42 Pa.C.S. Ch. 75

in effect

42 Pa.C.S. § 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.

42 Pa.C.S. § 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.

42 Pa.C.S. § 7521 Short title of subchapter.

This subchapter shall be known and may be cited as the "Interpleader Compact Law."

42 Pa.C.S. § 7522 Interpleader compact.

The following interpleader compact is hereby approved, ratified, adopted and entered into by this Commonwealth as a party to take effect between this Commonwealth and any other state of the United States of America when entered into in accordance with the terms of the compact by the other state and not disapproved by the Governor under paragraph (c) of Article 7 of the compact: The Interpleader Compact The contracting states solemnly agree:

42 Pa.C.S. § 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.

42 Pa.C.S. § 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.

42 Pa.C.S. § 7531 Short title of subchapter.

This subchapter shall be known and may be cited as the "Declaratory Judgments Act."

42 Pa.C.S. § 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.

42 Pa.C.S. § 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.

42 Pa.C.S. § 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.

42 Pa.C.S. § 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.

42 Pa.C.S. § 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.

42 Pa.C.S. § 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.

42 Pa.C.S. § 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)

42 Pa.C.S. § 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.

42 Pa.C.S. § 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.

42 Pa.C.S. § 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.

42 Pa.C.S. § 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.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=42Fetched: 10/16/2026