§ 171.7. Election of jurisdiction.
(a) The commencement of a claim with the Administrator after January 31, 1981, shall constitute a consent of the plaintiff to the jurisdiction of the arbitration panels for proceedings under the act and this chapter. Thereafter, each defendant and additional defendant shall have the right to file an Election of Jurisdiction form requesting transfer of the claim to a court of common pleas with venue. Failure to file the Election of Jurisdiction form requesting transfer within 40 days after service of the initial process upon the defendant or additional defendant shall constitute consent to the jurisdiction of the arbitration panels for proceedings under the act and this chapter. The Election of Jurisdiction shall be made on the form set forth in § 171.155 (relating to form for Election of Jurisdiction). Also, the parties may consent to jurisdiction by written stipulation filed with the Administrator. No action will be taken by the Administrator on any praecipe, motion, preliminary objection or stipulation filed in a claim until all parties to the claim consent to the jurisdiction of the arbitration panels in one of the manners in this subsection.
(b) Any opposition to a request for transfer of a defendant or additional defendant shall be filed within 10 days after service of the Election of Jurisdiction form requesting the transfer. The opposition may question the venue of the court to which transfer is requested and the timeliness of the request to transfer and may raise any other relevant opposition. In addition, within the 10 days after service of the Election of Jurisdiction form requesting transfer, the plaintiff may file with the Administrator a request to transfer the claim to a court of common pleas other than that requested by a defendant of additional defendant, specifying the basis for venue in the county selected by the plaintiff.
(c) The Administrator will transfer the claim to the appropriate court of common pleas with venue following the timely filing of an Election of Jurisdiction form requesting transfer of a claim to a court of common pleas and the passage of time for objections. In determining which of several courts with venue should receive the claim, preference shall be given to the request of the plaintiff, if any.
Source The provisions of this § 171.7 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 407.
Cross References This section cited in 37 Pa. Code § 171.6 (relating to jurisdiction of arbitration panels).
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