reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 75 - Commencement of Actions › Extra - Chapter Notes

Enactment.
Chapter 75 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date
            of final enactment of the act of April 28, 1978, P.L.202, No.53.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 75 - Commencement of Actions › Section 7501 - Attachment of property prior to judgment

§ 7501. Attachment of property prior to judgment.
(a) General rule.--
Except as otherwise provided in subsection (b) property may be attached prior to judgment in the manner and to the extent prescribed by general rule.
(b) Exemptions.--
Any property exempt under Subchapter B of Chapter 81 (relating to exemptions from execution) from attachment or execution upon a judgment shall be exempt from attachment under this section.
(c) Effect of dissolution.--
If an attachment is dissolved after sale of the property attached, such dissolution shall not have the effect of divesting any estate or interest acquired by virtue of such sale by a person not a party to the attachment.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment.
Act 53 added section 7501.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 75 - Commencement of Actions › Section 7502 - Affidavit of noninvolvement

§ 7502. Affidavit of noninvolvement.
(a) Dismissal by affidavit.--
In any action for negligence, any construction design professional who is retained to perform professional services on a construction project may have the action against such construction design professional dismissed upon the filing of an affidavit of noninvolvement.
(b) Tolling statute.--
The filing of such affidavit shall have the effect of tolling the statute of limitations as to the affiant with respect to the claim at issue.
(c) Reinstatement.--
If the court determines that the statements made in any affidavit filed under subsection (a) are inaccurate, the court shall immediately reinstate the action against the affiant. In any action where the affiant is found by the court to have knowingly filed a false affidavit, such conduct shall constitute just cause for the court to instruct the jury that it may award exemplary damages in relation to such conduct.
(d) Discovery.--
In any action reinstated pursuant to subsection (c), or in any case where the construction design professional is later joined as a defendant, all discovery taken in such action prior to the reinstatement or joinder may be used for any purpose permissible under any statute or rule of court as if the reinstated or joined defendant had participated fully in the action from the date of filing.
(e) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Affidavit of noninvolvement." A statement, in writing, setting forth with particularity facts which demonstrate that the construction design professional is misidentified or otherwise was not involved with regard to the cause of the injury or damage, individually or through its servants or employees, in the performance of professional services which forms the subject matter of the action, signed by the party making it, and sworn to or affirmed before an officer authorized by the laws of this Commonwealth to take acknowledgments of deeds or to administer oaths.
"Construction design professional."
(1) Any person who is an architect, professional engineer, landscape architect or land surveyor licensed by the appropriate State board to practice such profession in this Commonwealth.
(2) Any corporation organized to render professional services through the practice of one or more of such professions in this Commonwealth.
(3) Any employee of such professional who is assisting or representing the professional in the performance of professional services on the site of the construction project.
(June 30, 1988, P.L.464, No.79, eff. imd.)
1988 Amendment.
Act 79 added section 7502.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 75 - Commencement of Actions › Section 7523 - Duties of the Department of State

§ 7523. Duties of the Department of State.
The Department of State is hereby designated as the agency to receive all documents deposited pursuant to Articles 6 and 7 of the interpleader compact. The Department of State is also directed to act as the repository for all such documents and to keep and make available upon request a complete list of the states with which this Commonwealth is party to the interpleader compact together with such other information as may be in its possession concerning the status of such compact in respect to enactment and withdrawals therefrom. A current list of the states with which this Commonwealth is a party to the interpleader compact shall be published by the department in the Pennsylvania Code.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 75 - Commencement of Actions › Section 7524 - Duties of the Governor

§ 7524. Duties of the Governor.
As used in paragraph (c) of Article 7 of the interpleader compact the phrase "executive head" shall mean the Governor of this Commonwealth. In the event that the Governor takes any action pursuant to paragraph (c) of Article 7 of the interpleader compact he shall promptly notify the Department of State and shall deposit with it copies of all official communications and documents relating to the action.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 75 - Commencement of Actions › Section 7532 - General scope of declaratory remedy

§ 7532. General scope of declaratory remedy.
Courts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect, and such declarations shall have the force and effect of a final judgment or decree.
Cross References.
Section 7532 is referred to in section 7536 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 75 - Commencement of Actions › Section 7533 - Construction of documents

§ 7533. Construction of documents.
Any person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise, and obtain a declaration of rights, status, or other legal relations thereunder.
Cross References.
Section 7533 is referred to in section 7536 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 75 - Commencement of Actions › Section 7534 - Before breach of contract

§ 7534. Before breach of contract.
A contract may be construed either before or after there has been a breach thereof.
Cross References.
Section 7534 is referred to in section 7536 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 75 - Commencement of Actions › Section 7535 - Rights of fiduciaries and other persons

§ 7535. Rights of fiduciaries and other persons.
Any person interested, as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, lunatic, or insolvent, may have a declaration of rights or legal relations in respect thereto:
(1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others.
(2) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity.
(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
Cross References.
Section 7535 is referred to in section 7536 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 75 - Commencement of Actions › Section 7536 - Enumeration not exclusive

§ 7536. Enumeration not exclusive.
The enumeration in section 7533 (relating to construction of documents) through 7535 (relating to rights of fiduciaries and other persons) does not limit or restrict the exercise of the general powers, conferred in section 7532 (relating to general scope of declaratory remedy), in any proceeding, where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 75 - Commencement of Actions › Section 7537 - Remedy discretionary

§ 7537. Remedy discretionary.
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding, but as provided in section 7541(b) (relating to effect of alternative remedy), the existence of an alternative remedy shall not be a ground for the refusal to proceed under this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 75 - Commencement of Actions › Section 7538 - Applications for relief

§ 7538. Applications for relief.
(a) General rule.--
Judicial relief based on a declaratory judgment or decree may be granted whenever necessary or proper, subject to Chapter 55 (relating to limitation of time). If an application for supplemental relief is deemed sufficient the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by a previously entered declaratory judgment or decree to show cause why further relief should not be granted.
(b) Form of application.--
An application for relief or supplemental relief under this subchapter shall be in the form prescribed by general rules.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 75 - Commencement of Actions › Section 7539 - Issues of fact

§ 7539. Issues of fact.
(a) General rule.--
Relief may be granted under this subchapter notwithstanding the fact that the purpose or effect of the proceeding, in whole or in part, is to resolve or determine a question of fact.
(b) Jury trial.--
When a proceeding under this subchapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 75 - Commencement of Actions › Section 7540 - Parties

§ 7540. Parties.
(a) General rule.--
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard.
(b) Tax matters.--
In any proceeding which involves the effect of any asserted legal relation, status, right, or privilege upon the determination of any tax, the appropriate taxing authority shall be served with a copy of the proceeding, but if such taxing authority does not enter its appearance, the requirements of this section shall nevertheless be satisfied if the court considers that the interests of the taxing authority are adequately represented.
Saved from Suspension.
Pennsylvania Rule of Civil Procedure No. 2248, adopted June 3, 1994, provided that section 7540 shall not be deemed suspended or affected by Rules 2226 through 2232 relating to joinder of parties.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 75 - Commencement of Actions › Section 7541 - Construction of subchapter

§ 7541. Construction of subchapter.
(a) General rule.--
This subchapter is declared to be remedial. Its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations, and is to be liberally construed and administered.
(b) Effect of alternative remedy.--
The General Assembly finds and determines that the principle rendering declaratory relief unavailable in circumstances where an action at law or in equity or a special statutory remedy is available has unreasonably limited the availability of declaratory relief and such principle is hereby abolished. The availability of declaratory relief shall not be limited by the provisions of 1 Pa.C.S. § 1504 (relating to statutory remedy preferred over common law) and the remedy provided by this subchapter shall be additional and cumulative to all other available remedies except as provided in subsection (c). Where another remedy is available the election of the declaratory judgment remedy rather than another available remedy shall not affect the substantive rights of the parties, and the court may pursuant to general rules change venue, require additional pleadings, fix the order of discovery and proof, and take such other action as may be required in the interest of justice.
(c) Exceptions.--
Relief shall not be available under this subchapter with respect to any:
(1) Action wherein a divorce or annulment of marriage is sought except as provided by 23 Pa.C.S. § 3306 (relating to proceedings to determine marital status).
(2) Proceeding within the exclusive jurisdiction of a tribunal other than a court.
(3) Proceeding involving an appeal from an order of a tribunal.
(Dec. 19, 1990, P.L.1240, No.206, eff. 90 days)
1990 Amendment.
Act 206 amended subsec. (c).
Cross References.
Section 7541 is referred to in section 7537 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 75 - Commencement of Actions › Section 7551 - Enforcement of taxes imposed by other states

§ 7551. Enforcement of taxes imposed by other states.
(a) General rule.--
The courts of this Commonwealth shall recognize and enforce liabilities for taxes lawfully imposed by any other state or any political subdivision thereof, which extends a like comity to this Commonwealth and any political subdivision thereof, and the duly authorized officer of any such state or a political subdivision thereof may sue for the collection of such a tax in the courts of this Commonwealth. A certificate by the Secretary of State of such other state that an officer suing for collection of such a tax is duly authorized to collect the same shall be conclusive proof of such authority.
(b) Interest and penalties.--
For the purposes of this section the words "tax" and "taxes" shall include interest and penalties due under any state taxing statute or local ordinance or resolution. Liability for such interest or penalties, or both, shall be recognized and enforced by the courts of this Commonwealth to the same extent that the laws of such other state permit the enforcement in its courts of liability due under a taxing statute of this Commonwealth or ordinance of any political subdivision thereof.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 77 - Trial › Extra - Chapter Notes

Enactment.
The heading of Chapter 77 was added July 9, 1976, P.L.586, No.142, effective 60 days
            from the date of final enactment of the act of April 28, 1978, P.L.202, No.53, and
            the remaining provisions were added December 20, 1982, P.L.1409, No.326, effective
            in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 77 - Trial › Section 7701 - Procedures, motions and other matters

§ 7701. Procedures, motions and other matters.
All procedures, motions and other matters relating to the trial, by jury or otherwise, of any civil action or proceeding, trial de novo and returns on certiorari from the minor judiciary shall be conducted in the manner, at the times, on the terms and conditions and in the form prescribed by general rules.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 79 - Post-trial Matters › Extra - Chapter Notes

Enactment.
The heading of Chapter 79 was added July 9, 1976, P.L.586, No.142, effective 60 days
            from the date of final enactment of the act of April 28, 1978, P.L.202, No.53, and
            the remaining provisions were added December 20, 1982, P.L.1409, No.326, effective
            in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 79 - Post-trial Matters › Section 7901 - Procedures, motions and other matters

§ 7901. Procedures, motions and other matters.
All post-trial procedures, motions and other matters relating to any civil action or proceeding, trial de novo and returns on certiorari from the minor judiciary shall be conducted in the manner, at the times, on the terms and conditions and in the form prescribed by general rules.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 81 - Judgments and Other Liens › Extra - Chapter Notes

Enactment.
Chapter 81 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date
            of final enactment of the act of April 28, 1978, P.L.202, No.53.
Cross References.
Subchapter B is referred to in section 7501 of this title; section 4361 of Title 23
            (Domestic Relations).
Enactment.
Subchapter C was added April 28, 1978, P.L.202, No.53, effective in 60 days.
Enactment.
Subchapter D was added April 28, 1978, P.L.202, No.53, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 81 - Judgments and Other Liens › Section 8101 - Interest on judgments

§ 8101. Interest on judgments.
Except as otherwise provided by another statute, a judgment for a specific sum of money shall bear interest at the lawful rate from the date of the verdict or award, or from the date of the judgment, if the judgment is not entered upon a verdict or award.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 81 - Judgments and Other Liens › Section 8102 - Contribution among joint judgment debtors

§ 8102. Contribution among joint judgment debtors.
Whenever the property of several persons is subject to the lien of any judgment to the discharge of which such persons should by law or equity contribute, or to which one of such persons should have subrogation against another, the court may require the judgment creditor to levy upon and make sale of the property liable to execution for the payment of the judgment in the proportion or in the succession in which the properties of the several persons are in law or equity liable to contribute towards the discharge of the common incumbrance. The court may direct to what uses the judgment shall be assigned, and when assigned may direct all executions thereon, so as to subserve the rights and equities of all persons whose property is liable to execution.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 81 - Judgments and Other Liens › Section 8104 - Duty of judgment creditor to enter satisfaction

§ 8104. Duty of judgment creditor to enter satisfaction.
(a) General rule.--
A judgment creditor who has received satisfaction of any judgment in any tribunal of this Commonwealth shall, at the written request of the judgment debtor, or of anyone interested therein, and tender of the fee for entry of satisfaction, enter satisfaction in the office of the clerk of the court where such judgment is outstanding, which satisfaction shall forever discharge the judgment.
(b) Liquidated damages.--
A judgment creditor who shall willfully or unreasonably fail without good cause or refuse for more than 90 days after written notice in the manner prescribed by general rules to comply with a request pursuant to subsection (a) shall pay to the judgment debtor as liquidated damages 1% of the original amount of the judgment for each month of delinquency beyond such 90 days, but not less than $250 nor more than $2,500. Such liquidated damages shall be recoverable pursuant to general rules, by supplementary proceedings in the matter in which the judgment was entered.
(June 25, 1997, P.L.321, No.32, eff. imd.)
1997 Amendment.
Act 32 amended subsec. (b).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 81 - Judgments and Other Liens › Section 8121 - Scope of subchapter

§ 8121. Scope of subchapter.
(a) General rule.--
Except as provided by subsection (b) the exemptions from execution specified in this subchapter are in addition to any other exemptions from execution granted by any other statute.
(b) Specific sum of money.--
Except as otherwise expressly provided by statute, where the provisions of this subchapter and of any other statute granting exemption from execution in terms of a specific sum of money are simultaneously applicable to execution against a judgment debtor, such exemptions shall not be aggregated, but the judgment debtor shall be entitled to the benefit of the applicable statute granting exemption in terms of the largest specific sum of money.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 81 - Judgments and Other Liens › Section 8122 - Waiver of exemption

§ 8122. Waiver of exemption.
Exemptions from attachment or execution granted by statute may not be waived by the debtor by express or implied contract before or after the commencement of the matter, the entry of judgment or otherwise.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 81 - Judgments and Other Liens › Section 8123 - General monetary exemption

§ 8123. General monetary exemption.
(a) General rule.--
In addition to any other property specifically exempted by this subchapter, property of the judgment debtor (including bank notes, money, securities, real property, judgments or other indebtedness due the judgment debtor) to the value of $300 shall be exempt from attachment or execution on a judgment. Within such time as may be prescribed by general rules the judgment debtor may claim the exemption in kind and may designate the specific items of property to which the exemption provided by this section shall be applicable unless the designated property is not capable of appropriate division, or the judgment debtor may claim the exemption in cash out of the proceeds of the sale.
(b) Exception.--
Subsection (a) shall not apply to any judgment:
(1) For support.
(2) Debtor who is not an individual.
(3) Obtained for board for four weeks or less.
(4) For $100 or less obtained for wages for manual labor.
(5) Obtained in foreclosing a mortgage secured upon real property whether the judgment is by an action in mortgage foreclosure or an action on a note, bond or other evidence of indebtedness accompanying a mortgage. The exception to the general monetary exemption provided for in this paragraph shall be limited to the real property secured by the mortgage. The exception shall not apply to any deficiency judgment.
(c) Executions issued by minor judiciary.--
As to executions issued by the minor judiciary the amount of the exemption specified in subsection (a) shall be reduced by the value of any real or personal property of the judgment debtor which is generally subject to attachment or execution but which by law is not subject to attachments or executions issued by the minor judiciary.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; June 8, 1979, P.L.42, No.14, eff. imd.; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
1982 Amendment.
Act 326 amended subsecs. (a) and (c).
1979 Amendment.
Act 14 amended subsecs. (a) and (b). Section 2 of Act 14 provided that Act 14 shall be retroactive to June 27, 1978, and further provided that all amounts heretofore collected by officers enforcing orders under 42 Pa.C.S. § 8123 as purported monetary exemptions in mortgage foreclosure actions shall be refunded forthwith to the party entitled thereto.
Saved from Suspension.
Pennsylvania Rule of Civil Procedure No. 3159(b)(9), adopted April 20, 1998, provided that section 8123(b)(3) and (4) shall not be deemed suspended or affected by Rules 3101 through 3149 relating to enforcement of money judgments for the payment of money.
Cross References.
Section 8123 is referred to in sections 3315, 4315, 5315 of Title 68 (Real and Personal Property).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 81 - Judgments and Other Liens › Section 8125 - Tangible personal property exhibited at international exhibitions

§ 8125. Tangible personal property exhibited at international exhibitions.
Tangible personal property on exhibition or deposited by exhibitors at any international exhibition held under the auspices of the Federal Government shall be exempt from distress, attachment, levy, sale or any other seizure for any cause whatsoever in the hands of the authorities of such exhibition or otherwise.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 81 - Judgments and Other Liens › Section 8126 - Common carriers not liable

§ 8126. Common carriers not liable.
No common carrier or other person engaged in the business of forwarding or transporting tangible personal property shall be liable in attachment as garnishee or otherwise when such tangible personal property is in transit and at the time of service of process is beyond the limits of this Commonwealth without default, collusion or fraud on the part of such person.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 81 - Judgments and Other Liens › Section 8128 - Transfer of claim to avoid policy of Commonwealth

§ 8128. Transfer of claim to avoid policy of Commonwealth.
(a) General rule.--
It shall be unlawful for any creditor or obligee to commence an action on or to transfer any claim against a resident of this Commonwealth for the purpose of having such claim collected by proceedings in a forum which accords such resident less favorable exemptions from attachment or execution than are accorded by this Commonwealth, or for the purpose of depriving such resident of the right to have his personal earnings while in the hands of his employer exempt from application to the payment of his debts.
(b) Remedy.--
In addition to remedy by injunction or otherwise, a resident of this Commonwealth who is aggrieved by any action by a creditor or obligee in violation of subsection (a) shall have a right of action against the creditor or obligee for treble the amount recovered from such resident in violation of this section and reasonable counsel fees. The transfer of any claim against the resident and the commencement of any action thereon outside this Commonwealth shall be prima facie evidence of a purpose to violate the provisions of subsection (a).
(c) Application to Title 15.--
The provisions of this section shall also apply to the limitations set forth in 15 Pa.C.S. § 1929.1 (relating to limitations on asbestos-related liabilities relating to certain mergers or consolidations).
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Dec. 17, 2001, P.L.904, No.101, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 81 - Judgments and Other Liens › Section 8141 - Time from which liens have priority

§ 8141. Time from which liens have priority.
Liens against real property shall have priority over each other on the following basis:
(1) Purchase money mortgages, from the time they are delivered to the mortgagee, if they are recorded within ten days after their date; otherwise, from the time they are left for record. A mortgage is a "purchase money mortgage" to the extent that it is:
(i) taken by the seller of the mortgaged property to secure the payment of all or part of the purchase price; or
(ii) taken by a mortgagee other than the seller to secure the repayment of money actually advanced by such person to or on behalf of the mortgagor at the time the mortgagor acquires title to the property and used by the mortgagor at that time to pay all or part of the purchase price, except that a mortgage other than to the seller of the property shall not be a purchase money mortgage within the meaning of this section unless expressly stated so to be.
(2) Other mortgages and defeasible deeds in the nature of mortgages, from the time they are left for record.
(3) Verdicts for a specific sum of money, from the time they are recorded by the court.
(4) Adverse judgments and other orders, from the time they are rendered.
(5) Amicable judgments, from the time the instruments on which they are entered are left for entry.
(6) Writs which when issued and indexed by the office of the clerk of the court of common pleas create liens against real property, from the time they are issued.
(7) Other instruments which when entered or filed and indexed in the office of the clerk of the court of common pleas create liens against real property, from the time they are left for entry or filing.
Cross References.
Section 8141 is referred to in section 8143 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 81 - Judgments and Other Liens › Section 8142 - Endorsement of time

§ 8142. Endorsement of time.
(a) Recorder of deeds.--
The recorder of deeds shall endorse upon each mortgage and defeasible deed and on the record thereof, the time when each is left for record.
(b) Recorded verdicts, etc.--
The person who records a verdict or a judgment or other order rendered in open court shall endorse on the record thereof the time it was recorded.
(c) Orders signed by a judge.--
The judge who signs a judgment or other order shall endorse thereon the time he signed it.
(d) Writs and amicable judgments.--
The office of the clerk of the court of common pleas shall endorse upon:
(1) Each instrument on which an amicable judgment is entered or which otherwise creates a lien against real property, the time it was left for entry or filing.
(2) Each writ creating a lien against real property, the time it was issued.
(e) Docket entries.--
The office of the clerk of the court of common pleas shall note on the dockets in such office where each verdict, judgment, order, instrument or writ creating a lien against real property is entered, the time it was recorded, rendered, left for filing, or issued.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 81 - Judgments and Other Liens › Section 8144 - Mortgages to secure certain advances

§ 8144. Mortgages to secure certain advances.
In addition to any other indebtedness, a mortgage may secure unpaid balances of advances made, with respect to the mortgaged premises, for the payment of taxes, assessments, maintenance charges, insurance premiums or costs incurred for the protection of the mortgaged premises or the lien of the mortgage, expenses incurred by the mortgagee by reason of default by the mortgagor under the mortgage or advances made under a construction loan to enable completion of the improvements for which the construction loan was originally made, if such mortgage states that it shall secure such unpaid balances. A mortgage complying with this section is a lien on the premises described therein from the time the mortgage is left for record or the time of delivery to the mortgagee of a purchase money mortgage which is recorded within ten days after its date for the full amount of the unpaid balances of such advances that are made under the mortgage, plus interest thereon, regardless of the time when the advances are made.
(Oct. 12, 1990, P.L.525, No.126, eff. 60 days)
1990 Amendment.
Act 126 added section 8144. Section 2 of Act 126 provided that nothing contained in Act 126 shall be construed to affect the priority of advances made under any mortgage recorded before the effective date of Act 126.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 81 - Judgments and Other Liens › Section 8151 - Notice to Department of Revenue of judicial sale of property

§ 8151. Notice to Department of Revenue of judicial sale of property.
(a) General rule.--
No judicial officer or officer enforcing orders of a court or magisterial district judge shall, as such, sell the property of any person without filing with the Department of Revenue at least 20 days prior to the sale a report or return with respect to such property containing such information as the department may specify by regulation.
(b) Exceptions.--
The department may by regulation exempt certain classes of transactions from the requirements of subsection (a) if it finds that such reports are not necessary to facilitate the collection of the public revenues. The requirements of subsection (a) shall not be applicable to any transaction where the court, after notice to the department, finds that the exigency of the case is such as to impel the omission of usual procedures.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment.
Act 207 amended subsec. (a). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
Saved from Suspension.
Pennsylvania Rule of Civil Procedure for District Justices No. 482(7), as amended June 30, 1982, provided that section 8151 shall not be deemed suspended or affected. Rules 401 through 482 relate to execution of judgments for the payment of money rendered by district justices. Act 207 of 2004 changed justices of the peace to magisterial district judges. Rule 482 can now be found in the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges.
Pennsylvania Rule of Civil Procedure No. 3159(b)(8), adopted April 20, 1998, provided that section 8151 shall not be deemed suspended or affected by Rules 3101 through 3149 relating to enforcement of money judgments for the payment of money.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 81 - Judgments and Other Liens › Section 8152 - Judicial sale as affecting lien of mortgage

§ 8152. Judicial sale as affecting lien of mortgage.
(a) General rule.--
Except as otherwise provided in this section, a judicial or other sale of real estate shall not affect the lien of a mortgage thereon, if the lien of the mortgage is or shall be prior to all other liens upon the same property except:
(1) Other mortgages, ground rents and purchase money due the Commonwealth.
(2) Taxes, municipal claims and assessments, not at the date of the mortgage duly entered as a lien in the office of the clerk of the court of common pleas.
(3) Taxes, municipal claims and assessments whose lien though afterwards accruing has by law priority given it.
(b) Property of a decedent, etc.--
A judicial sale of the property shall divest the lien of a mortgage to the extent authorized by the court pursuant to the following provisions of Title 20 (relating to decedents, estates and fiduciaries):
Section 3353 (relating to order of court).
Section 3357 (relating to title of purchaser).
(c) Sale on prior lien.--
A judicial or other sale of real estate in proceedings under a prior judgment or a prior ground rent, or in foreclosure of a prior mortgage, shall discharge a mortgage later in lien.
(d) Unseated lands.--
Subsection (a) shall not apply to mortgages upon unseated lands or sales of unseated lands for taxes.
Cross References.
Section 8152 is referred to in sections 3315, 4315, 5315 of Title 68 (Real and Personal Property).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Extra - Chapter Notes

Enactment.
Unless otherwise noted, the provisions of Title 42 were added July 9, 1976, P.L.586,
            No.142, effective 60 days from the date of final enactment of the act of April 28,
            1978, P.L.202, No.53. Act 142 also amended certain part headings and repealed former
            Chapter 83 which were added November 15, 1972, P.L.1063, No.271.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8301 - Death action

§ 8301. Death action.
(a) General rule.--
An action may be brought, under procedures prescribed by general rules, to recover damages for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another if no recovery for the same damages claimed in the wrongful death action was obtained by the injured individual during his lifetime and any prior actions for the same injuries are consolidated with the wrongful death claim so as to avoid a duplicate recovery.
(b) Beneficiaries.--
Except as provided in subsection (d), the right of action created by this section shall exist only for the benefit of the spouse, children or parents of the deceased, whether or not citizens or residents of this Commonwealth or elsewhere. The damages recovered shall be distributed to the beneficiaries in the proportion they would take the personal estate of the decedent in the case of intestacy and without liability to creditors of the deceased person under the statutes of this Commonwealth.
(c) Special damages.--
In an action brought under subsection (a), the plaintiff shall be entitled to recover, in addition to other damages, damages for reasonable hospital, nursing, medical, funeral expenses and expenses of administration necessitated by reason of injuries causing death.
(d) Action by personal representative.--
If no person is eligible to recover damages under subsection (b), the personal representative of the deceased may bring an action to recover damages for reasonable hospital, nursing, medical, funeral expenses and expenses of administration necessitated by reason of injuries causing death.
(Dec. 20, 1982, P.L.1409, No.326, eff. imd.; July 6, 1995, P.L.309, No.46, eff. 60 days)
1995 Amendment.
Act 46 amended subsec. (a). Section 2 of Act 46 provided that Act 46 shall apply to a cause of action that accrues on or after the effective date of Act 46.
1982 Amendment.
Act 326 amended subsecs. (a), (c) and (d), retroactive to June 27, 1978.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8302 - Survival action

§ 8302. Survival action.
All causes of action or proceedings, real or personal, shall survive the death of the plaintiff or of the defendant, or the death of one or more joint plaintiffs or defendants.
Cross References.
Section 8302 is referred to in section 3371 of Title 20 (Decedents, Estates and Fiduciaries).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8303 - Action for performance of a duty required by law

§ 8303. Action for performance of a duty required by law.
A person who is adjudged in an action in the nature of mandamus to have failed or refused without lawful justification to perform a duty required by law shall be liable in damages to the person aggrieved by such failure or refusal.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8304 - Damages in actions on bad checks

§ 8304. Damages in actions on bad checks.
(a) General rule.--
In a civil action to recover damages and costs following a conviction for passing a bad check pursuant to 18 Pa.C.S. § 4105 (relating to bad checks) and failure to make full restitution, the payee shall, upon obtaining judgment, be entitled to recover damages in an amount equal to $100 or triple the amount for which the check was drawn, whichever is greater.
(b) Limitation.--
Damages recovered under this section may not exceed by more than $500 the value of the check and shall be awarded only if:
(1) the payee made written demand of the issuer for payment of the amount of the check, including interest and service charges authorized by 18 Pa.C.S. § 4105(e), not less than ten days before commencing the action; and
(2) the issuer failed to tender to the payee, prior to commencement of the action, an amount of money not less than the amount demanded.
(c) Restriction.--
Notwithstanding subsection (a), if partial restitution has been made, damages recovered under this section may not exceed triple the amount of the unpaid restitution.
(Dec. 11, 1986, P.L.1481, No.151, eff. 90 days; Dec. 15, 1986, P.L.1598, No.177, eff. 60 days; June 22, 2000, P.L.382, No.50, eff. 60 days)
2000 Amendment.
Act 50 amended subsec. (b).
1986 Amendments.
Acts 151 and 177 added section 8304. The amendments by Acts 151 and 177 are identical and therefore have been merged.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8305 - Actions for wrongful birth and wrongful life

§ 8305. Actions for wrongful birth and wrongful life.
(a) Wrongful birth.--
There shall be no cause of action or award of damages on behalf of any person based on a claim that, but for an act or omission of the defendant, a person once conceived would not or should not have been born. Nothing contained in this subsection shall be construed to prohibit any cause of action or award of damages for the wrongful death of a woman, or on account of physical injury suffered by a woman or a child, as a result of an attempted abortion. Nothing contained in this subsection shall be construed to provide a defense against any proceeding charging a health care practitioner with intentional misrepresentation under the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act, the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, or any other act regulating the professional practices of health care practitioners.
(b) Wrongful life.--
There shall be no cause of action on behalf of any person based on a claim of that person that, but for an act or omission of the defendant, the person would not have been conceived or, once conceived, would or should have been aborted.
(c) Conception.--
A person shall be deemed to be conceived at the moment of fertilization.
(Apr. 13, 1988, P.L.336, No.47, eff. imd.)
1988 Amendment.
Act 47 added section 8305. Section 7 of Act 47 provided that section 8305 shall not apply to any case in which a final award of damages has been made and with regard to which the time to take an appeal has expired without an appeal being taken. Section 8 of Act 47 provided that, except as provided in section 2 of Act 47, which added section 8305, section 8305 shall have retroactive effect, including application to any case pending or on appeal.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8306 - Defense against claim for injury sustained in utero barred

§ 8306. Defense against claim for injury sustained in utero barred.
Where a person has, by reason of the wrongful act or negligence of another, sustained injury while in utero, it shall not be a defense to any action brought to recover damages for the injury, or a factor in mitigation of damages, that the person could or should have been aborted.
(Apr. 13, 1988, P.L.336, No.47, eff. imd.)
1988 Amendment.
Act 47 added section 8306. Section 7 of Act 47 provided that section 8306 shall not apply to any case in which a final award of damages has been made and with regard to which the time to take an appeal has expired without an appeal being taken. Section 8 of Act 47 provided that, except as provided in section 2 of Act 47, which added section 8306, section 8306 shall have retroactive effect, including application to any case pending or on appeal.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8307 - Action by parent, guardian or other custodian for damages in the sale or transfer of controlled substances to a child

§ 8307. Action by parent, guardian or other custodian for damages in the sale or transfer of controlled substances to a child.
(a) Cause of action established.--
The parent, guardian or other custodian of any child under 18 years of age to whom a controlled substance or designer drug, as defined under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, is sold or transferred shall have a cause of action against the person who sold or transferred the controlled substance or the designer drug to the child, and recovery may be sought by the child's parent, guardian or other custodian for damages caused by the sale or transfer of the controlled substance or designer drug.
(b) Damages.--
Damages shall include the cost for treatment and rehabilitation relating to or resulting from the child's drug dependency or use. The court may order that some or all of this award be placed in a fund for the purpose of providing for the treatment and rehabilitation of the child's drug dependency or use, including past treatment and rehabilitation.
(c) Attorney fees.--
Reasonable attorney fees shall be awarded to a party that brings suit and prevails under this cause of action.
(d) Exception.--
This section shall not apply to a practitioner who sells or transfers a controlled substance listed in The Controlled Substance, Drug, Device and Cosmetic Act to a child pursuant to a valid prescription.
(Dec. 22, 1989, P.L.722, No.96, eff. 60 days)
1989 Amendment.
Act 96 added section 8307.