Philadelphia Cnty. C.P. Municipal Court-Civil Rule 115

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 addition al claim is in the amount of $2000 or

less. When such claim is for per sonal 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.

Note: Amended by the Board of Judges May 9, 1986, ef fective 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 February 1, 1989.