reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8337.1 - Civil immunity of school officers or employees relating to emergency care, first aid and rescue

§ 8337.1. Civil immunity of school officers or employees relating to emergency care, first aid and rescue.
(a) General rule.--
An officer or employee of a school who in good faith believes that a student needs emergency care, first aid or rescue and who provides such emergency care, first aid or rescue to the student or who removes the student receiving such emergency care, first aid or rescue to a hospital or other place of medical care shall be immune from civil liability as a result of any acts or omissions by the officer or employee, except any acts or omissions intentionally designed to seriously harm or any grossly negligent acts or omissions which result in serious bodily harm to the student receiving emergency care.
(b) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Good faith." Includes, but is not limited to, a reasonable nonmedical opinion that the immediacy of the situation is such that the rendering of care should not be postponed.
"Officer or employee of a school." A school director, principal, superintendent, teacher, guidance counselor, support staff member or other educational or medical employee employed in a day or residential school which provides preschool, kindergarten, elementary or secondary education in this Commonwealth at either a public or nonpublic school.
(Nov. 22, 2000, P.L.690, No.93, eff. 60 days)
2000 Amendment.
Act 93 added section 8337.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8338 - Liability for damages from donated food and grocery products

§ 8338. Liability for damages from donated food and grocery products.
(a) General rule.--
A person is not subject to civil or criminal liability arising from the nature, age, packaging or condition of apparently wholesome food or of grocery products apparently fit for household consumption or use that the person donated in good faith to a nonprofit organization for ultimate free distribution to needy individuals. This section does not apply to an injury or death of the ultimate users or recipients of the food or grocery products that results from an act or omission of the donor constituting gross negligence, recklessness or intentional misconduct.
(b) Recklessness, gross negligence or intentional misconduct.--
A person who permits gleaning on property owned or occupied by him is not subject to civil or criminal liability that arises due to the injury or death of any individual involved in the collection or gleaning of donations, unless the injury or death results from an act or omission of said person constituting gross negligence, recklessness or intentional misconduct.
(c) Nonliability.--
This section does not create any liability.
(d) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Donate." To give or distribute without requiring anything of monetary value from the ultimate recipient. For purposes of this section, a nonprofit organization may donate to another nonprofit organization, notwithstanding that the donor organization has charged a processing fee to the donee organization, provided the ultimate recipient or user is not required to give anything of monetary value.
"Glean." To harvest for ultimate free distribution to needy individuals an agricultural crop that has been donated by any person.
"Grocery products." Any nonfood grocery products, including, but not limited to, disposable paper and plastic products, household cleaning products, bottled water, laundry detergents and cleaning products and miscellaneous household items.
"Nonprofit organization." An incorporated or unincorporated organization that has been incorporated or established and is operating for religious, charitable or education purposes and that does not distribute any of its income to its members, directors or officers.
"Person." Any individual, corporation, partnership, organization, association or government entity, including, but not limited to, retail grocers, wholesalers, manufacturers, restaurants, caterers, farmers, nonprofit food distributors and hospitals. In the case of a corporation, partnership, organization, association or governmental entity, the term also includes, but is not limited to, the officers, directors, partners, deacons, trustees, council members or other elected or appointed individuals responsible for the governance of such entity.
(Apr. 5, 1990, P.L.113, No.27, eff. 60 days)
1990 Amendment.
Act 27 added section 8338.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8338.1 - Liability for damages from donated vehicles or equipment to volunteer fire companies

§ 8338.1. Liability for damages from donated vehicles or equipment to volunteer fire companies.
(a) General rule.--
A person is not subject to civil liability arising from the nature or condition of vehicles or equipment which were reasonably believed to be in good condition, donated in good faith to a volunteer fire company and for which all known defects were disclosed by the person to the volunteer fire company. Any person donating vehicles or equipment shall reveal all known defects to the donee. This section does not apply to an injury or death to any person that results from an act or omission of the donor constituting gross negligence, recklessness or intentional misconduct.
(b) Nonliability.--
This section shall not be construed as establishing any liability.
(c) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Donate." To give or distribute without requiring anything of monetary value from the ultimate recipient. For purposes of this section, a volunteer fire company may donate to another volunteer fire company, notwithstanding that the donor has charged a processing fee to the donee, provided the ultimate recipient or user is not required to give anything of monetary value.
"Person." An individual, corporation, partnership, organization, association or government entity. In the case of a corporation, partnership, organization, association or governmental entity, the term also includes, but is not limited to, an officer, director, partner, deacon, trustee, council member or other elected or appointed individual responsible for the governance of such entity.
"Volunteer ambulance service." Any nonprofit chartered corporation, association or organization which is located in this Commonwealth and which is regularly engaged in the service of providing emergency medical care and transportation of patients.
"Volunteer fire company." Any nonprofit chartered corporation, association or organization which is located in this Commonwealth and which provides fire protection services and other voluntary emergency services within this Commonwealth. Voluntary emergency services provided by a volunteer fire company may include voluntary ambulance and voluntary rescue services.
"Volunteer rescue service." Any nonprofit chartered corporation, association or organization which is located in this Commonwealth and which provides rescue services in this Commonwealth.
(Dec. 1, 2004, P.L.1747, No.225, eff. 60 days)
2004 Amendment.
Act 225 added section 8338.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8339 - Agricultural immunity

§ 8339. Agricultural immunity.
(a) General rule.--
No cause of action shall arise against the owner, tenant or lessee of land or premises for injuries to any person, other than an employee or contractor of the owner, tenant or lessee, who is on the land or premises for the purpose of picking and purchasing agricultural or farm products at a farm or "u-pick" operation, unless the person's injuries were caused by a condition which involved an unreasonable risk of harm and all of the following apply:
(1) The owner, tenant or lessee knew or had reason to know of the condition or risk.
(2) The owner, tenant or lessee failed to exercise reasonable care to make the condition safe or to warn the person of the condition or risk.
(b) Definitions.--
As used in this section, the term "agricultural or farm products" means the natural products of the farm, nursery, grove, orchard, vineyard, garden and apiary, including, but not limited to, trees and firewood.
(July 11, 1990, P.L.464, No.112, eff. imd.)
1990 Amendment.
Act 112 added section 8339.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8339.1 - Railroad civil immunity

§ 8339.1. Railroad civil immunity.
(a) General rule.--
A railroad carrier owes no duty of care to keep its railroad property safe for entry or use by any trespasser who enters upon any railroad property or railroad right-of-way or to give any warning to such trespasser entering or going on that railroad property of a dangerous condition, use or activity thereon. Except as set forth in subsection (b), a railroad carrier shall not:
(1) Be presumed to extend any assurance to a trespasser entering or going on railroad property without the railroad carrier's consent that the railroad property is safe for any purpose.
(2) Incur any duty of care toward a trespasser entering or going on railroad property without the railroad carrier's consent.
(3) Become liable for any injury to a trespasser entering or going on railroad property without the railroad carrier's consent caused by an act or omission of such trespasser.
(b) Limitation.--
Nothing in this section limits in any way any liability which otherwise exists for willful or wanton failure to guard or warn against a dangerous condition, use or activity.
(c) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Trespasser." A person who enters onto railroad property without any right, lawful authority or the express consent of the railroad.
(July 15, 2004, P.L.691, No.74, eff. 60 days)
2004 Amendment.
Act 74 added section 8339.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8340 - Immunity of program administrators and supervisors

§ 8340. Immunity of program administrators and supervisors.
Any probation officer or agent of the Department of Corrections and any public service or charitable agency or organization or political subdivision, or any official or employee thereof, supervising or administering any restitution or community service program approved by the court of common pleas or the Department of Corrections shall be immune from any civil action for damages brought by or on behalf of any person involved in the program or damages caused by any person involved in the program. Nothing in this section shall be construed to limit or otherwise affect or preclude liability resulting from gross negligence or intentional misconduct or reckless misconduct.
(Feb. 12, 1992, P.L.1, No.1, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8340.1 - Employer immunity from liability for disclosure of information regarding former or current employees

§ 8340.1. Employer immunity from liability for disclosure of information regarding former or current employees.
(a) General rule.--
An employer who discloses information about a current or former employee's job performance to a prospective employer of the current or former employee, upon request of the prospective employer or the current or former employee, is presumed to be acting in good faith and, unless lack of good faith is demonstrated by clear and convincing evidence, is immune from civil liability for such disclosure or its consequences in any case brought against the employer by the current or former employee. The presumption of good faith may be rebutted only by clear and convincing evidence establishing that the employer disclosed information that:
(1) the employer knew was false or in the exercise of due diligence should have known was false;
(2) the employer knew was materially misleading;
(3) was false and rendered with reckless disregard as to the truth or falsity of the information; or
(4) was information the disclosure of which is prohibited by any contract, civil, common law or statutory right of the current or former employee.
(b) Effect upon immunity.--
This section shall not be construed to affect immunities from civil liability or defenses established by law or available at common law to which an employer may be entitled.
(c) Definition.--
As used in this section, the term "employer" means a business enterprise of whatever form, a public or nonprofit entity or any person acting on behalf of the business enterprise or public or nonprofit entity.
(June 15, 2005, P.L.6, No.3, eff. 60 days)
2005 Amendment.
Act 3 added section 8340.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8340.2 - Civil immunity for use of force

§ 8340.2. Civil immunity for use of force.
(a) General rule.--
An actor who uses force:
(1) in self-protection as provided in 18 Pa.C.S. § 505 (relating to use of force in self-protection);
(2) in the protection of other persons as provided in 18 Pa.C.S. § 506 (relating to use of force for the protection of other persons);
(3) for the protection of property as provided in 18 Pa.C.S. § 507 (relating to use of force for the protection of property);
(4) in law enforcement as provided in 18 Pa.C.S. § 508 (relating to use of force in law enforcement); or
(5) consistent with the actor's special responsibility for care, discipline or safety of others as provided in 18 Pa.C.S. § 509 (relating to use of force by persons with special responsibility for care, discipline or safety of others)
is justified in using such force and shall be immune from civil liability for personal injuries sustained by a perpetrator which were caused by the acts or omissions of the actor as a result of the use of force.
(b) Attorney fees and costs.--
If the actor who satisfies the requirements of subsection (a) prevails in a civil action initiated by or on behalf of a perpetrator against the actor, the court shall award reasonable expenses to the actor. Reasonable expenses shall include, but not be limited to, attorney fees, expert witness fees, court costs and compensation for loss of income.
(c) Definition.--
As used in this section, the term "perpetrator" shall mean a person against whom an actor is justified in using force as provided by 18 Pa.C.S. § 505, 506, 507, 508 or 509.
(June 28, 2011, P.L.48, No.10, eff. 60 days)
2011 Amendment.
Act 10 added section 8340.2. See the preamble to Act 10 in the appendix to this title for special provisions relating to legislative findings.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8340.3 - Rescue from motor vehicle

§ 8340.3. Rescue from motor vehicle.
(a) Rescue of individual.--
No person shall be liable for damage to a motor vehicle or the contents thereof caused by entry into the motor vehicle for the purpose of removing an individual from the motor vehicle, if the person:
(1) Has a good faith, reasonable belief that the individual is in imminent danger of suffering harm if not immediately removed from the motor vehicle.
(2) Determines that the individual is unable to exit the motor vehicle without assistance.
(3) Makes a reasonable effort to locate the driver of the motor vehicle and to contact law enforcement, a fire department or other emergency responder prior to entry. If the driver is not located and such contact is not possible prior to entering the motor vehicle, the person shall contact law enforcement, a fire department or other emergency responder as soon as reasonably possible after entering the motor vehicle.
(4) Uses no more force than necessary under the circumstances to enter the motor vehicle.
(5) Makes a good faith effort to leave notice on or in the motor vehicle stating the reason the entry was made, the location of the individual who was removed from the motor vehicle and, if possible, identifying the police or fire department or other emergency responder that is expected to respond.
(6) Remains with the individual in a safe location until law enforcement or emergency responders arrive.
(b) Rescue of dog or cat.--
No law enforcement officer, animal control officer, humane society police officer or emergency responder, or the employer of a law enforcement officer, humane society police officer or emergency responder, shall be liable for damage to a motor vehicle or the contents thereof caused by entry into the motor vehicle for the purpose of removing a dog or cat, if the law enforcement officer, humane society police officer or emergency responder does all of the following:
(1) Has a good-faith, reasonable belief that the dog or cat is in imminent danger of suffering harm if not immediately removed from the motor vehicle.
(2) Makes a reasonable effort to locate the driver of the motor vehicle prior to entry.
(3) Takes reasonable steps to ensure or restore the well-being of the dog or cat.
(4) Uses no more force than necessary under the circumstances to enter the motor vehicle.
(5) Leaves notice on or in the motor vehicle stating the reason entry was made, the name of the person and of the person's employer, a telephone number and, if possible, the location where the dog or cat may be retrieved.
(c) Limitation.--
A person shall not be immune from civil liability for damage resulting from the entry if the person's actions constitute gross negligence, recklessness or willful or wanton misconduct.
(Oct. 24, 2018, P.L.685, No.104, eff. 60 days; May 15, 2019, P.L.27, No.5, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8341 - Single publication limitation

§ 8341. Single publication limitation.
(a) Short title of section.--
This section shall be known and may be cited as the "Uniform Single Publication Act."
(b) General rule.--
No person shall have more than one cause of action for damages for libel or slander, or invasion of privacy, or any other tort founded upon any single publication, or exhibition, or utterance, such as any one edition of a newspaper, or book, or magazine, or any one presentation to an audience, or any one broadcast over radio or television, or any one exhibition of a motion picture. Recovery in any action shall include all damages for any such tort suffered by the plaintiff in all jurisdictions.
(c) Bar by judgment.--
A judgment in any jurisdiction for or against the plaintiff upon the substantive merits of any action for damages founded upon a single publication, or exhibition, or utterance, as described in subsection (b), shall bar any other action for damages by the same plaintiff against the same defendant founded upon the same publication, or exhibition, or utterance.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8342 - Justification a defense

§ 8342. Justification a defense.
In all civil actions for libel, the plea of justification shall be accepted as an adequate and complete defense, when it is pleaded, and proved to the satisfaction of the jury, under the direction of the court as in other cases, that the publication is substantially true and is proper for public information or investigation, and has not been maliciously or negligently made.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8343 - Burden of proof

§ 8343. Burden of proof.
(a) Burden of plaintiff.--
In an action for defamation, the plaintiff has the burden of proving, when the issue is properly raised:
(1) The defamatory character of the communication.
(2) Its publication by the defendant.
(3) Its application to the plaintiff.
(4) The understanding by the recipient of its defamatory meaning.
(5) The understanding by the recipient of it as intended to be applied to the plaintiff.
(6) Special harm resulting to the plaintiff from its publication.
(7) Abuse of a conditionally privileged occasion.
(b) Burden of defendant.--
In an action for defamation, the defendant has the burden of proving, when the issue is properly raised:
(1) The truth of the defamatory communication.
(2) The privileged character of the occasion on which it was published.
(3) The character of the subject matter of defamatory comment as of public concern.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8344 - Malice or negligence necessary to support award of damages

§ 8344. Malice or negligence necessary to support award of damages.
In all civil actions for libel, no damages shall be recovered unless it is established to the satisfaction of the jury, under the direction of the court as in other cases, that the publication has been maliciously or negligently made, but where malice or negligence appears such damages may be awarded as the jury shall deem proper.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8345 - No liability when without power of censorship

§ 8345. No liability when without power of censorship.
Liability shall be denied and no recovery shall be allowed against the owners, licensees and operators of any visual or sound radio and television station or network of stations or against the agents, servants or employees of such owner, licensee or operator, for the publication, utterance or broadcasting of any defamatory matter, where the publication, utterance or broadcasting thereof is not subject to their censorship or control by reason of any Federal statute or any regulation, ruling or order of the Federal Communications Commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8351 - Wrongful use of civil proceedings

§ 8351. Wrongful use of civil proceedings.
(a) Elements of action.--
A person who takes part in the procurement, initiation or continuation of civil proceedings against another is subject to liability to the other for wrongful use of civil proceedings:
(1) he acts in a grossly negligent manner or without probable cause and primarily for a purpose other than that of securing the proper discovery, joinder of parties or adjudication of the claim in which the proceedings are based; and
(2) the proceedings have terminated in favor of the person against whom they are brought.
(b) Arrest or seizure of person or property not required.--
The arrest or seizure of the person or property of the plaintiff shall not be a necessary element for an action brought pursuant to this subchapter.
Cross References.
Section 8351 is referred to in section 8353 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8352 - Existence of probable cause

§ 8352. Existence of probable cause.
A person who takes part in the procurement, initiation or continuation of civil proceedings against another has probable cause for doing so if he reasonably believes in the existence of the facts upon which the claim is based, and either:
(1) reasonably believes that under those facts the claim may be valid under the existing or developing law;
(2) believes to this effect in reliance upon the advice of counsel, sought in good faith and given after full disclosure of all relevant facts within his knowledge and information; or
(3) believes as an attorney of record, in good faith that his procurement, initiation or continuation of a civil cause is not intended to merely harass or maliciously injure the opposite party.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8353 - Damages

§ 8353. Damages.
When the essential elements of an action brought pursuant to this subchapter have been established as provided in section 8351 (relating to wrongful use of civil proceedings), the plaintiff is entitled to recover for the following:
(1) The harm normally resulting from any arrest or imprisonment, or any dispossession or interference with the advantageous use of his land, chattels or other things, suffered by him during the course of the proceedings.
(2) The harm to his reputation by any defamatory matter alleged as the basis of the proceedings.
(3) The expense, including any reasonable attorney fees, that he has reasonably incurred in defending himself against the proceedings.
(4) Any specific pecuniary loss that has resulted from the proceedings.
(5) Any emotional distress that is caused by the proceedings.
(6) Punitive damages according to law in appropriate cases.
Cross References.
Section 8353 is referred to in section 8354 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8354 - Burden of proof

§ 8354. Burden of proof.
In an action brought pursuant to this subchapter the plaintiff has the burden of proving, when the issue is properly raised, that:
(1) The defendant has procured, initiated or continued the civil proceedings against him.
(2) The proceedings were terminated in his favor.
(3) The defendant did not have probable cause for his action.
(4) The primary purpose for which the proceedings were brought was not that of securing the proper discovery, joinder of parties or adjudication of the claim on which the proceedings were based.
(5) The plaintiff has suffered damages as set forth in section 8353 (relating to damages).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8355 - Certification of pleadings, motions and other papers

§ 8355. Certification of pleadings, motions and other papers.
Every pleading, motion and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name and his address shall be stated. A party who is not represented by an attorney shall sign his pleading, motion or other paper and state his address. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney or party constitutes a certification by him that he has read the pleading, motion or other paper; that, to the best of his knowledge, information and belief, it is well-grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification or reversal of existing law; and that it is not interposed in bad faith or for any improper purpose, such as to harass another, to maliciously injure another or to cause unnecessary delay or increase in the cost of litigation. If a pleading, motion or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion or other paper is signed in violation of this section, the court shall award to the successful party costs and reasonable attorney fees and may, in addition, impose a civil penalty which shall not exceed $10,000. Such costs, fees and civil penalty shall be in addition to any other judgment awarded to the successful party and shall be imposed upon the person who signed the pleading, motion or other paper, or a represented party, or both. This section is in addition to and shall not be construed to limit any other remedies or sanctions provided by law.
(Feb. 7, 1990, P.L.11, No.6, eff. 60 days)
1990 Amendment.
Act 6 added section 8355.
Suspension by Court Rule.
Section 8355 was suspended by Pennsylvania Rule of Civil Procedure No. 1023(d), adopted March 11, 1991. Rule 1023 was rescinded April 22, 2002, effective July 1, 2002.
Section 8355 was suspended by Pennsylvania Rule of Civil Procedure No. 1023.1(e), adopted April 22, 2002.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8361 - § 8367 - (Repealed)

1990 Repeal.
Subchapter F (§§ 8361 - 8367) was added November 28, 1986, P.L.1458, No.145, and repealed December 19, 1990, P.L.834, No.198, effective immediately. The subject matter is now contained in Subchapter B of Chapter 5, Subchapter B of Chapter 17 and Subchapter B of Chapter 57 of Title 15 (Corporations and Unincorporated Associations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8368.1 - Legislative findings and declaration

§ 8368.1. Legislative findings and declaration.
(a) Findings.--
The General Assembly finds that:
(1) Asbestos-related claims threaten the continued viability of successor business entities which are formed or organized under the laws of this Commonwealth or another jurisdiction that have never manufactured, sold or distributed asbestos or asbestos-containing products.
(2) It is in the best interest of this Commonwealth to ensure the economic viability of the entities under paragraph (1).
(3) The viability of the domestic and foreign business entities under paragraph (1) is threatened due solely to their status as successor business entities by merger or consolidation based on actions taken prior to the 1972 adoption of asbestos regulations by the Occupational Safety and Health Administration.
(4) The cumulative recovery by all asbestos claimants from innocent successor business entities should be limited.
(b) Intent.--
It is the intent of the General Assembly to expand the protections granted in 15 Pa.C.S. § 1929.1 (relating to limitations on asbestos-related liabilities relating to certain mergers or consolidations) to successor business entities which are formed or organized under the laws of this Commonwealth or another jurisdiction.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8368.2 - Definitions

§ 8368.2. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Asbestos claim."
A claim, wherever or whenever made, for damages, losses, indemnification, contribution or other relief arising out of, based on or in any way related to asbestos, including property damage caused by the installation, presence or removal of asbestos, the health effects of exposure to asbestos, including a claim for personal injury, death, mental or emotional injury, risk of disease or other injury or the costs of medical monitoring or surveillance. The term includes a claim made by or on behalf of any person exposed to asbestos or a representative, spouse, parent, child or other relative of that individual.
"Asbestos-related liability."
Any liability, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated or due or to become due or related in any way to an asbestos claim.
"Business entity."
A for-profit corporation, limited liability company, partnership, limited liability partnership or Subchapter S corporation formed or organized under the laws of this Commonwealth or another jurisdiction.
"Successor asbestos-related liability."
Any asbestos-related liability that was assumed or incurred by a business entity as a result or in connection with a merger or consolidation, or a plan of merger or consolidation related thereto, with or into another business entity formed or organized under the laws of this Commonwealth or another jurisdiction or which are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the business entity prior to the merger or consolidation. The term shall include liabilities which, after the time of the merger or consolidation with a transferor for which the fair market value of the total gross assets of the successor business entity are determined under section 8368.4 (relating to fair market value), were paid, committed to be paid or discharged by or on behalf of the business entity, successor business entity or transferor in connection with a settlement, judgment or discharge in this Commonwealth or another jurisdiction.
"Successor business entity."
Any of the following:
(1) A business entity that has merged or consolidated with a transferor prior to January 1, 1972, and that has assumed or incurred successor asbestos-related liabilities.
(2) A business entity that is a successor of a business entity that has merged or consolidated with a transferor prior to January 1, 1972, and that has assumed or incurred successor asbestos-related liabilities.
"Transferor." A business entity from which successor asbestos-related liabilities are or were assumed or incurred.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8368.3 - Liability

§ 8368.3. Liability.
(a) Limitation.--
Except as provided under subsection (c), the cumulative successor asbestos-related liability of a successor business entity shall be limited to the fair market value of the total gross assets of the transferor as of the time of the merger or consolidation with the successor business entity.
(b) Responsibility.--
A successor business entity shall have no responsibility for successor asbestos-related liabilities in excess of the limitation under subsection (a).
(c) Exception.--
If a transferor assumed or incurred successor asbestos-related liability in connection with a prior merger or consolidation with a prior transferor, the fair market value of the total assets of the prior transferor as of the time of the prior merger or consolidation shall be substituted for the limitation under subsection (a) for purposes of determining the liability of the successor business entity.
Cross References.
Section 8368.3 is referred to in section 8368.5 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8368.4 - Fair market value

§ 8368.4. Fair market value.
(a) Establishment.--
A successor business entity may establish the fair market value of total gross assets of the transferor as of the time of the merger or consolidation by any reasonable method under the circumstances, including the following:
(1) By reference to the going-concern value of the assets or to the purchase price of the assets in an arms-length transaction.
(2) In the absence of other readily available information from which fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.
(b) Intangible assets.--
Total gross assets under this section shall include intangible assets.
(c) Prima facie evidence.--
A showing by the successor business entity of a reasonable determination of the fair market value of total gross assets shall be prima facie evidence of their fair market value.
(d) Burden.--
Following a reasonable determination of the fair market value of total gross assets by the successor business entity, a claimant disputing that determination shall have the burden of establishing a different fair market value of the total gross assets.
(e) Insurance settlement.--
To the extent that total gross assets include liability insurance, a settlement of a dispute relating to liability insurance coverage entered into by the transferor or successor business entity with the insurer of the transferor prior to the effective date of this section shall be determinative of the total coverage of the liability insurance in the calculation of the transferor's total gross assets.
Cross References.
Section 8368.4 is referred to in sections 8368.2, 8368.5 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8368.5 - Adjustment of fair market value

§ 8368.5. Adjustment of fair market value.
(a) Annual increase.--
Except as provided under subsection (c), the fair market value of total gross assets of a transferor as determined under section 8368.4 (relating to fair market value) shall increase annually until the earlier of:
(1) The date of the settlement, judgment or other discharge to which the limitations under section 8368.3 (relating to liability) are being applied.
(2) The date on which the adjusted fair market value is first exceeded by the cumulative amounts paid or committed to be paid by or on behalf of a successor business entity or a transferor after the time of merger or consolidation for which the fair market value of total assets is determined for purposes of section 8368.3, in connection with settlements, judgments or other discharges of successor asbestos-related liabilities.
(b) Rate.--
Any adjustment under subsection (a) shall be at the rate equal to the prime rate listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation plus 1% not compounded.
(c) Exception.--
No adjustment of the fair market value of total gross assets may be applied to any liability insurance as determined under section 8368.4.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8368.6 - Applicability and construction

§ 8368.6. Applicability and construction.
(a) Applicability.--
This subchapter shall not apply to any of the following:
(1) An asbestos claim for which the applicable period of limitation commenced on or before the effective date of this section.
(2) Workers' compensation benefits paid to an employee under the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, or a comparable workers' compensation law of another jurisdiction.
(3) A claim against a business entity that does not constitute a successor asbestos-related liability.
(4) An insurance business entity under 15 Pa.C.S. Ch. 31 (relating to insurance corporations).
(5) Obligations arising under the National Labor Relations Act (49 Stat. 449, 29 U.S.C. § 151 et seq.) or under a collective bargaining agreement.
(6) A claim against a successor business entity that, after a merger or consolidation, continued in the business of mining asbestos, in the business of selling or distributing asbestos fibers or in the business of manufacturing, distributing, removing or installing asbestos-containing products that were the same or substantially the same as those products previously manufactured, distributed, removed or installed by the transferor.
(b) Construction.--
Nothing in this subchapter shall affect the scope or effect of 15 Pa.C.S. § 1929.1 (relating to limitations on asbestos-related liabilities relating to certain mergers or consolidations). Limitations under 15 Pa.C.S. § 1929.1 shall continue to apply to all asbestos claims.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8371 - Actions on insurance policies

§ 8371. Actions on insurance policies.
In an action arising under an insurance policy, if the court finds that the insurer has acted in bad faith toward the insured, the court may take all of the following actions:
(1) Award interest on the amount of the claim from the date the claim was made by the insured in an amount equal to the prime rate of interest plus 3%.
(2) Award punitive damages against the insurer.
(3) Assess court costs and attorney fees against the insurer.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8382 - Definitions

§ 8382. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Community-based organization."
Any group affiliated with or organized for the benefit of one or more communities or neighborhoods, or any group organized to benefit the quality of life in a residential area.
"Controlled substance act."
The act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
"Drug-related nuisance."
The use of any property, in whole or in part, which facilitates or is intended to facilitate any violation of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or similar act of the United States or any other state.
"Manufacture"
or
"manufacturing."
The production, preparation, propagation, compounding, conversion or processing of a controlled substance, other drug or device or the packaging or repackaging of such substance or article, or the labeling or relabeling of the commercial container of such substance or article, but does not include the activities of a practitioner who, as an incident to his administration or dispensing such substance or article in the course of his professional practice, prepares, compounds, packages or labels such substance or article. The term "manufacturer" means a person who manufactures a controlled substance, other drug or device.
"Owner."
An individual, corporation, partnership, trust association, joint venture or any other business entity in whom is vested all or any part of the title to the property alleged to be a drug-related nuisance.
"Property."
Any tangible or intangible property, including an interest in any leasehold, license or real estate, such as any house, apartment building, condominium, cooperative, office building, store, restaurant, tavern, nightclub or warehouse, and the land extending to the boundaries of the lot upon which the structure is situated and anything growing on, affixed or found on the land.
"Tenant."
A person who resides in or occupies real property belonging to another person pursuant to a lease agreement or common law tenancy.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8383 - Action to abate

§ 8383. Action to abate.
Wherever there is reason to believe that a drug-related nuisance exists, the district attorney, the Attorney General, if requested by a district attorney, the solicitor for the county or municipality, a resident within 1,000 feet of the property, including a tenant of the property, the owner of property or any community-based organization may file an action in the court of common pleas to abate, enjoin and prevent the drug-related nuisance. Such actions shall be commenced by the filing of a complaint alleging the facts constituting the drug-related nuisance.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8384 - Complaint

§ 8384. Complaint.
(a) Adverse impact.--
The complaint or an affidavit attached thereto shall describe the adverse impact associated with the drug nuisance upon the surrounding neighborhood. Adverse impact includes, without limitation, the presence of any one or more of the following conditions:
(1) Diminished property value.
(2) Increased fear of residents to walk through and in public areas, including sidewalks and streets, increased volume of vehicular and pedestrian traffic to and from the property.
(3) An increase in the number of ambulance or police calls to the property which are related to the use of drugs or to violence stemming from illegal activity.
(4) Increased noise, bothersome solicitors or approaches by persons wishing to sell drugs or solicit the donation of money on or near the property.
(5) The display of dangerous weapons on or near the property.
(6) The discharge of firearms on or near the property.
(7) Search warrants served on tenants or occupants of the property which resulted in the seizure of drugs.
(8) Investigative purchases of drugs on or near the property by law enforcement officers.
(9) Arrests of person on or near the property for violation of criminal laws.
(10) Housing code violations relating to the property.
(11) Health code violations relating to the property.
(12) Accumulated trash and refuse in common areas on or adjacent to the property.
(13) An unsecured entryway on the property.
(b) Attempts to notify owner.--
The complaint shall contain a description of what attempts, if any, have been made by the plaintiff or any other person or entity to notify the owner of the property of the drug-related nuisance or resulting adverse impact.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8385 - Service of original process

§ 8385. Service of original process.
(a) General rule.--
A copy of the summons and complaint shall be served upon the defendant at least five business days prior to the first hearing in the action. Service of original process shall be made in accordance with the Pennsylvania Rules of Civil Procedure.
(b) Posting at property.--
If personal service cannot be made, service may be made by posting the papers at the property. If service is made by posting at the property, a copy of the summons and complaint shall be mailed registered mail to the last known mail address, if any, of the defendant. Actual receipt of the registered mail shall not be required for service.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 83 - Particular Rights and Immunities › Section 8386 - Preliminary injunction

§ 8386. Preliminary injunction.
Upon the filing of a motion for preliminary injunction to abate the drug-related nuisance, the plaintiff shall be entitled to a hearing on the motion for preliminary injunction within 10 business days of the filing. If it shall be made to appear, by affidavit or otherwise, that there is a substantial likelihood that the plaintiff will show at trial, by a preponderance of the evidence, that drug-related nuisance exists, the court shall enter an order preliminarily enjoining the drug-related nuisance and granting such other relief as the court may deem to be appropriate, including those remedies provided for in section 8389 (relating to judgment and remedies). Whenever possible, the court shall order the trial of the action on the merits advanced and consolidated with the hearing of the motion. This section shall not be construed to prohibit the application for or the granting of a temporary restraining order.