JARA CONTINUATION ACT OF 1982 — 1982 Pa. Act 326 (historical enacted text)

Historical Act text part 1

SENATE AMENDED
PRIOR PRINTER'S NOS. 2163, 2410, 2585 PRINTER'S NO. 3748
INTRODUCED BY PICCOLA, ALDEN, STEVENS, SALVATORE,
W. D. HUTCHINSON, GEIST, HORGOS, RYAN, CIMINI, SPITZ,
SHUPNIK, GLADECK, HAYES, SPENCER, LEHR, McINTYRE, ROCKS,
CORDISCO, VROON, RASCO, MARMION, SIRIANNI, SNYDER, MANMILLER,
WAMBACH, NOYE, WENGER, SAURMAN, FRAZIER, BOYES, FREIND,
LESCOVITZ, MERRY, POTT, E. Z. TAYLOR, GRIECO,
A. K. HUTCHINSON, PUNT, JOHNSON, MORRIS, COSLETT, CUNNINGHAM,
PETERSON AND WESTON, SEPTEMBER 16, 1981
SENATOR GEKAS, JUDICIARY, IN SENATE, AS AMENDED,
NOVEMBER 22, 1982
AN ACT A SUPPLEMENT <--
1 Amending Title 42 (Judiciary and Judicial Procedure) of the <--
2 Pennsylvania Consolidated Statutes, further providing for the
3 imposition of certain mandatory sentences.
4 TO THE ACT OF JULY 9, 1976 (P.L.586, NO.142), ENTITLED "AN ACT <--
5 AMENDING TITLES 42 (JUDICIARY AND JUDICIAL PROCEDURE), 15
6 (CORPORATIONS AND UNINCORPORATED ASSOCIATIONS), 18 (CRIMES
7 AND OFFENSES) AND 71 (STATE GOVERNMENT) OF THE PENNSYLVANIA
8 CONSOLIDATED STATUTES, ADDING REVISED, CODIFIED AND COMPILED
9 PROVISIONS RELATING TO JUDICIARY AND JUDICIAL PROCEDURE,
10 INCLUDING CERTAIN JUDICIALLY ENFORCEABLE RIGHTS, DUTIES,
11 IMMUNITIES AND LIABILITIES AND SEPARATELY ENACTING CERTAIN
12 RELATED PROVISIONS OF LAW," ADDING CERTAIN PROVISIONS OF
13 EXISTING LAW TO AND MAKING CONFORMING, REDESIGNATION AND
14 EDITORIAL CHANGES IN CERTAIN PROVISIONS OF THE PENNSYLVANIA
15 CONSOLIDATED STATUTES, MAKING REVISIONS, CORRECTIONS AND
16 ADDITIONS RELATING TO JUDICIARY AND JUDICIAL PROCEDURE,
17 INCLUDING CERTAIN JUDICIALLY ENFORCEABLE RIGHTS, DUTIES,
18 IMMUNITIES AND LIABILITIES AND REPEALING CERTAIN ACTS AND
19 PARTS OF ACTS SUPPLIED BY THE ACT AS HERETOFORE SUPPLEMENTED
20 AND AS SUPPLEMENTED HEREBY.
21 TABLE OF CONTENTS
22 ARTICLE I. PRELIMINARY PROVISIONS
23 SECTION 101. SHORT TITLE.
1 ARTICLE II. AMENDMENTS TO THE
2 PENNSYLVANIA CONSOLIDATED STATUTES
3 SECTION 201. AMENDMENTS TO TITLE 42.
4 SECTION 202. CONFORMING AMENDMENTS TO TITLE 30.
5 SECTION 203. CONFORMING AMENDMENTS TO TITLE 66.
6 ARTICLE III. REPEALS OF INCONSISTENT
7 LEGISLATION
8 SECTION 301. ACT NO. 176 OF 1929.
9 SECTION 302. ACT NO. 155 OF 1933 AS AFFECTED
10 BY ACT NO. 283 OF 1955.
11 SECTION 303. ACT NO. 1 OF 1936 (2ND SP.SESS.)
12 AS AFFECTED BY ACT NO. 108 OF 1980.
13 SECTION 304. (RESERVED).
14 SECTION 305. ACT NO. 294 OF 1939.
15 SECTION 306. ACT NO. 404 OF 1939.
16 SECTION 307. ACT NO. 254 OF 1943.
17 SECTION 308. (RESERVED).
18 SECTION 309. ACT NO. 21 OF 1951 AS AFFECTED
19 BY ACT NO. 221 OF 1980.
20 SECTION 310. ACT NO. 130 OF 1955 AS AFFECTED
21 BY ACT NO. 323 OF 1968.
22 SECTION 311. (RESERVED).
23 SECTION 312. ACT NO. 21 OF 1967 AS AFFECTED
24 BY ACT NO. 105 OF 1980.
25 SECTION 313. ACT NO. 8 OF 1968 AS AFFECTED
26 BY ACT NO. 101 OF 1980.
27 SECTION 314. (RESERVED).
28 SECTION 315. ACT NO. 364 OF 1972 AS AFFECTED
29 BY ACT NO. 234 OF 1980.
30 SECTION 316. ACT NO. 142 OF 1976.
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1 SECTION 317. ACT NO. 53 OF 1978.
2 SECTION 318. ACT NO. 48 OF 1979 AS AFFECTED
3 BY ACT NO. 136 OF 1980.
4 SECTION 319. ACT NO. 97 OF 1980.
5 SECTION 320. ACT NO. 104 OF 1980.
6 SECTION 321. ACT NO. 164 OF 1980.
7 SECTION 322. ACT NO. 222 OF 1980.
8 SECTION 323. TITLE 66.
9 ARTICLE IV. MISCELLANEOUS PROVISIONS
10 SECTION 401. APPLICABILITY OF STATUTORY CONSTRUCTION ACT.
11 SECTION 402. EFFECT OF ARTICLE III.
12 SECTION 403. APPLICABILITY OF AMENDMENTS.
13 SECTION 404. EFFECTIVE DATE.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Title 42, act of November 25, 1970 (P.L.707, No.230), <
17 known as the Pennsylvania Consolidated Statutes, is amended by adding
18 a section to read:
19 § 9703. Scope of chapter.
20 Except as otherwise specifically provided in this chapter, in
21 all cases the sentence to be imposed shall be determined by the
22 court as authorized by law.
23 Section 2. Section 9712 of Title 42, renumbered and
24 transferred from Title 18 October 5, 1980 (P.L.693, No.142), is
25 amended to read:
26 [§ 9712. All other cases.
27 In all cases, except where the defendant has been found
28 guilty of murder of the first degree, the sentence shall be
29 determined by the court as authorized by law.]
30 § 9712. Sentences for offenses committed with firearms.
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1 (a) Mandatory sentence.--Any person who is convicted in any
2 court of this Commonwealth of murder of the third degree,
3 voluntary manslaughter, rape, involuntary deviate sexual
4 intercourse, robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i),
5 (ii) or (iii) (relating to robbery), aggravated assault as
6 defined in 18 Pa.C.S. § 2702(a)(1) (relating to aggravated
7 assault) or kidnapping, or who is convicted of attempt to commit
8 any of these crimes, shall, if the person visibly displayed a
9 firearm during the commission of the offense, be sentenced to a
10 minimum sentence of at least five years of total confinement
11 notwithstanding any other provision of this title or other
12 statute to the contrary.
13 (b) Proof at Sentencing.--Provisions of this section shall
14 not be an element of the crime and prior notice to the defendant
15 of the Commonwealth's intention to proceed under this section
16 shall be given as provided by general rule. The applicability of
17 this section shall be determined at sentencing. The court shall
18 consider any evidence presented at trial and shall afford the
19 Commonwealth and the defendant an opportunity to present any
20 necessary additional evidence and shall determine, by a
21 preponderance of the evidence, if this section is applicable.
22 (c) Authority of court in sentencing.--There shall be no
23 authority in any court to impose on an offender to which this
24 section is applicable any lesser sentence than provided for in
25 subsection (a) or to place such offender on probation or to
26 suspend sentence. Nothing in this section shall prevent the
27 sentencing court from imposing a sentence greater than that
28 provided in this section. Sentencing guidelines promulgated by
29 the Pennsylvania Commission on Sentencing shall not supersede
30 the mandatory sentences provided in this section.
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1 (d) Appeal by Commonwealth.--If a sentencing court refuses
2 to apply this section where applicable, the Commonwealth shall
3 have the right to appellate review of the action of the
4 sentencing court. The appellate court shall vacate the sentence
5 and remand the case to the sentencing court for imposition of a
6 sentence in accordance with this section if it finds that the
7 sentence was imposed in violation of this section.
8 (e) Definition of firearm.--As used in this section
9 "firearm" means any weapon (including a starter gun) which will
10 or is designed to or may readily be converted to expel a
11 projectile by the action of an explosive or the expansion of gas
12 therein.
13 Section 3. Title 42 is amended by adding sections to read:
14 § 9713. Sentences for offenses committed on public
15 transportation.
16 (a) Mandatory sentence.--Any person who is convicted in any
17 court of this Commonwealth of murder of the third degree,
18 voluntary manslaughter, rape, involuntary deviate sexual
19 intercourse, robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i),
20 (ii) or (iii) (relating to robbery), arson as defined in 18
21 Pa.C.S. § 3301(a) (relating to arson), kidnapping or aggravated
22 assault as defined in 18 Pa.C.S. § 2702(a)(1) (relating to
23 aggravated assault), or who is convicted of attempt to commit
24 any of these crimes, shall be sentenced to a minimum sentence of
25 at least five years of total confinement if the crime occurs in
26 or near public transportation as defined in subsection (b),
27 notwithstanding any other provision of this title or other
28 statute to the contrary.
29 (b) Site of commission of crime.--For the purposes of
30 subsection (a), a crime shall be deemed to have occurred in or
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1 near public transportation if it is committed in whole or in
2 part in a vehicle, station, terminal, waiting area or other
3 facility used by a person, firm, corporation, municipality,
4 municipal authority or port authority in rendering passenger
5 transportation services to the public or a segment of the public
6 or if it is committed in whole or in part on steps, passageways
7 or other areas leading to or from or in the immediate vicinity
8 of such a public transportation vehicle, station, terminal,
9 waiting area or other facility.
10 (c) Proof at sentencing.--Provisions of this section shall
11 not be an element of the crime and prior notice to the defendant
12 of the Commonwealth's intention to proceed under this section
13 shall be given as provided by general rule. The applicability of
14 this section shall be determined at sentencing. The court shall
15 consider any evidence presented at trial and shall afford the
16 Commonwealth and the defendant an opportunity to present any
17 necessary additional evidence and shall determine, by a
18 preponderance of the evidence, if this section is applicable.
19 (d) Authority of court in sentencing.--There shall be no
20 authority in any court to impose on an offender to which this
21 section is applicable any lesser sentence than provided for in
22 subsection (a) or to place such offender on probation or to
23 suspend sentence. Nothing in this section shall prevent the
24 sentencing court from imposing a sentence greater than that
25 provided in this section. Sentencing guidelines promulgated by
26 the Pennsylvania Commission on Sentencing shall not supersede
27 the mandatory sentences provided in this section.
28 (e) Appeal by Commonwealth.--If a sentencing court refuses
29 to apply this section where applicable, the Commonwealth shall
30 have the right to appellate review of the action of the
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1 sentencing court. The appellate court shall vacate the sentence
2 and remand the case to the sentencing court for imposition of a
3 sentence in accordance with this section if it finds that the
4 sentence was imposed in violation of this section.
5 § 9714. Sentences for second and subsequent offenses.
6 (a) Mandatory sentence.--Any person who is convicted in any
7 court of this Commonwealth of murder of the third degree,
8 voluntary manslaughter, rape, involuntary deviate sexual
9 intercourse, arson as defined in 18 Pa.C.S. § 3301(a) (relating
10 to arson), kidnapping or robbery as defined in 18 Pa.C.S. §
11 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or attempt
12 to commit any of these crimes, or who is convicted of aggravated
13 assault in which the offender intentionally, knowingly or
14 recklessly causes serious bodily injury to another under
15 circumstances manifesting extreme indifference to the value of
16 human life, shall, if they have previously been convicted of a
17 crime of violence as specified in subsection (b), be sentenced
18 to a minimum sentence of at least five years of total
19 confinement notwithstanding any other provision of this title or
20 other statute to the contrary.
21 (b) Prior convictions for crimes of violence.--For the
22 purposes of subsection (a), an offender shall be deemed to have
23 prior convictions for crimes of violence if both of the
24 following conditions hold:
25 (1) The offender was previously convicted in this
26 Commonwealth or any other state or the District of Columbia
27 or in any Federal court of murder, voluntary manslaughter,
28 rape, involuntary deviate sexual intercourse, robbery as
29 defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii)
30 (relating to robbery), arson as defined in 18 Pa.C.S. §
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1 3301(a) (relating to arson), kidnapping or aggravated assault
2 in which the offender intentionally, knowingly or recklessly
3 causes serious bodily injury to another under circumstances
4 manifesting extreme indifference to the value of human life,
5 or an equivalent crime in other jurisdictions. The previous
6 conviction need not be for the same crime as the instant
7 offense for this section to be applicable.
8 (2) The previous conviction occurred within seven years
9 of the date of the commission of the instant offense, except
10 that any time during which the offender was incarcerated in
11 any penitentiary, prison or other place of detention shall
12 not be considered in computing the relevant seven-year
13 period. Convictions for other offenses arising from the same
14 criminal episode as the instant offense shall not be
15 considered previous convictions for the purpose of this
16 section. A previous conviction shall include any conviction,
17 whether or not litigation is pending concerning that
18 conviction.
19 (c) Proof at sentencing.--Provisions of this section shall
20 not be an element of the crime and prior notice to the defendant
21 of the Commonwealth's intention to proceed under this section
22 shall be given as provided by general rule. The applicability of
23 this section shall be determined at sentencing. The sentencing
24 court, prior to imposing sentence on an offender under
25 subsection (a), shall have a complete record of the previous
26 convictions of the offender, copies of which shall be furnished
27 to the offender. If the offender or the attorney for the
28 Commonwealth contests the accuracy of the record, the court
29 shall schedule a hearing and direct the offender and the
30 attorney for the Commonwealth to submit evidence regarding the
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1 previous convictions of the offender. The court shall then
2 determine the previous convictions of the offender and, if this
3 section is applicable, shall impose sentence in accordance with
4 this section. Should a previous conviction be vacated and an
5 acquittal or final discharge entered subsequent to imposition of
6 sentence under this section, the offender shall have the right
7 to petition the sentencing court for reconsideration of sentence
8 if this section would not have been applicable except for the
9 conviction which was vacated.
10 (d) Authority of court in sentencing.--There shall be no
11 authority in any court to impose on an offender to which this
12 section is applicable any lesser sentence than provided for in
13 subsection (a) or to place such offender on probation or to
14 suspend sentence. Nothing in this section shall prevent the
15 sentencing court from imposing a sentence greater than that
16 provided in this section. Sentencing guidelines promulgated by
17 the Pennsylvania Commission on Sentencing shall not supersede
18 the mandatory sentences provided in this section.
19 (e) Appeal by Commonwealth.--If a sentencing court shall
20 refuse to apply this section where applicable, the Commonwealth
21 shall have the right to appellate review of the action of the
22 sentencing court. The appellate court shall vacate the sentence
23 and remand the case to the sentencing court for the imposition
24 of a sentence in accordance with this section if it finds that
25 the sentence was imposed in violation of this section.
26 § 9715. Life imprisonment for homicide.
27 (a) Mandatory life imprisonment.--Notwithstanding the
28 provisions of section 9712 (relating to sentences for offenses
29 committed with firearms), 9713 (relating to sentences for
30 offenses committed on public transportation) or 9714 (relating
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1 to sentences for second and subsequent offenses), any person
2 convicted of murder of the third degree in this Commonwealth who
3 has previously been convicted at any time of murder or voluntary
4 manslaughter in this Commonwealth or of the same or
5 substantially equivalent crime in any other jurisdiction shall
6 be sentenced to life imprisonment, notwithstanding any other
7 provision of this title or other statute to the contrary.
8 (b) Proof at sentencing.--Provisions of this section shall
9 not be an element of the crime and prior notice to the defendant
10 of the Commonwealth's intention to proceed under this section
11 shall be given as provided by general rule. The applicability of
12 this section shall be determined at sentencing. The sentencing
13 court, prior to imposing sentence on an offender under
14 subsection (a), shall have a complete record of the previous
15 convictions of the offender, copies of which shall be furnished
16 to the offender. If the offender or the attorney for the
17 Commonwealth contests the accuracy of the record, the court
18 shall schedule a hearing and direct the offender and the
19 attorney for the Commonwealth to submit evidence regarding the
20 previous convictions of the offender. The court shall then
21 determine the previous convictions of the offender and, if this
22 section is applicable, shall impose sentence in accordance with
23 this section. Should a previous conviction be vacated and an
24 acquittal or final discharge entered subsequent to imposition of
25 sentence under this section, the offender shall have the right
26 to petition the sentencing court for reconsideration of sentence
27 if this section would not have been applicable except for the
28 conviction which was vacated.
29 (c) Authority of court in sentencing.--There shall be no
30 authority in any court to impose on an offender to which this
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1 section is applicable any lesser sentence than provided for in
2 subsection (a) or to place such offender on probation or to
3 suspend sentence. Nothing in this section shall prevent the
4 sentencing court from imposing a sentence greater than that
5 provided in this section. Sentencing guidelines promulgated by
6 the Pennsylvania Commission on Sentencing shall not supersede
7 the mandatory sentences provided in this section.
8 (d) Appeal by Commonwealth.--If a sentencing court refuses
9 to apply this section where applicable, the Commonwealth shall
10 have the right to appellate review of the action of the
11 sentencing court. The appellate court shall vacate the sentence
12 and remand the case to the sentencing court for imposition of a
13 sentence in accordance with this section if it finds that the
14 sentence was imposed in violation of this section.
15 § 9716. Two or more mandatory minimum sentences applicable.
16 Where two or more sections requiring mandatory minimum
17 sentences are applicable, the court shall be bound by that
18 section requiring the greater penalty.
19 Section 4. This act shall take effect in 90 days. The
20 mandatory sentences provided in this act shall be applicable to
21 offenses committed after the effective date.
22 ARTICLE I <--
23 PRELIMINARY PROVISIONS
24 SECTION 101. SHORT TITLE.--THIS ACT SHALL BE KNOWN AND MAY
25 BE CITED AS THE "JARA CONTINUATION ACT OF 1982."
26 ARTICLE II
27 AMENDMENTS TO THE PENNSYLVANIA
28 CONSOLIDATED STATUTES
29 SECTION 201. AMENDMENTS TO TITLE 42.--THE DEFINITION OF
30 "PROCESS" IN SECTION 102 AND SECTIONS 723(A), 761(A), 762(A),
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1 933(A)(1)(IX), 953, 1123(A), 1515, 1725.1(E), 4131, 4132, 4133,
2 4134, 4135, 4136, 4303(A), 4503, 4521, 4527, 4532, 4561, 4563,
3 4563.1, 4565, 5103, 5105(F), 5304, 5501(A), 5522(A)(2) AND (B),
4 5523, 5524, 5525(5), (6), (7) AND (8), 5526(4), 5527, 5529(B),
5 5552(B), 5946, 5974, 6106, 6143(A), 6701, 6702, 6704, 6705,
6 6706, 6707, 6708, 6709, 6712, 7102(D) AND 7342, CHAPTERS 77 AND
7 79, SECTIONS 8123(A) AND (C), 8124(C)(9) AND (10), 8127, 8128
8 AND 8301(A), (C) AND (D), CHAPTERS 93 AND 95 AND SECTIONS
9 9755(G) AND 9756(D) OF TITLE 42, ACT OF NOVEMBER 25, 1970
10 (P.L.707, NO.230), KNOWN AS THE PENNSYLVANIA CONSOLIDATED
11 STATUTES, ARE AMENDED, ADDED OR REPEALED TO READ:
12 § 102. DEFINITIONS.
13 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
14 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
15 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
16 USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
17 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
18 * * *
19 "PROCESS." A DOCUMENT EVIDENCING A COMMAND OF A COURT OR OF
20 A DISTRICT JUSTICE.
21 * * *
22 § 723. APPEALS FROM COMMONWEALTH COURT.
23 (A) GENERAL RULE.--THE SUPREME COURT SHALL HAVE EXCLUSIVE
24 JURISDICTION OF APPEALS FROM FINAL ORDERS OF THE COMMONWEALTH
25 COURT ENTERED IN ANY MATTER WHICH WAS ORIGINALLY COMMENCED IN
26 [SAID COURT AND] THE COMMONWEALTH COURT EXCEPT AN ORDER ENTERED
27 IN A MATTER WHICH [DOES NOT CONSTITUTE] CONSTITUTES AN APPEAL TO
28 THE COMMONWEALTH COURT FROM ANOTHER COURT, A DISTRICT JUSTICE OR
29 ANOTHER GOVERNMENT UNIT.
30 * * *
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1 § 761. ORIGINAL JURISDICTION.
2 (A) GENERAL RULE.--THE COMMONWEALTH COURT SHALL HAVE
3 ORIGINAL JURISDICTION OF ALL CIVIL ACTIONS OR PROCEEDINGS:
4 (1) AGAINST THE COMMONWEALTH GOVERNMENT, INCLUDING ANY
5 OFFICER THEREOF, ACTING IN HIS OFFICIAL CAPACITY, EXCEPT:
6 (I) ACTIONS OR PROCEEDINGS IN THE NATURE OF
7 APPLICATIONS FOR A WRIT OF HABEAS CORPUS OR POST-
8 CONVICTION RELIEF NOT ANCILLARY TO PROCEEDINGS WITHIN THE
9 APPELLATE JURISDICTION OF THE COURT;
10 (II) EMINENT DOMAIN PROCEEDINGS;
11 (III) ACTIONS [ON CLAIMS IN WHICH IMMUNITY HAS BEEN
12 WAIVED] OR PROCEEDINGS CONDUCTED PURSUANT TO CHAPTER 85
13 (RELATING TO MATTERS AFFECTING GOVERNMENT UNITS) [OR];
14 (IV) ACTIONS OR PROCEEDINGS CONDUCTED PURSUANT TO
15 THE ACT OF MAY 20, 1937 (P.L.728, NO.193), REFERRED TO AS
16 THE BOARD OF CLAIMS ACT; AND
17 [(IV)] (V) ACTIONS OR PROCEEDINGS IN THE NATURE OF
18 TRESPASS AS TO WHICH THE COMMONWEALTH GOVERNMENT FORMERLY
19 ENJOYED SOVEREIGN OR OTHER IMMUNITY AND ACTIONS OR
20 PROCEEDINGS IN THE NATURE OF ASSUMPSIT RELATING TO SUCH
21 ACTIONS OR PROCEEDINGS IN THE NATURE OF TRESPASS.
22 (2) BY THE COMMONWEALTH GOVERNMENT, INCLUDING ANY
23 OFFICER THEREOF, ACTING IN HIS OFFICIAL CAPACITY, EXCEPT
24 EMINENT DOMAIN PROCEEDINGS.
25 (3) ARISING UNDER ARTICLE V OF THE ACT OF MAY 17, 1921
26 (P.L.789, NO.285), KNOWN AS "THE INSURANCE DEPARTMENT ACT OF
27 1921."
28 (4) ORIGINAL JURISDICTION OF WHICH IS VESTED IN THE
29 COMMONWEALTH COURT BY ANY STATUTE HEREAFTER ENACTED.
30 * * *
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1 § 762. APPEALS FROM COURTS OF COMMON PLEAS.
2 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), THE
3 COMMONWEALTH COURT SHALL HAVE EXCLUSIVE JURISDICTION OF APPEALS
4 FROM FINAL ORDERS OF THE COURTS OF COMMON PLEAS IN THE FOLLOWING
5 CASES:
6 (1) COMMONWEALTH CIVIL CASES.--ALL CIVIL ACTIONS OR
7 PROCEEDINGS:
8 [ORIGINAL] (I) ORIGINAL JURISDICTION OF WHICH IS
9 VESTED IN ANOTHER TRIBUNAL BY VIRTUE OF ANY OF THE
10 EXCEPTIONS TO SECTION 761(A)(1) (RELATING TO ORIGINAL
11 JURISDICTION), EXCEPT ACTIONS OR PROCEEDINGS IN THE
12 NATURE OF APPLICATIONS FOR A WRIT OF HABEAS CORPUS OR
13 POST-CONVICTION RELIEF NOT ANCILLARY TO PROCEEDINGS
14 WITHIN THE APPELLATE JURISDICTION OF THE COURT.
15 (II) BY THE COMMONWEALTH GOVERNMENT, INCLUDING ANY
16 OFFICER THEREOF ACTING IN HIS OFFICIAL CAPACITY.
17 (2) GOVERNMENTAL AND COMMONWEALTH REGULATORY CRIMINAL
18 CASES.--ALL CRIMINAL ACTIONS OR PROCEEDINGS FOR THE VIOLATION
19 OF ANY:
20 (I) RULE, REGULATION OR ORDER OF ANY COMMONWEALTH
21 AGENCY.
22 (II) REGULATORY STATUTE ADMINISTERED BY ANY
23 COMMONWEALTH AGENCY SUBJECT TO SUBCHAPTER A OF CHAPTER 5
24 OF TITLE 2 (RELATING TO PRACTICE AND PROCEDURE OF
25 COMMONWEALTH AGENCIES). THE TERM "REGULATORY STATUTE" AS
26 USED IN THIS SUBPARAGRAPH DOES NOT INCLUDE ANY PROVISION
27 OF TITLE 18 (RELATING TO CRIMES AND OFFENSES).
28 (3) SECONDARY REVIEW OF CERTAIN APPEALS FROM
29 COMMONWEALTH AGENCIES.--ALL APPEALS FROM COMMONWEALTH
30 AGENCIES WHICH MAY BE TAKEN INITIALLY TO THE COURTS OF COMMON
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1 PLEAS UNDER SECTION 933 (RELATING TO APPEALS FROM GOVERNMENT
2 AGENCIES).
3 (4) LOCAL GOVERNMENT CIVIL AND CRIMINAL MATTERS.--
4 (I) ALL ACTIONS OR PROCEEDINGS ARISING UNDER ANY
5 MUNICIPALITY, INSTITUTION DISTRICT, PUBLIC SCHOOL,
6 PLANNING OR ZONING CODE OR UNDER WHICH A MUNICIPALITY OR
7 OTHER POLITICAL SUBDIVISION OR MUNICIPALITY AUTHORITY MAY
8 BE FORMED OR INCORPORATED OR WHERE IS DRAWN IN QUESTION
9 THE APPLICATION, INTERPRETATION OR ENFORCEMENT OF ANY:
10 (A) STATUTE REGULATING THE AFFAIRS OF POLITICAL
11 SUBDIVISIONS, MUNICIPALITY AND OTHER LOCAL
12 AUTHORITIES OR OTHER PUBLIC CORPORATIONS OR OF THE
13 OFFICERS, EMPLOYEES OR AGENTS THEREOF, ACTING IN
14 THEIR OFFICIAL CAPACITY;
15 (B) HOME RULE CHARTER OR LOCAL ORDINANCE OR
16 RESOLUTION; OR
17 (C) STATUTE RELATING TO ELECTIONS, CAMPAIGN
18 FINANCING OR OTHER ELECTION PROCEDURES.
19 (II) ALL APPEALS FROM GOVERNMENT AGENCIES OTHER THAN
20 COMMONWEALTH AGENCIES DECIDED UNDER SECTION 933 OR
21 OTHERWISE.
22 (5) CERTAIN PRIVATE CORPORATION MATTERS.--
23 (I) ALL ACTIONS OR PROCEEDINGS RELATING TO
24 CORPORATIONS NOT-FOR-PROFIT ARISING UNDER TITLE 15
25 (RELATING TO CORPORATIONS AND UNINCORPORATED
26 ASSOCIATIONS) OR WHERE IS DRAWN IN QUESTION THE
27 APPLICATION, INTERPRETATION OR ENFORCEMENT OF ANY
28 PROVISION OF THE CONSTITUTION, TREATIES OR LAWS OF THE
29 UNITED STATES, OR THE CONSTITUTION OF PENNSYLVANIA OR ANY
30 STATUTE, REGULATING IN ANY SUCH CASE THE CORPORATE
19810H1804B3748 - 15 -
1 AFFAIRS OF ANY CORPORATION NOT-FOR-PROFIT SUBJECT TO
2 TITLE 15 OR THE AFFAIRS OF THE MEMBERS, SECURITY HOLDERS,
3 DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS THEREOF, AS
4 SUCH.
5 (II) ALL ACTIONS OR PROCEEDINGS OTHERWISE INVOLVING
6 THE CORPORATE AFFAIRS OF ANY CORPORATION NOT-FOR-PROFIT
7 SUBJECT TO TITLE 15 OR THE AFFAIRS OF THE MEMBERS,
8 SECURITY HOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES OR
9 AGENTS THEREOF, AS SUCH.
10 (6) EMINENT DOMAIN.--ALL EMINENT DOMAIN PROCEEDINGS OR
11 WHERE IS DRAWN IN QUESTION THE POWER OR RIGHT OF THE
12 ACQUIRING AGENCY TO APPROPRIATE THE CONDEMNED PROPERTY OR TO
13 USE IT FOR THE PURPOSE CONDEMNED OR OTHERWISE.
14 (7) IMMUNITY WAIVER MATTERS.--MATTERS [IN WHICH IMMUNITY
15 HAS BEEN WAIVED] CONDUCTED PURSUANT TO SUBCHAPTER C OF
16 CHAPTER 85 (RELATING TO ACTIONS AGAINST LOCAL PARTIES).
17 * * *
18 § 933. APPEALS FROM GOVERNMENT AGENCIES.
19 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PRESCRIBED BY ANY
20 GENERAL RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO
21 REASSIGNMENT OF MATTERS), EACH COURT OF COMMON PLEAS SHALL HAVE
22 JURISDICTION OF APPEALS FROM FINAL ORDERS OF GOVERNMENT AGENCIES
23 IN THE FOLLOWING CASES:
24 (1) APPEALS FROM COMMONWEALTH AGENCIES IN THE FOLLOWING
25 CASES:
26 * * *
27 (IX) DETERMINATIONS OF THE DEPARTMENT OF LABOR AND
28 INDUSTRY OR THE DEPARTMENT OF COMMERCE REVIEWABLE UNDER
29 THE ACT OF DECEMBER 15, 1980 (P.L.1203, NO.222), KNOWN AS
30 THE "BUILDING ENERGY CONSERVATION ACT." EXCEPT AS
19810H1804B3748 - 16 -
1 OTHERWISE PRESCRIBED BY GENERAL RULES, VENUE SHALL BE IN
2 THE COUNTY WHERE THE BUILDING IS LOCATED.
3 * * *
4 § 953. ADMINISTRATIVE JUDGES OF DIVISIONS.
5 EACH DIVISION OF A COURT OF COMMON PLEAS SHALL [BE PRESIDED
6 OVER BY] HAVE AN ADMINISTRATIVE JUDGE[. EACH SUCH ADMINISTRATIVE
7 JUDGE] WHO SHALL ASSIST THE PRESIDENT JUDGE OF THE COURT IN
8 SUPERVISING AND ADMINISTERING THE BUSINESS OF THE COURT AND
9 SHALL BE RESPONSIBLE TO HIM.
10 § 1123. JURISDICTION AND VENUE.
11 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PRESCRIBED BY ANY
12 GENERAL RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO
13 REASSIGNMENT OF MATTERS), THE PHILADELPHIA MUNICIPAL COURT SHALL
14 HAVE JURISDICTION OF THE FOLLOWING MATTERS:
15 (1) SUMMARY OFFENSES, EXCEPT THOSE WITHIN THE
16 JURISDICTION OF THE TRAFFIC COURT OF PHILADELPHIA.
17 (2) CRIMINAL OFFENSES BY ANY PERSON (OTHER THAN A
18 JUVENILE) FOR WHICH NO PRISON TERM MAY BE IMPOSED OR WHICH
19 ARE PUNISHABLE BY IMPRISONMENT FOR A TERM OF NOT MORE THAN
20 FIVE YEARS, INCLUDING INDICTABLE OFFENSES UNDER TITLE 75
21 (RELATING TO VEHICLES). IN CASES UNDER THIS PARAGRAPH THE
22 DEFENDANT SHALL HAVE NO RIGHT OF TRIAL BY JURY IN THE
23 MUNICIPAL COURT, BUT SHALL HAVE THE RIGHT OF APPEAL FOR TRIAL
24 DE NOVO, INCLUDING THE RIGHT OF TRIAL BY JURY, TO THE COURT
25 OF COMMON PLEAS. THE JUDGES OF THE MUNICIPAL COURT EXERCISING
26 JURISDICTION UNDER THIS PARAGRAPH SHALL HAVE THE SAME
27 JURISDICTION IN PROBATION AND PAROLE ARISING OUT OF SENTENCES
28 IMPOSED BY THEM AS JUDGES OF THE COURT OF COMMON PLEAS.
29 (3) MATTERS ARISING UNDER THE ACT OF APRIL 6, 1951
30 (P.L.69, NO.20), KNOWN AS "THE LANDLORD AND TENANT ACT OF
19810H1804B3748 - 17 -
1 1951."
2 (4) CIVIL ACTIONS, EXCEPT ACTIONS BY OR AGAINST A
3 COMMONWEALTH PARTY AS DEFINED BY SECTION 8501 (RELATING TO
4 DEFINITIONS), WHEREIN THE SUM DEMANDED DOES NOT EXCEED
5 $1,000, EXCLUSIVE OF INTEREST AND COSTS, IN THE FOLLOWING
6 CLASSES OF ACTIONS:
7 (I) IN ASSUMPSIT.
8 (II) IN TRESPASS, INCLUDING ALL FORMS OF TRESPASS
9 AND TRESPASS ON THE CASE.
10 (III) FOR FINES AND PENALTIES BY ANY GOVERNMENT
11 AGENCY.
12 A PLAINTIFF MAY WAIVE A PORTION OF HIS CLAIM OF MORE THAN
13 $1,000 SO AS TO BRING THE MATTER WITHIN THE MONETARY
14 JURISDICTION OF THE MUNICIPAL COURT. SUCH WAIVER SHALL BE
15 REVOKED AUTOMATICALLY IF THE DEFENDANT APPEALS THE FINAL
16 ORDER OF THE MUNICIPAL COURT. IN CASES UNDER THIS PARAGRAPH
17 THE DEFENDANT SHALL HAVE NO RIGHT OF TRIAL BY JURY IN THE
18 MUNICIPAL COURT, BUT SHALL HAVE THE RIGHT TO APPEAL FOR TRIAL
19 DE NOVO, INCLUDING THE RIGHT OF TRIAL BY JURY, TO THE COURT
20 OF COMMON PLEAS, IT BEING THE PURPOSE OF THIS PARAGRAPH TO
21 ESTABLISH AN EXPEDITIOUS SMALL CLAIMS PROCEDURE WHEREBY IT
22 SHALL NOT BE NECESSARY FOR THE LITIGANTS TO OBTAIN COUNSEL.
23 JUDGMENTS BY CONFESSION SHALL NOT BE ENTERED IN THE MUNICIPAL
24 COURT.
25 (5) AS COMMISSIONERS TO PRESIDE AT ARRAIGNMENTS, FIX AND
26 ACCEPT BAIL, ISSUE WARRANTS AND PERFORM DUTIES OF A SIMILAR
27 NATURE, INCLUDING THE JURISDICTION OF A COMMITTING MAGISTRATE
28 IN ALL CRIMINAL PROCEEDINGS.
29 * * *
30 § 1515. JURISDICTION AND VENUE.
19810H1804B3748 - 18 -
1 (A) JURISDICTION.--EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL
2 RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO REASSIGNMENT
3 OF MATTERS), DISTRICT JUSTICES SHALL, UNDER PROCEDURES
4 PRESCRIBED BY GENERAL RULE, HAVE JURISDICTION OF ALL OF THE
5 FOLLOWING MATTERS:
6 (1) SUMMARY OFFENSES, EXCEPT THOSE WITHIN THE
7 JURISDICTION OF AN ESTABLISHED AND OPEN TRAFFIC COURT.
8 (2) MATTERS ARISING UNDER THE ACT OF APRIL 6, 1951
9 (P.L.69, NO.20), KNOWN AS "THE LANDLORD AND TENANT ACT OF
10 1951," WHICH ARE STATED THEREIN TO BE WITHIN THE JURISDICTION
11 OF A DISTRICT JUSTICE.
12 (3) CIVIL CLAIMS, EXCEPT CLAIMS BY OR AGAINST A
13 COMMONWEALTH PARTY AS DEFINED BY SECTION 8501 (RELATING TO
14 DEFINITIONS), WHEREIN THE SUM DEMANDED DOES NOT EXCEED
15 $2,000, EXCLUSIVE OF INTEREST AND COSTS, IN THE FOLLOWING
16 CLASSES OF ACTIONS:
17 (I) IN ASSUMPSIT, EXCEPT CASES OF REAL CONTRACT
18 WHERE THE TITLE TO REAL ESTATE MAY BE IN QUESTION.
19 (II) IN TRESPASS, INCLUDING ALL FORMS OF TRESPASS
20 AND TRESPASS ON THE CASE.
21 (III) FOR FINES AND PENALTIES BY ANY GOVERNMENT
22 AGENCY.
23 A PLAINTIFF MAY WAIVE A PORTION OF HIS CLAIM OF MORE THAN
24 $2,000 SO AS TO BRING THE MATTER WITHIN THE MONETARY
25 JURISDICTION OF A DISTRICT JUSTICE. SUCH WAIVER SHALL [REMAIN
26 EFFECTIVE EXCEPT UPON APPEAL BY EITHER PARTY] BE REVOKED
27 AUTOMATICALLY IF THE DEFENDANT APPEALS THE FINAL ORDER OF THE
28 DISTRICT JUSTICE OR WHEN THE JUDGMENT IS SET ASIDE UPON
29 CERTIORARI.
30 (4) AS COMMISSIONERS TO PRESIDE AT ARRAIGNMENTS, FIX AND
19810H1804B3748 - 19 -
1 ACCEPT BAIL, ISSUE WARRANTS AND PERFORM DUTIES OF A SIMILAR
2 NATURE, INCLUDING THE JURISDICTION OF A COMMITTING MAGISTRATE
3 IN ALL CRIMINAL PROCEEDINGS.
4 (5) OFFENSES UNDER 75 PA.C.S. § 3731 (RELATING TO
5 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE),
6 IF THE FOLLOWING CRITERIA ARE MET:
7 (I) THE OFFENSE IS THE FIRST OFFENSE BY THE
8 DEFENDANT UNDER SUCH PROVISION IN THIS COMMONWEALTH.
9 (II) NO PERSONAL INJURY (OTHER THAN TO THE DEFENDANT
10 OR THE IMMEDIATE FAMILY OF THE DEFENDANT) RESULTED FROM
11 THE OFFENSE.
12 (III) THE DEFENDANT PLEADS GUILTY.
13 (IV) NO PROPERTY DAMAGE IN EXCESS OF $500 OTHER THAN
14 TO THE DEFENDANT'S PROPERTY RESULTED FROM THE VIOLATION.
15 (V) THE DEFENDANT IS NOT SUBJECT TO THE PROVISIONS
16 OF CHAPTER 63 (RELATING TO JUVENILE MATTERS).
17 (VI) THE ARRESTING AUTHORITY SHALL CAUSE TO BE
18 TRANSMITTED A COPY OF THE CHARGE OF ANY VIOLATION OF 75
19 PA.C.S. § 3731 TO THE [COUNTY] OFFICE OF THE CLERK OF
20 [COURTS] THE COURT OF COMMON PLEAS WITHIN FIVE DAYS AFTER
21 THE PRELIMINARY ARRAIGNMENT.
22 IN DETERMINING THAT THE ABOVE CRITERIA ARE MET THE DISTRICT
23 JUSTICE SHALL RELY ON THE CERTIFICATION OF THE ARRESTING
24 AUTHORITY. CERTIFICATION THAT THE CRITERIA ARE MET NEED NOT
25 BE IN WRITING. WITHIN TEN DAYS AFTER THE DISPOSITION, THE
26 DISTRICT JUSTICE SHALL CERTIFY THE DISPOSITION TO THE
27 [COUNTY] OFFICE OF THE CLERK OF [COURTS] THE COURT OF COMMON
28 PLEAS IN WRITING.
29 (6) (I) OFFENSES UNDER TITLE 18 (CRIMES AND OFFENSES)
30 AND TITLE 30 (FISH) WHICH ARE CLASSIFIED AS MISDEMEANORS
19810H1804B3748 - 20 -
1 OF THE THIRD DEGREE, IF THE FOLLOWING CRITERIA ARE MET:
2 (A) THE MISDEMEANOR IS NOT THE RESULT OF A
3 REDUCED CHARGE.
4 (B) ANY PERSONAL INJURY OR PROPERTY DAMAGE IS
5 LESS THAN $500.
6 (C) THE DEFENDANT PLEADS GUILTY.
7 (D) THE DEFENDANT IS NOT SUBJECT TO THE
8 PROVISIONS OF CHAPTER 63.
9 (II) SUBPARAGRAPH (I) SHALL NOT APPLY TO ANY OFFENSE
10 UNDER THE FOLLOWING PROVISIONS OF TITLE 18:
11 SECTION 4303 (RELATING TO CONCEALING DEATH OF
12 [BASTARD] CHILD BORN OUT OF WEDLOCK).
13 SECTION 4321 (RELATING TO WILLFUL SEPARATION OR
14 NONSUPPORT).
15 SECTION 5103 (RELATING TO UNLAWFULLY LISTENING
16 INTO DELIBERATIONS OF JURY).
17 (7) MATTERS JURISDICTION OF WHICH IS VESTED IN DISTRICT
18 JUSTICES BY ANY STATUTE.
19 (B) VENUE AND PROCESS.--THE VENUE OF A DISTRICT JUSTICE
20 CONCERNING MATTERS OVER WHICH JURISDICTION IS CONFERRED BY
21 SUBSECTION (A) SHALL BE AS PRESCRIBED BY GENERAL RULE. THE
22 PROCESS OF THE DISTRICT JUSTICE SHALL EXTEND BEYOND THE
23 TERRITORIAL LIMITS OF THE MAGISTERIAL DISTRICT TO THE EXTENT
24 PRESCRIBED BY GENERAL RULE.
25 § 1725.1. COSTS.
26 * * *
27 (E) FISH AND BOATING OFFENSES.--
28 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), ANY PERSON
29 CONVICTED OF A SUMMARY OFFENSE UNDER TITLE 30 (RELATING TO
30 FISH) SHALL, IN ADDITION TO THE FINE IMPOSED, BE SENTENCED TO
19810H1804B3748 - 21 -
1 PAY $10 AS COSTS OF THE ISSUING AUTHORITY WHICH COSTS SHALL
2 INCLUDE ALL CHARGES INCLUDING, WHEN CALLED FOR, THE COSTS OF
3 POSTAGE AND REGISTERED OR CERTIFIED MAIL AND THE COSTS OF
4 GIVING A TRANSCRIPT TO THE PROSECUTOR OR DEFENDANT, OR BOTH,
5 IF REQUESTED.
6 (2) WHERE THE PERSON CHARGED WITH A SUMMARY OFFENSE
7 UNDER TITLE 30 DEMANDS A HEARING, THE COSTS OF THE ISSUING
8 AUTHORITY SHALL BE $15, WHICH COSTS SHALL INCLUDE ALL CHARGES
9 INCLUDING THE CHARGES SPECIFIED IN PARAGRAPH (1).
10 § 4131. DEFINITIONS. (RESERVED).
11 [§ 4131. CLASSIFICATION OF PENAL CONTEMPTS.]
12 § 4132. ATTACHMENT AND SUMMARY PUNISHMENT FOR CONTEMPTS.
13 THE POWER OF THE SEVERAL COURTS OF THIS COMMONWEALTH TO ISSUE
14 ATTACHMENTS AND TO [INFLICT] IMPOSE SUMMARY PUNISHMENTS FOR
15 CONTEMPTS OF COURT SHALL BE RESTRICTED TO THE FOLLOWING CASES:
16 (1) THE OFFICIAL MISCONDUCT OF THE OFFICERS OF SUCH
17 COURTS RESPECTIVELY.
18 (2) DISOBEDIENCE OR NEGLECT BY OFFICERS, PARTIES, JURORS
19 OR WITNESSES OF OR TO THE LAWFUL PROCESS OF THE COURT.
20 (3) THE MISBEHAVIOR OF ANY PERSON IN THE PRESENCE OF THE
21 COURT, THEREBY OBSTRUCTING THE ADMINISTRATION OF JUSTICE.
22 [§ 4132. PUNISHMENT] § 4133. COMMITMENT OR FINE FOR CONTEMPT.
23 EXCEPT AS OTHERWISE PROVIDED BY STATUTE, THE PUNISHMENT OF
24 [IMPRISONMENT] COMMITMENT FOR CONTEMPT [AS] PROVIDED IN SECTION
25 [4131] 4132 (RELATING TO [CLASSIFICATION OF PENAL] ATTACHMENT
26 AND SUMMARY PUNISHMENT FOR CONTEMPTS) SHALL EXTEND ONLY TO
27 [SUCH] CONTEMPTS [AS SHALL BE] COMMITTED IN OPEN [COURT, AND
28 ALL] COURT. ALL OTHER CONTEMPTS SHALL BE PUNISHED BY FINE ONLY.
29 [§ 4133. IMPRISONMENT] § 4134. COMMITMENT FOR FAILURE TO PAY
30 FINE.
19810H1804B3748 - 22 -
1 THE COURT MAY ORDER THE SHERIFF OR OTHER PROPER OFFICER OF
2 ANY COUNTY TO TAKE INTO CUSTODY AND COMMIT TO JAIL ANY PERSON
3 FINED FOR A CONTEMPT[,] UNTIL SUCH FINE SHALL BE PAID OR
4 DISCHARGED. IF [SUCH PERSON SHALL BE] UNABLE TO PAY SUCH FINE[,
5 HE] SUCH PERSON MAY BE COMMITTED TO [PRISON] JAIL BY THE COURT
6 FOR NOT EXCEEDING THREE MONTHS.
7 [§ 4134.] § 4135. PUBLICATION OUT OF COURT.
8 (A) GENERAL RULE.--[NO PUBLICATION] PUBLICATION OUT OF COURT
9 RESPECTING THE CONDUCT OF JUDGES, DISTRICT JUSTICES, OTHER
10 SYSTEM OR RELATED PERSONNEL, JURORS OR PARTICIPANTS IN
11 CONNECTION WITH ANY MATTER PENDING BEFORE ANY TRIBUNAL SHALL NOT
12 BE CONSTRUED AS A CONTEMPT OF COURT ON THE PART OF THE AUTHOR,
13 PUBLISHER OR OTHER PERSON CONNECTED WITH SUCH PUBLICATION.
14 (B) CIVIL AND CRIMINAL LIABILITY NOT AFFECTED.--IF ANY
15 PUBLICATION SPECIFIED IN SUBSECTION (A) SHALL IMPROPERLY TEND TO
16 BIAS THE MINDS OF THE PUBLIC, OR OF THE TRIBUNAL, OTHER SYSTEM
17 OR RELATED PERSONNEL, JURORS OR PARTICIPANTS IN CONNECTION WITH
18 ANY MATTER PENDING BEFORE ANY TRIBUNAL, ANY PERSON [WHO MAY BE]
19 AGGRIEVED THEREBY MAY PROCEED AGAINST THE PERSONS RESPONSIBLE
20 FOR THE PUBLICATION BY APPROPRIATE CIVIL [OR CRIMINAL] ACTION OR
21 CRIMINAL PROCEEDING [AS IN OTHER CASES OF WRONGFUL PUBLICATION].
22 [§ 4135. CRIMINAL CONTEMPT.] § 4136. RIGHTS OF PERSONS CHARGED
23 WITH CERTAIN INDIRECT CRIMINAL CONTEMPTS.
24 (A) GENERAL RULE.--[IN ALL CASES WHERE A] A PERSON [SHALL
25 BE] CHARGED WITH INDIRECT CRIMINAL CONTEMPT FOR VIOLATION OF A
26 RESTRAINING ORDER OR INJUNCTION ISSUED BY A COURT [OR JUDGE, THE
27 ACCUSED] SHALL ENJOY:
28 (1) THE RIGHTS [AS TO ADMISSION] TO BAIL THAT ARE
29 ACCORDED TO PERSONS ACCUSED OF CRIME.
30 (2) THE RIGHT TO BE NOTIFIED OF THE ACCUSATION AND A
19810H1804B3748 - 23 -
1 REASONABLE TIME TO MAKE A DEFENSE, IF THE ALLEGED CONTEMPT IS
2 NOT COMMITTED IN THE IMMEDIATE VIEW OR PRESENCE OF THE COURT.
3 (3) (I) UPON DEMAND, THE RIGHT TO A SPEEDY AND PUBLIC
4 TRIAL BY AN IMPARTIAL JURY OF THE JUDICIAL DISTRICT
5 WHEREIN THE CONTEMPT [SHALL] IS ALLEGED TO HAVE BEEN
6 COMMITTED.
7 (II) THE REQUIREMENT OF SUBPARAGRAPH (I) SHALL NOT
8 BE CONSTRUED TO APPLY TO CONTEMPTS:
9 (A) COMMITTED IN THE PRESENCE OF THE COURT OR SO
10 NEAR THERETO AS TO INTERFERE DIRECTLY WITH THE
11 ADMINISTRATION OF JUSTICE, OR TO APPLY TO THE
12 MISBEHAVIOR, MISCONDUCT, OR DISOBEDIENCE OF ANY
13 OFFICER OF THE COURT IN RESPECT TO THE WRITS, ORDERS,
14 OR PROCESS OF THE COURT; OR
15 (B) SUBJECT TO 75 PA.C.S. § 4108(C) (RELATING TO
16 NONJURY CRIMINAL CONTEMPT PROCEEDINGS).
17 (4) THE RIGHT TO FILE WITH THE COURT A DEMAND FOR THE
18 WITHDRAWAL OF THE JUDGE SITTING IN THE PROCEEDING, IF THE
19 ALLEGED CONTEMPT ARISES FROM AN ATTACK UPON THE CHARACTER OR
20 CONDUCT OF SUCH JUDGE, AND IF THE ATTACK OCCURRED OTHERWISE
21 THAN IN OPEN COURT. UPON THE FILING OF ANY SUCH DEMAND, THE
22 JUDGE SHALL THEREUPON PROCEED NO FURTHER BUT ANOTHER JUDGE
23 SHALL BE DESIGNATED BY THE COURT. THE DEMAND SHALL BE FILED
24 PRIOR TO THE HEARING IN THE CONTEMPT PROCEEDING.
25 (B) PUNISHMENT.--EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE
26 OR BY STATUTE HEREAFTER ENACTED, PUNISHMENT FOR A CONTEMPT
27 SPECIFIED IN SUBSECTION (A) MAY BE BY FINE NOT EXCEEDING $100 OR
28 BY IMPRISONMENT NOT EXCEEDING 15 DAYS IN THE JAIL OF THE COUNTY
29 WHERE THE COURT IS SITTING, OR BOTH, IN THE DISCRETION OF THE
30 COURT. WHERE A PERSON IS COMMITTED TO JAIL FOR THE NONPAYMENT OF
19810H1804B3748 - 24 -
1 SUCH A FINE, HE SHALL BE DISCHARGED AT THE EXPIRATION OF 15
2 DAYS, BUT WHERE HE IS ALSO COMMITTED FOR A DEFINITE TIME, THE 15
3 DAYS SHALL BE COMPUTED FROM THE EXPIRATION OF THE DEFINITE TIME.
4 § 4303. EFFECT OF JUDGMENTS AND ORDERS AS LIENS.
5 (A) REAL PROPERTY.--ANY JUDGMENT OR OTHER ORDER OF A COURT
6 OF COMMON PLEAS FOR THE PAYMENT OF MONEY SHALL BE A LIEN UPON
7 REAL PROPERTY ON THE CONDITIONS, TO THE EXTENT AND WITH THE
8 PRIORITY PROVIDED BY STATUTE OR PRESCRIBED BY GENERAL RULE
9 ADOPTED PURSUANT TO SECTION 1722(B) (RELATING TO ENFORCEMENT AND
10 EFFECT OF ORDERS AND PROCESS) WHEN IT IS ENTERED OF RECORD [AND
11 INDEXED] IN THE OFFICE OF THE CLERK OF THE COURT OF COMMON PLEAS
12 OF THE COUNTY WHERE THE REAL PROPERTY IS SITUATED, OR IN THE
13 OFFICE OF THE CLERK OF THE BRANCH OF THE COURT OF COMMON PLEAS
14 EMBRACING SUCH COUNTY.
15 * * *
16 § 4503. EXEMPTIONS FROM JURY DUTY.
17 (A) GENERAL RULE.--NO PERSON SHALL BE EXEMPT OR EXCUSED FROM
18 JURY DUTY EXCEPT THE FOLLOWING:
19 (1) PERSONS IN ACTIVE SERVICE OF THE ARMED FORCES OF THE
20 UNITED STATES OR OF THE COMMONWEALTH OF PENNSYLVANIA.
21 (2) PERSONS WHO HAVE SERVED WITHIN THREE YEARS NEXT
22 PRECEDING ON ANY JURY EXCEPT A PERSON WHO SERVED AS A JUROR
23 FOR FEWER THAN THREE DAYS IN ANY ONE YEAR IN WHICH CASE THE
24 EXEMPTION PERIOD SHALL BE ONE YEAR.
25 (3) PERSONS DEMONSTRATING TO THE COURT UNDUE HARDSHIP OR
26 EXTREME INCONVENIENCE MAY BE EXCUSED PERMANENTLY OR FOR SUCH
27 PERIOD AS THE COURT DETERMINES IS NECESSARY, AND IF EXCUSED
28 FOR A LIMITED PERIOD SHALL, AT THE END OF THE PERIOD, [THE
29 JUROR SHALL] BE ASSIGNED TO THE NEXT JURY ARRAY.
30 (B) CHALLENGES.--THIS [SECTION] SUBCHAPTER SHALL NOT AFFECT
19810H1804B3748 - 25 -
1 THE EXISTING PRACTICE WITH RESPECT TO PEREMPTORY CHALLENGES AND
2 CHALLENGES FOR CAUSE.
3 § 4521. SELECTION OF PROSPECTIVE JURORS.
4 (A) PREPARATION OF MASTER LIST OF PROSPECTIVE JURORS.--[IN
5 ORDER TO ACCOMPLISH THE OBJECTIVES OF SECTION 4501 (RELATING TO
6 DECLARATION OF POLICY), THE JURY SELECTION COMMISSION SHALL AT]
7 AT LEAST ANNUALLY THE JURY SELECTION COMMISSION SHALL PREPARE A
8 MASTER LIST OF PROSPECTIVE JURORS. THE LIST SHALL CONTAIN ALL
9 VOTER REGISTRATION LISTS FOR THE COUNTY, WHICH LISTS MAY BE
10 INCORPORATED BY REFERENCE, OR NAMES FROM SUCH OTHER LISTS WHICH
11 IN THE OPINION OF THE COMMISSION WILL PROVIDE A NUMBER OF NAMES
12 OF PROSPECTIVE JURORS WHICH IS EQUAL TO OR GREATER THAN THE
13 NUMBER OF NAMES CONTAINED IN THE VOTER REGISTRATION LIST. THE
14 COMMISSION MAY, BUT WILL NOT BE REQUIRED TO, SUPPLEMENT THE
15 [LIST WHICH SUPPLEMENTAL LIST MAY INCLUDE BUT NEED NOT BE
16 LIMITED TO THOSE] MASTER LIST OF PROSPECTIVE JURORS TO INCLUDE,
17 WITHOUT BEING LIMITED TO, PERSONS IN ANY OF THE FOLLOWING
18 CATEGORIES:
19 (1) PERSONS LISTED IN TELEPHONE, CITY, MUNICIPAL
20 DIRECTORIES AND SIMILAR DIRECTORIES.
21 (2) PERSONS WHO PAY TAXES OR ARE ASSESSED FOR TAXES
22 IMPOSED BY ANY POLITICAL SUBDIVISIONS. [OFFICIALS OF
23 POLITICAL SUBDIVISIONS HAVING CUSTODY, POSSESSION OR CONTROL
24 OF THE TAX ASSESSMENT LISTS OF NAMES SHALL UPON REQUEST OF
25 THE COMMISSION MAKE SUCH RECORDS AVAILABLE TO THE COMMISSION.
26 THIS PARAGRAPH SHALL NOT BE CONSTRUED TO REQUIRE OR PERMIT
27 ANY OFFICIAL HAVING CUSTODY, POSSESSION OR CONTROL OF SUCH
28 TAX RECORDS TO PROVIDE THE COMMISSION WITH ANY INFORMATION
29 OTHER THAN THE NAME, MAILING ADDRESS AND MUNICIPALITY OF
30 RESIDENCE OF SUCH PERSONS.]
19810H1804B3748 - 26 -
1 (3) PERSONS IN THE COUNTY PARTICIPATING IN ANY STATE,
2 COUNTY OR LOCAL PROGRAM AUTHORIZED BY LAW AND, TO THE EXTENT
3 SUCH NAMES ARE AVAILABLE, PERSONS PARTICIPATING IN ANY
4 FEDERAL PROGRAM AUTHORIZED BY LAW. [STATE AND LOCAL OFFICIALS
5 HAVING CUSTODY, POSSESSION OR CONTROL OF SUCH RECORDS BEARING
6 THE NAMES AND RESIDENCES OR MAILING ADDRESSES OF SUCH PERSONS
7 SHALL MAKE THEM AVAILABLE TO THE COMMISSION FOR INSPECTION,
8 REPRODUCTION AND COPYING. THIS PARAGRAPH SHALL NOT BE
9 CONSTRUED TO REQUIRE OR PERMIT AN OFFICIAL HAVING CUSTODY,
10 POSSESSION OR CONTROL OF RECORDS OF PROGRAMS AUTHORIZED BY
11 LAW:
12 (I) TO PROVIDE THE COMMISSION WITH INFORMATION OTHER
13 THAN THE NAME, MAILING ADDRESS AND MUNICIPALITY OF
14 RESIDENCE OF SUCH PERSONS; OR
15 (II) TO PROVIDE THE COMMISSION OR OTHERWISE DISCLOSE
16 RECORDS OR INFORMATION WHICH THE DEPARTMENT OF JUSTICE BY
17 REGULATION DETERMINES TO BE PRIVILEGED FROM DISCLOSURE.]
18 (4) PERSONS WHO ARE ON SCHOOL CENSUS LISTS.
19 (5) ANY OTHER PERSON WHOSE NAME DOES NOT APPEAR IN THE
20 MASTER LIST OF PROSPECTIVE JURORS AND WHO MEETS THE
21 QUALIFICATIONS FOR JURORS SET FORTH IN THIS CHAPTER AND WHO
22 MAKES APPLICATION TO THE COMMISSION TO BE LISTED ON THE
23 MASTER LIST OF PROSPECTIVE JURORS.
24 (B) MAINTENANCE OF AND ACCESS TO MASTER LIST OF PROSPECTIVE
25 JURORS.--THE GROUP OF NAMES COMPILED AS SET FORTH IN SUBSECTION
26 (A) SHALL CONSTITUTE THE MASTER LIST OF PROSPECTIVE JURORS. THE
27 LIST SHALL BE OPEN TO THE PUBLIC FOR INSPECTION.
28 (C) SELECTION OF NAMES FOR JURY SERVICE.--AT LEAST ONCE EACH
29 YEAR THE COMMISSION SHALL SELECT AT RANDOM FROM THE MASTER LIST
30 OF PROSPECTIVE JURORS THE NUMBER OF NAMES DESIGNATED BY THE
19810H1804B3748 - 27 -
1 PRESIDENT JUDGE[, WHICH NAMES SHALL BE SELECTED AT RANDOM]
2 PURSUANT TO COURT ORDERS ISSUED UNDER SECTION 4531 (RELATING TO
3 ISSUANCE OF COURT ORDERS FOR JURORS).
4 (D) JUROR QUALIFICATION FORM.--
5 (1) THE COMMISSION MAY MAIL TO EACH PERSON WHOSE NAME
6 HAS BEEN SELECTED IN THE MANNER SET FORTH IN SUBSECTION (C) A
7 JUROR QUALIFICATION FORM DEVISED BY THE COMMISSION IN SUCH
8 MANNER THAT THE COMMISSION MAY DETERMINE FROM THE ANSWERS TO
9 THE QUESTIONS ON THE FORM WHETHER OR NOT THE PROSPECTIVE
10 JUROR IS QUALIFIED. THE QUESTIONS ASKED IN SUCH JUROR
11 QUALIFICATION FORM SHALL BE LIMITED TO MATTERS REASONABLY
12 CALCULATED TO PERMIT A DETERMINATION OF THE PERSON'S
13 QUALIFICATIONS TO SERVE AS A JUROR.
14 (2) THE JUROR QUALIFICATION FORM SHALL BE EXECUTED BY
15 THE PROSPECTIVE JUROR AND SHALL PLAINLY AND CONSPICUOUSLY
16 STATE THEREON THAT ITS EXECUTION IS SUBJECT TO THE PENALTY
17 FOR PERJURY. IF THE PERSON IS UNABLE TO FILL OUT THE FORM,
18 ANOTHER PERSON MAY FILL IT OUT FOR HIM, INDICATE THAT HE HAS
19 DONE SO, AND THE REASON THEREFOR. THE PROSPECTIVE JUROR SHALL
20 MAIL OR DELIVER THE COMPLETED FORM TO THE COMMISSION.
21 (3) IF THE FORM DOES NOT APPEAR TO BE PROPERLY EXECUTED,
22 THE COMMISSION SHALL RETURN THE FORM TO THE PROSPECTIVE JUROR
23 WITH INSTRUCTIONS TO MAKE SUCH ADDITIONS OR CORRECTIONS AS
24 MAY BE NECESSARY AND RETURN IT TO THE COMMISSION WITHIN THE
25 TIME SPECIFIED.
26 (4) ANY PERSON WHO FAILS TO RETURN THE JUROR
27 QUALIFICATION FORM AS DIRECTED MAY BE SUMMONED BY THE
28 COMMISSION TO APPEAR AT THE OFFICES OF THE COMMISSION TO FILL
29 OUT A JUROR QUALIFICATION FORM OR TO RESOLVE ANY AMBIGUITY
30 CONTAINED THEREIN.
19810H1804B3748 - 28 -
1 (E) SELECTION IN CERTAIN COUNTIES.--IN THOSE COUNTIES WHICH
2 DO NOT USE THE JUROR QUALIFICATION FORM AS PROVIDED FOR IN
3 SUBSECTION (D), THE SELECTION OF PERSONS FOR JURY SERVICE SHALL
4 BE MADE IN ACCORDANCE WITH SECTION 4524 (RELATING TO SELECTION
5 OF JURORS FOR SERVICE) AND PROVISION SHALL BE MADE FOR THE
6 COLLECTION OF INFORMATION WITH THE SUMMONS IN ORDER TO COMPLY
7 WITH SECTIONS 4502 (RELATING TO QUALIFICATIONS OF JURORS) AND
8 4503 (RELATING TO EXEMPTIONS FROM JURY DUTY).
9 (F) COMPELLING COMPLIANCE WITH SECTION.--ON APPLICATION BY
10 THE COMMISSION, THE COURT SHALL COMPEL COMPLIANCE WITH
11 SUBSECTIONS (A)(2), (3) AND (4) AND (D). OFFICIALS OF POLITICAL
12 SUBDIVISIONS AND COMMONWEALTH OFFICIALS HAVING CUSTODY,
13 POSSESSION OR CONTROL OF LISTS OF NAMES DESCRIBED IN THIS
14 SECTION SHALL, UPON REQUEST OF THE COMMISSION, MAKE SUCH LISTS
15 AVAILABLE TO THE COMMISSION FOR INSPECTION, REPRODUCTION AND
16 COPYING BUT SHALL NOT BE REQUIRED OR PERMITTED TO:
17 (1) PROVIDE THE COMMISSION WITH INFORMATION OTHER THAN
18 THE NAME, MAILING ADDRESS AND MUNICIPALITY OF RESIDENCE OF
19 SUCH PERSON; OR
20 (2) PROVIDE THE COMMISSION WITH OR OTHERWISE DISCLOSE
21 RECORDS OR INFORMATION WHICH THE ATTORNEY GENERAL BY
22 REGULATION DETERMINES TO BE PRIVILEGED FROM DISCLOSURE.
23 § 4527. EFFECT OF VERDICT ON JURY SELECTION ERRORS.
24 EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL RULE, ERRORS AND
25 OMISSIONS IN THE SELECTION OF JURORS UNDER THIS SUBCHAPTER SHALL
26 NOT CONSTITUTE GROUNDS TO SET ASIDE ANY JURY VERDICT IN ANY
27 CIVIL OR CRIMINAL MATTER OR TO ARREST, REVERSE, OPEN OR STRIKE
28 ANY JUDGMENT ENTERED ON A JURY VERDICT AND THE TRIAL BY JURY AND
29 ITS RENDITION OF A VERDICT IN ANY MATTER SHALL CONSTITUTE A
30 WAIVER OF ALL SUCH ERRORS AND OMISSIONS.
19810H1804B3748 - 29 -
1 § 4532. SUMMONING PERSONS TO SERVE AS JURORS [FOR SERVICE].
2 [JURORS] PERSONS WHO HAVE BEEN SELECTED FOR SERVICE AS JURORS
3 SHALL BE SUMMONED TO SERVE IN A MANNER DETERMINED BY THE JURY
4 SELECTION COMMISSION WITH THE CONCURRENCE OF THE PRESIDENT
5 JUDGE.
6 § 4561. COMPENSATION OF AND TRAVEL ALLOWANCE FOR JURORS.
7 (A) COMPENSATION.--A [JUROR] PERSON SUMMONED TO SERVE AS A
8 JUROR SHALL RECEIVE COMPENSATION AT THE RATE OF $9 A DAY FOR THE
9 FIRST THREE DAYS IN ANY CALENDAR YEAR HE SHALL BE REQUIRED TO
10 REPORT FOR SERVICE AND $25 A DAY FOR EACH DAY THEREAFTER IN SUCH
11 CALENDAR YEAR THAT SUCH [JUROR] PERSON IS REQUIRED TO REPORT. IN
12 ADDITION, [JURORS] PERSONS SO SUMMONED SHALL BE [COMPENSATED FOR
13 MILEAGE] PAID A TRAVEL ALLOWANCE AT THE RATE OF 17¢ PER MILE
14 CIRCULAR EXCEPT THAT NO [MILEAGE] TRAVEL ALLOWANCE SHALL BE PAID
15 IN THE FIRST JUDICIAL DISTRICT.
16 (B) STATE REIMBURSEMENT.--THE COMMONWEALTH SHALL REIMBURSE
17 EACH COUNTY 80% OF THE AMOUNT EXPENDED BY THE COUNTY FOR SUCH
18 COMPENSATION AND [MILEAGE] TRAVEL ALLOWANCE BEYOND THE FIRST
19 THREE DAYS OF SERVICE IF THE JUROR IS PARTICIPATING IN A TRIAL
20 OR IN GRAND JURY PROCEEDINGS. APPLICATION FOR REIMBURSEMENT
21 SHALL BE MADE BY THE COUNTY TO THE STATE TREASURER THROUGH THE
22 ADMINISTRATIVE OFFICE [ON FORMS AND] PURSUANT TO [UNIFORM]
23 PROCEDURES PRESCRIBED BY SAID OFFICE. AS USED IN THIS SECTION,
24 TRIAL PARTICIPATION SHALL INCLUDE VOIR DIRE EXAMINATION ONLY IF
25 SUCH EXAMINATION SHALL HAVE COMMENCED PRIOR TO THE JUROR'S
26 FOURTH DAY OF SERVICE.
27 § 4563. PROTECTION OF EMPLOYMENT OF [JURORS] PETIT AND GRAND
28 JURORS.
29 (A) GENERAL RULE.--AN EMPLOYER SHALL NOT DEPRIVE AN EMPLOYEE
30 OF HIS EMPLOYMENT, SENIORITY POSITION OR BENEFITS, OR THREATEN
19810H1804B3748 - 30 -
1 OR OTHERWISE COERCE HIM WITH RESPECT THERETO, BECAUSE THE
2 EMPLOYEE RECEIVES A SUMMONS, RESPONDS THERETO, SERVES AS A JUROR
3 OR ATTENDS COURT FOR PROSPECTIVE JURY SERVICE. NOTHING IN THIS
4 SECTION SHALL BE CONSTRUED TO REQUIRE THE EMPLOYER TO COMPENSATE
5 THE EMPLOYEE FOR EMPLOYMENT TIME LOST BECAUSE OF SUCH JURY
6 SERVICE.
7 (B) PENALTY.--ANY EMPLOYER WHO VIOLATES SUBSECTION (A)
8 COMMITS A SUMMARY OFFENSE.
9 (C) CIVIL REMEDY AVAILABLE.--IF AN EMPLOYER PENALIZES AN
10 EMPLOYEE IN VIOLATION OF SUBSECTION (A) THE EMPLOYEE [WITHIN SIX
11 MONTHS AFTER THE VIOLATION OCCURS] MAY BRING A CIVIL ACTION FOR
12 RECOVERY OF WAGES AND [OTHER] BENEFITS LOST AS A RESULT OF THE
13 VIOLATION AND FOR AN ORDER REQUIRING [HIS] THE REINSTATEMENT OF
14 THE EMPLOYEE. DAMAGES RECOVERABLE SHALL NOT EXCEED WAGES AND
15 BENEFITS ACTUALLY LOST. IF HE PREVAILS, THE EMPLOYEE SHALL BE
16 ALLOWED A REASONABLE ATTORNEY'S FEE FIXED BY THE COURT.
17 (D) EXCEPTION.--SUBSECTION (A) SHALL NOT APPLY TO ANY
18 EMPLOYER IN ANY RETAIL OR SERVICE INDUSTRY EMPLOYING FEWER THAN
19 15 PERSONS OR ANY EMPLOYER IN ANY MANUFACTURING INDUSTRY
20 EMPLOYING FEWER THAN 40 PERSONS.
21 (E) RIGHT TO EXCUSE.--ANY INDIVIDUAL NOT ENTITLED TO
22 REEMPLOYMENT UNDER SUBSECTION (A) SHALL, UPON REQUEST TO THE
23 COURT, BE EXCUSED FROM JURY SERVICE.
24 [§ 4563.1. PROTECTION OF EMPLOYMENT OF GRAND JURORS.
25 (A) GENERAL RULE.--AN EMPLOYER SHALL NOT DEPRIVE AN EMPLOYEE
26 OF HIS EMPLOYMENT, SENIORITY POSITION OR BENEFITS, OR THREATEN
27 OR OTHERWISE COERCE HIM WITH RESPECT THERETO, BECAUSE THE
28 EMPLOYEE RECEIVES A SUMMONS, RESPONDS THERETO, SERVES AS AN
29 INVESTIGATING GRAND JUROR OR ATTENDS COURT FOR PROSPECTIVE
30 INVESTIGATING GRAND JURY SERVICE. NOTHING IN THIS SECTION SHALL
19810H1804B3748 - 31 -
1 BE CONSTRUED TO REQUIRE THE EMPLOYER TO COMPENSATE THE EMPLOYEE
2 FOR EMPLOYMENT TIME LOST BECAUSE OF SUCH GRAND JURY SERVICE.
3 (B) CRIMINAL PENALTY.--ANY EMPLOYER WHO VIOLATES SUBSECTION
4 (A) COMMITS A SUMMARY OFFENSE.
5 (C) CIVIL LIABILITY.--IF ANY EMPLOYER PENALIZES AN EMPLOYEE
6 IN VIOLATION OF SUBSECTION (A) THE EMPLOYEE MAY BRING A CIVIL
7 ACTION FOR RECOVERY OF WAGES OR BENEFITS LOST AS A RESULT OF THE
8 VIOLATION AND FOR AN ORDER REQUIRING THE REINSTATEMENT OF THE
9 EMPLOYEE. DAMAGES RECOVERABLE SHALL NOT EXCEED WAGES AND
10 BENEFITS ACTUALLY LOST. IF HE PREVAILS, THE EMPLOYEE SHALL BE
11 ALLOWED A REASONABLE ATTORNEY'S FEE FIXED BY THE COURT.
12 (D) EXCEPTION.--SUBSECTION (A) SHALL NOT APPLY TO ANY
13 EMPLOYER IN ANY RETAIL OR SERVICE INDUSTRY EMPLOYING FEWER THAN
14 15 PERSONS OR ANY EMPLOYER IN ANY MANUFACTURING INDUSTRY
15 EMPLOYING FEWER THAN 40 PERSONS.
16 (E) RIGHT TO EXCUSE.--ANY INDIVIDUAL NOT ENTITLED TO
17 REEMPLOYMENT UNDER SUBSECTION (A) SHALL, UPON REQUEST TO THE
18 COURT, BE EXCUSED FROM GRAND JURY SERVICE.]
19 § 4565. [COMPETENCY OF] CHALLENGING CERTAIN PETIT JURORS WHERE
20 POLITICAL SUBDIVISION IS A PARTY.
21 A PERSON SHALL NOT BE CHALLENGED FOR CAUSE AND EXCLUDED FROM
22 SERVING AS A JUROR IN ANY ACTION OR PROCEEDING IN WHICH A
23 POLITICAL SUBDIVISION IS A PARTY OR IS INTERESTED BECAUSE SUCH
24 PERSON IS OR WAS AN OFFICER, RATED CITIZEN OR INHABITANT IN SUCH
25 POLITICAL SUBDIVISION OR OWNS ASSESSED OR TAXABLE PROPERTY OR IS
26 LIABLE TO THE ASSESSMENT OR PAYMENT OF TAXES IN SUCH POLITICAL
27 SUBDIVISION. THIS SECTION SHALL NOT APPLY TO PEREMPTORY
28 CHALLENGES OF SUCH PERSONS.
29 § 5103. TRANSFER OF ERRONEOUSLY FILED MATTERS.
30 (A) GENERAL RULE.--IF AN APPEAL OR OTHER MATTER IS TAKEN TO
19810H1804B3748 - 32 -
1 OR BROUGHT IN A COURT OR MAGISTERIAL DISTRICT OF THIS
2 COMMONWEALTH WHICH DOES NOT HAVE JURISDICTION OF THE APPEAL OR
3 OTHER MATTER, THE COURT OR DISTRICT JUSTICE SHALL NOT QUASH SUCH
4 APPEAL OR DISMISS THE MATTER, BUT SHALL TRANSFER THE RECORD
5 THEREOF TO THE PROPER [COURT OR MAGISTERIAL DISTRICT] TRIBUNAL
6 OF THIS COMMONWEALTH, WHERE THE APPEAL OR OTHER MATTER SHALL BE
7 TREATED AS IF ORIGINALLY FILED IN THE TRANSFEREE [COURT OR
8 MAGISTERIAL DISTRICT] TRIBUNAL ON THE DATE WHEN THE APPEAL OR
9 OTHER MATTER WAS FIRST FILED IN A COURT OR MAGISTERIAL DISTRICT
10 OF THIS COMMONWEALTH. A MATTER WHICH IS WITHIN THE EXCLUSIVE
11 JURISDICTION OF A COURT OR DISTRICT JUSTICE OF THIS COMMONWEALTH
12 BUT WHICH IS COMMENCED IN ANY OTHER TRIBUNAL OF THIS
13 COMMONWEALTH SHALL BE TRANSFERRED BY THE OTHER TRIBUNAL TO THE
14 PROPER COURT OR MAGISTERIAL DISTRICT OF THIS COMMONWEALTH WHERE
15 IT SHALL BE TREATED AS IF ORIGINALLY FILED IN THE TRANSFEREE
16 COURT OR MAGISTERIAL DISTRICT OF THIS COMMONWEALTH ON THE DATE
17 WHEN FIRST FILED IN THE OTHER TRIBUNAL.
18 (B) FEDERAL CASES.--
19 (1) SUBSECTION (A) SHALL ALSO APPLY TO ANY MATTER
20 TRANSFERRED OR REMANDED BY ANY UNITED STATES COURT FOR A
21 DISTRICT EMBRACING ANY PART OF THIS COMMONWEALTH. IN ORDER TO
22 PRESERVE A CLAIM UNDER CHAPTER 55 (RELATING TO LIMITATION OF
23 TIME) A LITIGANT WHO TIMELY COMMENCES AN ACTION OR PROCEEDING
24 IN ANY UNITED STATES COURT FOR A DISTRICT EMBRACING ANY PART
25 OF THIS COMMONWEALTH IS NOT REQUIRED TO COMMENCE A PROTECTIVE
26 ACTION IN A COURT OR BEFORE A DISTRICT JUSTICE OF THIS
27 COMMONWEALTH. WHERE A MATTER IS FILED IN ANY UNITED STATES
28 COURT FOR A DISTRICT EMBRACING ANY PART OF THIS COMMONWEALTH
29 AND THE MATTER IS DISMISSED BY THE UNITED STATES COURT FOR
30 LACK OF JURISDICTION, ANY LITIGANT IN THE MATTER FILED MAY
19810H1804B3748 - 33 -
1 TRANSFER THE MATTER TO A COURT OR MAGISTERIAL DISTRICT OF
2 THIS COMMONWEALTH BY COMPLYING WITH THE TRANSFER PROVISIONS
3 SET FORTH IN PARAGRAPH (2).
4 (2) EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL RULES, OR
5 BY ORDER OF THE UNITED STATES COURT, SUCH TRANSFER MAY BE
6 EFFECTED BY FILING A CERTIFIED TRANSCRIPT OF THE FINAL
7 JUDGMENT OF THE UNITED STATES COURT AND THE RELATED PLEADINGS
8 IN A COURT OR MAGISTERIAL DISTRICT OF THIS COMMONWEALTH. THE
9 PLEADINGS SHALL HAVE THE SAME EFFECT AS UNDER THE PRACTICE IN
10 THE UNITED STATES COURT, BUT THE TRANSFEREE COURT OR DISTRICT
11 JUSTICE MAY REQUIRE THAT THEY BE AMENDED TO CONFORM TO THE
12 PRACTICE IN THIS COMMONWEALTH. SECTION 5535(A)(2)(I)
13 (RELATING TO TERMINATION OF PRIOR MATTER) SHALL NOT BE
14 APPLICABLE TO A MATTER TRANSFERRED UNDER THIS SUBSECTION.
15 (C) INTERDIVISIONAL TRANSFERS.--IF AN APPEAL OR OTHER MATTER
16 IS TAKEN TO, BROUGHT IN, OR TRANSFERRED TO A DIVISION OF A COURT
17 TO WHICH SUCH MATTER IS NOT ALLOCATED BY LAW, THE COURT SHALL
18 NOT QUASH SUCH APPEAL OR DISMISS THE MATTER, BUT SHALL TRANSFER
19 THE RECORD THEREOF TO THE PROPER DIVISION OF THE COURT, WHERE
20 THE APPEAL OR OTHER MATTER SHALL BE TREATED AS IF ORIGINALLY
21 FILED IN THE TRANSFEREE DIVISION ON THE DATE FIRST FILED IN A
22 COURT OR MAGISTERIAL DISTRICT.
23 (D) DEFINITION.--AS USED IN THIS SECTION "TRIBUNAL" MEANS A
24 COURT OR DISTRICT JUSTICE OR OTHER JUDICIAL OFFICER OF THIS
25 COMMONWEALTH VESTED WITH THE POWER TO ENTER AN ORDER IN A
26 MATTER, THE BOARD OF CLAIMS, THE BOARD OF PROPERTY, THE OFFICE
27 OF ADMINISTRATOR FOR ARBITRATION PANELS FOR HEALTH CARE AND ANY
28 OTHER SIMILAR AGENCY.
29 § 5105. RIGHT TO APPELLATE REVIEW.
30 * * *
19810H1804B3748 - 34 -
1 (F) EFFECT OF REVERSAL OR MODIFICATION.--THE REVERSAL OR
2 MODIFICATION OF ANY ORDER OF A COURT OR ANY DETERMINATION OF ANY
3 OTHER GOVERNMENT UNIT IN A MATTER IN WHICH THE COURT OR
4 GOVERNMENT UNIT HAS JURISDICTION OF THE SALE, MORTGAGE, EXCHANGE
5 OR CONVEYANCE OF REAL OR PERSONAL PROPERTY SHALL NOT IMPAIR OR
6 DIVEST ANY ESTATE OR INTEREST ACQUIRED THEREUNDER BY A PERSON
7 NOT A PARTY TO THE APPEAL.
8 § 5304. DOCUMENTS.
9 THE TRIBUNALS OF THIS COMMONWEALTH SHALL HAVE JURISDICTION
10 OVER DOCUMENTS [WHICH ARE] SITUATED WITHIN THIS COMMONWEALTH
11 WHETHER OR NOT THE PERSONS OWNING OR CLAIMING INTERESTS THEREIN
12 ARE SUBJECT TO THE JURISDICTION OF THE TRIBUNALS OF THIS
13 COMMONWEALTH.
14 § 5501. SCOPE OF CHAPTER.
15 (A) GENERAL RULE.--AN ACTION, PROCEEDING OR APPEAL MUST BE
16 COMMENCED WITHIN THE TIME SPECIFIED IN OR PURSUANT TO THIS
17 CHAPTER UNLESS, IN THE CASE OF [AN] A CIVIL ACTION OR
18 PROCEEDING, A DIFFERENT TIME IS PROVIDED BY THIS TITLE OR
19 ANOTHER STATUTE OR[, IN THE CASE OF A CIVIL ACTION OR
20 PROCEEDING,] A SHORTER TIME WHICH IS NOT MANIFESTLY UNREASONABLE
21 IS PRESCRIBED BY WRITTEN AGREEMENT.
22 * * *
23 § 5522. SIX MONTHS LIMITATION.
24 (A) NOTICE PREREQUISITE TO ACTION AGAINST GOVERNMENT UNIT.--
25 * * *
26 (2) IF THE STATEMENT PROVIDED FOR BY THIS SUBSECTION IS
27 NOT FILED, ANY CIVIL ACTION OR PROCEEDING COMMENCED AGAINST
28 THE GOVERNMENT UNIT MORE THAN SIX MONTHS AFTER THE DATE OF
29 INJURY TO PERSON OR PROPERTY SHALL BE DISMISSED AND THE
30 PERSON TO WHOM ANY SUCH CAUSE OF ACTION ACCRUED FOR ANY
19810H1804B3748 - 35 -
1 [PERSONAL] INJURY TO PERSON OR PROPERTY SHALL BE FOREVER
2 BARRED FROM PROCEEDING FURTHER THEREON WITHIN THIS
3 COMMONWEALTH OR ELSEWHERE. THE COURT SHALL EXCUSE
4 [NONCOMPLIANCE] FAILURE TO COMPLY WITH THIS REQUIREMENT UPON
5 A SHOWING OF REASONABLE EXCUSE FOR FAILURE TO FILE SUCH
6 STATEMENT.
7 * * *
8 (B) COMMENCEMENT OF ACTION REQUIRED.--THE FOLLOWING ACTIONS
9 AND PROCEEDINGS MUST BE COMMENCED WITHIN SIX MONTHS:
10 (1) AN ACTION AGAINST ANY OFFICER OF ANY GOVERNMENT UNIT
11 FOR ANYTHING DONE IN THE EXECUTION OF HIS OFFICE, EXCEPT AN
12 ACTION SUBJECT TO ANOTHER LIMITATION SPECIFIED IN THIS
13 SUBCHAPTER.
14 (2) A PETITION FOR THE ESTABLISHMENT OF A DEFICIENCY
15 JUDGMENT FOLLOWING SALE OF THE COLLATERAL OF THE DEBTOR UNDER
16 THE PROVISIONS OF SECTION 8103 (RELATING TO DEFICIENCY
17 JUDGMENTS).
18 (3) ANY ACTION SUBJECT TO 13 PA.C.S. § 6111 (RELATING TO
19 LIMITATION OF ACTIONS AND LEVIES).
20 (4) AN ACTION UNDER SECTION [4563.1(C)] 4563(C)
21 (RELATING TO CIVIL [LIABILITY] REMEDY AVAILABLE).
22 (5) AN ACTION OR PROCEEDING TO SET ASIDE A JUDICIAL SALE
23 OF PROPERTY.
24 § 5523. ONE YEAR LIMITATION.
25 THE FOLLOWING ACTIONS AND PROCEEDINGS MUST BE COMMENCED
26 WITHIN ONE YEAR:
27 (1) AN ACTION FOR LIBEL, SLANDER OR INVASION OF PRIVACY.
28 (2) [AN ACTION UPON A STATUTE FOR A CIVIL PENALTY OR
29 FORFEITURE, WHERE THE ACTION IS GIVEN TO A PERSON OTHER THAN
30 A GOVERNMENT UNIT.
19810H1804B3748 - 36 -
1 (3)] AN ACTION UPON A BOND GIVEN AS SECURITY BY A PARTY
2 IN ANY MATTER, EXCEPT A BOND GIVEN BY A CONDEMNOR IN AN
3 EMINENT DOMAIN PROCEEDING.
4 [(4)] (3) AN ACTION UPON ANY PAYMENT OR PERFORMANCE
5 BOND.
6 § 5524. TWO YEAR LIMITATION.
7 THE FOLLOWING ACTIONS AND PROCEEDINGS MUST BE COMMENCED
8 WITHIN TWO YEARS:
9 (1) AN ACTION FOR ASSAULT, BATTERY, FALSE IMPRISONMENT,
10 FALSE ARREST, MALICIOUS PROSECUTION OR MALICIOUS ABUSE OF
11 PROCESS.
12 (2) AN ACTION TO RECOVER DAMAGES FOR INJURIES TO THE
13 PERSON OR FOR THE DEATH OF AN INDIVIDUAL CAUSED BY THE
14 WRONGFUL ACT OR NEGLECT OR UNLAWFUL VIOLENCE OR NEGLIGENCE OF
15 ANOTHER.
16 (3) AN ACTION FOR TAKING, DETAINING OR INJURING PERSONAL
17 PROPERTY, INCLUDING ACTIONS FOR SPECIFIC RECOVERY THEREOF.
18 (4) AN ACTION FOR WASTE OR TRESPASS OF REAL PROPERTY.
19 (5) AN ACTION UPON A STATUTE FOR A CIVIL PENALTY OR
20 FORFEITURE[, WHERE THE ACTION IS GIVEN TO A GOVERNMENT UNIT].
21 (6) AN ACTION AGAINST ANY OFFICER OF ANY GOVERNMENT UNIT
22 FOR THE NONPAYMENT OF MONEY OR THE NONDELIVERY OF PROPERTY
23 COLLECTED UPON ON EXECUTION OR OTHERWISE IN HIS POSSESSION.
24 (7) ANY OTHER ACTION OR PROCEEDING TO RECOVER DAMAGES
25 FOR INJURY TO PERSON OR PROPERTY WHICH IS FOUNDED ON
26 NEGLIGENT, INTENTIONAL, OR OTHERWISE TORTIOUS CONDUCT OR ANY
27 OTHER ACTION OR PROCEEDING SOUNDING IN TRESPASS, INCLUDING
28 DECEIT OR FRAUD, EXCEPT AN ACTION OR PROCEEDING SUBJECT TO
29 ANOTHER LIMITATION SPECIFIED IN THIS SUBCHAPTER.
30 § 5525. FOUR YEAR LIMITATION.
19810H1804B3748 - 37 -
1 THE FOLLOWING ACTIONS AND PROCEEDINGS MUST BE COMMENCED
2 WITHIN FOUR YEARS:
3 * * *
4 (5) AN ACTION UPON A JUDGMENT OR DECREE OF ANY COURT OF
5 THE UNITED STATES OR OF ANY STATE.
6 (6) AN ACTION UPON ANY OFFICIAL BOND OF A PUBLIC
7 OFFICIAL, OFFICER OR EMPLOYEE.
8 (7) AN ACTION UPON A NEGOTIABLE OR NONNEGOTIABLE BOND,
9 NOTE OR OTHER SIMILAR INSTRUMENT IN WRITING. WHERE SUCH AN
10 INSTRUMENT IS PAYABLE UPON DEMAND, THE TIME WITHIN WHICH AN
11 ACTION ON IT MUST BE COMMENCED SHALL BE COMPUTED FROM THE
12 LATER OF EITHER DEMAND OR ANY PAYMENT OF PRINCIPAL OF OR
13 INTEREST ON THE INSTRUMENT.
14 (8) AN ACTION UPON A CONTRACT, OBLIGATION OR LIABILITY
15 FOUNDED UPON A WRITING NOT SPECIFIED IN PARAGRAPH (7), UNDER
16 SEAL OR OTHERWISE, EXCEPT AN ACTION SUBJECT TO ANOTHER
17 LIMITATION SPECIFIED IN THIS SUBCHAPTER.
18 § 5526. FIVE YEAR LIMITATION.
19 THE FOLLOWING ACTIONS AND PROCEEDINGS MUST BE COMMENCED
20 WITHIN FIVE YEARS:
21 * * *
22 (4) A PROCEEDING IN INVERSE CONDEMNATION, IF PROPERTY
23 HAS BEEN INJURED BUT NO PART THEREOF HAS BEEN TAKEN, OR IF
24 THE CONDEMNOR HAS MADE PAYMENT IN ACCORDANCE WITH SECTION
25 407(A) OR (B) (RELATING TO POSSESSION AND PAYMENT OF
26 COMPENSATION) OF THE ACT OF JUNE 22, 1964 (SP.SESS., P.L.84,
27 NO.6), KNOWN AS THE "EMINENT DOMAIN CODE."
28 § 5527. SIX YEAR LIMITATION.
29 [THE FOLLOWING ACTIONS AND PROCEEDINGS MUST BE COMMENCED
30 WITHIN SIX YEARS:
19810H1804B3748 - 38 -
1 (1) AN ACTION UPON A JUDGMENT OR DECREE OF ANY COURT OF
2 THE UNITED STATES OR OF ANY STATE.
3 (2) AN ACTION UPON A CONTRACT, OBLIGATION OR LIABILITY
4 FOUNDED UPON A BOND, NOTE OR OTHER INSTRUMENT IN WRITING,
5 EXCEPT AN ACTION SUBJECT TO ANOTHER LIMITATION SPECIFIED IN
6 THIS SUBCHAPTER. WHERE AN INSTRUMENT IS PAYABLE UPON DEMAND,
7 THE TIME WITHIN WHICH AN ACTION OR PROCEEDING ON IT MUST BE
8 COMMENCED SHALL BE COMPUTED FROM THE LATER OF EITHER DEMAND
9 OR ANY PAYMENT OF PRINCIPAL OF OR INTEREST ON THE INSTRUMENT.
10 (3) AN ACTION UPON ANY OFFICIAL BOND.
11 (4) A PROCEEDING IN INVERSE CONDEMNATION, IF PROPERTY
12 HAS BEEN INJURED BUT NO PART THEREOF HAS BEEN TAKEN, OR IF
13 THE CONDEMNOR HAS MADE PAYMENT IN ACCORDANCE WITH SECTION
14 407(A) OR (B) (RELATING TO POSSESSION AND PAYMENT OF
15 COMPENSATION) OF THE ACT OF JUNE 22, 1964 (SP.SESS., P.L.84,
16 NO.6), KNOWN AS THE "EMINENT DOMAIN CODE."
17 (5) AN ACTION TO SET ASIDE A JUDICIAL SALE OF PROPERTY.
18 (6)] ANY CIVIL ACTION OR PROCEEDING WHICH IS NEITHER
19 SUBJECT TO ANOTHER LIMITATION SPECIFIED IN THIS SUBCHAPTER
20 NOR EXCLUDED FROM THE APPLICATION OF A PERIOD OF LIMITATION
21 BY SECTION 5531 (RELATING TO NO LIMITATION) MUST BE COMMENCED
22 WITHIN SIX YEARS.
23 § 5529. TWENTY YEAR LIMITATION.
24 * * *
25 (B) INSTRUMENTS UNDER SEAL.--
26 (1) NOTWITHSTANDING SECTION [5527] 5525(7) (RELATING TO
27 [SIX] FOUR YEAR LIMITATION), AN ACTION [OR PROCEEDING] UPON
28 AN INSTRUMENT IN WRITING UNDER SEAL MUST BE COMMENCED WITHIN
29 20 YEARS.
30 (2) THIS SUBSECTION SHALL EXPIRE JUNE 27, 1998.
19810H1804B3748 - 39 -
1 § 5552. OTHER OFFENSES.
2 * * *
3 (B) MAJOR OFFENSES.--A PROSECUTION FOR ANY OF THE FOLLOWING
4 OFFENSES [UNDER TITLE 18 (RELATING TO CRIMES AND OFFENSES)] MUST
5 BE COMMENCED WITHIN FIVE YEARS AFTER IT IS COMMITTED:
6 (1) UNDER THE FOLLOWING PROVISIONS OF TITLE 18 (RELATING
7 TO CRIMES AND OFFENSES):
8 * * *
9 (4) UNDER THE ACT OF JUNE 13, 1967 (P.L.31, NO.21),
10 KNOWN AS THE "PUBLIC WELFARE CODE."
11 * * *
12 § 5946. COMPETENCY OF CERTAIN WITNESSES [AND JURORS] WHERE
13 POLITICAL SUBDIVISION IS A PARTY.
14 [NO] A PERSON SHALL NOT BE EXCLUDED FROM BEING A WITNESS [OR
15 JUROR] IN ANY ACTION OR PROCEEDING IN WHICH A POLITICAL
16 SUBDIVISION IS A PARTY OR IS INTERESTED [BY REASON OF] BECAUSE
17 SUCH PERSON [BEING OR HAVING BEEN] IS OR WAS AN OFFICER, RATED
18 CITIZEN OR INHABITANT IN SUCH POLITICAL SUBDIVISION[,] OR
19 [OWNING] OWNS ASSESSED OR TAXABLE PROPERTY[,] OR [BEING] IS
20 LIABLE TO THE ASSESSMENT OR PAYMENT OF [ANY TAX THEREIN] TAXES
21 IN SUCH POLITICAL SUBDIVISION.
22 § 5974. SUMMONING PRISONER IN THIS COMMONWEALTH TO TESTIFY IN
23 ANOTHER STATE.
24 (A) CERTIFICATION.--A JUDGE OF A STATE COURT OF RECORD IN
25 ANOTHER STATE, WHICH BY ITS LAWS HAS MADE PROVISION FOR
26 COMMANDING PERSONS CONFINED IN PENAL INSTITUTIONS WITHIN THAT
27 STATE TO ATTEND AND TESTIFY IN THIS COMMONWEALTH, MAY CERTIFY:
28 (1) THAT THERE IS A CRIMINAL PROCEEDING OR INVESTIGATION
29 BY A GRAND JURY OR A CRIMINAL ACTION PENDING IN THE COURT;
30 (2) THAT A PERSON WHO IS CONFINED IN A PENAL INSTITUTION
19810H1804B3748 - 40 -
1 IN THIS COMMONWEALTH MAY BE A MATERIAL WITNESS IN THE
2 PROCEEDING, INVESTIGATION OR ACTION; AND
3 (3) THAT HIS PRESENCE WILL BE REQUIRED DURING A
4 SPECIFIED TIME.
5 (B) HEARING.--UPON PRESENTATION OF THE CERTIFICATE TO ANY
6 COURT HAVING JURISDICTION OVER THE PERSON CONFINED AND UPON
7 NOTICE TO THE [DEPARTMENT OF JUSTICE] BUREAU OF CORRECTION, THE
8 COURT IN THIS COMMONWEALTH SHALL FIX A TIME AND PLACE FOR A
9 HEARING AND SHALL MAKE AN ORDER, DIRECTED TO THE PERSON HAVING
10 CUSTODY OF THE PRISONER, REQUIRING THAT THE PRISONER BE PRODUCED
11 BEFORE IT AT THE HEARING.
12 § 6106. CERTIFIED EXEMPLIFICATIONS OF RECORDS.
13 WHENEVER PROVISION IS MADE BY LAW FOR RECORDING OR FILING IN
14 A PUBLIC OFFICE ANY DOCUMENT, THE RECORD THEREOF MADE, AND
15 EXEMPLIFICATIONS OF THE DOCUMENT LAWFULLY CERTIFIED, SHALL BE
16 LEGAL EVIDENCE IN ALL MATTERS IN WHICH THE DOCUMENT WOULD BE
17 COMPETENT [TESTIMONY] EVIDENCE.
18 § 6143. REGISTRATION NUMBER AS EVIDENCE OF OPERATION OF
19 VEHICLE.
20 (A) GENERAL RULE.--IN ANY ACTION OR PROCEEDING FOR THE
21 RECOVERY OF A CIVIL PENALTY FOR AN INFRACTION OF THE PROVISIONS
22 OF ANY LAW RELATING TO THE OWNERSHIP OR OPERATION OF ANY
23 CONVEYANCE BY AIR, LAND OR WATER OR ANY GAME OR FISH LAW OR ANY
24 LOCAL ORDINANCE, RULE OR REGULATION RELATING THERETO, THE
25 REGISTRATION NUMBER DISPLAYED ON A CONVEYANCE SHALL SUSTAIN AN
26 INFERENCE THAT THE PERSON TO WHOM THE REGISTRATION NUMBER WAS
27 OFFICIALLY ASSIGNED IS THE OWNER OF THE CONVEYANCE AND WAS THEN
28 OPERATING THE CONVEYANCE.
29 * * *
30 § 6701. SCOPE OF SUBCHAPTER.
19810H1804B3748 - 41 -
1 [THE] ACTIONS OR PROCEEDINGS PROVIDED BY THIS SUBCHAPTER ARE
2 IN ADDITION TO AND NOT IN SUBSTITUTION OF ACTIONS OR PROCEEDINGS
3 PROVIDED BY [LAW] UNSUSPENDED STATUTES WHERE THERE IS DESERTION
4 OR A FAILURE [OF] TO PERFORM A DUTY TO SUPPORT.
5 § 6702. DEFINITIONS.
6 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
7 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
8 MEANINGS GIVEN TO THEM IN THIS SECTION:
9 "COMPLAINT." [INCLUDES ANY PETITION, INFORMATION, AFFIDAVIT
10 OR ANY OTHER] THE LEGAL DOCUMENT PRESCRIBED BY GENERAL RULES FOR
11 THE COMMENCEMENT OF SUPPORT ACTIONS OR PROCEEDINGS.
12 "DUTY OF SUPPORT." INCLUDES ANY DUTY OF SUPPORT IMPOSED OR
13 IMPOSABLE BY LAW OR BY ANY COURT ORDER, WHETHER INTERLOCUTORY OR
14 FINAL, WHETHER INCIDENTAL TO A PROCEEDING FOR DIVORCE, LEGAL
15 SEPARATION, SEPARATE MAINTENANCE, PROSECUTION FOR FAILURE TO
16 SUPPORT A CHILD BORN OUT OF LAWFUL WEDLOCK, SUPPORT OF A CHILD
17 BORN OUT OF LAWFUL WEDLOCK, OR OTHERWISE.
18 "INITIATING COUNTY." ANY COUNTY IN WHICH ANY ACTION OR
19 PROCEEDING PURSUANT TO THIS SUBCHAPTER IS COMMENCED.
20 "PROBATION OFFICER." INCLUDES ANY OFFICER NOW OR HEREAFTER
21 SERVING IN ANY COURT AT THE DIRECTION OF THE COURT IN THE
22 DOMESTIC RELATIONS SECTION OF THE COURT AND TO WHOM IS ASSIGNED
23 THE ENFORCEMENT OF THE DUTY TO SUPPORT.
24 "RESPONDING COUNTY." ANY COUNTY (INCLUDING THE INITIATING
25 COUNTY) IN WHICH ANY ACTION OR PROCEEDING PURSUANT TO THE
26 PROCEEDING IN THE INITIATING COUNTY IS OR MAY BE COMMENCED.
27 § 6704. COMMENCEMENT OF SUPPORT ACTIONS OR PROCEEDINGS.
28 (A) GENERAL RULE.--A SUPPORT ACTION OR PROCEEDING UNDER THIS
29 SUBCHAPTER SHALL BE COMMENCED [BY THE FILING OF A VERIFIED
30 COMPLAINT WHICH SHALL SET FORTH:
19810H1804B3748 - 42 -
1 (1) THE NAME AND ADDRESS OF THE COMPLAINANT.
2 (2) THE NAME AND ADDRESS OF THE DEFENDANT.
3 (3) THE DATE AND PLACE OF MARRIAGE IF MARRIED, OR IF
4 UNMARRIED THE DATE AND PLACE OF BIRTH OF EACH CHILD BORN OUT
5 OF LAWFUL WEDLOCK.
6 (4) THE NAMES AND AGES OF ANY CHILDREN.
7 (5) DATE AND CIRCUMSTANCES OF SEPARATION OR FAILURE TO
8 SUPPORT.
9 (6) EMPLOYMENT OF DEFENDANT AND EARNINGS.
10 (7) AMOUNT OF PUBLIC ASSISTANCE.
11 (8) AMOUNT OF SUPPORT ASKED.
12 THE COMPLAINT MAY CONTAIN ANY INFORMATION TO AID THE LOCATING OR
13 IDENTIFICATION OF A DEFENDANT INCLUDING, BUT WITHOUT LIMITATION,
14 BY ENUMERATION, A PHOTOGRAPH OF THE DEFENDANT, A DESCRIPTION OF
15 ANY DISTINGUISHING MARKS OF OR ON HIS PERSON, OTHER NAMES AND
16 ALIASES BY WHICH HE HAS BEEN OR IS KNOWN, HIS FINANCIAL STATUS,
17 FINGERPRINTS AND SOCIAL SECURITY NUMBER, AND ANY ORDER OF
18 SUPPORT IN ANY OTHER COURT.
19 (B) MOVING PARTY.--A COMPLAINT MAY BE FILED BY ANY PERSON,
20 INCLUDING A MINOR SPOUSE, TO WHOM A DUTY OF SUPPORT IS OWING. IT
21 SHALL BE FILED ON BEHALF OF A MINOR CHILD BY A PERSON HAVING
22 CUSTODY OF THE MINOR, WITHOUT APPOINTMENT AS GUARDIAN AD LITEM.
23 IT MAY BE FILED BY ANY PUBLIC BODY OR PUBLIC OR PRIVATE AGENCY
24 HAVING ANY INTEREST IN THE CARE, MAINTENANCE OR ASSISTANCE OF
25 ANY PERSON TO WHOM A DUTY OF SUPPORT IS OWING.
26 (C) ORDER FOR HEARING.--EVERY COMPLAINT SHALL BE ACCOMPANIED
27 BY AN ORDER DIRECTING THE DEFENDANT TO APPEAR FOR HEARING AT A
28 TIME AND PLACE AS SPECIFIED IN SUCH ORDER.
29 (D) SERVICE.--EVERY COMPLAINT AND ORDER MAY BE SERVED BY
30 REGISTERED OR CERTIFIED MAIL OR BY ANY ADULT PERSON OR BY ANY
19810H1804B3748 - 43 -
1 OTHER MANNER PROVIDED OR PRESCRIBED BY LAW.] IN THE MANNER
2 PRESCRIBED BY GENERAL RULES.
3 [(E)] (B) LIMITATION OF ACTIONS.--ALL ACTIONS OR PROCEEDINGS
4 TO ESTABLISH THE PATERNITY OF A CHILD BORN OUT OF WEDLOCK
5 BROUGHT UNDER THIS SECTION MUST BE COMMENCED WITHIN SIX YEARS OF
6 THE BIRTH OF THE CHILD, EXCEPT WHERE THE REPUTED FATHER SHALL
7 HAVE VOLUNTARILY CONTRIBUTED TO THE SUPPORT OF THE CHILD OR
8 SHALL HAVE ACKNOWLEDGED IN WRITING HIS PATERNITY, IN WHICH CASE
9 AN ACTION OR PROCEEDING MAY BE COMMENCED AT ANY TIME WITHIN TWO
10 YEARS OF ANY SUCH CONTRIBUTION OR ACKNOWLEDGEMENT BY THE REPUTED
11 FATHER.
12 [(F)] (C) CHARACTER OF ACTION.--AN ACTION OR PROCEEDING
13 BROUGHT UNDER THIS SUBCHAPTER SHALL BE A CIVIL ACTION GOVERNED
14 BY GENERAL RULES APPLICABLE TO CIVIL MATTERS.
15 [(G)] (D) TRIAL OF PATERNITY.--WHERE THE PATERNITY OF A
16 CHILD BORN OUT OF WEDLOCK IS DISPUTED, THE DETERMINATION OF
17 PATERNITY SHALL BE MADE BY THE COURT WITHOUT A JURY UNLESS
18 EITHER PARTY DEMANDS TRIAL BY JURY. THE TRIAL, WHETHER OR NOT A
19 TRIAL BY JURY IS DEMANDED, SHALL BE A CIVIL TRIAL AND THERE
20 SHALL BE NO RIGHT TO A CRIMINAL TRIAL ON THE ISSUE OF PATERNITY.
21 THE BURDEN OF PROOF SHALL BE BY A PREPONDERANCE OF THE EVIDENCE.
22 § 6705. FAILURE OF DEFENDANT TO APPEAR.
23 (A) GENERAL RULE.--A DEFENDANT WHO WILLFULLY FAILS OR
24 REFUSES TO APPEAR IN RESPONSE TO A DULY SERVED ORDER OR OTHER
25 PROCESS UNDER THIS SUBCHAPTER MAY[, AFTER HEARING], AS
26 PRESCRIBED BY GENERAL RULE, BE ADJUDGED IN CONTEMPT AND
27 COMMITTED TO [PRISON] JAIL BY THE COURT FOR NOT EXCEEDING SIX
28 MONTHS.
29 (B) PHILADELPHIA CASES.--IN ANY COUNTY OF THE FIRST CLASS
30 THE DEFENDANT NAMED IN THE ORDER OR OTHER PROCESS SHALL BE
19810H1804B3748 - 44 -
1 BROUGHT BEFORE THE COURT FORTHWITH, BUT IN ANY EVENT WITHIN 48
2 HOURS OR TWO COURT WORKING DAYS, WHICHEVER IS THE LONGER, AFTER
3 THE DEFENDANT IS TAKEN INTO CUSTODY, FOR THE PURPOSE OF HEARING
4 ON THE ISSUE OF CONTEMPT OF THE ORDER OR OTHER PROCESS INVOLVED.
5 § 6706. [ORDER] PAYEE OF ORDER OF SUPPORT.
6 [(A) EFFECTIVE DATE.--AN ORDER OF SUPPORT MAY BE MADE
7 EFFECTIVE FROM THE DATE OF THE FILING OF THE COMPLAINT.
8 (B) PAYEE.--]AN ORDER OF SUPPORT OF ANY PERSON SHALL DIRECT
9 PAYMENT TO BE MADE PAYABLE TO OR PAYMENT TO BE MADE TO THE
10 DOMESTIC RELATIONS SECTION, FOR TRANSMISSION TO THE COMPLAINANT
11 OR FOR TRANSMISSION DIRECTLY TO A PUBLIC BODY OR PUBLIC OR
12 PRIVATE AGENCY, WHENEVER THE CARE, MAINTENANCE AND ASSISTANCE OF
13 SUCH PERSON IS PROVIDED FOR BY SUCH PUBLIC BODY OR PUBLIC OR
14 PRIVATE AGENCY.
15 § 6707. [SURETY] SECURITY FOR ATTENDANCE OR PERFORMANCE.
16 (A) GENERAL RULE.--AT ANY STAGE OF THE PROCEEDINGS UNDER
17 THIS SUBCHAPTER, UPON AFFIDAVIT FILED THAT THE DEFENDANT IS
18 ABOUT TO LEAVE THE COMMONWEALTH OR THE JUDICIAL DISTRICT THE
19 COURT MAY, AS PRESCRIBED BY GENERAL RULE, ISSUE APPROPRIATE
20 PROCESS [MAY BE ISSUED] DIRECTING THAT THE DEFENDANT BE BROUGHT
21 BEFORE THE COURT [AT SUCH TIME AS THE COURT MAY DIRECT, AT WHICH
22 TIME THE COURT MAY] AND MAY DIRECT THAT THE DEFENDANT GIVE
23 SECURITY[, BY ONE OR MORE SURETIES,] TO APPEAR WHEN DIRECTED BY
24 THE COURT OR TO COMPLY WITH ANY ORDER OF THE COURT.
25 (B) PHILADELPHIA CASES.--IN ANY COUNTY OF THE FIRST CLASS
26 THE HEARING SHALL BE FIXED AS PROVIDED IN SECTION 6705(B)
27 (RELATING TO PHILADELPHIA CASES).
28 § 6708. ENFORCEMENT OF SUPPORT ORDERS.
29 (A) GENERAL RULE.--A DEFENDANT WHO WILLFULLY FAILS TO COMPLY
30 WITH ANY ORDER UNDER THIS SUBCHAPTER, EXCEPT AN ORDER SUBJECT TO
19810H1804B3748 - 45 -
1 SECTION 6705 (RELATING TO FAILURE OF DEFENDANT TO APPEAR), MAY[,
2 AFTER HEARING], AS PRESCRIBED BY GENERAL RULE, BE ADJUDGED IN
3 CONTEMPT AND COMMITTED TO [PRISON] JAIL BY THE COURT.
4 (B) PHILADELPHIA CASES.--IN ANY COUNTY OF THE FIRST CLASS:
5 (1) THE HEARING SHALL BE FIXED AS PROVIDED IN SECTION
6 6705(B) (RELATING TO PHILADELPHIA CASES).
7 (2) THE COMMITMENT TO [PRISON] JAIL MAY NOT EXCEED SIX
8 MONTHS.
9 (3) THE ORDER SHALL STATE THE CONDITION WHICH UPON
10 FULFILLMENT WILL RESULT IN THE RELEASE OF THE DEFENDANT.
11 § 6709. PROCEDURE TO ATTACH WAGES, ETC.
12 THE WAGES, SALARY OR COMMISSIONS OF ANY PERSON OWING A DUTY
13 OF SUPPORT MAY BE ATTACHED IN THE [FOLLOWING] MANNER[:
14 (1) A CERTIFIED COPY OF THE ORDER OF SUPPORT SHALL BE
15 SERVED ON THE EMPLOYER, WHETHER A GOVERNMENT UNIT OR PRIVATE
16 PERSON, AND MAY BE SERVED BY REGISTERED OR CERTIFIED MAIL OR
17 BY ANY ADULT PERSON OR BY ANY OTHER MANNER PROVIDED OR
18 PRESCRIBED BY LAW.
19 (2) SUCH CERTIFIED COPY OF THE ORDER SHALL CONTAIN AN
20 ORDER DIRECTING THE EMPLOYER TO MAKE A FULL ANSWER, WITHIN
21 TEN DAYS AFTER SERVICES OF THE ORDER, OF THE AMOUNT OF WAGES,
22 SALARY OR COMMISSIONS OF THE DEFENDANT, AND FURTHER DIRECTING
23 THE EMPLOYER TO MAKE NO PAYMENT TO THE DEFENDANT OF OVER 50%
24 OF THE AMOUNT DUE TO HIM UNTIL FURTHER ORDER OF THE COURT.
25 (3) THE COURT SHALL DETERMINE THE AMOUNT OF THE WAGES,
26 SALARY OR COMMISSIONS WHICH SHALL BE REGULARLY PAID BY THE
27 EMPLOYER TO THE DOMESTIC RELATIONS SECTION AND SHALL SO
28 NOTIFY SAID EMPLOYER.
29 (4) THEREAFTER, IT SHALL BE THE DUTY OF THE EMPLOYER TO
30 PAY SUCH AMOUNT REGULARLY TO THE DOMESTIC RELATIONS SECTION,
19810H1804B3748 - 46 -
1 AND UPON FAILURE SO TO PAY SUCH EMPLOYER SHALL BE IN CONTEMPT
2 AND SUBJECT TO THE ORDER OF THE COURT AS OTHERWISE PROVIDED
3 IN THIS SUBCHAPTER WITH RESPECT TO PROCEEDINGS AGAINST THE
4 DEFENDANT.] PRESCRIBED BY GENERAL RULE. THE EMPLOYER MAY
5 DEDUCT FROM THE WAGES, SALARY OR COMMISSIONS OF THE DEFENDANT
6 2% OF THE AMOUNT PAID UNDER THE ORDER [FROM THE WAGES OF THE
7 DEFENDANT] FOR [CLERICAL WORK AND] REIMBURSEMENT OF EXPENSE
8 INVOLVED IN COMPLYING [THEREWITH] WITH THE ORDER.
9 [(5) SUCH ATTACHMENT SHALL CONTINUE UNTIL DISSOLVED BY
10 ORDER OF THE COURT.]
11 § 6712. DUTIES OF COURT IN INITIATING COUNTY.
12 IF THE COURT OF THE COUNTY ACTING AS AN INITIATING COUNTY
13 FINDS THAT THE COMPLAINT SETS FORTH FACTS FROM WHICH IT MAY BE
14 DETERMINED THAT THE DEFENDANT OWES A DUTY OF SUPPORT OR THE
15 DEFENDANT IS IN DEFAULT IN PAYMENT ON AN ORDER OF SUPPORT, AND
16 THAT JURISDICTION CANNOT BE OBTAINED OVER THE DEFENDANT OR HIS
17 PROPERTY AS PRESCRIBED BY GENERAL RULES OR THAT THERE HAS BEEN
18 AN ELECTION TO PROCEED UNDER THIS SECTION, AND THAT THE COURT OF
19 THE RESPONDING COUNTY MAY OBTAIN JURISDICTION OF THE DEFENDANT
20 OR HIS PROPERTY, IT SHALL SO CERTIFY TO THE RESPONDING COUNTY
21 AND SHALL CAUSE THREE COPIES OF THE COMPLAINT OR ORDER AND ITS
22 CERTIFICATION TO BE TRANSMITTED TO THE COURT IN THE RESPONDING
23 COUNTY.
24 § 7102. COMPARATIVE NEGLIGENCE.
25 * * *
26 (D) DEFINITIONS.--AS USED IN THIS SECTION THE FOLLOWING
27 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
28 SUBSECTION:
29 "DEFENDANT OR DEFENDANTS AGAINST WHOM RECOVERY IS SOUGHT."
30 INCLUDES IMPLEADED DEFENDANTS.
19810H1804B3748 - 47 -
1 "PLAINTIFF." INCLUDES COUNTERCLAIMANTS AND CROSS-CLAIMANTS.
2 § 7342. PROCEDURE.
3 (A) GENERAL RULE.--THE FOLLOWING PROVISIONS OF SUBCHAPTER A
4 (RELATING TO STATUTORY ARBITRATION) SHALL BE APPLICABLE TO
5 ARBITRATION CONDUCTED PURSUANT TO THIS SUBCHAPTER:
6 SECTION 7303 (RELATING TO VALIDITY OF AGREEMENT TO
7 ARBITRATE).
8 SECTION 7304 (RELATING TO COURT PROCEEDINGS TO COMPEL OR
9 STAY ARBITRATION).
10 SECTION 7305 (RELATING TO APPOINTMENT OF ARBITRATORS BY
11 COURT).
12 SECTION 7309 (RELATING TO WITNESSES, SUBPOENAS, OATHS AND
13 DEPOSITIONS).
14 SECTION 7317 (RELATING TO FORM AND SERVICE OF
15 APPLICATIONS TO COURT).
16 SECTION 7318 (RELATING TO COURT AND JURISDICTION).
17 SECTION 7319 (RELATING TO VENUE OF COURT PROCEEDINGS).
18 SECTION 7320 (RELATING TO APPEALS FROM COURT ORDERS),
19 EXCEPT SUBSECTION (A)(4).
20 (B) CONFIRMATION AND JUDGMENT.--ON APPLICATION OF A PARTY
21 MADE MORE THAN 30 DAYS AFTER AN AWARD IS MADE BY AN ARBITRATOR
22 UNDER SECTION 7341 (RELATING TO COMMON LAW ARBITRATION) THE
23 COURT SHALL ENTER AN ORDER CONFIRMING THE AWARD AND SHALL ENTER
24 A JUDGMENT OR DECREE IN CONFORMITY WITH THE ORDER. SECTION
25 7302(D)(2) (RELATING TO SPECIAL APPLICATION) SHALL NOT BE
26 APPLICABLE TO PROCEEDINGS UNDER THIS SUBCHAPTER.
27 CHAPTER 77
28 TRIAL
29 [(RESERVED)]
30 SEC.
19810H1804B3748 - 48 -
1 7701. PROCEDURES, MOTIONS AND OTHER MATTERS.
2 7702. COMMENCEMENT AND TERMINATION OF TRIAL.
3 § 7701. PROCEDURES, MOTIONS AND OTHER MATTERS.
4 ALL PROCEDURES, MOTIONS AND OTHER MATTERS RELATING TO THE
5 TRIAL, BY JURY OR OTHERWISE, OF ANY CIVIL ACTION OR PROCEEDING,
6 TRIAL DE NOVO AND RETURNS ON CERTIORARI FROM THE MINOR JUDICIARY
7 SHALL BE CONDUCTED IN THE MANNER, AT THE TIMES, ON THE TERMS AND
8 CONDITIONS AND IN THE FORM PRESCRIBED BY GENERAL RULES.
9 § 7702. COMMENCEMENT AND TERMINATION OF TRIAL.
10 THE TRIAL OF A CIVIL ACTION OR PROCEEDING SHALL BE DEEMED TO
11 COMMENCE AND TERMINATE AT THE TIMES OR ON THE OCCURRENCE OF
12 EVENTS PRESCRIBED BY GENERAL RULES.
13 CHAPTER 79
14 POST-TRIAL MATTERS
15 [(RESERVED)]
16 SEC.
17 7901. PROCEDURES, MOTIONS AND OTHER MATTERS.
18 § 7901. PROCEDURES, MOTIONS AND OTHER MATTERS.
19 ALL POST-TRIAL PROCEDURES, MOTIONS AND OTHER MATTERS RELATING
20 TO ANY CIVIL ACTION OR PROCEEDING, TRIAL DE NOVO AND RETURNS ON
21 CERTIORARI FROM THE MINOR JUDICIARY SHALL BE CONDUCTED IN THE
22 MANNER, AT THE TIMES, ON THE TERMS AND CONDITIONS AND IN THE
23 FORM PRESCRIBED BY GENERAL RULES.
24 § 8123. GENERAL MONETARY EXEMPTION.
25 (A) GENERAL RULE.--IN ADDITION TO ANY OTHER PROPERTY
26 SPECIFICALLY EXEMPTED BY THIS SUBCHAPTER, PROPERTY OF THE
27 JUDGMENT DEBTOR [TO THE VALUE OF $300,] (INCLUDING BANK NOTES,
28 MONEY, SECURITIES, REAL PROPERTY, JUDGMENTS OR OTHER
29 INDEBTEDNESS DUE THE JUDGMENT DEBTOR[,]) TO THE VALUE OF $300
30 SHALL BE EXEMPT FROM ATTACHMENT OR EXECUTION ON A JUDGMENT.
19810H1804B3748 - 49 -
1 WITHIN SUCH TIME AS MAY BE PRESCRIBED BY GENERAL RULES THE
2 JUDGMENT DEBTOR MAY CLAIM THE EXEMPTION IN KIND AND MAY
3 DESIGNATE THE SPECIFIC ITEMS OF PROPERTY TO WHICH THE EXEMPTION
4 PROVIDED BY THIS SECTION SHALL BE APPLICABLE[,] UNLESS THE
5 DESIGNATED PROPERTY IS NOT CAPABLE OF APPROPRIATE DIVISION, OR
6 THE JUDGMENT DEBTOR MAY CLAIM THE EXEMPTION IN CASH OUT OF THE
7 PROCEEDS OF THE SALE.
8 * * *
9 (C) [REDUCTION.--THE] EXECUTIONS ISSUED BY MINOR
10 JUDICIARY.--AS TO EXECUTIONS ISSUED BY THE MINOR JUDICIARY THE
11 AMOUNT OF THE EXEMPTION SPECIFIED IN SUBSECTION (A) SHALL[, AS
12 TO EXECUTIONS ISSUED BY THE MINOR JUDICIARY,] BE REDUCED BY THE
13 VALUE OF ANY REAL OR PERSONAL PROPERTY OF THE JUDGMENT DEBTOR
14 WHICH IS GENERALLY SUBJECT TO ATTACHMENT OR [LEVY AND SALE UPON]
15 EXECUTION BUT WHICH BY LAW IS NOT SUBJECT [THERETO UPON] TO
16 ATTACHMENTS OR EXECUTIONS ISSUED BY THE MINOR JUDICIARY.
17 § 8124. EXEMPTION OF PARTICULAR PROPERTY.
18 * * *
19 (C) INSURANCE PROCEEDS.--THE FOLLOWING PROPERTY OR OTHER
20 RIGHTS OF THE JUDGMENT DEBTOR SHALL BE EXEMPT FROM ATTACHMENT OR
21 EXECUTION ON A JUDGMENT:
22 * * *
23 (9) CERTAIN AMOUNTS PAID, PROVIDED OR RENDERED UNDER THE
24 PROVISIONS OF SECTION 106(F) OF THE ACT OF JULY 19, 1974
25 (P.L.489, NO.176), KNOWN AS THE "PENNSYLVANIA NO-FAULT MOTOR
26 VEHICLE INSURANCE ACT."
27 (10) CERTAIN AMOUNTS PAID, PROVIDED OR RENDERED UNDER
28 THE PROVISIONS OF SECTION 703 OF THE ACT OF DECEMBER 5, 1936
29 (2ND SP.SESS., 1937 P.L.2897, NO.1), KNOWN AS THE
30 "UNEMPLOYMENT COMPENSATION LAW."
19810H1804B3748 - 50 -
1 § 8127. PERSONAL EARNINGS EXEMPT FROM PROCESS.
2 [(A) GENERAL RULE.--]THE WAGES, SALARIES AND COMMISSIONS OF
3 INDIVIDUALS SHALL WHILE IN THE HANDS OF THE EMPLOYER BE EXEMPT
4 FROM ANY ATTACHMENT, EXECUTION OR OTHER PROCESS EXCEPT UPON AN
5 ACTION OR PROCEEDING [FOR SUPPORT OR FOR BOARD FOR FOUR WEEKS OR
6 LESS.
7 (B) TRANSFER OF CLAIM TO AVOID POLICY OF THE COMMONWEALTH.--
8 IT SHALL BE UNLAWFUL FOR ANY CREDITOR OR OBLIGEE TO COMMENCE AN
9 ACTION ON OR TO TRANSFER ANY CLAIM AGAINST A RESIDENT OF THIS
10 COMMONWEALTH FOR THE PURPOSE OF HAVING SUCH CLAIM COLLECTED BY
11 PROCEEDINGS IN A FORUM WHICH ACCORDS SUCH RESIDENT LESS
12 FAVORABLE EXEMPTIONS FROM ATTACHMENT OR EXECUTION THAN ARE
13 ACCORDED BY THIS COMMONWEALTH, OR FOR THE PURPOSE OF DEPRIVING
14 SUCH RESIDENT OF THE RIGHT TO HAVE HIS PERSONAL EARNINGS WHILE
15 IN THE HANDS OF HIS EMPLOYER EXEMPT FROM APPLICATION TO THE
16 PAYMENT OF HIS DEBTS.
17 (C) REMEDY.--IN ADDITION TO REMEDY BY INJUNCTION OR
18 OTHERWISE, A RESIDENT OF THIS COMMONWEALTH WHO IS AGGRIEVED BY
19 ANY ACTION BY A CREDITOR OR OBLIGEE IN VIOLATION OF SUBSECTION
20 (B) SHALL HAVE A RIGHT OF ACTION AGAINST THE CREDITOR OR OBLIGEE
21 FOR TREBLE THE AMOUNT RECOVERED FROM SUCH RESIDENT IN VIOLATION
22 OF THIS SECTION AND REASONABLE COUNSEL FEES. THE TRANSFER OF ANY
23 CLAIM AGAINST THE RESIDENT AND THE COMMENCEMENT OF ANY ACTION
24 THEREON OUTSIDE THIS COMMONWEALTH SHALL BE PRIMA FACIE EVIDENCE
25 OF A PURPOSE TO VIOLATE THE PROVISIONS OF SUBSECTION (B).]:
26 (1) FOR SUPPORT.
27 (2) FOR BOARD FOR FOUR WEEKS OR LESS.
28 (3) UNDER THE ACT OF AUGUST 7, 1963 (P.L.549, NO.290),
29 REFERRED TO AS THE PENNSYLVANIA HIGHER EDUCATION ASSISTANCE
30 AGENCY ACT.
19810H1804B3748 - 51 -
1 § 8128. TRANSFER OF CLAIM TO AVOID POLICY OF COMMONWEALTH.
2 (A) GENERAL RULE.--IT SHALL BE UNLAWFUL FOR ANY CREDITOR OR
3 OBLIGEE TO COMMENCE AN ACTION ON OR TO TRANSFER ANY CLAIM
4 AGAINST A RESIDENT OF THIS COMMONWEALTH FOR THE PURPOSE OF
5 HAVING SUCH CLAIM COLLECTED BY PROCEEDINGS IN A FORUM WHICH
6 ACCORDS SUCH RESIDENT LESS FAVORABLE EXEMPTIONS FROM ATTACHMENT
7 OR EXECUTION THAN ARE ACCORDED BY THIS COMMONWEALTH, OR FOR THE
8 PURPOSE OF DEPRIVING SUCH RESIDENT OF THE RIGHT TO HAVE HIS
9 PERSONAL EARNINGS WHILE IN THE HANDS OF HIS EMPLOYER EXEMPT FROM
10 APPLICATION TO THE PAYMENT OF HIS DEBTS.
11 (B) REMEDY.--IN ADDITION TO REMEDY BY INJUNCTION OR
12 OTHERWISE, A RESIDENT OF THIS COMMONWEALTH WHO IS AGGRIEVED BY
13 ANY ACTION BY A CREDITOR OR OBLIGEE IN VIOLATION OF SUBSECTION
14 (A) SHALL HAVE A RIGHT OF ACTION AGAINST THE CREDITOR OR OBLIGEE
15 FOR TREBLE THE AMOUNT RECOVERED FROM SUCH RESIDENT IN VIOLATION
16 OF THIS SECTION AND REASONABLE COUNSEL FEES. THE TRANSFER OF ANY
17 CLAIM AGAINST THE RESIDENT AND THE COMMENCEMENT OF ANY ACTION
18 THEREON OUTSIDE THIS COMMONWEALTH SHALL BE PRIMA FACIE EVIDENCE
19 OF A PURPOSE TO VIOLATE THE PROVISIONS OF SUBSECTION (A).
20 § 8301. DEATH ACTION.
21 (A) GENERAL RULE.--AN ACTION MAY BE BROUGHT, UNDER
22 PROCEDURES PRESCRIBED BY GENERAL RULES, TO RECOVER DAMAGES FOR
23 THE DEATH OF AN INDIVIDUAL CAUSED BY THE WRONGFUL ACT OR NEGLECT
24 OR UNLAWFUL VIOLENCE OR NEGLIGENCE OF ANOTHER IF NO ACTION FOR
25 DAMAGES WAS BROUGHT BY THE INJURED INDIVIDUAL DURING HIS
26 LIFETIME.
27 * * *
28 (C) SPECIAL DAMAGES.--[THE PLAINTIFF IN] IN AN ACTION
29 BROUGHT UNDER SUBSECTION (A) THE PLAINTIFF SHALL BE ENTITLED TO
30 RECOVER, IN ADDITION TO OTHER DAMAGES, DAMAGES FOR REASONABLE
19810H1804B3748 - 52 -
1 HOSPITAL, NURSING, MEDICAL, FUNERAL EXPENSES AND EXPENSES OF
2 ADMINISTRATION NECESSITATED BY REASON OF INJURIES CAUSING DEATH.
3 (D) ACTION BY PERSONAL REPRESENTATIVE.--IF NO PERSON IS
4 ELIGIBLE TO RECOVER DAMAGES UNDER SUBSECTION (B) [TO BRING AN
5 ACTION UNDER THIS SECTION], THE PERSONAL REPRESENTATIVE OF THE
6 DECEASED MAY BRING AN ACTION [FOR THE] TO RECOVER DAMAGES
7 [EXPRESSLY SPECIFIED IN SUBSECTION (C)] FOR REASONABLE HOSPITAL,
8 NURSING, MEDICAL, FUNERAL EXPENSES AND EXPENSES OF
9 ADMINISTRATION NECESSITATED BY REASON OF INJURIES CAUSING DEATH.
10 CHAPTER 93
11 TRIAL
12 [(RESERVED)]
13 SEC.
14 9301. PROCEDURES, MOTIONS AND OTHER MATTERS.
15 9302. COMMENCEMENT AND TERMINATION OF TRIAL.
16 § 9301. PROCEDURES, MOTIONS AND OTHER MATTERS.
17 ALL PROCEDURES, MOTIONS AND OTHER MATTERS RELATING TO THE
18 TRIAL, BY JURY OR OTHERWISE, OF ANY CRIMINAL PROCEEDING SHALL BE
19 CONDUCTED IN THE MANNER, AT THE TIMES, ON THE TERMS AND
20 CONDITIONS AND IN THE FORM PRESCRIBED BY GENERAL RULES.
21 § 9302. COMMENCEMENT AND TERMINATION OF TRIAL.
22 THE TRIAL OF A CRIMINAL PROCEEDING SHALL BE DEEMED TO
23 COMMENCE AND TERMINATE AT THE TIMES OR ON THE OCCURRENCE OF
24 EVENTS PRESCRIBED BY GENERAL RULES.
25 CHAPTER 95
26 POST-TRIAL MATTERS
27 SUBCHAPTER A
28 GENERAL PROVISIONS
29 [(RESERVED)]
30 SEC.
19810H1804B3748 - 53 -
1 9501. PROCEDURES, MOTIONS AND OTHER MATTERS.
2 § 9501. PROCEDURES, MOTIONS AND OTHER MATTERS.
3 EXCEPT AS OTHERWISE PROVIDED BY THIS CHAPTER ALL POST-TRIAL
4 PROCEDURES, MOTIONS AND OTHER MATTERS RELATING TO ANY CRIMINAL
5 PROCEEDING SHALL BE CONDUCTED IN THE MANNER, AT THE TIMES, ON
6 THE TERMS AND CONDITIONS AND IN THE FORM PRESCRIBED BY GENERAL
7 RULES.
8 § 9755. SENTENCE OF PARTIAL CONFINEMENT.
9 * * *
10 (G) PRISONER RELEASE PLANS.--THIS SECTION SHALL NOT BE
11 INTERPRETED AS [IN ANY WAY] LIMITING THE AUTHORITY OF THE
12 [DEPARTMENT OF JUSTICE] BUREAU OF CORRECTION AS SET FORTH IN THE
13 ACT OF JULY 16, 1968 (P.L.351, NO.173), AS AMENDED, RELATING TO
14 PRISONER PRE-RELEASE CENTERS AND RELEASE PLANS, OR THE AUTHORITY
15 OF THE COURT AS SET FORTH IN THE ACT OF AUGUST 13, 1963
16 (P.L.774, NO.390), AS AMENDED, RELATING TO PRISONER RELEASE FOR
17 OCCUPATIONAL AND OTHER PURPOSES.
18 § 9756. SENTENCE OF TOTAL CONFINEMENT.
19 * * *
20 (D) PRISONER RELEASE PLANS.--THIS SECTION SHALL NOT BE
21 INTERPRETED AS [IN ANY WAY] LIMITING THE AUTHORITY OF THE
22 [DEPARTMENT OF JUSTICE] BUREAU OF CORRECTION AS SET FORTH IN THE
23 ACT OF JULY 16, 1968 (P.L.351, NO.173), AS AMENDED, RELATING TO
24 PRISONER PRE-RELEASE CENTERS AND RELEASE PLANS, OR THE AUTHORITY
25 OF THE COURT AS SET FORTH IN THE ACT OF AUGUST 13, 1963
26 (P.L.774, NO.390), AS AMENDED, RELATING TO PRISONER RELEASE FOR
27 OCCUPATIONAL AND OTHER PURPOSES.
28 SECTION 202. CONFORMING AMENDMENTS TO TITLE 30.--SECTIONS
29 924, 926 AND 930 OF TITLE 30 ARE AMENDED TO READ:
30 § 924. COSTS FOR SUMMARY OFFENSES.
19810H1804B3748 - 54 -
1 [(A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B),
2 ANY] ANY PERSON CONVICTED OF A SUMMARY OFFENSE UNDER THIS TITLE
3 SHALL, IN ADDITION TO THE FINE IMPOSED, BE SENTENCED TO PAY [$10
4 AS COSTS OF THE ISSUING AUTHORITY WHICH COSTS SHALL INCLUDE ALL
5 CHARGES INCLUDING, WHEN CALLED FOR, THE COSTS OF POSTAGE AND
6 REGISTERED OR CERTIFIED MAIL AND THE COSTS OF GIVING A
7 TRANSCRIPT TO THE PROSECUTOR OR DEFENDANT, OR BOTH, IF
8 REQUESTED.
9 (B) CONVICTION AFTER HEARING.--WHERE THE PERSON CHARGED WITH
10 A SUMMARY OFFENSE UNDER THIS TITLE DEMANDS A HEARING, THE COSTS
11 OF THE ISSUING AUTHORITY SHALL BE $15, WHICH COSTS SHALL INCLUDE
12 ALL CHARGES INCLUDING THE CHARGES SPECIFIED IN SUBSECTION (A).]
13 COSTS AS PROVIDED OR PRESCRIBED BY OR PURSUANT TO 42 PA.C.S. CH.
14 17 (RELATING TO GOVERNANCE OF THE SYSTEM).
15 § 926. DISPOSITION OF FINES AND PENALTIES.
16 (A) GENERAL RULE.--SUBJECT TO ANY INCONSISTENT PROCEDURES
17 AND STANDARDS RELATING TO REPORTS AND TRANSMISSION OF FUNDS
18 PRESCRIBED PURSUANT TO TITLE 42 (RELATING TO JUDICIARY AND
19 JUDICIAL PROCEDURE) AND RELATED PENALTIES:
20 (1) FINES RECOVERED IN CASES WHERE THE PROSECUTOR IS A
21 SALARIED OFFICER OF THE COMMISSION SHALL BE IMMEDIATELY
22 SURRENDERED BY THE COURT RECEIVING THE FINES TO THE
23 PROSECUTOR WHO, WITHIN 30 DAYS OF RECEIPT, SHALL FORWARD THE
24 FINES AND PENALTIES TO THE EXECUTIVE DIRECTOR.
25 (2) WHERE ANY OFFICER OF THIS COMMONWEALTH OTHER THAN A
26 SALARIED OFFICER IS THE PROSECUTOR, THE FINES AND PENALTIES
27 SHALL, AS SOON AS THE CASE IS FULLY DETERMINED, BE FORWARDED
28 BY THE COURT TO THE EXECUTIVE DIRECTOR THROUGH THE DISTRICT
29 WATERWAYS PATROLMAN, TOGETHER WITH A STATEMENT OF THE CAUSE
30 FOR WHICH THE FINES WERE COLLECTED.
19810H1804B3748 - 55 -
1 (3) ALL FINES RECEIVED [BY THE EXECUTIVE DIRECTOR] UNDER
2 THIS SECTION SHALL BE PAID [MONTHLY] INTO THE STATE TREASURY
3 FOR THE USE OF THE FISH FUND OR BOAT FUND, AS APPROPRIATE.
4 (B) PENALTY.--ANY PERSON FAILING TO FORWARD FINES IN
5 ACCORDANCE WITH THIS SECTION COMMITS A SUMMARY OFFENSE OF THE
6 FIRST DEGREE.
7 § 930. ARREST OF NONRESIDENT.
8 SUBJECT TO ANY INCONSISTENT REGULATIONS PRESCRIBED PURSUANT
9 TO 42 PA.C.S. § 3502 (RELATING TO FINANCIAL REGULATIONS):
10 [(A)] (1) GENERAL RULE.--UPON THE ARREST, APPREHENSION OR
11 CITATION OF A NONRESIDENT OF THIS COMMONWEALTH FOR ANY
12 VIOLATION OF THIS TITLE THAT IS A SUMMARY OFFENSE, THE
13 WATERWAYS PATROLMAN OR DEPUTY WATERWAYS PATROLMAN SHALL,
14 UNLESS THE DEFENDANT ELECTS TO ACKNOWLEDGE GUILT IN
15 ACCORDANCE WITH SECTION 925 (RELATING TO ACKNOWLEDGMENT OF
16 GUILT AND RECEIPTS FOR PAYMENT), ESCORT THE DEFENDANT TO THE
17 APPROPRIATE ISSUING AUTHORITY FOR A HEARING, POSTING OF BOND
18 OR PAYMENT OF THE APPLICABLE FINE AND COSTS, UNLESS THE
19 DEFENDANT CHOOSES TO PLACE THE AMOUNT OF THE APPLICABLE FINE
20 AND COSTS IN A STAMPED ENVELOPE ADDRESSED TO THE APPROPRIATE
21 ISSUING AUTHORITY AND MAILS THE ENVELOPE IN THE PRESENCE OF
22 THE WATERWAYS PATROLMAN OR DEPUTY WATERWAYS PATROLMAN.
23 [(B)] (2) PROCEDURE UPON PAYMENT BY MAIL.--IF THE DEFENDANT
24 MAILS THE AMOUNT OF FINE AND COSTS PRESCRIBED IN [SUBSECTION
25 (A)] PARAGRAPH (1), HE SHALL INDICATE ON AN ACCOMPANYING FORM
26 WHETHER THE PAYMENT CONSTITUTES A BOND FOR A HEARING BASED ON
27 A PLEA OF NOT GUILTY OR A FINE BASED UPON A PLEA OF GUILTY IN
28 LIEU OF ACKNOWLEDGING GUILT UNDER SECTION 925. IF THE PLEA IS
29 NOT GUILTY, THE WATERWAYS PATROLMAN OR DEPUTY WATERWAYS
30 PATROLMAN SHALL NOTIFY THE ISSUING AUTHORITY BY TELEPHONE AND
19810H1804B3748 - 56 -
1 THE ISSUING AUTHORITY SHALL SCHEDULE A HEARING FOR THE
2 FOLLOWING DAY (EXCLUDING SATURDAYS, SUNDAYS OR LEGAL
3 HOLIDAYS), UNLESS THE DEFENDANT REQUESTS A CONTINUANCE, IN
4 WHICH CASE A HEARING SHALL BE SCHEDULED TO ACCOMMODATE THE
5 DEFENDANT, THE WATERWAYS PATROLMAN OR DEPUTY WATERWAYS
6 PATROLMAN AND THE ISSUING AUTHORITY.
7 [(C)] (3) FORM OF PAYMENT.--THE AMOUNT OF FINE AND COSTS MAY
8 BE PAID IN CASH, PERSONAL OR OTHER CHECK, CREDIT CARD OR
9 GUARANTEED ARREST BOND[, EXCEPT THAT THE COURT ADMINISTRATOR
10 OF PENNSYLVANIA MAY ENLARGE OR RESTRICT THE TYPE OF PAYMENT
11 WHICH MAY BE MADE BY MAIL].
12 [(D)] (4) RECEIPT FOR PAYMENT.--THE WATERWAYS PATROLMAN OR
13 DEPUTY WATERWAYS PATROLMAN SHALL GIVE THE DEFENDANT A RECEIPT
14 FOR PAYMENT, A COPY OF WHICH SHALL BE MAILED WITH THE PAYMENT
15 AND A COPY RETAINED BY THE OFFICER.
16 SECTION 203. CONFORMING AMENDMENTS TO TITLE 66.--TITLE 66 IS
17 AMENDED BY ADDING A SECTION TO READ:
18 § 902. RELIANCE ON ORDERS PENDING JUDICIAL REVIEW.
19 THE ISSUE OR ASSUMPTION OF SECURITIES REGISTERED BY THE
20 COMMISSION, THE PERFORMANCE OF ANY CONTRACT OR ARRANGEMENT
21 APPROVED BY THE COMMISSION AND ANY OTHER ACT BY A PERSON OR
22 CORPORATION SHALL BE SUBJECT TO THE PROVISIONS OF 42 PA.C.S. §
23 5105(F) (RELATING TO EFFECT OF REVERSAL OR MODIFICATION) INSOFAR
24 AS RELATES TO ANY SALE, MORTGAGE, EXCHANGE OR CONVEYANCE SUBJECT
25 TO THE JURISDICTION OF THE COMMISSION.
26 ARTICLE III
27 REPEALS OF INCONSISTENT LEGISLATION
28 SECTION 301. ACT NO. 176 OF 1929.--SECTION 1104 AND AS MUCH
29 AS READS "IN QUO WARRANTO" OF THE FIRST SENTENCE AND AS MUCH AS
30 READS "FOR OTHER PROCEEDINGS IN QUO WARRANTO" OF THE SECOND
19810H1804B3748 - 57 -
1 SENTENCE OF SECTION 1711, ACT OF APRIL 9, 1929 (P.L.343,
2 NO.176), KNOWN AS "THE FISCAL CODE," ARE REPEALED.
3 SECTION 302. ACT NO. 155 OF 1933 AS AFFECTED BY ACT NO. 283
4 OF 1955.--AS MUCH AS READS "OF COMMON PLEAS OF THE COUNTY WITHIN
5 WHICH SUCH PROPERTY IS SITUATED, OR THE COUNTY COURT OF
6 ALLEGHENY COUNTY, AS THE CASE MAY BE, AND, FOR THAT PURPOSE, MAY
7 PRESENT TO SAID COURT OR FILE IN THE PROTHONOTARY'S OFFICE OR IN
8 THE OFFICE OF THE CLERK OF THE COUNTY COURT OF ALLEGHENY COUNTY,
9 WITHIN SIXTY DAYS, AFTER THE COUNTY COMMISSIONERS, ACTING AS A
10 BOARD OF REVISION, OR THE BOARD OF REVISION OF TAXES, OR THE
11 BOARD FOR THE ASSESSMENT AND REVISION OF TAXES, OR THE BOARD OF
12 PROPERTY ASSESSMENT, APPEALS AND REVIEW, IN COUNTIES OF THE
13 SECOND CLASS, AS THE CASE MAY BE, HAVE HELD THE APPEALS PROVIDED
14 FOR BY THIS OR ANY OTHER ACT OF ASSEMBLY AND ACTED ON THE SAID
15 ASSESSMENTS AND VALUATIONS, A PETITION SIGNED BY HIM, HIS AGENT
16 OR ATTORNEY, SETTING FORTH THE FACTS OF THE CASE" OF THE FIRST
17 SENTENCE OF SECTION 518.1, ACT OF MAY 22, 1933 (P.L.853,
18 NO.155), KNOWN AS "THE GENERAL COUNTY ASSESSMENT LAW," IS
19 REPEALED.
20 SECTION 303. ACT NO. 1 OF 1936 (2ND SP.SESS.) AS AFFECTED BY
21 ACT NO. 108 OF 1980.--SECTION 510.1, ACT OF DECEMBER 5, 1936
22 (2ND SP.SESS., 1937 P.L.2897, NO.1), KNOWN AS THE "UNEMPLOYMENT
23 COMPENSATION LAW," IS REPEALED. THE NOTICE OF THE BOARD TO THE
24 PARTIES AND THE DEPARTMENT UNDER SECTION 504 OF THE ACT OF THE
25 FINAL DECISION OF THE BOARD AND THE REASONS THEREFOR SHALL
26 CONSTITUTE A FINAL ORDER OF THE BOARD FOR PURPOSES OF JUDICIAL
27 REVIEW, WHICH ORDER SHALL BE SUBJECT TO JUDICIAL REVIEW WITHIN
28 THE TIME AND IN THE MANNER PROVIDED OR PRESCRIBED BY LAW.
29 JUDICIAL REVIEW MAY BE SOUGHT UNDER THE ACT ONLY AFTER THE PARTY
30 SEEKING REVIEW HAS EXHAUSTED ITS REMEDIES BEFORE THE BOARD.
19810H1804B3748 - 58 -
1 SECTION 304. (RESERVED).
2 SECTION 305. ACT NO. 294 OF 1939.--SECTION 12, ACT OF JUNE
3 21, 1939 (P.L.626, NO.294), ENTITLED "AN ACT PROVIDING FOR AND
4 REGULATING THE ASSESSMENT AND VALUATION OF ALL SUBJECTS OF
5 TAXATION IN COUNTIES OF THE SECOND CLASS; CREATING AND
6 PRESCRIBING THE POWERS AND DUTIES OF THE BOARD OF PROPERTY
7 ASSESSMENT, APPEALS AND REVIEW; IMPOSING DUTIES ON CERTAIN
8 COUNTY AND CITY OFFICERS; ABOLISHING THE BOARD FOR THE
9 ASSESSMENT AND REVISION OF TAX IN SUCH COUNTIES; AND
10 PRESCRIBING PENALTIES," IS REPEALED.
11 SECTION 306. ACT NO. 404 OF 1939.--SECTION 15, ACT OF JUNE
12 27, 1939 (P.L.1199, NO.404), ENTITLED "AN ACT RELATING TO THE
13 ASSESSMENT OF REAL AND PERSONAL PROPERTY AND OTHER SUBJECTS OF
14 TAXATION IN COUNTIES OF THE FIRST CLASS; PROVIDING FOR THE
15 APPOINTMENT OF MEMBERS OF THE BOARD OF REVISION OF TAXES BY THE
16 JUDGES OF THE COURTS OF COMMON PLEAS; PROVIDING FOR THE
17 APPOINTMENT, BY THE BOARD, OF PERSONAL PROPERTY ASSESSORS, REAL
18 ESTATE ASSESSORS AND ASSISTANT REAL ESTATE ASSESSORS, CLERKS AND
19 OTHER EMPLOYES; FIXING THE SALARIES OF MEMBERS OF THE BOARD,
20 ASSESSORS AND ASSISTANT ASSESSORS, AND PROVIDING FOR THE PAYMENT
21 OF SALARIES AND EXPENSES FROM THE COUNTY TREASURY; PRESCRIBING
22 THE POWERS AND DUTIES OF THE BOARD AND OF THE ASSESSORS, THE
23 TIME AND MANNER OF MAKING ASSESSMENTS, OF THE REVISION AND
24 NOTICE OF ASSESSMENTS AND OF APPEALS THEREFROM; PRESCRIBING THE
25 RECORDS OF ASSESSMENTS; AND REPEALING EXISTING LAWS," IS
26 REPEALED.
27 SECTION 307. ACT NO. 254 OF 1943.--AS MUCH AS READS "OF
28 COMMON PLEAS OF THE COUNTY WITHIN WHICH SUCH PROPERTY IS
29 SITUATED, AND FOR THAT PURPOSE MAY PRESENT TO SAID COURT, OR
30 FILE IN THE PROTHONOTARY'S OFFICE WITHIN SIXTY DAYS AFTER THE
19810H1804B3748 - 59 -
1 BOARD ENTERED ITS ORDER ON THE SAID ASSESSMENT, A PETITION
2 SIGNED BY HIM, HIS AGENT OR ATTORNEY, SETTING FORTH THE FACTS OF
3 THE CASE," OF THE FIRST SENTENCE OF SECTION 704, ACT OF MAY 21,
4 1943 (P.L.571, NO.254), KNOWN AS "THE FOURTH TO EIGHTH CLASS
5 COUNTY ASSESSMENT LAW," IS REPEALED.
6 SECTION 308. (RESERVED).
7 SECTION 309. ACT NO. 21 OF 1951 AS AFFECTED BY ACT NO. 221
8 OF 1980.--AS MUCH AS READS ", DURING WHICH TIME SUCH
9 MANUFACTURER MAY TAKE AN APPEAL AS PROVIDED FOR IN THIS ACT" OF
10 THE SECOND SENTENCE AND THE ENTIRE THIRD SENTENCE OF SUBSECTION
11 (E) AND ALL OF SUBSECTION (I) OF SECTION 444, ACT OF APRIL 12,
12 1951 (P.L.90, NO.21), KNOWN AS THE "LIQUOR CODE," ARE REPEALED.
13 SECTION 310. ACT NO. 130 OF 1955 AS AFFECTED BY ACT NO. 323
14 OF 1968.--AS MUCH AS READS "WITHIN TEN DAYS FROM THE MAILING OF
15 SUCH NOTICE" AND "TO THE COURT OF QUARTER SESSIONS" OF THE THIRD
16 SENTENCE OF SECTION 2199, ACT OF AUGUST 9, 1955 (P.L.323,
17 NO.130), KNOWN AS "THE COUNTY CODE," IS REPEALED. THE THIRD
18 SENTENCE OF SECTION 2199 IS ALSO REPEALED INSOFAR AS RELATES TO
19 SUPERSEDEAS ON APPEAL TO A COURT HAVING APPELLATE JURISDICTION
20 OF THE COURT OF INITIAL JURISDICTION.
21 SECTION 311. (RESERVED).
22 SECTION 312. ACT NO. 21 OF 1967 AS AFFECTED BY ACT NO. 105
23 OF 1980.--AS MUCH AS READS "IN THE COURT OF COMMON PLEAS" OF
24 CLAUSE (4) AND AS MUCH AS READS "IN THE COURT OF COMMON PLEAS"
25 OF THE LAST SENTENCE OF CLAUSE (5) OF SECTION 1408(C) AND AS
26 MUCH OF SECTION 1411 AS RELATES TO LIMITATION OF TIME WHEN
27 CRIMINAL PROSECUTIONS MAY BE BROUGHT, ACT OF JUNE 13, 1967
28 (P.L.31, NO.21), KNOWN AS THE "PUBLIC WELFARE CODE," AS ADDED
29 JULY 10, 1980 (P.L.493, NO.105), ARE REPEALED.
30 SECTION 313. ACT NO. 8 OF 1968 AS AFFECTED BY ACT NO. 101 OF
19810H1804B3748 - 60 -
1 1980.--AS MUCH AS READS "IN THE COURT OF COMMON PLEAS OF ANY
2 COUNTY IN THE METROPOLITAN AREA IN WHICH THE CHARGE, SERVICE OR
3 CHANGE OF SERVICE SHALL BE APPLICABLE," OF THE SIXTH SENTENCE OF
4 SECTION 303(D)(9), ACT OF JANUARY 22, 1968 (P.L.42, NO.8), KNOWN
5 AS THE "PENNSYLVANIA URBAN MASS TRANSPORTATION LAW," ADDED JULY

Historical Act text part 2

6 10, 1980 (P.L.427, NO.101), IS REPEALED. SECTION 303(D)(9) OF
7 THE ACT IS REPEALED INSOFAR AS RELATES TO PRACTICE OR PROCEDURE
8 IN THE SUPREME COURT, SUPERIOR COURT OR COMMONWEALTH COURT, OR
9 AS TO PRACTICE OR PROCEDURE IN THE COURT OF COMMON PLEAS OR
10 BEFORE THE AUTHORITY WHEN AN APPEAL HAS BEEN OR IS BEING TAKEN
11 TO, OR REVIEW HAS BEEN OR IS BEING SOUGHT IN, ONE OF SUCH
12 APPELLATE COURTS.
13 SECTION 314. (RESERVED).
14 SECTION 315. ACT NO. 364 OF 1972 AS AFFECTED BY ACT NO. 234
15 OF 1980.--AS MUCH OF SECTION 3 AS RELATES TO THE DEFINITION OF
16 "COURT," ACT OF DECEMBER 29, 1972 (P.L.1701, NO.364), KNOWN AS
17 THE "HEALTH MAINTENANCE ORGANIZATION ACT," IS REPEALED.
18 SECTION 316. ACT NO. 142 OF 1976.--AS MUCH AS READS AS
19 FOLLOWS: "WHO ARE MEMBERS OF THE BAR OF THE SUPREME COURT" OF
20 SECTION 9(B), AS MUCH AS READS AS FOLLOWS: "UNTIL THERE ARE A
21 SUFFICIENT NUMBER OF JUDGES OF THE PHILADELPHIA MUNICIPAL COURT
22 WHO ARE MEMBERS OF THE BAR OF THE SUPREME COURT TO HANDLE SUCH
23 MATTERS THE" OF SECTION 10 AND AS MUCH AS READS AS FOLLOWS: ",
24 PROTHONOTARY OF ANY COUNTY EXCEPT THE CITY AND COUNTY OF
25 PHILADELPHIA, CLERK OF THE COURTS, CLERK OF QUARTER SESSIONS OF
26 THE CITY AND COUNTY OF PHILADELPHIA, CLERK OF THE ORPHANS' COURT
27 DIVISION" OF SECTION 27, ACT OF JULY 9, 1976 (P.L.586, NO.142),
28 KNOWN AS THE "JUDICIARY ACT OF 1976," ARE REPEALED.
29 SECTION 317. ACT NO. 53 OF 1978.--AS MUCH OF SECTION 2(A) AS
30 RELATES TO THE ACT OF DECEMBER 5, 1936 (2ND SP.SESS., 1937
19810H1804B3748 - 61 -
1 P.L.2897, NO.1), KNOWN AS THE "UNEMPLOYMENT COMPENSATION LAW,"
2 AS READS (AT P.L.312) "A DETERMINATION OF THE UNEMPLOYMENT
3 COMPENSATION BOARD OF REVIEW UNDER THE ACT, INCLUDING ACTION BY
4 THE BOARD DISALLOWING AN APPEAL FROM A REFEREE, SHALL BE FINAL
5 UPON THE ENTRY THEREOF," AND SECTION 3(C), ACT OF APRIL 28, 1978
6 (P.L.202, NO.53), KNOWN AS THE "JUDICIARY ACT REPEALER ACT," ARE
7 REPEALED.
8 SECTION 318. ACT NO. 48 OF 1979 AS AFFECTED BY ACT NO. 136
9 OF 1980.--AS MUCH AS READS "OF COMMON PLEAS OF THE COUNTY IN
10 WHICH THE NEW INSTITUTIONAL HEALTH SERVICE IS LOCATED" OF
11 SECTION 603(B), AS MUCH AS READS "THE COMMONWEALTH" OF THE
12 SECOND SENTENCE OF SECTION 702(D), ALL OF SECTION 712(B), AS
13 MUCH AS READS "COMMONWEALTH" AND "OR THE COURT OF COMMON PLEAS
14 OF THE COUNTY IN WHICH THE FACILITY IS LOCATED" OF SECTION
15 814(B), AS MUCH AS READS "COMMONWEALTH", "THE" (WHERE IT APPEARS
16 PRECEDING THE SECOND OCCURRENCE OF THE WORD "COURT") AND "OF
17 COMMON PLEAS OF THE COUNTY IN WHICH THE HEALTH CARE FACILITY IS
18 LOCATED, OR IN THE COMMONWEALTH COURT" OF SUBSECTION (A) AND ALL
19 OF SUBSECTION (B) OF SECTION 815 AND AS MUCH AS READS
20 "COMMONWEALTH" (TWO OCCASIONS) OF SECTION 818, ACT OF JULY 19,
21 1979 (P.L.130, NO.48), KNOWN AS THE "HEALTH CARE FACILITIES
22 ACT," AS AMENDED JULY 12, 1980 (P.L.655, NO.136), ARE REPEALED.
23 SECTION 319. ACT NO. 97 OF 1980.--AS MUCH AS READS
24 "COMMONWEALTH" AND ", WHICH COURT IS HEREBY GRANTED
25 JURISDICTION" OF THE LAST SENTENCE OF SECTION 603 AND THE ENTIRE
26 THIRD SENTENCE OF SUBSECTION (A) AND ALL OF SUBSECTION (D) OF
27 SECTION 604, ACT OF JULY 7, 1980 (P.L.380, NO.97), KNOWN AS THE
28 "SOLID WASTE MANAGEMENT ACT," ARE REPEALED.
29 SECTION 320. ACT NO. 104 OF 1980.--SECTION 8(D), THE LAST
30 SENTENCE OF SECTION 16 AND AS MUCH AS READS "COMMONWEALTH" OF
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1 SECTION 19(C), ACT OF JULY 10, 1980 (P.L.481, NO.104), KNOWN AS
2 THE "MILK PRODUCERS' AND COOPERATIVE SECURITY FUNDS ACT," ARE
3 REPEALED. IF, AFTER THE EXPIRATION OF THE APPEAL PERIOD
4 PRESCRIBED BY LAW, THE DETERMINATION OF THE MILK MARKETING BOARD
5 UNDER SECTION 8 OF THE ACT HAS NOT BEEN STAYED BY A REVIEWING
6 COURT, THE BOARD SHALL DIRECT THE FISCAL AGENT UNDER THE ACT TO
7 PAY THE CLAIMANTS FROM THE MONEYS AVAILABLE IN THE MILK
8 PRODUCERS' SECURITY FUND.
9 SECTION 321. ACT NO. 164 OF 1980.--THE LAST SENTENCE OF
10 SECTION 205(A)(4), ACT OF OCTOBER 15, 1980 (P.L.950, NO.164),
11 KNOWN AS THE "COMMONWEALTH ATTORNEYS ACT," IS REPEALED.
12 SECTION 322. ACT NO. 222 OF 1980.--SECTION 312, ACT OF
13 DECEMBER 15, 1980 (P.L.1203, NO.222), KNOWN AS THE "BUILDING
14 ENERGY CONSERVATION ACT," IS REPEALED.
15 SECTION 323. TITLE 66.--66 PA.C.S. §§ 317(A)(3) (RELATING TO
16 FEES FOR SERVICES RENDERED BY COMMISSION) AND 903 (RELATING TO
17 RESTRICTION ON INJUNCTIONS) ARE REPEALED.
18 ARTICLE IV
19 MISCELLANEOUS PROVISIONS
20 SECTION 401. APPLICABILITY OF STATUTORY CONSTRUCTION ACT.--
21 THIS ACT IS INTENDED TO INTEGRATE INTO TITLE 42 OF THE
22 PENNSYLVANIA CONSOLIDATED STATUTES ALL RELEVANT LEGISLATION OF
23 THE 1979-1981 GENERAL ASSEMBLIES THROUGH ACT NO. 1981-18. THE
24 PROVISIONS OF 1 PA.C.S. §§ 1952 (RELATING TO EFFECT OF SEPARATE
25 AMENDMENTS ON CODE PROVISIONS ENACTED BY SAME GENERAL ASSEMBLY)
26 AND 1974 (RELATING TO EFFECT OF SEPARATE REPEALS ON CODE
27 PROVISIONS BY SAME GENERAL ASSEMBLY) SHALL NOT BE APPLICABLE TO
28 ANY ACT OF THE 1979-1981 GENERAL ASSEMBLIES THROUGH ACT NO.
29 1981-18 INSOFAR AS RELATES TO TITLE 42 OF THE PENNSYLVANIA
30 CONSOLIDATED STATUTES. SECTION 601 OF THE ACT OF OCTOBER 5, 1980
19810H1804B3748 - 63 -
1 (P.L.693, NO.142), KNOWN AS THE "JARA CONTINUATION ACT OF 1980,"
2 IS REPEALED.
3 SECTION 402. EFFECT OF ARTICLE III.--ARTICLE III OF THIS ACT
4 SHALL BE DEEMED A PART OF SECTION 2(A) OF THE ACT OF APRIL 28,
5 1978 (P.L.202, NO.53), KNOWN AS THE "JUDICIARY ACT REPEALER
6 ACT," FOR PURPOSES OF SECTION 3 OF THAT ACT.
7 SECTION 403. APPLICABILITY OF AMENDMENTS.--EXCEPT AS
8 PROVIDED IN SECTION 404, THE AMENDMENTS TO 42 PA.C.S. CH. 55
9 (RELATING TO LIMITATION OF TIME), EFFECTED BY THIS ACT SHALL
10 APPLY ONLY TO CAUSES OF ACTION WHICH ACCRUE AFTER THE EFFECTIVE
11 DATE OF THIS ACT.
12 SECTION 404. EFFECTIVE DATE.--THIS ACT SHALL TAKE EFFECT IN
13 60 DAYS EXCEPT THAT:
14 (1) THE AMENDMENT ADDING 42 PA.C.S. § 762(A)(1)(II)
15 (RELATING TO APPEALS FROM COURTS OF COMMON PLEAS) SHALL TAKE
16 EFFECT IMMEDIATELY AND SHALL BE RETROACTIVE TO DECEMBER 5,
17 1980.
18 (2) THE AMENDMENTS TO 42 PA.C.S. §§ 4303(A) (RELATING TO
19 EFFECT OF JUDGMENTS AND ORDERS AS LIENS), 5501(A) (RELATING
20 TO SCOPE OF CHAPTER) AND 8301 (RELATING TO DEATH ACTION)
21 EFFECTED BY THIS ACT SHALL TAKE EFFECT IMMEDIATELY AND SHALL
22 BE RETROACTIVE TO JUNE 27, 1978.
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