HOUSE AMENDED PRIOR PRINTER'S NO. 1086 PRINTER'S NO. 2102
No. 910 Session of 1983
INTRODUCED BY SNYDER, ANDREZESKI, SHAFFER, ROCKS, GREENLEAF, SHUMAKER AND WENGER, JULY 1, 1983
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 13, 1984
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, further providing for 3 compulsory arbitration. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 7361 of Title 42 of the Pennsylvania 7 Consolidated Statutes is amended to read: 8 § 7361. Compulsory arbitration. 9 (a) General rule.--Except as provided in subsection (b), 10 when prescribed by general rule or rule of court such civil 11 matters or issues therein as shall be specified by rule shall 12 first be submitted to and heard by a board of three members of 13 the bar of the court. 14 (b) Limitations.--No matter shall be referred under 15 subsection (a): 16 (1) which involves title to real property; or 17 (2) where the amount in controversy, exclusive of
1 interest and costs, exceeds[:] $40,000. <-- 2 (I) THE AMOUNT, BUT NOT MORE THAN $40,000, PROVIDED <-- 3 BY RULE OF COURT IN JUDICIAL DISTRICTS EMBRACING FIRST 4 CLASS COUNTIES OR HOME RULE COUNTIES WHICH, BUT FOR THE 5 ADOPTION OF A HOME RULE CHARTER, WOULD BE A COUNTY OF THE 6 FIRST CLASS; 7 [(i)] (II) $20,000 in judicial districts embracing <-- 8 [first,] second, second class A or third class counties <-- 9 or home rule counties which but for the adoption of a 10 home rule charter would be a county of one of these 11 classes; or 12 [(ii)] (III) $10,000 in any other judicial <-- 13 district.] <-- 14 (c) Procedure.--The arbitrators appointed pursuant to this 15 section shall have such powers and shall proceed in such manner 16 as shall be prescribed by general rules. 17 (d) Appeal for trial de novo.--Any party to a matter shall 18 have the right to appeal for trial de novo in the court. The 19 party who takes the appeal shall pay such amount or proportion 20 of fees and costs and shall comply with such other procedures as 21 shall be prescribed by general rules. In the absence of appeal 22 the judgment entered on the award of the arbitrators shall be 23 enforced as any other judgment of the court. For the purposes of 24 this section and section 5571 (relating to appeals generally) an 25 award of arbitrators constitutes an order of a tribunal. 26 Section 2. This act shall take effect in 60 days. F1L42SG/19830S0910B2102 - 2 -