Berk. Cnty. Pa. 1301

As amended through May 6, 2024
Rule 1301 - Cases Subject to Arbitration. Amount In Controversy. Agreement of Reference
(a) All civil actions, actions in replevin and actions upon mechanics' liens where the amount in controversy shall be $50,000 or less shall first be submitted to and heard by a panel of arbitrators pursuant to Pa. R.C.P. 1301 at seq. All cases that have not yet been certified for trial will be subject to this change in the arbitration limits.
(b) For purposes of determining the amount in controversy, every complaint or counterclaim in such civil action, in replevin or upon a mechanics' lien, shall set forth in the first paragraph thereof a statement that the total amount of damages claimed in such pleading, exclusive of interest and costs, is Fifty Thousand Dollars $50,000 or less or is more than Fifty Thousand Dollars $50,000 or in replevin that the value of the property claimed is Fifty Thousand Dollars $50,000 or less or is more than Fifty Thousand Dollars $50,000.
(c) The amount in controversy shall be determined from the complaint and/or counterclaim as required by Subsection (b) or by an agreement of reference filed by the attorneys. If an agreement of reference is filed, it shall define the issues involved for determination by the panel and, when agreeable, shall also contain stipulations with respect to facts submitted and agreed and defenses waived. In such cases, the agreement of reference shall take the place of pleadings and be filed with the Prothonotary before a certificate of readiness is filed. The amount in controversy when determined from the pleadings shall be the largest amount claimed by any one party.
(d) Actions in mandamus, actions in quo warranto, actions in quiet title, actions in ejectment, actions upon municipal claims, actions upon tax claims, actions of mortgage foreclosure, and actions upon ground rents shall not be submitted to arbitration.

Berk. Cnty. Pa. 1301

Amended effective 2/12/2018 ; amended effective 7/9/2019; amended effective 3/14/2020.