PRINTER'S NO. 93
No. 83 Session of 1977
INTRODUCED BY CAPUTO AND CESSAR, FEBRUARY 7, 1977
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 7, 1977
AN ACT
1 Amending the act of July 12, 1961 (P.L.566, No.277), entitled
2 "An act establishing and regulating the fees to be received
3 and charged by the prothonotary of the courts of common pleas
4 of this Commonwealth in counties of the second class and
5 repealing certain acts," further regulating prothonotary fees
6 in courts of common pleas in counties of the second class.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1, act of July 12, 1961 (P.L.566,
10 No.277), entitled "An act establishing and regulating the fees
11 to be received and charged by the prothonotary of the courts of
12 common pleas of this Commonwealth in counties of the second
13 class and repealing certain acts," amended June 23, 1972
14 (P.L.487, No.157), is amended to read:
15 Section 1. The fees to be received by the prothonotary of
16 the courts of common pleas of this Commonwealth, in counties in
17 the second class, shall be as follows:
18 Appeals.
19 All appeals to the court of common pleas from
20 administrative boards, agencies, commissions,
1 authorities, ordinances of local government
2 bodies, or other entries which are filed with
3 the prothonotary ............................. [$10.00]
4 $20.00
5 All appeals from the court of common pleas
6 to the Supreme, Superior or Commonwealth
7 Court ........................................ [$10.00]
8 $20.00
9 Supplemental appeals to the Supreme,
10 Superior or Commonwealth Court ............... [$5.00]
11 $10.00
12 Any and all other appeals which are filed
13 with or are to be heard by the court of common
14 pleas not specifically set forth above,
15 including the filing and docketing of same,
16 including but not limited to appeals and
17 waivers from justices of the peace ........... [$6.00]
18 $14.75
19 Appointments.
20 Filing the application for the appointment
21 of a Deputy Sheriff to be paid by the county . $1.75
22 Appointment--Auditors, Township
23 Commissioners, Township Supervisors, Borough
24 Councilmen, Tax Collectors, School Directors,
25 Board of Managers of Allegheny County
26 Industrial School, Commission to Adjust
27 Indebtedness, Fire Marshal for Allegheny
28 County, Highway Mining Commission, Board of
29 Viewers, Mine Inspector, School Auditor, School
30 Director, Sequestrator and Special Policeman . $3.00
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1 Viewers ................................... [$10.00]
2 $15.00
3 Guardian .................................. $5.75
4 Election Officers--To be paid by the
5 county ....................................... $3.00
6 Arbitrators.
7 Entering of Rule to Choose ................ $1.00
8 Entering of Praecipe to Appoint ........... $2.00
9 Entering of Rule to Refer ................. $1.00
10 Appointment of Arbitrators, not per
11 arbitrator ................................... $5.00
12 Assignments.
13 Noting, docketing, indexing and filing of
14 any assignments .............................. [$2.75]
15 $4.00
16 Every assignee in excess of two (2), [25¢]
17 50¢ per name.
18 Attachments.
19 Motion for contempt and citation .......... $1.25
20 Attachment of defaulting juror, witness ... $1.00
21 Ancillary Foreign Attachment .............. $10.50
22 Attorney.
23 Entry of motion and order of court for
24 admission of attorney at law, filing and
25 docketing of same............................. $3.00
26 Noting petition and filing disbarment to
27 be paid by county ............................ $3.00
28 Bail.
29 Cash Bond in lieu of Surety:
30 1% on first $1000.00;
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1 1/2% on the next $1000.00;
2 1/4% on any additional.
3 Bonds.
4 Filing Tax Collector's Bond ............... [$9.00]
5 $10.00
6 Filing and docketing all bonds approved
7 and/or ordered filed by order of court ....... [$3.00]
8 $5.00
9 Filing, docketing bonds that are approved
10 by the Prothonotary .......................... [$3.00]
11 $5.00
12 Filing, docketing and indexing all bonds
13 in condemnation and eminent domain cases,
14 per each individual parcel or tract of land
15 covered ...................................... [$3.00]
16 $5.00
17 For every name indexed in excess of two,
18 [25¢] 50¢ per name.
19 Case stated ............................... $15.00
20 Certifications.
21 Certificate of appointment, per individual
22 appointment .................................. $1.00
23 Certificate of no liens, for each name for
24 each five years, or fraction thereof ......... [$3.00]
25 $5.00
26 and 50¢ for each lien satisfied.
27 Certifications of satisfaction, settlements
28 or discontinuances ........................... $2.00
29 Certified Copies.
30 Docket entries
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1 Standard form, first page ................ [$2.00]
2 $3.00
3 Each additional page, or fraction
4 thereof.................................... $1.00
5 Each seal ............................. $ .50
6 Exemplification of Record, first page .... [$2.00]
7 $5.00
8 Each additional page, or fraction
9 thereof.................................... [$1.00]
10 $3.00
11 Each seal ............................. [$ .50]
12 $1.00
13 Orders of court, first page .............. [$2.00]
14 $3.00
15 Each page or fraction thereof ......... $1.00
16 Each seal ............................. [$ .50]
17 $1.00
18 Certiorari.
19 Alderman, justice of peace, magistrates ... $5.50
20 Certiorari in Appeal.
21 Milk Control Commission ................... $5.50
22 Charters.
23 Charter, or amendment to charter .......... [$12.00]
24 $20.00
25 plus $1.00 for certified record sent to
26 Harrisburg.
27 Commitments.
28 Preparing and executing all Commitments as
29 provided by order of court ................... $1.50
30 To be paid by county if so ordered by court.
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1 Commencement of Actions.
2 Commencement of any civil action by
3 either complaint, praecipe agreement,
4 motion, or petition, including the issuance
5 of summons or notice, docketing and filing
6 same and noting the return of service,
7 including all pleadings, except verdict fee,
8 termination, execution and post judgment
9 papers and services .......................... [$15.00]
10 $24.50
11 Commissions.
12 Costs and fees collected by office, 5% on
13 total amount collected.
14 Deeds.
15 Acknowledgment of sheriff's deed and all
16 docket entries ............................... [$1.00]
17 $2.00
18 Treasurers deeds and all docket entries ... [$2.50]
19 $5.00
20 Election--Petition.
21 Filing and docketing all petition,
22 motions and orders relating or pertaining to
23 the conduct of elections ..................... [$3.00]
24 $15.00
25 Executions.
26 Filing a praecipe for and the issuance of
27 a Writ of Execution, including the noting of
28 Sheriff's Return ............................. [$7.00]
29 $11.00
30 If Writ of Execution includes Attachment,
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1 additional ................................... [$3.00]
2 $4.00
3 Filing a praecipe for and issuance of a
4 writ of possession ........................... [$7.00]
5 $11.00
6 Filing a praecipe for and a re-issuance
7 and/or substitution of any of the
8 aforementioned writs ......................... [$2.50]
9 $5.00
10 All other writs of execution not herein
11 specifically provided for .................... [$7.00]
12 $11.00
13 Exemplifications.
14 Exemplified Record from another county .... [$10.00]
15 $14.50
16 Exemplified Record from another state
17 under triplicate seal ........................ [$10.00]
18 $14.50
19 Exemplification of judgment for other
20 county ....................................... [$4.50]
21 $14.50
22 Family Division Proceedings.
23 Body Attachment ........................... $2.00
24 Complaint in desertion and non-support .... $5.00
25 Petitions for custody, arrearages,
26 increases and decreases, by agreement ........ $3.75
27 Foregoing if by order of court ............ $7.25
28 Wage attachment ........................... $4.00
29 Warrant ................................... $2.00
30 Fictitious or Assumed Name.
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1 Filing and docketing application for
2 individual Fictitious Name and Proofs of
3 Publication .................................. [$10.00]
4 $20.00
5 Filing and docketing application for
6 Corporate Fictitious Name .................... [$10.00]
7 $20.00
8 Filing and docketing application for change
9 of address.................................... $5.00
10 Financial Statements.
11 Filing and noting financial statements of
12 surety companies ............................. $3.00
13 Filing accounts of masters, referees,
14 receivers and trustees, fees to be charged
15 for this shall be the same as the fee of
16 the clerk of orphans' court of the same county.
17 Funds on Deposit.
18 Receiving and distributing money paid into
19 court:
20 [1%] 3% on first $1000.00;
21 [1/2 of 1%] 2% on the next $1000.00;
22 [1/4 of] 1% on any additional with a minimum
23 fee of $2.00.
24 Indexing.
25 Indexing sheriff's certificate of
26 attachment upon real estate .................. [$ .25]
27 $ .50
28 Indexing in ad sectum index, each name .... [$ .25]
29 $ .50
30 Indexing in Federal lien index, each name . [$ .25]
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1 $ .50
2 Indexing in judgment index any lien or
3 judgment, foreign attachment or assignment
4 of judgment or order marking a judgment to
5 use, each name ............................... [$ .25]
6 $ .50
7 Indexing in locality index, each property . [$ .25]
8 $ .50
9 Indexing in miscellaneous index, each name
10 or each property ............................. [$ .25]
11 $ .50
12 Indexing satisfaction of judgment, each
13 name ......................................... [$ .25]
14 $ .50
15 Indexing satisfaction or discharge or
16 release of a Federal lien, each name ......... [$ .25]
17 $ .50
18 Issue.
19 Framing an issue .......................... $2.00
20 Judgments.
21 Entering judgment for want of appearance
22 or answer, or on verdict or findings, or
23 preliminary objections, motion or demurrer,
24 or by default, non pros, or by agreement ..... [$5.00]
25 $10.00
26 Entry of judgment upon certification or
27 exemplification in Orphans' Court,
28 Family Division, Criminal Division,
29 Aldermen and Justices of the Peace ........... [$5.00]
30 $10.00
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1 Entry of judgment upon certification or
2 exemplification from any administrative
3 board, agency, commission or tribunal ........ [$5.00]
4 $10.00
5 Entry of decree nisi ...................... $2.00
6 Entry of final decree in equity upon
7 praecipe ..................................... [$2.00]
8 $10.00
9 Filing and docketing divorce decrees,
10 [exclusive] inclusive of charge for certificate
11 to Commonwealth............................... [$5.00]
12 $31.50
13 All subsequent decrees .................... [$2.00]
14 $3.00
15 Entry of power of attorney for the
16 satisfaction of a judgment, decree or order .. [$2.50]
17 $ 5.00
18 Entry of Judgment by confession ........... [$8.50]
19 $12.00
20 Where more than one judgment note is
21 entered as a single judgment, for each
22 additional note .............................. $1.50
23 Jail.
24 Jail or workhouse release--preparation and
25 issuance of a jail or workhouse release ...... $3.50
26 To be paid by the county if so provided by
27 court order.
28 Justice of the Peace.
29 Filing bond and oath ...................... $3.00
30 Reporting and certifying the election of,
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1 to the Secretary of the Commonwealth, to be
2 paid by the County ........................... $2.00
3 Lis Pendens ............................... $2.00
4 Juvenile Section-Family Division.
5 Miscellaneous Orders ...................... $2.00
6 Petitions ................................. $4.00
7 Releases .................................. $3.50
8 Attachments ............................... $3.75
9 Summons ................................... $3.75
10 Informations .............................. $4.00
11 Commitments ............................... $3.50
12 To be paid by the county if so provided by
13 court order.
14 Oaths.
15 Administering oaths which are not
16 required to be filed of record ............... $1.00
17 Orphans' Court.
18 Entering precept or other proceeding from
19 from Orphans' Court .......................... $4.00
20 Notary Public.
21 Certificate of notarial commission ........ [$1.50]
22 $2.00
23 Registration of commission of notary
24 public and signature ......................... $1.00
25 Partnerships.
26 Filing and docketing partnership papers ... $5.00
27 Peddlers License.
28 Filing War Veterans ....................... $2.00
29 Petitions and Motions.
30 Filing and docketing all petitions
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1 and motions not requiring the issuance of a
2 rule, writ or notice but requiring a court
3 term and number .............................. $2.00
4 All petitions for the approval of surety
5 bonds or insurance companies ................. $4.75
6 Power of Attorney Letters.
7 Filing a revocation of a letter or power of
8 attorney, per name ........................... [$1.75]
9 $5.00
10 Filing a letter or power of attorney, per
11 name ......................................... [$2.50]
12 $5.00
13 Recording.
14 Filing any paper or document required by
15 law to be recorded, each full page or
16 fraction thereof ............................. [$4.00]
17 $5.00
18 Releases.
19 Filing and docketing release of lien,
20 judgment, or encumbrances, per description by
21 reference to lot or plot or plan number, per
22 lot or plan .................................. [$1.50]
23 $4.00
24 Filing and docketing release of lien,
25 judgment, or encumbrances; if described by
26 metes and bounds, per tract .................. [$1.50]
27 $4.00
28 [Anything over fifteen (15) lines, for each
29 additional line .............................. $ .10]
30 Registration.
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1 Registration of student at law, physician,
2 veterinarian or dentist ...................... $2.50
3 Remittiturs.
4 Entering of a Remittitur .................. $2.00
5 Reports.
6 Filing and entering of auditor's
7 tax collector's report ....................... [$3.00]
8 $5.00
9 Submitting report to county commissioners
10 of judgments lodged; satisfactions and
11 assignments of judgments ..................... $ .50
12 per each judgment lodged, satisfied or assigned
13 Searches.
14 Every certified judgment or lien search for
15 a period of five years or less, one name ..... [$3.50]
16 $5.00
17 Every certified locality search for each
18 period of five years or less, each property .. [$3.50]
19 $5.00
20 Every other certified search of five years
21 or less ...................................... [$3.50]
22 $5.00
23 For an additional five year period, or
24 fraction thereof ............................. [$3.50]
25 $5.00
26 Subpoena.
27 Issuing a subpoena ........................ [$1.00]
28 $2.00
29 Producing a record under subpoena within
30 the county buildings, per day or fraction
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1 thereof ...................................... $5.00
2 Service.
3 Service of notice of decrees, judgments or
4 orders and making returns .................... $2.00
5 Scire Facias.
6 Filing and docketing of adversary scire
7 facias and the issuance of writ and the noting
8 of return of service ......................... [$9.50]
9 $12.00
10 Amicable scire facias ..................... [$5.50]
11 $8.00
12 Satisfactions.
13 Entering satisfactions of judgments,
14 decrees, orders, encumbrances or liens ....... [$2.00]
15 $4.00
16 Satisfaction of judgment, orders, decrees,
17 encumbrances or liens by power of attorney ... [$2.00]
18 $4.00
19 Tax Liens.
20 Filing and entering where tax is for one
21 year and one defendant only is named ......... [$3.00]
22 $5.00
23 For each additional year included ......... [$3.00]
24 $5.00
25 For each additional defendant named ....... [$ .25]
26 $ .50
27 Filing and entering where special dockets
28 are required and indexing in judgment index
29 where tax is for one year and is directed to
30 be indexed against one defendant only ........ [$4.00]
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1 $5.00
2 For each additional year included ......... [$3.00]
3 $5.00
4 For each additional defendant named ....... [$ .25]
5 $ .50
6 Filing and entering suggestion and averment
7 of unpaid tax or municipal claim and indexing
8 in judgment docket where tax or claim is for
9 one year and is directed to be indexed against
10 one name only ................................ [$3.00]
11 $5.00
12 For each additional year included ......... [$3.00]
13 $5.00
14 For each additional name indexed .......... [$ .25]
15 $ .50
16 Preparing suggestions and averments each .. $1.00
17 Furnishing list of unsatisfied tax liens
18 each item shown .............................. $1.00
19 Filing and entering Federal tax liens ..... [$2.00]
20 $5.00
21 Verdicts.
22 Filing, docketing and indexing ............ $5.00
23 Each name in excess of one ................ [$ .25]
24 $ .50
25 Writs.
26 Issuing any original writ not specifically
27 provided herein .............................. [$10.00]
28 $11.00
29 Issuing any writ which is not an original
30 writ, and not specifically provided for herein [$1.25]
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1 $11.00
2 General Provisions.
3 The fees for services not herein specifically provided for
4 shall be the same as for similar services.
5 The prothonotary shall not be required to enter or docket any
6 suit or action or order of court, or enter any judgment thereon,
7 or perform any services whatsoever for any person, political
8 subdivision or the Commonwealth until the requisite fee is paid.
9 The interest earned on funds deposited with the prothonotary
10 pending the disposition of litigation or being held by said
11 prothonotary for any purpose shall be paid to the treasurer of
12 Allegheny County.
13 The fees hereinbefore enumerated shall be exclusive of any
14 State tax now levied or that may hereafter be levied.
15 Section 2. Section 1.1 of the act, added June 23, 1972
16 (P.L.487, No.157), is amended to read:
17 Section 1.1. From the fees specified herein to be paid to
18 prothonotaries of counties of the second class and collected by
19 them on:
20 (1) All appeals to the court of common pleas from
21 administrative boards, agencies, commissions, authorities,
22 ordinances of local government bodies, or other entities; and
23 (2) Any and all other appeals which are filed with or are to
24 be heard by the court of common pleas not specifically set forth
25 above, including but not limited to appeals from justices of the
26 peace; and
27 (3) Appointments of Boards of View; and
28 (4) Certiorari to aldermen, justices of the peace,
29 magistrates; and
30 (5) Commencement of any civil action; and
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1 (6) Filing praecipes for and issuance of writs of execution;
2 and
3 (7) Entry of judgment by confession; and
4 (8) Filing adversary and amicable scire facias; and
5 (9) Miscellaneous writs not specifically provided for, the
6 said prothonotary shall set apart the sum of [fifty cents
7 ($.50)] one dollar ($1.00) on each of said proceedings or
8 transactions and remit monthly the total collected to the county
9 treasurer for the exclusive use and benefit of the Public Law
10 Libraries in Counties of the Second Class.
11 Section 3. The provisions of this act shall not apply to any
12 county of the second class A, but only to counties of the second
13 class.
14 Section 4. This act shall take effect in 60 days.
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