FIRST JUDICIAL DISTRICT OF PENNSYLVANIA COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY Commonwealth of Pennsylvania : TRIAL DIVISION - CRIMINAL vs. : Motion Control _________________________________ : Appellant : 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: __________________________________________________________________________________, 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 of limitations waived" as more fully set forth below:
Citation No. Issue Date Badge No. Offense Disposition Date Disposition Date of Order Appealed
Check Here If Additional Citations Are Being Appealed. Attach 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 must prove that: (1) the delay in filing the appeal was caused by extraordinary circumstances involving fraud or wrongful or negligent act of a court official; and (2) Appellant acted promptly in filing the Appeal after 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. 3) I understand that I have an option. The District Attorney has agreed that I may file a limited Appeal Nunc Pro Tunc 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 Nunc Pro Tunc as stated above. I 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 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. I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities.
______________________________ APPELLANT'S SIGNATURE
Commonwealth of Pennsylvania vs. ___________________________________
Motion Control No. ___________________________________ HEARING NOTICE A hearing is scheduled for_________________________________, at __________AM/PM, in Courtroom _____, Criminal Justice Center, 1301 Filbert Street, Philadelphia, PA. 19102. The 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: 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
FOR THE COURT: Date: _______________ _____________________________
IMPORTANT NOTICE Commonwealth of Pennsylvania/District Attorney's Position
An Appellant who seeks to appeal citations disposed more than 30 days BUT less than one (1) year after a guilty 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 with the same citation. The Commonwealth of Pennsylvania, through the District Attorney's office, will not oppose the filing of an Appeal 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 a court official; and that (2) Appellant acted promptly in filing the Petition after learning of the existence of the fraud or wrongful or negligent act of a court official, provided the Appeal Nunc Pro TuncDisposition Only, Statute of 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 any citation that has been appealed. 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 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.