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JOHN J. POLASCIK v. WILLIAM O. BALDWIN AND MARY P. BARRETT (11/22/76)

decided: November 22, 1976.

JOHN J. POLASCIK, APPELLANT,
v.
WILLIAM O. BALDWIN AND MARY P. BARRETT



Appeal from the Order of the Court of Common Pleas of Luzerne County at No. 8537 of 1973. No. 1690 October Term, 1975.

COUNSEL

George I. Puhak, Hazleton, for appellant.

No appearance entered nor brief submitted for appellees.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Hoffman, J., files a concurring opinion.

Author: Spaeth

[ 245 Pa. Super. Page 3]

This troublesome case is an appeal from an order dismissing appellant's motion to quash an appeal from an arbitrators' award.

On November 9, 1973, appellant filed a complaint in trespass against appellees, who are nonresidents, for property damage arising out of an automobile collision. On May 10, 1974, a panel of arbitrators awarded appellant $1,590.00.

The statute governing an appeal from an arbitrators' award provides, in pertinent part, as follows:

Either party may appeal from an award of arbitrators, to the court in which the cause was pending at the time the rule or agreement of reference was entered, under the following rules, regulations and restrictions, viz.:

I. The party appellant, his agent, or attorney, shall make oath or affirmation, that "it is not for the purpose of delay such appeal is entered, but because he firmly believes injustice has been done."

II. Such party, his agent or attorney, shall pay all the costs that may have accrued in such suit or action.

III. The party, his agent, or attorney, shall enter into the recognizance hereinafter mentioned.

IV. Such appeal shall be entered, and the costs paid, and recognizance filed, ...


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