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[U] Burda v. Korenman

Superior Court of Pennsylvania

January 15, 2014

STEVEN BURDA, Appellant
v.
ALLA KORENMAN F/K/A ALLA BURDA Appellee STEVEN BURDA, Appellant
v.
ALLA KORENMAN F/K/A ALLA BURDA Appellee

NON-PRECEDENTIAL DECISION

Appeal from the Order Entered December 6, 2012 In the Court of Common Pleas of Montgomery County Civil Division at No(s): 2010-26928

Appeal from the Order Entered December 13, 2012 In the Court of Common Pleas of Montgomery County Civil Division at No(s): 2010-26928

BEFORE: BOWES, J., DONOHUE, J., and OTT, J.

MEMORANDUM

OTT, J.

Steven Burda, pro se, brings this consolidated appeal from the order entered on December 6, 2012, and the "corrective order" entered on December 13, 2012, [1] in the Court of Common Pleas of Montgomery County, dismissing his petition to vacate the final arbitration award of September 4, 2012, and his petition for modification or correction of the final arbitration award of September 4, 2012.[2] This appeal arises from Burda's divorce action, during the course of which the parties agreed and contracted to submit economic claims in the pending divorce to binding common law arbitration. Burda contends he is entitled to a new trial or a remand for correction or modification of the arbitration award entered in this case. Based upon the following, we affirm.

The trial court has aptly summarized the background of this case, as follows:

[Burda] and [Alla Korenman] were married on March 15, 2008. [Burda] filed a Divorce Complaint in Montgomery County on September 10, 2010. [The trial court] issued a divorce decree dated September 14, 2012, which incorporated an arbitration award issued by Arbitrator Mary Cushing Doherty, Esquire, on September 4, 2012.
The parties entered into an Arbitration Agreement in which they agreed to be bound by the rules of common law arbitration. See Arbitration Agreement, ¶1.a.
[Burda] received notice of the arbitration award on September 5, 2012. (N.T., 12/6/12, p. 30). [Thereafter, the arbitration award was incorporated into the parties' divorce decree, which was filed on September 14, 2012.]
***
On October 4, 2012, [Burda] filed two motions. The first was a Petition to Vacate Arbitration Award. The second was a Petition to Modify or Correct Arbitration Award. [The motions were filed within thirty days of the arbitration award, in accordance with the arbitration agreement. See Arbitration Agreement, ¶7(e).]
On December 6, 2012, [the trial court] held a hearing regarding, inter alia, [Burda's] Petition to Vacate Arbitration Award and [Burda's] Petition to Modify or Correct Arbitration Award. [The trial court] entered an Order on December 6, 2012 that, inter alia, denied ...

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