Szymanski v. Dotey

OPINION BY

FITZGERALD, J.:

Appellant, David G. Szymanski, appeals pro se from the judgment entered in the Chester County Court of Common Pleas, following the denial of his post-trial motion. He challenges the trial court’s decision not to grant him a new trial after entering judgment in favor of Appellees, Robert Dotey and Sherry Jenkins, following his failure to appear. We hold that under the unique facts of this case, a presumption of receipt of the notice scheduling trial is not established when a party seeking to invoke the mailbox rule has failed to demonstrate a presumption of mailing of…