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PA Bulletin, Doc. No. 02-1993

THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART II.  GENERAL ADMINISTRATION

[204 PA. CODE CH. 29]

Promulgation of Financial Regulations Pursuant to 42 Pa.C.S. § 3502(a); No. 245; Judicial Administration Doc. No. 1

[32 Pa.B. 5507]

Order

Per Curiam:

   And Now, this 24th day of October, 2002, it is Ordered pursuant to Article V, Section 10(c) of the Constitution of Pennsylvania and Section 3502(a) of the Judicial Code, 42 Pa.C.S. § 3502(a), that the Court Administrator of Pennsylvania is authorized to promulgate financial regulations to implement 42 Pa.C.S. § 3733 as amended by Act 122 of 2002.

   To the extent that notice of proposed rule-making may be required by Pa.R.J.A. 103, the immediate promulgation of the regulations is hereby found to be in the interest of efficient administration.

   This Order is to be processed in accordance with Pa.R.J.A. 103(b) and is effective immediately.

Annex A

TITLE 204.  JUDICIAL SYSTEM GENERAL PROVISIONS

PART II.  GENERAL ADMINISTRATION

CHAPTER 29.  MISCELLANEOUS PROVISIONS

Subchapter I.  BUDGET AND FINANCE

   The Pennsylvania Supreme Court, pursuant to Art 5, § 10 of the Pennsylvania Constitution, and 42 Pa.C.S. § 1721, has authorized the Court Administrator of Pennsylvania to promulgate regulations relating to the forms and accounting methods to be utilized in connection with the collection of additional fees charged and collected by prothonotaries of the Pennsylvania Supreme, Superior and Commonwealth Courts, prothonotaries, clerks of courts, recorders of deeds, clerks of orphans' courts, registers of wills of all courts of common pleas or by any officials designated to perform the functions thereof, as well as by the minor judiciary, including district justices, Philadelphia Municipal Court, Philadelphia Traffic Court and Pittsburgh Magistrates Court, which fees shall be deposited into the Judicial Computer System Augmentation Account, pursuant to Section 3733 (a.1.) of the Judicial Code, 42 Pa.C.S. § 3733 (a.1.) (as amended), including for such purposes the definition of terms, the specification of the time and manner of making remittances and disbursements and the fixing of bonding requirements, as appropriate. Revenues generated by the statutory fees detailed below will be shared between the Judicial Computer System Augmentation Account and the Access to Justice Account in the manner specified by Act 122 of 2002.

   Under authority of the Administrative Order entered by the Supreme Court of Pennsylvania on October 24, 2002 at No. 245 Judicial Administration Docket No. 1, and pursuant to the authority vested in the governing authority under Section 3502(a) of the Judicial Code, 42 Pa.C.S. § 3502(a), the following regulations are adopted to implement Act 122 of 2002, 42 Pa.C.S. § 3773(a.1) (as amended). These regulations supersede the prior regulations promulgated June 29, 1990. These regulations are effective from October 25, 2002.

TITLE 42.  JUDICIARY AND JUDICAL PROCEDURE

PART IV.  FINANCIAL MATTERS

CHAPTER 35.  Budget and Finance

Subchapter A.  General Principles

§ 35.1.  Definitions.

   (a)  Pennsylvania Supreme, Superior and Commonwealth Courts. Initial Filing.

   1.  For purposes of Section 3733(a.1) of the Judicial Code, 42 Pa.C.S. § 3733(a.1), as amended, a statutory fee of ten dollars ($10.00) shall be imposed on all items enumerated in the fee schedules of the Appellate Courts for which a filing and service fee is collected, excluding the following:

   i.  Second and Subsequent Filings for Extension of Time;

   ii.  Reargument/Reconsideration;

   iii.  Services in Connection with Appeals to or Writs of Certiorari from the United States Supreme Court;

   iv.  Miscellaneous Fees;

   v.  Subpoenas.

   (b)  Court of Common Pleas. Prothonotary. Civil Actions and Legal Proceedings.

   1.  For purposes of Section 3733(a.1) of the Judicial Code, 42 Pa.C.S. § 3733(a.1), as amended, a civil action or legal proceeding in a Court of Common Pleas is initiated upon the filing of the first legal paper therein of record with the prothonotary, which legal paper may be:

   i.  a praecipe for a writ of summons;

   ii.  a complaint;

   iii.  an agreement for an amicable action;

   iv.  a petition;

   v.  a notice of appeal from a court of limited jurisdiction; or,

   vi.  a petition or grant of any other legal paper commencing an action or proceeding authorized by Act of Assembly or rule of court.

   2.  For purposes of these regulations, the initiation of a civil action or legal proceeding shall include, but is not limited to:

   i.  actions governed by or authorized under the Pennsylvania Rules of Civil Procedures, such as Civil Action Ejectment, Equity, Ground Rent, Mandamus, Mortgage Foreclosure, Partition of Real Property, Quiet Title, Quo Warranto, Replevin, and the Prevention of Waste;

   ii.  actions pertaining to Dependency, Annulments, Divorce, Custody, Partial Custody, Visitation of Minor Children, Support, and Paternity. With respect to Divorce actions, a separate statutory fee shall be imposed for each count in the complaint in addition to the count requesting divorce;

   iii.  statutory actions such as Confirmation of Arbitration Awards, Conformation of Confessed Judgment, Declaratory Judgment, Opening or Striking Off a Judgment, Eminent Domain, Habeas Corpus, Proceedings on Liens (other than revival), Name Changes, Partition of Property Held by Husband and Wife as Tenants By the Entireties, Tax Sales of Real Property; or,

   iv.  other actions not included in subsections (i), (ii) or (iii) such as: Appeals from Board of Elections, Appeals from Board of Viewers, Appeals from Zoning Boards, and Certiorari to District Justices.

   (c)  Court of Common Pleas. Orphans' Court Clerk, Register of Wills.

   1.  For purposes of Section 3733(a.1) of the Judicial Code, 42 Pa.C.S. § 3733(a.1), as amended, a statutory fee of ten dollars ($10.00) shall be imposed on all petitions for grant of letters, and first filings in petitions concerning adoptions, incompetents' estates, minors' estates, and inter vivos trusts.

   (d)  Court of Common Pleas. Clerk of Court.

   1.  For purposes of imposition of the statutory fee upon conviction or guilty plea authorized by Section 3733(a.1) of the Judicial Code, 42 Pa.C.S. § 3733(a.1), as amended, the initiation of a criminal proceeding shall include:

   i.  cases commenced at the district justice level resulting in the issuance of a numbered docket transcript form (OTN), and subsequently waived or held to court;

   ii.  the appeal of a summary conviction to the court of common pleas;

   iii.  cases involving juvenile defendants where a petition alleging delinquency has been filed in the court of common pleas;

   iv.  cases involving juvenile defendants certified to the court of common pleas, resulting in the issuance of a numbered docket transcript form (OTN); and

   v.  cases involving the severance of charges into separate cases resulting in the issuance of one or more additional numbered docket transcripts (OTNs).

   2.  A statutory fee of ten dollars ($10.00) shall be imposed for each filing of a deed, mortgage or property transfer for which a fee, charge or cost is now authorized. The documents identified as meeting the above conditions include, subject to later amendment, the following:

   i.  Deeds in any form

   ii.  Mortgages

   iii.  Mortgage assignments

   iv.  Mortgage releases

   v.  Mortgage satisfaction pieces

   vi.  Installment sales agreements

   vii.  Leases for a term of thirty (30) years or longer

   viii.  Easements

   (e)  Minor Judiciary. Civil and Criminal Proceedings.

   1.  For purposes of Section 3733(a.1) of the Judicial Code, 42 Pa.C.S. Section 3733(a.1), as amended, the initiation of a legal proceeding, in the following courts of the Minor Judiciary, shall include, but is not limited to, the following:

   i.  District Justices. Civil Actions. A statutory fee of ten dollars ($10.00) shall be imposed in connection with the filing of a complaint in Trespass and Assumpsit or for the Recovery of Possession of Real Property (Landlord and Tenant Proceeding) or for any other Civil Action as provided in the Rules of Civil Procedure Governing Actions and Proceedings before District Justices.

   ii.  District Justices. Criminal Actions. A statutory fee of ten dollars ($10.00) shall be imposed upon a conviction or guilty plea based upon the filing of a criminal complaint, traffic citation or non-traffic citation charging an offense classified as misdemeanor or summary under a state statute or local ordinance as provided in the Pennsylvania Rules of Criminal Procedure.

   iii.  Philadelphia Traffic Court. Criminal Actions. A statutory fee of ten dollars ($10.00) shall be imposed upon a conviction or guilty plea based upon the filing of a traffic citation charging a violation of Title 75 of the Pennsylvania Consolidated Statutes or any ordinance of the City and County of Philadelphia enacted pursuant to Title 75.

   iv.  Pittsburgh Magistrates Court. Civil Actions. A statutory fee of ten dollars ($10.00) shall be imposed in connection with the filing of a civil complaint seeking recovery of fines and penalties imposed by an ordinance of the City of Pittsburgh or by any ordinance or regulation relating to housing and health administered and enforced by the county health department where the violation occurs within the City of Pittsburgh.

   v.  Pittsburgh Magistrates Court. Criminal Actions. A statutory fee of ten dollars ($10.00) shall be imposed upon a conviction or guilty plea based upon the filing of a criminal complaint, traffic citation or non-traffic citation charging an offense classified as misdemeanor or summary under state statute or local ordinance as provided for in the Pennsylvania Rules of Criminal Procedure.

   vi.  Philadelphia Municipal Court. Civil Actions. A statutory fee of ten dollars ($10.00) shall be imposed in connection with the filing of a complaint for a Civil Action, as defined in the Philadelphia Municipal Court Rules of Civil Procedure.

   vii.  Philadelphia Municipal Court. Criminal Actions. A statutory fee of ten dollars ($10.00) shall be imposed upon conviction or guilty plea based upon the filing of a criminal complaint, traffic citation or non-traffic citation charging an offense classified as misdemeanor or summary under state statute or local ordinance as provided for in the Pennsylvania Rules of Criminal Procedure.

   (f)  Recorders of Deeds. A statutory fee of ten dollars ($10.00) shall be imposed for each filing of a deed, mortgage or property transfer for which a fee, charge or cost is now authorized. The documents identified as meeting the above conditions include, subject to later amendment, the following:

   i.  Deeds in any form

   ii.  Mortgages

   iii.  Mortgage assignments

   iv.  Mortgage releases

   v.  Mortgage satisfaction pieces

   vi.  Installment sales agreements

   vii.  Leases for a term of thirty (30) years or longer

   viii.  Easements

[Pa.B. Doc. No. 02-1993. Filed for public inspection November 8, 2002, 9:00 a.m.]


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