Appeals

Summary and Superior Appeals

Appeal of Summary Convictions From the Magisterial District Judge Disposition

A Defendant who has been found guilty of or who has plead guilty to a summary offense may file an appeal with the Court of Common Pleas within thirty days of the date of the guilty plea or trial disposition of the District Court. Notice of Summary Conviction Appeal forms are available at the main filing counter of the Clerk of Courts and must be filed in person. A non-refundable fee of $74.65 is charged by the Clerk of Courts for the filing of a summary appeal.

If more than thirty days have passed since the date of disposition (guilty plea or trial) by the District Court, the defendant may file a Petition Nunc Pro Tunc under the Summary Appeal (SA) docket type. The Nunc Pro Tunc Petition is a request made to the Court to allow the defendant to file an appeal even though the deadline (more than thirty days since the District Court disposition) has passed. The Petition Nunc Pro Tunc is available at the main filing counter at the Clerk of Courts.

If you are unable to afford the Summary Conviction Appeal filing fee of $74.65, the filing fee may be waived by Order of the Court of Common Pleas pending sufficient evidence of the inability to pay. To demonstrate inability to pay, Defendants must complete a Financial Affidavit, also known as an In Forma Pauperis (in FORM uhPAH per us) Petition - Financial Affidavit Form/In Forma Pauperis Petition. The In Forma Pauperis Petition will be filed as Miscellaneous Papers under the Miscellaneous Docket (MD) type, along with the Summary Appeal form.

If the Court grants the In Forma Pauperis Petition and waives the $74.65 Summary Conviction Appeal filing fee, the Notice of Summary Conviction Appeal form will be filed under the Summary Appeal (SA) docket type and will be scheduled for the next available term of Summary Appeal Court. See the Yearly Court Calendar, Summary Conviction Appeals under Court Administration.

If the Court denies the In Forma Pauperis Petition and declines to waive the $74.65 filing fee, and the defendant wishes to proceed with a Summary Appeal filing, he or she must pay the $74.65 filing fee plus $26.50 for the In Forma Pauperis petition that was filed. Fees are payable to the York County Clerk of Courts.

Note: All filing fees are also payable by credit card either online (see Make Payment), by phone at 717-771-9363, or in person at the Costs and Fines window.

If you have any questions regarding the filing of a Summary Conviction Appeal, please email the Summary Conviction Appeal or call 717-771-3296.

Superior Court Appeals

Appealing to The Superior Court of Pennsylvania for a Common Pleas Court decision you have 30 days from the date of sentence to file a notice of appeal to the superior court in the clerk of courts office

If PACFiled, no copies are required. If not PACFiled, one original must be filed with the Clerk of Courts with filing fees of $73.50 payable to the York County Clerk of Courts and a separate filing fee of $90.25 made payable to the Prothonotary of the Superior Court, or a petition for In forma pauperis (In the manner of a pauper). Permission is given to indigent or poverty-stricken individual to appeal without payment of court fees.