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 […]
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 […]
Section 8381 – Short title of subchapter
§ 8381. Short title of subchapter. This subchapter shall be known and may be cited as the Drug Nuisance Law.
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]