2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 55 - Limitation of Time
5535 - Effect of other actions and proceedings.

     § 5535.  Effect of other actions and proceedings.
        (a)  Termination of prior matter.--
            (1)  If a civil action or proceeding is timely commenced
     and is terminated, a party, or his successor in interest, may,
     notwithstanding any other provision of this subchapter, commence
     a new action or proceeding upon the same cause of action within
     one year after the termination and any other party may interpose
     any defense or claim which might have been interposed in the
     original action or proceeding.
            (2)  Paragraph (1) does not apply to:
                (i)  An action to recover damages for injury to the
            person or for the death of an individual caused by the
            wrongful act or neglect or unlawful violence or
            negligence of another.
                (ii)  An action or proceeding terminated by a
            voluntary nonsuit, a discontinuance, a dismissal for
            neglect to prosecute the action or proceeding, or a final
            judgment upon the merits.
        (b)  Stay of matter.--Where the commencement of a civil
     action or proceeding has been stayed by a court or by statutory
     prohibition, the duration of the stay is not a part of the time
     within which the action or proceeding must be commenced.
        (c)  Arbitration.--Where it shall have been finally
     determined by a court that a party is not obligated to submit a
     claim to arbitration, the time which elapsed between the demand
     for arbitration and the final determination by a court that
     there is no obligation to arbitrate is not a part of the time
     within which a civil action or proceeding upon such claim must
     be commenced. The time within which the action or proceeding
     must be commenced shall not be extended by this subsection
     beyond one year after such final determination by a court.
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980,
     P.L.693, No.142, eff. 60 days)

        1980 Amendment.  Act 142 amended subsec. (c).
        1978 Amendment.  Act 53 amended subsec. (a).
        Cross References.  Section 5535 is referred to in section
     5103 of this title.