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STEIN ENTERPRISES v. STEPHEN D. GOLLA (03/13/81)

decided: March 13, 1981.

STEIN ENTERPRISES, INC., APPELLEE,
v.
STEPHEN D. GOLLA, APPELLANT



No. 29 January Term, 1979, Appeal from an Adjudication and Order of the Superior Court dated September 25, 1978 and referenced to No. 425 October T., 1978 affirming a judgment of the Court of Common Pleas of Berks County, dated October 31, 1977, and referenced to No. 72 June T., 1976

COUNSEL

Louis M. Shucker, John S. Alexander, Alan Linder, Reading, for appellant.

Roderick G. Snyder, Asst. County Sol., Louis R. Rizzuto, Reading, for appellee.

O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty and Kauffman, JJ.

Author: Larsen

[ 493 Pa. Page 505]

OPINION

This is an appeal from a per curiam order of the Superior Court (Hoffman, Van der Voort and Spaeth, JJ., dissenting) affirming an order of the Court of Common Pleas of Berks County. We granted the petition for allowance of appeal in order to define the standards for the waiver of costs in appeals from adverse arbitration awards under the Act of June 16, 1836, P.L. 715, §§ 27, 28, as amended, 5 P.S. §§ 71, 72.

In 1976, an arbitration award in the amount of $587.02 was entered against appellant, Stephen D. Golla. Appellant, desiring to appeal this award to the court of common pleas for a trial de novo before a jury, filed a petition with the court of common pleas, pursuant to 5 P.S. § 72,*fn1 alleging

[ 493 Pa. Page 506]

    that he was unable to pay the "fees, costs and expenses" of appeal.*fn2 These costs are as follows:

Accrued costs $41.45

Appeal bond without surety

(rocognizance) ...


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