No. 223 March Term, 1979, Appeal from the Order of the Court of Common Pleas of York County, Civil Division, No. 78-S-1893.
Arthur K. Dils, Harrisburg, for appellants.
Joseph K. Pierce, Harrisburg, for appellee.
Cercone, President Judge, and Watkins and Montgomery, JJ.
[ 285 Pa. Super. Page 488]
Appellants, Paul E. Wintermeyer and his wife, Helen Wintermeyer, and their son, Donald Wintermeyer, take this appeal from the order of the court, granting appellee's, Frank A. Acri, motion to quash appellants' appeal from the decision of the Board of Arbitrators. We find that appellants' appeal was timely filed, therefore, we reverse the order of the lower court which quashed this appeal.
Paul Wintermeyer and his wife, Helen Wintermeyer, own a farm in northern York County, Pennsylvania. Appellee Frank Acri was a former tenant of the Wintermeyers. On an unspecified date, appellee drove onto the farm of appellants and for an unspecified reason a fight occurred between Donald Wintermeyer and Acri. As a result of the fight, appellee filed a civil suit for damages in the Court of Common Pleas of York County, which court referred the matter to a Board of Arbitrators. The Board found in favor of appellee and appellants appealed to the court of common pleas.
The award of the Arbitrators was docketed on July 13, 1979. At that time, the local rules of court, York County Rule 28(a) said:
" Right to Appeal. Any party may appeal from the award of a Board of Arbitrators to the Court of Common Pleas. The right to appeal shall be subject to the following conditions, all of which shall be complied with within twenty (20) days after notice of the filing of their report to the Prothonotary.
(1) Notice of Appeal. The Appellant shall file with the Prothonotary a notice of appeal . . . .
(4) Notice of Opposing Parties. The Appellant shall give to all opposing parties or their counsel written
[ 285 Pa. Super. Page 489]
notice of the filing of the appeal, and shall file with the Prothonotary ...