§ 5103. Transfer of erroneously filed matters.
(a) General rule.--If an appeal or other matter is taken to or brought in a court or magisterial district
of this Commonwealth which does not have jurisdiction of the appeal or other matter,
the court or magisterial district judge shall not quash such appeal or dismiss the
matter, but shall transfer the record thereof to the proper tribunal of this Commonwealth,
where the appeal or other matter shall be treated as if originally filed in the transferee
tribunal on the date when the appeal or other matter was first filed in a court or
magisterial district of this Commonwealth. A matter which is within the exclusive
jurisdiction of a court or magisterial district judge of this Commonwealth but which
is commenced in any other tribunal of this Commonwealth shall be transferred by the
other tribunal to the proper court or magisterial district of this Commonwealth where
it shall be treated as if originally filed in the transferee court or magisterial
district of this Commonwealth on the date when first filed in the other tribunal.
(b) Federal cases.--
(1) Subsection (a) shall also apply to any matter transferred or remanded by any United
States court for a district embracing any part of this Commonwealth. In order to preserve
a claim under Chapter 55 (relating to limitation of time), a litigant who timely commences
an action or proceeding in any United States court for a district embracing any part
of this Commonwealth is not required to commence a protective action in a court or
before a magisterial district judge of this Commonwealth. Where a matter is filed
in any United States court for a district embracing any part of this Commonwealth
and the matter is dismissed by the United States court for lack of jurisdiction, any
litigant in the matter filed may transfer the matter to a court or magisterial district
of this Commonwealth by complying with the transfer provisions set forth in paragraph
(2).
(2) Except as otherwise prescribed by general rules, or by order of the United States
court, such transfer may be effected by filing a certified transcript of the final
judgment of the United States court and the related pleadings in a court or magisterial
district of this Commonwealth. The pleadings shall have the same effect as under the
practice in the United States court, but the transferee court or magisterial district
judge may require that they be amended to conform to the practice in this Commonwealth.
Section 5535(a)(2)(i) (relating to termination of prior matter) shall not be applicable
to a matter transferred under this subsection.
(c) Interdivisional transfers.--If an appeal or other matter is taken to, brought in, or transferred to a division
of a court to which such matter is not allocated by law, the court shall not quash
such appeal or dismiss the matter, but shall transfer the record thereof to the proper
division of the court, where the appeal or other matter shall be treated as if originally
filed in the transferee division on the date first filed in a court or magisterial
district.
(d) Definition.--As used in this section "tribunal" means a court or magisterial district judge or
other judicial officer of this Commonwealth vested with the power to enter an order
in a matter, the Board of Claims, the Board of Property, the Office of Administrator
for Arbitration Panels for Health Care and any other similar agency.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff.
60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsecs. (a), (b) and (d). See section 29 of Act 207 in the appendix
to this title for special provisions relating to construction of law.
Saved from Suspension. Pennsylvania Rule of Civil Procedure for District Justices No. 1082, as amended April
25, 1979, provided that section 5103(a) shall not be deemed suspended or affected.
Rules 1001 through 1082 relate to appellate proceedings with respect to judgments
and other decisions of district justices in civil matters. Act 207 of 2004 changed
justices of the peace to magisterial district judges. Rule 1082 can now be found in
the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District
Judges.
Cross References. Section 5103 is referred to in sections 708, 5503 of this title.
Notes of Decisions
Oleski v. Dep't of Pub. Welfare, 822 A.2d 120 (Pa. Commw. Ct. 2003).
· cites it 24× “He contends that the crux of this case is the application of 42 Pa.C.S. § 5103, sometimes known as the Pennsylvania Transfer Statute.”
Pollock, R. v. Nat'l Football League, 171 A.3d 773 (Pa. Super. Ct. 2017).
· cites it 9× “On March 20, 2014, Plaintiffs transferred the action from federal to state court pursuant to 42 Pa.C.S. § 5103, More than two years passed with no docket activity until Plaintiffs filed a motion for *778 leave to file a second amended complaint.”
Davis v. Wells Fargo, U.S., 824 F.3d 333 (3rd Cir. 2016).
· cites it 2× “1; see also 42 Pa. Cons. Stat. § 5103 (b).) Unfortunately for Davis, he did not do so.”
Collins v. Greene Cnty. Mem'l Hosp., 615 A.2d 760 (Pa. Super. Ct. 1992).
· cites it 24× “§ 5103, to transfer state claims from a federal district court to a court of common pleas following a judgment by the federal court on a federal claim and dismissal of the remaining state claims for lack of jurisdiction.”
Pace v. DiGuglielmo, 544 U.S. 408 (2005).
· cites it 2× “See 42 Pa. Cons. Stat. § 5103 (a) (2004) (instructing that, when a petition is filed in the wrong court, it is not to be stricken but transferred to the proper court).”
Est. of Ciuccarelli, 81 A.3d 953 (Pa. Super. Ct. 2013).
· cites it 8× “If an appeal or other matter is taken to, brought in, or transferred to a division of a court to which such matter is not allocated by law, the court shall not quash such appeal or dismiss the matter, but shall transfer the record thereof to the proper division of the court,…”
Lafferty v. St. Riel, 495 F.3d 72 (3rd Cir. 2007).
· cites it 3× “4 It further noted that this case was barred because it did not fall under exceptions to the state limitations period, 42 Pa. Cons.Stat. Ann. §§ 5103(a), (b)(1).”
Brown v. Pennsylvania Dep't of Corr., 81 A.3d 814 (Pa. 2013).
· cites it 4× “AND NOW, this 20th day of November, 2013, the order of the Commonwealth Court is VACATED, and this matter is REMANDED to the Commonwealth Court for transfer to the Philadelphia County Court of Common Pleas, in accord with the provisions contained within 42 Pa.C.S. § 5103(a) and…”
Kelly v. Hazleton Gen. Hosp., 837 A.2d 490 (Pa. Super. Ct. 2003).
· cites it 6× “On February 4, 2002, the district court dismissed her claim for want of jurisdiction, but suggested that she might pursue her state law claims in state court pursuant to 42 Pa.C.S. § 5103. ¶ 3 On February 20, 2002, Kelly filed a new complaint with the Court of Common Pleas of…”
City of Philadelphia v. Schweiker, 858 A.2d 75 (Pa. 2004).
· cites it 2× “See 42 Pa.C.S. § 5103(a). After holding a hearing, the Commonwealth Court dismissed the matter for lack of jurisdiction, [7] prompting the City to seek an emergency stay and the exercise of King's Bench powers by this Court.”
Clean Air Council, M.M. deMarteleire & M.S. Bomstein v. Sunoco Pipeline, L.P., 185 A.3d 478 (Pa. Commw. Ct. 2018).
· cites it 2× “ronmental Rights Amendment claim hinges on the theory that Sunoco is exercising the powers of the Commonwealth government as a public utility, this Court, and not the trial court, has exclusive original jurisdiction over the claim, and the trial court, on remand, should transfer…”
— 42 Pa. Cons. Stat. § 5103(6) — 1 case
— 42 Pa. Cons. Stat. § 5103(B) — 1 case
— 42 Pa. Cons. Stat. § 5103(a) — 206 cases
Lafferty v. St. Riel, 495 F.3d 72 (3rd Cir. 2007).
“4 It further noted that this case was barred because it did not fall under exceptions to the state limitations period, 42 Pa. Cons.Stat. Ann. §§ 5103(a), (b)(1).”
Brown v. Pennsylvania Dep't of Corr., 81 A.3d 814 (Pa. 2013).
“AND NOW, this 20th day of November, 2013, the order of the Commonwealth Court is VACATED, and this matter is REMANDED to the Commonwealth Court for transfer to the Philadelphia County Court of Common Pleas, in accord with the provisions contained within 42 Pa.C.S. § 5103(a) and…”
City of Philadelphia v. Schweiker, 858 A.2d 75 (Pa. 2004).
“See 42 Pa.C.S. § 5103(a). After holding a hearing, the Commonwealth Court dismissed the matter for lack of jurisdiction, [7] prompting the City to seek an emergency stay and the exercise of King's Bench powers by this Court.”
Clean Air Council, M.M. deMarteleire & M.S. Bomstein v. Sunoco Pipeline, L.P., 185 A.3d 478 (Pa. Commw. Ct. 2018).
“ronmental Rights Amendment claim hinges on the theory that Sunoco is exercising the powers of the Commonwealth government as a public utility, this Court, and not the trial court, has exclusive original jurisdiction over the claim, and the trial court, on remand, should transfer…”
— 42 Pa. Cons. Stat. § 5103(a)(2) — 1 case
— 42 Pa. Cons. Stat. § 5103(b) — 45 cases
Pollock, R. v. Nat'l Football League, 171 A.3d 773 (Pa. Super. Ct. 2017).
“On March 20, 2014, Plaintiffs transferred the action from federal to state court pursuant to 42 Pa.C.S. § 5103, More than two years passed with no docket activity until Plaintiffs filed a motion for *778 leave to file a second amended complaint.”
Collins v. Greene Cnty. Mem'l Hosp., 615 A.2d 760 (Pa. Super. Ct. 1992).
“§ 5103, to transfer state claims from a federal district court to a court of common pleas following a judgment by the federal court on a federal claim and dismissal of the remaining state claims for lack of jurisdiction.”
Oleski v. Dep't of Pub. Welfare, 822 A.2d 120 (Pa. Commw. Ct. 2003).
“He contends that the crux of this case is the application of 42 Pa.C.S. § 5103, sometimes known as the Pennsylvania Transfer Statute.”
Lafferty v. St. Riel, 495 F.3d 72 (3rd Cir. 2007).
“4 It further noted that this case was barred because it did not fall under exceptions to the state limitations period, 42 Pa. Cons.Stat. Ann. §§ 5103(a), (b)(1).”
— 42 Pa. Cons. Stat. § 5103(b)(1) — 16 cases
Collins v. Greene Cnty. Mem'l Hosp., 615 A.2d 760 (Pa. Super. Ct. 1992).
“§ 5103, to transfer state claims from a federal district court to a court of common pleas following a judgment by the federal court on a federal claim and dismissal of the remaining state claims for lack of jurisdiction.”
— 42 Pa. Cons. Stat. § 5103(b)(2) — 8 cases
Oleski v. Dep't of Pub. Welfare, 822 A.2d 120 (Pa. Commw. Ct. 2003).
“He contends that the crux of this case is the application of 42 Pa.C.S. § 5103, sometimes known as the Pennsylvania Transfer Statute.”
Collins v. Greene Cnty. Mem'l Hosp., 615 A.2d 760 (Pa. Super. Ct. 1992).
“§ 5103, to transfer state claims from a federal district court to a court of common pleas following a judgment by the federal court on a federal claim and dismissal of the remaining state claims for lack of jurisdiction.”
— 42 Pa. Cons. Stat. § 5103(c) — 19 cases
Est. of Ciuccarelli, 81 A.3d 953 (Pa. Super. Ct. 2013).
“If an appeal or other matter is taken to, brought in, or transferred to a division of a court to which such matter is not allocated by law, the court shall not quash such appeal or dismiss the matter, but shall transfer the record thereof to the proper division of the court,…”
— 42 Pa. Cons. Stat. § 5103(d) — 14 cases
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