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BIG BEAVER FALLS AREA SCHOOL DISTRICT v. BIG BEAVER FALLS AREA EDUCATIONAL ASSOCIATION (05/06/85)

decided: May 6, 1985.

BIG BEAVER FALLS AREA SCHOOL DISTRICT, APPELLANT
v.
BIG BEAVER FALLS AREA EDUCATIONAL ASSOCIATION, APPELLEE



Appeal from the Order of the Court of Common Pleas of Beaver County in case of In Re: Big Beaver Falls Area School District v. Big Beaver Falls Area Educational Association, No. 598 of 1983.

COUNSEL

J. Philip Colavincenzo, for appellant.

Daniel R. Delaney, Delaney and Evans, for appellee.

Judges MacPhail and Barry and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 89 Pa. Commw. Page 177]

This appeal arises from an order of the Court of Common Pleas of Beaver County which dismissed the petition of the Big Beaver Falls School District (School District) for lack of jurisdiction.

On May 9, 1983, the School District filed a petition for review of an arbitrator's award entered on April 10, 1983. A copy of the petition was sent by regular mail to a representative of the Big Beaver Falls Area Education Association (Education Association). It filed an appearance and, by preliminary objections and motion to quash, contends that the School District failed to effect the proper manner of service within thirty days of receipt of the arbitrator's award, and that therefore the trial court had no jurisdiction.

The trial court determined that the proper method of service was by deputized service and not by regular mail. It concluded that since service was not properly performed on or before May 10, 1983, thirty days after the date of the arbitrator's award, then it had no jurisdiction. On July 11, 1983, the trial court, therefore, sustained the preliminary objections and dismissed the petition for review. In November, 1983,

[ 89 Pa. Commw. Page 178]

    following a hearing on the reconsideration petition,*fn1 the trial court readopted its July 11, 1983 order.

Section 7314(b) of the Uniform Arbitration Act (Act), 42 Pa. C.S. ยง 7314(b) prescribes a thirty day limit to file a petition for review. Section 7317 of the Act addresses the form of service for this petition. It states:

Except as otherwise prescribed by general rules, an application to the court under this subchapter shall be by petition and shall be heard in the manner and upon notice provided or prescribed by law for the making and hearing of petitions in civil matters. Unless the parties otherwise agree, notice of an initial application for an order of court shall be served in the ...


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