HOUSE AMENDED
PRIOR PRINTER'S NOS. 1070, 1501, 1547 PRINTER'S NO. 1605
No. 937 Session of 1981
INTRODUCED BY ZEMPRELLI AND FISHER, JUNE 23, 1981
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JANUARY 26, 1982
AN ACT
1 Establishing fees which shall be charged by a prothonotary in a
2 county of the second class.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the "Second Class
7 County Prothonotary Fee Act."
8 Section 2. Fee schedule.
9 The fees to be received by the prothonotary of the court of
10 common pleas of a county of the second class shall be as
11 follows:
12 (1) Accounts and Reports.--The filing and
13 docketing of a report or an account............ $11.00
14 (2) Appeals.--
15 (i) The filing of an appeal to the
16 Supreme, Superior or the Commonwealth
1 Court...................................... $50.00
2 (ii) The filing of any other appeal
3 including an appeal from administrative
4 agencies, arbitration, Petition for Writ of
5 Certiorari and Appeals from a Magistrate's
6 decision................................... 35.00
7 (3) Bonds.--(Surety or cash) approved by
8 court or prothonotary.......................... $10.00
9 (4) Certifications.--
10 (i) Any certification of certificate.. $8.00
11 (ii) Any exemplification.............. 20.00
12 (iii) If the same involves more than
13 one page, for each additional page......... 2.00
14 (iv) Certification of Notarial
15 Certificate................................ 15.00
16 (v) Certified copies of Divorce
17 Decrees.................................... 10.00
18 Additional copies.......................... 5.00
19 (5) Commencement of actions.--Commencement
20 of any civil action by writ of summons,
21 complaint, amicable action, petition or
22 otherwise including Actions in Assumpsit,
23 Trespass, Ejectment, Quiet Title, Replevin,
24 Mandamus, Quo Warranto, Divorce or Annulment of
25 Marriage, Mortgage Foreclosure, Ground Rent
26 Foreign Attachment, Fraudulent Debtor's Attach-
27 ment Equity, Partition of Real Property,
28 Actions to Prevent Waste, Actions upon
29 Mechanics' Liens, Class Actions, Actions
30 involving Minors, Declaratory Actions, Amicable
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1 Actions, except Complaint in Confession of
2 Judgment (see "Judgments") and Commencement of
3 Commonwealth Tax Liens (see "Liens"). This is
4 a composite fee which includes the filing of
5 all plaintiff's pleadings discovery or any
6 other paper not otherwise provided for in this
7 act except trial and trial listings, judgment,
8 execution, attachment, revival and post judg-
9 ment papers.................................... $35.00
10 (6) Deeds.--Acknowledgment of sheriff's or
11 treasurer's deeds.............................. $5.00
12 (7) Defendant's first filing.--The filing
13 on behalf of any defendant (or additional
14 defendant) of the first pleading, entry of
15 appearance, answer, preliminary objections,
16 writ to join (with entry of appearance) or
17 complaint against additional defendant, or
18 other paper not otherwise provided for in this
19 act. A pleading, appearance or other paper not
20 otherwise provided for in this act filed on
21 behalf of more than one defendant shall require
22 only one fee. The filing of separate initial
23 pleadings by defendants require a separate fee.
24 This is a composite fee which includes the
25 filing of all defendant's pleadings, discovery
26 or any other paper not otherwise provided for
27 in this act except trial and trial listings,
28 judgment execution attachment, revival and post
29 judgment papers................................ $15.00
30 (8) Eminent domain.--
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1 (i) Commencement of action by
2 Declaration of Taking or Petition for
3 Appointment of a Board of Viewers.......... $35.00
4 (ii) Initial fee charged for each
5 premises, parcel or plot................... 1.00
6 (9) Fictitious individual and corporate
7 names.--
8 (i) The filing of an application for
9 the registration of an individual
10 fictitious name............................ $40.00
11 (ii) Any subsequent filing and
12 cancellation............................... 7.50
13 (iii) The filing of an application for
14 the registration of a fictitious corporate
15 name....................................... 50.00
16 (iv) Any subsequent filing including
17 cancellation............................... 7.50
18 (10) Financing statements.--
19 (i) The filing of the U.C.C.I. or any
20 initial filing under the Uniform Commercial
21 Code....................................... $15.00
22 (ii) All subsequent filing including
23 termination, continuation and assignments.. 5.00
24 (11) Funds on deposit.--
25 (i) Receiving and distributing money
26 paid into court for each dollar under $500. (4%)
27 (ii) For each dollar exceeding $500... (1%)
28 (12) Joinder.--Defendants joinder of each
29 additional defendant, except initial action
30 with appearance, each.......................... $20.00
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1 (13) Judgment.--
2 (i) Entry of Judgment in any action
3 commenced in this county................... $15.00
4 (ii) Entering from another
5 jurisdiction............................... 25.00
6 (iii) Entering by agreement........... 20.00
7 (iv) Judgment by confession........... 25.00
8 (v) Complaint in Confession of
9 Judgment................................... 25.00
10 (vi) Assignment of any Judgment....... 15.00
11 (14) Liens.--
12 (i) The filing of any Federal Tax
13 Lien, Mechanics Lien or any lien not
14 covered under this act, Waiver and "To the
15 Use of Lien" including Affidavit of
16 Service, including all indexing............ $10.00
17 (ii) Commencement of any Commonwealth
18 Tax Lien, including the lien, complaint to
19 use claims, Writs of Scire Facias, all
20 pleadings, default judgment, the filing of
21 any paper, except Revival, including
22 indexing................................... 10.00
23 (15) Notary Public.--Registration of
24 notary public signature........................ $5.00
25 (16) Papers.--The filing of any
26 interlocutory paper not included in any
27 composite fee.................................. $3.00
28 (17) Petitions.--The filing of an
29 interlocutory petition or motion not included
30 in any composite fee........................... $10.00
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1 (18) Power of attorney.--The filing of a
2 power of attorney, including all services and
3 revocation..................................... $20.00
4 (19) Partnerships and associations.--The
5 filing of any partnership agreement or
6 association under their applicable acts,
7 including all subsequent papers and
8 termination.................................... $30.00
9 (20) Refunds.--
10 There shall be no refund of any amount less
11 than $5.00 in the event of overpayment of fees.
12 (21) Release of Lien...................... $7.50
13 (22) Revivals.--The filing of any writ of
14 Revival, petition, pleading and all papers..... $25.00
15 (23) Searches.--
16 (i) Every certified judgment or lien
17 search for each period of five years or
18 less, each property........................ $20.00
19 (ii) Every certified locality search,
20 for each period of five years or less, each
21 property................................... 20.00
22 (iii) Every certified search of five
23 years or less the Uniform Commercial Code
24 index...................................... 20.00
25 (iv) Fictitious and Fictitious
26 Corporate Name Searches:
27 (A) Every certified search from
28 the year 1953 to date or any fraction
29 thereof from the Fictitious name or
30 Fictitious Corporate name index........ 20.00
19810S0937B1605 - 6 -
1 (B) Every five years theretofore
2 or any fraction thereof................ 10.00
3 (C) Every search of any given five
4 year period of any fraction thereof.... 10.00
5 (v) Uniform Commercial Code Searches:
6 (A) Every certified search of the
7 Uniform Commercial Code index of five
8 years or less.......................... 20.00
9 (B) Each additional statement
10 found over one......................... 1.00
11 (C) Searches beyond five years for
12 additional five years or any fraction
13 thereof................................ 20.00
14 (24) Subpoena.--
15 (i) Issuing a subpoena form........... $2.00
16 (ii) Producing a record in response to
17 a subpoena based on four-hour service...... 20.00
18 (iii) Service beyond four hours or
19 fraction thereof........................... 15.00
20 (iv) For each mile traveled (round
21 trip) for service out of county............ .17
22 (25) Suggestion of nonpayment.--
23 Suggestion and averments....................... $20.00
24 (26) Termination papers.--The fee for the
25 filing of any satisfaction, discontinuance or
26 termination type paper......................... $5.00
27 (27) Trial and trial listings.--
28 (i) Jury fee when case is placed at
29 issue or appeal from arbitration demanding
30 jury trial................................. $50.00
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1 (ii) Compulsory arbitration listing... 15.00
2 (iii) Orders for continuances......... 15.00
3 (iv) Certificate of readiness......... 15.00
4 (28) Writs of execution, possession or
5 seizure.--Issuing any writ of execution,
6 attachment, including indexing................. $20.00
7 Section 3. Fees for similar services.
8 The fee for any paper or service not specifically provided
9 for in section 2 shall be the same as for a similar service.
10 Section 4. Fees exclusive of taxes.
11 The fees enumerated in section 2 shall be exclusive of any
12 tax not levied, including law library taxes or that may
13 hereafter be levied.
14 Section 5. Fees required before papers received or services
15 performed.
16 The prothonotary shall not be required to receive any paper
17 or perform any service until the proper fee is paid.
18 Section 6. Jury fee.
19 The jury fee when paid shall not be refunded.
20 Section 7. Repeals.
21 (a) Specific acts.--The following acts or parts of acts are <--
22 repealed insofar as they are inconsistent with this act:
23 Section 1725 of Title 42, act of November 25, 1970 (P.L.707,
24 No.230), known as the Pennsylvania Consolidated Statutes.
25 Section 24(a) of the act of July 9, 1976 (P.L.586, No.142),
26 known as the "Judiciary Act of 1976." (A) SPECIFIC REPEAL.--THE <--
27 ACT OF JULY 12, 1961 (P.L.566, NO.277), ENTITLED "AN ACT
28 ESTABLISHING AND REGULATING THE FEES TO BE RECEIVED AND CHARGED
29 BY THE PROTHONOTARY OF THE COURTS OF COMMON PLEAS OF THIS
30 COMMONWEALTH IN COUNTIES OF THE SECOND CLASS AND REPEALING
19810S0937B1605 - 8 -
1 CERTAIN ACTS," IS REPEALED TO WHATEVER EXTENT IT REMAINED IN
2 EFFECT PURSUANT TO SECTION 24(A) OF THE ACT OF JULY 9, 1976
3 (P.L.586, NO.142).
4 (b) General repeal.--All other acts or parts of acts are
5 repealed insofar as they are inconsistent herewith.
6 Section 8. Effective date.
7 This act shall take effect immediately.
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