No. 1100 October Term, 1979, Appeal from the Order of the Court of Common Pleas, Montgomery County, Civil Action - Law, at No. 78-4646
William L. McLaughlin, Paoli, for appellant.
Albert C. Oehrle, Norristown, for appellee.
Wickersham, Brosky, and Roberts, JJ.*fn* Wickersham, J., files dissenting opinion.
[ 290 Pa. Super. Page 219]
We reverse the order of the trial court of Montgomery County dated April 23, 1978 striking appellant's appeal from the Board of Arbitration.
Montgomery County Rule 807 provides the procedure in appealing an action of the Board of Arbitrators. Rule 807 in its pertinent parts states:
Rule 807. Appeals and Exceptions
(a) Any party may appeal from the action of the Board of Arbitrators to the Court of Common Pleas of Montgomery County. The right of appeal shall be subject to the following conditions, all of which shall be complied with within twenty (20) days after the report of the Board is filed with the Prothonotary:
(1) The appellant shall file with the Prothonotary a notice of appeal, a copy of which shall be served on the adverse party or his counsel by the appellant; an affidavit that the appeal is not taken for delay but because he believes an injustice has been done; an appeal bond with sufficient surety in double the amount of costs likely to accrue; and a praecipe ordering the case for trial on the civil trial list.
(2) Before taking an appeal, appellant shall pay to appellee all the record costs paid by the appellee to the time of taking the appeal, and shall file a certification that he has complied with this rule. (emphasis added)
The applicable docket records in this case are as follows:
August 21, 1978 Report of Arbitrators ...