Werner H. Von Rosenstiel, Philadelphia, for appellant.
Thomas M. Guinan, Philadelphia, for appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Watkins, former President Judge, did not participate in the consideration or decision of this case.
[ 253 Pa. Super. Page 218]
Appellant contends that the lower court improperly quashed his appeal from an arbitration award. We agree and, therefore, reverse the order of the lower court.
On January 29, 1976, appellant filed a complaint in assumpsit against appellee in the Philadelphia Court of Common Pleas. Because appellant did not seek to recover in excess of $10,000, the case was assigned to an arbitration panel.*fn1 On October 22, 1976, the arbitration panel heard testimony and entered a finding in favor of appellee.
On November 12, 1976, appellant took an appeal from the arbitration award. Appellant filed a notice of appeal with the prothonotary in which he alleged that all accrued and record costs had been paid or tendered to appellee. Appellant also filed a recognizance bond and an affidavit stating that he undertook the appeal in good faith.*fn2 On December 3, 1976, appellee filed a motion to quash the appeal. Appellee alleged that appellant had not fully paid or tendered record costs within twenty days after the arbitration award as required by statute.*fn3 Appellant filed an answer which asserted that he had not paid any costs to appellee after the entry of the arbitration award because no costs appeared on the record. On January 11, 1977, the lower court quashed the appeal from the arbitration award because he did not pay all accrued costs within twenty days after the entry of the arbitration award. This appeal followed.
Appellant contends that the lower court improperly quashed his appeal from the arbitration award. More specifically, appellant asserts that the record does not reflect any unpaid accrued costs. Moreover, even if appellant failed
[ 253 Pa. Super. Page 219]
to make all the required payments, he asserts that he made an honest and substantial effort to comply with the statutory directives. See Black & Brown, Inc. v. Home for Accepted, Inc., 233 Pa. Super. 518, 335 A.2d 722 (1975).
A party dissatisfied with an arbitration award may appeal if he complies with the following statutory prerequisites:
"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 ...