No. 1106 Pittsburgh 1980, No. 634 Pittsburgh 1981, No. 679 Pittsburgh 1981, Consolidated appeals from the order of October 10, 1980 at No. 119 of 1979, C.A. and the order of June 4, 1981 at No. 571 of 1977, C.A., Court of Common Pleas of Lawrence County, Civil Actions, Law.
Gordon C. Post, Jr., New Castle, for appellant (Nos. 1106 and 634) and for appellee (No. 679).
Charles W. Garbett, Ellwood City, for appellant (No. 679) and for appellee (Nos. 1106 and 634).
Hester, Johnson and Popovich, JJ.
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These consolidated appeals arise from an automobile/school bus collision which occurred February 16, 1977. We shall discuss the appeals at Nos. 634 and 679
[ 316 Pa. Super. Page 342]
Pittsburgh 1981 separately from No. 1106 Pittsburgh, 1980, as the latter appeal arose from a different commencement of suit.
NOS. 634 & 679 PITTSBURGH 1981
On July 22, 1977, Laurel School District (Laurel) initiated a trespass action at No. 571 of 1977 for property damages caused to one of its school buses as a result of a collision with the vehicle operated by Donald E. Pullium (Pullium). The case was referred to compulsory arbitration and, after a hearing, an award for Laurel was rendered for the full amount of damages proved, $2,795.00.*fn1
Pullium timely appealed the award to the common pleas court by filing a notice of appeal and (1) paying $150 to the prothonotary for the arbitrators' fee, (2) paying $46.25 costs accrued and (3) filing an appeal bond in the amount of $46.25. Laurel then filed a Motion to Quash the appeal, which Motion was denied by the trial court. Laurel's subsequent appeal to this court from the trial court's denial of the Motion to Quash was quashed as arising from a non-appealable interlocutory order.*fn2
On appeal de novo in the common pleas court, a jury trial was held, resulting in a verdict for Laurel.*fn3 The verdict was then molded to include delay damages, pursuant to Pa.R.C.P. 238. Pullium's post-verdict motions for a new trial and judgment n.o.v. were dismissed on June 4, 1981 for his failure to file a brief pursuant to Local Rule 101(8). Laurel's motion for judgment n.o.v., alleging that Pullium's appeal from the award of arbitrators was defective, was refused on June 4, 1981. Both parties appealed to this court.
[ 316 Pa. Super. Page 343]
(a) Appeal of Laurel School District (No. 679)
The appeal of Laurel concerns (1) whether the filing of an appeal bond in only the amount of record costs already accrued satisfies statutory requirements for perfecting an appeal from an arbitrators' award and (2) whether the alleged failure to comply with the statutory requirements concerning appeal bonds requires such an appeal to be quashed.
The applicable statute, 5 P.S. § 71*fn4 states:
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 ...