Appeals

Summary and Superior Appeals

Appeal of Summary Convictions from the Magisterial District Judge Disposition

A defendant who has been found guilty or who has plead guilty of a summary offense may file an appeal with the Court of Common Pleas within thirty (30) 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 or the hyperlink copy (see below) may be completed. A non-refundable fee of $71.40 is charged by the Clerk of Courts for the filing of a summary appeal.

Print and complete the Notice of Summary Appeal form. Notice of Summary Conviction Appeal Form

Mail FIVE (5) COPIES enclosed with a check or money order in the amount of $71.40 (non-refundable Summary Appeal filing fee) payable to the York County Clerk of Courts to the following:

York County Clerk of Courts – Costs & Fines
York County Judicial Center
45 North George Street
York, PA 17401

If more than thirty (30) 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 (30) days since the District Court disposition) has passed. Mail one (1) copy of the completed form and a check or money order in the amount of $71.40 for the filing under the Summary Appeal (SA) docket type made payable to the York County Clerk of Courts. The Petition Nunc Pro Tunc is also available at the main filing counter at the Clerk of Courts.

If you are unable to afford the Summary Conviction Appeal filing fee of $71.40, 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 a 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.

If the Court grants the In Forma Pauperis petition and waives the $71.40 Summary Conviction Appeal filing fee, the defendant must complete and file five (5) copies of the Notice of Summary Conviction Appeal Form either by mail or in person within thirty (30) days of the Order granting the In Forma Pauperis petition. 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 held every month on Wednesdays – 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 $71.40 filing fee and the defendant wishes to proceed with a Summary Appeal filing, the defendant must complete and file five (5) copies the Notice of Summary Conviction Appeal Form either by mail or in person within thirty (30) days of the Order denying the In Forma Pauperis petition AND remit/enclose a check or money order in the amount of $71.40 payable to the York County Clerk of Courts.

Note – ALL filing fees are also payable by credit card either on-line (see “Make Payment” tab/link), by phone at 717-771-9363, or in person at the Costs & Fines window.

If you have any questions regarding the filing of a Summary Conviction Appeal, please email SummaryAppeals@yorkcountypa.gov or call 717-771-3292.

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 SUPERIOR COURT in the Clerk of Courts Office

• One (1) original and one (1) copy must be filed with the Clerk of Courts with filing fees of $82.70 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 given to an indigent or poverty-stricken individual to appeal without payment of court fees.
• Once Superior Court receives the notice of appeal, they will assign their own case number to the case (MDA).

• The Common Pleas Judge, regarding the matter appealed in the Clerk of Courts Office, files an opinion. It is entered into the computerized case history and forwarded along with the entire original court record to the Superior Court.

• A decision will then be made in the Superior Court proceedings and the lower court will then be notified.