Penn. 46 J.D.R.C.P. 1308

Current through April 27, 2017
Rule 1308 - Appeals
(a) Any party may appeal from the award of the Board of Arbitration to the Court of Common Pleas of Clearfield County. The right to appeal shall be subject to the following conditions, all of which shall be complied with within thirty (30) day after the award is filed with the Prothonotary:
(1) The Appellant shall pay an appeal fee as required by law and shall file with the Prothonotary a Notice of Appeal and shall serve a copy thereof upon the adverse party or opposing counsel;
(2) The Appellant shall file an affidavit with the Prothonotary certifying that the appeal is not taken for delay, but because it is believed that an injustice has been done;
(3) The Appellant shall file a recognizance bond with sufficient surety in double the amount of the costs likely to accrue, conditioned for the payment of all costs that may be legally recovered in such case against the Appellant;
(4) The Appellant shall pay all record costs accrued to the time of the taking of the appeal; and
(5) The Appellant shall pay to the Prothonotary for the use of the Court the total sum of the amount of the Arbitrators fees paid in the case or an amount equal to fifty (50%) percent of the amount in controversy, whichever is the lesser. The sum so paid shall not be taxed as costs in the case and shall not be recoverable by the Appellant in any proceedings.
(b) All appeals taken from the Board of Arbitration award to the Court of Common Pleas of Clearfield County shall be de novo.
(c) In the event of an appeal from the award or decision of the Board of Arbitration, the Arbitrators shall not be called as witnesses as to what took place before them in their official capacity as Arbitrators upon any hearing de novo.

Penn. 46 J.D.R.C.P. 1308