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WILLIAM D. DAWS v. ANTHONY R. DELUCA AND MARY JO DELUCA (04/20/81)

filed: April 20, 1981.

WILLIAM D. DAWS, JR., AND JO ANN DAWS, APPELLANTS,
v.
ANTHONY R. DELUCA AND MARY JO DELUCA



No. 1930 October Term, 1979, Appeal from the Order of the Court of Common Pleas of Delaware County, Civil Division, No. 78-03728 - Assumpsit.

COUNSEL

William T. Luskus, Media, for appellants.

Stephen S. Smith, Upper Darby, for appellees.

Price, Wickersham and Lipez, JJ.

Author: Per Curiam

[ 286 Pa. Super. Page 244]

Appellants, Jo Ann and William D. Daws, Jr., instituted this action against appellees, Anthony R. and Mary Jo DeLuca, to recover a deposit which they had paid toward the purchase of real estate owned by appellees. The case was tried before a panel of arbitrators and an award was subsequently entered in favor of appellants. Appellees thereafter filed a timely appeal to the court of common pleas. Based upon appellees' alleged failure to perfect their appeal from the arbitrators award, however, appellants moved to quash the appeal. Appellants' motion was denied and this appeal followed.

The pertinent requirements for perfecting an appeal from an arbitration award are as follows:

Either party may appeal from an award of arbitrators, to the court in which the cause was pending at the time the rule or agreement of reference was entered, under the following rules, regulations and restrictions, viz.:

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 firmly believes injustice has been done."

II. Such party, his agent or attorney, shall pay all the costs that may have accrued in such suit or action.

III. The party, his agent, or attorney, shall enter into the recognizance hereinafter mentioned.

[ 286 Pa. Super. Page 245]

IV. Such appeal shall be entered, and the costs paid, and recognizance filed, within twenty days after the day of the entry of the ...


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