Current through Register Vol. 54, No. 42, October 19, 2024
Rule 1101 - Appeals as of Right from the Commonwealth Court(a)Scope of rule. This rule applies to any appeal to the Supreme Court from an order of the Commonwealth Court entered in: (1) Any matter which was originally commenced in the Commonwealth Court and which does not constitute an appeal to the Commonwealth Court from another court, a district justice or another government unit.(2) Any appeal from a decision of the Board of Finance and Revenue.(b)Procedure on Appeal. An appeal within the scope of subdivision (a) of this rule shall be taken to the Supreme Court in the manner prescribed in Chapter 9 (appeals from lower courts), except that if the notice of appeal is transmitted to the Prothonotary of the Commonwealth Court by means of first class, express, or priority United States Postal Service mail, the notice of appeal shall be deemed received by the prothonotary for the purposes of Pa.R.A.P. 121(a) (filing) on the date deposited in the United States mail, as shown on a United States Postal Service Form 3817 Certificate of Mailing, Form 3800 Receipt for Certified Mail, Form 3806 Receipt for Registered Mail, or other similar United States Postal Service form from which the date of deposit can be verified. The certificate of mailing or other similar Postal Service form from which the date of deposit can be verified shall be cancelled by the Postal Service, shall show the docket number of the matter in the Commonwealth Court and shall be either enclosed with the notice of appeal or separately mailed to the prothonotary. Upon actual receipt of the notice of appeal the prothonotary shall immediately stamp it with the date of actual receipt. That date, or the date of earlier deposit in the United States mail as prescribed in this subdivision, shall constitute the date when the appeal was taken, which date shall be shown on the docket.The provisions of this Rule 1101 amended through December 16, 1983, effective 12/16/1983, 13 Pa.B. 3998; amended September 10, 2008, effective 12/1/2008, 38 Pa.B. 5257.Amended by Pennsylvania Bulletin, Vol 53, No. 38. September 23, 2023, effective 1/1/2024