1435 Technical amendment of rule 1330 governing proceedings to compel arbitration and confirm arbitration award in consumer credit transactions; no. 461 civil procedural rules; doc. no. 5

Title 231--RULES OF CIVIL PROCEDURE

PART I.  GENERAL

[231 PA. CODE CH. 1300]

Technical Amendment of Rule 1330 Governing Proceedings to Compel Arbitration and Confirm Arbitration Award in Consumer Credit Transactions; No. 461 Civil Procedural Rules; Doc. No. 5

[36 Pa.B. 3979]
[Saturday, July 29, 2006]

Order

Per Curiam:

   And Now, this 14th day of July, 2006, Pennsylvania Rule of Civil Procedure 1330 is amended to read as follows.

   Whereas prior distribution and publication of this amendment would otherwise be required, it has been determined that immediate promulgation is required in the interest of justice and efficient administration.

   This order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective immediately.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 1300.  ARBITRATION

Subchapter B.  PROCEEDING TO COMPEL ARBITRATION AND CONFIRM AN ARBITRATION AWARD IN A CONSUMER CREDIT TRANSACTION

Rule 1330.  Notice Required by Rule 1329(d)(1). Form.

   The notice required by Rule 1329(d)(1) shall be substantially in the following form:

(Caption)
Notice to File Answer

   The motion attached to this notice asks the court to enforce an agreement to submit claims to arbitration. If you oppose submission of this claim to arbitration, you must file an answer to the motion with the Prothonotary within [thirty (30)] twenty (20) days of mailing or other service of this notice. If you fail to respond, this case will proceed to arbitration and may result in the entry of a money judgment against you.

   Official Note:  A court may by local rule require the notice to be repeated in one or more designated languages other than English.

Explanatory Comment

   Rule 1329(d)(1) provides that ''a motion for a rule to show cause why arbitration should not be compelled shall begin with a notice substantially in the form prescribed by Rule 1330.'' That notice advises that there is a thirty-day period in which to file an answer to the motion. This time period conflicts with Rule 1329(d)(2) which prescribes a twenty-day period. The present amendment changes the time period set forth in the notice to twenty days, thus conforming to Rule 1329(d)(2).

By the Civil Procedural Rules Committee

R. STANTON WETTICK, Jr.,   
Chair

[Pa.B. Doc. No. 06-1435. Filed for public inspection July 28, 2006, 9:00 a.m.]