Rule *1001 - General Provisions Applicable to Municipal Court Appeals(a)Types of Final Orders of the Municipal Court Appealable to the Court of Common Pleas. (1) Final orders issued by the Municipal Court in connection with money judgments pursuant to 42 Pa.C.S. §1123(a)(4) and (6), and Landlord-Tenant orders pursuant to 42 Pa.C.S. §1123(a)(3), are appealable to the Court of Common Pleas. The proceeding on appeal shall be conducted de novo in accordance with the Rules of Civil Procedures that Civil Division Rules Rule *1001 would be applicable if the action being appealed was initially commenced in the Court of Common Pleas.(2) Final orders issued by the Municipal Court in connection with actions to enjoin a nuisance pursuant to 42 Pa.C.S. §1123(a)(7) and (8) are appealable to the Court of Common Pleas, but the appeal is limited to a review of the record. Note: 42 Pa.C.S. §1123(a)(8)(a.1) provides that contempt orders issued in connection with nuisance actions shall be heard by the Superior Court of Pennsylvania.
(3)Supplementary Orders. Orders granting or denying a petition to open a default judgment and any other post-judgment orders are appealable to the Court of Common Pleas, but the appeal is limited to a review of the record. (b)Notice of Appeal. A Notice of Appeal, substantially in the form set forth below as Attachment 1, shall be filed with the Office of Judicial Records, within the time periods set forth below, and the requisite filing fee shall be paid.(c)Time to File the Notice of Appeal. A Notice of Appeal shall be filed as follows: (1) Money judgment only: within 30 days after the date of the entry of a judgment for money on the dockets of the Municipal Court.(2) Landlord-Tenant, residential lease, possession: within ten (10) days after the date of the entry of a judgment of possession of real property on the dockets of the Municipal Court, if the appeal is for possession of real property only or for both possession and money judgment arising out of a residential lease.(3) Landlord-Tenant, residential lease, money judgment: within thirty (30) days after the date of the entry of a judgment of possession on the dockets of the Municipal Court, if the appeal is only for the money judgment arising out of a residential lease.(4) Landlord-Tenant, non-residential lease: within 30 days after the date of the entry on the dockets of the Municipal Court of judgment for money, or a judgment for possession of real property arising out of a nonresidential lease.(5) Supplementary Orders: within 30 days after the date of the entry of the order on the dockets of the Municipal Court.(d)Service. The Notice of Appeal shall be served on the appellee as provided by the rules applicable to service of original process in Philadelphia County, as set forth in Pa.R.C.P. No. 400.1. Upon implementation of the Civil Electronic Filing System as provided in Philadelphia Civil Rule *205.4, notice of the filing of the Notice of Appeal will be served on the Philadelphia Municipal Court electronically by the Civil Electronic Filing System. Until the Civil Electronic Filing System is implemented, the appellant must serve a copy of the Notice of Appeal on the Philadelphia Municipal Court as required by Pa.R.C.P. No. 400.1.
(e)Return of Service. The appellant must file a return of service as required by Pa.R.C.P. No. 405.(f)Pleadings and Legal Papers.(1) Appeals filed pursuant to Philadelphia Civil Rule *1001(a)(1). i. If the appellant was the plaintiff or claimant in the action before the Municipal Court, he shall file a complaint within twenty (20) days after filing the Notice of Appeal. ii. If the appellant was the defendant in the action before the Municipal Court, he shall file with the Notice of Appeal a praecipe requesting the Office of Judicial Records to enter a rule as of course upon the appellee to file a complaint within twenty (20) days after service of the rule or suffer entry of a judgment of non pros.iii. When judgments have been rendered on complaints of both the appellant and the appellee and the appellant appeals from the judgment on his complaint or on both complaints, the appellee may assert his claim in the Court of Common Pleas by pleading it as a counterclaim if it can properly be so pleaded in that court. If the appellant appeals only from the judgment on his complaint, the appellee may appeal from the judgment on his complaint at any time within thirty (30) days after the date on which the appellant served a copy of his Notice of Appeal upon the appellee. Note: Pa.R.C.P.M.D.J. No. 1004 is the source of section (f)(1).
iv. All further pleadings and proceedings shall be in accordance with the Rules of Civil Procedures that would be applicable if the action being appealed was initially commenced in the Court of Common Pleas. (2) Appeals filed pursuant to Rule *1001(a)(2) and (3). i. Within twenty (20) days of the filing of the Notice of Appeal, the appellant must file a motion with the Office of Judicial Records in compliance with Pa.R.C.P. No. 208.1 et seq. and Phila.Civ.R. *208.2(c) et seq., setting forth the relief requested, and shall attach:a. a copy of the Statement of Claim, the Landlord/Tenant Complaint or Code Enforcement Complaint which was filed in the Municipal Court;b. the stenographic record of the proceeding before the Municipal Court, if available, or proof that transcription of the stenographic record has been ordered; andc. all other documents required to be filed by Philadelphia Civil Rule 208.1 et seq. which is necessary to enable the court to decide the issue presented.ii. All further legal papers and proceedings shall be in accordance with Pa.R.C.P. No. 208.1 et seq. and Phila.Civ.R. *208.2(c) et seq. and with the Rules of Civil Procedures that would be applicable if the action being appealed was initially commenced in the Court of Common Pleas. (g)Hearing or Trial. (1) Appeals filed pursuant to Rule *1001(a)(1) shall be scheduled for a hearing at the Arbitration Center, and the case shall proceed as an "Arbitration" Case Type.(2) Appeals filed pursuant to Rule *1001(a)(2) and (3) shall proceed as motions, pursuant to Pa.R.C.P. No. 208.1 et seq. and Phila.Civ.R. *208.2(c) et seq. The appeal shall be limited to a determination by the Court whether the Municipal Court committed an error of law or abused its discretion in ruling upon the petition or motion which is the subject of the appeal. Upon the issuance of a dispositive order by the Court of Common Pleas, the action shall be remanded to the Municipal Court for further processing consistent with the order.(h)Striking Appeal. Upon failure of the appellant who was the plaintiff in the Municipal Court action to file a complaint within twenty (20) days of the filing of the appeal as required by section (f)(1)(i), or upon the failure of the appellant who was the defendant in the Municipal Court action to serve upon the appellee (who was the plaintiff in the Municipal Court action) of a rule to file a complaint, or upon the failure of an appellant to file a motion as required by section (f)(2), the Office of Judicial Records shall, upon praecipe of the appellee, mark the appeal stricken from the record. The Court of Common Pleas may reinstate the appeal upon good cause shown.Adopted by the Board of Judges of the Court of Common Pleas on May 15, 2008, effective 9/1/2008.