Guardian's Manual November 2009 - The Philadelphia Courts - courts phila-2025

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Municipal Court has limited jurisdiction, hearing only select types of cases in three divisions: criminal, traffic, and civil.
The duties of any guardian of the person include: (1) assertion of the rights and interests of the incapacitated person; (2) respect for the wishes and Page 14 CCSDM-11E Page | 13 preferences of the incapacitated person to the greatest extent possible; (3) participation, where appropriate, in the development of a plan
The Philadelphia Municipal Court is a court of limited jurisdiction and is responsible for trying criminal offenses carrying maximum sentences of incarceration of five years or less; civil cases where the amount in controversy is $12,000 or less for Small Claims; unlimited dollar amounts in Landlord and Tenant cases;
A writ of possession is served following a default judgement or eviction lawsuit. The Sheriff is the person who serves the writ on the occupants and it usually has to be served to the tenant or occupants in person. The writ of possession often gives ample time before the eviction is enforced.
Those cases (1) where the tenant can prove that there is no rent delinquency and proof is presented of outstanding L I violations (a copy of the L I Report or an affidavit from Tenants counsel will be sufficient), or (2) those cases where there is no rent delinquency and the tenant claims retaliatory eviction

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Written notice of the entry of judgment shall be mailed promptly, by regular mail, by the Municipal Court Administrator to any person who failed to appear at the trial in person or by counsel, but the failure of any party to receive such notice shall not constitute ground for relief from judgment.
A Pennsylvania court may appoint a guardian of the person and/or of the estate for an individual who lives in Pennsylvania and a guardian of the estate for a person who has property in Pennsylvania if it determines after a hearing that the individual is incapacitated (previously referred to as incompetent).
Amendment of Pleadings At any time, either with the filed consent of the adverse party or by leave of court, a party may amend his pleading, change the form of action, correct the name of a party, or add a person as a party.

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