Pennsylvania Act 2010-114 — JUDICIAL CODE (42 PA.C.S.) - COURTS OF COMMON PLEAS JUDGES, JURISDICTION AND VENUE OF PHILADELPHIA MUNICIPAL COURT AND MAGISTERIAL DISTRICT JUDGES

Act text

JUDICIAL CODE (42 PA.C.S.) - COURTS OF COMMON PLEAS JUDGES, JURISDICTION
AND VENUE OF PHILADELPHIA MUNICIPAL COURT AND MAGISTERIAL DISTRICT JUDGES
                 Act of Nov. 23, 2010, P.L. 1137, No. 114             Cl. 42
                             Session of 2010
                               No. 2010-114

     HB 2172

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for
        courts of common pleas judges and for jurisdiction and venue
        of Philadelphia Municipal Court and of magisterial district
        judges.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 911 of Title 42 of the Pennsylvania
     Consolidated Statutes is amended by adding a subsection to read:
      § 911.  Courts of common pleas.
        * * *
        (a.2)  Fifteenth Judicial District.--Notwithstanding the
     provisions of subsection (a), the Court of Common Pleas of the
     Fifteenth Judicial District shall consist of 13 judges. This
     subsection shall expire January 6, 2014.
        * * *
        Section 1.1.  Sections 1123(a)(4) and 1515(a) of Title 42 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:
            * * *
            (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.
            * * *
      § 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] $12,000,
        exclusive of interest and costs, in the following 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] $12,000 so as to bring the matter within the
        monetary jurisdiction of a magisterial district judge. 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 magisterial district judge 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.
        * * *
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 23rd day of November, A. D. 2010.

     EDWARD G. RENDELL