Philadelphia Cnty. C.P. CP-Trial Division-Civil 3

01 of 1998. (Protocol for Trial Pools in the Day Backward and the Day Forward Programs.)

Editor’s Note: This rule may be impacted by the following: Administrative Docket No. 01 of 1999, Administrative Docket No. 02 of

2003, General Court Regulation 95-2, Administrative Docket No. 01 of 1998, Administrative Docket No. 02 of 1993, Administrative

Docket No. 04 of 2005, Administrative Docket No. 05 of 2005, General Court Regulation No. 2012-01, General Court Regulation No.

2012-03, and General Court Regulation No. 2013-01. Amended February 28, 2019, effective May 6, 2019.

Rule *216.1 Continuances—Physical Witnesses.

(A) The lawyer has an obligation to notify a physician as far in advance of trial as is reasonable

and attempt to secure times when the physician will be available to testify.

(B) The lawyer has an obligation to keep the physician ap prised of any change in trial date or

times, or of settlement of the case.

(C) A minimum of 48 hours notice of the appearance of the physician shall be given to the

physician, if possible.

(D) After a physician has been subpoenaed in accordance with the statute and the physician fails

to appear, the Trial Judge shall intervene upon application by counsel by calling and apprising

the physician of the requirement to appear. If the physician refuses or fails to appear, a bench

warrant shall be issued and the Court shall grant a continuance of 24 hours, when required, for

the attendance of the physician witness.

Note: Former Rule 228; adopted by t he Board of Judges, origi nally General Court Regulation 84-6, effective

November 6, 1984.

Rule *223.1 Trial Procedure—General.

(A) When, in the course of any trial, a document, writing or photograph shall be offered by any

party as an exhibit, either for the purpose of identification or as part of the record in the case, true

and correct copies thereof, or relevant extracts therefrom, shall be presented to the Trial Judge and

to each counsel of record at the time such document, writing or photograph is marked for

identification; provided, however, that this rule shall not apply to (1) X-ray films, or (2) such

lengthy documents as deeds, bonds, mortgages, wills, books of ac count and voluminous hospital

records, or (3) documents or records produced in Court under subpoena; and provided further that

if compliance with this rule would serve no useful purpose or would result in unreasonable burden

or expense, application shall be made either to the Calendar Judge before trial or to the Trial Judge

before trial for an exemption from compliance with the rule. In the event that such true and correct

copies of documents, writings or phot ographs, or relevant extracts therefrom, shall not be

produced, and no ex emption has been granted, the Trial Judge may, in the exercise of his or her

discretion, refuse to allow such document, writing or photograph to be marked for iden tification

or received in evidence.

(B) The time to be occupied in examining a witness and ad dressing the jury shall be regulated by

the Trial Judge.

(C) If the attorney for a plaintiff makes an opening address to the jury, counsel for a defendant is

at liberty, if he ch ooses to exercise his right, to make an opening ad dress in reply before any

testimony is taken; and, if the privilege is exercised, the defendant’s counsel shall not be precluded

thereafter from offering evidence as to any matters of defense not specifically referred to in his or

her opening address.

(D) After the evidence is closed, only one attorney for each party or group of parties may address

the jury. The attorney for the party or group of parties having the bur den of proof shall first sum

up, stating explicitly the grounds relied upon. The attorney for each adverse par ty or group of

parties may then address the jury, and, if any such party has offered evidence, the attorney who

commenced may conclude, restricting himself or herself to answering the arguments advanced.

Note: Former Rule 225; originally Star Rule *223, adopted June 27, 1968.

Rule *227. Motions for Post-Trial Relief.

(a) Time for filing. All motions for post-trial relief shall be filed within the time limits prescribed

by Pa.R.C.P. 227.1(c).

(b) Filing Procedure. All motions for post-trial relief shall be filed with the Office of Judicial

Records and the Post-Trial Motions Unit of the Motion Court. All motions for post-trial relief shall

be accompanied by a certificate of service setting forth the name of the Trial Judge and the names,

addresses and telephone numbers of all counsel and unrepresented parties. The post-trial motions

shall be assigned to the Trial Judge immediately upon filing.

See www.courts.phila.gov/forms for the current version of the Notice to the Post-Trial Motions Clerk and

Proof of Service.

(c) Court En Banc. Argument before a court en banc as au thorized in Pa.R.C.P. 227.2 may be

requested by the moving party, in writing, attached to the motion for post-trial relief. All requests

by opposing parties for argument before a court en banc shall be filed with the Office of Judicial

Records and Motion Court within five days of service of the motion for post-trial relief.

(d) Trial Transcripts.

(1) Trial transcripts shall be requested as provided in Pa.R.C.P. 227.3 and Pa.R.J.A. 5005.5(a)

in writing addressed to the Court Reporter and to the Manager of Court Reporters, 1321 Arch

Street, 3rd Floor, Philadelphia, PA 19107.

(2) The court reporter shall file the original notes of testimony, or that portion of the record

ordered to be transcribed, with the Post-Trial Motions Unit of the Motion Court (for

transmission to the Trial Judge) no later than 30 days after the notes of testimony are ordered.

The Court Reporter shall contemporaneously with the filing of the notes of testi mony deliver

a copy to any party who has requested and paid for them and shall advise the Manager of Court

Reporters in writing that the requested transcript has been filed and delivered.

(e) Disposition of Post-Verdict Motions.

(1) Oral Argument. The Trial Judge shall schedule oral argument for a date certain taking into

consideration the dictates of Pa.R.C.P. 227.4(1)(b).

(2) Briefs. The court may require the parties to submit briefs in support of, or contra, the post-verdict motions.

(3) Disposition Date. The court shall dispose of the post-trial motions within 120 days of the

filing of the first post-trial motion unless the parties agree in writing to waive the application

of Pa.R.C.P. 227.4(1)(b).

(f) Notice of the Entry of an Order Disposing of the Post- Verdict Motions. Notice of the entry of

the Order disposing of the post-verdict motions shall be given as provided by Pa.R.C.P. 236.

Note: General Court Regulation No. 96-2, issued July 22, 1996, reflecting the a doption by the Board of

Judges on May 16, 1996, effective immediately.

Rule *227.3 Transcript of Testimony.

(a) Post-Trial Motions. The court may, upon receipt of a copy of a request for partial transcript, or

upon receipt of a partial transcript, request that the Official Court Reporter transcribe additional

portions of the transcript, or the entire transcript, if the transcription of the increased portion of the

transcript is deemed necessary for the disposition o f the outstanding post-trial motions. The cost

of such transcription shall be incurred by the party who filed the post-trial motions. In the event

more than one party has filed post-trial motions, the cost of transcription shall be borne equally

between or among such parties.

(b) Appeals. Upon receipt of the order for transcription of notes of testimony in connection with

an appeal, and the requisite payment or deposit thereon, the Official Court Reporter shall prepare

a full transcript of the case on appe al, unless the appellant or a cross-appellant has requested and

obtained an order of diminution of transcription from the trial court. Pa.R.A.P. 1922 requires that

an application for an order providing for less than the entire proceeding shall be made in civil cases

within two days after the order for transcript is filed, and in criminal cases as provided in

Pa.R.Crim.P. 115. As pro vided in Pa.R.A.P. 1911, the appellant must request and pay for the

transcription of testimony; however, cross-appellants shall share the initial expense equally with

all other appellants.

Note: Adopted May 16, 2006, effective September 4, 2006.

Rule *227.5 Bill of Costs.

(A) Time for Filing. A bill of costs may be filed with the Of fice of Judicial Records no later than

ten (10) days after final judgment. A judgment becomes final when the ap plicable appeal period

has expired without appeal. A copy of the bill of costs shall immediately be served on all parties

to the action and an affidavit of service filed with the Offi ce of Judicial Records within two days

after service.

(B) Parties Entitled. Costs shall be allowed to a prevailing party except as otherwise provided by

law or unless waived by a party who would otherwise be entitled thereto. A prevailing party shall

include:

(1) A party in whose favor a final judgment is entered.

(2) A party in favor of whom a non pros is entered.

(3) Defendants for whom judgment is entered, or who are dismissed from the action, even

though the plaintiff ultimately prevails over the remaining defendants.

(C) Contents. A bill of costs shall itemize those costs claimed to be due. The costs claimed may

include:

(1) Record Costs. All costs of record appearing on the docket including but not limited to the

Office of Judicial Records fees and costs, the Sheriff’s fees and costs, and the jury fee.

(2) Non-record Costs. Costs not appearing of record, including but not limited to:

(a) Statutory witness fees. The bill shall set forth the names of witnesses, the dates of their

attendance, the number of miles actually travelled by them, and the place from which mileage

is claimed;

(b) Costs of subpoenas for appearance in Court, including costs of service thereof;

(c) Costs of maps in eminent domain actions;

(d) Fees of appraisers, auditors and/or examiners where necessary to the action;

(e) Notary fees;

(f) Attorneys’ fees if expressly authorized by statute or stipulation; and

(g) Filing fee for the bill of costs.

(3) Such other costs as are allowable by law.

(D) Proof of Costs. The bill of costs shall be verified by the affidavit of the party, his agent or

attorney, stating that the disbursements set forth have been necessarily incurred and are reasonable

in amount, and if incurred for the attendance of witnesses, that the witnesses named were actually

present in Court and that, in his opinion, they were material witnesses.

(E) Exceptions. No later than twenty (20) days after final judgment, exceptions (identifying those

costs to which objection is made with the reason therefor) shall be filed with the Office of Judicial

Records and a copy served on other parties. Failure to so file exceptions shall be deemed a waiver

of all objections. Upon expiration of the period for filing exceptions and upon praecipe, the Office

of Judicial Records shall (1) where exceptions have been so filed, set a hearing date and give the

parties at least ten days notice thereof; or (2) where no ex ceptions have been so filed, impose the

costs. Where a hearing is held, upon conclusion thereof, the Office of Judicial Records shall decide

what costs are to be taxed and shall file a decision itemizing the taxable costs.

(F) Appeal. An affected party may appeal from the Office of Judicial Records decision within ten

(10) days from the date of written notice thereof by filing a notice of appeal of taxation of costs in

accordance with the pro cedure for filing a motion as set forth in Philadelphia Civil Rule

*208.3(b)(3). The cover sheet shall set forth the name of the Trial Judge, that the action was an

arbitration matter, or that no judge had been assigned. The notice of appeal shall specify the costs

taxed by the Of fice of Judicial Records to which the appellant excepts and the reasons for the

exceptions. The notice of appeal shall be filed with the Motion Court and a copy shall immediately

be served upon all interested parties. If the Court modifies the decision of the Office of Judicial

Records as to the amount or responsibility for costs, the reasons therefor shall be stated in writing

and filed of record.

(G) Enforcement of Payment. After taxation is final, the costs shall be entered on the record,

included in the final judgment and collected with that judgment. Where costs are taxed against a

party without a judgment for monetary damages, a judgment in the amount of the costs taxed shall

be entered against such party.

(H) Taxation of Costs of Settlement. Upon disposition by settlement, each party shall bear its own

costs unless otherwise agreed.

(I) Forms.

(1) The bill of costs shall be substantially in the following form:

See www.courts.phila.gov/forms for the current version of the Bill of Costs.

(2) The praecipe referred to in paragraph (E) above shall be substantially in the following

form:

See www.courts.phila.gov/forms for the current version of the Praecipe to Tax Costs.

Note: Former Rule 380; originally Star Rule *308, amended by The Board of Judges, November 15, 1979,

effective immediately; fur ther amended by General Court Regulation 84-66, effective Novem ber 6, 1984.

Amended May 20, 2004, effective July 26, 2004.

Rule *229 Termination of Cases.

(A) Termination of a case prior to the entry of an arbitration award, verdict or judgment may be

accomplished without leave of Court only by filing a praecipe to settle, discontinue and end, or a

praecipe to discontinue (with out prejudice), signed on behalf of all parties who have asserted

claims in the action.

(B) Termination of an appeal from arbitration before the entry of a verdict or judgment may be

accomplished without leave of Court only by filing a praecipe to discontinue the appeal signed on

behalf of all parties. If an appeal is discontinued, the arbitration award will remain on the judgment

index unless an order to satisfy the award signed on behalf of the prevailing party or parties also

is filed.

(C) Termination of a case after the entry of an unappealed arbitration award or after the entry of a

verdict or judgment may be accomplished without leave of Court only by filing a praecipe to satisfy

the award, verdict or judgment signed on behalf of the prevailing party or parties.

(D) When a settlement has been consummated, an award, verdict or judgment has been paid, or

the parties have otherwise agree d to terminate a case, the appropriate praecipe or praecipes shall

be filed within twenty (20) days thereafter, in default of which sanctions may be imposed.

Note: Former Rule 162; origina lly Star Rule *229; adopted by t he Board of Judges, General Court Regulation

75-8, August 7, 1975; amended by General Court Regulation 83-4, effective December 5, 1983. This rule has

been expanded to state the existing requirements concerning signatures by the appropriate parties, discontinuance

of arbitration appeals, and satisfaction of the liens created by awards, verdicts and judgments.

Rule *229.1 Sanctions for Failure to Deliver Settlement Funds.

(A) The following definitions shall apply:

“Released Party.” A party released from a claim or claims of liability by a release executed

pursuant to an agreement of settlement.

“Releasing Party.” A party who, by execution of a release pursuant to an agreement of settlement,

has agreed to forego a claim or claims of liability against a Released Party.

“Settlement Funds.” Payment, by a Released Party in any form of monetary exchange, to a

Releasing Party pursuant to an agreement of settlement.

(B) The provisions of this rule shall not apply to the annuity or future installment portion of a

structured settlement agreement.

(C) The Releasing Party and Released Party may agree in writing to modify or waive any of the

provisions of this rule.

(D) A Released Party shall have twenty (20) calendar days from receipt of an executed release

within which to deliver the settlement funds to the Releasing Party or its counsel.

(E) If settlement funds are not delivered to the Releasing Party within the aforesaid twenty (20) -

day period, the Releasing Party may:

(1) invalidate the settlement; or

(2) file an affidavi t with Motion Court attesting to non-payment. Such affidavit shall be

accompanied by (a) the form of Order specified in paragraph (G) be low, (b) a copy of any

document evidencing the terms of the settlement agreement, (c) a copy of the executed release,

and (d) a copy of a receipt reflect ing delivery of the executed release more than twenty (20)

days prior to the date of filing of the af fidavit. The attorney shall certify to the Court the

applicable interest rate and shall certify that the af fidavit and accompanying documents have

been served on all interested counsel.

(F) Upon receipt of the attorney affidavit and supporting documentation required by paragraph

(E)(2) above, the Released Party shall have twenty (20) days to file a re sponse. If the Court finds

that the Released Party has violated this rule and that there is no material dispute as to the terms

of the settlement or the terms of the release, the Court shall impose sanctions in the form of interest

calculated as set forth below together with reasonable attorneys’ fees incurred in the preparation

of the affidavit. Interest shall be calculated at the rate equal to the prime rate as listed in the first

edition of the Wall Street Journal published for the calendar year preceding the date on which the

settlement funds were payable, plus one percent, not compounded, calculated from the twenty-first

day after the date of the settlement to the date of delivery of the settlement funds.

(G) The affidavit shall be accompanied by an Order in substantially the following form:

ORDER

AND NOW, this ____ day of __________________, 20____, upon consideration of the affidavit of

(Releasing Party’s attorney) counsel for (Releasing Party), and the exhibits thereto, and upon a finding that

payment was not made within twenty days of receipt of the executed release in the above-captioned action,

it is hereby ORDERED and DECREED that in addition to the settlement funds of $(settlement amount),

(Released Party) is ordered to pay forthwith simple interest thereon at the rate of (interest rate as determined

in accordance with subsection (F) ) on $(settlement amount) from (21st day) to the date of delivery of the

settlement funds, together with $(attorneys’ fees) in attorneys’ fees, pursuant to Philadelphia Civil Rule

229.1.

Note: Former Rule 172; adopted by the Board of Judges, originally General Court Regulation 85-7, effective July

22, 1985. Amended May 19, 2003, effective July 1, 2003. Amended May 19, 2005, effective August 22, 2005.

Rule 320 Appeals from State and Local Agencies.1

(A) Applicability. The Office of Judicial Records shall maintain a special docket for appeals from

the determinations of state and local agencies (“statutory appeals”). Statutory appeals (and matters

ancillary thereto) shall be presented to and determined by the Supervising Judge of Appeals

(“Supervising Judge”).

(B) Manner of Taking Appeal. An appeal may be com menced by filing a Notice of Appeal with

the Office of Judicial Records. The Notice of Appeal shall be in substantially the following form:

See www.courts.phila.gov/forms for the current version of the Notice of Appeal.

(C) Procedure on Appeal. The Supervising Judge shall publish a standing case management order

for each agency whose determinations are appealed on a regular basis (“agency-specific orders”).

For agencies whose deter minations are seldom appealed, the Supervising Judge shall publish a

standing order of a generic nature. The Office of Judicial Records shall provide appellant(s) with

an agency-specific (or generic) standing order whenever a notice of appeal is filed. Every appeal

(and matter ancillary thereto) shall be governed by the afore said standing order and any

supplemental order, which may be issued by the Supervising Judge.

(D) Manner of Service. The persons to be served, and the manner of making service, shall be

specified in the standing order.

(E) Parties.

(a) The following persons shall be deemed parties opposed to the appeal unless they opt out

by filing a praecipe with the Office of Judicial Records within 60 days of service of the Notice

of Appeal:

(1) the person(s) who initiated the proceedings before the agency below;

(2) the City of Philadelphia, but only in appeals involving local agencies;

(3) the School District of Philadelphia, but only in appeals involving school taxes; and

(4) the Commonwealth of Pennsylvania, but only in appeals involving state agencies.

(b) Others may obtain party status by intervening in accordance with the procedures set forth

in the standing order.

Note: Former Rule 146; adopted by The Board of Judg es, originally General Court Regulation 81-7, July 30,

1981. Amended by General Court Regulation 81-8, September 9, 1981, General Court Regulation 88-2, February

18, 1988, and Administrative Dock et 4 of 93, December 30, 1993. Former rule rescinded and new rule adopted

May 23, 1997, effective July 1, 1997.

1 Rule 320. Statutes authorizing appeals from state agencies (and some local agencies) often require the appeal to be

commenced by “petition.” See, e.g., 47 P.S. §4-464 (appeals involving the Liquor Control Board). Statutory

requirements of this sort usually predate the constitutional remodeling of 1968 but, in any event, may be ignored. See,

e.g., Appeal of Borough of Churchill, 575 A. 2d 550, 554 (Pa. 1990) (legislative bodies may not dictate civil procedure

to Pennsylvania Courts). See also Albrechta v. Borough of Shickshinny, 565 A.2d 198, 201 (Pa. Commw. 1989)

(improper appeal process may be transformed into valid process), appeal denied, 577 A.2d 891 (Pa. 1990).

Rule *430. Publication.

The Legal Intelligencer is designated as the legal publication for the publication of legal notices

required to be published by statute, rule or court order.

Note: Former Rule 100; originally Star Rule *233, adopted June 7, 1956, and Star Rule *326. Amended May 20,

2004, effective July 26, 2004. Former Rule *430.2, renumbered and amended by order dated December 5, 2019,

published in the Pennsylvania Bulletin on December 21, 2019, and effective January 20, 2020.

Rule *430.1 Alternative Service.

Rescinded.

Editor’s Note: Pa. R.C.P. 430, which supplants this local rule, identifies the prerequisite good faith

investigation that must be conducted before seeking service by special order of court.

Note: Former Rule 141; adopted by the Board of Judges, originally General Court Regulation 81-6, effective July

14, 1981. Amended May 20, 2004, effective July 26, 2004. Rescinded by order dated December 5, 2019,

published in the Pennsylvania Bulletin on December 21, 2019, and effective January 20, 2020.

Rule *440 Service of Papers.

(A) Unless otherwise provided by statute or rule of Court, a copy of each paper filed in any case

other than the writ or complaint by which an action is commenced, or other original process, shall

be served by the party filing it upon all other parties to the litigation or their attorneys of record.

Such service shall be complete upon mailing and proof thereof shall be attached to the paper at the

time of filing with the Office of Judicial Records.

(B) In all cases in which the validity, sufficiency, or constitutionality of an ordinance of city

council, or regulation adopted by an executive official pursuant to councilman’s authorization,

appears from the pleadings to be drawn in question, it shall be the duty of the party raising the

same to serve notice thereof, in writing, accompanied by a copy of the pleadings to date, on the

City Solicitor within forty-eight (48) hours after the said pleading shall be filed.

(C) Whenever any person, having been served with a peti tion, rule, notice, pleading or process,

original or interlocutory, fails to appear in response thereto, proof of service of the same must be

filed in the case before the Court will act thereon.

Note: Former Rule 42; originally Star Rul e *327; paragraph A amended by t he Board of Judges, General Court

Regulation 86-5, effective August 4, 1986.

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 appli cable if the action being appealed was i nitially 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 pet ition 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 pe riods 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 posses sion 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 da te of the entry on the

dockets of the Municipal Court of judgment for money, or a judg ment 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 ap pellee 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 implement ed, 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 com plaints 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 fu rther 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 En -

forcement 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; and

c. 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) sha ll 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.

Note: Adopted by the Board of Judges of the Court of Common Pleas on May 15, 2008, effective September 1,

2008.

ATTACHMENT 1

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

CIVIL TRIAL DIVISION

: _____________ TERM, 200__

Plaintiff, :

: NO. _____

v. :

: ___________________________________

Defendant. □S.C. Number □LT Number □CE Number

Check One

NOTICE OF APPEAL

Municipal Court

_______________________________, who was □ the plaintiff □ the d efendant in the

Municipal Court action referenced above, files this Notice of Appeal of the Municipal Court’s order which

was entered on the dockets of the Municipal Court on ___________________ as follows:

□ Money Judgment Only (30 days)

□ Landlord-Tenant, residential lease: possession only or possession and

money judgment (10 days)

□ Supersedeas is requested □ Supersedeas is not requested

□ Landlord-Tenant, residential lease, money judgment only (30 days)

□ Landlord-Tenant, non-residential lease, possession or possession and

money judgment (30 days)

□ Supplementary Orders (30 days)

Date: ____________ ____________________________________

Signature

____________________________________

Address

____________________________________

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Rule *1007.1 Listing Procedures and Jury Fees.

(A) Listing Procedure.

(1) Arbitration Cases. All arbitration cases shall be as signed a trial date in accordance with

Philadelphia Civil Rule *1303.

(2) Cases Not Assigned to Arbitration. All other cases (including appeals from arbitration) shall

be assigned pursuant to Philadelphia Civil Rule *215.

(B) Listing Fees.

(1) Jury demand shall be made in accordance with Pa.R.C.P. 1007.1. In order to perfect its right to

a jury trial and have the case assigned to the Jury list, a party must pay the Jury listing fee at the

time of the jury demand.

(2) When an appeal is filed from an arbitration award rendered pursuant to Philadelphia Civil Rule

*1301, the procedure for demanding a jury shall be as set forth in Pa.R.C.P. 1007.1(b). The jury

listing fee shall be paid at the time of the demand.

(3) With respect to transfers from arbitratio n to the ma jor case program, the deadlines for

demanding a jury and paying the jury listing fee shall be the same as for appeals from arbitration.

Note: Amended May 18, 1985, effective 30 days after publication in Pennsylvania Bulletin.

Rule *1007.2 Jury Size in Civil Trials.

(A) Except as provided in paragraph (B) below, juries in civil cases shall consist, initially, of eight

members. Trials in such cases shall continue so long as at least six jurors remain in service. If the

number of jurors falls below six, a mistrial shall be declared upon prompt ap plication therefor by

any party then of record.

(B) Trial by a jury consisting of 12 members may be had if requested in the jury demand at the

time it is made or within 30 days thereafter.

Note: Former Rule 220; adopted by The Board of Judges, origi nally General Court Regulation 72-23, August 2,

1972; amended by General Court Regulation 78-6, October 5, 1978.

Rule *1008. Municipal Court Appeals as Supersedeas.

(a) General Rule. Except as provided in section (b), (c) and (d) below, service of a copy of the

Notice of Appeal on the Municipal Court operates as a supersedeas.

(b) Supersedeas in Appeals of Judgments of Possession of Real Property Pursuant to Non -

Residential Leases. When the appeal is from a judgment for possession of real property pursuant

to a non-residential lease, receipt by the Municipal Court of a copy of the Notice of Ap peal shall

operate as a supersedeas only if the appellant/ tenant, at the time of the filin g of the Notice of

Appeal, deposits with the Office of Judicial Records a sum of money (or a bond, with surety

approved by the Office of Judicial Records) equal to the lesser of three months’ rent or the rent

actually in arrears on the date of the filing of the Notice of Appeal, based on the Municipal Court

judgment, and thereafter deposits each month with the Office of Judicial Records an amount equal

to the monthly rent which becomes due while the appeal is pending in the Court of Common Pleas.

The additional deposits shall be made within thirty (30) days following the date of the filing of the

Notice of Appeal, and each successive thirty (30) day period thereafter.

(c) Supersedeas in Appeals of Judgments of Possession of Real Property Pursuant to Resid ential

Leases. When the appeal is from a judgment for possession of real property pursuant to a

residential lease, and there is no allegation that the appellant/tenant is indigent, receipt by the

Municipal Court of a copy of the Notice of Ap peal shall ope rate as a supersedeas only if the

appellant/ tenant, at the time of the filing of the Notice of Appeal, deposits with the Office of

Judicial Records a sum of money (or a bond, with surety approved by the Office of Judicial

Records) equal to the lesser of three months’ rent or the rent actually in arrears on the date of the

filing of the Notice of Appeal, based on the Municipal Court judgment, and thereafter deposits

each month with the Office of Judicial Records an amount equal to the monthly rent which

becomes due while the appeal is pending in the Court of Common Pleas. The addi tional deposits

shall be made within thirty (30) days following the date of the filing of the Notice of Appeal, and

each successive thirty (30) day period thereafter.

(d) Supersedeas in Appeals of Judgments of Possession of Real Property Pursuant to Residential

Leases. Indigent Tenants.

(1) Residential tenants who seek to appeal from a Mu nicipal Court judgment for possession

and who do not have the ability to pay the lesser of three months’ rent or the full amount of the

Municipal Court judgment for rent shall file with the Office of Judicial Records, as applicable,

either a Tenant’s Supersedeas Affidavit (Non-Section 8), substantially in the form set forth

below, or Tenant’s Su persedeas Affidavit (Section 8), sub stantially in the form set forth

below.

Explanatory Note: On April 15, 2008, at the recommendation of the Minor Court Rules Committee

(“Committee”), the Supreme Court of Pennsylvania approved amendments to Pa.R.C.P.M.D.J. No. 1008

(effective May 15, 2008). The recommendation was based on federal district court lawsuits challenging the

constitutionality of Pa.R.C.P.M.D.J. No. 1008B as applied to indigent tenants. The Committee noted in its Report

that federal district courts had held that in digent residential tenants’ rights were being violated by Rule 1008B’s

requirement that tenants post three times the monthly rent or the rent determined to be in arrears so that they could

remain in the home while appealing a magisterial district judge’s award of possession to the landlord.

The Committee cited in its Report the federal district court case Wendolyn Pleasant and Tenants’ Action Group

v. Joseph H. Evers, 1998 WL 205431 (E.D. Pa. Apr. 24, 1998), C.A.NO. 97-4124 (Ludwig, J.) and noted: “In

Evers, Community Legal Services challenged Phil adelphia Municipal Court’s Rule of Procedure 124, which

required a deposit to be paid in almost the same fashion as Pa.R. C.P.M.D.J. No 1008B. During the early phases

of the protracted litigation, a tempo rary restraining order was entered enjoining the use of the Municipal Court

rule. Ultimately, Evers led Municipal Court to change its prac tices and create a standing proced ure for indigent

residential tenants’ appeals. That procedure is still used today.”

The procedure recommended by the Committee and approved by the Supreme Court in its April 15, 2008 order

is essentially the Evers procedure which, as the Committee noted, has been in effect in Philadelphia County since

1998; however, that procedure was never ad opted as an official court rule. Independently of the Committee’s

effort to address the constitutionality of Pa.R.C.P.M.D.J. No. 1008 as applied to indigent residential tenants in all

counties other than Phila delphia, the Court of Common Pleas of Philadelphia County was in the process of

incorporating the Evers requirements in comprehen sive local rules addressing appeals from the Philadelphia

Municipal Court. Philadelphia Civil Rules *1001 and *1008 represent the culmination of that effort and, in order

to foster statewide uniformity, incor porate most, if not all, of the provisions found in Pa.R.C.P.M.D.J. No. 1001

to 1008.

(2)(a) If the rent has already been paid to the landlord in the month in which the Notice of

Appeal is filed, the tenant shall pay into an escrow account with the Office of Judicial Records

the monthly rent as it be comes due under the lease for the months subse quent to the filing of

the Notice of Appeal; or

(b) If the rent has not been paid at the time of filing the Notice of Appeal, the tenant shall

pay:

(i) at the time of filing the Notice of Appeal, a sum of money equal to one third (1/3)

of the monthly rent;

(ii) an additional deposit of two thirds (2/3) of the monthly rent within twenty (20) days

of filing the Notice of Appeal; and

(iii) additional deposits of one month’s rent in full each thirty (30) days after filing

the Notice of Appeal. The amount of the monthly rent is the sum of money found by

the Municipal Court

to constitute the monthly rental for the lease hold premises. However, when the tenant

is a participant in the Section 8 program, the ten ant shall pay the tenant share of the

rent as set forth in the “Section 8 Tenant’s Supersedeas Affidavit” filed by the tenant.

(3) The Office of Judicial Records shall provide resi dential tenants who have suffered a

judgment for possession with “Supplemental Instructions for Obtaining a Stay of Eviction,”

substantially in the form set forth below.

Note: The Supplemental Instructions include both Instructions and Income Limits. The Income Limits are stated

in monthly amounts and are based upon the most re cent poverty income guidelines issued by the Federal

Department of Health and Human Services.

(4) When the requirements of paragraphs (1) and (2) have been met, the Office of Judicial

Records shall issue a supersedeas.

(5) Upon application by the landlord, the Court of Common Pleas shall release appropriate

sums from the escrow account on a continuing basis while the appeal is pending to compensate

the landlord for the tenant’s actual possession and use of the premises during the pendency of

the appeal.

(6) If the tenant fails to make monthly rent payments to the Office of Judicial Records as

described in para graph (2), the supersedeas may be terminated by the Office of Judicial

Records upon praecipe by the landlord or other party to the action, substantially in the form set

forth below which is to be filed together with a certificate that a copy of the praecipe has been

mailed to each other party who has appeared in the action. Notice of the termi nation of the

supersedeas shall be forwarded by first class mail to attorneys of record, or, if a party is

unrepresented, to the party’s last known add ress of record; however, upon implementation of

the Civil Electronic Filing System as provided in Philadelphia Civil Rule *205.4, notice of the

termination of the supersedeas will be served on the Philadelphia Municipal Court

electronically by the Civil E lectronic Filing System. The landlord may obtain a writ of

possession from the Municipal Court ten (10) days after the supersedeas is terminated by the

Office of Judicial Records.

Explanatory Note: Although the Office of Judicial Records must provide notice of the termination of the super -

sedeas for non-payment of the monthly rental payments as provided in this subsection, in order to allow the notice

to be delivered to the tenant before the eviction can proceed, the landlord must wait ten (10) days before obtaining

a writ of possession from the Municipal Court after termi nation of the supersedeas by the Office of Judicial

Records.

(7) If the Court of Common Pleas determines, upon written motion or its own motion, that the

averments within any of the tenant’s affidavits do not establish that the tenant meets the terms

and conditions of paragraph (1), supra, the Court may terminate the supersedeas. Notice of the

termination of the supersedeas shall be forwarded by first class mail to attorneys of record, or,

if a party is unrepre sented, to the party’s last known address of record; however, upon

implementation of the Civil Elec tronic Filing System as provided in Philadelphia Civil Rule

*205.4, notice of the termination of the supersedeas will be se rved on the Philadelphia Mu -

nicipal Court electronically by the Civil Electronic Filing System.

(8) If an appeal is stricken or voluntarily terminated, any supersedeas based on it shall

terminate. The Office of Judicial Records shall pay the deposits of r ental to the party who

sought possession of the real property.

Explanatory Note: Pa.R.C.P.M.D.J. No. 1008 is the source of this local rule. The content of the Note which

appears immediately after Pa.R.C.P.M.D.J. No. 1008 explain ing the various provisio ns has been edited as

appropriate and is adopted as a Note to this local rule.

Note: Subdivision (a) provides for an automatic supersedeas in appeals from civil actions upon receipt by the

Municipal Court of a copy of the Notice of Appeal filed with the Office of Judicial Records of the Court of

Common Pleas. Subdivisions (b) and (c), however, do require the deposit of money or approved bond as a

condition for supersedeas where the appeal is from a judgment for the possession of real property. Subdivisio n

(d) provides for appeals by indigent resi dential tenants who are unable to meet the bond requirements of

subdivision (b) or (c).

The request for termination of the supersedeas, upon the praeci pe filed with the Office of Judicial Records, may

simply state: “Please terminate the supersedeas in the within action for failure of the appel lant to pay monthly

rental as required by Philadelphia Civil Rule *1008 when it became due” and will be signed by appellee. The

Office of Judicial Records will then note upon the praecipe: “Upon confirma tion of failure of the appellant to

deposit the monthly rent when it be came due, the supersedeas is terminated,” and the Office of Judicial Records

will sign and date and time stamp the praecipe. A copy of the praecipe may thereupon be filed with the Municipal

Court which rendered the judgment, and a request for issuance of an order for possession pursuant to

Phila.M.C.R.Civ.P. No. 126 may be made.

The deposit of rent required is intended to apply in all cases, irre spective of the reasons which caused the filing

of the complaint before the Municipal Court in the first instance.

Disposition of the monthly rental deposits will be made by the Court of Common Pleas following its de novo

hearing of the matter on appeal.

The money judgment portion of a landlord and tenant judgment would be governed by subdivision (a).

Adopted by the Board of Judges of the Court of Common Pleas on May 15, 2008. Promulgated by Order dated

May 20, 2008. Effective thirty (30) days after publication in the Pennsylvania Bulletin.

Note: Adopted by the Board of Judges of the Court of Common Pleas on May 15, 2008, effective September 1,

2008. Amended by Administrative Order 01 of 2017 issued on March 8, 2017 by Judge Jacqueline Allen, Trial

Division Administrative Judge; published in the Pennsylvania Bulletin on March 25, 2017 and effective April

24, 2017.

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

TRIAL DIVISION – CIVIL

SUPPLEMENTAL INSTRUCTIONS FOR

OBTAINING A STAY OF EVICTION

****IMPORTANT****

PLEASE READ THESE INSTRUCTIONS CAREFULLY!

This document contains important information about your case.

Failure to comply with any instructions provided in these materials may cause you to be

evicted before your appeal is heard.

FOR TENANTS – SUPERSEDEAS: If you are a tenant and you file a Notice of Appeal, you

must pay money into an escrow account to remain in the property until your appeal is decided.

This is called a “supersedeas.” The supersedeas will suspend the Municipal Court judgment and

will prevent your eviction until your case is heard by a Court of Common Pleas judge and a final

decision is made on the appeal.

IF YOU FAIL TO PAY YOUR MONTHLY RENT INTO ESCROW IN FULL AND ON TIME, YOU

COULD BE EVICTED BEFORE YOUR APPEAL IS HEARD.

Begin by looking at the income limits attached to these instructions.

If your income is below the income limits, complete a Tenant's Supersedeas Affidavit (Non-Section 8) or Tenant's Supersedeas Affidavit (Section 8), then follow the instructions for low-income tenants below. There are several different options available; pick the Option (A, B, or

C) that best describes your situation.

If your income is higher than the income limits attached to these instructions, follow the

instructions for Option D.

These forms are available on the website of the First Judicial District at

http://www.courts.phila.gov/forms.

If you fail to pay into escrow the required monthly amount when it is due, the

supersedeas can be terminated upon the filing of a Praecipe Requesting

Termination of Supersedeas, and you may be evicted before your appeal is heard.

FFY 2017 INCOME LIMITS* FOR FILING SUPERSEDEAS

AS A LOW INCOME TENANT

Number of Persons Maximum Gross Maximum Gross

in Household Monthly Income Yearly Income

One $ 1,005 $ 12,060

Two $ 1,354 $16,240

Three $ 1,702 $20,420

Four $ 2,050 $ 24,600

Five $ 2,398 $ 28,780

Six $ 2,747 $ 32,960

Seven $ 3,095 $ 37,140

Eight $ 3,443 $ 41,320

For each additional person add $ 348 $ 4,180.00

* Issued by the Federal Department of Health and Human Services. Will be updated as applicable.

OPTION A. If you are a low-income tenant and there was a money judgment entered against you

for nonpayment of rent, and you HAVE NOT paid rent for the month in which the Notice of Appeal

is filed, you must:

1. File an In Forma Pauperis petition (a petition for low-income parties) pursuant to Pa.R.C.P.

No. 240;

2. Pay one-third of your monthly rent into an escrow account with the Office of Judicial Records

at the time the Notice of Appeal is filed;

3. Pay the remaining two-thirds (2/3) of your monthly rent into the escrow account within twenty

(20) days of the date the Notice of Appeal was filed; and