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How to Complete a Docketing Statement for an Appeal

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  • 06-18-2011, 11:52 AM
    cthlc513
    How to Complete a Docketing Statement for an Appeal
    My question involves divorce in the State of: Pennsylvania

    I am representing myself in an appeal to the Superior Court in Pennsylvania since I can’t afford an attorney for this appeal. The appeal I am filing involves workmen’s compensation case in relation to a divorce. In 2002 (when I was still with my wife) I had a work accident in New Jersey that resulted in a permanent disability. About a year later my family moved to Pennsylvania. Then, in 2006, my wife and I separated. In 2008 the divorce process began and has been dragging on ever since. This year, I got my workmen’s compensation settlement. My wife’s attorney is making the claim that the workmen’s compensation settlement is marital property and should be divided 50/50. Recently, her attorney went to the court and asked the judge to order me to put ½ of it in an escrow account. The judge granted his request and ordered me to put ½ of it into an escrow account. I’m appealing that order because I feel that it’s ABSURD that I should have to split the disability money. I’m the one who is disabled, not her.

    Today, I got some forms in the mail from the Superior Court. The name of the form is “Family & Domestic Docketing Statement”. The first page really has me hung up since it asks for information in relation to specific law codes. The questions are as follows:

    1. Is the order appealable from a final order? ( ) Yes ( ) No

    Specify the rule and subsection governing finality (e.g., Pa.R.A.P.301, 313 341) and, if desirded, any applicable case law.

    __________________________________________________ _______________________________

    2. If the order is not a final order:
    a. Is the order appealable as of right under Pa.R.A.P.311? ( ) Yes ( ) No
    (specify which subsection) __________________________________________________ _________

    b. Was permission to appeal granted pursuant to:
    (i) Pa.R.A.P. 1311? ( ) Yes ( ) No Misc. Docket No.________________________
    (ii) Pa.R.A.P. 1501 et seq? ( ) Yes ( ) No Misc. Docket No.________________________

    3. How have issues been preserved? (e.g., pre-trial motions, post-trial motions, exceptions, objections at trial)

    __________________________________________________ _____________________________________


    INCLUDE date of filing________________________and date of decision___________________________

    4. Did the trial court order the filing of a statement of matters complained of on appeal pursuant to Pa.R.A.P.1925(b)? If so, indicate date of order___________________________________________

    Date appellant filed the Pa.R.A.P1925(b) statement with the trial court clerk/prothonotary__________________

    Date appellant filed the Pa.R.A.P1925(b) statement with the trial judge_________________________________



    I already know the order is appealable from a final decision, since the order was already made. But what is the proper rule subsection to list for question 1? Since it’s a final order, do I have to fill out anything for question 2? If so, what? In question 3, what the heck are they trying to ask? I don’t even understand the question. What should I put for that? What about question 4?
  • 06-19-2011, 03:01 PM
    Mr. Knowitall
    Re: Understanding a Superior Court Docketing Statement
    The judge ordered that you put half of the money in escrow, pending a final decision in the litigation over whether your wife is entitled to half? Then it's not a final order. We're not in a position to guess - we only know what you tell us - so make sure you know the status of the order as you need to know if you're appealing by right or by leave and, if the latter, whether you must take additional steps before you can proceed with the appeal.

    Appeals are technically complicated. If you're stumped by the docketing statement, in my estimation you need a lawyer.

    You answer question 1 if the order is a final order, and question 2 if it is not.

    In simple terms, an issue is preserved if it is raised in a timely fashion, clearly identified, and adequately briefed.

    You should know whether or not the court ordered the filing of a statement of matters complained of on appeal. If not, no answer is required.
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