PRIOR PRINTER'S NOS. 41, 223 PRINTER'S NO. 521
No. 39 Session of 1979
INTRODUCED BY MESSRS. BERSON AND SCIRICA, FEBRUARY 2, 1979
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 6, 1979
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 general monetary exemption.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 8123 (a) and (b) of Title 42, act of
7 November 25, 1970 (P.L.707, No.230), known as the Pennsylvania
8 Consolidated Statutes, subsection (a) amended April 28, 1978
9 (P.L.202, No.53), are amended to read:
10 § 8123. General monetary exemption.
11 (a) General rule.--In addition to any other property
12 specifically exempted by this subchapter, property of the
13 judgment debtor to the value of $300, including bank notes,
14 money, securities, real property, judgments or other
15 indebtedness due the judgment debtor, shall be exempt from
16 attachment or execution on a judgment. Within such time as may
17 be prescribed by general rules the judgment debtor may claim the
18 exemption in kind and may designate the specific items of
1 property to which the exemption provided by this section shall
2 be applicable, unless [that] the designated property is not
3 capable of appropriate division, or the judgment debtor may
4 claim the exemption in cash out of the proceeds of the sale.
5 (b) Exception.--Subsection (a) shall not apply to any
6 judgment:
7 (1) For support.
8 (2) Debtor who is not an individual.
9 (3) Obtained for board for four weeks or less.
10 (4) For $100 or less obtained for wages for manual
11 labor.
12 (5) Obtained in foreclosing a mortgage secured upon real
13 property whether the judgment is by an action in mortgage
14 foreclosure or an action on a note, bond or other evidence of
15 indebtedness accompanying a mortgage. THE EXCEPTION TO THE <--
16 GENERAL MONETARY EXEMPTION PROVIDED FOR IN THIS PARAGRAPH (5)
17 SHALL BE LIMITED TO THE REAL PROPERTY SECURED BY THE
18 MORTGAGE. THE EXCEPTION SHALL NOT APPLY TO ANY DEFICIENCY
19 JUDGMENT.
20 * * *
21 Section 2. This act shall take effect immediately and shall
22 be retroactive to June 27, 1978. All amounts heretofore
23 collected by officers enforcing orders under 42 Pa.C.S. § 8123
24 as purported monetary exemptions in mortgage foreclosure actions
25 shall be refunded forthwith to the party entitled thereto.
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