PRIOR PRINTER'S NO. 1461 PRINTER'S NO. 1806
No. 1206 Session of 1981
INTRODUCED BY GEKAS, ZEMPRELLI AND FISHER, NOVEMBER 16, 1981
SENATOR GEKAS, JUDICIARY, AS AMENDED, APRIL 13, 1982
A SUPPLEMENT
1 To the act of July 9, 1976 (P.L.586, No.142), entitled "An act
2 amending Titles 42 (Judiciary and Judicial Procedure), 15
3 (Corporations and Unincorporated Associations), 18 (Crimes
4 and Offenses) and 71 (State Government) of the Pennsylvania
5 Consolidated Statutes, adding revised, codified and compiled
6 provisions relating to judiciary and judicial procedure,
7 including certain judicially enforceable rights, duties,
8 immunities and liabilities and separately enacting certain
9 related provisions of law," adding certain provisions of
10 existing law to and making conforming, redesignation and
11 editorial changes in certain provisions of the Pennsylvania
12 Consolidated Statutes, making revisions, corrections and
13 additions relating to judiciary and judicial procedure,
14 including certain judicially enforceable rights, duties,
15 immunities and liabilities and repealing certain acts and
16 parts of acts supplied by the act as heretofore supplemented
17 and as supplemented hereby.
18 TABLE OF CONTENTS
19 ARTICLE I. PRELIMINARY PROVISIONS
20 Section 101. Short title.
21 ARTICLE II. AMENDMENTS TO THE
22 PENNSYLVANIA CONSOLIDATED STATUTES
23 Section 201. Amendments to Title 42.
24 Section 202. Conforming amendments to Title 30.
25 Section 203. Conforming amendments to Title 66.
1 ARTICLE III. REPEALS OF INCONSISTENT
2 LEGISLATION
3 Section 301. Act No. 176 of 1929.
4 Section 302. Act No. 155 of 1933 as affected
5 by Act No. 283 of 1955.
6 Section 303. Act No. 1 of 1936 (2nd Sp.Sess.)
7 as affected by Act No. 108 of 1980.
8 Section 304. Act No. 394 of 1937 as affected
9 by Act No. 157 of 1980.
10 Section 305. Act No. 294 of 1939.
11 Section 306. Act No. 404 of 1939.
12 Section 307. Act No. 254 of 1943.
13 Section 308. Act No. 418 of 1945 as affected
14 by Act No. 155 of 1980.
15 Section 309. Act No. 21 of 1951 as affected
16 by Act No. 221 of 1980.
17 Section 310. Act No. 130 of 1955 as affected
18 by Act No. 323 of 1968.
19 Section 311. Act No. 1 of 1966 (1st Sp.Sess.)
20 as affected by Act No. 156 of 1980.
21 Section 312. Act No. 21 of 1967 as affected
22 by Act No. 105 of 1980.
23 Section 313. Act No. 8 of 1968 as affected
24 by Act No. 101 of 1980.
25 Section 314. Act No. 318 of 1968 as affected
26 by Act No. 154 of 1980.
27 Section 315. Act No. 364 of 1972 as affected
28 by Act No. 234 of 1980.
29 Section 316. Act No. 142 of 1976.
30 Section 317. Act No. 53 of 1978.
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1 Section 318. Act No. 48 of 1979 as affected
2 by Act No. 136 of 1980.
3 Section 319. Act No. 97 of 1980.
4 Section 320. Act No. 104 of 1980.
5 Section 321. Act No. 164 of 1980.
6 Section 322. Act No. 222 of 1980.
7 Section 323. Title 66.
8 ARTICLE IV. MISCELLANEOUS PROVISIONS
9 Section 401. Applicability of Statutory Construction Act.
10 Section 402. Effect of Article III.
11 Section 403. Applicability of amendments.
12 Section 404. Effective date.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 ARTICLE I
16 PRELIMINARY PROVISIONS
17 Section 101. Short title.--This act shall be known and may
18 be cited as the "JARA Continuation Act of 1982."
19 ARTICLE II
20 AMENDMENTS TO THE PENNSYLVANIA
21 CONSOLIDATED STATUTES
22 Section 201. Amendments to Title 42.--The definition of
23 "process" in section 102 and sections 561, 709, 723(a), 761(a), <--
24 762(a), 933(a)(1)(ix) and (x), 953, 1123(a), 1515(a), 1725.1(e),
25 2522, 4131, 4132, 4133, 4134, 4135, 4136, 4303(a), 4503, 4521,
26 4527, 4532, 4561, 4563, 4563.1, 4565, 5103, 5105(f), 5304,
27 5501(a), 5522(a)(2) and (b), 5523, 5524, 5525(5), (6), (7) and
28 (8), 5526(4), 5527, 5529(b), 5552(b), 5946, 5974, 6106, 6143(a),
29 6701, 6702, 6704, 6705, 6706, 6707, 6708, 6709, 6712, 7102(d)
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1 AND 7342, CHAPTERS 77 AND 79, SECTIONS 8123(a) and (c), <--
2 8124(c)(9) and (10), 8127, 8128 AND 8301(a), (c) and (d), <--
3 CHAPTERS 93 AND 95 AND SECTIONS 9755(g) and 9756(d) of Title 42, <--
4 act of November 25, 1970 (P.L.707, No.230), known as the
5 Pennsylvania Consolidated Statutes, are amended, added or
6 repealed to read:
7 § 102. Definitions.
8 Subject to additional definitions contained in subsequent
9 provisions of this title which are applicable to specific
10 provisions of this title, the following words and phrases when
11 used in this title shall have, unless the context clearly
12 indicates otherwise, the meanings given to them in this section:
13 * * *
14 "Process." A document evidencing a command of a court or of
15 a district justice.
16 * * *
17 § 561. Commonwealth Court. <--
18 (a) General rule.--The Commonwealth Court of Pennsylvania
19 shall consist of nine judges.
20 (b) Divisions.--The Commonwealth Court may have an appellate
21 division and such other divisions as may be prescribed by rule
22 of court.
23 § 709. Certification of questions of law.
24 (a) Short title of section.--This section shall be known and
25 may be cited as the "Uniform Certification of Questions of Law
26 Act."
27 (b) Power to answer.--The Supreme Court or another appellate
28 court of this Commonwealth designated by or pursuant to general
29 rule may answer questions of law certified to it by the Supreme
30 Court of the United States, a court of the United States whose
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1 final determinations are directly reviewable by the Supreme
2 Court of the United States, the highest appellate court of any
3 state, or any other tribunal designated by or pursuant to
4 general rule, when requested by the certifying court if there
5 are involved in any proceeding before it questions of law of
6 this Commonwealth which may be determinative of the cause then
7 pending in the certifying court and as to which it appears to
8 the certifying court there is no controlling precedent in the
9 decisions of the Supreme Court of this Commonwealth.
10 (c) Method of invoking.--This section may be invoked by an
11 order of any of the courts referred to in subsection (b) upon
12 the court's own motion or upon the motion of any party to the
13 cause.
14 (d) Contents of certification order.--A certification order
15 shall set forth:
16 (1) the question of law to be answered; and
17 (2) a statement of all facts relevant to the questions
18 certified and showing fully the nature of the controversy in
19 which the questions arose.
20 (e) Preparation of certification order.--The certification
21 order shall be prepared by the certifying court, signed by the
22 judge presiding at the hearing, and forwarded to the receiving
23 court by the clerk of the certifying court under its official
24 seal. The receiving court may require the original or copies of
25 all or of any portion of the record before the certifying court
26 to be filed with the certification order, if, in the opinion of
27 the receiving court, the record or portion thereof may be
28 necessary in answering the questions.
29 (f) Costs of certification.--Except as otherwise prescribed
30 by general rules, fees and costs shall be the same as in appeals
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1 docketed before the receiving court and shall be equally divided
2 between the parties unless otherwise ordered by the certifying
3 court in its order of certification.
4 (g) Opinion.--The written opinion of the receiving court
5 stating the law governing the questions certified shall be sent
6 by the clerk under the seal of the receiving court to the
7 certifying court and to the parties.
8 (h) Power to certify.--An appellate court of this
9 Commonwealth, on its own motion or the motion of any party, may
10 order certification of questions of law to the highest court of
11 any jurisdiction when it appears to the certifying court that
12 there are involved in any proceeding before the court questions
13 of law of the receiving jurisdiction which may be determinative
14 of the cause then pending in the certifying court and it appears
15 to the certifying court that there are no controlling precedents
16 in the decisions of the highest court or intermediate appellate
17 courts of the receiving jurisdiction.
18 (i) Procedure on certifying.--The procedures for
19 certification from this Commonwealth to the receiving
20 jurisdiction shall be those provided in the laws of the
21 receiving jurisdiction.
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 (1) by an appellate division or court en banc of the <--
28 Commonwealth Court consisting of judges who did not consider
29 and determine the matter in the first instance; or
30 (2) in a matter which [does not constitute] constitutes
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1 an appeal to the Commonwealth Court from another court, a
2 district justice or another government unit.
3 * * *
4 § 761. Original jurisdiction.
5 (a) General rule.--The Commonwealth Court shall have
6 original jurisdiction of all civil actions or proceedings:
7 (1) Against the Commonwealth government, including any
8 officer thereof, acting in his official capacity, except:
9 (i) actions or proceedings in the nature of
10 applications for a writ of habeas corpus or post-
11 conviction relief not ancillary to proceedings within the
12 appellate jurisdiction of the court;
13 (ii) eminent domain proceedings;
14 (iii) actions [on claims in which immunity has been
15 waived] or proceedings conducted pursuant to Chapter 85
16 (relating to matters affecting government units) [or];
17 (iv) actions or proceedings conducted pursuant to
18 the act of May 20, 1937 (P.L.728, No.193), referred to as
19 the Board of Claims Act; and
20 [(iv)] (v) actions or proceedings in the nature of
21 trespass as to which the Commonwealth government formerly
22 enjoyed sovereign or other immunity and actions or
23 proceedings in the nature of assumpsit relating to such
24 actions or proceedings in the nature of trespass.
25 (2) By the Commonwealth government, including any
26 officer thereof, acting in his official capacity, except
27 eminent domain proceedings.
28 (3) Arising under Article V of the act of May 17, 1921
29 (P.L.789, No.285), known as "The Insurance Department Act of
30 1921."
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1 (4) Original jurisdiction of which is vested in the
2 Commonwealth Court by any statute hereafter enacted.
3 * * *
4 § 762. Appeals from courts of common pleas.
5 (a) General rule.--Except as provided in subsection (b), the
6 Commonwealth Court shall have exclusive jurisdiction of appeals
7 from final orders of the courts of common pleas in the following
8 cases:
9 (1) Commonwealth civil cases.--All civil actions or
10 proceedings:
11 [original] (i) Original jurisdiction of which is
12 vested in another tribunal by virtue of any of the
13 exceptions to section 761(a)(1) (relating to original
14 jurisdiction), except actions or proceedings in the
15 nature of applications for a writ of habeas corpus or
16 post-conviction relief not ancillary to proceedings
17 within the appellate jurisdiction of the court.
18 (ii) By the Commonwealth government, including any
19 officer thereof acting in his official capacity.
20 (2) Governmental and Commonwealth regulatory criminal
21 cases.--All criminal actions or proceedings for the violation
22 of any:
23 (i) Rule, regulation or order of any Commonwealth
24 agency.
25 (ii) Regulatory statute administered by any
26 Commonwealth agency subject to Subchapter A of Chapter 5
27 of Title 2 (relating to practice and procedure of
28 Commonwealth agencies). The term "regulatory statute" as
29 used in this subparagraph does not include any provision
30 of Title 18 (relating to crimes and offenses).
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1 (3) Secondary review of certain appeals from
2 Commonwealth agencies.--All appeals from Commonwealth
3 agencies which may be taken initially to the courts of common
4 pleas under section 933 (relating to appeals from government
5 agencies).
6 (4) Local government civil and criminal matters.--
7 (i) All actions or proceedings arising under any
8 municipality, institution district, public school,
9 planning or zoning code or under which a municipality or
10 other political subdivision or municipality authority may
11 be formed or incorporated or where is drawn in question
12 the application, interpretation or enforcement of any:
13 (A) statute regulating the affairs of political
14 subdivisions, municipality and other local
15 authorities or other public corporations or of the
16 officers, employees or agents thereof, acting in
17 their official capacity;
18 (B) home rule charter or local ordinance or
19 resolution; or
20 (C) statute relating to elections, campaign
21 financing or other election procedures.
22 (ii) All appeals from government agencies other than
23 Commonwealth agencies decided under section 933 or
24 otherwise.
25 (5) Certain private corporation matters.--
26 (i) All actions or proceedings relating to
27 corporations not-for-profit arising under Title 15
28 (relating to corporations and unincorporated
29 associations) or where is drawn in question the
30 application, interpretation or enforcement of any
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1 provision of the Constitution, treaties or laws of the
2 United States, or the Constitution of Pennsylvania or any
3 statute, regulating in any such case the corporate
4 affairs of any corporation not-for-profit subject to
5 Title 15 or the affairs of the members, security holders,
6 directors, officers, employees or agents thereof, as
7 such.
8 (ii) All actions or proceedings otherwise involving
9 the corporate affairs of any corporation not-for-profit
10 subject to Title 15 or the affairs of the members,
11 security holders, directors, officers, or employees or
12 agents thereof, as such.
13 (6) Eminent domain.--All eminent domain proceedings or
14 where is drawn in question the power or right of the
15 acquiring agency to appropriate the condemned property or to
16 use it for the purpose condemned or otherwise.
17 (7) Immunity waiver matters.--Matters in which immunity
18 has been waived pursuant to Subchapter C of Chapter 85
19 (relating to actions against local parties).
20 * * *
21 § 933. Appeals from government agencies.
22 (a) General rule.--Except as otherwise prescribed by any
23 general rule adopted pursuant to section 503 (relating to
24 reassignment of matters), each court of common pleas shall have
25 jurisdiction of appeals from final orders of government agencies
26 in the following cases:
27 (1) Appeals from Commonwealth agencies in the following
28 cases:
29 * * *
30 (ix) Determinations of the Department of
19810S1206B1806 - 10 -
1 Environmental Resources reviewable under:
2 (A) Section 601(c) of the act of June 22, 1937
3 (P.L.1987, No.394), known as "The Clean Streams Law."
4 (B) Section 18.3(a) of the act of May 31, 1945
5 (P.L.1198, No.418), known as the "Surface Mining
6 Conservation and Reclamation Act."
7 (C) Section 13(b) of the act of April 27, 1966
8 (1st Sp.Sess., P.L.31, No.1), known as "The
9 Bituminous Mine Subsidence and Land Conservation
10 Act."
11 (D) Section 13(a) of the act of September 24,
12 1968 (P.L.1040, No.318), known as the "Coal Refuse
13 Disposal Control Act."
14 Except as otherwise prescribed by general rules, the
15 venue of such matters shall be as prescribed by general
16 rule for actions upon an express contract.
17 (x) Determinations of the Department of Labor and
18 Industry or the Department of Commerce reviewable under
19 the act of December 15, 1980 (P.L.1203, No.222), known as
20 the "Building Energy Conservation Act." Except as
21 otherwise prescribed by general rules, venue shall be in
22 the county where the building is located.
23 * * *
24 § 953. Administrative judges of divisions.
25 Each division of a court of common pleas shall [be presided
26 over by] have an administrative judge[. Each such administrative
27 judge] who shall assist the president judge of the court in
28 supervising and administering the business of the court and
29 shall be responsible to him.
30 § 1123. Jurisdiction and venue.
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1 (a) General rule.--Except as otherwise prescribed by any
2 general rule adopted pursuant to section 503 (relating to
3 reassignment of matters), the Philadelphia Municipal Court shall
4 have jurisdiction of the following matters:
5 (1) Summary offenses, except those within the
6 jurisdiction of the Traffic Court of Philadelphia.
7 (2) Criminal offenses by any person (other than a
8 juvenile) for which no prison term may be imposed or which
9 are punishable by imprisonment for a term of not more than
10 five years, including indictable offenses under Title 75
11 (relating to vehicles). In cases under this paragraph the
12 defendant shall have no right of trial by jury in the
13 municipal court, but shall have the right of appeal for trial
14 de novo, including the right of trial by jury, to the court
15 of common pleas. The judges of the municipal court exercising
16 jurisdiction under this paragraph shall have the same
17 jurisdiction in probation and parole arising out of sentences
18 imposed by them as judges of the court of common pleas.
19 (3) Matters arising under the act of April 6, 1951
20 (P.L.69, No.20), known as "The Landlord and Tenant Act of
21 1951."
22 (4) Civil actions, except actions by or against a
23 Commonwealth party as defined by section 8501 (relating to
24 definitions), wherein the sum demanded does not exceed $1000,
25 exclusive of interest and costs, in the following classes of
26 actions:
27 (i) In assumpsit.
28 (ii) In trespass, including all forms of trespass
29 and trespass on the case.
30 (iii) For fines and penalties by any government
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1 agency.
2 A plaintiff may waive a portion of his claim of more than
3 $1000 so as to bring the matter within the MONETARY <--
4 jurisdiction of the municipal court. Such waiver shall be
5 revoked automatically if the defendant appeals the final
6 order of the municipal court. In cases under this paragraph
7 the defendant shall have no right of trial by jury in the
8 municipal court, but shall have the right to appeal for trial
9 de novo, including the right of trial by jury, to the court
10 of common pleas, it being the purpose of this paragraph to
11 establish an expeditious small claims procedure whereby it
12 shall not be necessary for the litigants to obtain counsel.
13 Judgments by confession shall not be entered in the municipal
14 court.
15 (5) As commissioners to preside at arraignments, fix and
16 accept bail, issue warrants and perform duties of a similar
17 nature, including the jurisdiction of a committing magistrate
18 in all criminal proceedings.
19 * * *
20 § 1515. Jurisdiction and venue.
21 (a) Jurisdiction.--Except as otherwise prescribed by general
22 rule adopted pursuant to section 503 (relating to reassignment
23 of matters), district justices shall, under procedures
24 prescribed by general rule, have jurisdiction of all of the
25 following matters:
26 (1) Summary offenses, except those within the
27 jurisdiction of an established and open traffic court.
28 (2) Matters arising under the act of April 6, 1951
29 (P.L.69, No.20), known as "The Landlord and Tenant Act of
30 1951," which are stated therein to be within the jurisdiction
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1 of a district justice.
2 (3) Civil claims, except claims by or against a
3 Commonwealth party as defined by section 8501 (relating to
4 definitions), wherein the sum demanded does not exceed
5 $2,000, exclusive of interest and costs, in the following
6 classes of actions:
7 (i) In assumpsit, except cases of real contract
8 where the title to real estate may be in question.
9 (ii) In trespass, including all forms of trespass
10 and trespass on the case.
11 (iii) For fines and penalties by any government
12 agency.
13 A plaintiff may waive a portion of his claim of more than
14 $2,000 so as to bring the matter within the MONETARY <--
15 jurisdiction of a district justice. Such waiver shall [remain
16 effective except upon appeal by either party] be revoked
17 automatically if the defendant appeals the final order of the
18 district justice or when the judgment is set aside upon
19 certiorari.
20 (4) As commissioners to preside at arraignments, fix and
21 accept bail, issue warrants and perform duties of a similar
22 nature, including the jurisdiction of a committing magistrate
23 in all criminal proceedings.
24 (5) Offenses under 75 Pa.C.S. § 3731 (relating to
25 driving under influence of alcohol or controlled substance),
26 if the following criteria are met:
27 (i) The offense is the first offense by the
28 defendant under such provision in this Commonwealth.
29 (ii) No personal injury (other than to the defendant
30 or the immediate family of the defendant) resulted from
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1 the offense.
2 (iii) The defendant pleads guilty.
3 (iv) No property damage in excess of $500 other than
4 to the defendant's property resulted from the violation.
5 (v) The defendant is not subject to the provisions
6 of Chapter 63 (relating to juvenile matters).
7 (vi) The arresting authority shall cause to be
8 transmitted a copy of the charge of any violation of 75
9 Pa.C.S. § 3731 to the [county] office of the clerk of
10 [courts] the court of common pleas within five days after
11 the preliminary arraignment.
12 In determining that the above criteria are met the district
13 justice shall rely on the certification of the arresting
14 authority. Certification that the criteria are met need not
15 be in writing. Within ten days after the disposition, the
16 district justice shall certify the disposition to the
17 [county] office of the clerk of [courts] the court of common
18 pleas in writing.
19 (6) (i) Offenses under Title 18 (crimes and offenses)
20 and Title 30 (fish) which are classified as misdemeanors
21 of the third degree, if the following criteria are met:
22 (A) The misdemeanor is not the result of a
23 reduced charge.
24 (B) Any personal injury or property damage is
25 less than $500.
26 (C) The defendant pleads guilty.
27 (D) The defendant is not subject to the
28 provisions of Chapter 63.
29 (ii) Subparagraph (i) shall not apply to any offense
30 under the following provisions of Title 18:
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1 Section 4303 (relating to concealing death of
2 [bastard] child born out of wedlock).
3 Section 4321 (relating to willful separation or
4 nonsupport).
5 Section 5103 (relating to unlawfully listening
6 into deliberations of jury).
7 (7) Matters jurisdiction of which is vested in district
8 justices by any statute.
9 * * *
10 § 1725.1. Costs.
11 * * *
12 (e) Fish and boating offenses.--
13 (1) Except as provided in paragraph (2), any person
14 convicted of a summary offense under Title 30 (relating to
15 fish) shall, in addition to the fine imposed, be sentenced to
16 pay $10 as costs of the issuing authority which costs shall
17 include all charges including, when called for, the costs of
18 postage and registered or certified mail and the costs of
19 giving a transcript to the prosecutor or defendant, or both,
20 if requested.
21 (2) Where the person charged with a summary offense
22 under Title 30 demands a hearing, the costs of the issuing
23 authority shall be $15, which costs shall include all charges
24 including the charges specified in paragraph (1).
25 § 2522. Oath of office.
26 Before entering upon the duties of his office, each attorney
27 at law shall take and subscribe the following oath or
28 affirmation before a person authorized to administer oaths:
29 "I do solemnly swear (or affirm) that I will support,
30 obey and defend the Constitution of the United States and the
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1 Constitution of this Commonwealth and that I will discharge
2 the duties of my office with fidelity[, as well] to the court
3 [as] and to [the] my client." [, that I will use no
4 falsehood, nor delay the cause of any person for lucre or
5 malice."]
6 Any person refusing to take the oath or affirmation shall
7 forfeit his office.
8 § 4131. Definitions.
9 The following words and phrases when used in this subchapter
10 shall have, unless the context clearly indicates otherwise, the
11 meanings given to them in this section:
12 "Civil contempt." The refusal of any person to act or to
13 refrain from acting in compliance with an order which has been
14 issued primarily for the benefit of a litigant.
15 "Direct criminal contempt." The willful conduct by any
16 person in the presence of the court which has the effect of
17 disrupting the lawful operation of the court.
18 "Indirect criminal contempt." Actions committed outside the
19 presence of the court which constitute either a violation of an
20 order (other than orders issued primarily for the benefit of a
21 litigant) or an interference with the lawful operation of the
22 court.
23 "Presence of the court." The actual physical presence of a
24 judge while performing his official duties, or so near thereto
25 as to interfere substantially with the lawful operation of the
26 court.
27 [§ 4131. Classification of penal contempts.] § 4132. Summary
28 punishment for contempts.
29 The power of the several courts of this Commonwealth to issue
30 attachments and to inflict summary punishments for contempts of
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1 court shall be restricted to the following cases:
2 (1) The official misconduct of the officers of such
3 courts respectively.
4 (2) Disobedience or neglect by officers, parties, jurors
5 or witnesses of or to the lawful process of the court.
6 (3) The misbehavior of any person in the presence of the
7 court, thereby obstructing the administration of justice.
8 [§ 4132. Punishment] § 4133. Imprisonment or fine for contempt.
9 Except as otherwise provided by statute, the punishment of
10 imprisonment for contempt [as] provided in section [4131] 4132
11 (relating to [classification of penal] summary punishment for
12 contempts) shall extend only to [such] contempts [as shall be]
13 committed in open [court, and all] court. All other contempts
14 shall be punished by fine only.
15 [§ 4133. Imprisonment] § 4134. Commitment for failure to pay
16 fine.
17 The court may order the sheriff or other proper officer of
18 any county to take into custody and commit to jail any person
19 fined for a contempt[,] until such fine shall be paid or
20 discharged. If [such person shall be] unable to pay such fine[,
21 he] such person may be committed to [prison] jail by the court
22 for not exceeding three months.
23 [§ 4134.] § 4135. Publication out of court.
24 (a) General rule.--[No publication] Publication out of court
25 respecting the conduct of judges, district justices, other
26 system or related personnel, jurors or participants in
27 connection with any matter pending before any tribunal shall not
28 be construed as a contempt of court on the part of the author,
29 publisher or other person connected with such publication.
30 (b) Civil and criminal liability not affected.--If any
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1 publication specified in subsection (a) shall improperly tend to
2 bias the minds of the public, or of the tribunal, other system
3 or related personnel, jurors or participants in connection with
4 any matter pending before any tribunal, any person [who may be]
5 aggrieved thereby may proceed against the persons responsible
6 for the publication by appropriate civil [or criminal] action or
7 criminal proceeding [as in other cases of wrongful publication].
8 [§ 4135. Criminal contempt] § 4136. Rights of persons charged
9 with certain indirect criminal contempts.
10 (a) General rule.--[In all cases where a] A person [shall
11 be] charged with indirect criminal contempt for violation of a
12 restraining order or injunction issued by a court [or judge, the
13 accused] shall enjoy:
14 (1) The rights [as to admission] to bail that are
15 accorded to persons accused of crime.
16 (2) The right to be notified of the accusation and a
17 reasonable time to make a defense, if the alleged contempt is
18 not committed in the immediate view or presence of the court.
19 (3) (i) Upon demand, the right to a speedy and public
20 trial by an impartial jury of the judicial district
21 wherein the contempt [shall] is alleged to have been
22 committed.
23 (ii) The requirement of subparagraph (i) shall not
24 be construed to apply to contempts:
25 (A) committed in the presence of the court or so
26 near thereto as to interfere directly with the
27 administration of justice, or to apply to the
28 misbehavior, misconduct, or disobedience of any
29 officer of the court in respect to the writs, orders,
30 or process of the court; or
19810S1206B1806 - 19 -
1 (B) subject to 75 Pa.C.S. § 4108(c) (relating to
2 nonjury criminal contempt proceedings).
3 (4) The right to file with the court a demand for the
4 withdrawal of the judge sitting in the proceeding, if the
5 alleged contempt arises from an attack upon the character or
6 conduct of such judge, and if the attack occurred otherwise
7 than in open court. Upon the filing of any such demand, the
8 judge shall thereupon proceed no further but another judge
9 shall be designated by the court. The demand shall be filed
10 prior to the hearing in the contempt proceeding.
11 (b) Punishment.--Except as otherwise provided in this title
12 or by statute hereafter enacted, punishment for a contempt
13 specified in subsection (a) may be by fine not exceeding $100 or
14 by imprisonment not exceeding 15 days in the jail of the county
15 where the court is sitting, or both, in the discretion of the
16 court. Where a person is committed to jail for the nonpayment of
17 such a fine, he shall be discharged at the expiration of 15
18 days, but where he is also committed for a definite time, the 15
19 days shall be computed from the expiration of the definite time.
20 § 4303. Effect of judgments and orders as liens.
21 (a) Real property.--Any judgment or other order of a court
22 of common pleas for the payment of money shall be a lien upon
23 real property on the conditions, to the extent and with the
24 priority provided by statute or prescribed by general rule
25 adopted pursuant to section 1722(b) (relating to enforcement and
26 effect of orders and process) when it is entered of record [and
27 indexed] in the office of the clerk of the court of common pleas
28 of the county where the real property is situated, or in the
29 office of the clerk of the branch of the court of common pleas
30 embracing such county.
19810S1206B1806 - 20 -
1 * * *
2 § 4503. Exemptions from jury duty.
3 (a) General rule.--No person shall be exempt or excused from
4 jury duty except the following:
5 (1) Persons in active service of the armed forces of the
6 United States or of the Commonwealth of Pennsylvania.
7 (2) Persons who have served within three years next
8 preceding on any jury except a person who served as a juror
9 for fewer than three days in any one year in which case the
10 exemption period shall be one year.
11 (3) Persons demonstrating to the court undue hardship or
12 extreme inconvenience may be excused permanently or for such
13 period as the court determines is necessary, and if excused
14 for a limited period shall, at the end of the period, [the
15 juror shall] be assigned to the next jury array.
16 (b) Challenges.--This [section] subchapter shall not affect
17 the existing practice with respect to peremptory challenges and
18 challenges for cause.
19 § 4521. Selection of prospective jurors.
20 (a) Preparation of master list of prospective jurors.--[In
21 order to accomplish the objectives of section 4501 (relating to
22 declaration of policy), the jury selection commission shall at]
23 At least annually the jury selection commission shall prepare a
24 master list of prospective jurors. The list shall contain all
25 voter registration lists for the county, which lists may be
26 incorporated by reference, or names from such other lists which
27 in the opinion of the commission will provide a number of names
28 of prospective jurors which is equal to or greater than the
29 number of names contained in the voter registration list. The
30 commission may, but will not be required to, supplement the
19810S1206B1806 - 21 -
1 [list which supplemental list may include but need not be
2 limited to those] master list of prospective jurors to include,
3 without being limited to, persons in any of the following
4 categories:
5 (1) Persons listed in telephone, city, municipal
6 directories and similar directories.
7 (2) Persons who pay taxes or are assessed for taxes
8 imposed by any political subdivisions. [Officials of
9 political subdivisions having custody, possession or control
10 of the tax assessment lists of names shall upon request of
11 the commission make such records available to the commission.
12 This paragraph shall not be construed to require or permit
13 any official having custody, possession or control of such
14 tax records to provide the commission with any information
15 other than the name, mailing address and municipality of
16 residence of such persons.]
17 (3) Persons in the county participating in any State,
18 county or local program authorized by law and, to the extent
19 such names are available, persons participating in any
20 Federal program authorized by law. [State and local officials
21 having custody, possession or control of such records bearing
22 the names and residences or mailing addresses of such persons
23 shall make them available to the commission for inspection,
24 reproduction and copying. This paragraph shall not be
25 construed to require or permit an official having custody,
26 possession or control of records of programs authorized by
27 law:
28 (i) to provide the commission with information other
29 than the name, mailing address and municipality of
30 residence of such persons; or
19810S1206B1806 - 22 -
1 (ii) to provide the commission or otherwise disclose
2 records or information which the Department of Justice by
3 regulation determines to be privileged from disclosure.]
4 (4) Persons who are on school census lists.
5 (5) Any other person whose name does not appear in the
6 master list of prospective jurors and who meets the
7 qualifications for jurors set forth in this chapter and who
8 makes application to the commission to be listed on the
9 master list of prospective jurors.
10 (b) Maintenance of and access to master list of prospective
11 jurors.--The group of names compiled as set forth in subsection
12 (a) shall constitute the master list of prospective jurors. The
13 list shall be open to the public for inspection.
14 (c) Selection of names for jury service.--At least once each
15 year the commission shall select at random from the master list
16 of prospective jurors the number of names designated by the
17 president judge[, which names shall be selected at random]
18 pursuant to court orders issued under section 4531 (relating to
19 issuance of court orders for jurors).
20 (d) Juror qualification form.--
21 (1) The commission may mail to each person whose name
22 has been selected in the manner set forth in subsection (c) a
23 juror qualification form devised by the commission in such
24 manner that the commission may determine from the answers to
25 the questions on the form whether or not the prospective
26 juror is qualified. The questions asked in such juror
27 qualification form shall be limited to matters reasonably
28 calculated to permit a determination of the person's
29 qualifications to serve as a juror.
30 (2) The juror qualification form shall be executed by
19810S1206B1806 - 23 -
1 the prospective juror and shall plainly and conspicuously
2 state thereon that its execution is subject to the penalty
3 for perjury. If the person is unable to fill out the form,
4 another person may fill it out for him, indicate that he has
5 done so, and the reason therefor. The prospective juror shall
6 mail or deliver the completed form to the commission.
7 (3) If the form does not appear to be properly executed,
8 the commission shall return the form to the prospective juror
9 with instructions to make such additions or corrections as
10 may be necessary and return it to the commission within the
11 time specified.
12 (4) Any person who fails to return the juror
13 qualification form as directed may be summoned by the
14 commission to appear at the offices of the commission to fill
15 out a juror qualification form or to resolve any ambiguity
16 contained therein.
17 (e) Selection in certain counties.--In those counties which
18 do not use the juror qualification form as provided for in
19 subsection (d), the selection of persons for jury service shall
20 be made in accordance with section 4524 (relating to selection
21 of jurors for service) and provision shall be made for the
22 collection of information with the summons in order to comply
23 with sections 4502 (relating to qualifications of jurors) and
24 4503 (relating to exemptions from jury duty).
25 (f) Compelling compliance with section.--On application by
26 the commission, the court shall compel compliance with
27 subsections (a)(2), (3) and (4) and (d). Officials of political
28 subdivisions and Commonwealth officials having custody,
29 possession or control of lists of names described in this
30 section shall, upon request of the commission, make such lists
19810S1206B1806 - 24 -
1 available to the commission for inspection, reproduction and
2 copying but shall not be required or permitted to:
3 (1) provide the commission with information other than
4 the name, mailing address and municipality of residence of
5 such person; or
6 (2) provide the commission with or otherwise disclose
7 records or information which the Attorney General by
8 regulation determines to be privileged from disclosure.
9 § 4527. Effect of verdict on jury selection errors.
10 Errors and omissions in the selection of jurors under this
11 subchapter shall not constitute grounds to set aside any jury
12 verdict in any civil or criminal matter or to arrest, reverse,
13 open or strike any judgment entered on a jury verdict and the
14 trial by jury and its rendition of a verdict in any matter shall
15 constitute a waiver of all such errors and omissions.
16 § 4532. Summoning persons to serve as jurors [for service].
17 [Jurors] Persons who have been selected for service as jurors
18 shall be summoned to serve in a manner determined by the jury
19 selection commission with the concurrence of the president
20 judge.
21 § 4561. Compensation of jurors.
22 (a) Compensation.--A [juror] person summoned to serve as a
23 juror shall receive compensation at the rate of $9 a day for the
24 first three days in any calendar year he shall be required to
25 report for service and $25 a day for each day thereafter in such
26 calendar year that such [juror] person is required to report. In
27 addition, [jurors] persons so summoned shall be [compensated for
28 mileage] paid a travel allowance at the rate of 17¢ per mile
29 circular except that no [mileage] travel allowance shall be paid
30 in the first judicial district.
19810S1206B1806 - 25 -
1 (b) State reimbursement.--The Commonwealth shall reimburse
2 each county 80% of the amount expended by the county for such
3 compensation and [mileage] travel allowance beyond the first
4 three days of service if the juror is participating in a trial
5 or in grand jury proceedings. Application for reimbursement
6 shall be made by the county to the State Treasurer through the
7 Administrative Office [on forms and] pursuant to [uniform]
8 procedures prescribed by said office. As used in this section,
9 trial participation shall include voir dire examination only if
10 such examination shall have commenced prior to the juror's
11 fourth day of service.
12 § 4563. Protection of employment of [jurors] petit and grand
13 jurors.
14 (a) General rule.--An employer shall not deprive an employee
15 of his employment, seniority position or benefits, or threaten
16 or otherwise coerce him with respect thereto, because the
17 employee receives a summons, responds thereto, serves as a juror
18 or attends court for prospective jury service. Nothing in this
19 section shall be construed to require the employer to compensate
20 the employee for employment time lost because of such jury
21 service.
22 (b) Penalty.--Any employer who violates subsection (a)
23 commits a summary offense.
24 (c) Civil remedy available.--If an employer penalizes an
25 employee in violation of subsection (a) the employee [within six
26 months after the violation occurs] may bring a civil action for
27 recovery of wages and [other] benefits lost as a result of the
28 violation and for an order requiring [his] the reinstatement of
29 the employee. Damages recoverable shall not exceed wages and
30 benefits actually lost. If he prevails, the employee shall be
19810S1206B1806 - 26 -
1 allowed a reasonable attorney's fee fixed by the court.
2 (d) Exception.--Subsection (a) shall not apply to any
3 employer in any retail or service industry employing fewer than
4 15 persons or any employer in any manufacturing industry
5 employing fewer than 40 persons.
6 (e) Right to excuse.--Any individual not entitled to
7 reemployment under subsection (a) shall, upon request to the
8 court, be excused from jury service.
9 [§ 4563.1. Protection of employment of grand jurors.
10 (a) General rule.--An employer shall not deprive an employee
11 of his employment, seniority position or benefits, or threaten
12 or otherwise coerce him with respect thereto, because the
13 employee receives a summons, responds thereto, serves as an
14 investigating grand juror or attends court for prospective
15 investigating grand jury service. Nothing in this section shall
16 be construed to require the employer to compensate the employee
17 for employment time lost because of such grand jury service.
18 (b) Criminal penalty.--Any employer who violates subsection
19 (a) commits a summary offense.
20 (c) Civil liability.--If any employer penalizes an employee
21 in violation of subsection (a) the employee may bring a civil
22 action for recovery of wages or benefits lost as a result of the
23 violation and for an order requiring the reinstatement of the
24 employee. Damages recoverable shall not exceed wages and
25 benefits actually lost. If he prevails, the employee shall be
26 allowed a reasonable attorney's fee fixed by the court.
27 (d) Exception.--Subsection (a) shall not apply to any
28 employer in any retail or service industry employing fewer than
29 15 persons or any employer in any manufacturing industry
30 employing fewer than 40 persons.
19810S1206B1806 - 27 -
1 (e) Right to excuse.--Any individual not entitled to
2 reemployment under subsection (a) shall, upon request to the
3 court, be excused from grand jury service.]
4 § 4565. [Competency of] Challenging certain petit jurors where
5 political subdivision is a party.
6 A person shall not be challenged for cause and excluded from
7 serving as a juror in any action or proceeding in which a
8 political subdivision is a party or is interested because such
9 person is or was an officer, rated citizen or inhabitant in such
10 political subdivision or owns assessed or taxable property or is
11 liable to the assessment or payment of taxes in such political
12 subdivision. This section shall not apply to peremptory
13 challenges of such persons.
14 § 5103. Transfer of erroneously filed matters.
15 (a) General rule.--If an appeal or other matter is taken to
16 or brought in a court or magisterial district of this
17 Commonwealth which does not have jurisdiction of the appeal or
18 other matter, the court or district justice shall not quash such
19 appeal or dismiss the matter, but shall transfer the record
20 thereof to the proper [court or magisterial district] tribunal
21 of this Commonwealth, where the appeal or other matter shall be
22 treated as if originally filed in the transferee [court or
23 magisterial district] tribunal on the date when the appeal or
24 other matter was first filed in a court or magisterial district
25 of this Commonwealth. A matter which is within the exclusive
26 jurisdiction of a court or district justice of this Commonwealth
27 but which is commenced in any other tribunal of this
28 Commonwealth shall be transferred by the other tribunal to the
29 proper court or magisterial district of this Commonwealth where
30 it shall be treated as if originally filed in the transferee
19810S1206B1806 - 28 -
1 court or magisterial district of this Commonwealth on the date
2 when first filed in the other tribunal.
3 (b) Federal cases.--
4 (1) Subsection (a) shall also apply to any matter
5 transferred or remanded by any United States court for a
6 district embracing any part of this Commonwealth. In order to
7 preserve a claim under Chapter 55 (relating to limitation of
8 time) a litigant who timely commences an action or proceeding
9 in any United States court for a district embracing any part
10 of this Commonwealth is not required to commence a protective
11 action in a court or before a district justice of this
12 Commonwealth. Where a matter is filed in any United States
13 court for a district embracing any part of this Commonwealth
14 and the matter is dismissed by the United States court for
15 lack of jurisdiction, any litigant in the matter filed may
16 transfer the matter to a court or magisterial district of
17 this Commonwealth by complying with the transfer provisions
18 set forth in paragraph (2).
19 (2) Except as otherwise prescribed by general rules, or
20 by order of the United States court, such transfer may be
21 effected by filing a certified transcript of the final
22 judgment of the United States court and the related pleadings
23 in a court or magisterial district of this Commonwealth. The
24 pleadings shall have the same effect as under the practice in
25 the United States court, but the transferee court or district
26 justice may require that they be amended to conform to the
27 practice in this Commonwealth. Section 5535(a)(2)(i)
28 (relating to termination of prior matter) shall not be
29 applicable to a matter transferred under this subsection.
30 (c) Interdivisional transfers.--If an appeal or other matter
19810S1206B1806 - 29 -
1 is taken to, brought in, or transferred to a division of a court
2 to which such matter is not allocated by law, the court shall
3 not quash such appeal or dismiss the matter, but shall transfer
4 the record thereof to the proper division of the court, where
5 the appeal or other matter shall be treated as if originally
6 filed in the transferee division on the date first filed in a
7 court or magisterial district.
8 (d) Definition.--As used in this section "tribunal" means a
9 court or district justice or other judicial officer of this
10 Commonwealth vested with the power to enter an order in a
11 matter, the Board of Claims, the Board of Property, the Office
12 of Administrator for Arbitration Panels for Health Care and any
13 other similar agency.
14 § 5105. Right to appellate review.
15 * * *
16 (f) Effect of reversal or modification.--The reversal or
17 modification of any order of a court or any determination of any
18 other government unit in a matter in which the court or
19 government unit has jurisdiction of the sale, mortgage, exchange
20 or conveyance of real or personal property shall not impair or
21 divest any estate or interest acquired thereunder by a person
22 not a party to the appeal.
23 § 5304. Documents.
24 The tribunals of this Commonwealth shall have jurisdiction
25 over documents [which are] situated within this Commonwealth
26 whether or not the persons owning or claiming interests therein
27 are subject to the jurisdiction of the tribunals of this
28 Commonwealth.
29 § 5501. Scope of chapter.
30 (a) General rule.--An action, proceeding or appeal must be
19810S1206B1806 - 30 -
1 commenced within the time specified in or pursuant to this
2 chapter unless, in the case of [an] a civil action or
3 proceeding, a different time is provided by this title or
4 another statute or[, in the case of a civil action or
5 proceeding,] a shorter time which is not manifestly unreasonable
6 is prescribed by written agreement.
7 * * *
8 § 5522. Six months limitation.
9 (a) Notice prerequisite to action against government unit.--
10 * * *
11 (2) If the statement provided for by this subsection is
12 not filed, any civil action or proceeding commenced against
13 the government unit more than six months after the date of
14 injury to person or property shall be dismissed and the
15 person to whom any such cause of action accrued for any
16 [personal] injury to person or property shall be forever
17 barred from proceeding further thereon within this
18 Commonwealth or elsewhere. The court shall excuse
19 [noncompliance] failure to comply with this requirement upon
20 a showing of reasonable excuse for failure to file such
21 statement.
22 * * *
23 (b) Commencement of action required.--The following actions
24 and proceedings must be commenced within six months:
25 (1) An action [against any officer of any government
26 unit for anything done in the execution of his office, except
27 an action subject to another limitation specified in this
28 subchapter] or proceeding to set aside a judicial sale of
29 property.
30 (2) A petition for the establishment of a deficiency
19810S1206B1806 - 31 -
1 judgment following sale of the collateral of the debtor under
2 the provisions of section 8103 (relating to deficiency
3 judgments).
4 (3) Any action subject to 13 Pa.C.S. § 6111 (relating to
5 limitation of actions and levies).
6 (4) An action under section [4563.1(c)] 4563(c)
7 (relating to civil [liability] remedy available).
8 § 5523. One year limitation.
9 The following actions and proceedings must be commenced
10 within one year:
11 (1) An action for libel, slander or invasion of privacy.
12 (2) [An action upon a statute for a civil penalty or
13 forfeiture, where the action is given to a person other than
14 a government unit.
15 (3)] An action upon a bond given as security by a party
16 in any matter, except a bond given by a condemnor in an
17 eminent domain proceeding.
18 [(4)] (3) An action upon any payment or performance
19 bond.
20 § 5524. Two year limitation.
21 The following actions and proceedings must be commenced
22 within two years:
23 (1) An action for assault, battery, false imprisonment,
24 false arrest, malicious prosecution or malicious abuse of
25 process.
26 (2) An action to recover damages for injuries to the
27 person or for the death of an individual caused by the
28 wrongful act or neglect or unlawful violence or negligence of
29 another.
30 (3) An action for taking, detaining or injuring personal
19810S1206B1806 - 32 -
1 property, including actions for specific recovery thereof.
2 (4) An action for waste or trespass of real property.
3 (5) An action upon a statute for a civil penalty or
4 forfeiture[, where the action is given to a government unit].
5 (6) An action against any officer of any government unit
6 for the nonpayment of money or the nondelivery of property
7 collected upon on execution or otherwise in his possession or
8 for anything done in the execution of his office, except an
9 action subject to another limitation specified in this
10 subchapter.
11 (7) Any other action or proceeding to recover damages
12 for injury to person or property which is founded on
13 negligent, intentional, or otherwise tortious conduct or any
14 other action or proceeding sounding in trespass, including
15 deceit or fraud, except an action or proceeding subject to
16 another limitation specified in this subchapter.
17 § 5525. Four year limitation.
18 The following actions and proceedings must be commenced
19 within four years:
20 * * *
21 (5) An action upon a judgment or decree of any court of
22 the United States or of any state.
23 (6) An action upon any official bond of a public
24 official, officer or employee.
25 (7) An action upon a negotiable or nonnegotiable bond,
26 note or other similar instrument in writing. Where such an
27 instrument is payable upon demand, the time within which an
28 action on it must be commenced shall be computed from the
29 later of either demand or any payment of principal of or
30 interest on the instrument.
19810S1206B1806 - 33 -
1 (8) An action upon a contract, obligation or liability
2 founded upon a writing not specified in paragraph (7), under
3 seal or otherwise, except an action subject to another
4 limitation specified in this subchapter.
5 § 5526. Five year limitation.
6 The following actions and proceedings must be commenced
7 within five years:
8 * * *
9 (4) A proceeding in inverse condemnation, if property
10 has been injured but no part thereof has been taken, or if
11 the condemnor has made payment in accordance with section
12 407(a) or (b) (relating to possession and payment of
13 compensation) of the act of June 22, 1964 (Sp.Sess., P.L.84,
14 No.6), known as the "Eminent Domain Code."
15 § 5527. Six year limitation.
16 [The following actions and proceedings must be commenced
17 within six years:
18 (1) An action upon a judgment or decree of any court of
19 the United States or of any state.
20 (2) An action upon a contract, obligation or liability
21 founded upon a bond, note or other instrument in writing,
22 except an action subject to another limitation specified in
23 this subchapter. Where an instrument is payable upon demand,
24 the time within which an action or proceeding on it must be
25 commenced shall be computed from the later of either demand
26 or any payment of principal of or interest on the instrument.
27 (3) An action upon any official bond.
28 (4) A proceeding in inverse condemnation, if property
29 has been injured but no part thereof has been taken, or if
30 the condemnor has made payment in accordance with section
19810S1206B1806 - 34 -
1 407(a) or (b) (relating to possession and payment of
2 compensation) of the act of June 22, 1964 (Sp.Sess., P.L.84,
3 No.6), known as the "Eminent Domain Code."
4 (5) An action to set aside a judicial sale of property.
5 (6)] Any civil action or proceeding which is neither
6 subject to another limitation specified in this subchapter
7 nor excluded from the application of a period of limitation
8 by section 5531 (relating to no limitation) must be commenced
9 within six years.
10 § 5529. Twenty year limitation.
11 * * *
12 (b) Instruments under seal.--
13 (1) Notwithstanding section [5527] 5525(7) (relating to
14 [six] four year limitation), an action [or proceeding] upon
15 an instrument in writing under seal must be commenced within
16 20 years.
17 (2) This subsection shall expire June 27, 1998.
18 § 5552. Other offenses.
19 * * *
20 (b) Major offenses.--A prosecution for any of the following
21 offenses [under Title 18 (relating to crimes and offenses)] must
22 be commenced within five years after it is committed:
23 (1) Under the following provisions of Title 18 (relating
24 to crimes and offenses):
25 Section 3123 (relating to involuntary deviate sexual
26 intercourse).
27 Section 3301 (relating to arson and related
28 offenses).
29 Section 3502 (relating to burglary).
30 Section 3701 (relating to robbery).
19810S1206B1806 - 35 -
1 Section 4101 (relating to forgery).
2 Section 4902 (relating to perjury).
3 (2) Under the act of June 13, 1967 (P.L.31, No.21),
4 known as the "Public Welfare Code."
5 * * *
6 § 5946. Competency of certain witnesses [and jurors] where
7 political subdivision is a party.
8 [No] A person shall not be excluded from being a witness [or
9 juror] in any action or proceeding in which a political
10 subdivision is a party or is interested [by reason of] because
11 such person [being or having been] is or was an officer, rated
12 citizen or inhabitant in such political subdivision[,] or
13 [owning] owns assessed or taxable property[,] or [being] is
14 liable to the assessment or payment of [any tax therein] taxes
15 in such political subdivision.
16 § 5974. Summoning prisoner in this Commonwealth to testify in
17 another state.
18 (a) Certification.--A judge of a state court of record in
19 another state, which by its laws has made provision for
20 commanding persons confined in penal institutions within that
21 state to attend and testify in this Commonwealth, may certify:
22 (1) that there is a criminal proceeding or investigation
23 by a grand jury or a criminal action pending in the court;
24 (2) that a person who is confined in a penal institution
25 in this Commonwealth may be a material witness in the
26 proceeding, investigation or action; and
27 (3) that his presence will be required during a
28 specified time.
29 (b) Hearing.--Upon presentation of the certificate to any
30 court having jurisdiction over the person confined and upon
19810S1206B1806 - 36 -
1 notice to the [Department of Justice] Bureau of Correction, the
2 court in this Commonwealth shall fix a time and place for a
3 hearing and shall make an order, directed to the person having
4 custody of the prisoner, requiring that the prisoner be produced
5 before it at the hearing.
6 § 6106. Certified exemplifications of records.
7 Whenever provision is made by law for recording or filing in
8 a public office any document, the record thereof made, and
9 exemplifications of the document lawfully certified, shall be
10 legal evidence in all matters in which the document would be
11 competent [testimony] evidence.
12 § 6143. Registration number as evidence of operation of
13 vehicle.
14 (a) General rule.--In any action or proceeding for the
15 recovery of a civil penalty for an infraction of the provisions
16 of any law relating to the ownership or operation of any
17 conveyance by air, land or water or any game or fish law or any
18 local ordinance, rule or regulation relating thereto, the
19 registration number displayed on a conveyance shall sustain an
20 inference that the person to whom the registration number was
21 officially assigned is the owner of the conveyance and was then
22 operating the conveyance.
23 * * *
24 § 6701. Scope of subchapter.
25 [The] Actions or proceedings provided by this subchapter are
26 in addition to and not in substitution of actions or proceedings
27 provided by [law] unsuspended statutes where there is desertion
28 or a failure [of] to perform a duty to support.
29 § 6702. Definitions.
30 The following words and phrases when used in this subchapter
19810S1206B1806 - 37 -
1 shall have, unless the context clearly indicates otherwise, the
2 meanings given to them in this section:
3 "Complaint." [Includes any petition, information, affidavit
4 or any other] The legal document prescribed by general rules for
5 the commencement of support actions or proceedings.
6 "Duty of support." Includes any duty of support imposed or
7 imposable by law or by any court order, whether interlocutory or
8 final, whether incidental to a proceeding for divorce, legal
9 separation, separate maintenance, prosecution for failure to
10 support a child born out of lawful wedlock, support of a child
11 born out of lawful wedlock, or otherwise.
12 "Initiating county." Any county in which any action or
13 proceeding pursuant to this subchapter is commenced.
14 "Probation officer." Includes any officer now or hereafter
15 serving in any court at the direction of the court in the
16 domestic relations section of the court and to whom is assigned
17 the enforcement of the duty to support.
18 "Responding county." Any county (including the initiating
19 county) in which any action or proceeding pursuant to the
20 proceeding in the initiating county is or may be commenced.
21 § 6704. Commencement of support actions or proceedings.
22 (a) General rule.--A support action or proceeding under this
23 subchapter shall be commenced [by the filing of a verified
24 complaint which shall set forth:
25 (1) The name and address of the complainant.
26 (2) The name and address of the defendant.
27 (3) The date and place of marriage if married, or if
28 unmarried the date and place of birth of each child born out
29 of lawful wedlock.
30 (4) The names and ages of any children.
19810S1206B1806 - 38 -
1 (5) Date and circumstances of separation or failure to
2 support.
3 (6) Employment of defendant and earnings.
4 (7) Amount of public assistance.
5 (8) Amount of support asked.
6 The complaint may contain any information to aid the locating or
7 identification of a defendant including, but without limitation,
8 by enumeration, a photograph of the defendant, a description of
9 any distinguishing marks of or on his person, other names and
10 aliases by which he has been or is known, his financial status,
11 fingerprints and Social Security number, and any order of
12 support in any other court.
13 (b) Moving party.--A complaint may be filed by any person,
14 including a minor spouse, to whom a duty of support is owing. It
15 shall be filed on behalf of a minor child by a person having
16 custody of the minor, without appointment as guardian ad litem.
17 It may be filed by any public body or public or private agency
18 having any interest in the care, maintenance or assistance of
19 any person to whom a duty of support is owing.
20 (c) Order for hearing.--Every complaint shall be accompanied
21 by an order directing the defendant to appear for hearing at a
22 time and place as specified in such order.
23 (d) Service.--Every complaint and order may be served by
24 registered or certified mail or by any adult person or by any
25 other manner provided or prescribed by law.] in the manner
26 prescribed by general rules.
27 [(e)] (b) Limitation of actions.--All actions or proceedings
28 to establish the paternity of a child born out of wedlock
29 brought under this section must be commenced within six years of
30 the birth of the child, except where the reputed father shall
19810S1206B1806 - 39 -
1 have voluntarily contributed to the support of the child or
2 shall have acknowledged in writing his paternity, in which case
3 an action or proceeding may be commenced at any time within two
4 years of any such contribution or acknowledgement by the reputed
5 father.
6 [(f)] (c) Character of action.--An action or proceeding
7 brought under this subchapter shall be a civil action governed
8 by general rules applicable to civil matters.
9 [(g)] (d) Trial of paternity.--Where the paternity of a
10 child born out of wedlock is disputed, the determination of
11 paternity shall be made by the court without a jury unless
12 either party demands trial by jury. The trial, whether or not a
13 trial by jury is demanded, shall be a civil trial and there
14 shall be no right to a criminal trial on the issue of paternity.
15 The burden of proof shall be by a preponderance of the evidence.
16 § 6705. Failure of defendant to appear.
17 (a) General rule.--A defendant who willfully fails or
18 refuses to appear in response to a duly served order or other
19 process under this subchapter may[, after hearing], as
20 prescribed by general rule, be adjudged in contempt and
21 committed to [prison] JAIL by the court for not exceeding six <--
22 months.
23 (b) Philadelphia cases.--In any county of the first class
24 the defendant named in the order or other process shall be
25 brought before the court forthwith, but in any event within 48
26 hours or two court working days, whichever is the longer, after
27 the defendant is taken into custody, for the purpose of hearing
28 on the issue of contempt of the order or other process involved.
29 § 6706. [Order] Payee of order of support.
30 [(a) Effective date.--An order of support may be made
19810S1206B1806 - 40 -
1 effective from the date of the filing of the complaint.
2 (b) Payee.--]An order of support of any person shall direct
3 payment to be made payable to or payment to be made to the
4 domestic relations section, for transmission to the complainant
5 or for transmission directly to a public body or public or
6 private agency, whenever the care, maintenance and assistance of
7 such person is provided for by such public body or public or
8 private agency.
9 § 6707. [Surety] SECURITY for attendance or performance. <--
10 (a) General rule.--At any stage of the proceedings under
11 this subchapter, upon affidavit filed that the defendant is
12 about to leave the [Commonwealth,] territorial jurisdiction of <--
13 the court, OR THE JUDICIAL DISTRICT the court may, as prescribed <--
14 by general rule, issue appropriate process [may be issued]
15 directing that the defendant be brought before the court [at
16 such time as the court may direct, at which time the court may]
17 and may direct that the defendant give security[, by one or more
18 sureties,] to appear when directed by the court or to comply
19 with any order of the court.
20 (b) Philadelphia cases.--In any county of the first class
21 the hearing shall be fixed as provided in section 6705(b)
22 (relating to Philadelphia cases).
23 § 6708. Enforcement of support orders.
24 (a) General rule.--A defendant who willfully fails to comply
25 with any order under this subchapter, except an order subject to
26 section 6705 (relating to failure of defendant to appear), may[,
27 after hearing], as prescribed by general rule, be adjudged in
28 contempt and committed to [prison] JAIL by the court. <--
29 (b) Philadelphia cases.--In any county of the first class:
30 (1) The hearing shall be fixed as provided in section
19810S1206B1806 - 41 -
1 6705(b) (relating to Philadelphia cases).
2 (2) The commitment to [prison] JAIL may not exceed six <--
3 months.
4 (3) The order shall state the condition which upon
5 fulfillment will result in the release of the defendant.
6 § 6709. Procedure to attach wages, etc.
7 The wages, salary or commissions of any person owing a duty
8 of support may be attached in the [following] manner[:
9 (1) A certified copy of the order of support shall be
10 served on the employer, whether a government unit or private
11 person, and may be served by registered or certified mail or
12 by any adult person or by any other manner provided or
13 prescribed by law.
14 (2) Such certified copy of the order shall contain an
15 order directing the employer to make a full answer, within
16 ten days after services of the order, of the amount of wages,
17 salary or commissions of the defendant, and further directing
18 the employer to make no payment to the defendant of over 50%
19 of the amount due to him until further order of the court.
20 (3) The court shall determine the amount of the wages,
21 salary or commissions which shall be regularly paid by the
22 employer to the domestic relations section and shall so
23 notify said employer.
24 (4) Thereafter, it shall be the duty of the employer to
25 pay such amount regularly to the domestic relations section,
26 and upon failure so to pay such employer shall be in contempt
27 and subject to the order of the court as otherwise provided
28 in this subchapter with respect to proceedings against the
29 defendant.] prescribed by general rule. The employer may
30 deduct from the wages, salary or commissions of the defendant
19810S1206B1806 - 42 -
1 2% of the amount paid under the order [from the wages of the
2 defendant] for [clerical work and] reimbursement of expense
3 involved in complying [therewith] with the order.
4 [(5) Such attachment shall continue until dissolved by
5 order of the court.]
6 § 6712. Duties of court in initiating county.
7 If the court of the county acting as an initiating county
8 finds that the complaint sets forth facts from which it may be
9 determined that the defendant owes a duty of support or the
10 defendant is in default in payment on an order of support, and
11 that jurisdiction cannot be obtained over the defendant or his
12 property as prescribed by general rules or that there has been
13 an election to proceed under this section, and that the court of
14 the responding county may obtain jurisdiction of the defendant
15 or his property, it shall so certify to the responding county
16 and shall cause three copies of the complaint or order and its
17 certification to be transmitted to the court in the responding
18 county.
19 § 7102. Comparative negligence.
20 * * *
21 (d) Definitions.--As used in this section the following
22 words and phrases shall have the meanings given to them in this
23 subsection:
24 "Defendant or defendants against whom recovery is sought."
25 Includes impleaded defendants.
26 "Plaintiff." Includes counterclaimants and cross-claimants.
27 § 7342. Procedure.
28 (a) General rule.--The following provisions of Subchapter A
29 (relating to statutory arbitration) shall be applicable to
30 arbitration conducted pursuant to this subchapter:
19810S1206B1806 - 43 -
1 Section 7303 (relating to validity of agreement to
2 arbitrate).
3 Section 7304 (relating to court proceedings to compel or
4 stay arbitration).
5 Section 7305 (relating to appointment of arbitrators by
6 court).
7 Section 7309 (relating to witnesses, subpoenas, oaths and
8 depositions).
9 Section 7317 (relating to form and service of
10 applications to court).
11 Section 7318 (relating to court and jurisdiction).
12 Section 7319 (relating to venue of court proceedings).
13 Section 7320 (relating to appeals from court orders),
14 except subsection (a)(4).
15 (b) Confirmation and judgment.--On application of a party
16 made more than 30 days after an award is made by an arbitrator
17 under section 7341 (relating to common law arbitration) the
18 court shall enter an order confirming the award and shall enter
19 a judgment or decree in conformity with the order. Section
20 7302(d)(2) (relating to special application) shall not be
21 applicable to proceedings under this subchapter.
22 CHAPTER 77 <--
23 TRIAL
24 [(RESERVED)]
25 SEC.
26 7701. PROCEDURES, MOTIONS AND OTHER MATTERS.
27 7702. COMMENCEMENT AND TERMINATION OF TRIAL.
28 § 7701. PROCEDURES, MOTIONS AND OTHER MATTERS.
29 ALL PROCEDURES, MOTIONS AND OTHER MATTERS RELATING TO THE
30 TRIAL, BY JURY OR OTHERWISE, OF ANY CIVIL ACTION OR PROCEEDING,
19810S1206B1806 - 44 -
1 TRIAL DE NOVO AND RETURNS ON CERTIORARI FROM THE MINOR JUDICIARY
2 SHALL BE CONDUCTED IN THE MANNER, AT THE TIMES, ON THE TERMS AND
3 CONDITIONS AND IN THE FORM PRESCRIBED BY GENERAL RULES.
4 § 7702. COMMENCEMENT AND TERMINATION OF TRIAL.
5 THE TRIAL OF A CIVIL ACTION OR PROCEEDING SHALL BE DEEMED TO
6 COMMENCE AND TERMINATE AT THE TIMES OR ON THE OCCURRENCE OF
7 EVENTS PRESCRIBED BY GENERAL RULES.
8 CHAPTER 79
9 POST-TRIAL MATTERS
10 [(RESERVED)]
11 SEC.
12 7901. PROCEDURES, MOTIONS AND OTHER MATTERS.
13 § 7901. PROCEDURES, MOTIONS AND OTHER MATTERS.
14 ALL POST-TRIAL PROCEDURES, MOTIONS AND OTHER MATTERS RELATING
15 TO ANY CIVIL ACTION OR PROCEEDING, TRIAL DE NOVO AND RETURNS ON
16 CERTIORARI FROM THE MINOR JUDICIARY SHALL BE CONDUCTED IN THE
17 MANNER, AT THE TIMES, ON THE TERMS AND CONDITIONS AND IN THE
18 FORM PRESCRIBED BY GENERAL RULES.
19 AMEND BILL, PAGE 47, BY INSERTING AFTER LINE 30
20 CHAPTER 93
21 TRIAL
22 [(RESERVED)]
23 SEC.
24 9301. PROCEDURES, MOTIONS AND OTHER MATTERS.
25 9302. COMMENCEMENT AND TERMINATION OF TRIAL.
26 § 9301. PROCEDURES, MOTIONS AND OTHER MATTERS.
27 ALL PROCEDURES, MOTIONS AND OTHER MATTERS RELATING TO THE
28 TRIAL, BY JURY OR OTHERWISE, OF ANY CRIMINAL PROCEEDING SHALL BE
29 CONDUCTED IN THE MANNER, AT THE TIMES, ON THE TERMS AND
19810S1206B1806 - 45 -
1 CONDITIONS AND IN THE FORM PRESCRIBED BY GENERAL RULES.
2 § 9302. COMMENCEMENT AND TERMINATION OF TRIAL.
3 THE TRIAL OF A CRIMINAL PROCEEDING SHALL BE DEEMED TO
4 COMMENCE AND TERMINATE AT THE TIMES OR ON THE OCCURRENCE OF
5 EVENTS PRESCRIBED BY GENERAL RULES.
6 CHAPTER 95
7 POST-TRIAL MATTERS
8 [(RESERVED)]
9 SEC.
10 9501. PROCEDURES, MOTIONS AND OTHER MATTERS.
11 § 9501. PROCEDURES, MOTIONS AND OTHER MATTERS.
12 ALL POST-TRIAL PROCEDURES, MOTIONS AND OTHER MATTERS RELATING
13 TO ANY CRIMINAL PROCEEDING SHALL BE CONDUCTED IN THE MANNER, AT
14 THE TIMES, ON THE TERMS AND CONDITIONS AND IN THE FORM
15 PRESCRIBED BY GENERAL RULES.
16 § 8123. General monetary exemption.
17 (a) General rule.--In addition to any other property
18 specifically exempted by this subchapter, property of the
19 judgment debtor [to the value of $300,] (including bank notes,
20 money, securities, real property, judgments or other
21 indebtedness due the judgment debtor[,]) to the value of $300
22 shall be exempt from attachment or execution on a judgment.
23 Within such time as may be prescribed by general rules the
24 judgment debtor may claim the exemption in kind and may
25 designate the specific items of property to which the exemption
26 provided by this section shall be applicable[,] unless the
27 designated property is not capable of appropriate division, or
28 the judgment debtor may claim the exemption in cash out of the
29 proceeds of the sale.
30 * * *
19810S1206B1806 - 46 -
1 (c) [Reduction.--The] Executions issued by minor
2 judiciary.--As to executions issued by the minor judiciary the
3 amount of the exemption specified in subsection (a) shall[, as
4 to executions issued by the minor judiciary,] be reduced by the
5 value of any real or personal property of the judgment debtor
6 which is generally subject to attachment or [levy and sale upon]
7 execution but which by law is not subject [thereto upon] to
8 attachments or executions issued by the minor judiciary.
9 § 8124. Exemption of particular property.
10 * * *
11 (c) Insurance proceeds.--The following property or other
12 rights of the judgment debtor shall be exempt from attachment or
13 execution on a judgment:
14 * * *
15 (9) Certain amounts paid, provided or rendered under the
16 provisions of section 106(f) of the act of July 19, 1974
17 (P.L.489, No.176), known as the "Pennsylvania No-fault Motor
18 Vehicle Insurance Act."
19 (10) Certain amounts paid, provided or rendered under
20 the provisions of section 703 of the act of December 5, 1936
21 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
22 "Unemployment Compensation Law."
23 § 8127. Personal earnings exempt from process.
24 [(a) General rule.--]The wages, salaries and commissions of
25 individuals shall while in the hands of the employer be exempt
26 from any attachment, execution or other process except upon an
27 action or proceeding [for support or for board for four weeks or
28 less.
29 (b) Transfer of claim to avoid policy of the Commonwealth.--
30 It shall be unlawful for any creditor or obligee to commence an
19810S1206B1806 - 47 -
1 action on or to transfer any claim against a resident of this
2 Commonwealth for the purpose of having such claim collected by
3 proceedings in a forum which accords such resident less
4 favorable exemptions from attachment or execution than are
5 accorded by this Commonwealth, or for the purpose of depriving
6 such resident of the right to have his personal earnings while
7 in the hands of his employer exempt from application to the
8 payment of his debts.
9 (c) Remedy.--In addition to remedy by injunction or
10 otherwise, a resident of this Commonwealth who is aggrieved by
11 any action by a creditor or obligee in violation of subsection
12 (b) shall have a right of action against the creditor or obligee
13 for treble the amount recovered from such resident in violation
14 of this section and reasonable counsel fees. The transfer of any
15 claim against the resident and the commencement of any action
16 thereon outside this Commonwealth shall be prima facie evidence
17 of a purpose to violate the provisions of subsection (b).]:
18 (1) For support.
19 (2) For board for four weeks or less.
20 (3) Under section 4(11) of the act of August 7, 1963
21 (P.L.549, No.290), referred to as the Pennsylvania Higher
22 Education Assistance Agency Act.
23 § 8128. Transfer of claim to avoid policy of Commonwealth.
24 (a) General rule.--It shall be unlawful for any creditor or
25 obligee to commence an action on or to transfer any claim
26 against a resident of this Commonwealth for the purpose of
27 having such claim collected by proceedings in a forum which
28 accords such resident less favorable exemptions from attachment
29 or execution than are accorded by this Commonwealth, or for the
30 purpose of depriving such resident of the right to have his
19810S1206B1806 - 48 -
1 personal earnings while in the hands of his employer exempt from
2 application to the payment of his debts.
3 (b) Remedy.--In addition to remedy by injunction or
4 otherwise, a resident of this Commonwealth who is aggrieved by
5 any action by a creditor or obligee in violation of subsection
6 (a) shall have a right of action against the creditor or obligee
7 for treble the amount recovered from such resident in violation
8 of this section and reasonable counsel fees. The transfer of any
9 claim against the resident and the commencement of any action
10 thereon outside this Commonwealth shall be prima facie evidence
11 of a purpose to violate the provisions of subsection (a).
12 § 8301. Death action.
13 (a) General rule.--An action may be brought, under
14 procedures prescribed by general rules, to recover damages for
15 the death of an individual caused by the wrongful act or neglect
16 or unlawful violence or negligence of another if no action for
17 damages was brought by the injured individual during his
18 lifetime.
19 * * *
20 (c) Special damages.--[The plaintiff in] In an action
21 brought under subsection (a) the plaintiff shall be entitled to
22 recover, in addition to other damages, damages for reasonable
23 hospital, nursing, medical, funeral expenses and expenses of
24 administration necessitated by reason of injuries causing death.
25 (d) Action by personal representative.--If no person is
26 eligible to recover damages under subsection (b) [to bring an
27 action under this section], the personal representative of the
28 deceased may bring an action [for the] to recover damages
29 [expressly specified in subsection (c)] for reasonable hospital,
30 nursing, medical, funeral expenses and expenses of
19810S1206B1806 - 49 -
1 administration necessitated by reason of injuries causing death.
2 § 9755. Sentence of partial confinement.
3 * * *
4 (g) Prisoner release plans.--This section shall not be
5 interpreted as [in any way] limiting the authority of the
6 [Department of Justice] Bureau of Correction as set forth in the
7 act of July 16, 1968 (P.L.351, No.173), as amended, relating to
8 prisoner pre-release centers and release plans, or the authority
9 of the court as set forth in the act of August 13, 1963
10 (P.L.774, No.390), as amended, relating to prisoner release for
11 occupational and other purposes.
12 § 9756. Sentence of total confinement.
13 * * *
14 (d) Prisoner release plans.--This section shall not be
15 interpreted as [in any way] limiting the authority of the
16 [Department of Justice] Bureau of Correction as set forth in the
17 act of July 16, 1968 (P.L.351, No.173), as amended, relating to
18 prisoner pre-release centers and release plans, or the authority
19 of the court as set forth in the act of August 13, 1963
20 (P.L.774, No.390), as amended, relating to prisoner release for
21 occupational and other purposes.
22 Section 202. Conforming amendments to Title 30.--Sections
23 924, 926 and 930 of Title 30 are amended to read:
24 § 924. Costs for summary offenses.
25 [(a) General rule.--Except as provided in subsection (b),
26 any] Any person convicted of a summary offense under this title
27 shall, in addition to the fine imposed, be sentenced to pay [$10
28 as costs of the issuing authority which costs shall include all
29 charges including, when called for, the costs of postage and
30 registered or certified mail and the costs of giving a
19810S1206B1806 - 50 -
1 transcript to the prosecutor or defendant, or both, if
2 requested.
3 (b) Conviction after hearing.--Where the person charged with
4 a summary offense under this title demands a hearing, the costs
5 of the issuing authority shall be $15, which costs shall include
6 all charges including the charges specified in subsection (a).]
7 costs as provided or prescribed by or pursuant to 42 Pa.C.S. Ch.
8 17 (relating to governance of the system).
9 § 926. Disposition of fines and penalties.
10 (a) General rule.--Subject to any inconsistent procedures
11 and standards relating to reports and transmission of funds
12 prescribed pursuant to Title 42 (relating to judiciary and
13 judicial procedure) and related penalties:
14 (1) Fines recovered in cases where the prosecutor is a
15 salaried officer of the commission shall be immediately
16 surrendered by the court receiving the fines to the
17 prosecutor who, within 30 days of receipt, shall forward the
18 fines and penalties to the executive director.
19 (2) Where any officer of this Commonwealth other than a
20 salaried officer is the prosecutor, the fines and penalties
21 shall, as soon as the case is fully determined, be forwarded
22 by the court to the executive director through the district
23 waterways patrolman, together with a statement of the cause
24 for which the fines were collected.
25 (3) All fines received [by the executive director] under
26 this section shall be paid [monthly] into the State Treasury
27 for the use of the Fish Fund or Boat Fund, as appropriate.
28 (b) Penalty.--Any person failing to forward fines in
29 accordance with this section commits a summary offense of the
30 first degree.
19810S1206B1806 - 51 -
1 § 930. Arrest of nonresident.
2 Subject to any inconsistent regulations prescribed pursuant
3 to 42 Pa.C.S. § 3502 (relating to financial regulations):
4 [(a)] (1) General rule.--Upon the arrest, apprehension or
5 citation of a nonresident of this Commonwealth for any
6 violation of this title that is a summary offense, the
7 waterways patrolman or deputy waterways patrolman shall,
8 unless the defendant elects to acknowledge guilt in
9 accordance with section 925 (relating to acknowledgment of
10 guilt and receipts for payment), escort the defendant to the
11 appropriate issuing authority for a hearing, posting of bond
12 or payment of the applicable fine and costs, unless the
13 defendant chooses to place the amount of the applicable fine
14 and costs in a stamped envelope addressed to the appropriate
15 issuing authority and mails the envelope in the presence of
16 the waterways patrolman or deputy waterways patrolman.
17 [(b)] (2) Procedure upon payment by mail.--If the defendant
18 mails the amount of fine and costs prescribed in [subsection
19 (a)] paragraph (1), he shall indicate on an accompanying form
20 whether the payment constitutes a bond for a hearing based on
21 a plea of not guilty or a fine based upon a plea of guilty in
22 lieu of acknowledging guilt under section 925. If the plea is
23 not guilty, the waterways patrolman or deputy waterways
24 patrolman shall notify the issuing authority by telephone and
25 the issuing authority shall schedule a hearing for the
26 following day (excluding Saturdays, Sundays or legal
27 holidays), unless the defendant requests a continuance, in
28 which case a hearing shall be scheduled to accommodate the
29 defendant, the waterways patrolman or deputy waterways
30 patrolman and the issuing authority.
19810S1206B1806 - 52 -
1 [(c)] (3) Form of payment.--The amount of fine and costs may
2 be paid in cash, personal or other check, credit card or
3 guaranteed arrest bond[, except that the Court Administrator
4 of Pennsylvania may enlarge or restrict the type of payment
5 which may be made by mail].
6 [(d)] (4) Receipt for payment.--The waterways patrolman or
7 deputy waterways patrolman shall give the defendant a receipt
8 for payment, a copy of which shall be mailed with the payment
9 and a copy retained by the officer.
10 Section 203. Conforming amendments to Title 66.--Title 66 is
11 amended by adding a section to read:
12 § 902. Reliance on orders pending judicial review.
13 The issue or assumption of securities registered by the
14 commission, the performance of any contract or arrangement
15 approved by the commission and any other act by a person or
16 corporation shall be subject to the provisions of 42 Pa.C.S. §
17 5105(f) (relating to effect of reversal or modification) insofar
18 as relates to any sale, mortgage, exchange or conveyance subject
19 to the jurisdiction of the commission.
20 ARTICLE III
21 REPEALS OF INCONSISTENT LEGISLATION
22 Section 301. Act No. 176 of 1929.--Section 1104 and as much
23 as reads "in quo warranto" of the first sentence and as much as
24 reads "for other proceedings in quo warranto" of the second
25 sentence of section 1711, act of April 9, 1929 (P.L.343,
26 No.176), known as "The Fiscal Code," are repealed.
27 Section 302. Act No. 155 of 1933 as affected by Act No. 283
28 of 1955.--As much as reads "of common pleas of the county within
29 which such property is situated, or the County Court of
30 Allegheny County, as the case may be, and, for that purpose, may
19810S1206B1806 - 53 -
1 present to said court or file in the prothonotary's office or in
2 the office of the clerk of the County Court of Allegheny County,
3 within sixty days, after the county commissioners, acting as a
4 board of revision, or the board of revision of taxes, or the
5 board for the assessment and revision of taxes, or the Board of
6 Property Assessment, Appeals and Review, in counties of the
7 second class, as the case may be, have held the appeals provided
8 for by this or any other act of Assembly and acted on the said
9 assessments and valuations, a petition signed by him, his agent
10 or attorney, setting forth the facts of the case" of the first
11 sentence of section 518.1, act of May 22, 1933 (P.L.853,
12 No.155), known as "The General County Assessment Law," is
13 repealed.
14 Section 303. Act No. 1 of 1936 (2nd Sp.Sess.) as affected by
15 Act No. 108 of 1980.--Section 510.1, act of December 5, 1936
16 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the "Unemployment
17 Compensation Law," is repealed. The notice of the board to the
18 parties and the department under section 504 of the act of the
19 final decision of the board and the reasons therefor shall
20 constitute a final order of the board for purposes of judicial
21 review, which order shall be subject to judicial review within
22 the time and in the manner provided or prescribed by law.
23 Judicial review may be sought under the act only after the party
24 seeking review has exhausted its remedies before the board.
25 Section 304. Act No. 394 of 1937 as affected by Act No. 157
26 of 1980.--As much as reads "Such proceedings may be prosecuted
27 in the Commonwealth Court, or in the court of common pleas of
28 the county where the activity has taken place, the condition
29 exists, or the public is affected, and to that end jurisdiction
30 is hereby conferred in law and equity upon such courts:" of the
19810S1206B1806 - 54 -
1 third sentence of subsection (a) and the entire last sentence of
2 subsection (c) of section 601 and the entire first sentence of
3 section 603, act of June 22, 1937 (P.L.1987, No.394), known as
4 "The Clean Streams Law" are repealed.
5 Section 305. Act No. 294 of 1939.--Section 12, act of June
6 21, 1939 (P.L.626, No.294), entitled "An act providing for and
7 regulating the assessment and valuation of all subjects of
8 taxation in counties of the second class; creating and
9 prescribing the powers and duties of the Board of Property
10 Assessment, Appeals and Review; imposing duties on certain
11 county and city officers; abolishing the board for the
12 assessment and revision of tax in such counties; and
13 prescribing penalties," is repealed.
14 Section 306. Act No. 404 of 1939.--Section 15, act of June
15 27, 1939 (P.L.1199, No.404), entitled "An act relating to the
16 assessment of real and personal property and other subjects of
17 taxation in counties of the first class; providing for the
18 appointment of members of the board of revision of taxes by the
19 judges of the courts of common pleas; providing for the
20 appointment, by the board, of personal property assessors, real
21 estate assessors and assistant real estate assessors, clerks and
22 other employes; fixing the salaries of members of the board,
23 assessors and assistant assessors, and providing for the payment
24 of salaries and expenses from the county treasury; prescribing
25 the powers and duties of the board and of the assessors, the
26 time and manner of making assessments, of the revision and
27 notice of assessments and of appeals therefrom; prescribing the
28 records of assessments; and repealing existing laws," is
29 repealed.
30 Section 307. Act No. 254 of 1943.--As much as reads "of
19810S1206B1806 - 55 -
1 common pleas of the county within which such property is
2 situated, and for that purpose may present to said court, or
3 file in the prothonotary's office within sixty days after the
4 board entered its order on the said assessment, a petition
5 signed by him, his agent or attorney, setting forth the facts of
6 the case," of the first sentence of section 704, act of May 21,
7 1943 (P.L.571, No.254), known as "The Fourth to Eighth Class
8 County Assessment Law," is repealed.
9 Section 308. Act No. 418 of 1945 as affected by Act No. 155
10 of 1980.--The last sentence of section 18.3(a) and the first
11 sentence of section 18.5(e), act of May 31, 1945 (P.L.1198,
12 No.418), known as the "Surface Mining Conservation and
13 Reclamation Act," are repealed.
14 Section 309. Act No. 21 of 1951 as affected by Act No. 221
15 of 1980.--As much as reads ", during which time such
16 manufacturer may take an appeal as provided for in this act" of
17 the second sentence and the entire third sentence of subsection
18 (e) and all of subsection (i) of section 444, act of April 12,
19 1951 (P.L.90, No.21), known as the "Liquor Code," are repealed.
20 Section 310. Act No. 130 of 1955 as affected by Act No. 323
21 of 1968.--As much as reads "within ten days from the mailing of
22 such notice" and "to the court of quarter sessions" of the third
23 sentence of section 2199, act of August 9, 1955 (P.L.323,
24 No.130), known as "The County Code," is repealed. The third
25 sentence of section 2199 is also repealed insofar as relates to
26 supersedeas on appeal to a court having appellate jurisdiction
27 of the court of initial jurisdiction.
28 Section 311. Act No. 1 of 1966 (1st Sp.Sess.) as affected by
29 Act No. 156 of 1980.--As much as reads "Commonwealth Court and"
30 and "of common pleas" of subsection (a) and the entire last
19810S1206B1806 - 56 -
1 sentence of subsection (b) of section 13 and the entire first
2 sentence of section 17(e), act of April 27, 1966 (1st. Sp.Sess.,
3 P.L.31, No.1), known as "The Bituminous Mine Subsidence and Land
4 Conservation Act," are repealed.
5 Section 312. Act No. 21 of 1967 as affected by Act No. 105
6 of 1980.--As much as reads "in the court of common pleas" of
7 clause (4) and as much as reads "in the court of common pleas"
8 of the last sentence of clause (5) of section 1408(c) and as
9 much of section 1411 as relates to limitation of time when
10 criminal prosecutions may be brought, act of June 13, 1967
11 (P.L.31, No.21), known as the "Public Welfare Code," as added
12 July 10, 1980 (P.L.493, No.105), are repealed.
13 Section 313. Act No. 8 of 1968 as affected by Act No. 101 of
14 1980.--As much as reads "in the court of common pleas of any
15 county in the metropolitan area in which the charge, service or
16 change of service shall be applicable," of the sixth sentence of
17 section 303(d)(9), act of January 22, 1968 (P.L.42, No.8), known
18 as the "Pennsylvania Urban Mass Transportation Law," added July
19 10, 1980 (P.L.427, No.101), is repealed. Section 303(d)(9) of
20 the act is repealed insofar as relates to practice or procedure
21 in the Supreme Court, Superior Court or Commonwealth Court, or
22 as to practice or procedure in the court of common pleas or
23 before the authority when an appeal has been or is being taken
24 to, or review has been or is being sought in, one of such
25 appellate courts.
26 Section 314. Act No. 318 of 1968 as affected by Act No. 154
27 of 1980.--As much as reads "the Commonwealth Court or the court
28 of common pleas in the county in which the defendant resides or
29 has his place of business" of section 10(a), the entire first
30 sentence of section 12(e) and the entire last sentence of
19810S1206B1806 - 57 -
1 section 13(a), act of September 24, 1968 (P.L.1040, No.318),
2 known as the "Coal Refuse Disposal Control Act," are repealed.
3 Section 315. Act No. 364 of 1972 as affected by Act No. 234
4 of 1980.--As much of section 3 as relates to the definition of
5 "court," act of December 29, 1972 (P.L.1701, No.364), known as
6 the "Health Maintenance Organization Act," is repealed.
7 Section 316. Act No. 142 of 1976.--As much as reads as
8 follows: "who are members of the bar of the Supreme Court" of
9 section 9(b), as much as reads as follows: "Until there are a
10 sufficient number of judges of the Philadelphia Municipal Court
11 who are members of the bar of the Supreme Court to handle such
12 matters the" of section 10 and as much as reads as follows: ",
13 prothonotary of any county except the City and County of
14 Philadelphia, clerk of the courts, Clerk of Quarter Sessions of
15 the City and County of Philadelphia, clerk of the orphans' court
16 division" of section 27, act of July 9, 1976 (P.L.586, No.142),
17 known as the "Judiciary Act of 1976," are repealed.
18 Section 317. Act No. 53 of 1978.--As much of section 2(a) as
19 relates to the act of December 5, 1936 (2nd Sp.Sess., 1937
20 P.L.2897, No.1), known as the "Unemployment Compensation Law,"
21 as reads (at P.L.312) "A determination of the Unemployment
22 Compensation Board of Review under the act, including action by
23 the board disallowing an appeal from a referee, shall be final
24 upon the entry thereof," and section 3(c), act of April 28, 1978
25 (P.L.202, No.53), known as the "Judiciary Act Repealer Act," are
26 repealed.
27 Section 318. Act No. 48 of 1979 as affected by Act No. 136
28 of 1980.--As much as reads "of common pleas of the county in
29 which the new institution health service is located" of section
30 603(b), as much as reads "the Commonwealth" of the second
19810S1206B1806 - 58 -
1 sentence of section 702(d), all of section 712(b), as much as
2 reads "Commonwealth" and "or the court of common pleas of the
3 county in which the facility is located" of section 814(b), as
4 much as reads "Commonwealth", "the" (where it appears preceding
5 the second occurrence of the word "court") and "of common pleas
6 of the county in which the health care facility is located, or
7 in the Commonwealth Court" of subsection (a) and all of
8 subsection (b) of section 815 and as much as reads
9 "Commonwealth" (two occasions) of section 818, act of July 19,
10 1979 (P.L.130, No.48), known as the "Health Care Facilities
11 Act," as amended July 12, 1980 (P.L.655, No.136), are repealed.
12 Section 319. Act No. 97 of 1980.--As much as reads
13 "Commonwealth" and ", which court is hereby granted
14 jurisdiction" of the last sentence of section 603 and the entire
15 third sentence of subsection (a) and all of subsection (d) of
16 section 604, act of July 7, 1980 (P.L.380, No.97), known as the
17 "Solid Waste Management Act," are repealed.
18 Section 320. Act No. 104 of 1980.--Section 8(d), the last
19 sentence of section 16 and as much as reads "Commonwealth" of
20 section 19(c), act of June 10, 1980 (P.L.481, No.104), known as
21 the "Milk Producers' and Cooperative Security Funds Act," are
22 repealed. If, after the expiration of the appeal period
23 prescribed by law, the determination of the Milk Marketing Board
24 under section 8 of the act has not been stayed by a reviewing
25 court, the board shall direct the fiscal agent under the act to
26 pay the claimants from the moneys available in the Milk
27 Producers' Security Fund.
28 Section 321. Act No. 164 of 1980.--The last sentence of
29 section 205(a)(4), act of October 15, 1980 (P.L.950, No.164),
30 known as the "Commonwealth Attorneys Act," is repealed.
19810S1206B1806 - 59 -
1 Section 322. Act No. 222 of 1980.--Section 312, act of
2 December 15, 1980 (P.L.1203, No.222), known as the "Building
3 Energy Conservation Act," is repealed.
4 Section 323. Title 66.--66 Pa.C.S. §§ 317(a)(3) (relating to
5 fees for services rendered by commission) and 903 (relating to
6 restriction on injunctions) are repealed.
7 ARTICLE IV
8 MISCELLANEOUS PROVISIONS
9 Section 401. Applicability of Statutory Construction Act.--
10 This act is intended to integrate into Title 42 of the
11 Pennsylvania Consolidated Statutes all relevant legislation of
12 the 1979-1981 General Assemblies through Act No. 1981-18. The
13 provisions of 1 Pa.C.S. §§ 1952 (relating to effect of separate
14 amendments on code provisions enacted by same General Assembly)
15 and 1974 (relating to effect of separate repeals on code
16 provisions by same General Assembly) shall not be applicable to
17 any act of the 1979-1981 General Assemblies through Act No.
18 1981-18 insofar as relates to Title 42 of the Pennsylvania
19 Consolidated Statutes. Section 601 of the act of October 5, 1980
20 (P.L.693, No.142), known as the "JARA Continuation Act of 1980,"
21 is repealed.
22 Section 402. Effect of Article III.--Article III of this act
23 shall be deemed a part of section 2(a) of the act of April 28,
24 1978 (P.L.202, No.53), known as the "Judiciary Act Repealer Act"
25 for purposes of section 3 of that act.
26 Section 403. Applicability of amendments.--Except as
27 provided in section 404, the amendments to 42 Pa.C.S. Ch. 55
28 (relating to limitation of time), effected by this act shall
29 apply only to causes of action which accrue after the effective
30 date of this act.
19810S1206B1806 - 60 -
1 Section 404. Effective date.--This act shall take effect in
2 60 days except that:
3 (1) The amendment adding 42 Pa.C.S. § 762(a)(1)(ii)
4 (relating to appeals from courts of common pleas) shall take
5 effect immediately and shall be retroactive to December 5,
6 1980.
7 (2) The amendments to 42 Pa.C.S. §§ 4303(a) (relating to
8 effect of judgments and orders as liens), 5501(a) (relating
9 to scope of chapter) and 8301 (relating to death action)
10 effected by this act shall take effect immediately and shall
11 be retroactive to June 27, 1978.
19810S1206B1806 - 61 -
1 SOURCE AND DISPOSITION NOTES
2 FOR ARTICLE III
3 Act Repealed Section Unofficial Citation Superseding
4 or Affected of Bill of Affected Statute Provision of
5 (Provisions marked Title 42
6 with (*) repealed
7 in part)
8 1929, No.176 301 72 P.S. § 1104 763, 1722(a)(1),
9 5105(a), 5571
10 72 P.S. § 1711* 1722(a)(1)
11 1933, No.155 302 72 P.S. § 5020-518.1* 933, 1722(a)(1),
12 5571
13 1936, 2nd Sp.Sess.,
14 No.1 303 43 P.S. § 830.1 763, 1722(a)(1),
15 5105(a), 5571,
16 2 Pa.C.S.
17 1937, No.394 304 35 P.S. § 691.601* 761, 931,
18 933, as
19 amended by
20 act
21 35 P.S. § 691.603* 1515
22 1939, No.294 305 72 P.S. § 5452.12 933, 1722(a)(1),
23 5105(a)
24 1939, No.404 306 72 P.S. § 5341.15 933, 1722(a)(1),
25 5105(a)
26 1943, No.254 307 72 P.S. § 5453.704* 933, 1722(a)(1),
27 5571
28 1945, No. 418 308 52 P.S. § 1396.21(a)* 933 as
29 amended by
30 act
19810S1206B1806 - 62 -
1 52 P.S. § 1396.23* 1515
2 1951, No.21 309 47 P.S. § 4-444* 706, 763,
3 1722(a)(1),
4 5105(a)
5 1955, No.130 310 16 P.S. § 2199* 1722(a)(1),
6 5571
7 1966, 1st Sp.Sess.,
8 No.1 311 52 P.S. § 1406.13* 761, 931,
9 933 as
10 amended
11 by act
12 52 P.S. § 1406.17(e)* 1515
13 1967, No.21 312 62 P.S. § 1408* 761, 931
14 62 P.S. § 1411* 5552(b)(2),
15 as amended
16 by act
17 1968, No.8 313 66 § 1971, 303(d)(9) 933, 1722(a)
18 1968, No.318 314 52 P.S. § 30.60(a)* 761, 931
19 52 P.S. § 30.62(e)* 1515, 5105(a)
20 52 P.S. § 30.63(a)* 933 as
21 amended
22 by act
23 1972, No.364 315 40 P.S. § 1553* 763
24 1976, No.142 316 42 Pa.C.S. Note Obsolete, Ch.27
25 1978, No.53 317 42 P.S. § 20002(a)
26 [1172]* Act, § 303
27 42 P.S. § 20003(c) 1 Pa.C.S. if
28 applicable
29 1979, No.48 318 35 P.S. § 448.603* 761, 931
30 35 P.S. § 448.702* 761
19810S1206B1806 - 63 -
1 35 P.S. § 448.712* 8501 (8502)
2 35 P.S. § 448.814* 761, 931
3 35 P.S. § 448.815* 761, 763,
4 931, 1722
5 35 P.S. § 448.818* 763
6 1980, No.97 319 35 P.S. § 6018.603 761, 931
7 35 P.S. § 6018.604 931, 8502
8 1980, No.104 320 31 P.S. § 625.8(d) 763, 1722(a)(1),
9 5105(a), 5571
10 31 P.S. § 625.16* 763, 1722(a)(1),
11 5105(a), 5571
12 31 P.S. § 625.19(c)* 761, 931
13 1980, No.164 321 71 P.S. § 732-205(a)(4)*
14 722(5), 1722(a)(1),
15 5105(a), 5571
16 1980, No.222 322 35 P.S. § 7201.312 933 as
17 amended by
18 this act,
19 2 Pa.C.S.
20 66 Pa.C.S. 323 66 Pa.C.S.A. 1722(a)(1)
21 § 317(a)(3) § 317(a)(3)
22 66 Pa.C.S. 323 66 Pa.C.S.A. § 903 1722(a)(1)
23 § 903
K9L42CM/19810S1206B1806 - 64 -