PRINTER'S NO. 3778

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 2541 Session of 2008

        INTRODUCED BY MILNE, ADOLPH, ARGALL, BOBACK, BUXTON,
           CALTAGIRONE, CAUSER, CREIGHTON, CUTLER, DALLY, EVERETT,
           FAIRCHILD, GEIST, GILLESPIE, HALUSKA, HARPER, HARRIS,
           HERSHEY, HICKERNELL, KILLION, KOTIK, R. MILLER, MOUL, MURT,
           NICKOL, PICKETT, PYLE, REICHLEY, ROSS, RUBLEY, SAYLOR,
           SCAVELLO, SIPTROTH, STERN, SWANGER, J. TAYLOR AND J. WHITE,
           MAY 14, 2008

        REFERRED TO COMMITTEE ON JUDICIARY, MAY 14, 2008

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     jurisdiction and venue.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 1515(a)(3) of Title 42 of the
     7  Pennsylvania Consolidated Statutes is amended to read:
     8  § 1515.  Jurisdiction and venue.
     9     (a)  Jurisdiction.--Except as otherwise prescribed by general
    10  rule adopted pursuant to section 503 (relating to reassignment
    11  of matters), magisterial district judges shall, under procedures
    12  prescribed by general rule, have jurisdiction of all of the
    13  following matters:
    14         * * *
    15         (3)  Civil claims, except claims against a Commonwealth
    16     party as defined by section 8501 (relating to definitions),

     1     wherein the sum demanded does not exceed [$8,000] $15,000,
     2     exclusive of interest and costs, in the following classes of
     3     actions:
     4             (i)  In assumpsit, except cases of real contract
     5         where the title to real estate may be in question.
     6             (ii)  In trespass, including all forms of trespass
     7         and trespass on the case.
     8             (iii)  For fines and penalties by any government
     9         agency.
    10     A plaintiff may waive a portion of his claim of more than
    11     [$8,000] $15,000 so as to bring the matter within the
    12     monetary jurisdiction of a magisterial district [justice]
    13     judge. Such waiver shall be revoked automatically if the
    14     defendant appeals the final order of the magisterial district
    15     judge or when the judgment is set aside upon certiorari.
    16         * * *
    17     Section 2.  This act shall take effect in 60 days.









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