Phil. Cnty. Pa. 115

As amended through December 18, 2021
Rule 115 - Counterclaims, Cross Claims, Additional Claims
a. Counterclaims, cross claims and additional claims shall be filed no less than ten (10) days prior to trial upon the complaint forms approved by the Municipal Court Administrator and provided by the Court, unless the counterclaim, cross claim or additional claim is in the amount of $2000 or less. When such claim is for personal injury or property damage and is in excess of $2000 a completed Claim Fact Sheet shall be annexed and verified.
b. All claims filed under this Rule shall be served in the manner required for service of the complaint on an original defendant. The cost of filing to be paid by the defendant shall be the same as an initial filing for commencement of actions. A plaintiff joining a co-defendant after the initial filing shall pay for service and the indexing of the co-defendant filing.
c. If the counterclaim, cross claim or additional claim alleges damages exceeding the jurisdiction of the Court, upon receipt of a letter from the party so claiming to the Court Administrator, the matter will be continued to a date certain and the court shall grant leave to the claiming party to commence an action by filing a complaint in the Philadelphia Court of Common Pleas within thirty (30) days and submit verification thereof to the Municipal Court Administrator. If the action is not commenced in the Court of Common Pleas, the failure shall constitute a waiver and release of so much of the claim as exceeds the Jurisdiction of the Philadelphia Municipal Court; provided, however, that in the event of appeal, the waiver and release shall not bar the claiming party from asserting the full amount of the claim.
d. In Landlord/Tenant claims, a counterclaim in excess of the Court's jurisdiction shall follow the procedures set forth in subsections a. and b., supra; however, the issue of possession shall be retained by the Court.

Phil. Cnty. Pa. 115

Amended by the Board of Judges May 9, 1986, effective immediately; amended June 3, 1988, effective immediately. Further amended by the Board of Judges on December 9, 1988 General Court Regulation 89-1-MC, effective 2/1/1989.