petition To Appeal Nunc Pro Tunc and agree to file this limited Appeal. I acknowledge that I am merely being provided an Attorney(s) for opportunity to enter into a plea agreement with the District Attorney’s office, and, if the District Attorney’s office refuses to enter into a plea agreement with me, that the Court will not accept my offer to plead guilty to a lesser offense, and further agree that my Appeal will be denied. By signing below I agree to the conditions set forth herein and in the IMPORTANT NOTICE section. Office and P.O. that false I verify that the statements made in this Petition are true and correct. I understand Address statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date:_____________________ Telephone No.: ______________________________ Facsimile No.: APPELLANT’S SIGNATURE E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : Index No. Commonwealth of Pennsylvania vs. ___________________________________ : Calendar No. : JUDICIAL SUBPOENA Plaintiff(s) Motion Control No. ___________________________________ -against- HEARING NOTICE : : A hearing is scheduled for_________________________________, at __________AM/PM, : in Courtroom _____, Criminal Justice Center, 1301 Filbert Street, Philadelphia, PA. 19102. The Defendant(s) sole purpose of this hearing is to provide Appellant an opportunity to enter into a plea agreement : ...................................................... with the District Attorney’s office, and no hearing will be held by the Court. APPELLANT/DEFENDANT PLEASE NOTE: THE PEOPLE OF THE STATE OF NEW YORK YOUR APPEAL WILL BE DENIED OR DISMISSED IF YOU FAIL TO APPEAR . RECEIPT OF THIS COPY OF THE NOTICE OF APPEAL IS YOUR PERSONAL SERVICE TO FOR THE COURT: Date: GREETINGS: _______________ _____________________________ WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court IMPORTANT NOTICE located at County of Commonwealth of Pennsylvania/District Attorney’s Position in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned seeks to testify and give evidence as more than 30 days BUT less part of the(1) year after a guilty date, to appeal citations disposed a witness in this action on the than one An Appellant who plea or conviction must choose whether to file a Petition To Appeal Nunc Pro Tunc or an Appeal Nunc Pro Tunc – Disposition Only, Statute of Limitations Waived, and may not file both, either at the same time or serially, in connection withYour failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the same citation. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a The Commonwealth failure to comply. through the District Attorney’s office, will not oppose the filing of an Appeal result of your of Pennsylvania, Nunc Pro Tunc – Disposition Only, Statute of Limitations Waived and will not require that Appellant prove that (1) the delay in filing the appeal was caused by extraordinary circumstances involving fraud or wrongful or negligent act of Witness, Honorable , one of the Justices of the a court official; and that (2) Appellant acted promptly in filing the Petition after learning of the existence of the fraud or Court in day of , 20 wrongful or negligent act ofCounty, official, provided the Appeal Nunc Pro Tunc–Disposition Only, Statute of a court Limitations Waived is filed within one year after the entry of a guilty plea or conviction and Appellant waives the presence of the law enforcement officer(s) who observed the offense(s) which are the subject of the within Appeal and Appellant further agrees to not raise the statute of limitations as a defense to anymust sign above and type name below) citation that has been appealed. (Attorney However, the mere filing of the Appeal Nunc Pro Tunc – Disposition Only, Statute of Limitations Waived does not mean that the District Attorney’s office will enter into a plea agreement. Rather, Appellant is merely provided an Attorney(s) for opportunity to enter into a plea agreement with the District Attorney’s office, and, if the District Attorney’s office refuses to enter into a plea agreement after review of the facts of the case and Appellant’s driving record, Appellant agrees that this Appeal will be denied. The Court will not approve Appellant’s offer to plead to a lesser offense unless the District Attorney’s Office agrees to the reduced plea. Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com