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PA Bulletin, Doc. No. 12-1504

THE COURTS

LACKAWANNA COUNTY

Adoption of Rule of Civil Procedure; 2012 CIV 1

[42 Pa.B. 5179]
[Saturday, August 11, 2012]

Order

 And Now, this 26th day of June, it is hereby Ordered and Decreed that the following Lacka. Co. R.C.P. 1301 is adopted to govern the management of civil cases in the Court of Common Pleas of Lackawanna County.

 The adoption of Lacka. CO. R.C.P. 1301 shall become effective thirty (30) days from the date of its publication in the Pennsylvania Bulletin pursuant to Pa. R. Civ. P. 239. The Lackawanna County Court Administrator shall file seven (7) certified copies of the new Local Rule with the Administrative Office of the Pennsylvania Courts and shall forward two (2) certified copies of the same to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One certified copy of the Lacka. Co. R.C.P. 1301 shall be filed with the Civil Procedural Rules Committee for the Supreme Court of Pennsylvania and new Local Rule 1301 shall be available for public inspection and copying in the Clerk of Judicial Records, Civil Division.

By the Court

THOMAS J. MUNLEY, 
President Judge

Rule 1301. Arbitration.

 (a). All civil actions brought in the Court of Common Pleas of Lackawanna County in which the amount in controversy is $50,000.00 or less shall first be submitted to Arbitration and heard by a panel of three (3) Arbitrators selected from Members of the Bar of this Court in accordance with the provisions of this Rule, with the exception of:

 (1). Cases involving title to real estate; and,

 (2). Cases which have been consolidated for Trial with cases in which the amount in the controversy exceeds $50,000.00.

 Once a case has been certified for Compulsory Arbitration or otherwise directed by the Court for same, the Court Administrator shall notify the Parties or their Legal Representatives of the date and time of the Arbitration. This matter will be heard by a Board of Arbitrator 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.

 (h). Except as provided in Sub-Section (a), any Party may appeal from the Findings or Award of the Arbitration Panel to the Court of Common Pleas of Lackawanna County in the same manner as Appeals De Novo are commenced before the Court.

 The Court Administrator's Notice of the Arbitration forwarded to the Parties or their Legal Representatives shall contain the following language:

 FAILURE TO APPEAR AT THE ARBITRATION MAY JEOPARDIZE A PARTY'S APPEAL RIGHTS TO A TRIAL DE NOVO. Pa. R.C.P. 1303(a)(2); Lacka. Co. R.C.P. 1301(a).

[Pa.B. Doc. No. 12-1504. Filed for public inspection August 10, 2012, 9:00 a.m.]


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