Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Pennsylvania Supreme, Superior and Commonwealth Courts. Initial
Filing.
Except for the provisions of subsection (g)(1) below, for
purposes of
42 Pa.C.S. §§
3733(a.1)
and 3733.1 and section
1795.1 -E of The Fiscal Code
(72
P.S. § 1795.1-E), a statutory fee of nineteen
dollars ($19.00) 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. Except for the provisions of subsection
(g)(1) below, for purposes of
42 Pa.C.S. §§
3733(a.1)
and 3733.1 and section 1795.1-E of The Fiscal Code (72 P.S. § 1795.1-E), a statutory fee of nineteen
dollars ($19.00) shall be imposed on a civil action or legal proceeding in a
Court of Common Pleas whenever it is initiated upon the filing of the first
legal paper therein of record with the prothonotary. The first legal paper may
be any of the following:
i. Praecipe for a
Writ of Summons.
ii.
Complaint.
iii. Deleted.
iv. Petition.
v. Notice of Appeal from a court of limited
jurisdiction.
vi. 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 Procedure, 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,
Alimony Pendente Lite, 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.
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 Magisterial District Judges.
(c)
Court of Common Pleas. Orphans'
Court Clerk, Register of Wills.
Except for the provisions of subsection (g)(1) below, for
purposes of
42 Pa.C.S. §§
3733(a.1)
and 3733.1 and 1795.1-E of The Fiscal Code (72 P.S. § 1795.1-E), a statutory fee of nineteen
dollars ($19.00) shall be imposed on all petitions for grant of letters, and
first filings in petitions concerning adoptions, incapacitated persons'
estates, minors' estates, and inter vivos trusts.
(d)
Court of Common Pleas. Clerk of
Court.
1. Except for the provisions
of subsection (g)(1) below, for purposes of
42 Pa.C.S. §§
3733(a.1)
and 3733.1 and section 1795.1-E of The Fiscal Code (72 P.S. § 1795.1-E), a statutory fee of nineteen
dollars ($19.00) shall be imposed upon conviction, guilty plea, or when a
defendant is granted entry into an Accelerated Rehabilitative Disposition (ARD)
or other pretrial diversionary program based upon the initiation of any
criminal proceeding. The initiation of a criminal proceeding shall include the
following:
i. Cases commenced at the
magisterial district judge 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).
v.
Cases involving the severance of charges into separate cases resulting in the
issuance of one or more additional numbered docket transcripts
(OTNs).
2. Except for the
provisions of subsection (g)(1) below, for purposes of
42 Pa.C.S. §§
3733(a.1)
and 3733.1 and section 1795.1-E of The Fiscal Code (72 P.S. § 1795.1-E), a statutory fee of nineteen
dollars ($19.00) 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 are listed below. The list
is not exclusive; other filings for which a fee is imposed and that can be
considered a property transfer are included, and the fee shall be imposed.
Subject to later amendment, the following documents have been identified as
meeting the statutory provisions:
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.
ix. Rights of
Way.
(e)
Minor Judiciary. Civil and Criminal Proceedings.
For purposes of
42 Pa.C.S. §§
3733(a.1)
and 3733.1, and section 1795.1-E of The Fiscal Code (72 P.S. § 1795.1-E), a statutory fee of nineteen
dollars ($19.00) shall be imposed on the initiation of a legal proceeding
except as provided in subsection (iii). The initiation of a legal proceeding,
in the following courts of the Minor Judiciary, shall include, but is not
limited to, the following:
i.
Magisterial District Judge. Civil Actions. Except for the
provisions of subsection (g)(1) below, a statutory fee of nineteen dollars
($19.00) 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
Magisterial District Judges.
ii.
Magisterial District Judge. Criminal Actions. Except for the
provisions of subsection (g)(1) below, a statutory fee of nineteen dollars
($19.00) shall be imposed upon a conviction, guilty plea or when a defendant is
granted entry into an Accelerated Rehabilitative Disposition (ARD) or any other
pretrial diversionary program based upon the filing of a criminal complaint 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.
Magisterial District Judge, Pittsburgh Municipal Court, and
Philadelphia Municipal Court. Title 75 Summary Offenses Initiated by Traffic
Citation. Except for the provisions of subsection (g)(2) below, a
statutory fee of twelve dollars ($12.00) shall be imposed upon a conviction or
guilty plea based upon the filing of a traffic citation charging a violation of
Title 75 (relating to vehicles) offense classified as summary under a state
statute or local ordinance as provided in the Pennsylvania Rules of Criminal
Procedure.
iv.
Pittsburgh
Municipal Court. Civil Actions. Except for the provisions of
subsection (g)(1) below, a statutory fee of nineteen dollars ($19.00) 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 Municipal Court. Criminal Actions. Except for the
provisions of subsection (g)(1) below, a statutory fee of nineteen dollars
($19.00) shall be imposed upon a conviction, guilty plea or when a defendant is
granted entry into an Accelerated Rehabilitative Disposition (ARD) or any other
pretrial diversionary program based upon the filing of a criminal complaint 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. Except for the
provisions of subsection (g)(1) below, a statutory fee of nineteen dollars
($19.00) 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. Except for the
provisions of subsection (g)(1) below, a statutory fee of nineteen dollars
($19.00) shall be imposed upon conviction, guilty plea or when a defendant is
granted entry into an Accelerated Rehabilitative Disposition (ARD) or any other
pretrial diversionary program based upon the filing of a criminal complaint 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.
Except for the provisions of subsection (g)(1) below, for
purposes of
42 Pa.C.S. §§
3733(a.1)
and 3733.1 and section 1795.1-E of The Fiscal Code (72 P.S. § 1795.1-E), a statutory fee of nineteen
dollars ($19.00) 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 are listed below. The list
is not exclusive; other filings for which a fee is imposed and that can be
considered a property transfer are included, and the fee shall be imposed.
Subject to later amendment, the following documents have been identified as
meeting the statutory provisions:
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.
ix. Rights of Way.
(g)
Temporary Surcharge.
1. Beginning November 1, 2023, and until July
31, 2025, for purposes of section 2802-E of the Administrative Code of 1929
(71
P.S. §
720.102), a temporary surcharge of
twenty-one dollars and twenty-five cents ($21.25) shall be collected by all
collectors of the JCS/ATJ/CJEA fee to supplement the nineteen dollars ($19.00)
statutory fee described above. This temporary surcharge may not be imposed upon
a conviction or guilty plea based upon the filing of a traffic citation
charging a Title 75 (relating to vehicles) offense classified as summary under
a state statute or local ordinance as provided in the Pennsylvania Rules of
Criminal Procedure.
2.
Magisterial District Judge, Pittsburgh Municipal Court, and
Philadelphia Municipal Court. Title 75 Summary Offenses Initiated by Traffic
Citation. Beginning November 1, 2023, and until July 31, 2025, for
purposes of section 2802-E of the Administrative Code of 1929 (71 P.S. §
720.102), a temporary surcharge of twenty one
dollars and twenty-five cents ($21.25) shall be collected to supplement the
twelve dollars ($12.00) statutory fee imposed upon a conviction or guilty plea
based upon the filing of a traffic citation charging a violation of Title 75
(relating to vehicles) offense classified as summary under a state statute or
local ordinance as provided in the Pennsylvania Rules of Criminal
Procedure.
