Compulsory Arbitration
Program
COMPULSORY ARBITRATION CENTER
1880 JFK BOULEVARD, 5
TH
FLOOR
All civil actions filed in the Court of Common Pleas of Philadelphia County with an
amount in controversy of $50,000 or less, excluding equitable actions and claims to real
estate, must first proceed to a compulsory arbitration hearing before a panel of three
attorneys who have been certified by the court to serve as arbitrators.
With more than 12,000 cases a year concluded at the arbitration level, the Compulsory
Arbitration Program in Philadelphia County is one of the most successful programs of
its kind in the nation. The current Director of the Arbitration Center is Maureen Eagen,
Esquire. The Director is responsible for overseeing the day to day operations of the
Center and is available to provide procedural and legal support to our arbitration panels,
if necessary. In addition, the Director is charged with the critical function of ruling on
continuance deferral and rescheduling applications.
In a continuing effort to promote meaningful Compulsory Arbitration Hearings, counsel
and parties are reminded that they are required to attend and to fully participate in
scheduled arbitration hearings. Furthermore, counsel and parties are expected to be
ready to proceed with the matter at the time of the hearing (i.e. Complaint must be filed
and served and discovery complete).
In furtherance of attaining these important objectives, the Court has been entering Rule
Returnable Orders against parties who fail to appear/participate in arbitration hearings
or who are not procedurally ready to proceed with their cases at the time of the hearing.
The Rule Returnable Orders compel the offending party to appear in Court to explain
why they failed to attend the hearing, why they were not ready to proceed and why
sanctions should not be entered against them. Counsel and parties without a satisfactory
excuse may be subject to sanctions, including assuming the cost of a second arbitration
hearing, non-pros or default judgment. Failure to appear at the Rule Returnable
Hearing could result in the imposition of additional sanctions, including entry of a
preclusion Order or judgment against the non-complying party.
Please note that all continuance requests are strictly governed by Phila.
Civ. R. *1303(c) and the Compulsory Arbitration Motion Practice set forth
in President Judge Administrative Order No. 2009-02, which became
effective April 13, 2009. Moreover, emergency continuance applications
will only be granted when the basis for the request could not have been
previously anticipated.
It is strongly advised that all counsel who practice at the Arbitration Center become
thoroughly familiar with our arbitration practice and procedure so that the arbitration
process will run smoothly. Special attention should be given to rule changes
which became effective on February 16, 2015 regarding Discovery to be used
in the Compulsory Arbitration Program: Philadelphia Civil Rule 4005 was
amended with revised standard interrogatories and Rule 4009.11 was
adopted regarding standard requests for production of documents.
ARBITRATION PROCEDURE
Compulsory Arbitration in the First Judicial District is controlled by the arbitration
rules of the Pennsylvania Rules of Civil Procedure
1
and the Philadelphia Civil Rules.
2
Except as provided in those rules, the normal procedural and evidentiary rules control.
Commencing Litigation in Compulsory Arbitration
All Civil Trial Division matters including arbitration level cases are filed through the
civil electronic filing system. See First Judicial District website
(http://courts.phila.gov).
When a case is initially filed as an arbitration matter, the date and time for the
arbitration hearing are assigned by the Office of Judicial Records at the time of filing of
the complaint or writ of summons,
3
with hearing dates listed approximately eight (8)
months thereafter. The initial filing in arbitration must include a three-inch space on
the cover page, for the Office of Judicial Records stamp which lists the date of the
arbitration hearing. The cover sheet must also include, in upper case letters, in the
upper, right-hand corner, the phrase, “This is an Arbitration Case” and a notation of
whether or not an “Assessment of Damages is/is not required.”
4
Actions filed to preserve the subrogation rights of an uninsured motorist insurance
carrier can be placed in deferred status, with no hearing date scheduled. The writ of
summons or civil action complaint should include the notation “Uninsured Motorist
Savings Action” or “Deferred” on the cover page, immediately below the request for
arbitration. The case will then be placed in deferred status and no actual hearing date
will be scheduled.
5
As of January 1, 1999, the Prothonotary, now Office of Judicial Records, in Philadelphia
will also stamp the initial summons or complaint with the following language:
“This matter will be heard by a board of arbitrators at the
time, date, and place specified but, if one or more parties is
1
Pa.R.C.P. 1301-1314.
2
See Philadelphia Civil Rules *1301–*1305 and *1308. These Arbitration Rules in Philadelphia County
were substantially revised in 1995, effective July 17, 1995, and in July 1998, effective January 1, 1999.
3
Philadelphia Civil Rule *1303(a).
4
Philadelphia Civil Rule *1303(a).
5
Philadelphia Civil Rule *1303(b)(1)(i).
not present at the hearing, the matter may be heard at the
same time and date before a judge of the court without the
absent party or parties. There is no right to a trial de novo
from a decision entered by a judge.” Philadelphia Civil Rule
*1303(a)(1), as amended November 19, 1998, effective
January 1, 1999.
This procedure was adopted in response to the amendment of Pennsylvania Rule of Civil
Procedure 1303 on July 30, 1998, effective January 1, 1999. The explanatory comments
6
to this amendment outline the rationale for its elimination of the right to a trial de novo
on appeal from a decision entered by a judge where the parties were so advised in their
notice of hearing. The comments also suggest the options available to parties seeking
relief from a decision entered by a judge.
Municipal Court Money Judgment Appeals
Effective January 2, 2002, Municipal Court cases involving Money Judgments which are
appealed to the Court of Common Pleas must, thereafter, proceed to a Compulsory
Arbitration Hearing.
7
Notice of the hearing will be sent by the court in accordance with
a Standing Case Management Order to be entered at the time of filing the appeal.
In addition, regardless of the party filing the appeal, plaintiff must file and serve a
complaint upon defendant(s) pursuant to the Standing Case Management Order and the
Pennsylvania Rules of Civil Procedure.
Service of Process
Plaintiff must make a diligent effort to effectuate service of the complaint on the
defendant. If initial service is unsuccessful, counsel must immediately begin a good
faith search for the defendant and attempt a second actual service on any new address
obtained. Thereafter, a Petition for Alternative Service
8
can be filed, demonstrating
counsel’s diligent efforts to obtain service on the defendant and requesting permission
for alternative service. Before substituted service will be permitted, the plaintiff must
have demonstrated “a good faith effort to locate the defendant through more direct
means.”
9
An application for a continuance due to service not being effected upon
defendants must include facts establishing the plaintiff’s contention that due diligence
has been exercised, which shall include the dates of attempted service, a statement that
substituted service could not have been obtained prior to the arbitration hearing date,
and a certification that a Petition for Alternative Service has been filed.
10
6
The explanatory comments were prepared by the Civil Procedural Rules Committee.
7
Order of Honorable John W. Herron, Administrative Docket No. 2001–12.
8
Pa.R.C.P. 430.
9
Romeo v. Looks, 369 Pa. Super. 608, 535 A.2d 1101, 1106 (1987).
10
Philadelphia Civil Rule *1303(c)(5)(i), as amended 1995.
If service is not effectuated on the defendant prior to the scheduled arbitration hearing
date, and no continuance has been obtained in accordance with Philadelphia Civil Rule
*1303(c)(5)(i), The arbitration hearing may be canceled even if plaintiff appears for the
hearing and a Rule Returnable hearing may thereafter be scheduled by the Court to
determine whether sanctions should be entered against plaintiff for failure to timely file
and/or serve the complaint. Otherwise if plaintiff does not appear at the hearing, a non
pros may be entered pursuant to Pennsylvania Rule of Civil Procedure 1303.
11
Discovery
a)
All of the discovery tools allowed under the Pennsylvania Rules of Civil Procedure are
also available for arbitration cases. Counsel can utilize interrogatories, requests for
production, requests for admissions, and depositions, as appropriate, for any case in
arbitration. Counsel must follow the discovery motion procedure outlined in
Philadelphia Civil Rule *208.34. See also
https://www.courts.phila.gov/pdf/notices/2021/NTB-Trial-Division-Civil-Protocol-for-
Discovery-Motions-Filed-on-or-After-March-15-2021.pdf. In addition, the moving party
must obtain court approval to file a motion if it is within 45 days of the scheduled
arbitration hearing.
12
b)
Effective June 6, 2005, pursuant to Administrative Order No. 2005-02, “standard”
discovery in motor vehicle liability and premises liability cases assigned to the
Compulsory Arbitration Program was adopted. ** By way of President Judge
General Court Regulation No. 2014-03, the “standard” discovery applicable
to the Compulsory Arbitration Program was amended and adopted. The
changes went into effect on February 17, 2015. The new Discovery can be
found at: http://fjd.phila.gov/forms/index.asp#cpcv.
** The remaining material in this section, “Discovery”, references paragraphs 3
through 7 of Administrative Order No. 2005-02, which addressed additional Discovery
concerns.
c)
Objections. The court will not entertain objections to the standard interrogatories
or document requests. Parties who serve objections may be subject to appropriate
sanctions, including imposition of counsel fees.
d)
Service of standard interrogatories and requests for production of
documents.
At any time after the filing of an answer to the complaint, a party may request any
other party to answer standard interrogatories and/or respond to standard
document requests by serving on all other parties a notice to answer or respond to
standard written discovery, (see First Judicial District website at
11
Philadelphia Civil Rule *1303(j), as amended 1996, effective January 13, 1997, and Philadelphia Civil
Rule *1303(a)(1) as amended November 19, 1998, effective January 1, 1999.
12
Philadelphia Civil Rule *1303(h). Court approval is obtained by filing a Miscellaneous Arbitration
Application form pursuant to President Judge Administrative Order No. 2009-02, accompanied by a copy of the
motion or petition.
https://www.courts.phila.gov/common-pleas/trial/civil/)
Answers and responses shall be provided to all parties within 30 days of the service
of the notice, but shall not be filed with the court or Office of Judicial Records unless
relevant to a motion or other pretrial proceeding, ordered by the court, or required
by statute. Once the notice is served on any party, all other parties, including the
parties serving the notice, shall answer the standard interrogatories applicable to
them within 30 days of the service of the original notice. Only the standard
interrogatories and document requests approved in the order shall be served and
answered by the parties, except as provided in paragraph (f) below.
e)
A copy of the standard interrogatories or document requests need not be attached to
the notice served on attorneys, but must be provided to unrepresented parties. Copies
of the above documents may be obtained on the court’s Website at
https://www.courts.phila.gov/common-pleas/trial/civil/
f)
Additional Written Discovery
i)
General Rule. No additional interrogatories or document requests will be
permitted as to motor vehicle and premises liability cases filed in the Compulsory
Arbitration Program unless the answering or responding party agrees, or as further
provided under Administrative Order 2005-02.
ii)
Limited Supplementation. Any party may serve up to five additional
interrogatories or document requests that are specifically tailored to the case and are
not duplicative of the standard interrogatories or document requests. Each subpart
shall be considered a separate interrogatory or request for purposes of this
limitation.
iii)
Arbitration Appeals. Any party may serve up to 10 additional
interrogatories within 30 days of the filing of an appeal from an arbitration award.
Each subpart shall be considered a separate interrogatory for purposes of this
limitation.
iv)
Leave of Court. Upon receipt of answers to standard interrogatories or
responses to standard document requests, any party may file an appropriate
discovery motion under Phila.Civ.R. *208.3, seeking leave of court to serve
additional interrogatories or document requests. The moving party must allege and
show good cause why the additional standard interrogatories or document requests
are reasonably necessary to prepare its case for trial.
g)
Dead Man’s Rule. In the event that any party wishes to invoke the Dead Man’s
Rule, that party shall notify the opposing party, in writing, of its intention to invoke the
rule, within 20 days of the time the notice to answer or respond to standard written
discovery was served. In such a case, the party who is invoking the Dead Man’s Rule
shall have no obligation to answer the standard interrogatories or produce the
documents requested, until otherwise ordered by the court.
h)
Effective Date. The administrative order becomes effective on May 2, 2005.
Counsel are directed to President Judge General Court Regulation No.
2014-03 which was entered on December 12, 2014 and Ordered the
amendment of Philadelphia Civil Rule 4005 to add a subsection which
adopts standard interrogatories to be used in the Compulsory Arbitration
Program, and further adopted a new Philadelphia Civil Rule 4009.11, which
adopts standard Requests for Production of Documents and Things to be
used in the Compulsory Arbitration Program.
Counsel must follow the discovery motion procedure outlined in Philadelphia Civil Rule
*208.3(a). In addition, the moving party must obtain court approval to file a motion if it
is within 45 days of the scheduled arbitration hearing.
13
Pre-Hearing Procedure/Deferrals and Continuances
The Philadelphia Arbitration Center is run on a day to day basis by the Director of the
Arbitration Program. All requests for continuances, rescheduling or other relief must be
submitted on the designated form. (Continuance and Deferral Arbitration
Application) A copy of the application must be mailed, delivered, or faxed to
opposing counsel and unrepresented parties contemporaneously with its filing through
the civil electronic filing system.
14
The Director of the Arbitration Program shall rule on
the request for continuance or deferral. Oral argument is not authorized and the ruling
is not subject to judicial review.
15
Counsel are cautioned not to call or write the
Arbitration Center for status of the application, or to request ‘reconsideration’ in the
event the Continuance Deferral Application is denied.”
16
Counsel are forewarned that there is no automatic right to obtain a continuance of an
arbitration even if all counsel agree. Philadelphia Civil Rule *1303(c) must be followed
by attorneys requesting a continuance and the guidelines in this rule must be followed.
17
In general, there is a strict rule against continuances.
It should be noted, however, that the local rules do provide for a right to advance an
arbitration date, on agreement of all parties.
18
As the explanatory note to Philadelphia
13
Philadelphia Civil Rule *1303(h). Court approval is obtained by filing a Miscellaneous Arbitration
Application form pursuant to President Judge Administrative Order No. 2009-02, accompanied by a copy of the
motion or petition.
14
Philadelphia Civil Rule *1303(c) and President Judge Adm. Order No. 2009-02
15
Id.
16
Explanatory Note to Philadelphia Civil Rule *1303(c)(3).
17
Philadelphia Civil Rule *1303(c).
18
Philadelphia Civil Rule *1303(c)(7) and (d).
Civil Rule 1303(d) notes, “a conflict with a scheduled Arbitration Hearing date may be
resolved by agreeing to an earlier Arbitration Hearing.”
19
Further, since January 25,
1996, an arbitration hearing may be rescheduled by agreement of all parties, to a new
date within two weeks of the original scheduled date.
20
A hearing can be rescheduled
only one time and all counsel and unrepresented parties must agree on a specific date
and sign the Compulsory Arbitration One-Time-Only Rescheduling Agreement.
Consolidation
Generally, if two arbitration cases are consolidated prior to the hearing date of either,
the actions shall be heard on the date assigned to the last-filed consolidated case.
21
Cases cannot be consolidated by stipulation and Motions for Consolidations must be
formally presented.
22
If a Motion for Consolidation is filed within 45 days of the
arbitration hearing date, counsel must obtain consent of the court for filing the motion
by also filing a Miscellaneous Arbitration Application.
Settlement
Immediate written notification of settlement of an arbitration case should be sent to the
Director of the Arbitration Program.
23
When a case is settled just prior to a hearing,
prompt notice is still required. This is important so that the Arbitration Center can plan
properly and schedule an appropriate number of arbitrators for the center for each day
of its operation. If there is not time to send notification by mail, please fax a letter to the
Arbitration Center at 215-686-9594, informing them of the settlement of any case listed
for a hearing.
THE ARBITRATION HEARING
The Arbitration Center
All Compulsory Arbitration hearings are held in the Court of Common Pleas Arbitration
Center, located on the 5
th
Floor at 1880 JFK Blvd., Philadelphia PA. Counsel, clients,
and, witnesses should be present in the Assembly Room prior to the assigned time for
the hearing.
On arrival at the Arbitration Center, counsel should check in with the clerk at the front
of the room. Have the Court Term and Number (case identification number) of the case
ready to speed the process along for all concerned.
19
Philadelphia Civil Rule *1303(d).
20
Philadelphia Civil Rule *1303(c)(7).
21
Philadelphia Civil Rule *1303(e).
22
Order of Honorable John W. Herron, Administrative Docket No. 1996–03.
23
Philadelphia Civil Rule *1303(i).
After all parties are present, a case is placed in ready status for a hearing. Cases that are
ready will be assigned out by name to available arbitration panels in the sequence that
they were ready.
Assignment to a Hearing Room
There are usually seven to ten panels of arbitrators sitting simultaneously in the various
hearing rooms available at the Arbitration Center. As cases are ready and hearing
rooms are available, the cases will be assigned to a hearing room for disposition in the
order that they were marked ready. One of the attorneys will be asked to deliver the
official court docket entry report to the Chairperson of the panel in the assigned room.
When a panel of arbitrators concludes a case, notification is given to the clerk in the
Assembly Room and another ready case is then assigned to that panel.
Arbitration panels consist of three attorneys engaged in the active practice of law, with
principal offices in Philadelphia.
24
Arbitrators must have a least one year (five years for
the chairperson) of legal experience in Pennsylvania, and must have attended a court-
approved arbitration training seminar.
25
Arbitrators should identify themselves and the firms with whom they are employed on a
board in the hearing room. If there is a potential ground for disqualification of a panel
member from hearing that case, counsel should point this out to other counsel and the
arbitration panel. Any arbitrator who would be disqualified for any reason that would
disqualify a judge under the Code of Judicial Conduct has an obligation to withdraw as
an arbitrator.
26
After delivery of the docket entries to the Chairperson of the panel in the assigned
hearing room, the arbitrators will begin to review the pleadings through the civil
electronic filing system which is accessible in each of the hearing rooms.
The Chairperson of the arbitration panel will administer the oath or affirmation to all
witnesses.
27
Any party may elect to have a stenographic record made of the hearing at
that party’s expense, with any other party being given an opportunity to obtain a copy
on payment of a proportionate share of the total cost.
28
The hearing itself should be
24
Philadelphia Civil Rule *1302(b).
25
Philadelphia Civil Rule *1302(b). Court-approved seminars are hosted by the Philadelphia
Bar Association and Pennsylvania Bar Institute on a regular basis.
26
Pa. R.C.P. 1302.
27
Pa. R.C.P. 1304(b).
28
Pa. R.C.P. 1304(c).
conducted as a non-jury trial, in conformity with Rule 1038(a) of the Rules of Civil
Procedure, except as otherwise provided in the arbitration rules.
29
Failure to Appear at Arbitration
Under amendments to the Pennsylvania Rules of Civil Procedure, the court, with the
consent of the parties present, may take action not available to the arbitrators if a party
fails to appear for an arbitration hearing and the Complaint, Writ of Summons, or
Scheduling Notice contains the following statement:
“This matter will be heard by a Board of Arbitrators at the
time, date, and place specified, but if one or more of the
parties is not present at the hearing, the matter may be heard
at the same time and date before a judge of the Court without
the absent party or parties. There is no right to a trial de
novo or appeal from a decision entered by a judge.”
30
Specifically, the court may take action not available to the arbitrators, including entry of
a nonsuit if the plaintiff is not ready, or a non pros if neither party is ready. If the
defendant is not ready, the court may hear the matter and enter a decision.
31
Under the current procedure, the Arbitration Center may certify for the record when a
party fails to appear and immediately assign the case for a non jury trial at the Complex
Litigation Center to be held the same day. If all parties fail to appear, the Arbitration
Center will certify for the record that all parties failed to appear and the appropriate
disposition will thereafter be entered by the Motions Program Judge.
32
Relief from the decision of the court will be by motion for post trial relief following the
entry of a nonsuit or assessment, or by Petition to Open a Judgment of Non Pros.
33
In addition to the above process, if plaintiff’s counsel appears for arbitration without a
client(s), the arbitration center may cancel the arbitration hearing if no continuance is
granted, and thereafter list the matter for a Rule Returnable hearing before the Court,
which may result in the imposition of sanctions, including the entry of a preclusion
order due to plaintiff’s failure to appear for arbitration.
29
Pa. R.C.P. 1304(a).
30
See Pa.R.C.P. 1303, amended July 30, 1998, effective January 1, 1999, and Phila. Civil. R. *1303,
amended November 19, 1998, effective January 1, 1999.
31
If all parties present do not consent to being heard by a judge, the case will be assigned to an arbitration
panel for disposition or listed for a Rule Returnable hearing before the Coordinating Judge of the Complex Litigation
Center for the entry of possible sanctions.
32
Pa.R.C.P. 1303 notes that a party is present if the party or an attorney who has entered an appearance
on behalf of the party attends the hearing.
33
See explanatory notes following Pa.R.C.P. 1303.
Conduct of Hearing
(i)
Opening Statements–Each counsel has the right to present an opening
statement, but they should be brief, to the point, and non-argumentative.
(ii)
Witnesses–Each party has the right to present whatever witnesses are
necessary to prove the elements of the claim or defense. With the exception of
specific arbitration rules on documentary evidence,
34
the rules of evidence shall
be followed in all compulsory arbitration hearings.
35
All evidentiary rulings are
made by the arbitration panel
36
with such rulings by majority decision.
37
The
local rule in Philadelphia provides that the established rules of evidence shall be
“liberally construed to promote justice.”
38
(iii)
Documentary Evidence–The most significant procedural rule is the relaxation
of normal rules of evidence with regard to certain types of documentary evidence,
which may be introduced, without authentication, subject to objections as to
relevance or to any other objection to admissibility other than authenticity. A
copy of any such document must be provided to the adverse party twenty days
before the hearing, together with written notice of the intention to offer such
documents into evidence.
39
Rule 1305 of the Pennsylvania Rules of Civil Procedure was amended, effective January
1, 1998. This amendment has blurred the distinctions that used to exist between the
Philadelphia Civil Rules and the statewide rule on documentary evidence at arbitrations.
The Philadelphia rule is still broader than the statewide rule as Rule *1305 provides that
“attorney’s certifications as to time and hourly rates in claims where counsel fees are
involved” shall be received in evidence without further proof, provided at least 20 days
written notice of the intention to offer the documents was given to the adverse party.
40
(iv)
Official Records–The rules also provide a party with the right to offer into
evidence, without the certification normally required by Sections 5328 and 6103
of the Judicial Code, official weather reports, traffic signal reports, or United
States Government life tables.
41
No advance notice to the adverse party is
34
Pa.R.C.P. 1305(b) and Philadelphia Civil Rule *1305(b).
35
Pa.R.C.P. 1305(a).
36
Philadelphia Civil Rule *1305(a).
37
Pa. R.C.P. 1305(a).
38
Philadelphia Civil Rule *1305(a).
39
Pa.R.C.P. 1305(b) and Philadelphia Civil Rule *1305(b).
40
Philadelphia Civil Rule *1305(b).
41
Pa.R.C.P. 1305(d).
required prior to the introduction of these records. Other official records kept
within the Commonwealth may also be “offered in evidence” if twenty days
written notice is provided to every other party, accompanied by a copy of the
record.
42
(v)
Closing Argument–At the conclusion of the testimony by all witnesses, and
after the introduction of all documentary evidence, each party has the right to
make a closing argument to the panel of arbitrators. Parties should be present in
the hearing room to hear the arguments and any questioning by the arbitrators.
(vi)
Delay Damages–Any party seeking delay damages under Rule 238 should send
a statement to opposing counsel prior the hearing, setting forth the request for
delay damages, and at the conclusion of the hearing the statement is submitted in
a sealed envelope to the panel.
43
Because of the prompt hearing–eight months
after the filing of the complaint–delay damages are rarely applicable in
arbitration hearings.
THE REPORT AND AWARD OF ARBITRATORS
At the conclusion of the hearing, the parties, attorneys, and witnesses leave the hearing
room, allowing the arbitrators to deliberate and reach a decision. The arbitrators shall
make an award promptly upon termination of the hearing.
44
The arbitrators’ award
must dispose of all claims for relief and it must be entered on a Report and Award of
Arbitrators form.
45
When the Report and Award is completed and signed by all three arbitrators, the
chairperson of the panel returns the docket entries and award form to the assignment
desk. The staff of the Arbitration Center reviews the report for obvious mathematical
errors or other obvious errors in the award that can be brought to the attention of the
panel for correction, while the panel is still assembled on the day of the hearing.
42
Pa. R.C.P. 1305(d).
43
Pa. R.C.P. 238.
44
Pa. R.C.P. 1306.
45
Pa. R.C.P. 1312.
The Report and Award is docketed by the staff of the Arbitration Center. Official
notification of the entry of the Award is given through the electronic filing system
otherwise a copy of the Award is mailed to counsel and pro se parties.
The court may mold an award to correct “obvious and unambiguous errors in the award,
in mathematics or language,” on application of a party within the thirty (30) day period
allowed for appeal.
46
This applies only to obvious and unambiguous errors and not to
any other type of attempted reformation of the award.
47
The court’s power to mold an
award is specifically limited to correction of patent errors and is aimed at correcting
formal errors that do not go to the substance and merits of the award.
48
After the thirty
(30) day period, the court no longer has jurisdiction to mold an award and any such
petition must be denied.
49
A party has a right to a trial de novo by the filing of an appeal
within thirty (30) days of the docketing of the Award. Otherwise the Award will become
final and may thereafter be reduced to Judgment upon the filing of a praecipe to enter
judgment on the Award of Arbitrators.
46
Pa.R.C.P. 1307(d). See Maize v. Atlantic Refining Co., 352 Pa. 51, 41 A.2d 850 (1945) for the standard by
which a court may mold the verdict of a jury.
47
Albert v. Denito, 336 Pa. Super. 284, 485 A.2d 806 (1984).
48
Lough v. Spring, 383 Pa. Super. 85, 556 A.2d 441 (1989).
49
Id.
