5103 - Transfer of erroneously filed matters.

     § 5103.  Transfer of erroneously filed matters.        (a)  General rule.--If an appeal or other matter is taken to     or brought in a court or magisterial district of this     Commonwealth which does not have jurisdiction of the appeal or     other matter, the court or magisterial district judge shall not     quash such appeal or dismiss the matter, but shall transfer the     record thereof to the proper tribunal of this Commonwealth,     where the appeal or other matter shall be treated as if     originally filed in the transferee tribunal on the date when the     appeal or other matter was first filed in a court or magisterial     district of this Commonwealth. A matter which is within the     exclusive jurisdiction of a court or magisterial district judge     of this Commonwealth but which is commenced in any other     tribunal of this Commonwealth shall be transferred by the other     tribunal to the proper court or magisterial district of this     Commonwealth where it shall be treated as if originally filed in     the transferee court or magisterial district of this     Commonwealth on the date when first filed in the other tribunal.        (b)  Federal cases.--            (1)  Subsection (a) shall also apply to any matter        transferred or remanded by any United States court for a        district embracing any part of this Commonwealth. In order to        preserve a claim under Chapter 55 (relating to limitation of        time), a litigant who timely commences an action or        proceeding in any United States court for a district        embracing any part of this Commonwealth is not required to        commence a protective action in a court or before a        magisterial district judge of this Commonwealth. Where a        matter is filed in any United States court for a district        embracing any part of this Commonwealth and the matter is        dismissed by the United States court for lack of        jurisdiction, any litigant in the matter filed may transfer        the matter to a court or magisterial district of this        Commonwealth by complying with the transfer provisions set        forth in paragraph (2).            (2)  Except as otherwise prescribed by general rules, or        by order of the United States court, such transfer may be        effected by filing a certified transcript of the final        judgment of the United States court and the related pleadings        in a court or magisterial district of this Commonwealth. The        pleadings shall have the same effect as under the practice in        the United States court, but the transferee court or        magisterial district judge may require that they be amended        to conform to the practice in this Commonwealth. Section        5535(a)(2)(i) (relating to termination of prior matter) shall        not be applicable to a matter transferred under this        subsection.        (c)  Interdivisional transfers.--If an appeal or other matter     is taken to, brought in, or transferred to a division of a court     to which such matter is not allocated by law, the court shall     not quash such appeal or dismiss the matter, but shall transfer     the record thereof to the proper division of the court, where     the appeal or other matter shall be treated as if originally     filed in the transferee division on the date first filed in a     court or magisterial district.        (d)  Definition.--As used in this section "tribunal" means a     court or magisterial district judge or other judicial officer of     this Commonwealth vested with the power to enter an order in a     matter, the Board of Claims, the Board of Property, the Office     of Administrator for Arbitration Panels for Health Care and any     other similar agency.     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 20, 1982,     P.L.1409, No.326, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207,     eff. 60 days)        2004 Amendment.  Act 207 amended subsecs. (a), (b) and (d).     See sections 28 and 29 of Act 207 in the appendix to this title     for special provisions relating to applicability and     construction of law.        Saved from Suspension.  Pennsylvania Rule of Civil Procedure     for District Justices No. 1082, as amended April 25, 1979,     provided that section 5103(a) shall not be deemed suspended or     affected. Rules 1001 through 1082 relate to appellate     proceedings with respect to judgments and other decisions of     district justices in civil matters.        Cross References.  Section 5103 is referred to in sections     708, 5503 of this title.