No. 986 Philadelphia 1983, No. 987 Philadelphia 1983, Appeal from the Order March 10, 1983 in the Court of Common Pleas of Montgomery County, Civil Nos. 76-19319 and 77-13517.
Allen L. Feingold, Philadelphia, for appellant.
William F. Sutton, Philadelphia, for appellees.
McEwen, Olszewski and Hoffman, JJ. McEwen, J., concurs in the result.
[ 336 Pa. Super. Page 217]
This case has bounced from court to court, landed one lawyer before the Disciplinary Board and consumed nearly ten years of the parties' lives. At issue is a dog bite. Two suits followed that bite, Leslie Anmuth v. Mr. and Mrs. Dean Chagan and Franklin A. Chagan at No. 76-19319 and Leslie Anmuth v. Mr. and Mrs. Dean Chagan and Joyce Chagan, Executrix of the Estate of Franklin Chagan at No. 77-13517. The cases, identical in substance,*fn1 were consolidated at plaintiff-appellant's request under No. 76-19319.
Appellant filed a praecipe for arbitration under No. 77-13517. The arbitrators found for appellant and against Dean Chagan in the amount of $250.00. They exculpated Mrs. Dean Chagan and Joyce Chagan, Executrix. Judgment was entered on November 13, 1978 at No. 77-13517.
[ 336 Pa. Super. Page 218]
On November 24, 1978, Louis Slawe, Esquire, for the appellant, hand-carried a petition to remand and set aside Report and Award of Arbitrators on the ground that only file No. 77-13517 had been before the arbitrators.*fn2 That same day, appellant filed a Rule to Show Cause. No appeal was filed at that time. On December 13, 1978, the thirtieth day passed, ending the statutory period for an appeal from the arbitrator's award.*fn3
Appellees filed Answers. The Honorable Horace A. Davenport denied appellant's Petition to Remand. Two days later, on February 22, 1979, plaintiff-appellant filed an Appeal from the Report and Award of Arbitrators. Appellees moved to quash the appeal. Appellants answered the Motion to Quash and attached as exhibit a document purported to be a copy of the "Rule to Show Cause" dated November 24, 1978. That copy of the Rule bears intact the phrase "All Proceedings to Stay Meanwhile." Supp. Reproduced Record at 101b (appended hereto at 1a).
On June 28, 1979, the lower court quashed the appeal as untimely. Judge Davenport wrote that the proceedings had not been stayed by the November Rule, that the phrase "All Proceedings to Stay Meanwhile" had been stricken from the original Rule, and that the attempted appeal was thus untimely filed. R. 59.
Appellant petitioned for reconsideration of the June 28, 1979 Order. On July 25, 1979, she filed notice of appeal to the Superior Court. By Order of ...