PRINTER'S NO. 2457
No. 2010 Session of 1981
INTRODUCED BY MAIALE, PERZEL, WOGAN, O'DONNELL, DONATUCCI AND
WESTON, OCTOBER 26, 1981
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 26, 1981
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 jurisdiction of the Philadelphia Municipal Court.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1123(a) of Title 42, act of November 25,
7 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
8 Statutes, is amended to read:
9 § 1123. Jurisdiction and venue.
10 (a) General rule.--Except as otherwise prescribed by any
11 general rule adopted pursuant to section 503 (relating to
12 reassignment of matters), the Philadelphia Municipal Court shall
13 have jurisdiction of the following matters:
14 (1) Summary offenses, except those within the
15 jurisdiction of the Traffic Court of Philadelphia and those
16 committed by juveniles which shall be within the jurisdiction
17 of the family court division of court of common pleas.
18 (2) Criminal offenses by any person (other than a
1 juvenile) for which no prison term may be imposed or which
2 are punishable by imprisonment for a term of not more than
3 five years, including indictable offenses under Title 75
4 (relating to vehicles). In cases under this paragraph the
5 defendant shall have no right of trial by jury in the
6 municipal court, but shall have the right of appeal for trial
7 de novo, including the right of trial by jury, to the court
8 of common pleas. The judges of the municipal court exercising
9 jurisdiction under this paragraph shall have the same
10 jurisdiction in probation and parole arising out of sentences
11 imposed by them as judges of the court of common pleas.
12 (3) Matters arising under the act of April 6, 1951
13 (P.L.69, No.20), known as "The Landlord and Tenant Act of
14 1951."
15 (4) Civil actions wherein the sum demanded does not
16 exceed $1000, exclusive of interest and costs, in the
17 following classes of actions:
18 (i) In assumpsit.
19 (ii) In trespass, including all forms of trespass
20 and trespass on the case.
21 (iii) For fines and penalties by any government
22 agency.
23 A plaintiff may waive a portion of his claim of more than
24 $1000 so as to bring the matter within the jurisdiction of
25 the municipal court. Such waiver shall be revoked
26 automatically if the defendant appeals the final order of the
27 municipal court. In cases under this paragraph the defendant
28 shall have no right of trial by jury in the municipal court,
29 but shall have the right to appeal for trial de novo,
30 including the right of trial by jury, to the court of common
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1 pleas, it being the purpose of this paragraph to establish an
2 expeditious small claims procedure whereby it shall not be
3 necessary for the litigants to obtain counsel. Judgments by
4 confession shall not be entered in the municipal court.
5 (5) As commissioners to preside at arraignments, fix and
6 accept bail, issue warrants and perform duties of a similar
7 nature, including the jurisdiction of a committing magistrate
8 in all criminal proceedings.
9 * * *
10 Section 2. This act shall take effect in 60 days.
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