PRINTER'S NO. 2663

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2124 Session of 1981


        INTRODUCED BY LLOYD, NOYE, COLE, ALDEN, HALUSKA, SWEET,
           VAN HORNE, PETRARCA, MORRIS, LASHINGER, KOWALYSHYN, HOEFFEL,
           PRATT, BLAUM, GREENWOOD, REBER, PISTELLA, McVERRY, POTT,
           SWAIM, DAWIDA, JOHNSON, SNYDER AND McINTYRE, DECEMBER 9, 1981

        REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 9, 1981

                                     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, act of November
     7  25, 1970 (P.L.707, No.230), amended October 1, 1981 (No.95), is
     8  amended to read:
     9  § 1515.  Jurisdiction and venue.
    10     (a)  Jurisdiction.--Except as otherwise prescribed by general
    11  rule adopted pursuant to section 503 (relating to reassignment
    12  of matters), district justices shall, under procedures
    13  prescribed by general rule, have jurisdiction of all of the
    14  following matters:
    15         * * *
    16         (3)  Civil claims wherein the sum demanded does not
    17     exceed [$2,000] $3,000, exclusive of interest and costs, in


     1     the 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     [$2,000] $3,000 so as to bring the matter within the
    10     jurisdiction of a district justice. Such waiver shall remain
    11     effective except upon appeal by either party or when the
    12     judgment is set aside upon certiorari.
    13         * * *
    14     Section 2.  This act shall take effect in 60 days.











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