PRINTER'S NO. 40

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 40 Session of 1991


        INTRODUCED BY GREENLEAF, SALVATORE, REIBMAN, LEWIS, LEMMOND AND
           SHAFFER, JANUARY 22, 1991

        REFERRED TO JUDICIARY, JANUARY 22, 1991

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for the
     3     jurisdiction of district justices.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 1515(a)(3) of Title 42 of the
     7  Pennsylvania Consolidated Statutes is amended to read:
     8  § 1515.  Jurisdiction and venue.
     9     (a)  Jurisdiction.--Except as otherwise prescribed by general
    10  rule adopted pursuant to section 503 (relating to reassignment
    11  of matters), district justices shall, under procedures
    12  prescribed by general rule, have jurisdiction of all of the
    13  following matters:
    14         * * *
    15         (3)  Civil claims, except claims by or against a
    16     Commonwealth party as defined by section 8501 (relating to
    17     definitions), wherein the sum demanded does not exceed
    18     [$4,000] $7,500, exclusive of interest and costs, in the

     1     following classes of actions:
     2             (i)  In assumpsit, except cases of real contract
     3         where the title to real estate may be in question.
     4             (ii)  In trespass, including all forms of trespass
     5         and trespass on the case.
     6             (iii)  For fines and penalties by any government
     7         agency.
     8     A plaintiff may waive a portion of his claim of more than
     9     [$4,000] $7,500 so as to bring the matter within the monetary
    10     jurisdiction of a district justice. Such waiver shall be
    11     revoked automatically if the defendant appeals the final
    12     order of the district justice or when the judgment is set
    13     aside upon certiorari.
    14         * * *
    15     Section 2.  This act shall take effect in 60 days.










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