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PA Bulletin, Doc. No. 96-854

THE COURTS

Title 249--PHILADELPHIA RULES

PHILADELPHIA COUNTY

Amended Rules of Civil Procedure

[26 Pa.B. 2409]

Order

   And Now, this 9th day of May 1996, the following amendment to the Rules of Civil Procedure Rule No. 124. Stay of Execution Pending Appeal, was amended at the Board of Judges meeting, as General Court Regulation 96-6-MC.

   This Order, becomes effective thirty (30) days after publication in the Pennsylvania Bulletin.

ALAN K. SILBERSTEIN,   
President Judge

Rule 124.  Time and Method of Appeal and Stay of Execution Pending Appeal.

   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 thirty (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 accept an appeal from an aggrieved party which is presented for filing more than thirty (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 ten (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 ten (10) days after the date of judgment without leave of the Court of Common Pleas and upon good cause shown.

   [a.  When a copy of a perfected appeal to the Court of Common Pleas is duly filed with the Municipal Court Administrator, execution shall not issue as to all parties and shall be stayed until said appeal is terminated without adjudication on the merits.

   b.  The stay of execution shall be vacated upon filing with the Municipal Court Administrator a copy of docket entries evidencing final termination of such appeal in favor of claimant without adjudication on the merits in the Philadelphia Court of Common Pleas.]

   c.  (1)  Except as provided in subsection (c)(2), [Appeals] appeals to the Court of Common Pleas shall be governed by Rule 300 et seq. of the Philadelphia Court of Common 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 notice 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 (3) 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 thirty (30) days following the date of the appeal, and each successive thirty (30) day period thereafter. Upon application by the landlord/appellee and approval 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 supersedeas 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 promulgated 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 Justice Rules. The amendments to Philadelphia Municipal Court Rule of Civil Procedure 124 are consistent with the Supreme Court's amendments within Pennsylvania District Justice Rules of Civil Procedure 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.

Order

   And now, this 9th day of May 1996, the following amendment to the Rules of Civil Procedure Rule No. 126. Execution and Revival of Judgments: Sheriff's Interpleader, was amended at the Board of Judges meeting, as General Court Regulation 96-7-MC.

   This Order, becomes effective thirty (30) days after publication in the Pennsylvania Bulletin.

ALAN K. SILBERSTEIN,   
President Judge

Rule 126.  Execution and Revival of Judgments: Sheriff's Interpleader.

   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[, except that execution upon landlord-tenant judgments for writs of possession may issue within five (5) days after judgments].

   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 fifteen (15) days after judgment, and the alias writ of possession may issue on or after sixteen (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 ten (10) days after judgment, and the alias writ of possession may issue on or after eleven (11) days after issuance of the writ of possession.

   [b.] 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.

   [c.] d.  Sheriff's interpleader proceedings shall be in accordance with the Rules governing actions in the Court of Common Pleas.

   [d.] e.  An alias writ of possession may not be issued after six (6) months from the date of the judgment for possession without leave of court.

Note

   On March 28, 1996, the Pennsylvania Supreme Court promulgated 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 Justice 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.

[Pa.B. Doc. No. 96-854. Filed for public inspection May 24, 1996, 9:00 a.m.]


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