Smith v. Pennsylvania Board of Probation & Parole

Because I believe that Ronald Smith’s (Parolee) cash slip here is sufficient to evince the date of mailing of his petition for review, I must dissent.

As the majority points out, our rules of appellate procedure specifically provide that a petition for review shall be deemed filed on the date the petition is deposited in the mail, “as shown on a U.S. Postal Service Form 3817 certificate of mailing.” Pa.R.A.P. 1514(a). However, in Sheets v. Department of Public Welfare, 84 Pa. Commonwealth Ct. 388, 479 A2d 80 (1984), we indicated that although Pa.R.A.P. 1514(a) specifically refers to the use of…