Pennsylvania Act 1995-65 — JUDICIAL CODE (42 PA.C.S.) - AMEND PHILADELPHIA MUNICIPAL COURT

Act text

JUDICIAL CODE (42 PA.C.S.) - AMEND PHILADELPHIA MUNICIPAL COURT
                  Act of Nov. 21, 1995, P.L. 619, No. 65              Cl. 42
                             Session of 1995
                               No. 1995-65

     SB 347

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for
        appeals of contempt citations and for the jurisdiction of the
        Philadelphia Municipal Court.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 1123(a)(3) and (4) and (a.1) of Title 42
     of the Pennsylvania Consolidated Statutes are amended to read:
      § 1123.  Jurisdiction and venue.
        (a)  General rule.--Except as otherwise prescribed by any
     general rule adopted pursuant to section 503 (relating to
     reassignment of matters), the Philadelphia Municipal Court shall
     have jurisdiction of the following matters:
            * * *
            (3)  Matters arising under the act of April 6, 1951
        (P.L.69, No.20), known as The Landlord and Tenant Act of
        1951. The judges of the Philadelphia Municipal Court shall
        have the power to enter judgments exceeding $5,000 in matters
        arising under this subsection. Appeals from a judgment of the
        municipal court under this subsection shall be to the court
        of common pleas in accordance with local rules of court
        established by the administrative judge of the trial
        division. Those rules shall not be inconsistent with
        Statewide rules of procedure as established by the Supreme
        Court.
            (4)  Civil actions, except actions by or against a
        Commonwealth party as defined by section 8501 (relating to
        definitions), wherein the sum demanded does not exceed
        [$5,000] $10,000, exclusive of interest and costs, in the
        following classes of actions:
                (i)  In assumpsit.
                (ii)  In trespass, including all forms of trespass
            and trespass on the case.
                (iii)  For fines and penalties by any government
            agency.
        A plaintiff may waive a portion of his claim of more than
        [$5,000] $10,000 so as to bring the matter within the
        monetary jurisdiction of the municipal court. Such waiver
        shall be revoked automatically if the defendant appeals the
        final order of the municipal court. In cases under this
        paragraph the defendant shall have no right of trial by jury
        in the municipal court, but shall have the right to appeal
        for trial de novo, including the right of trial by jury, to
        the court of common pleas, [it being] in accordance with
        local rules of court established by the administrative judge
        of the trial division. These rules shall not be inconsistent
        with Statewide rules of procedure as established by the
        Supreme Court. It is the purpose of this paragraph to
        establish an expeditious small claims procedure whereby it
        shall not be necessary for the litigants to obtain counsel.
        Judgments by confession shall not be entered in the municipal
        court.
            * * *
        (a.1)  Appeal from contempt citation or nuisance order.--
     There shall be a right to appeal to the [Court of Common Pleas
     of Philadelphia County] Superior Court of a contempt citation
     issued by a municipal court judge [or], but the appeal shall be
     limited to a review of the record. There shall be a right of
     appeal to the Court of Common Pleas of Philadelphia County of an
     order issued by a municipal court judge in any action under
     subsection (a)(7) or (8), but the appeal shall be limited to a
     review of the record.
        * * *
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 21st day of November, A. D. 1995.

     THOMAS J. RIDGE