Filing fee for a summary appeal is $56.00 (plus $1.00 postage if Notice of Appeal mailed to defendant) the filing fee for the Appeal is NON-REFUNDABLE – payable to “Clerk of Courts”.  If returning form by mail. Returnable to:

Mary Jo Depreta

Clerk of Courts

125 S. Diamond Street, Suite 112

Mercer, PA  16137

 

A summary appeal must be filed within 30 days of the decision of the district justice.

 

Name and Address of Defendant:  Is who the citation was written out for.

Date: Is the date the citation was issued.

Issuing Authority Docket No:  Is the case number from the District Judge

Citation No:  Is the number at the top of the citation.

Appeal From Sentence:  Usually costs, fines & restitution – sometimes jail sentence.

Date of Sentence:  Date you were sentenced before the District Justice.

Offense(s) Convicted Of:  All charges assessed against you at the District Justice as shown on citation(s).

Name and Address of Affiant (Prosecutor):  Is the Officer or Trooper who issued the Citation or Complaint (please list name and Police Department and address)

Costs, Fine(s) or Restitution:  Is the amount paid at the District Justice.

District Justice:  Where the hearing took place, which is one of the following:

 

District 35-2-01 – Travis Martwinski , 1217 Hall Avenue, Sharon, PA  16146

District 35-2-02 – Mary Odem, 425 Idaho Street, Farrell, PA  16121

District 35-3-01 – Daniel Davis, 123 W. Market Street, Mercer, PA  16137

District 35-3-02 – Douglas Straub, 574 Barkeyville Road, Grove City, PA  16127

District 35-3-03 – Brian Arthur, 14 North Race Street,, Suite 1, Greenville, PA  16125

 

If you are going to have an attorney represent you in this action, please have your attorney enter his/her appearance in the Clerk of Courts office.

Once you file a summary appeal, the Court Administrator’s Office will schedule a summary appeal hearing. The Clerk of Courts’ Office will then mail the scheduling order to both the defendant/attorney and the affiant or person who filed the citation. If your mailing address changes after filing the appeal, you should immediately notify the Clerk of Courts’ Office at 724-662-3800, Ext. 2252. You should receive notice of the hearing about 10 days before the hearing. It could take up to 6 months for your case to be heard. You must personally attend the hearing. Your attorney cannot appear for you while you are absent, and you cannot participate by telephone. So, if you’re the person who filed the appeal, you need to be physically present on the scheduled hearing date even if you have an attorney.

 

NOTE FOR TRAFFIC (VEHICLE CODE VIOLATIONS):

 

The filing of a summary appeal does not delay the assessment of points against your driving record.  This is the policy of the Department of Driver Licensing, not the Clerk of Courts.  After the summary appeal hearing, the Department of Transportation will be notified of the outcome of the appeal.

 

If you feel your license may be suspended as a result of this summary offense and wish to comply with Act 1555, please advise this office at the time of filing the summary appeal.  Remember, this “may” delay the suspension of your license, but it is at the discretion of the Department of Transportation.  Cost is $9.00.