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).