2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 11 - Community and Municipal Courts
1123 - Jurisdiction and venue.

     § 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:
            (1)  Summary offenses, except those within the
        jurisdiction of the Traffic Court of Philadelphia and 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)  Criminal offenses by any person (other than a
        juvenile) for which no prison term may be imposed or which
        are punishable by imprisonment for a term of not more than
        five years, including indictable offenses under Title 75
        (relating to vehicles). In cases under this paragraph the
        defendant shall have no right of trial by jury in the
        municipal court, but shall have the right of appeal for trial
        de novo, including the right of trial by jury, to the court
        of common pleas. The judges of the municipal court exercising
        jurisdiction under this paragraph shall have the same
        jurisdiction in probation and parole arising out of sentences
        imposed by them as judges of the court of common pleas.
            (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
        $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
        $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, 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.
            (5)  As commissioners to preside at arraignments, fix and
        accept bail, issue warrants and perform duties of a similar
        nature, including the jurisdiction of a committing magistrate
        in all criminal proceedings. In addition to the exercise of
        the powers by the judges set forth in this paragraph, the
        Philadelphia Municipal Court, through the president judge and
        a majority of the judges of the court, shall have the power
        to appoint for four-year terms six arraignment court
        magistrates, to administer oaths and affirmations, preside at
        preliminary arraignments, assign counsel in certain cases,
        issue criminal complaints, fix bail and issue arrest warrants
        and search and seizure warrants. The arraignment court
        magistrates shall be employees of the Commonwealth and they
        shall receive an annual salary equal to the salary of an
        associate judge of the Traffic Court of Philadelphia. The
        method of selection and appointment and removal of
        arraignment court magistrates and establishing standards of
        conduct and the rights, responsibilities and authority of the
        arraignment court magistrates and the procedures for
        appealing from the decisions of the arraignment court
        magistrates shall be provided by local rules adopted by the
        municipal court.
            (5.1)  In addition to the exercise of the powers by the
        judges set forth in this section, the President Judge of the
        Philadelphia Municipal Court may appoint arraignment court
        magistrates, persons who complete a training program as shall
        be provided by local rules adopted by the President Judge of
        the Philadelphia Municipal Court, or attorneys who are in
        good standing and are admitted to the Pennsylvania Bar as
        judges pro tempore to accept guilty pleas and impose
        sentences in accordance with pleas for summary offenses. A
        judge pro tempore must be an independent contractor hired by
        the Philadelphia Municipal Court and shall receive such
        compensation and shall serve at such hours as agreed to
        between the judge pro tempore and the President Judge of the
        Philadelphia Municipal Court. The methods of selection,
        appointment and removal of judges pro tempore and of
        establishing standards of conduct and the rights,
        responsibilities and authority of the judges pro tempore and
        the procedures for appealing decisions of the judges pro
        tempore shall be provided by local rules adopted by the
        President Judge of the Philadelphia Municipal Court.
            (6)  Civil actions wherein the sum demanded does not
        exceed $15,000 in matters involving judgments of real estate
        taxes and school taxes levied by cities of the first class.
            (7)  Actions to enjoin any nuisance caused by the
        operation of a licensee or occurring on licensed premises
        subject to the act of April 12, 1951 (P.L.90, No.21), known
        as the Liquor Code.
            (8)  Any action to enjoin a public nuisance. The action
        to enjoin may be brought by any person who resides or has a
        place of business within 500 feet of the location of the
        alleged nuisance.
        (a.1)  Appeal from contempt citation or nuisance order.--
     There shall be a right to appeal to the Superior Court of a
     contempt citation issued by a municipal court judge, 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.
        (b)  Concurrent and exclusive jurisdiction.--The jurisdiction
     of the municipal court under this section shall be concurrent
     with the Court of Common Pleas of Philadelphia County except
     with respect to matters specified in subsection (a)(2), as to
     which the jurisdiction of the municipal court shall be exclusive
     except as otherwise prescribed by any general rule adopted
     pursuant to section 503.
        (c)  Venue and process.--The venue of the municipal court
     concerning matters over which jurisdiction is conferred by this
     section shall be as prescribed by general rule. The process of
     the court shall extend beyond the territorial limits of the City
     and County of Philadelphia to the extent prescribed by general
     rule.
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 20, 1982,
     P.L.1409, No.326, eff. 60 days; Oct. 12, 1984, P.L.959, No.187,
     eff. 60 days; July 11, 1990, P.L.454, No.111, eff. 60 days; Nov.
     29, 1990, P.L.574, No.147, eff. 60 days; Apr. 16, 1992, P.L.146,
     No.25, eff. imd.; July 9, 1992, P.L.689, No.102, eff. imd.; Dec.
     14, 1992, P.L.872, No.140, eff. 60 days; Mar. 31, 1995, 1st
     Sp.Sess., P.L.983, No.9, eff. 60 days; Nov. 21, 1995, P.L.619,
     No.65, eff. 60 days; Dec. 15, 1998, P.L.949, No.126, eff. 60
     days; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)

        2008 Amendment.  Act 98 amended subsec. (a)(5) and (5.1).
     Section 10 of Act 98 provided that nothing in Act 98 shall be
     construed or deemed to provide arraignment court magistrates
     with retirement benefits or rights different from those
     available to bail commissioners immediately prior to the
     effective date of Act 98.
        2007 Effectuation of Repeal.  The Legislative Reference
     Bureau effectuated the 1992 repeal.
        1995 Amendments.  Act 9, 1st Sp.Sess., amended subsec. (a)(1)
     and Act 65 amended subsecs. (a)(3) and (4) and (a.1).
        1992 Amendments.  Act 25 reenacted subsecs. (a)(8) and (a.1)
     and Act 140 amended subsec. (a)(3).
        1992 Repeal.  Act 102 repealed Act 147 of 1990 which amended
     subsecs. (a)(8) and (a.1). Section 1956 of Title 1 provides:
     "The repeal of an amendatory statute does not revive the
     corresponding provision or section of the original statute or of
     any prior amendment." The text of subsecs. (a)(8) and (a.1) has
     not been changed to give effect to the repeal.
        1991 Unconstitutionality.  Act 147 was declared
     unconstitutional by the Supreme Court. In re Act 147 of 1990,
     528 Pa. 460, 598 A.2d 985 (1991).
        1990 Amendments.  Act 111 added subsec. (a)(7) and (8) and
     Act 147 amended subsecs. (a)(8) and (a.1).
        1984 Amendment.  Act 187 amended subsec. (a) and added
     subsec. (a.1).
        Special Provisions in Appendix.  See section 10 of Act 142 of
     1976 in the appendix to this title for special provisions
     relating to the exercise of jurisdiction under subsec. (a)(2) by
     the Court of Common Pleas of Philadelphia County.
        Cross References.  Section 1123 is referred to in section
     5105 of this title; section 6102 of Title 23 (Domestic
     Relations); section 5306 of Title 71 (State Government).