Arbitration Awards and Judgment Liens — the Rescission of Rule 1307 (b).

Posted By Cliff Tuttle | April 3, 2009

Posted by Cliff Tuttle

Between 1836 and 2007, any Pennsylvania title searcher could tell you that the entry of an award of arbitrators in the Prothonotary’s docket was a lien on real estate, even if an appeal de novo was filed, taking the matter to a judge. The award of the panel of arbitrators was stated to have the same effect as a verdict on real estate. However, if the title searcher gives you the same answer today, he/she would be wrong. The reasons why are a little tricky.

According to the 2007 Explanatory Comment to Pa. Rule of Civil Procedure 1307, the 1836 statute that created the lien of an award of arbitrators in compulsory arbitration was repealed by the Judiciary Act Repealer Act in 1978 and the new provision of the Judicial Code, 42 Pa.C.S. Sec. 7361 does not contain a provision establishing a lien for an arbitration award. However, the prior practice was continued under Rule 1307 (b), created in 1981.

But in 2007, Rule 1307(b) was rescinded. Thus, the award was no longer the equivalent of a verdict when entered on the docket by the Prothonotary and thus, there is no lien pending an appeal. The lien will only attach following a verdict or judge’s decision.

Moreover, under Rule 1307 (c), if no appeal is taken within 30 days, a praecipe must be filed for judgment to be entered. In other words, when the appeal period has expired, the winning party should be prepared to file a praecipe for judgment.

Welcome

CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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