PRIOR PRINTER'S NO. 1359 PRINTER'S NO. 2386
No. 1224 Session of 1981
INTRODUCED BY MAIALE, O'DONNELL, BELOFF, BORSKI, McMONAGLE, McINTYRE, PUCCIARELLI, SWAIM AND WHITE, APRIL 21, 1981
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED OCTOBER 14, 1981
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, further providing for 3 duties and jurisdiction of the Municipal Court of 4 Philadelphia. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 1123(a) of Title 42, act of November 25, 8 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated 9 Statutes, is amended to read: 10 § 1123. Jurisdiction and venue. 11 (a) General rule.--Except as otherwise prescribed by any 12 general rule adopted pursuant to section 503 (relating to 13 reassignment of matters), the Philadelphia Municipal Court shall 14 have jurisdiction of the following matters: 15 (1) Summary offenses, except those within the 16 jurisdiction of the Traffic Court of Philadelphia. and <-- 17 excepting summary offenses committed by juveniles which shall 18 be within the jurisdiction of the family court division of
1 common pleas court. 2 (2) Criminal offenses by any person (other than a 3 juvenile) for which no prison term may be imposed or which 4 are punishable by imprisonment for a term of not more than 5 five years, including indictable offenses under Title 75 6 (relating to vehicles). In cases under this paragraph the 7 defendant shall have no right of trial by jury in the 8 municipal court, but shall have the right of appeal for trial 9 de novo, including the right of trial by jury, to the court 10 of common pleas. The judges of the municipal court exercising 11 jurisdiction under this paragraph shall have the same 12 jurisdiction in probation and parole arising out of sentences 13 imposed by them as judges of the court of common pleas. 14 (3) Matters arising under the act of April 6, 1951 15 (P.L.69, No.20), known as "The Landlord and Tenant Act of 16 1951." 17 (4) Civil actions wherein the sum demanded does not 18 exceed $1000, exclusive of interest and costs, in the 19 following classes of actions: 20 (i) In assumpsit. 21 (ii) In trespass, including all forms of trespass 22 and trespass on the case. 23 (iii) For fines and penalties by any government 24 agency. 25 A plaintiff may waive a portion of his claim of more than 26 $1000 so as to bring the matter within the jurisdiction of 27 the municipal court. Such waiver shall be revoked 28 automatically if the defendant appeals the final order of the 29 municipal court. In cases under this paragraph the defendant 30 shall have no right of trial by jury in the municipal court, 19810H1224B2386 - 2 -
1 but shall have the right to appeal for trial de novo, 2 including the right of trial by jury, to the court of common 3 pleas, it being the purpose of this paragraph to establish an 4 expeditious small claims procedure whereby it shall not be 5 necessary for the litigants to obtain counsel. Judgments by 6 confession shall not be entered in the municipal court. 7 (5) As commissioners to preside at arraignments, fix and 8 accept bail, issue warrants and perform duties of a similar 9 nature, including the jurisdiction of a committing magistrate 10 in all criminal proceedings. 11 (6) Civil actions wherein the sum demanded does not 12 exceed $15,000 in matters involving judgments of real estate 13 taxes and school taxes levied by cities of the first class. 14 * * * 15 Section 2. This act shall take effect immediately. B18L42JLW/19810H1224B2386 - 3 -