Hi,
My dad was sued in small claims court in Pennsylvania for an amount under $6,000. Each side presented their case before the judge. The judge ruled in favor of the plaintiff. I thought my dad didn't present the case well, so we appealed.

The plaintiff had 20 days to respond to an our appeal, which he did. I filed an answer with new material to his complaint within a few days. The county prothonotary has not been helpful in general, but did say the next step is usually a hearing before a panel of 3 lawyers. The clerks refuse to answer how or when that occurs. It's been 21 days and the plaintiff has not filed any response.

Questions:
1. What is supposed to happen next - is the plaintiff required to respond to the defendant's answer with new material? If so, how long does he have?

2. If he doesn't respond in time, can the defendant file a motion for default judgement?

3. The plaintiff's original complaint ended with "Trial by jury demanded!" Aren't jury trials only for cases above a certain threshold (supposedly $35K, in PA)?

Thank you for any guidance anybody provides.

First, you are filing an appeal. The plaintiff was already awarded a judgment. It is up to you to prove that your appeal has merit, the plaintiff does not have to participate. If the appeal is granted a new hearing is granted where the plaintiff would need to present his case again.

Yes, trial by jury is generally not allowed in small claims courts.

1. What is supposed to happen next - is the plaintiff required to respond to the defendant's answer with new material? If so, how long does he have?
2. If he doesn't respond in time, can the defendant file a motion for default judgement?
3. The plaintiff's original complaint ended with "Trial by jury demanded!" Aren't jury trials only for cases above a certain threshold (supposedly $35K, in PA)?


Pennsylvania court rules are strangely difficult to locate online. So I probably can't look them up. But, in general,
1. appeals from small claims judgments wouldn't involve re-pleading (filing new complaint, answer, etc.) An answer doesn't generally call for further pleading either.
2. Small claims rules don't generally require technical pleading games. So no, I seriously doubt it.
3. As ScottGem wrote, one doesn't usually get a jury in a small claims case.

I am also looking up the law but I believe a jury trial can be REQUESTED, same as NY.

I am also looking up the law but I believe a jury trial can be REQUESTED, same as NY.

This suggests not except, as in OP's situation, on appeal:


"... Do I have a right to a jury trial in small claims court in Pennsylvania?

In Pennsylvania, ... jury trials are not allowed in small claims court except on appeal; ...." Pennsylvania Small Claims Court: An Overview | Nolo.com (http://www.nolo.com/legal-encyclopedia/pennsylvania-small-claims-court-32087.html)

Since it is on appeal, perhaps the plaintiff, who apparently improperly demanded a dury trial at the small claims level, would have to also ask for one when he or she appealed.

Thanks - hope OP comes back.

Notice how everyone with a legal problem lately lives in PA? Maybe we should form the AK, attorney; JKT, investigator firm in PA -