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PA Bulletin, Doc. No. 05-2195

THE COURTS

FAYETTE COUNTY

Local Rule 1301: Compulsory Arbitration: Cases Covered; Civil Division No. 2754 of 2005 GD

[35 Pa.B. 6502]

Order

   And Now, this 8th day of November, 2005, pursuant to Rule 239 of the Pennsylvania Rules of Civil Procedure, it is hereby ordered that the previously stated Local Rule is amended as set forth as follows.

   The Prothonotary is directed as follows:

   (1)  Seven certified copies of the Local Rule shall be filed with the Administrative Office of Pennsylvania Courts.

   (2)  Two certified copies and diskette of the Local Rule shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   (3)  One certified copy of the Local Rule shall be sent to the State Civil Procedural Rules Committee.

   (4)  One certified copy shall be sent to the Fayette County Law Library.

   (5)  One certified copy shall be sent to the Editor of the Fayette Legal Journal.

   This Local Rule shall be continuously available for public inspection and copying in the Office of the Prothonotary. Upon request and payment of reasonable costs of reproduction and mailing, the Prothonotary shall furnish to any person a copy of any local rule.

   This Local Rule shall be effective January 1, 2006.

By the Court

CONRAD B. CAPUZZI,   
President Judge

Rule 1301.  Compulsory Arbitration: Cases Covered

   (a)  Any civil action where the amount in controversy is Thirty-five Thousand ($35,000) Dollars or less and title to real estate is not involved, shall be submitted to compulsory arbitration pursuant to Section 7361 of the Judicial Code, 42 Pa.C.S. Section 7361, and Rules 1301 to 1314 of the Pennsylvania Rules of Civil Procedure, as well as these rules.

   (b)  The amount in controversy in any action shall be deemed to exceed Thirty-five Thousand ($35,000) Dollars if any count in the complaint or counterclaim demands an amount in excess of Thirty-five Thousand ($35,000) Dollars.

   (c)  Notwithstanding the amount demanded, if the Court determines that the amount in controversy does not exceed Thirty-five Thousand ($35,000) Dollars for the purposes of these rules; the Court shall order the matter to arbitration.

   (d)  If separate actions are consolidated for trial and the amount in controversy in any of these actions exceeds Thirty-five Thousand ($35,000) Dollars, arbitration shall not apply.

   (e)  If the same transaction or occurrence, or series of transactions or occurrences, give rise to more than one cause of action and separate actions have been commenced, all such actions shall be consolidated for arbitration and heard together. Before proceeding with any hearing, the board of arbitration shall inquire of the parties whether any other action has been commenced.

[Pa.B. Doc. No. 05-2195. Filed for public inspection December 2, 2005, 9:00 a.m.]


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