PRINTER'S NO. 35
No. 35 Session of 1989
INTRODUCED BY HOLL, JANUARY 23, 1989
REFERRED TO JUDICIARY, JANUARY 23, 1989
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, increasing the
3 arbitration limit; and providing for certification of
4 pleadings, motions and other papers.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 7361(b) of Title 42 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 7361. Compulsory arbitration.
10 * * *
11 (b) Limitations.--No matter shall be referred under
12 subsection (a):
13 (1) which involves title to real property; or
14 (2) where the amount in controversy, exclusive of
15 interest and costs, exceeds:
16 (i) [$20,000] $35,000 in judicial districts
17 embracing first, second, second class A or third class
18 counties or home rule counties which but for the adoption
1 of a home rule charter would be a county of one of these
2 classes; or
3 (ii) [$10,000] $17,500 in any other judicial
4 district.
5 * * *
6 Section 2. Title 42 is amended by adding a section to read:
7 § 8355. Certification of pleadings, motions and other papers.
8 Every pleading, motion and other paper of a party represented
9 by an attorney shall be signed by at least one attorney of
10 record in his individual name, whose address shall be stated. A
11 party who is not represented by an attorney shall sign his
12 pleading, motion or other paper and state his address. Except
13 when otherwise specifically provided by rule or statute,
14 pleadings need not be verified or accompanied by affidavit. The
15 signature of an attorney or party constitutes a certification by
16 him that he has read the pleading, motion or other paper; that,
17 to the best of his knowledge, information and belief formed
18 after reasonable inquiry, it is well grounded in fact and is
19 warranted by existing law or a good-faith argument for the
20 extension, modification or reversal of existing law; and that it
21 is not interposed for any improper purpose, such as to harass or
22 to cause unnecessary delay or increase in the cost of
23 litigation. If a pleading, motion or other paper is not signed,
24 it shall be stricken unless it is signed promptly after the
25 omission is called to the attention of the pleader or movant. If
26 a pleading, motion or other paper is signed in violation of this
27 section, the court, upon motion or upon its own initiative,
28 shall impose upon the person who signed it or a represented
29 party, or both, an appropriate sanction, which may include an
30 order to pay to the other party or parties the amount of
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1 reasonable expenses incurred because of the filing of the
2 pleading, motion or other paper, including a reasonable attorney
3 fee. This section is in addition to and shall not be construed
4 to limit any other remedies or sanctions provided by law.
5 Section 3. Section 1 of this act shall apply to actions
6 commenced on and after the effective date of this act.
7 Section 4. This act shall take effect in 60 days.
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