302 Expungement Update

[GeneralRaptor2002]

An update in my 302 expungement case:

My counsel and I filed my 302 expungement case on August 15th. We waited for over 20 days with no response from the most important party, the Pennsylvania State Police, so we sent them a 10-day default judgment notice. Finally, on September 25th, with the 10 days almost up, counsel for the Pennsylvania State Police Andrew J. Lovette filed an entry of appearance.

I'm one step closer to having my rights restored. Now I just need to wait for this to be assigned to a judge and for a hearing date to be scheduled.

I may hold the record for the youngest person to file this sort of case, 17 years, 6 months, 1 day when the case was filed, I'm wondering if the Pennsylvania State Police would be able to confirm or if that information is protected.

Anyway, I'll keep you guys updated.

Feel free to ask me questions about this.

If you need to find an attorney for a 302 expungement, I made a post here with a list:
http://forum.pafoa.org/showthread.php?t=350830

[streaker69]

Was it actually required to send them the default judgement notice?

[gnbrotz]

Was it actually required to send them the default judgement notice?

Probably the only option other than waiting indefinitely to see if they ever bother to respond.

That document would also be a good foundation for the same (default judgement) argument in a court, which would be needed to make it all official, since a plaintiff and their attorney can't completely "settle" the matter by deciding between themselves that it's resolved.

[GeneralRaptor2002]

Was it actually required to send them the default judgement notice?

Probably not, but we weren't going to wait forever for the Pennsylvania State Police to respond. Pennsylvania rules of civil procedure say you're supposed to respond within 20 days if you actually want to respond. The Pennsylvania State Police has a full-time paid professional legal department so I see no reason why they can't file a simple entry of appearance within 20 days. I know they have a lot on their plate, but filing an entry of appearance is rather simple. They can always ask for a continuance on court hearings if scheduling is an issue.

[streaker69]

Probably not, but we weren't going to wait forever for the Pennsylvania State Police to respond. Pennsylvania rules of civil procedure say you're supposed to respond within 20 days if you actually want to respond. The Pennsylvania State Police has a full-time paid professional legal department so I see no reason why they can't file a simple entry of appearance within 20 days. I know they have a lot on their plate, but filing an entry of appearance is rather simple. They can always ask for a continuance on court hearings if scheduling is an issue.

Exactly why it shouldn't be necessary for you to remind them to do their job. Couldn't you have just let it go, and then gotten a default judgement against them, and avoid them fighting you in court?

[Justin///M]

Good luck and thanks for the update!

[GunLawyer001]

Exactly why it shouldn't be necessary for you to remind them to do their job. Couldn't you have just let it go, and then gotten a default judgement against them, and avoid them fighting you in court?

It's like chess, where you can't sneak up and take the king, you have to announce that he's in check.

"No judgment of non pros for failure to file a complaint or by default for failure to plead shall be entered by the prothonotary unless the praecipe for entry includes a certification that a written notice of intention to file the praecipe was mailed or delivered . . . in the case of a judgment by default, after the failure to plead to a complaint and at least ten days prior to the date of the filing of the praecipe to the party against whom judgment is to be entered and to the party’s attorney of record, if any."

[streaker69]

It's like chess, where you can't sneak up and take the king, you have to announce that he's in check.

"No judgment of non pros for failure to file a complaint or by default for failure to plead shall be entered by the prothonotary unless the praecipe for entry includes a certification that a written notice of intention to file the praecipe was mailed or delivered . . . in the case of a judgment by default, after the failure to plead to a complaint and at least ten days prior to the date of the filing of the praecipe to the party against whom judgment is to be entered and to the party’s attorney of record, if any."

That's what I was asking, if it was required or not. That's why you get the big bucks.