Philadelphia Cnty. C.P. Municipal Court-Civil Rule 124

a. A party aggrieved by a judgment for money, or a judgment for possession of real property arising

out of a nonresidential lease, may appeal therefrom within 30 days after the date of the entry of

the judgment by filing with the prothonotary of the Court of Common Pleas a notice of appeal

together with a copy of the Municipal Court disposition sheet. The prothonotary shall not ac cept

an appeal from an aggrieved party which is presented for filing more than 30 days after the date of

judgment without leave of the Court of Common Pleas and upon good cause shown.

b. A party aggrieved by a judgment for possession of real property arising out of a residential lease,

may appeal therefrom within 10 days after the date of the entry of the judgment by filing with the

prothonotary of the Court of Common Pleas a notice of appeal together with a copy of the

Municipal Court disposition sheet. The prothonotary shall not accept an appeal from an aggrieved

party which is presented for filing more than 10 days after the date of judgment without leave of

the Court of Common Pleas and upon good cause shown.

c.

(1) Except as provided in subsection (c)(2), appeals to the Court of Common Pleas shall be

governed by Rule 300 et seq. of the Philadelphia Court of Com mon Pleas Rules (Civil

Division).

(2) When an appeal is from a judgment on the merits for the possession of real property, receipt

by the Municipal Court Administrator of a copy of the no tice of appeal shall operate as a

supersedeas only if the tenant/appellant, at the time of filing the appeal, deposits with the

prothonotary of the Court of Common Pleas of Philadelphia County a sum of money equal to

the lesser of three months’ rent or the rent actually in arrears on the date of the filing of the

appeal, based upon the Municipal Court judgment, and thereafter deposits cash with the

prothonotary in a sum equal to the monthly rent which becomes due during the period of time

the proceedings on appeal are pending in the Court of Common Pleas, such additional deposits

to be made within 30 days following the date of the appeal, and each successive 30 day period

thereafter. Upon application by the landlord/appellee and ap proval by the Court of Common

Pleas, 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/appellee for the

tenant/appellant’s actual possession and use of the premises during the pendency of the appeal.

In the event the appellant fails to deposit the sums of money required by this rule when such

deposits are due, the prothonotary of the Court of Common Pleas, upon praecipe filed by the

landlord/appellee, shall terminate the supersedeas. Notice of the termination of the supersedeas

shall be forwarded via first class mail to all parties and to the Municipal Court Administrator,

but if any party has an attorney of record named in filings with the court, notice shall be given

to the attorney instead of to the party. Notice to a party that does not have an attorney of record

is sufficient if mailed to the party’s last known address of record. Where the deposit of money

is made pursuant to this subsection at the time of filing the appeal, the prothonotary of the

Court of Common Pleas shall make upon the notice of appeal and its copies a notation that it

will operate as a supersedeas when received by the Municipal Court Administrator. If an appeal

is stricken or voluntarily terminated, any superse deas based on it shall terminate. The

prothonotary, upon order of the Court of Common Pleas, shall pay the deposits of rental to the

party who sought possession of the real property.

Note: On March 28, 1996, the Pennsylvania Supreme Court pro mulgated amendments to the

Pennsylvania District Justice Rules of Civil Procedure and instructed the Philadelphia Municipal Court

to promulgate rules consistent with the amendments to the District Jus tice Rules. The amendments to the

Philadelphia Municipal Court Ru le of Civil Procedure 124 are consistent with the Supreme Court’s

amendments within Pennsylvania District Justice Rule of Civil Proce dure 1002 and 1008. In view of the

Supreme Court’s directive, these rules shall supersede any local rule of the Court of Common Pleas to the

extent that said local rules are inconsistent with this rule.

Editor’s note: Amended by the Board of Judges May 9, 1986, effective immediately. Further amended by

the Board of Judges, GCR 96-6-MC, May 9, 1996, effective June 24, 1996.