1. (a) Compulsion by Party. A party seeking to compel arbitration of an arbitrable claim shall file a petition naming the other party as respondent.
2. (b) Service. The petition shall be served pursuant to Pa.R.Civ.P. 1930.4, unless the claim has previously been raised and remains pending before the court, in which case the petition shall be served in accordance with Pa.R.Civ.P. 440.

3. (c) Contents of Petition.

   1. (1) The petition shall include an allegation that the claim sought to be reviewed is subject to an agreement to submit the claim to arbitration.
   2. (2) The petition shall include an allegation that a notice to arbitrate was given in the manner specified in the arbitration agreement or, if there is no specified manner, pursuant to 42 Pa.C.S. § 7321.3.
   3. (3) A copy of the notice to arbitrate shall be appended to the petition.
   4. (4) A copy of the arbitration agreement shall be appended to the petition.

4. (d) Notice to File Answer. The petition shall contain a notice substantially in the following form:

   The petition 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 petition with the Prothonotary within 20 days of the date of service of this notice. If you fail to respond, this case will proceed to arbitration, and you may lose custody, money, property, or other rights important to you.

   YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

   IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

5. (Name)
6. (Address) (Telephone Number)
7. (e) No Response or Admission by Respondent. If the respondent fails to file an answer or files an answer admitting that the claim is subject to arbitration, the petitioner may file a praecipe directing the prothonotary to enter on the docket a stay of proceedings pending arbitration.
8. (f) Denial by Respondent. If the respondent files an answer denying that the claim is subject to arbitration, a judge shall decide the petition without delay.
9. (g) Compulsion by Responding Party. A party seeking to compel arbitration of an arbitrable claim which the other party has raised before the court shall proceed by petition.

10. (h) Court Order. If the court grants a petition to compel arbitration, the court shall enter an order compelling the parties to proceed with arbitration and staying proceedings pending arbitration.

    Comment:

    See 42 Pa.C.S. § 7377(b) (compulsion of arbitration). Nothing in this rule is intended to prevent the parties from filing an action in the appropriate court or otherwise preserving a claim. For a stay of court proceedings, see 42 Pa.C.S. § 7321.8(f).

    Concerning subdivision (c)(2), if verbal notice to arbitrate was provided, the notice must be represented by an affidavit attached to the petition.

    Pursuant to subdivision (g), if a party has commenced an action in court raising an arbitrable claim, the other party is to seek to compel arbitration by filing a petition rather than a responsive pleading.

Notice to File Answer