[Justin_westPA]

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.

[ScottGem]

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.

[AK lawyer]

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.

[JudyKayTee]

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

[AK lawyer]

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

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.

[JudyKayTee]

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 -