act-1995-0-65•Pennsylvania Act 1995-65 — JUDICIAL CODE (42 PA.C.S.) - AMEND PHILADELPHIA MUNICIPAL COURT
Pennsylvania Act 1995-65 — JUDICIAL CODE (42 PA.C.S.) - AMEND PHILADELPHIA MUNICIPAL COURT
act-1995-0-651995 Pa. Act 65Law
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
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