abuse - expungement - appeal - nunc pro tunc
P.S. v. DPW - Cmwlth. Court - 2/3/12 - unreported memorandum opinion
Alleged abuser filed a timely appeal from an indicated DPW report in 2000. In 2004, DPW claims that it sent appellant a Rule to Show Cause why the appeal should not be dismissed, then dismissed the appeal when appellant did not respond.
However, there is nothing in the record to show that the Rule to Show Cause was properly served on P.S. or her counsel. While the names of P.S. and her counsel were listed on the Rule, there is no address provided for them and no certificate of service upon which we could rely to determine whether P.S. was properly served. Therefore, we are unable to make a determination as to whether there was a breakdown in the administrative process that would justify an appeal nunc pro tunc.
Case remanded for a hearing on whether P.S. is entitled to a hearing nunc pro tunc.