THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CALTAGIRONE, MILNE, MANN, HORNAMAN, SCAVELLO, BELFANTI, BEYER, BRENNAN, CARROLL, CASORIO, D. COSTA, CREIGHTON, CUTLER, DALLY, DEASY, DRUCKER, J. EVANS, EVERETT, FAIRCHILD, FRANKEL, GEIST, HALUSKA, HARKINS, HARRIS, HESS, HICKERNELL, KORTZ, MAHONEY, MILLER, MOUL, MUNDY, MURT, O'NEILL, PRESTON, READSHAW, REICHLEY, SANTONI, SIPTROTH, K. SMITH, SOLOBAY, SONNEY, STERN, STEVENSON, SWANGER, WANSACZ, WATERS, WATSON, WHITE, YOUNGBLOOD, METZGAR, DENLINGER AND FLECK, DECEMBER 15, 2009

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 4, 2010

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

jurisdiction and venue of Philadelphia Municipal Court and of

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magisterial district judges.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1515(a) of Title 42 of the Pennsylvania

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Consolidated Statutes, amended August 11, 2009 (P.L.147, No.33),

is amended to read:

Section 1.  Sections 1123(a)(4) and 1515(a) of Title 42 of

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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:

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(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

[$10,000] $12,000, 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

[$10,000] $12,000 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, 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.

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§ 1515.  Jurisdiction and venue.

(a)  Jurisdiction.--Except as otherwise prescribed by general

rule adopted pursuant to section 503 (relating to reassignment

of matters), magisterial district judges shall, under procedures

prescribed by general rule, have jurisdiction of all of the

following matters:

(1)  Summary offenses, except those arising out of the

same episode or transaction involving a delinquent act for

which a petition alleging delinquency is filed under Chapter

63 (relating to juvenile matters).

(2)  Matters arising under the act of April 6, 1951

(P.L.69, No.20), known as The Landlord and Tenant Act of

1951, which are stated therein to be within the jurisdiction

of a magisterial district judge.

(3)  Civil claims, except claims against a Commonwealth

party as defined by section 8501 (relating to definitions),

wherein the sum demanded does not exceed [$8,000] $15,000 

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$12,000, exclusive of interest and costs, in the following

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classes of actions:

(i)  In assumpsit, except cases of real contract

where the title to real estate may be in question.

(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

[$8,000] $15,000 $12,000 so as to bring the matter within the

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monetary jurisdiction of a district justice. Such waiver

shall be revoked automatically if the defendant appeals the

final order of the magisterial district judge or when the

judgment is set aside upon certiorari.

(4)  As commissioners to preside at arraignments, fix and

accept bail, except for offenses under 18 Pa.C.S. §§ 2502 

(relating to murder) and 2503 (relating to voluntary

manslaughter) for which the fixing and accepting of bail

shall be performed by any judge of any court of common pleas,

and to issue warrants and perform duties of a similar nature,

including the jurisdiction of a committing magistrate in all

criminal proceedings.

(5)  Offenses under 75 Pa.C.S. § 3802 (relating to

driving under influence of alcohol or controlled substance),

if the following criteria are met:

(i)  The offense is the first offense by the

defendant under such provision in this Commonwealth.

(ii)  No personal injury (other than to the

defendant) resulted from the offense.

(iii)  The defendant pleads guilty.

(iv)  No property damage in excess of $500 other than

to the defendant's property resulted from the violation.

(v)  The defendant is not subject to the provisions

of Chapter 63 (relating to juvenile matters).

(vi)  The arresting authority shall cause to be

transmitted a copy of the charge of any violation of 75

Pa.C.S. § 3802 to the office of the clerk of the court of

common pleas within five days after the preliminary

arraignment.

In determining that the above criteria are met the

magisterial district judge shall rely on the certification of

the arresting authority. Certification that the criteria are

met need not be in writing. Within ten days after the

disposition, the district justice shall certify the

disposition to the office of the clerk of the court of common

pleas in writing.

(5.1)  Offenses under 75 Pa.C.S. § 3808 (relating to

illegally operating a motor vehicle not equipped with

ignition interlock).

(6)  (i)  Offenses under Title 18 (crimes and offenses),

Title 30 (fish) and Title 35 (health and safety) which

are classified as misdemeanors of the third degree, if

the following criteria are met:

(A)  The misdemeanor is not the result of a

reduced charge.

(B)  Any personal injury or property damage is

less than $500.

(C)  The defendant pleads guilty.

(D)  The defendant is not subject to the

provisions of Chapter 63.

(ii)  Subparagraph (i) shall not apply to any offense

under the following provisions of Title 18:

Section 4303 (relating to concealing death of

child born out of wedlock).

Section 4321 (relating to willful separation or

nonsupport).

Section 5103 (relating to unlawfully listening

into deliberations of jury).

(6.1)  All offenses under Title 34 (relating to game).

(7)  Matters jurisdiction of which is vested in

magisterial district judges by any statute.

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Section 2.  This act shall take effect in 60 days.