No. 956 April Term, 1979, Appeal from the Order of the Court of Common Pleas of Allegheny County, Pennsylvania at No. G.D. 78-30329, Law - Assumpsit, Civil Division, entered September 30, 1979.
David Abrams, Monroeville, for appellant.
Thomas R. Solomich, Pittsburgh, for appellee.
Hester, Montgomery and Van der Voort, JJ.
[ 285 Pa. Super. Page 370]
Appellant initiated this action by filing a Complaint in Confession of Judgment for $33,733.28 against the appellee union for rentals due under Lease Agreement. The union subsequently filed a Petition to Strike and/or Open Confessed Judgment. Said Petition was answered by appellant pursuant to a Rule to Show Cause entered by the Honorable John P. Flaherty.
Thereafter, an Order was entered on May 4, 1979, and consented to by counsel for both parties, stipulating that the matter be submitted to one arbitrator for a final determination. The order provided that:
". . . that the parties hereto by and through their respective counsel, hereby consent and stipulate to have the entire matter heard by an arbitrator to be appointed by the Court without necessity to proceed with litigation in these Court proceedings; it is hereby ordered and directed
[ 285 Pa. Super. Page 371]
that this case is referred to James Leahy, Esq., who shall act as arbitrator in this matter and whose decision shall constitute a final determination of the claims of the parties with respect to this matter; it is further ordered that this Court, should a necessity arise for any questions of interpretation or rulings on evidentary (sic) matters shall retain jurisdiction of this case, as well as for purposes of confirming judgment on any said award."
The arbitrator found in favor of the appellant, however, for an amount considerably less than its claim on which judgment had originally been entered. On August 2, 1979, appellant filed a Notice of Appeal from the arbitrator's award with the Court of Common Pleas of Allegheny County. The appellee moved to quash the appeal, contending that the arbitrator's award was final and non-appealable. The Honorable R. Stanton Wettick of the Court of Common Pleas, entered an Order dated September 30, 1979, quashing the appeal. Thereafter, this appeal ensued.
The single issue before us is whether appellant had a right of appeal from the award of the arbitrator. The lower court found no such right of appeal existed and we affirm.
Appellant bases its appeal on 42 Pa.C.S.A. § 7362 of the Judicial Code, which concerns voluntary arbitration of pending judicial matters. This section permits arbitration before one or more persons by consent of the parties and ...