Kelley v. Harr – Pa. Super. – May 4, 2021 – non-precedential decision**
http://www.pacourts.us/assets/opinions/Superior/out/J-A02032-21m%20-%20104765738134426335.pdf?cb=1
Held: Court refused to reinstate Plaintiff’s appeal, which was dismissed when defendant/appellee filed praecipe for dismissal when plaintiff/appellant failed to file proof of service of notice of appeal in this civil, non-LT case.
MDJ Rule 1005(B) requires an appellant to file “proof of service of copies of the notice of appeal. . . within 10 days after filing the notice of appeal.” Appellant failed to do so. MDJ Rule 1006 provides a mechanism for an appellee to have the appeal stricken “upon praecipe, for failure to file a proof of service: ‘Upon failure of the appellant to comply with Rule 1004A or Rule 10056, the prothonotary shall, upon praecipe of the appellee, mark the appeal stricken from the record." Pa.R.C.P.M.J.D. 1006.
However, Rule 1006 also allows the Court of Common Pleas to reinstate the appeal "upon good cause shown." Id. In this usage, "good cause" "require[s] an appealing party to proffer some legally sufficient reason for reinstating the appeal." Slaughter , 636 A.2d at 1123 (citing Anderson v. Centennial Homes, Inc., 594 A.2d 737, 739 (Pa.Super. 1991)). Appellant filed to provide such proof. Pro se status, without more, is not good cause.
Moreover, appellant here did not provide any record evidence of actually having served the notice of appeal, regardless of the failure to provide proof of any such service.
++++++
**An unreported, non-precedential Superior Court case decided after May 1, 2019, may be cited for its persuasive value, but it is not binding precedent. See 210 Pa. Code 65.37(B).
