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STEPHEN ARMSTRONG AND SHARON COLLINS v. TRAVELERS INSURANCE COMPANY (02/11/83)

filed: February 11, 1983.

STEPHEN ARMSTRONG AND SHARON COLLINS, APPELLANTS,
v.
TRAVELERS INSURANCE COMPANY



NO. 1139 Philadelphia, 1981, Appeal from the Order of the Court of Common Pleas of Philadelphia County, Trial Division, Law, Dated April 28, 1981, at No. 3820, December Term, 1978.

COUNSEL

Allen L. Feingold, Philadelphia, for appellants.

Jo Marjorie Fineman, Philadelphia, for appellee.

Cavanaugh, McEwen and Hoffman, JJ.

Author: Mcewen

[ 310 Pa. Super. Page 264]

We here consider an appeal from an order which granted the petition of defendant-appellee to quash an appeal from an award of arbitrators entered in favor of appellants. We are compelled to reverse the order, reinstate the appeal and remand to allow appellant Sharon Collins leave to amend the appeal from the award of arbitrators.

[ 310 Pa. Super. Page 265]

This case arises out of an automobile accident which occurred in Philadelphia on April 27, 1976. The appellants originally filed a complaint in trespass and assumpsit against the appellee, Travelers Insurance Company, alleging that Travelers failed to make payments under the assigned claims provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act, 40 P.S. ยง 1009.101 et seq., and the matter proceeded to arbitration on October 22, 1980. The Report and Award of Arbitrators was filed on December 3, 1980 and entered the following awards:

Finding in favor of plaintiff, Sharon Collins and against defendant, Travelers Insurance Company, in amount of $1,544.00, with interest at 18% per annum from January 18, 1979.

Finding in favor of plaintiff, Stephen Armstrong, and against defendant, Travelers Insurance Company, in amount of $3,363.40, with interest*fn* from November 15, 1978.

Finding in favor of counsel, Allen L. Feingold, Esquire and against defendant, Travelers Insurance Company, in amount of $750.00 as counsel fee.

Appellants filed an appeal from the award of the arbitrators on January 2, 1981 in which they asserted that they were not appealing the findings of the arbitrators on liability but were only appealing the amount of the award entered in favor of Sharon Collins and the amount of the counsel fee awarded her attorney, Allen Feingold.*fn1 This appeal, captioned

[ 310 Pa. Super. Page 266]

    as the appeal of both plaintiffs is in fact the appeal of Sharon Collins only and for that reason we shall hereinafter refer to the appealing party as "appellant" rather than "appellants".

Appellant averred in the notice of appeal that all record costs had been paid, and forwarded to defense counsel a notice of appeal from the award of arbitrators together with a form cover letter dated January 2, ...


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