Philadelphia Cnty. C.P. Municipal Court-Civil Rule 126

a. Except as provided below, execution shall not issue until the time for appeal which could be

filed with the Court of Common Pleas has expired.

b. Subsequent to entry of judgment of possession of real property arising out of a nonresidential

lease, the writ of possession may issue on or after 15 days after judgment, and the alias writ of

possession may issue on or after 16 days after issuance of the writ of possession. Subsequent to

entry of judgment of possession of real property arising out of a residential lease, the writ of

possession may issue on or after 10 days after judgment, and the alias writ of possession may issue

on or after 11 days after issuance of the writ of possession.

c. Enforcement and revival of judgments shall be in the same manner as if commenced in the Court

of Common Pleas, except that authorized Landlord- Tenant Officers may serve and enforce all

writs of possession and alias writs of possession.

d. Sheriff’s interpleader proceedings shall be in accordance with the Rules governing actions in

the Court of Common Pleas.

e. An alias writ of possession may not be issued after six months from the date of the judgment for

possession without leave of court.

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

Philadelphia Municipal Court Rule of Civil Procedure 126 are consistent with the Supreme Court’s

amendments within Pennsylvania District Justice Rules of Civil Procedure 515 and 519.

Note: Amended by the Board of Judges December 9, 1988, General Court Regulation 89-1-MC, effective

February 1, 1989. Further amended February 20, 1996, General Court Regulation 96- 4-MC, effective

April 15, 1996; and by Board of Judges, GCR 96-7- MC, May 9, 1996, effective June 24, 1996.

Rule 127. Actions in which any Party is a Minor.

a. Claims by and against minors—

1. Where the claimant is a minor, the action shall be captioned accordingly, e.g. “A, a minor,

by B, his guardian” v. defendant.

2. Where the minority of a defendant is ascertained at the time of filing of the claim his minority

shall be designated in the caption accordingly, e.g., “A v. B, a minor.”

b. Service—

1. Where the defendant is designated a minor in the original caption of the action, also

accompanying the service copy of the complaint will be a “Designation of Guardian Notice”

in the form approved by the Municipal Court and provided by the Municipal Court

Administrator. The “Designation of Guardian Notice” shall be filed with the Court and served

upon every other party.

2. When so filed, the caption will be amended accordingly.

3. If a guardian of a minor is already designated as such in the initial complaint filed, service

shall be made upon such guardian and defendant.

c. Counterclaims—

1. In any claim brought by a minor designated as such, the defendant may assert any

counterclaim which he has against the minor, and the guardian named in the complaint shall

continue as the guardian on the counterclaim.

d. Selection and Appointment of Guardian—

1. If the minority of a party is not determined until the trial date, or a previously designated

minor has appeared but has not filed a designation of guardian form, the Court shall appoint a

guardian for the minor and may grant a continuance in order to prepare the case.

2. If the minority of a party against whom any judgment has been rendered is not ascertained

until after such entry of judgment, but before the party reaches majority, upon application the

court shall then appoint a guardian for said minor and shall vacate any judgment and place the

matter upon the trial list.

e. Affidavit—

1. A minor is competent for purposes of these Rules to execute any affidavit required to be

made by any party to an action.

f. Judgments, Costs, Settlement and Discontinuances—

1. Any judgment entered in an action against a party who is a minor shall be the obligation of

the minor only.

2. No action in which a minor is claimant shall be marked “Withdrawn” unless both the minor

and his guardian execute the order for the same.