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GLENN OPPEN AND ANN OPPEN v. DAN CALLAHAN (11/14/80)

filed: November 14, 1980.

GLENN OPPEN AND ANN OPPEN
v.
DAN CALLAHAN, APPELLANT



No. 1130 October Term, 1979 Appeal from an Order in the Court of Common Pleas of Montgomery County, Civil Division, No. 78-08271.

COUNSEL

Dan Callahan, appellant, in pro. per.

P. Alan Zulick, Norristown, for appellee.

Hester, Montgomery and Cirillo, JJ.*fn*

Author: Hester

[ 282 Pa. Super. Page 283]

Presently before the court is appellant's appeal from the order of the lower court dated March 27, 1979, wherein appellant's petition under Montgomery County Rule of Civil Procedure No. 807(a)(3) for leave to file an appeal from an award of a Board of Arbitrators in Forma Pauperis was denied.

We reverse and remand.

The facts may be briefly summarized as follows: Appellees brought suit against the appellant to recover the sum of money allegedly expended in securing another contractor to complete the painting of the exterior of their home in a workmanlike manner. Appellant counter-claimed for the amount of money allegedly due for additional work performed. The case was certified to arbitration where, after

[ 282 Pa. Super. Page 284]

    hearing, the Board of Arbitrators awarded appellees $968.00 in damages, and appellant $126.00 on his counter-claim.

Appellant thereafter filed a timely petition to appeal the arbitration award in Forma Pauperis wherein he alleged that he did not have the necessary security of $100.00 to cover future costs nor did he have the necessary appeal fee of $195.00 to pay into the office of the Prothonotary required for appeal. (Additionally, at paragraph 12 of his petition, appellant claimed that he did not have the required $295.00 to perfect his appeal but if in the future he should receive the necessary funds, he stated he would be willing to repay the aforesaid required filing fees).

The day following the filing of the petition to proceed in Forma Pauperis, the lower court, without a hearing, denied same. It is from that order that the instant appeal has been taken.

Appellant raises two issues on appeal: first, that the lower court abused its discretion when it denied appellant's petition without an evidentiary hearing; and second, Montgomery County Local Rule No. 807 ...


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