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Stivers Temporary Personnel, Inc. v. Brown

A compulsory arbitration award becomes final and appealable after the arbitrators forward the award to the prothonotary and the award is entered on the docket pursuant to '7361(d) of the Pennsylvania Rules of Civil Procedure; thus, the appellant's only recourse to challenge the compulsory arbitration award entered against him was to file for a trial de novo with the Court of Common Pleas within 30 days.

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� 1 In this appeal we must decide whether the trial court had jurisdiction to review Appellant’s petition to vacate a compulsory arbitration award filed 58 days after the prothonotary entered the arbitration award on the docket. We hold that under the Pennsylvania Rules of Civil Procedure, a party challenging a compulsory arbitration award must file an appeal for a trial de novo. We further hold that a compulsory arbitration award becomes final and appealable after the arbitrators forward the award to the prothonotary and the award is entered on the docket pursuant to 42 Pa.C.S.A. � 7361(d). Accordingly, we affirm the trial court’s order striking Appellant’s petition at this time with prejudice.

� 2 The relevant facts and procedural history of this appeal are as follows. Appellant is an attorney. In 1997, he contracted with Appellee, a temporary personnel agency, to provide him with secretarial services. Appellee billed Appellant $22,754.05 for the services provided by its laborers. However, Appellant paid only $15,618.77 for the services. Appellant refused to pay the remaining $7,135.28 because, as he later alleged, the quality of the work provided was not as guaranteed.

� 3 On January 30, 1998, Appellee filed a complaint seeking the unpaid balance on Appellant’s account ($7,135.28). On May 27, 1998, Appellant filed an amended complaint to which Appellant filed an answer asserting new matter and a counter-claim. Appellant’s counter claim alleged that the incompetence of Appellee’s laborers caused him damages in excess of $20,000.00.

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