CORRECTIVE REPRINT
PRIOR PRINTER'S NOS. 1461, 1806 PRINTER'S NO. 1823
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.
1 Section 203. Conforming amendments to Title 66.
2 ARTICLE III. REPEALS OF INCONSISTENT
3 LEGISLATION
4 Section 301. Act No. 176 of 1929.
5 Section 302. Act No. 155 of 1933 as affected
6 by Act No. 283 of 1955.
7 Section 303. Act No. 1 of 1936 (2nd Sp.Sess.)
8 as affected by Act No. 108 of 1980.
9 Section 304. Act No. 394 of 1937 as affected
10 by Act No. 157 of 1980.
11 Section 305. Act No. 294 of 1939.
12 Section 306. Act No. 404 of 1939.
13 Section 307. Act No. 254 of 1943.
14 Section 308. Act No. 418 of 1945 as affected
15 by Act No. 155 of 1980.
16 Section 309. Act No. 21 of 1951 as affected
17 by Act No. 221 of 1980.
18 Section 310. Act No. 130 of 1955 as affected
19 by Act No. 323 of 1968.
20 Section 311. Act No. 1 of 1966 (1st Sp.Sess.)
21 as affected by Act No. 156 of 1980.
22 Section 312. Act No. 21 of 1967 as affected
23 by Act No. 105 of 1980.
24 Section 313. Act No. 8 of 1968 as affected
25 by Act No. 101 of 1980.
26 Section 314. Act No. 318 of 1968 as affected
27 by Act No. 154 of 1980.
28 Section 315. Act No. 364 of 1972 as affected
29 by Act No. 234 of 1980.
30 Section 316. Act No. 142 of 1976.
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1 Section 317. Act No. 53 of 1978.
2 Section 318. Act No. 48 of 1979 as affected
3 by Act No. 136 of 1980.
4 Section 319. Act No. 97 of 1980.
5 Section 320. Act No. 104 of 1980.
6 Section 321. Act No. 164 of 1980.
7 Section 322. Act No. 222 of 1980.
8 Section 323. Title 66.
9 ARTICLE IV. MISCELLANEOUS PROVISIONS
10 Section 401. Applicability of Statutory Construction Act.
11 Section 402. Effect of Article III.
12 Section 403. Applicability of amendments.
13 Section 404. Effective date.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 ARTICLE I
17 PRELIMINARY PROVISIONS
18 Section 101. Short title.--This act shall be known and may
19 be cited as the "JARA Continuation Act of 1982."
20 ARTICLE II
21 AMENDMENTS TO THE PENNSYLVANIA
22 CONSOLIDATED STATUTES
23 Section 201. Amendments to Title 42.--The definition of
24 "process" in section 102 and sections 561, 709, 723(a), 761(a), <--
25 762(a), 933(a)(1)(ix) and (x), 953, 1123(a), 1515(a), 1725.1(e),
26 2522, 4131, 4132, 4133, 4134, 4135, 4136, 4303(a), 4503, 4521,
27 4527, 4532, 4561, 4563, 4563.1, 4565, 5103, 5105(f), 5304,
28 5501(a), 5522(a)(2) and (b), 5523, 5524, 5525(5), (6), (7) and
29 (8), 5526(4), 5527, 5529(b), 5552(b), 5946, 5974, 6106, 6143(a),
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1 6701, 6702, 6704, 6705, 6706, 6707, 6708, 6709, 6712, 7102(d)
2 AND 7342, CHAPTERS 77 AND 79, SECTIONS 8123(a) and (c), <--
3 8124(c)(9) and (10), 8127, 8128 AND 8301(a), (c) and (d), <--
4 CHAPTERS 93 AND 95 AND SECTIONS 9755(g) and 9756(d) of Title 42, <--
5 act of November 25, 1970 (P.L.707, No.230), known as the
6 Pennsylvania Consolidated Statutes, are amended, added or
7 repealed to read:
8 § 102. Definitions.
9 Subject to additional definitions contained in subsequent
10 provisions of this title which are applicable to specific
11 provisions of this title, the following words and phrases when
12 used in this title shall have, unless the context clearly
13 indicates otherwise, the meanings given to them in this section:
14 * * *
15 "Process." A document evidencing a command of a court or of
16 a district justice.
17 * * *
18 § 561. Commonwealth Court. <--
19 (a) General rule.--The Commonwealth Court of Pennsylvania
20 shall consist of nine judges.
21 (b) Divisions.--The Commonwealth Court may have an appellate
22 division and such other divisions as may be prescribed by rule
23 of court.
24 § 709. Certification of questions of law.
25 (a) Short title of section.--This section shall be known and
26 may be cited as the "Uniform Certification of Questions of Law
27 Act."
28 (b) Power to answer.--The Supreme Court or another appellate
29 court of this Commonwealth designated by or pursuant to general
30 rule may answer questions of law certified to it by the Supreme
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1 Court of the United States, a court of the United States whose
2 final determinations are directly reviewable by the Supreme
3 Court of the United States, the highest appellate court of any
4 state, or any other tribunal designated by or pursuant to
5 general rule, when requested by the certifying court if there
6 are involved in any proceeding before it questions of law of
7 this Commonwealth which may be determinative of the cause then
8 pending in the certifying court and as to which it appears to
9 the certifying court there is no controlling precedent in the
10 decisions of the Supreme Court of this Commonwealth.
11 (c) Method of invoking.--This section may be invoked by an
12 order of any of the courts referred to in subsection (b) upon
13 the court's own motion or upon the motion of any party to the
14 cause.
15 (d) Contents of certification order.--A certification order
16 shall set forth:
17 (1) the question of law to be answered; and
18 (2) a statement of all facts relevant to the questions
19 certified and showing fully the nature of the controversy in
20 which the questions arose.
21 (e) Preparation of certification order.--The certification
22 order shall be prepared by the certifying court, signed by the
23 judge presiding at the hearing, and forwarded to the receiving
24 court by the clerk of the certifying court under its official
25 seal. The receiving court may require the original or copies of
26 all or of any portion of the record before the certifying court
27 to be filed with the certification order, if, in the opinion of
28 the receiving court, the record or portion thereof may be
29 necessary in answering the questions.
30 (f) Costs of certification.--Except as otherwise prescribed
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1 by general rules, fees and costs shall be the same as in appeals
2 docketed before the receiving court and shall be equally divided
3 between the parties unless otherwise ordered by the certifying
4 court in its order of certification.
5 (g) Opinion.--The written opinion of the receiving court
6 stating the law governing the questions certified shall be sent
7 by the clerk under the seal of the receiving court to the
8 certifying court and to the parties.
9 (h) Power to certify.--An appellate court of this
10 Commonwealth, on its own motion or the motion of any party, may
11 order certification of questions of law to the highest court of
12 any jurisdiction when it appears to the certifying court that
13 there are involved in any proceeding before the court questions
14 of law of the receiving jurisdiction which may be determinative
15 of the cause then pending in the certifying court and it appears
16 to the certifying court that there are no controlling precedents
17 in the decisions of the highest court or intermediate appellate
18 courts of the receiving jurisdiction.
19 (i) Procedure on certifying.--The procedures for
20 certification from this Commonwealth to the receiving
21 jurisdiction shall be those provided in the laws of the
22 receiving jurisdiction.
23 § 723. Appeals from Commonwealth Court.
24 (a) General rule.--The Supreme Court shall have exclusive
25 jurisdiction of appeals from final orders of the Commonwealth
26 Court entered in any matter which was originally commenced in
27 [said court and] the Commonwealth Court except an order entered
28 (1) by an appellate division or court en banc of the <--
29 Commonwealth Court consisting of judges who did not consider
30 and determine the matter in the first instance; or
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1 (2) in a matter which [does not constitute] constitutes
2 an appeal to the Commonwealth Court from another court, a
3 district justice or another government unit.
4 * * *
5 § 761. Original jurisdiction.
6 (a) General rule.--The Commonwealth Court shall have
7 original jurisdiction of all civil actions or proceedings:
8 (1) Against the Commonwealth government, including any
9 officer thereof, acting in his official capacity, except:
10 (i) actions or proceedings in the nature of
11 applications for a writ of habeas corpus or post-
12 conviction relief not ancillary to proceedings within the
13 appellate jurisdiction of the court;
14 (ii) eminent domain proceedings;
15 (iii) actions [on claims in which immunity has been
16 waived] or proceedings conducted pursuant to Chapter 85
17 (relating to matters affecting government units) [or];
18 (iv) actions or proceedings conducted pursuant to
19 the act of May 20, 1937 (P.L.728, No.193), referred to as
20 the Board of Claims Act; and
21 [(iv)] (v) actions or proceedings in the nature of
22 trespass as to which the Commonwealth government formerly
23 enjoyed sovereign or other immunity and actions or
24 proceedings in the nature of assumpsit relating to such
25 actions or proceedings in the nature of trespass.
26 (2) By the Commonwealth government, including any
27 officer thereof, acting in his official capacity, except
28 eminent domain proceedings.
29 (3) Arising under Article V of the act of May 17, 1921
30 (P.L.789, No.285), known as "The Insurance Department Act of
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1 1921."
2 (4) Original jurisdiction of which is vested in the
3 Commonwealth Court by any statute hereafter enacted.
4 * * *
5 § 762. Appeals from courts of common pleas.
6 (a) General rule.--Except as provided in subsection (b), the
7 Commonwealth Court shall have exclusive jurisdiction of appeals
8 from final orders of the courts of common pleas in the following
9 cases:
10 (1) Commonwealth civil cases.--All civil actions or
11 proceedings:
12 [original] (i) Original jurisdiction of which is
13 vested in another tribunal by virtue of any of the
14 exceptions to section 761(a)(1) (relating to original
15 jurisdiction), except actions or proceedings in the
16 nature of applications for a writ of habeas corpus or
17 post-conviction relief not ancillary to proceedings
18 within the appellate jurisdiction of the court.
19 (ii) By the Commonwealth government, including any
20 officer thereof acting in his official capacity.
21 (2) Governmental and Commonwealth regulatory criminal
22 cases.--All criminal actions or proceedings for the violation
23 of any:
24 (i) Rule, regulation or order of any Commonwealth
25 agency.
26 (ii) Regulatory statute administered by any
27 Commonwealth agency subject to Subchapter A of Chapter 5
28 of Title 2 (relating to practice and procedure of
29 Commonwealth agencies). The term "regulatory statute" as
30 used in this subparagraph does not include any provision
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1 of Title 18 (relating to crimes and offenses).
2 (3) Secondary review of certain appeals from
3 Commonwealth agencies.--All appeals from Commonwealth
4 agencies which may be taken initially to the courts of common
5 pleas under section 933 (relating to appeals from government
6 agencies).
7 (4) Local government civil and criminal matters.--
8 (i) All actions or proceedings arising under any
9 municipality, institution district, public school,
10 planning or zoning code or under which a municipality or
11 other political subdivision or municipality authority may
12 be formed or incorporated or where is drawn in question
13 the application, interpretation or enforcement of any:
14 (A) statute regulating the affairs of political
15 subdivisions, municipality and other local
16 authorities or other public corporations or of the
17 officers, employees or agents thereof, acting in
18 their official capacity;
19 (B) home rule charter or local ordinance or
20 resolution; or
21 (C) statute relating to elections, campaign
22 financing or other election procedures.
23 (ii) All appeals from government agencies other than
24 Commonwealth agencies decided under section 933 or
25 otherwise.
26 (5) Certain private corporation matters.--
27 (i) All actions or proceedings relating to
28 corporations not-for-profit arising under Title 15
29 (relating to corporations and unincorporated
30 associations) or where is drawn in question the
19810S1206B1823 - 9 -
1 application, interpretation or enforcement of any
2 provision of the Constitution, treaties or laws of the
3 United States, or the Constitution of Pennsylvania or any
4 statute, regulating in any such case the corporate
5 affairs of any corporation not-for-profit subject to
6 Title 15 or the affairs of the members, security holders,
7 directors, officers, employees or agents thereof, as
8 such.
9 (ii) All actions or proceedings otherwise involving
10 the corporate affairs of any corporation not-for-profit
11 subject to Title 15 or the affairs of the members,
12 security holders, directors, officers, or employees or
13 agents thereof, as such.
14 (6) Eminent domain.--All eminent domain proceedings or
15 where is drawn in question the power or right of the
16 acquiring agency to appropriate the condemned property or to
17 use it for the purpose condemned or otherwise.
18 (7) Immunity waiver matters.--Matters in which immunity
19 has been waived pursuant to Subchapter C of Chapter 85
20 (relating to actions against local parties).
21 * * *
22 § 933. Appeals from government agencies.
23 (a) General rule.--Except as otherwise prescribed by any
24 general rule adopted pursuant to section 503 (relating to
25 reassignment of matters), each court of common pleas shall have
26 jurisdiction of appeals from final orders of government agencies
27 in the following cases:
28 (1) Appeals from Commonwealth agencies in the following
29 cases:
30 * * *
19810S1206B1823 - 10 -
1 (ix) Determinations of the Department of
2 Environmental Resources reviewable under:
3 (A) Section 601(c) of the act of June 22, 1937
4 (P.L.1987, No.394), known as "The Clean Streams Law."
5 (B) Section 18.3(a) of the act of May 31, 1945
6 (P.L.1198, No.418), known as the "Surface Mining
7 Conservation and Reclamation Act."
8 (C) Section 13(b) of the act of April 27, 1966
9 (1st Sp.Sess., P.L.31, No.1), known as "The
10 Bituminous Mine Subsidence and Land Conservation
11 Act."
12 (D) Section 13(a) of the act of September 24,
13 1968 (P.L.1040, No.318), known as the "Coal Refuse
14 Disposal Control Act."
15 Except as otherwise prescribed by general rules, the
16 venue of such matters shall be as prescribed by general
17 rule for actions upon an express contract.
18 (x) Determinations of the Department of Labor and
19 Industry or the Department of Commerce reviewable under
20 the act of December 15, 1980 (P.L.1203, No.222), known as
21 the "Building Energy Conservation Act." Except as
22 otherwise prescribed by general rules, venue shall be in
23 the county where the building is located.
24 * * *
25 § 953. Administrative judges of divisions.
26 Each division of a court of common pleas shall [be presided
27 over by] have an administrative judge[. Each such administrative
28 judge] who shall assist the president judge of the court in
29 supervising and administering the business of the court and
30 shall be responsible to him.
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1 § 1123. Jurisdiction and venue.
2 (a) General rule.--Except as otherwise prescribed by any
3 general rule adopted pursuant to section 503 (relating to
4 reassignment of matters), the Philadelphia Municipal Court shall
5 have jurisdiction of the following matters:
6 (1) Summary offenses, except those within the
7 jurisdiction of the Traffic Court of Philadelphia.
8 (2) Criminal offenses by any person (other than a
9 juvenile) for which no prison term may be imposed or which
10 are punishable by imprisonment for a term of not more than
11 five years, including indictable offenses under Title 75
12 (relating to vehicles). In cases under this paragraph the
13 defendant shall have no right of trial by jury in the
14 municipal court, but shall have the right of appeal for trial
15 de novo, including the right of trial by jury, to the court
16 of common pleas. The judges of the municipal court exercising
17 jurisdiction under this paragraph shall have the same
18 jurisdiction in probation and parole arising out of sentences
19 imposed by them as judges of the court of common pleas.
20 (3) Matters arising under the act of April 6, 1951
21 (P.L.69, No.20), known as "The Landlord and Tenant Act of
22 1951."
23 (4) Civil actions, except actions by or against a
24 Commonwealth party as defined by section 8501 (relating to
25 definitions), wherein the sum demanded does not exceed $1000,
26 exclusive of interest and costs, in the following classes of
27 actions:
28 (i) In assumpsit.
29 (ii) In trespass, including all forms of trespass
30 and trespass on the case.
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1 (iii) For fines and penalties by any government
2 agency.
3 A plaintiff may waive a portion of his claim of more than
4 $1000 so as to bring the matter within the MONETARY <--
5 jurisdiction of the municipal court. Such waiver shall be
6 revoked automatically if the defendant appeals the final
7 order of the municipal court. In cases under this paragraph
8 the defendant shall have no right of trial by jury in the
9 municipal court, but shall have the right to appeal for trial
10 de novo, including the right of trial by jury, to the court
11 of common pleas, it being the purpose of this paragraph to
12 establish an expeditious small claims procedure whereby it
13 shall not be necessary for the litigants to obtain counsel.
14 Judgments by confession shall not be entered in the municipal
15 court.
16 (5) As commissioners to preside at arraignments, fix and
17 accept bail, issue warrants and perform duties of a similar
18 nature, including the jurisdiction of a committing magistrate
19 in all criminal proceedings.
20 * * *
21 § 1515. Jurisdiction and venue.
22 (a) Jurisdiction.--Except as otherwise prescribed by general
23 rule adopted pursuant to section 503 (relating to reassignment
24 of matters), district justices shall, under procedures
25 prescribed by general rule, have jurisdiction of all of the
26 following matters:
27 (1) Summary offenses, except those within the
28 jurisdiction of an established and open traffic court.
29 (2) Matters arising under the act of April 6, 1951
30 (P.L.69, No.20), known as "The Landlord and Tenant Act of
19810S1206B1823 - 13 -
1 1951," which are stated therein to be within the jurisdiction
2 of a district justice.
3 (3) Civil claims, except claims by or against a
4 Commonwealth party as defined by section 8501 (relating to
5 definitions), wherein the sum demanded does not exceed
6 $2,000, exclusive of interest and costs, in the following
7 classes of actions:
8 (i) In assumpsit, except cases of real contract
9 where the title to real estate may be in question.
10 (ii) In trespass, including all forms of trespass
11 and trespass on the case.
12 (iii) For fines and penalties by any government
13 agency.
14 A plaintiff may waive a portion of his claim of more than
15 $2,000 so as to bring the matter within the MONETARY <--
16 jurisdiction of a district justice. Such waiver shall [remain
17 effective except upon appeal by either party] be revoked
18 automatically if the defendant appeals the final order of the
19 district justice or when the judgment is set aside upon
20 certiorari.
21 (4) As commissioners to preside at arraignments, fix and
22 accept bail, issue warrants and perform duties of a similar
23 nature, including the jurisdiction of a committing magistrate
24 in all criminal proceedings.
25 (5) Offenses under 75 Pa.C.S. § 3731 (relating to
26 driving under influence of alcohol or controlled substance),
27 if the following criteria are met:
28 (i) The offense is the first offense by the
29 defendant under such provision in this Commonwealth.
30 (ii) No personal injury (other than to the defendant
19810S1206B1823 - 14 -
1 or the immediate family of the defendant) resulted from
2 the offense.
3 (iii) The defendant pleads guilty.
4 (iv) No property damage in excess of $500 other than
5 to the defendant's property resulted from the violation.
6 (v) The defendant is not subject to the provisions
7 of Chapter 63 (relating to juvenile matters).
8 (vi) The arresting authority shall cause to be
9 transmitted a copy of the charge of any violation of 75
10 Pa.C.S. § 3731 to the [county] office of the clerk of
11 [courts] the court of common pleas within five days after
12 the preliminary arraignment.
13 In determining that the above criteria are met the district
14 justice shall rely on the certification of the arresting
15 authority. Certification that the criteria are met need not
16 be in writing. Within ten days after the disposition, the
17 district justice shall certify the disposition to the
18 [county] office of the clerk of [courts] the court of common
19 pleas in writing.
20 (6) (i) Offenses under Title 18 (crimes and offenses)
21 and Title 30 (fish) which are classified as misdemeanors
22 of the third degree, if the following criteria are met:
23 (A) The misdemeanor is not the result of a
24 reduced charge.
25 (B) Any personal injury or property damage is
26 less than $500.
27 (C) The defendant pleads guilty.
28 (D) The defendant is not subject to the
29 provisions of Chapter 63.
30 (ii) Subparagraph (i) shall not apply to any offense
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1 under the following provisions of Title 18:
2 Section 4303 (relating to concealing death of
3 [bastard] child born out of wedlock).
4 Section 4321 (relating to willful separation or
5 nonsupport).
6 Section 5103 (relating to unlawfully listening
7 into deliberations of jury).
8 (7) Matters jurisdiction of which is vested in district
9 justices by any statute.
10 * * *
11 § 1725.1. Costs.
12 * * *
13 (e) Fish and boating offenses.--
14 (1) Except as provided in paragraph (2), any person
15 convicted of a summary offense under Title 30 (relating to
16 fish) shall, in addition to the fine imposed, be sentenced to
17 pay $10 as costs of the issuing authority which costs shall
18 include all charges including, when called for, the costs of
19 postage and registered or certified mail and the costs of
20 giving a transcript to the prosecutor or defendant, or both,
21 if requested.
22 (2) Where the person charged with a summary offense
23 under Title 30 demands a hearing, the costs of the issuing
24 authority shall be $15, which costs shall include all charges
25 including the charges specified in paragraph (1).
26 § 2522. Oath of office.
27 Before entering upon the duties of his office, each attorney
28 at law shall take and subscribe the following oath or
29 affirmation before a person authorized to administer oaths:
30 "I do solemnly swear (or affirm) that I will support,
19810S1206B1823 - 16 -
1 obey and defend the Constitution of the United States and the
2 Constitution of this Commonwealth and that I will discharge
3 the duties of my office with fidelity[, as well] to the court
4 [as] and to [the] my client." [, that I will use no
5 falsehood, nor delay the cause of any person for lucre or
6 malice."]
7 Any person refusing to take the oath or affirmation shall
8 forfeit his office.
9 § 4131. Definitions.
10 The following words and phrases when used in this subchapter
11 shall have, unless the context clearly indicates otherwise, the
12 meanings given to them in this section:
13 "Civil contempt." The refusal of any person to act or to
14 refrain from acting in compliance with an order which has been
15 issued primarily for the benefit of a litigant.
16 "Direct criminal contempt." The willful conduct by any
17 person in the presence of the court which has the effect of
18 disrupting the lawful operation of the court.
19 "Indirect criminal contempt." Actions committed outside the
20 presence of the court which constitute either a violation of an
21 order (other than orders issued primarily for the benefit of a
22 litigant) or an interference with the lawful operation of the
23 court.
24 "Presence of the court." The actual physical presence of a
25 judge while performing his official duties, or so near thereto
26 as to interfere substantially with the lawful operation of the
27 court.
28 [§ 4131. Classification of penal contempts.] § 4132. Summary
29 punishment for contempts.
30 The power of the several courts of this Commonwealth to issue
19810S1206B1823 - 17 -
1 attachments and to inflict summary punishments for contempts of
2 court shall be restricted to the following cases:
3 (1) The official misconduct of the officers of such
4 courts respectively.
5 (2) Disobedience or neglect by officers, parties, jurors
6 or witnesses of or to the lawful process of the court.
7 (3) The misbehavior of any person in the presence of the
8 court, thereby obstructing the administration of justice.
9 [§ 4132. Punishment] § 4133. Imprisonment or fine for contempt.
10 Except as otherwise provided by statute, the punishment of
11 imprisonment for contempt [as] provided in section [4131] 4132
12 (relating to [classification of penal] summary punishment for
13 contempts) shall extend only to [such] contempts [as shall be]
14 committed in open [court, and all] court. All other contempts
15 shall be punished by fine only.
16 [§ 4133. Imprisonment] § 4134. Commitment for failure to pay
17 fine.
18 The court may order the sheriff or other proper officer of
19 any county to take into custody and commit to jail any person
20 fined for a contempt[,] until such fine shall be paid or
21 discharged. If [such person shall be] unable to pay such fine[,
22 he] such person may be committed to [prison] jail by the court
23 for not exceeding three months.
24 [§ 4134.] § 4135. Publication out of court.
25 (a) General rule.--[No publication] Publication out of court
26 respecting the conduct of judges, district justices, other
27 system or related personnel, jurors or participants in
28 connection with any matter pending before any tribunal shall not
29 be construed as a contempt of court on the part of the author,
30 publisher or other person connected with such publication.
19810S1206B1823 - 18 -
1 (b) Civil and criminal liability not affected.--If any
2 publication specified in subsection (a) shall improperly tend to
3 bias the minds of the public, or of the tribunal, other system
4 or related personnel, jurors or participants in connection with
5 any matter pending before any tribunal, any person [who may be]
6 aggrieved thereby may proceed against the persons responsible
7 for the publication by appropriate civil [or criminal] action or
8 criminal proceeding [as in other cases of wrongful publication].
9 [§ 4135. Criminal contempt] § 4136. Rights of persons charged
10 with certain indirect criminal contempts.
11 (a) General rule.--[In all cases where a] A person [shall
12 be] charged with indirect criminal contempt for violation of a
13 restraining order or injunction issued by a court [or judge, the
14 accused] shall enjoy:
15 (1) The rights [as to admission] to bail that are
16 accorded to persons accused of crime.
17 (2) The right to be notified of the accusation and a
18 reasonable time to make a defense, if the alleged contempt is
19 not committed in the immediate view or presence of the court.
20 (3) (i) Upon demand, the right to a speedy and public
21 trial by an impartial jury of the judicial district
22 wherein the contempt [shall] is alleged to have been
23 committed.
24 (ii) The requirement of subparagraph (i) shall not
25 be construed to apply to contempts:
26 (A) committed in the presence of the court or so
27 near thereto as to interfere directly with the
28 administration of justice, or to apply to the
29 misbehavior, misconduct, or disobedience of any
30 officer of the court in respect to the writs, orders,
19810S1206B1823 - 19 -
1 or process of the court; or
2 (B) subject to 75 Pa.C.S. § 4108(c) (relating to
3 nonjury criminal contempt proceedings).
4 (4) The right to file with the court a demand for the
5 withdrawal of the judge sitting in the proceeding, if the
6 alleged contempt arises from an attack upon the character or
7 conduct of such judge, and if the attack occurred otherwise
8 than in open court. Upon the filing of any such demand, the
9 judge shall thereupon proceed no further but another judge
10 shall be designated by the court. The demand shall be filed
11 prior to the hearing in the contempt proceeding.
12 (b) Punishment.--Except as otherwise provided in this title
13 or by statute hereafter enacted, punishment for a contempt
14 specified in subsection (a) may be by fine not exceeding $100 or
15 by imprisonment not exceeding 15 days in the jail of the county
16 where the court is sitting, or both, in the discretion of the
17 court. Where a person is committed to jail for the nonpayment of
18 such a fine, he shall be discharged at the expiration of 15
19 days, but where he is also committed for a definite time, the 15
20 days shall be computed from the expiration of the definite time.
21 § 4303. Effect of judgments and orders as liens.
22 (a) Real property.--Any judgment or other order of a court
23 of common pleas for the payment of money shall be a lien upon
24 real property on the conditions, to the extent and with the
25 priority provided by statute or prescribed by general rule
26 adopted pursuant to section 1722(b) (relating to enforcement and
27 effect of orders and process) when it is entered of record [and
28 indexed] in the office of the clerk of the court of common pleas
29 of the county where the real property is situated, or in the
30 office of the clerk of the branch of the court of common pleas
19810S1206B1823 - 20 -
1 embracing such county.
2 * * *
3 § 4503. Exemptions from jury duty.
4 (a) General rule.--No person shall be exempt or excused from
5 jury duty except the following:
6 (1) Persons in active service of the armed forces of the
7 United States or of the Commonwealth of Pennsylvania.
8 (2) Persons who have served within three years next
9 preceding on any jury except a person who served as a juror
10 for fewer than three days in any one year in which case the
11 exemption period shall be one year.
12 (3) Persons demonstrating to the court undue hardship or
13 extreme inconvenience may be excused permanently or for such
14 period as the court determines is necessary, and if excused
15 for a limited period shall, at the end of the period, [the
16 juror shall] be assigned to the next jury array.
17 (b) Challenges.--This [section] subchapter shall not affect
18 the existing practice with respect to peremptory challenges and
19 challenges for cause.
20 § 4521. Selection of prospective jurors.
21 (a) Preparation of master list of prospective jurors.--[In
22 order to accomplish the objectives of section 4501 (relating to
23 declaration of policy), the jury selection commission shall at]
24 At least annually the jury selection commission shall prepare a
25 master list of prospective jurors. The list shall contain all
26 voter registration lists for the county, which lists may be
27 incorporated by reference, or names from such other lists which
28 in the opinion of the commission will provide a number of names
29 of prospective jurors which is equal to or greater than the
30 number of names contained in the voter registration list. The
19810S1206B1823 - 21 -
1 commission may, but will not be required to, supplement the
2 [list which supplemental list may include but need not be
3 limited to those] master list of prospective jurors to include,
4 without being limited to, persons in any of the following
5 categories:
6 (1) Persons listed in telephone, city, municipal
7 directories and similar directories.
8 (2) Persons who pay taxes or are assessed for taxes
9 imposed by any political subdivisions. [Officials of
10 political subdivisions having custody, possession or control
11 of the tax assessment lists of names shall upon request of
12 the commission make such records available to the commission.
13 This paragraph shall not be construed to require or permit
14 any official having custody, possession or control of such
15 tax records to provide the commission with any information
16 other than the name, mailing address and municipality of
17 residence of such persons.]
18 (3) Persons in the county participating in any State,
19 county or local program authorized by law and, to the extent
20 such names are available, persons participating in any
21 Federal program authorized by law. [State and local officials
22 having custody, possession or control of such records bearing
23 the names and residences or mailing addresses of such persons
24 shall make them available to the commission for inspection,
25 reproduction and copying. This paragraph shall not be
26 construed to require or permit an official having custody,
27 possession or control of records of programs authorized by
28 law:
29 (i) to provide the commission with information other
30 than the name, mailing address and municipality of
19810S1206B1823 - 22 -
1 residence of such persons; or
2 (ii) to provide the commission or otherwise disclose
3 records or information which the Department of Justice by
4 regulation determines to be privileged from disclosure.]
5 (4) Persons who are on school census lists.
6 (5) Any other person whose name does not appear in the
7 master list of prospective jurors and who meets the
8 qualifications for jurors set forth in this chapter and who
9 makes application to the commission to be listed on the
10 master list of prospective jurors.
11 (b) Maintenance of and access to master list of prospective
12 jurors.--The group of names compiled as set forth in subsection
13 (a) shall constitute the master list of prospective jurors. The
14 list shall be open to the public for inspection.
15 (c) Selection of names for jury service.--At least once each
16 year the commission shall select at random from the master list
17 of prospective jurors the number of names designated by the
18 president judge[, which names shall be selected at random]
19 pursuant to court orders issued under section 4531 (relating to
20 issuance of court orders for jurors).
21 (d) Juror qualification form.--
22 (1) The commission may mail to each person whose name
23 has been selected in the manner set forth in subsection (c) a
24 juror qualification form devised by the commission in such
25 manner that the commission may determine from the answers to
26 the questions on the form whether or not the prospective
27 juror is qualified. The questions asked in such juror
28 qualification form shall be limited to matters reasonably
29 calculated to permit a determination of the person's
30 qualifications to serve as a juror.
19810S1206B1823 - 23 -
1 (2) The juror qualification form shall be executed by
2 the prospective juror and shall plainly and conspicuously
3 state thereon that its execution is subject to the penalty
4 for perjury. If the person is unable to fill out the form,
5 another person may fill it out for him, indicate that he has
6 done so, and the reason therefor. The prospective juror shall
7 mail or deliver the completed form to the commission.
8 (3) If the form does not appear to be properly executed,
9 the commission shall return the form to the prospective juror
10 with instructions to make such additions or corrections as
11 may be necessary and return it to the commission within the
12 time specified.
13 (4) Any person who fails to return the juror
14 qualification form as directed may be summoned by the
15 commission to appear at the offices of the commission to fill
16 out a juror qualification form or to resolve any ambiguity
17 contained therein.
18 (e) Selection in certain counties.--In those counties which
19 do not use the juror qualification form as provided for in
20 subsection (d), the selection of persons for jury service shall
21 be made in accordance with section 4524 (relating to selection
22 of jurors for service) and provision shall be made for the
23 collection of information with the summons in order to comply
24 with sections 4502 (relating to qualifications of jurors) and
25 4503 (relating to exemptions from jury duty).
26 (f) Compelling compliance with section.--On application by
27 the commission, the court shall compel compliance with
28 subsections (a)(2), (3) and (4) and (d). Officials of political
29 subdivisions and Commonwealth officials having custody,
30 possession or control of lists of names described in this
19810S1206B1823 - 24 -
1 section shall, upon request of the commission, make such lists
2 available to the commission for inspection, reproduction and
3 copying but shall not be required or permitted to:
4 (1) provide the commission with information other than
5 the name, mailing address and municipality of residence of
6 such person; or
7 (2) provide the commission with or otherwise disclose
8 records or information which the Attorney General by
9 regulation determines to be privileged from disclosure.
10 § 4527. Effect of verdict on jury selection errors.
11 Errors and omissions in the selection of jurors under this
12 subchapter shall not constitute grounds to set aside any jury
13 verdict in any civil or criminal matter or to arrest, reverse,
14 open or strike any judgment entered on a jury verdict and the
15 trial by jury and its rendition of a verdict in any matter shall
16 constitute a waiver of all such errors and omissions.
17 § 4532. Summoning persons to serve as jurors [for service].
18 [Jurors] Persons who have been selected for service as jurors
19 shall be summoned to serve in a manner determined by the jury
20 selection commission with the concurrence of the president
21 judge.
22 § 4561. Compensation of jurors.
23 (a) Compensation.--A [juror] person summoned to serve as a
24 juror shall receive compensation at the rate of $9 a day for the
25 first three days in any calendar year he shall be required to
26 report for service and $25 a day for each day thereafter in such
27 calendar year that such [juror] person is required to report. In
28 addition, [jurors] persons so summoned shall be [compensated for
29 mileage] paid a travel allowance at the rate of 17¢ per mile
30 circular except that no [mileage] travel allowance shall be paid
19810S1206B1823 - 25 -
1 in the first judicial district.
2 (b) State reimbursement.--The Commonwealth shall reimburse
3 each county 80% of the amount expended by the county for such
4 compensation and [mileage] travel allowance beyond the first
5 three days of service if the juror is participating in a trial
6 or in grand jury proceedings. Application for reimbursement
7 shall be made by the county to the State Treasurer through the
8 Administrative Office [on forms and] pursuant to [uniform]
9 procedures prescribed by said office. As used in this section,
10 trial participation shall include voir dire examination only if
11 such examination shall have commenced prior to the juror's
12 fourth day of service.
13 § 4563. Protection of employment of [jurors] petit and grand
14 jurors.
15 (a) General rule.--An employer shall not deprive an employee
16 of his employment, seniority position or benefits, or threaten
17 or otherwise coerce him with respect thereto, because the
18 employee receives a summons, responds thereto, serves as a juror
19 or attends court for prospective jury service. Nothing in this
20 section shall be construed to require the employer to compensate
21 the employee for employment time lost because of such jury
22 service.
23 (b) Penalty.--Any employer who violates subsection (a)
24 commits a summary offense.
25 (c) Civil remedy available.--If an employer penalizes an
26 employee in violation of subsection (a) the employee [within six
27 months after the violation occurs] may bring a civil action for
28 recovery of wages and [other] benefits lost as a result of the
29 violation and for an order requiring [his] the reinstatement of
30 the employee. Damages recoverable shall not exceed wages and
19810S1206B1823 - 26 -
1 benefits actually lost. If he prevails, the employee shall be
2 allowed a reasonable attorney's fee fixed by the court.
3 (d) Exception.--Subsection (a) shall not apply to any
4 employer in any retail or service industry employing fewer than
5 15 persons or any employer in any manufacturing industry
6 employing fewer than 40 persons.
7 (e) Right to excuse.--Any individual not entitled to
8 reemployment under subsection (a) shall, upon request to the
9 court, be excused from jury service.
10 [§ 4563.1. Protection of employment of grand jurors.
11 (a) General rule.--An employer shall not deprive an employee
12 of his employment, seniority position or benefits, or threaten
13 or otherwise coerce him with respect thereto, because the
14 employee receives a summons, responds thereto, serves as an
15 investigating grand juror or attends court for prospective
16 investigating grand jury service. Nothing in this section shall
17 be construed to require the employer to compensate the employee
18 for employment time lost because of such grand jury service.
19 (b) Criminal penalty.--Any employer who violates subsection
20 (a) commits a summary offense.
21 (c) Civil liability.--If any employer penalizes an employee
22 in violation of subsection (a) the employee may bring a civil
23 action for recovery of wages or benefits lost as a result of the
24 violation and for an order requiring the reinstatement of the
25 employee. Damages recoverable shall not exceed wages and
26 benefits actually lost. If he prevails, the employee shall be
27 allowed a reasonable attorney's fee fixed by the court.
28 (d) Exception.--Subsection (a) shall not apply to any
29 employer in any retail or service industry employing fewer than
30 15 persons or any employer in any manufacturing industry
19810S1206B1823 - 27 -
1 employing fewer than 40 persons.
2 (e) Right to excuse.--Any individual not entitled to
3 reemployment under subsection (a) shall, upon request to the
4 court, be excused from grand jury service.]
5 § 4565. [Competency of] Challenging certain petit jurors where
6 political subdivision is a party.
7 A person shall not be challenged for cause and excluded from
8 serving as a juror in any action or proceeding in which a
9 political subdivision is a party or is interested because such
10 person is or was an officer, rated citizen or inhabitant in such
11 political subdivision or owns assessed or taxable property or is
12 liable to the assessment or payment of taxes in such political
13 subdivision. This section shall not apply to peremptory
14 challenges of such persons.
15 § 5103. Transfer of erroneously filed matters.
16 (a) General rule.--If an appeal or other matter is taken to
17 or brought in a court or magisterial district of this
18 Commonwealth which does not have jurisdiction of the appeal or
19 other matter, the court or district justice shall not quash such
20 appeal or dismiss the matter, but shall transfer the record
21 thereof to the proper [court or magisterial district] tribunal
22 of this Commonwealth, where the appeal or other matter shall be
23 treated as if originally filed in the transferee [court or
24 magisterial district] tribunal on the date when the appeal or
25 other matter was first filed in a court or magisterial district
26 of this Commonwealth. A matter which is within the exclusive
27 jurisdiction of a court or district justice of this Commonwealth
28 but which is commenced in any other tribunal of this
29 Commonwealth shall be transferred by the other tribunal to the
30 proper court or magisterial district of this Commonwealth where
19810S1206B1823 - 28 -
1 it shall be treated as if originally filed in the transferee
2 court or magisterial district of this Commonwealth on the date
3 when first filed in the other tribunal.
4 (b) Federal cases.--
5 (1) Subsection (a) shall also apply to any matter
6 transferred or remanded by any United States court for a
7 district embracing any part of this Commonwealth. In order to
8 preserve a claim under Chapter 55 (relating to limitation of
9 time) a litigant who timely commences an action or proceeding
10 in any United States court for a district embracing any part
11 of this Commonwealth is not required to commence a protective
12 action in a court or before a district justice of this
13 Commonwealth. Where a matter is filed in any United States
14 court for a district embracing any part of this Commonwealth
15 and the matter is dismissed by the United States court for
16 lack of jurisdiction, any litigant in the matter filed may
17 transfer the matter to a court or magisterial district of
18 this Commonwealth by complying with the transfer provisions
19 set forth in paragraph (2).
20 (2) Except as otherwise prescribed by general rules, or
21 by order of the United States court, such transfer may be
22 effected by filing a certified transcript of the final
23 judgment of the United States court and the related pleadings
24 in a court or magisterial district of this Commonwealth. The
25 pleadings shall have the same effect as under the practice in
26 the United States court, but the transferee court or district
27 justice may require that they be amended to conform to the
28 practice in this Commonwealth. Section 5535(a)(2)(i)
29 (relating to termination of prior matter) shall not be
30 applicable to a matter transferred under this subsection.
19810S1206B1823 - 29 -
1 (c) Interdivisional transfers.--If an appeal or other matter
2 is taken to, brought in, or transferred to a division of a court
3 to which such matter is not allocated by law, the court shall
4 not quash such appeal or dismiss the matter, but shall transfer
5 the record thereof to the proper division of the court, where
6 the appeal or other matter shall be treated as if originally
7 filed in the transferee division on the date first filed in a
8 court or magisterial district.
9 (d) Definition.--As used in this section "tribunal" means a
10 court or district justice or other judicial officer of this
11 Commonwealth vested with the power to enter an order in a
12 matter, the Board of Claims, the Board of Property, the Office
13 of Administrator for Arbitration Panels for Health Care and any
14 other similar agency.
15 § 5105. Right to appellate review.
16 * * *
17 (f) Effect of reversal or modification.--The reversal or
18 modification of any order of a court or any determination of any
19 other government unit in a matter in which the court or
20 government unit has jurisdiction of the sale, mortgage, exchange
21 or conveyance of real or personal property shall not impair or
22 divest any estate or interest acquired thereunder by a person
23 not a party to the appeal.
24 § 5304. Documents.
25 The tribunals of this Commonwealth shall have jurisdiction
26 over documents [which are] situated within this Commonwealth
27 whether or not the persons owning or claiming interests therein
28 are subject to the jurisdiction of the tribunals of this
29 Commonwealth.
30 § 5501. Scope of chapter.
19810S1206B1823 - 30 -
1 (a) General rule.--An action, proceeding or appeal must be
2 commenced within the time specified in or pursuant to this
3 chapter unless, in the case of [an] a civil action or
4 proceeding, a different time is provided by this title or
5 another statute or[, in the case of a civil action or
6 proceeding,] a shorter time which is not manifestly unreasonable
7 is prescribed by written agreement.
8 * * *
9 § 5522. Six months limitation.
10 (a) Notice prerequisite to action against government unit.--
11 * * *
12 (2) If the statement provided for by this subsection is
13 not filed, any civil action or proceeding commenced against
14 the government unit more than six months after the date of
15 injury to person or property shall be dismissed and the
16 person to whom any such cause of action accrued for any
17 [personal] injury to person or property shall be forever
18 barred from proceeding further thereon within this
19 Commonwealth or elsewhere. The court shall excuse
20 [noncompliance] failure to comply with this requirement upon
21 a showing of reasonable excuse for failure to file such
22 statement.
23 * * *
24 (b) Commencement of action required.--The following actions
25 and proceedings must be commenced within six months:
26 (1) An action [against any officer of any government
27 unit for anything done in the execution of his office, except
28 an action subject to another limitation specified in this
29 subchapter] or proceeding to set aside a judicial sale of
30 property.
19810S1206B1823 - 31 -
1 (2) A petition for the establishment of a deficiency
2 judgment following sale of the collateral of the debtor under
3 the provisions of section 8103 (relating to deficiency
4 judgments).
5 (3) Any action subject to 13 Pa.C.S. § 6111 (relating to
6 limitation of actions and levies).
7 (4) An action under section [4563.1(c)] 4563(c)
8 (relating to civil [liability] remedy available).
9 § 5523. One year limitation.
10 The following actions and proceedings must be commenced
11 within one year:
12 (1) An action for libel, slander or invasion of privacy.
13 (2) [An action upon a statute for a civil penalty or
14 forfeiture, where the action is given to a person other than
15 a government unit.
16 (3)] An action upon a bond given as security by a party
17 in any matter, except a bond given by a condemnor in an
18 eminent domain proceeding.
19 [(4)] (3) An action upon any payment or performance
20 bond.
21 § 5524. Two year limitation.
22 The following actions and proceedings must be commenced
23 within two years:
24 (1) An action for assault, battery, false imprisonment,
25 false arrest, malicious prosecution or malicious abuse of
26 process.
27 (2) An action to recover damages for injuries to the
28 person or for the death of an individual caused by the
29 wrongful act or neglect or unlawful violence or negligence of
30 another.
19810S1206B1823 - 32 -
1 (3) An action for taking, detaining or injuring personal
2 property, including actions for specific recovery thereof.
3 (4) An action for waste or trespass of real property.
4 (5) An action upon a statute for a civil penalty or
5 forfeiture[, where the action is given to a government unit].
6 (6) An action against any officer of any government unit
7 for the nonpayment of money or the nondelivery of property
8 collected upon on execution or otherwise in his possession or
9 for anything done in the execution of his office, except an
10 action subject to another limitation specified in this
11 subchapter.
12 (7) Any other action or proceeding to recover damages
13 for injury to person or property which is founded on
14 negligent, intentional, or otherwise tortious conduct or any
15 other action or proceeding sounding in trespass, including
16 deceit or fraud, except an action or proceeding subject to
17 another limitation specified in this subchapter.
18 § 5525. Four year limitation.
19 The following actions and proceedings must be commenced
20 within four years:
21 * * *
22 (5) An action upon a judgment or decree of any court of
23 the United States or of any state.
24 (6) An action upon any official bond of a public
25 official, officer or employee.
26 (7) An action upon a negotiable or nonnegotiable bond,
27 note or other similar instrument in writing. Where such an
28 instrument is payable upon demand, the time within which an
29 action on it must be commenced shall be computed from the
30 later of either demand or any payment of principal of or
19810S1206B1823 - 33 -
1 interest on the instrument.
2 (8) An action upon a contract, obligation or liability
3 founded upon a writing not specified in paragraph (7), under
4 seal or otherwise, except an action subject to another
5 limitation specified in this subchapter.
6 § 5526. Five year limitation.
7 The following actions and proceedings must be commenced
8 within five years:
9 * * *
10 (4) A proceeding in inverse condemnation, if property
11 has been injured but no part thereof has been taken, or if
12 the condemnor has made payment in accordance with section
13 407(a) or (b) (relating to possession and payment of
14 compensation) of the act of June 22, 1964 (Sp.Sess., P.L.84,
15 No.6), known as the "Eminent Domain Code."
16 § 5527. Six year limitation.
17 [The following actions and proceedings must be commenced
18 within six years:
19 (1) An action upon a judgment or decree of any court of
20 the United States or of any state.
21 (2) An action upon a contract, obligation or liability
22 founded upon a bond, note or other instrument in writing,
23 except an action subject to another limitation specified in
24 this subchapter. Where an instrument is payable upon demand,
25 the time within which an action or proceeding on it must be
26 commenced shall be computed from the later of either demand
27 or any payment of principal of or interest on the instrument.
28 (3) An action upon any official bond.
29 (4) A proceeding in inverse condemnation, if property
30 has been injured but no part thereof has been taken, or if
19810S1206B1823 - 34 -
1 the condemnor has made payment in accordance with section
2 407(a) or (b) (relating to possession and payment of
3 compensation) of the act of June 22, 1964 (Sp.Sess., P.L.84,
4 No.6), known as the "Eminent Domain Code."
5 (5) An action to set aside a judicial sale of property.
6 (6)] Any civil action or proceeding which is neither
7 subject to another limitation specified in this subchapter
8 nor excluded from the application of a period of limitation
9 by section 5531 (relating to no limitation) must be commenced
10 within six years.
11 § 5529. Twenty year limitation.
12 * * *
13 (b) Instruments under seal.--
14 (1) Notwithstanding section [5527] 5525(7) (relating to
15 [six] four year limitation), an action [or proceeding] upon
16 an instrument in writing under seal must be commenced within
17 20 years.
18 (2) This subsection shall expire June 27, 1998.
19 § 5552. Other offenses.
20 * * *
21 (b) Major offenses.--A prosecution for any of the following
22 offenses [under Title 18 (relating to crimes and offenses)] must
23 be commenced within five years after it is committed:
24 (1) Under the following provisions of Title 18 (relating
25 to crimes and offenses):
26 Section 3123 (relating to involuntary deviate sexual
27 intercourse).
28 Section 3301 (relating to arson and related
29 offenses).
30 Section 3502 (relating to burglary).
19810S1206B1823 - 35 -
1 Section 3701 (relating to robbery).
2 Section 4101 (relating to forgery).
3 Section 4902 (relating to perjury).
4 (2) Under the act of June 13, 1967 (P.L.31, No.21),
5 known as the "Public Welfare Code."
6 * * *
7 § 5946. Competency of certain witnesses [and jurors] where
8 political subdivision is a party.
9 [No] A person shall not be excluded from being a witness [or
10 juror] in any action or proceeding in which a political
11 subdivision is a party or is interested [by reason of] because
12 such person [being or having been] is or was an officer, rated
13 citizen or inhabitant in such political subdivision[,] or
14 [owning] owns assessed or taxable property[,] or [being] is
15 liable to the assessment or payment of [any tax therein] taxes
16 in such political subdivision.
17 § 5974. Summoning prisoner in this Commonwealth to testify in
18 another state.
19 (a) Certification.--A judge of a state court of record in
20 another state, which by its laws has made provision for
21 commanding persons confined in penal institutions within that
22 state to attend and testify in this Commonwealth, may certify:
23 (1) that there is a criminal proceeding or investigation
24 by a grand jury or a criminal action pending in the court;
25 (2) that a person who is confined in a penal institution
26 in this Commonwealth may be a material witness in the
27 proceeding, investigation or action; and
28 (3) that his presence will be required during a
29 specified time.
30 (b) Hearing.--Upon presentation of the certificate to any
19810S1206B1823 - 36 -
1 court having jurisdiction over the person confined and upon
2 notice to the [Department of Justice] Bureau of Correction, the
3 court in this Commonwealth shall fix a time and place for a
4 hearing and shall make an order, directed to the person having
5 custody of the prisoner, requiring that the prisoner be produced
6 before it at the hearing.
7 § 6106. Certified exemplifications of records.
8 Whenever provision is made by law for recording or filing in
9 a public office any document, the record thereof made, and
10 exemplifications of the document lawfully certified, shall be
11 legal evidence in all matters in which the document would be
12 competent [testimony] evidence.
13 § 6143. Registration number as evidence of operation of
14 vehicle.
15 (a) General rule.--In any action or proceeding for the
16 recovery of a civil penalty for an infraction of the provisions
17 of any law relating to the ownership or operation of any
18 conveyance by air, land or water or any game or fish law or any
19 local ordinance, rule or regulation relating thereto, the
20 registration number displayed on a conveyance shall sustain an
21 inference that the person to whom the registration number was
22 officially assigned is the owner of the conveyance and was then
23 operating the conveyance.
24 * * *
25 § 6701. Scope of subchapter.
26 [The] Actions or proceedings provided by this subchapter are
27 in addition to and not in substitution of actions or proceedings
28 provided by [law] unsuspended statutes where there is desertion
29 or a failure [of] to perform a duty to support.
30 § 6702. Definitions.
19810S1206B1823 - 37 -
1 The following words and phrases when used in this subchapter
2 shall have, unless the context clearly indicates otherwise, the
3 meanings given to them in this section:
4 "Complaint." [Includes any petition, information, affidavit
5 or any other] The legal document prescribed by general rules for
6 the commencement of support actions or proceedings.
7 "Duty of support." Includes any duty of support imposed or
8 imposable by law or by any court order, whether interlocutory or
9 final, whether incidental to a proceeding for divorce, legal
10 separation, separate maintenance, prosecution for failure to
11 support a child born out of lawful wedlock, support of a child
12 born out of lawful wedlock, or otherwise.
13 "Initiating county." Any county in which any action or
14 proceeding pursuant to this subchapter is commenced.
15 "Probation officer." Includes any officer now or hereafter
16 serving in any court at the direction of the court in the
17 domestic relations section of the court and to whom is assigned
18 the enforcement of the duty to support.
19 "Responding county." Any county (including the initiating
20 county) in which any action or proceeding pursuant to the
21 proceeding in the initiating county is or may be commenced.
22 § 6704. Commencement of support actions or proceedings.
23 (a) General rule.--A support action or proceeding under this
24 subchapter shall be commenced [by the filing of a verified
25 complaint which shall set forth:
26 (1) The name and address of the complainant.
27 (2) The name and address of the defendant.
28 (3) The date and place of marriage if married, or if
29 unmarried the date and place of birth of each child born out
30 of lawful wedlock.
19810S1206B1823 - 38 -
1 (4) The names and ages of any children.
2 (5) Date and circumstances of separation or failure to
3 support.
4 (6) Employment of defendant and earnings.
5 (7) Amount of public assistance.
6 (8) Amount of support asked.
7 The complaint may contain any information to aid the locating or
8 identification of a defendant including, but without limitation,
9 by enumeration, a photograph of the defendant, a description of
10 any distinguishing marks of or on his person, other names and
11 aliases by which he has been or is known, his financial status,
12 fingerprints and Social Security number, and any order of
13 support in any other court.
14 (b) Moving party.--A complaint may be filed by any person,
15 including a minor spouse, to whom a duty of support is owing. It
16 shall be filed on behalf of a minor child by a person having
17 custody of the minor, without appointment as guardian ad litem.
18 It may be filed by any public body or public or private agency
19 having any interest in the care, maintenance or assistance of
20 any person to whom a duty of support is owing.
21 (c) Order for hearing.--Every complaint shall be accompanied
22 by an order directing the defendant to appear for hearing at a
23 time and place as specified in such order.
24 (d) Service.--Every complaint and order may be served by
25 registered or certified mail or by any adult person or by any
26 other manner provided or prescribed by law.] in the manner
27 prescribed by general rules.
28 [(e)] (b) Limitation of actions.--All actions or proceedings
29 to establish the paternity of a child born out of wedlock
30 brought under this section must be commenced within six years of
19810S1206B1823 - 39 -
1 the birth of the child, except where the reputed father shall
2 have voluntarily contributed to the support of the child or
3 shall have acknowledged in writing his paternity, in which case
4 an action or proceeding may be commenced at any time within two
5 years of any such contribution or acknowledgement by the reputed
6 father.
7 [(f)] (c) Character of action.--An action or proceeding
8 brought under this subchapter shall be a civil action governed
9 by general rules applicable to civil matters.
10 [(g)] (d) Trial of paternity.--Where the paternity of a
11 child born out of wedlock is disputed, the determination of
12 paternity shall be made by the court without a jury unless
13 either party demands trial by jury. The trial, whether or not a
14 trial by jury is demanded, shall be a civil trial and there
15 shall be no right to a criminal trial on the issue of paternity.
16 The burden of proof shall be by a preponderance of the evidence.
17 § 6705. Failure of defendant to appear.
18 (a) General rule.--A defendant who willfully fails or
19 refuses to appear in response to a duly served order or other
20 process under this subchapter may[, after hearing], as
21 prescribed by general rule, be adjudged in contempt and
22 committed to [prison] JAIL by the court for not exceeding six <--
23 months.
24 (b) Philadelphia cases.--In any county of the first class
25 the defendant named in the order or other process shall be
26 brought before the court forthwith, but in any event within 48
27 hours or two court working days, whichever is the longer, after
28 the defendant is taken into custody, for the purpose of hearing
29 on the issue of contempt of the order or other process involved.
30 § 6706. [Order] Payee of order of support.
19810S1206B1823 - 40 -
1 [(a) Effective date.--An order of support may be made
2 effective from the date of the filing of the complaint.
3 (b) Payee.--]An order of support of any person shall direct
4 payment to be made payable to or payment to be made to the
5 domestic relations section, for transmission to the complainant
6 or for transmission directly to a public body or public or
7 private agency, whenever the care, maintenance and assistance of
8 such person is provided for by such public body or public or
9 private agency.
10 § 6707. [Surety] SECURITY for attendance or performance. <--
11 (a) General rule.--At any stage of the proceedings under
12 this subchapter, upon affidavit filed that the defendant is
13 about to leave the [Commonwealth,] territorial jurisdiction of <--
14 the court, OR THE JUDICIAL DISTRICT the court may, as prescribed <--
15 by general rule, issue appropriate process [may be issued]
16 directing that the defendant be brought before the court [at
17 such time as the court may direct, at which time the court may]
18 and may direct that the defendant give security[, by one or more
19 sureties,] to appear when directed by the court or to comply
20 with any order of the court.
21 (b) Philadelphia cases.--In any county of the first class
22 the hearing shall be fixed as provided in section 6705(b)
23 (relating to Philadelphia cases).
24 § 6708. Enforcement of support orders.
25 (a) General rule.--A defendant who willfully fails to comply
26 with any order under this subchapter, except an order subject to
27 section 6705 (relating to failure of defendant to appear), may[,
28 after hearing], as prescribed by general rule, be adjudged in
29 contempt and committed to [prison] JAIL by the court. <--
30 (b) Philadelphia cases.--In any county of the first class:
19810S1206B1823 - 41 -
1 (1) The hearing shall be fixed as provided in section
2 6705(b) (relating to Philadelphia cases).
3 (2) The commitment to [prison] JAIL may not exceed six <--
4 months.
5 (3) The order shall state the condition which upon
6 fulfillment will result in the release of the defendant.
7 § 6709. Procedure to attach wages, etc.
8 The wages, salary or commissions of any person owing a duty
9 of support may be attached in the [following] manner[:
10 (1) A certified copy of the order of support shall be
11 served on the employer, whether a government unit or private
12 person, and may be served by registered or certified mail or
13 by any adult person or by any other manner provided or
14 prescribed by law.
15 (2) Such certified copy of the order shall contain an
16 order directing the employer to make a full answer, within
17 ten days after services of the order, of the amount of wages,
18 salary or commissions of the defendant, and further directing
19 the employer to make no payment to the defendant of over 50%
20 of the amount due to him until further order of the court.
21 (3) The court shall determine the amount of the wages,
22 salary or commissions which shall be regularly paid by the
23 employer to the domestic relations section and shall so
24 notify said employer.
25 (4) Thereafter, it shall be the duty of the employer to
26 pay such amount regularly to the domestic relations section,
27 and upon failure so to pay such employer shall be in contempt
28 and subject to the order of the court as otherwise provided
29 in this subchapter with respect to proceedings against the
30 defendant.] prescribed by general rule. The employer may
19810S1206B1823 - 42 -
1 deduct from the wages, salary or commissions of the defendant
2 2% of the amount paid under the order [from the wages of the
3 defendant] for [clerical work and] reimbursement of expense
4 involved in complying [therewith] with the order.
5 [(5) Such attachment shall continue until dissolved by
6 order of the court.]
7 § 6712. Duties of court in initiating county.
8 If the court of the county acting as an initiating county
9 finds that the complaint sets forth facts from which it may be
10 determined that the defendant owes a duty of support or the
11 defendant is in default in payment on an order of support, and
12 that jurisdiction cannot be obtained over the defendant or his
13 property as prescribed by general rules or that there has been
14 an election to proceed under this section, and that the court of
15 the responding county may obtain jurisdiction of the defendant
16 or his property, it shall so certify to the responding county
17 and shall cause three copies of the complaint or order and its
18 certification to be transmitted to the court in the responding
19 county.
20 § 7102. Comparative negligence.
21 * * *
22 (d) Definitions.--As used in this section the following
23 words and phrases shall have the meanings given to them in this
24 subsection:
25 "Defendant or defendants against whom recovery is sought."
26 Includes impleaded defendants.
27 "Plaintiff." Includes counterclaimants and cross-claimants.
28 § 7342. Procedure.
29 (a) General rule.--The following provisions of Subchapter A
30 (relating to statutory arbitration) shall be applicable to
19810S1206B1823 - 43 -
1 arbitration conducted pursuant to this subchapter:
2 Section 7303 (relating to validity of agreement to
3 arbitrate).
4 Section 7304 (relating to court proceedings to compel or
5 stay arbitration).
6 Section 7305 (relating to appointment of arbitrators by
7 court).
8 Section 7309 (relating to witnesses, subpoenas, oaths and
9 depositions).
10 Section 7317 (relating to form and service of
11 applications to court).
12 Section 7318 (relating to court and jurisdiction).
13 Section 7319 (relating to venue of court proceedings).
14 Section 7320 (relating to appeals from court orders),
15 except subsection (a)(4).
16 (b) Confirmation and judgment.--On application of a party
17 made more than 30 days after an award is made by an arbitrator
18 under section 7341 (relating to common law arbitration) the
19 court shall enter an order confirming the award and shall enter
20 a judgment or decree in conformity with the order. Section
21 7302(d)(2) (relating to special application) shall not be
22 applicable to proceedings under this subchapter.
23 CHAPTER 77 <--
24 TRIAL
25 [(RESERVED)]
26 SEC.
27 7701. PROCEDURES, MOTIONS AND OTHER MATTERS.
28 7702. COMMENCEMENT AND TERMINATION OF TRIAL.
29 § 7701. PROCEDURES, MOTIONS AND OTHER MATTERS.
30 ALL PROCEDURES, MOTIONS AND OTHER MATTERS RELATING TO THE
19810S1206B1823 - 44 -
1 TRIAL, BY JURY OR OTHERWISE, OF ANY CIVIL ACTION OR PROCEEDING,
2 TRIAL DE NOVO AND RETURNS ON CERTIORARI FROM THE MINOR JUDICIARY
3 SHALL BE CONDUCTED IN THE MANNER, AT THE TIMES, ON THE TERMS AND
4 CONDITIONS AND IN THE FORM PRESCRIBED BY GENERAL RULES.
5 § 7702. COMMENCEMENT AND TERMINATION OF TRIAL.
6 THE TRIAL OF A CIVIL ACTION OR PROCEEDING SHALL BE DEEMED TO
7 COMMENCE AND TERMINATE AT THE TIMES OR ON THE OCCURRENCE OF
8 EVENTS PRESCRIBED BY GENERAL RULES.
9 CHAPTER 79
10 POST-TRIAL MATTERS
11 [(RESERVED)]
12 SEC.
13 7901. PROCEDURES, MOTIONS AND OTHER MATTERS.
14 § 7901. PROCEDURES, MOTIONS AND OTHER MATTERS.
15 ALL POST-TRIAL PROCEDURES, MOTIONS AND OTHER MATTERS RELATING
16 TO ANY CIVIL ACTION OR PROCEEDING, TRIAL DE NOVO AND RETURNS ON
17 CERTIORARI FROM THE MINOR JUDICIARY SHALL BE CONDUCTED IN THE
18 MANNER, AT THE TIMES, ON THE TERMS AND CONDITIONS AND IN THE
19 FORM PRESCRIBED BY GENERAL RULES.
20 § 8123. General monetary exemption.
21 (a) General rule.--In addition to any other property
22 specifically exempted by this subchapter, property of the
23 judgment debtor [to the value of $300,] (including bank notes,
24 money, securities, real property, judgments or other
25 indebtedness due the judgment debtor[,]) to the value of $300
26 shall be exempt from attachment or execution on a judgment.
27 Within such time as may be prescribed by general rules the
28 judgment debtor may claim the exemption in kind and may
29 designate the specific items of property to which the exemption
30 provided by this section shall be applicable[,] unless the
19810S1206B1823 - 45 -
1 designated property is not capable of appropriate division, or
2 the judgment debtor may claim the exemption in cash out of the
3 proceeds of the sale.
4 * * *
5 (c) [Reduction.--The] Executions issued by minor
6 judiciary.--As to executions issued by the minor judiciary the
7 amount of the exemption specified in subsection (a) shall[, as
8 to executions issued by the minor judiciary,] be reduced by the
9 value of any real or personal property of the judgment debtor
10 which is generally subject to attachment or [levy and sale upon]
11 execution but which by law is not subject [thereto upon] to
12 attachments or executions issued by the minor judiciary.
13 § 8124. Exemption of particular property.
14 * * *
15 (c) Insurance proceeds.--The following property or other
16 rights of the judgment debtor shall be exempt from attachment or
17 execution on a judgment:
18 * * *
19 (9) Certain amounts paid, provided or rendered under the
20 provisions of section 106(f) of the act of July 19, 1974
21 (P.L.489, No.176), known as the "Pennsylvania No-fault Motor
22 Vehicle Insurance Act."
23 (10) Certain amounts paid, provided or rendered under
24 the provisions of section 703 of the act of December 5, 1936
25 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
26 "Unemployment Compensation Law."
27 § 8127. Personal earnings exempt from process.
28 [(a) General rule.--]The wages, salaries and commissions of
29 individuals shall while in the hands of the employer be exempt
30 from any attachment, execution or other process except upon an
19810S1206B1823 - 46 -
1 action or proceeding [for support or for board for four weeks or
2 less.
3 (b) Transfer of claim to avoid policy of the Commonwealth.--
4 It shall be unlawful for any creditor or obligee to commence an
5 action on or to transfer any claim against a resident of this
6 Commonwealth for the purpose of having such claim collected by
7 proceedings in a forum which accords such resident less
8 favorable exemptions from attachment or execution than are
9 accorded by this Commonwealth, or for the purpose of depriving
10 such resident of the right to have his personal earnings while
11 in the hands of his employer exempt from application to the
12 payment of his debts.
13 (c) Remedy.--In addition to remedy by injunction or
14 otherwise, a resident of this Commonwealth who is aggrieved by
15 any action by a creditor or obligee in violation of subsection
16 (b) shall have a right of action against the creditor or obligee
17 for treble the amount recovered from such resident in violation
18 of this section and reasonable counsel fees. The transfer of any
19 claim against the resident and the commencement of any action
20 thereon outside this Commonwealth shall be prima facie evidence
21 of a purpose to violate the provisions of subsection (b).]:
22 (1) For support.
23 (2) For board for four weeks or less.
24 (3) Under section 4(11) of the act of August 7, 1963
25 (P.L.549, No.290), referred to as the Pennsylvania Higher
26 Education Assistance Agency Act.
27 § 8128. Transfer of claim to avoid policy of Commonwealth.
28 (a) General rule.--It shall be unlawful for any creditor or
29 obligee to commence an action on or to transfer any claim
30 against a resident of this Commonwealth for the purpose of
19810S1206B1823 - 47 -
1 having such claim collected by proceedings in a forum which
2 accords such resident less favorable exemptions from attachment
3 or execution than are accorded by this Commonwealth, or for the
4 purpose of depriving such resident of the right to have his
5 personal earnings while in the hands of his employer exempt from
6 application to the payment of his debts.
7 (b) Remedy.--In addition to remedy by injunction or
8 otherwise, a resident of this Commonwealth who is aggrieved by
9 any action by a creditor or obligee in violation of subsection
10 (a) shall have a right of action against the creditor or obligee
11 for treble the amount recovered from such resident in violation
12 of this section and reasonable counsel fees. The transfer of any
13 claim against the resident and the commencement of any action
14 thereon outside this Commonwealth shall be prima facie evidence
15 of a purpose to violate the provisions of subsection (a).
16 § 8301. Death action.
17 (a) General rule.--An action may be brought, under
18 procedures prescribed by general rules, to recover damages for
19 the death of an individual caused by the wrongful act or neglect
20 or unlawful violence or negligence of another if no action for
21 damages was brought by the injured individual during his
22 lifetime.
23 * * *
24 (c) Special damages.--[The plaintiff in] In an action
25 brought under subsection (a) the plaintiff shall be entitled to
26 recover, in addition to other damages, damages for reasonable
27 hospital, nursing, medical, funeral expenses and expenses of
28 administration necessitated by reason of injuries causing death.
29 (d) Action by personal representative.--If no person is
30 eligible to recover damages under subsection (b) [to bring an
19810S1206B1823 - 48 -
1 action under this section], the personal representative of the
2 deceased may bring an action [for the] to recover damages
3 [expressly specified in subsection (c)] for reasonable hospital,
4 nursing, medical, funeral expenses and expenses of
5 administration necessitated by reason of injuries causing death.
6 CHAPTER 93 <--
7 TRIAL
8 [(RESERVED)]
9 SEC.
10 9301. PROCEDURES, MOTIONS AND OTHER MATTERS.
11 9302. COMMENCEMENT AND TERMINATION OF TRIAL.
12 § 9301. PROCEDURES, MOTIONS AND OTHER MATTERS.
13 ALL PROCEDURES, MOTIONS AND OTHER MATTERS RELATING TO THE
14 TRIAL, BY JURY OR OTHERWISE, OF ANY CRIMINAL PROCEEDING SHALL BE
15 CONDUCTED IN THE MANNER, AT THE TIMES, ON THE TERMS AND
16 CONDITIONS AND IN THE FORM PRESCRIBED BY GENERAL RULES.
17 § 9302. COMMENCEMENT AND TERMINATION OF TRIAL.
18 THE TRIAL OF A CRIMINAL PROCEEDING SHALL BE DEEMED TO
19 COMMENCE AND TERMINATE AT THE TIMES OR ON THE OCCURRENCE OF
20 EVENTS PRESCRIBED BY GENERAL RULES.
21 CHAPTER 95
22 POST-TRIAL MATTERS
23 [(RESERVED)]
24 SEC.
25 9501. PROCEDURES, MOTIONS AND OTHER MATTERS.
26 § 9501. PROCEDURES, MOTIONS AND OTHER MATTERS.
27 ALL POST-TRIAL PROCEDURES, MOTIONS AND OTHER MATTERS RELATING
28 TO ANY CRIMINAL PROCEEDING SHALL BE CONDUCTED IN THE MANNER, AT
29 THE TIMES, ON THE TERMS AND CONDITIONS AND IN THE FORM
30 PRESCRIBED BY GENERAL RULES.
19810S1206B1823 - 49 -
1 § 9755. Sentence of partial confinement.
2 * * *
3 (g) Prisoner release plans.--This section shall not be
4 interpreted as [in any way] limiting the authority of the
5 [Department of Justice] Bureau of Correction as set forth in the
6 act of July 16, 1968 (P.L.351, No.173), as amended, relating to
7 prisoner pre-release centers and release plans, or the authority
8 of the court as set forth in the act of August 13, 1963
9 (P.L.774, No.390), as amended, relating to prisoner release for
10 occupational and other purposes.
11 § 9756. Sentence of total confinement.
12 * * *
13 (d) Prisoner release plans.--This section shall not be
14 interpreted as [in any way] limiting the authority of the
15 [Department of Justice] Bureau of Correction as set forth in the
16 act of July 16, 1968 (P.L.351, No.173), as amended, relating to
17 prisoner pre-release centers and release plans, or the authority
18 of the court as set forth in the act of August 13, 1963
19 (P.L.774, No.390), as amended, relating to prisoner release for
20 occupational and other purposes.
21 Section 202. Conforming amendments to Title 30.--Sections
22 924, 926 and 930 of Title 30 are amended to read:
23 § 924. Costs for summary offenses.
24 [(a) General rule.--Except as provided in subsection (b),
25 any] Any person convicted of a summary offense under this title
26 shall, in addition to the fine imposed, be sentenced to pay [$10
27 as costs of the issuing authority which costs shall include all
28 charges including, when called for, the costs of postage and
29 registered or certified mail and the costs of giving a
30 transcript to the prosecutor or defendant, or both, if
19810S1206B1823 - 50 -
1 requested.
2 (b) Conviction after hearing.--Where the person charged with
3 a summary offense under this title demands a hearing, the costs
4 of the issuing authority shall be $15, which costs shall include
5 all charges including the charges specified in subsection (a).]
6 costs as provided or prescribed by or pursuant to 42 Pa.C.S. Ch.
7 17 (relating to governance of the system).
8 § 926. Disposition of fines and penalties.
9 (a) General rule.--Subject to any inconsistent procedures
10 and standards relating to reports and transmission of funds
11 prescribed pursuant to Title 42 (relating to judiciary and
12 judicial procedure) and related penalties:
13 (1) Fines recovered in cases where the prosecutor is a
14 salaried officer of the commission shall be immediately
15 surrendered by the court receiving the fines to the
16 prosecutor who, within 30 days of receipt, shall forward the
17 fines and penalties to the executive director.
18 (2) Where any officer of this Commonwealth other than a
19 salaried officer is the prosecutor, the fines and penalties
20 shall, as soon as the case is fully determined, be forwarded
21 by the court to the executive director through the district
22 waterways patrolman, together with a statement of the cause
23 for which the fines were collected.
24 (3) All fines received [by the executive director] under
25 this section shall be paid [monthly] into the State Treasury
26 for the use of the Fish Fund or Boat Fund, as appropriate.
27 (b) Penalty.--Any person failing to forward fines in
28 accordance with this section commits a summary offense of the
29 first degree.
30 § 930. Arrest of nonresident.
19810S1206B1823 - 51 -
1 Subject to any inconsistent regulations prescribed pursuant
2 to 42 Pa.C.S. § 3502 (relating to financial regulations):
3 [(a)] (1) General rule.--Upon the arrest, apprehension or
4 citation of a nonresident of this Commonwealth for any
5 violation of this title that is a summary offense, the
6 waterways patrolman or deputy waterways patrolman shall,
7 unless the defendant elects to acknowledge guilt in
8 accordance with section 925 (relating to acknowledgment of
9 guilt and receipts for payment), escort the defendant to the
10 appropriate issuing authority for a hearing, posting of bond
11 or payment of the applicable fine and costs, unless the
12 defendant chooses to place the amount of the applicable fine
13 and costs in a stamped envelope addressed to the appropriate
14 issuing authority and mails the envelope in the presence of
15 the waterways patrolman or deputy waterways patrolman.
16 [(b)] (2) Procedure upon payment by mail.--If the defendant
17 mails the amount of fine and costs prescribed in [subsection
18 (a)] paragraph (1), he shall indicate on an accompanying form
19 whether the payment constitutes a bond for a hearing based on
20 a plea of not guilty or a fine based upon a plea of guilty in
21 lieu of acknowledging guilt under section 925. If the plea is
22 not guilty, the waterways patrolman or deputy waterways
23 patrolman shall notify the issuing authority by telephone and
24 the issuing authority shall schedule a hearing for the
25 following day (excluding Saturdays, Sundays or legal
26 holidays), unless the defendant requests a continuance, in
27 which case a hearing shall be scheduled to accommodate the
28 defendant, the waterways patrolman or deputy waterways
29 patrolman and the issuing authority.
30 [(c)] (3) Form of payment.--The amount of fine and costs may
19810S1206B1823 - 52 -
1 be paid in cash, personal or other check, credit card or
2 guaranteed arrest bond[, except that the Court Administrator
3 of Pennsylvania may enlarge or restrict the type of payment
4 which may be made by mail].
5 [(d)] (4) Receipt for payment.--The waterways patrolman or
6 deputy waterways patrolman shall give the defendant a receipt
7 for payment, a copy of which shall be mailed with the payment
8 and a copy retained by the officer.
9 Section 203. Conforming amendments to Title 66.--Title 66 is
10 amended by adding a section to read:
11 § 902. Reliance on orders pending judicial review.
12 The issue or assumption of securities registered by the
13 commission, the performance of any contract or arrangement
14 approved by the commission and any other act by a person or
15 corporation shall be subject to the provisions of 42 Pa.C.S. §
16 5105(f) (relating to effect of reversal or modification) insofar
17 as relates to any sale, mortgage, exchange or conveyance subject
18 to the jurisdiction of the commission.
19 ARTICLE III
20 REPEALS OF INCONSISTENT LEGISLATION
21 Section 301. Act No. 176 of 1929.--Section 1104 and as much
22 as reads "in quo warranto" of the first sentence and as much as
23 reads "for other proceedings in quo warranto" of the second
24 sentence of section 1711, act of April 9, 1929 (P.L.343,
25 No.176), known as "The Fiscal Code," are repealed.
26 Section 302. Act No. 155 of 1933 as affected by Act No. 283
27 of 1955.--As much as reads "of common pleas of the county within
28 which such property is situated, or the County Court of
29 Allegheny County, as the case may be, and, for that purpose, may
30 present to said court or file in the prothonotary's office or in
19810S1206B1823 - 53 -
1 the office of the clerk of the County Court of Allegheny County,
2 within sixty days, after the county commissioners, acting as a
3 board of revision, or the board of revision of taxes, or the
4 board for the assessment and revision of taxes, or the Board of
5 Property Assessment, Appeals and Review, in counties of the
6 second class, as the case may be, have held the appeals provided
7 for by this or any other act of Assembly and acted on the said
8 assessments and valuations, a petition signed by him, his agent
9 or attorney, setting forth the facts of the case" of the first
10 sentence of section 518.1, act of May 22, 1933 (P.L.853,
11 No.155), known as "The General County Assessment Law," is
12 repealed.
13 Section 303. Act No. 1 of 1936 (2nd Sp.Sess.) as affected by
14 Act No. 108 of 1980.--Section 510.1, act of December 5, 1936
15 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the "Unemployment
16 Compensation Law," is repealed. The notice of the board to the
17 parties and the department under section 504 of the act of the
18 final decision of the board and the reasons therefor shall
19 constitute a final order of the board for purposes of judicial
20 review, which order shall be subject to judicial review within
21 the time and in the manner provided or prescribed by law.
22 Judicial review may be sought under the act only after the party
23 seeking review has exhausted its remedies before the board.
24 Section 304. Act No. 394 of 1937 as affected by Act No. 157
25 of 1980.--As much as reads "Such proceedings may be prosecuted
26 in the Commonwealth Court, or in the court of common pleas of
27 the county where the activity has taken place, the condition
28 exists, or the public is affected, and to that end jurisdiction
29 is hereby conferred in law and equity upon such courts:" of the
30 third sentence of subsection (a) and the entire last sentence of
19810S1206B1823 - 54 -
1 subsection (c) of section 601 and the entire first sentence of
2 section 603, act of June 22, 1937 (P.L.1987, No.394), known as
3 "The Clean Streams Law" are repealed.
4 Section 305. Act No. 294 of 1939.--Section 12, act of June
5 21, 1939 (P.L.626, No.294), entitled "An act providing for and
6 regulating the assessment and valuation of all subjects of
7 taxation in counties of the second class; creating and
8 prescribing the powers and duties of the Board of Property
9 Assessment, Appeals and Review; imposing duties on certain
10 county and city officers; abolishing the board for the
11 assessment and revision of tax in such counties; and
12 prescribing penalties," is repealed.
13 Section 306. Act No. 404 of 1939.--Section 15, act of June
14 27, 1939 (P.L.1199, No.404), entitled "An act relating to the
15 assessment of real and personal property and other subjects of
16 taxation in counties of the first class; providing for the
17 appointment of members of the board of revision of taxes by the
18 judges of the courts of common pleas; providing for the
19 appointment, by the board, of personal property assessors, real
20 estate assessors and assistant real estate assessors, clerks and
21 other employes; fixing the salaries of members of the board,
22 assessors and assistant assessors, and providing for the payment
23 of salaries and expenses from the county treasury; prescribing
24 the powers and duties of the board and of the assessors, the
25 time and manner of making assessments, of the revision and
26 notice of assessments and of appeals therefrom; prescribing the
27 records of assessments; and repealing existing laws," is
28 repealed.
29 Section 307. Act No. 254 of 1943.--As much as reads "of
30 common pleas of the county within which such property is
19810S1206B1823 - 55 -
1 situated, and for that purpose may present to said court, or
2 file in the prothonotary's office within sixty days after the
3 board entered its order on the said assessment, a petition
4 signed by him, his agent or attorney, setting forth the facts of
5 the case," of the first sentence of section 704, act of May 21,
6 1943 (P.L.571, No.254), known as "The Fourth to Eighth Class
7 County Assessment Law," is repealed.
8 Section 308. Act No. 418 of 1945 as affected by Act No. 155
9 of 1980.--The last sentence of section 18.3(a) and the first
10 sentence of section 18.5(e), act of May 31, 1945 (P.L.1198,
11 No.418), known as the "Surface Mining Conservation and
12 Reclamation Act," are repealed.
13 Section 309. Act No. 21 of 1951 as affected by Act No. 221
14 of 1980.--As much as reads ", during which time such
15 manufacturer may take an appeal as provided for in this act" of
16 the second sentence and the entire third sentence of subsection
17 (e) and all of subsection (i) of section 444, act of April 12,
18 1951 (P.L.90, No.21), known as the "Liquor Code," are repealed.
19 Section 310. Act No. 130 of 1955 as affected by Act No. 323
20 of 1968.--As much as reads "within ten days from the mailing of
21 such notice" and "to the court of quarter sessions" of the third
22 sentence of section 2199, act of August 9, 1955 (P.L.323,
23 No.130), known as "The County Code," is repealed. The third
24 sentence of section 2199 is also repealed insofar as relates to
25 supersedeas on appeal to a court having appellate jurisdiction
26 of the court of initial jurisdiction.
27 Section 311. Act No. 1 of 1966 (1st Sp.Sess.) as affected by
28 Act No. 156 of 1980.--As much as reads "Commonwealth Court and"
29 and "of common pleas" of subsection (a) and the entire last
30 sentence of subsection (b) of section 13 and the entire first
19810S1206B1823 - 56 -
1 sentence of section 17(e), act of April 27, 1966 (1st. Sp.Sess.,
2 P.L.31, No.1), known as "The Bituminous Mine Subsidence and Land
3 Conservation Act," are repealed.
4 Section 312. Act No. 21 of 1967 as affected by Act No. 105
5 of 1980.--As much as reads "in the court of common pleas" of
6 clause (4) and as much as reads "in the court of common pleas"
7 of the last sentence of clause (5) of section 1408(c) and as
8 much of section 1411 as relates to limitation of time when
9 criminal prosecutions may be brought, act of June 13, 1967
10 (P.L.31, No.21), known as the "Public Welfare Code," as added
11 July 10, 1980 (P.L.493, No.105), are repealed.
12 Section 313. Act No. 8 of 1968 as affected by Act No. 101 of
13 1980.--As much as reads "in the court of common pleas of any
14 county in the metropolitan area in which the charge, service or
15 change of service shall be applicable," of the sixth sentence of
16 section 303(d)(9), act of January 22, 1968 (P.L.42, No.8), known
17 as the "Pennsylvania Urban Mass Transportation Law," added July
18 10, 1980 (P.L.427, No.101), is repealed. Section 303(d)(9) of
19 the act is repealed insofar as relates to practice or procedure
20 in the Supreme Court, Superior Court or Commonwealth Court, or
21 as to practice or procedure in the court of common pleas or
22 before the authority when an appeal has been or is being taken
23 to, or review has been or is being sought in, one of such
24 appellate courts.
25 Section 314. Act No. 318 of 1968 as affected by Act No. 154
26 of 1980.--As much as reads "the Commonwealth Court or the court
27 of common pleas in the county in which the defendant resides or
28 has his place of business" of section 10(a), the entire first
29 sentence of section 12(e) and the entire last sentence of
30 section 13(a), act of September 24, 1968 (P.L.1040, No.318),
19810S1206B1823 - 57 -
1 known as the "Coal Refuse Disposal Control Act," are repealed.
2 Section 315. Act No. 364 of 1972 as affected by Act No. 234
3 of 1980.--As much of section 3 as relates to the definition of
4 "court," act of December 29, 1972 (P.L.1701, No.364), known as
5 the "Health Maintenance Organization Act," is repealed.
6 Section 316. Act No. 142 of 1976.--As much as reads as
7 follows: "who are members of the bar of the Supreme Court" of
8 section 9(b), as much as reads as follows: "Until there are a
9 sufficient number of judges of the Philadelphia Municipal Court
10 who are members of the bar of the Supreme Court to handle such
11 matters the" of section 10 and as much as reads as follows: ",
12 prothonotary of any county except the City and County of
13 Philadelphia, clerk of the courts, Clerk of Quarter Sessions of
14 the City and County of Philadelphia, clerk of the orphans' court
15 division" of section 27, act of July 9, 1976 (P.L.586, No.142),
16 known as the "Judiciary Act of 1976," are repealed.
17 Section 317. Act No. 53 of 1978.--As much of section 2(a) as
18 relates to the act of December 5, 1936 (2nd Sp.Sess., 1937
19 P.L.2897, No.1), known as the "Unemployment Compensation Law,"
20 as reads (at P.L.312) "A determination of the Unemployment
21 Compensation Board of Review under the act, including action by
22 the board disallowing an appeal from a referee, shall be final
23 upon the entry thereof," and section 3(c), act of April 28, 1978
24 (P.L.202, No.53), known as the "Judiciary Act Repealer Act," are
25 repealed.
26 Section 318. Act No. 48 of 1979 as affected by Act No. 136
27 of 1980.--As much as reads "of common pleas of the county in
28 which the new institution health service is located" of section
29 603(b), as much as reads "the Commonwealth" of the second
30 sentence of section 702(d), all of section 712(b), as much as
19810S1206B1823 - 58 -
1 reads "Commonwealth" and "or the court of common pleas of the
2 county in which the facility is located" of section 814(b), as
3 much as reads "Commonwealth", "the" (where it appears preceding
4 the second occurrence of the word "court") and "of common pleas
5 of the county in which the health care facility is located, or
6 in the Commonwealth Court" of subsection (a) and all of
7 subsection (b) of section 815 and as much as reads
8 "Commonwealth" (two occasions) of section 818, act of July 19,
9 1979 (P.L.130, No.48), known as the "Health Care Facilities
10 Act," as amended July 12, 1980 (P.L.655, No.136), are repealed.
11 Section 319. Act No. 97 of 1980.--As much as reads
12 "Commonwealth" and ", which court is hereby granted
13 jurisdiction" of the last sentence of section 603 and the entire
14 third sentence of subsection (a) and all of subsection (d) of
15 section 604, act of July 7, 1980 (P.L.380, No.97), known as the
16 "Solid Waste Management Act," are repealed.
17 Section 320. Act No. 104 of 1980.--Section 8(d), the last
18 sentence of section 16 and as much as reads "Commonwealth" of
19 section 19(c), act of June 10, 1980 (P.L.481, No.104), known as
20 the "Milk Producers' and Cooperative Security Funds Act," are
21 repealed. If, after the expiration of the appeal period
22 prescribed by law, the determination of the Milk Marketing Board
23 under section 8 of the act has not been stayed by a reviewing
24 court, the board shall direct the fiscal agent under the act to
25 pay the claimants from the moneys available in the Milk
26 Producers' Security Fund.
27 Section 321. Act No. 164 of 1980.--The last sentence of
28 section 205(a)(4), act of October 15, 1980 (P.L.950, No.164),
29 known as the "Commonwealth Attorneys Act," is repealed.
30 Section 322. Act No. 222 of 1980.--Section 312, act of
19810S1206B1823 - 59 -
1 December 15, 1980 (P.L.1203, No.222), known as the "Building
2 Energy Conservation Act," is repealed.
3 Section 323. Title 66.--66 Pa.C.S. §§ 317(a)(3) (relating to
4 fees for services rendered by commission) and 903 (relating to
5 restriction on injunctions) are repealed.
6 ARTICLE IV
7 MISCELLANEOUS PROVISIONS
8 Section 401. Applicability of Statutory Construction Act.--
9 This act is intended to integrate into Title 42 of the
10 Pennsylvania Consolidated Statutes all relevant legislation of
11 the 1979-1981 General Assemblies through Act No. 1981-18. The
12 provisions of 1 Pa.C.S. §§ 1952 (relating to effect of separate
13 amendments on code provisions enacted by same General Assembly)
14 and 1974 (relating to effect of separate repeals on code
15 provisions by same General Assembly) shall not be applicable to
16 any act of the 1979-1981 General Assemblies through Act No.
17 1981-18 insofar as relates to Title 42 of the Pennsylvania
18 Consolidated Statutes. Section 601 of the act of October 5, 1980
19 (P.L.693, No.142), known as the "JARA Continuation Act of 1980,"
20 is repealed.
21 Section 402. Effect of Article III.--Article III of this act
22 shall be deemed a part of section 2(a) of the act of April 28,
23 1978 (P.L.202, No.53), known as the "Judiciary Act Repealer Act"
24 for purposes of section 3 of that act.
25 Section 403. Applicability of amendments.--Except as
26 provided in section 404, the amendments to 42 Pa.C.S. Ch. 55
27 (relating to limitation of time), effected by this act shall
28 apply only to causes of action which accrue after the effective
29 date of this act.
30 Section 404. Effective date.--This act shall take effect in
19810S1206B1823 - 60 -
1 60 days except that:
2 (1) The amendment adding 42 Pa.C.S. § 762(a)(1)(ii)
3 (relating to appeals from courts of common pleas) shall take
4 effect immediately and shall be retroactive to December 5,
5 1980.
6 (2) The amendments to 42 Pa.C.S. §§ 4303(a) (relating to
7 effect of judgments and orders as liens), 5501(a) (relating
8 to scope of chapter) and 8301 (relating to death action)
9 effected by this act shall take effect immediately and shall
10 be retroactive to June 27, 1978.
19810S1206B1823 - 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
19810S1206B1823 - 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
19810S1206B1823 - 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/19810S1206B1823 - 64 -