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PA Bulletin, Doc. No. 14-2182

THE COURTS

WESTMORELAND COUNTY

Rules W1301, W1303 and W1312; No. 3 of 2014

[44 Pa.B. 6767]
[Saturday, October 25, 2014]

 And Now this 18th day of September, 2014, it is Hereby Ordered that Westmoreland County Rules of Civil Procedure W1301, W1303 and W1312 are rescinded, and new Rules W1301, W1303 and W1312 are adopted effective January 1, 2015.

By the Court

RICHARD E. McCORMICK, Jr., 
President Judge

Rule W1301. Cases for Submission to Arbitration.

 (a) All civil cases including Landlord/Tenant and Replevin actions, wherein the amount in controversy at issue (exclusive of interest and costs) is $30,000 or less, shall be heard and decided by a board of arbitration consisting of three members of the bar. Cases involving title to real estate or actions in equity are excluded from arbitration.

 (b) The prothonotary shall, at the time the complaint is filed, assign a trial judge.

 (c) Complaint

 1) Every Complaint filed in Compulsory Arbitration, whether filed by a plaintiff against a defendant or by a defendant against an additional defendant, shall contain, in addition to the Notice to Defend required by Pa.R.C.P. 1018.1, a Notice of Duty to Appear at Arbitration Hearing immediately following the Notice to Defend which shall be in the form provided in Westmoreland County Rule of civil Procedure 1303(b).

 2) The plaintiff shall, at the time of filing a case subject to arbitration, provide the court administrator a copy of the State Cover Sheet Complaint. The party who files an appeal of a magisterial district judge's decision shall, at the time of filing the Notice of Appeal, provide the court administrator a copy of the Notice of Appeal. Any party filing a reinstatement of any case subject to arbitration as provided in subsection (a), shall, at the time of filing the Reinstatement, serve a copy of the Reinstatement on the court administrator.

 (d) Landlord/Tenant appeals shall be automatically scheduled by the court administrator upon receipt of the Cover Sheet. Parties to all other arbitration-eligible cases must file a Certificate of readiness.

 (e) The court, on its own motion or on motion of either party, may by depositions, settlement conference, hearing or otherwise, determine that the amount actually in controversy does not exceed $30,000 (exclusive of interest and costs) and enter an order referring the case to arbitration.

 Note: See W1312 for form, amount, and subject matter of awards.

Rule W1303. Hearing.

 (a) With the exception of Landlord/Tenant appeals, which will be scheduled on the first available date following 60 days from filing of the Complaint, the court administrator shall schedule the case for arbitration upon receipt of a Certificate of Readiness.

 (b) The court administrator shall, 30 days prior to the arbitration date, provide notice of the hearing date to the parties. The Notice shall, pursuant to Pa.R.C.P. 1303(a)(2), contain the following:

Notice of Duty to Appear at Arbitration Hearing

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 on appeal from a decision entered by a judge.

 Note: This local rule results in the loss of the right to a trial de novo on appeal. A dismissal or judgment which results from this local rule will be treated as any other final judgment in a civil action, subject to Pa.R.C.P. 227.1.

 (c) A party must notify the court administrator in advance of scheduling in the event that party believes it will need more than forty-five minutes to present its case.

 (d) The court shall promulgate rules of procedure and rules of conduct to be followed by various boards of arbitration. These rules shall be available through the court administrator.

 (e) All requests for continuance shall be submitted on a form available through the court administrator. The court administrator may grant a maximum of two continuances provided there is no objection. Any additional continuances must be approved by the assigned judge.

Rule W1312. Award.

 (a) The oath or affirmation shall be administered by the court administrator.

 (b) The Report and Award shall be in the form set forth in Pa.R.C.P. 1312.

 (c) Arbitrators may not award punitive damages.

 (d) Arbitrators may award costs.

 (e) Arbitrators may award possession in Landlord/Tenant matters.

 (f) Arbitrators may award possession and monetary value of the property or special damages sustained in a replevin action.

 (g) Monetary awards shall not exceed the jurisdictional limit of $30,000 exclusive of interest and costs.

 Note: A copy of the Form of Oath, Award and Notice of Entry of Award form is provided in the Forms section of the Westmoreland County Rules of Court.

 Note: With regard to recovery of costs, see Mancini v. Southwestern Pennsylvania Transportation Authority, 756 A.2d 108, 110 (Pa. Cmwlth. 2000) and Sillings v. Protected Home Mutual Life Ins. Co. 84 W.L.J. 7 (2001).

 Note: See: Zelenak v. Mikula, 911 A.2d 542 (Pa. Super. 2006) as to what is included in record costs.

 Note: See: Comment to Pa.R.C.P. 1301 for awarding possession and damages in replevin cases.

[Pa.B. Doc. No. 14-2182. Filed for public inspection October 24, 2014, 9:00 a.m.]


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