AN ACT

 

1Amending Titles 16 (Counties) and 42 (Judiciary and Judicial
2Procedure) of the Pennsylvania Consolidated Statutes by:

3--In Title 16:

4In general provisions:

5In salaries:

6providing for counties of the third class, 
7for counties of the fourth class, for counties of 
8the fifth class, for counties of the sixth class, 
9counties of the seventh class, for counties of 
10the eighth class, for counties of the second 
11class, for recorder of deeds, for register of 
12wills, for court personnel and salaries, for 
13power of the county commissioners to fix salaries 
14of county officers, for multiple officeholders 
15and salaries and for salary of controller, 
16recorder of deeds and clerk of courts in counties 
17of the third class.

18In fees:

19providing for Orphans' Court in fifth through
20eighth class counties, for Orphans' Court in
21second through eighth class counties, for 
22additional fee for initiation in second class 
23counties, for prothonotaries and civil judicial 
24records offices in second class counties, for
25establishment and modification of fees in second
26class counties, for additional fee for initiation
27in second class counties, for payment required,
28for County Records Improvement Fund and for clerk
29of courts or director of criminal judicial

1records fee.

2In prothonotary or director fees:

3providing for construction of terms, for fees
4in counties of the second class A, third class,
5fourth class, fifth class, sixth class, seventh
6class and eighth class, and in home rule
7counties, for increasing existing fees, for
8automation fee for prothonotary's office or civil
9judicial records office or consolidated judicial
10records office and for similar service, payment
11in advance and tax.

12In fees for Municipal Court of Philadelphia:

13providing for fee schedule, for fees for
14similar service and for fees required before a
15service is performed.

16In fees in second class A counties:

17providing for fees charged and collected and 
18for similar service, payment in advance and tax.

19In reimbursement, providing for county court
20reimbursement.

21--In Title 42:

22In general provisions, further providing for
23definitions.

24In general structure and powers, further providing
25for oaths and acknowledgments.

26In community and municipal courts:

27In community courts, further providing for lien
28of judgments.

29In Pittsburgh Magistrates Court, further
30providing for lien of judgment.

31In traffic courts, further providing for signatures
32and dockets.

33In magisterial district judges, further providing for
34lien of judgment.

35In governance of the system, further providing for
36personnel of the system and for establishment of fees and 
37charges.

38In Administrative Office of Pennsylvania Courts:

39further providing for availability of criminal 
40charge information in child custody proceedings; and

41providing for county-level prothonotaries, clerks
42of the courts, clerks of orphans' court divisions and
43selected deputies.

44In representation of litigants, further providing for 
45letters of attorney.

46Providing for judicial records office.

47In selection and retention of judicial officers,
48further providing for certification of successful 
49completion of course of training.

50In facilities and supplies, further providing for 
51county judicial center or courthouse and for deposits
 

1into account.

2In dockets, indices and other records:

3In establishment, maintenance and effect of
4judicial records:

5further providing for effect of records as
6notice, for effect of judgments and orders as
7liens, for Federal judgments as liens and for
8enforcement of foreign judgments.

9In disposition of obsolete records, further
10providing for transfer of custody to local museum
11upon application.

12In court interpreters:

13In court interpreters for persons with limited
14English proficiency, further providing for duties of
15Court Administrator.

16In court interpreters for persons who are deaf,
17further providing for duties of Court Administrator.

18In juries and jurors, further providing for expenses
19of investigating grand juries and trials resulting
20therefrom.

21In bonds and recognizances:

22further providing for definitions, for
23registration and licensure required, for suspension
24or revocation of license and for statements by
25fidelity or surety companies.

26In rules of evidence, further providing for proof of
27official records and for retention of records.

28In juvenile matters, further providing for subpoena
29and for ordering foreign supervision.

30In prisoner litigation, further providing for
31prisoner filing fees.

32In judgments and other liens:

33In general provisions, further providing for duty
34of judgment creditor to enter satisfaction.

35In exemptions from execution, further providing
36for personal earnings exempt from process.

37In priority of liens, further providing for time
38from which liens have priority and for endorsement of
39time.

40In enforcement of judgments, further providing
41for judicial sale as affecting lien of mortgage.

42In particular rights and immunities, further
43providing for civil rights violations.

44In commencement of proceedings, further providing for
45indictment and information.

46In sentencing, further providing for collection of
47restitution, reparation, fees, costs, fines and
48penalties.

49--Making repeals.

50Under Article V of the Constitution of Pennsylvania and its

1establishment of the Unified Judicial System and consistent with
2the authority of the General Assembly regarding expenditure of
3Commonwealth funds under Article III, Section 24 of the
4Constitution of Pennsylvania and while otherwise expressly
5reserving its appropriation and other legislative authority as
6to the funding of the Unified Judicial System, it is the intent
7of the General Assembly to facilitate the administration of the
8Unified Judicial System by providing for the inclusion of
9designated county prothonotaries, clerks of the courts and
10clerks of orphans' court divisions and selected deputies within
11the Unified Judicial System and for their compensation by the
12Commonwealth.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. Chapter 11 of Title 16 of the Pennsylvania
16Consolidated Statutes is amended by adding subchapters to read:

17SUBCHAPTER C

18SALARIES

19Sec.

201141. Counties of the third class.

211142. Counties of the fourth class.

221143. Counties of the fifth class.

231144. Counties of the sixth class.

241145. Counties of the seventh class.

251146. Counties of the eighth class.

261147. Counties of the second class.

271148. Recorder of deeds.

281149. Register of wills.

291150. Court personnel and salaries.

301151. Power of the county commissioners to fix salaries of

1county officers.

21152. Multiple officeholders and salaries.

31153. Salary of controller, recorder of deeds and clerk of
4courts in counties of third class.

5§ 1141. Counties of the third class.

6(a) County officers.--Except as provided in subsection (b),
7the annual salaries of the following county officers of counties
8of the third class shall be as follows:

9(1) The sheriff, $12,480.

10(2) The coroner, $9,120.

11(3) The prothonotary, $11,520.

12(4) The clerk of the courts, $11,520.

13(5) The register of wills and ex officio clerk of the
14orphans' court, $8,760.

15(6) The recorder of deeds, $11,520.

16(7) The county treasurer, $10,080.

17(8) The county controller, $12,600.

18(9) A county commissioner, $13,500.

19(10) A jury commissioner, $1,680.

20(11) The district attorney, $13,500.

21(b) Reduction.--If the powers and duties of an office
22subject to this section are transferred under 42 Pa.C.S. §
231905.1 (relating to county-level prothonotaries, clerks of the
24court, clerks of the orphans' court division and selected
25deputies), the county commissioners may reduce the salary for
26the office to an amount they deem appropriate.

27§ 1142. Counties of the fourth class.

28(a) County officers.--Except as provided in subsection (b),
29the annual salaries of the following county officers of counties
30of the fourth class shall be as follows:

1(1) The district attorney, $12,000.

2(2) The sheriff, $11,400.

3(3) The prothonotary, $11,160.

4(4) The clerk of courts, $11,160.

5(5) The clerk of the orphans' court, other than the
6register of wills acting as ex officio of orphans' court,
7$11,160.

8(6) The register of wills and ex officio of the orphans'
9court, $8,760.

10(7) The recorder of deeds, $11,160.

11(8) The county treasurer, $9,840.

12(9) A county commissioner, $12,000.

13(10) The coroner, $8,400.

14(11) A jury commissioner, $1,130.

15(12) The county controller, where the office exists or
16may be created, $11,160.

17(b) Reduction.--If the powers and duties of an office
18subject to this section are transferred under 42 Pa.C.S. §
191905.1 (relating to county-level prothonotaries, clerks of the
20court, clerks of the orphans' court division and selected
21deputies), the county commissioners may reduce the salary for
22the office to an amount they deem appropriate.

23§ 1143. Counties of the fifth class.

24(a) County officers.--Except as provided in subsection (d),
25the annual salaries of the following county officers of counties
26of the fifth class shall be as follows:

27(1) The sheriff, $9,600.

28(2) The county comptroller, where the office exists,
29$9,600.

30(3) The coroner, $5,400.

1(4) The prothonotary, $9,600.

2(5) The clerk of quarter sessions and oyer and terminer,
3$9,600.

4(6) The clerk of the orphans' court, $9,600.

5(7) The register of wills, $9,600.

6(8) The recorder of deeds, $9,600.

7(b) Holding two or more offices.--If an officer under
8subsection (a) holds two or more offices under subsection (a),
9the officer shall receive $9,600.

10(c) Other county officers.--Except as provided in subsection 
11(d), the annual salaries of the following county officers of 
12counties of the fifth class shall be as follows:

13(1) A county commissioner, $10,200.

14(2) The county treasurer, $9,600.

15(3) A jury commissioner, $900.

16(4) The district attorney, $10,200.

17(d) Reduction.--If the powers and duties of an office
18subject to this section are transferred under 42 Pa.C.S. §
191905.1 (relating to county-level prothonotaries, clerks of the
20court, clerks of the orphans' court division and selected
21deputies), the county commissioners may reduce the salary for
22the office to an amount they deem appropriate.

23§ 1144. Counties of the sixth class.

24(a) County officers.--Except as provided in subsection (d),
25the annual salaries of the following county officers of counties
26of the sixth class shall be as follows:

27(1) The clerk of the court of quarter sessions, $8,400.

28(2) The treasurer, $8,160.

29(3) The controller, $8,400.

30(4) The clerk of oyer and terminer, $1,100.

1(5) A clerk of the orphans' court, other than the
2register of wills acting as ex officio of orphans' court,
3$7,200.

4(6) The prothonotary, $8,400.

5(7) The recorder of deeds, $8,400.

6(8) The register of wills, $7,200.

7(b) Holding two or more offices.--If an officer under
8subsection (a) holds two or more offices under subsection (a),
9the officer shall receive the highest salary fixed for any of
10the offices and the additional salary of $750.

11(c) Other county officers.--Except as provided in subsection 
12(d), the annual salaries of the following county officers of 
13counties of the sixth class shall be as follows:

14(1) The sheriff, $8,400.

15(2) A county commissioner, $9,350.

16(3) The district attorney, $9,450.

17(4) A jury commissioner shall receive $15 for each day
18necessarily employed in the discharge of the jury
19commissioner's duties. The compensation shall be paid from
20the county treasury in the same manner as the salary or
21compensation of other county officers and employees.

22(5) A county auditor shall receive $20 per six hours of
23work in the discharge of the auditor's duties, together with
2410¢ per mile for travel from and to the auditor's home once
25per day when employed as an auditor.

26(6) The fees to be received by the coroner of each
27county of the sixth class shall be as follows:

28(i) viewing a dead body, $18;

29(ii) summoning and qualifying inquest, drawing and
30returning an inquisition, $9.50;

1(iii) summoning and qualifying a witness, $3, to be
2paid out of the goods, chattels, lands or tenements of
3the slayer in a case of murder or manslaughter; and

4(iv) executing process or a writ, the same fees as
5allowed to the sheriff and the same mileage.

6In a case of murder or manslaughter, a fee under this 
7paragraph shall be paid out of the goods, chattels, lands or
8tenements of the slayer, if the slayer has goods, chattels,
9lands or tenements. If not, the county shall bear the cost of
10the fee together with mileage at the rate of 10¢ per mile
11traveled to and from the court house and the place of viewing
12the body.

13(d) Reduction.--If the powers and duties of an office
14subject to this section are transferred under 42 Pa.C.S. §
151905.1 (relating to county-level prothonotaries, clerks of the
16court, clerks of the orphans' court division and selected
17deputies), the county commissioners may reduce the salary for
18the office to an amount they deem appropriate.

19§ 1145. Counties of the seventh class.

20(a) County officers.--Except as provided in subsection (b),
21the annual salaries of the following county officers of counties
22of the seventh class shall be as follows:

23(1) The sheriff, $6,240.

24(2) The district attorney, $6,500.

25(3) The annual salary of a county commissioner shall be
26$6,000.

27(4) A jury commissioner shall receive $15 for each day
28necessarily employed in the discharge of the commissioner's
29duties. The compensation shall be paid from the county
30treasury in the same manner as the salary or compensation of

1other county officers and employees.

2(5) A county auditor shall receive $20 per six hours of
3work in the discharge of the auditor's duties, together with
410¢ per mile for travel from and to the auditor's home once
5per day when employed as an auditor.

6(6) The prothonotary or a clerk of the several courts of
7common pleas, quarter sessions of the peace, oyer and
8terminer and orphans' courts, the register of wills and the
9recorder of deeds, shall:

10(i) keep or cause to be kept, a fair and accurate
11account of the fees received for a service performed by
12them or a person employed by them in their respective
13offices;

14(ii) on the first Monday of January of each year,
15furnish a copy of the account, upon oath or affirmation,
16to the auditor appointed by the court to settle the
17accounts of county officers;

18(iii) pay to the county treasurer for the use of the
19county, after deducting the necessary clerk hire and
20office expenses, 50% on the amount of an excess over the
21sum of $7,200 that is found by the auditor, appointed by
22the court to settle the accounts of county officers, to
23have been received by an officer in a year, provided that
24if two or more of the offices are held by one person, the
25auditor shall:

26(A) add together the fees received in the
27offices so held; and

28(B) charge the same percentage on the aggregate
29amount of fees received by the person holding more
30than one of the offices.

1When completed, a copy of the report of the auditor shall be
2presented by the auditor to the court of common pleas of the
3county and filed among the records of the court. Thereafter,
4the report shall have the force and effect of, and be subject
5to the same procedure as applies to, the report of the county
6auditors.

7(7) In a case of murder or manslaughter, a fee to be
8received by the coroner of a county of the seventh class
9shall be paid by the slayer or the slayer's estate if
10recovery is possible, otherwise the county shall bear the
11cost of the fee. The fees shall be as follows:

12(i) viewing a dead body, $18;

13(ii) summoning and qualifying inquest, drawing and
14returning an inquisition, $9.50;

15(iii) summoning and qualifying a witness, $3; and

16(iv) executing process or a writ, the same fees as
17are allowed to the sheriff and the same mileage.

18In a case of murder or manslaughter, a fee under this 
19paragraph shall be paid out of the goods, chattels, lands or
20tenements of the slayer, if the slayer has goods, chattels,
21lands or tenements. If not, the county shall bear the cost of
22the fee together with mileage at the rate of 10¢ per mile
23traveled to and from the court house and the place of viewing
24the body.

25(b) Reduction.--If the powers and duties of an office
26subject to this section are transferred under 42 Pa.C.S. §
271905.1 (relating to county-level prothonotaries, clerks of the 
28court, clerks of the orphans' court division and selected 
29deputies), the county commissioners may reduce the salary for
30the office to an amount they deem appropriate.

1§ 1146. Counties of the eighth class.

2(a) County officers.--Except as provided in subsection (b),
3the annual salaries of the following county officers of counties
4of the eighth class shall be as follows:

5(1) The sheriff, in a county having a population of less
6than 12,000, $4,080 and in a county having a population of
712,000 or more, but less than 20,000, $4,680.

8(2) A county commissioner, in a county having a
9population of less than 12,000, $3,380, and in a county
10having a population of 12,000 or more, $4,290.

11(3) The district attorney, $4,500.

12(4) A county auditor shall receive $20 per six hours of
13work in the discharge of the auditor's duties, together with
1410¢ per mile for travel from and to the auditor's home once
15per day when employed as an auditor.

16(5) A jury commissioner shall receive $15 for a day
17necessarily employed in the discharge of the commissioner's
18duties. The compensation shall be paid from the county
19treasury in the same manner as the salary or compensation of
20other county officers and employees.

21(6) The prothonotary or clerks of the several courts of
22common pleas, quarter sessions of the peace, oyer and
23terminer and orphans' courts, the register of wills and the
24recorder of deeds shall:

25(i) keep or cause to be kept a fair and accurate
26account of the fees received for services performed by
27them or a person employed by them in their respective
28offices;

29(ii) on the first Monday of January of each year,
30furnish a copy of the account, upon oath or affirmation,

1to the auditor appointed by the court to settle the
2accounts of county officers; and

3(iii) pay to the county treasurer for the use of the
4county after deducting the necessary clerk hire and
5office expenses 50% on the amount of any excess over and
6above the sum of $7,200 that is found by the auditor
7appointed by the court to settle the accounts of county
8officers, to have been received by an officer in a year,
9provided that if two or more of the offices is held by
10one person, the auditor shall add together the fees
11received in the offices held and charge the same
12percentage on the aggregate amount of fees received by
13the person holding more than one office.

14When completed, a copy of the report of the auditor shall be
15presented by him to the court of common pleas of the county
16and filed among the records of the court. The report shall
17thereafter have the force and effect of, and be subject to
18the same procedure as applies to, the report of the county
19auditors.

20(7) In a case of murder or manslaughter, a fee to be
21received by the coroner of a county of the eighth class shall
22be paid by the slayer or the slayer's estate if recovery is
23possible, otherwise and in all other cases by the county. The
24fees shall be as follows:

25(i) viewing a dead body, $18;

26(ii) summoning and qualifying inquest, drawing and
27returning all inquisitions, $9.50;

28(iii) summoning and qualifying each witness, $3; and

29(iv) executing process or a writ, the same fees as
30are allowed to the sheriff and the same mileage.

1In a case of murder or manslaughter, a fee under this
2paragraph shall be paid out of the goods, chattels, lands or
3tenements of the slayer, if the slayer has goods, chattels,
4lands or tenements. If not, the county shall bear the cost of
5the fee together with mileage at the rate of 10¢ per mile
6traveled to and from the court house and the place of viewing
7the body.

8(b) Reduction.--If the powers and duties of an office
9subject to this section are transferred under 42 Pa.C.S. §
101905.1 (relating to county-level prothonotaries, clerks of the
11court, clerks of the orphans' court division and selected
12deputies), the county commissioners may reduce the salary for
13the office to an amount they deem appropriate.

14§ 1147. Counties of the second class.

15(a) County officers.--Except as provided in subsection (d),
16the minimum annual salaries of the elected officers of counties
17of the second class set forth in section 401 of the act of July
1828, 1953 (P.L.723, No.230), known as the Second Class County
19Code, shall be as follows:

20(1) County commissioner, chairman, $41,540.

21(2) County commissioners, other than chairman, $39,295.

22(3) Controller, $36,181.

23(4) Treasurer, $36,181.

24(5) Coroner, $30,000.

25(6) Recorder of Deeds, $33,681.

26(7) Prothonotary, $33,681.

27(8) Clerk of Courts, $33,681.

28(9) Register of Wills, $34,804.

29(10) Sheriff, $30,000.

30(11) Jury Commissioner, $25,700.

1(b) Authority of county commissioners.--From and after the
2effective date of this section, the county commissioners of
3counties of the second class may fix the salary of the county
4officers governed by the provisions of subsection (a).

5(c) Prohibition.--Except as provided in subsection (d), the 
6county commissioners of counties of the second class may not 
7reduce the salary of a county officer below the amount set forth 
8in subsection (a).

9(d) Reduction.--If the powers and duties of an office
10subject to this section are transferred under 42 Pa.C.S. §
111905.1 (relating to county-level prothonotaries, clerks of the
12court, clerks of the orphans' court division and selected
13deputies), the county commissioners may reduce the salary for
14the office to an amount they deem appropriate.

15§ 1148. Recorder of deeds.

16(a) General rule.--Except as provided in subsection (e), the
17annual salary of a recorder of deeds shall be as follows:

18(1) In a county of the second class, $30,000.

19(2) In a county of the second class A, $26,500.

20(3) In a county of the third class, $23,500.

21(4) In a county of the fourth class, $21,500.

22(5) In a county of the fifth class, $19,000.

23(6) In a county of the sixth class, $17,000.

24(7) In a county of the seventh class, $15,500.

25(8) In a county of the eighth class, $14,000.

26(b) Duties.--The recorder of deeds shall:

27(1) perform the duties required by law;

28(2) be the collection agent for the realty transfer tax
29of this Commonwealth, including an amount payable upon a
30redetermination of the amount of tax due; and

1(3) comply with the laws relating to the realty transfer
2tax of this Commonwealth and the rules and regulations of the
3Secretary of Revenue.

4In order to ascertain the amount of taxes due when the property
5is located in more than one county, the recorder of deeds may
6not accept for recording the deed unless it is accompanied by an
7affidavit showing what taxes are due each county.

8(c) Local realty transfer tax.--The recorder of deeds shall
9be the collection agent for a political subdivision levying a
10local realty transfer tax, including an amount payable upon a
11redetermination of the amount of tax due, without compensation
12from the political subdivision. In order to ascertain the amount
13of taxes due when the property is located in more than one
14political subdivision, the recorder of deeds may not accept for
15recording the deed unless it is accompanied by an affidavit
16showing what taxes are due each municipality. On or before the
1710th of each month, the recorder of deeds shall pay over to the
18appropriate political subdivision the local realty transfer
19taxes collected, less 2% for use of the county, together with a
20report containing the information as is required by the
21Commonwealth in reporting collections of the realty transfer tax
22of this Commonwealth. The recorder of deeds shall pay the 2%
23withheld to the county. The county shall obtain and pay the
24premium or premiums on a bond necessary to cover the performance
25of the recorder of deeds' duties under this subsection.

26(d) Redetermination.--Upon a redetermination of the amount
27of realty transfer tax due, the deed shall be rerecorded or the
28additional realty transfer tax form shall be recorded at the
29option of the recorder of deeds but the recorder of deeds shall
30rerecord the deed or record the additional realty transfer tax

1form only when both State and local amounts payable and a fee to
2cover the costs of rerecording or recording have been tendered.

3(e) Reduction.--If the powers and duties of a recorder of
4deeds office are transferred under 42 Pa.C.S. § 1905.1 (relating
5to county-level prothonotaries, clerks of the court, clerks of
6the orphans' court division and selected deputies), the county
7commissioners may reduce the salary for the office to an amount
8they deem appropriate.

9§ 1149. Register of wills.

10(a) General rule.--Except as provided in subsection (c), the
11annual salary of a register of wills shall be as follows:

12(1) In a county of the second class, $30,000.

13(2) In a county of the second class A, $26,500.

14(3) In a county of the third class, $23,500.

15(4) In a county of the fourth class, $21,500.

16(5) In a county of the fifth class, $19,000.

17(6) In a county of the sixth class, $17,000.

18(7) In a county of the seventh class, $15,500.

19(8) In a county of the eighth class, $14,000.

20(b) Duties.--The registers of wills shall:

21(1) Perform the duties required by law.

22(2) Be the agent of the Commonwealth for the collection
23of both the transfer inheritance and estate taxes of this
24Commonwealth in the case of a resident decedent under the
25supervision of the Secretary of Revenue and under the rules
26and regulations of the Secretary of Revenue.

27(c) Reduction.--If the powers and duties of a register of
28wills office are transferred under 42 Pa.C.S. § 1905.1 (relating
29to county-level prothonotaries, clerks of the court, clerks of
30the orphans' court division and selected deputies), the county

1commissioners may reduce the salary for the office to an amount
2they deem appropriate.

3§ 1150. Court personnel and salaries.

4(a) General rule.--Except as provided in subsection (b), the
5annual salary of a prothonotary, clerk of the criminal court
6division of the courts of common pleas and clerk of the orphans'
7court division of the courts of common pleas shall be as
8follows:

9(1) In a county of the second class, $30,000.

10(2) In a county of the second class A, $26,500.

11(3) In a county of the third class, $23,500.

12(4) In a county of the fourth class, $21,500.

13(5) In a county of the fifth class, $19,000.

14(6) In a county of the sixth class, $17,000.

15(7) In a county of the seventh class, $15,500.

16(8) In a county of the eighth class, $14,000.

17(b) Reduction.--If the powers and duties of an office
18subject to this section are transferred under 42 Pa.C.S. §
191905.1 (relating to county-level prothonotaries, clerks of the 
20court, clerks of the orphans' court division and selected 
21deputies), the county commissioners may reduce the salary for
22the office to an amount they deem appropriate.

23§ 1151. Power of the county commissioners to fix salaries of
24county officers.

25(a) Authority of commissioners.--After the effective date of
26this section, the county commissioners may fix the salary of the
27county officers governed by the provisions of sections 1148
28(relating to recorder of deeds), 1149 (relating to register of
29wills), 1150 (relating to court personnel and salaries) and 1152
30(relating to multiple officeholders and salaries).

1(b) Manner of fixing salary.--A salary for the county
2officers governed by the provisions of sections 1148, 1149, 1150
3and 1152 shall be fixed by the county commissioners in the
4following manner:

5(1) The county commissioners shall cause notice of
6intention to fix salaries at a special public meeting on a
7date certain to be published in a newspaper of general
8circulation at least ten days in advance of the special
9public meeting.

10(2) The special public meeting shall be held during the
11hours of 6 p.m. and 9 p.m., prevailing time, so as to afford
12the public the greatest opportunity to attend.

13(3) The special public meeting shall be held in a
14centrally located area of the county.

15(c) Limitation.--Except as provided in subsection (f), the
16county commissioners may not reduce the salary of a county
17officer below the amount set forth in sections 1148, 1149, 1150
18and 1152.

19(d) Prohibition.--A new salary schedule may not be adopted
20in a calendar year in which the county commissioners are to be
21elected.

22(e) Increase.--A salary increase shall be on a percentage
23basis and applied equally to all county officials except that
24the county commissioners may provide a greater percentage salary
25increase to the lowest paid county official, other than the jury
26commissioners or county auditor, until the salary is equal to
27the other county officials except the jury commissioners, county
28auditors, district attorneys and county commissioners.

29(f) Reduction.--If the powers and duties of an office
30subject to this section are transferred under 42 Pa.C.S. §

11905.1 (relating to county-level prothonotaries, clerks of the
2court, clerks of the orphans' court division and selected
3deputies), the county commissioners may reduce the salary for
4the office to an amount they deem appropriate.

5§ 1152. Multiple officeholders and salaries.

6(a) General rule.--Except as provided in subsection (b),
7where an officer mentioned under section 1148 (relating to
8recorder of deeds), 1149 (relating to register of wills) or 1150
9(relating to court personnel and salaries) holds two or more of
10the offices for which a salary is fixed under section 1148, 1149
11or 1150, the officer shall receive the highest salary fixed for
12an office that the officer holds, plus an additional amount of
13$2,000 per year. The periodic salary increases provided for in
14section 1151 (relating to power of the county commissioners to
15fix salaries of county officers) shall be applicable to this
16section.

17(b) Reduction.--If the powers and duties of an office
18subject to this section are transferred under 42 Pa.C.S. §
191905.1 (relating to county-level prothonotaries, clerks of the
20court, clerks of the orphans' court division and selected
21deputies), the county commissioners may reduce the salary for
22the office to an amount they deem appropriate.

23§ 1153. Salary of controller, recorder of deeds and clerk of
24courts in counties of third class.

25(a) General rule.--Except as provided in subsection (b), the
26salary, in a county of the third class, of the county
27controller, the recorder of deeds and the clerk of courts shall
28be $5,000 per year.

29(b) Reduction.--If the powers and duties of an office
30subject to this section are transferred under 42 Pa.C.S. §

11905.1 (relating to county-level prothonotaries, clerks of the
2court, clerks of the orphans' court division and selected
3deputies), the county commissioners may reduce the salary for
4the office to an amount they deem appropriate.

5SUBCHAPTER D

6FEES

7Sec.

81161. Orphans' Court in fifth through eighth class counties.

91162. Orphans' Court in second through eighth class counties.

101163. Additional fee for initiation in second class counties.

111164. Prothonotaries and civil judicial records offices in
12second class counties.

131165. Establishment and modification of fees in second class
14counties.

151166. Additional fee for initiation in second class counties.

161167. Payment required.

171168. County Records Improvement Fund.

181169. Clerk of courts or director of criminal judicial records
19fee.

20§ 1161. Orphans' Court in fifth through eighth class counties.

21In counties of the fifth, sixth, seventh and eighth class,
22the clerk of the Orphans' Court or the director of the Orphans'
23Court division judicial records office shall charge the
24following fees:

25(1) Accounts:

26(i) Filing.

27(ii) Recording.

28(iii) Setting up printed copies of advertisement of
29accounts of trustees and guardians, including certificate
30of the clerk or director:

1(A) First page, $23.

2(B) Each additional page, $2.

3(C) Release attached to account:

4(I) Recording per name, $2.

5(II) Each additional page, $2.

6(2) Adjudications, omitting opinion and discussion:

7(i) Recording, with recording certificate and
8filing, $6.

9(ii) First page of distribution, $6.

10(iii) Each additional page, $2.

11(iv) Copy of adjudication, exclusive of advertising,
12$2 per page.

13(3) All adoption proceedings, $18.

14(4) All voluntary relinquishment proceedings, $12.50.

15(5) Allowance for minor, etc., and petition and order,
16$7.50.

17(6) Appeal to an appellate court certificate of record
18and bond, $30.

19(7) Attachment, petition and writ, $6.

20(8) Certificate of guardian or trustee appointment:

21(i) First name, $2.

22(ii) Each additional name, 50¢.

23(9) Citation, including proof of service, $5.

24(10) Commissions on money paid into court, 5% per year.

25(11) Commitment, $2.

26(12) Copy of issuing decree, excluding certificate, $3
27per page.

28(13) Discharge of trustee and appointment of substitute
29trustee, $6.

30(14) Filing election to take under or against will,

1$6.50.

2(15) Issuing exemplification of record:

3(i) First page, $10.

4(ii) Each additional page, $2.

5(16) Extinguishing charge on lend, including certified
6copy of final decree, $10.

7(17) Family settlement, $12.50.

8(18) Release, $2 per name.

9(19) Satisfaction of award, $2.

10(20) Guardian:

11(i) Filing petition and appointment, $10.

12(ii) Filing and approval of bond, $4.

13(21) Marriage:

14(i) License, including State tax, $5.

15(ii) Consent, 50¢.

16(22) Order to pay, including filing petition for order
17and order, $6.50.

18(23) Partition proceedings:

19(i) One purpart, $30.

20(ii) Each additional purpart, $4.

21(24) Real estate or mortgage proceeding for distribution
22of payment of debts:

23(i) One purpart, $10.

24(ii) Each additional purpart, $2.

25(25) Specific performance of contract for sale of real
26estate:

27(i) Petition and order, $10.

28(ii) Seal of court, $1.

29(iii) Subpoena, $2.

30(26) Appraisement:

1(i) Personal property:

2(A) Filing petition, copying and appointment of
3appraisers, $6.50.

4(B) Filing proof of publication and
5confirmation, $6.50.

6(ii) Real property:

7(A) Filing petition, copying and appointment of
8appraisers, $6.50.

9(B) Filing proof of publication and
10confirmation, $6.

11(iii) Exemption of spouse or child:

12(A) Personal property:

13(I) Claim.

14(II) Appraisement.

15(III) Proof of publication.

16(IV) Confirmation, $5.

17(B) Real property.

18(I) Claim.

19(II) Appraisement.

20(III) Proof of publication.

21(IV) Confirmation:

22(a) For one purpart, $5.

23(b) For each additional purpart, $2.

24(iv) Petition for appointment of appraisers, $2.

25(v) Filing appraisement, proof of publication and
26confirmation, when there is no administration or probate:

27(A) Personal estate, $6.50.

28(B) Real estate:

29(I) For one purpart, $6.50.

30(II) For each additional purpart, $2.

1(27) Similar services not listed in this section, a fee
2on the basis set forth in this section.

3§ 1162. Orphans' Court in second through eighth class counties.

4In counties of the second, second A, third, fourth, fifth,
5sixth, seventh and eighth class beginning August 31, 1981, the
6clerk of the Orphans' Court or the director of the Orphans'
7Court division judicial records office may establish, modify or
8eliminate fees and charges with the approval of the president
9judge.

10§ 1163. Additional fee for initiation in second class counties.

11In a county of the second class, the clerk of the Orphans'
12Court or the director of the Orphans' Court division judicial
13records office may charge and collect a fee in addition to the
14fee under section 1162 (relating to Orphans' Court in second
15through eighth class counties) for the initiation of an action
16or proceeding. The additional fee shall be deposited into a
17special computer fund established in the county. Money in the
18fund shall be used by the clerk of the Orphans' Court, with the
19approval of the president judge or director of the Orphans'
20Court division judicial records office, solely for the purposes
21of computerization and document reproduction in the office of
22the clerk.

23§ 1164. Prothonotaries and civil judicial records offices in
24second class counties.

25(a) Schedule.--In a county of the second class, the
26prothonotary or director of the civil judicial records office of
27the court of common pleas shall charge the following fees:

28(1) Filing and docketing of a report or an account, $11.

29(2) Appeals:

30(i) Filing appeal to a court of Statewide

1jurisdiction, $50.

2(ii) Filing any other appeal, $35.

3(3) Bonds, in surety or cash, approved by court or
4prothonotary or the director of the civil judicial records
5office, $10.

6(4) Certifications:

7(i) Certification of certificate:

8(A) For single page, $8.

9(B) For each additional page, $2.

10(ii) Exemplification:

11(A) For single page, $20.

12(B) For each additional page

132.

14(iii) Certification of notarial certificate, $15.

15(iv) Certified copy of divorce decree, $10.

16(v) Additional copy, $5.

17(5) Commencement of action or proceeding, other than a
18complaint in confession of judgment and commencement of a
19Commonwealth tax lien, $45. The fee under this paragraph is a
20composite fee which:

21(i) includes the filing of all plaintiff's
22pleadings, discovery or any other paper not otherwise
23provided for in this section, section 1165 (relating to
24establishment and modification of fees in second class
25counties) or section 1166 (relating to additional fee for
26initiation in second class counties); and

27(ii) excludes:

28(A) trial and trial listing;

29(B) judgment execution, attachment and revival;
30and

1(C) postjudgment paper.

2(6) Acknowledgment of sheriff's or treasurer's deed, $5.

3(7) Defendant's filings:

4(i) The filing, on behalf of a defendant or
5additional defendant, of the first pleading or other
6paper not otherwise provided for in this section, section
71165 or 1166, $15. The fee under this subparagraph is a
8composite fee which:

9(A) includes the filing of all defendant's
10pleadings, discovery or any other paper not otherwise
11provided for in this section, section 1165 or 1166;
12and

13(B) excludes:

14(I) trial and trial listing;

15(II) judgment execution, attachment and
16revival; and

17(III) postjudgment paper.

18(ii) Filings of separate initial pleadings by
19multiple defendants require a separate fee.

20(8) Eminent domain:

21(i) Commencement of action by declaration of taking
22or petition for appointment of board of viewers, $35.

23(ii) Initial fee for each premises, parcel or plot,
24$1.

25(9) Fictitious individual and corporate names:

26(i) Filing application for registration of an
27individual fictitious name, $41.50.

28(ii) Filing application for registration of a
29fictitious corporate name, $51.50.

30(iii) Subsequent filing under subparagraph (i) or

1(ii), including cancellation, $7.50.

2(10) Funds on deposit.

3(i) Receiving.

4(ii) Distributing money paid into court.

5(A) 4% of each dollar under $501; and

6(B) 1% for each dollar exceeding $500.

7(11) Joinder, each additional defendant, except initial
8action with appearance, $20.

9(12) Judgment:

10(i) Entry in action commenced in the county, $15.

11(ii) Entry in action from another jurisdiction, $25.

12(iii) Entry by agreement, $20.

13(iv) Judgment by confession, $25.

14(v) Complaint in confession of judgment, $25.

15(vi) Assignment of judgment, $15.

16(13) Liens:

17(i) Filing Federal tax lien, mechanic's lien or
18lien not covered under this section, section 1165 or
191166, $10. This subparagraph includes a waiver, a "to the
20use of lien" and all indexing.

21(ii) Commencement of Commonwealth tax lien, $10.
22This subparagraph:

23(A) includes a complaint to use claims, a writ
24of scire facias, all pleadings, a default judgment, a
25filing of a paper and indexing; and

26(B) excludes revival.

27(14) Registration of notary public signature, $5.

28(15) Interlocutory papers: filing interlocutory paper
29not included in a composite fee, $3.

30(16) Filing interlocutory petition or motion not

1included in a composite fee, $10.

2(17) Filing power of attorney, including all services
3and revocation, $20.

4(18) Statutory filing partnership agreement or
5association, including subsequent papers and termination,
6$30.

7(19) Filing release of lien, $7.50.

8(20) Filing writ of revival, petition, pleading and all
9papers, $25.

10(21) Searches:

11(i) Certified judgment or lien search for each
12period of five years or less, $20 per property.

13(ii) Certified locality search for each period of
14five years or less, $20 per property.

15(iii) Fictitious and fictitious corporate name
16searches:

17(A) Certified search covering period beginning
18January 1, 1953, and ending on date of search, from
19the fictitious name or fictitious corporate name
20index, $20.

21(B) Certified search covering a given five-year
22period or fraction of that period, $10.

23(22) Subpoenas:

24(i) Issuing a subpoena form, $2.

25(ii) Producing a record in response to a subpoena
26based on four-hour service, $20.

27(iii) Service beyond four hours or fraction of four
28hours, $15.

29(iv) For each mile traveled round trip for service
30out of county, 17¢.

1(23) Suggestion of nonpayment, including averments, $20.

2(24) Filing satisfaction, discontinuance or termination
3type paper, $5.

4(25) Trial and trial listings:

5(i) Jury fee when case is placed at issue or appeal
6from arbitration demanding jury trial, $50.

7(ii) Compulsory arbitration listing, $15.

8(iii) Order for continuance, $15.

9(iv) Certificate of readiness, $15.

10(26) Issuing writ of execution or attachment, including
11indexing, $20.

12(b) Refunds.--If there is an overpayment of a fee, there
13shall be no refund of an amount less than $5.

14§ 1165. Establishment and modification of fees in second class
15counties.

16In counties of the second class, after April 7, 1982, the
17prothonotary or director of civil judicial records office may
18establish, modify or eliminate fees and charges with the
19approval of the president judge.

20§ 1166. Additional fee for initiation in second class counties.

21In addition to the fee under section 1164 (relating to
22prothonotaries and civil judicial records offices in second
23class counties) or 1165 (relating to establishment and
24modification of fees in second class counties), a fee may be
25charged and collected by the prothonotary or director of the
26civil judicial records office of the court of common pleas of a
27county of the second class for the initiation of an action or
28proceeding. The additional fee shall be deposited into a special
29fund in the county to be used by the prothonotary or director of
30the civil judicial records office solely for the purpose of

1computerizing the office of the prothonotary or civil judicial
2records office.

3§ 1167. Payment required.

4The prothonotary or director of the civil judicial records
5office shall receive a paper or perform a service until the
6proper fee is paid.

7§ 1168. County Records Improvement Fund.

8(a) Establishment.--There is established a County Records
9Improvement Fund in counties of the second class A, third,
10fourth, fifth, sixth, seventh and eighth classes and home rule
11charter counties of these classes.

12(b) Sources.--In addition to the fee charged by a recorder
13of deeds or by an equivalent officer in a home rule charter
14county, a fee in the amount of $5 shall be charged and collected
15for each document recorded. The fee shall be distributed in the
16following manner:

17(1) The amount of $3 shall be retained in a separate
18fund within the office of the recorder of deeds to be used,
19in accordance with regular county budgeting, contracting and
20procurement practices, to support development and improvement
21of office records management activities and systems in the
22office of the recorder of deeds or in its equivalent in a
23home rule charter county. Money in the separate fund shall
24not be used to substitute allocations of general revenues for
25the operation of the recorder's office without the express
26consent of the recorder. The separate fund shall be audited
27by the appropriate auditing agency, and any unexpended
28balance, together with interest earned on the separate fund,
29shall be left in the separate fund to accumulate from year to
30year. At the close of the fiscal year four years after March

130, 1998, and every four years thereafter, unencumbered money
2remaining in the separate fund shall be transferred to the
3County Records Improvement Fund.

4(2) The amount of $2 shall be deposited in the County
5Records Improvement Fund for use as prescribed in subsection
6(c).

7(c) Expenditure.--Funds deposited in the County Records
8Improvement Fund shall be expended in accordance with a
9comprehensive records management plan based on the goal of
10standardizing and equalizing the capabilities of all county
11offices consistent with their need to receive, manage and
12provide information to the public as efficiently as possible.
13The plan shall be developed and administered in the following
14manner:

15(1) Each county shall establish a County Records
16Improvement Committee made up of the county commissioners,
17the sheriff, the prothonotary, the clerk of court, the
18register of wills, the director of any established judicial
19records offices and the treasurer, or equivalent offices in a
20home rule charter county. The committee shall assess the
21relative records management capabilities and records
22management needs of each office and develop recommendations
23to the county commissioners for a comprehensive records
24management plan consistent with the goal established in this
25subsection.

26(2) The county commissioners or their equivalent in a
27home rule charter county shall adopt and provide for
28administration of a comprehensive records management plan
29that is based on the recommendations of the committee and is
30consistent with the goal established in this subsection. The

1plan may be amended from time to time in consultation with
2the committee.

3(3) The County Records Improvement Fund shall be
4expended and administered consistent with regular county
5budgeting, contracting and procurement practices and
6administrative procedures. The County Records Improvement
7Fund shall be audited by the appropriate auditing agency and
8any unexpended balance, together with interest earned on the
9County Records Improvement Fund, shall be left in the County
10Records Improvement Fund to accumulate from year to year.

11§ 1169. Clerk of courts or director of criminal judicial
12records fee.

13In counties of the second through eighth class, the fees to
14be charged and collected by the clerks of courts, the director
15of criminal judicial records office or the equivalent officer in
16a home rule county shall be as follows:

17(1) A fee of not less than $35 nor more than $100 for
18all proceedings in a misdemeanor or felony case disposed of
19during or after trial.

20(2) A fee of not less than $20 nor more than $75 for
21each proceeding in a misdemeanor or felony case disposed of
22before trial.

23(3) The fees referred to in paragraphs (1) and (2):

24(i) shall be set annually by the clerk of courts or
25the director of the criminal judicial records office by
26January 1; and

27(ii) when added to other fees charged, must bear a
28reasonable relationship to the amount necessary to
29maintain and operate the office of clerk of courts or the
30criminal judicial records office.

1(4) A fee of $15 for each proceeding in a summary
2matter.

3(5) A fee of $5 for each certification.

4(6) A fee of $10 for any other matters filed in the
5office and for each report prepared by the clerk or director.
6No fee shall be charged under this paragraph for filing:

7(i) a township or borough audit report; or

8(ii) a transcript received which indicates a final
9disposition by the magisterial district judge.

10(7) A fee of $25 for the filing of an appeal from a 
11summary conviction before a magisterial district judge.

12(8) A fee of $30 for an appeal from the court of common
13pleas.

14(9) A fee of 3¢ per dollar for the first $1,000 and 1¢
15per dollar for each additional $1,000 or fraction thereof for
16the handling of money paid into court.

17SUBCHAPTER E

18PROTHONOTARY OR DIRECTOR FEES

19Sec.

201171. Construction of terms.

211172. Fees in counties of the second class A, third class, 
22fourth class, fifth class, sixth class, seventh class 
23and eighth class, and in home rule counties.

241173. Increasing existing fees.

251174. Automation fee for prothonotary's office or civil
26judicial records office or consolidated judicial
27records office.

281175. Similar service, payment in advance and tax.

29§ 1171. Construction of terms.

30The following apply to this chapter:

1(1) Filing includes docketing, entering and indexing.

2(2) A counterclaim is not to be considered as a
3commencement of a new action.

4(3) Procedures involved in joinder of additional
5defendants shall be considered as part of the original action
6and not subject to separate charge.

7(4) Garnishment proceedings shall not be considered as
8commencement of a new action but shall be considered part of
9execution.

10(5) Proceedings on any lien other than revival shall be
11interpreted as commencement of new action.

12(6) Certification of a paper or giving of a memorandum
13of filing may be included in the services enumerated and
14rendered under this subchapter.

15(7) Any action or proceeding to strike off or open a
16judgment shall be considered as commencement of an action.

17§ 1172. Fees in counties of the second class A, third class, 
18fourth class, fifth class, sixth class, seventh class 
19and eighth class, and in home rule counties.

20In counties of the second class A, third class, fourth class,
21fifth class, sixth class, seventh class and eighth class, and in
22home rule counties, the following are the fees to be received by
23the prothonotary or the director of the civil judicial records
24office of the court of common pleas:

25(1) Appeal from court of common pleas, $30.

26(2) Acknowledgment from sheriff, treasurer or tax claim
27bureau deed, $5.

28(3) Filing assignment, $5.

29(4) Filing of building agreement, waiver or stipulation,
30$10.

1(5) Certifications and exemplifications:

2(i) Except as set forth in subparagraph (ii),
3certification of a copy of a paper:

4(A) First page, $3.

5(B) Each additional page, $1.

6(ii) Certification of notary public or magisterial
7district judge or a similar certification, $2.

8(iii) Exemplification of record, $10.

9(6) Commencement of action:

10(i) A fee of not less than $15 nor more than $50:

11(A) shall be fixed annually by the prothonotary
12or the director of the civil judicial records office
13of the court of common pleas by January 1; and

14(B) when added to all other fees charged, must
15bear a reasonable relationship to the amount
16necessary to maintain and operate the office of the
17prothonotary or civil judicial records office.

18(ii) After an action has been commenced, no other
19fees shall be payable except as set forth in this
20subchapter.

21(iii) In a divorce action, an additional fee not to
22exceed $15 may be charged for each count in the complaint
23in excess of the count requesting the divorce.

24(7) Filing of praecipe for writ of execution, including
25attachment and possession and any other method of execution
26not provided for in this chapter and including incident
27services, $15.

28(8) Entry of final judgment or decree by any manner,
29including all services, $9.

30(9) Filing of lien, including certified copy, $9.

1(10) Notary public: Registration of signature of notary
2public, $2.

3(11) Poundage:

4(i) For the handling of money paid into court for
5each dollar of the first $1,000, 3¢.

6(ii) For each dollar of each additional $1,000 or
7fraction of $1,000, 1¢.

8(12) Revivals: For each entry of judgment:

9(i) Continuing a lien not reduced to judgment, $9.

10(ii) Reviving the lien of a judgment by an amicable
11proceeding, $9.

12(iii) Reviving the lien of a judgment by an adverse
13proceeding, $15.

14(13) For each subpoena, $2.

15(14) For a search of a record or index, including
16certification:

17(i) Five years, $5.

18(ii) Each reference, $1.

19(15) For the entrance of a satisfaction, release,
20postponement, assignment or subordination of each encumbrance
21or lien by power of attorney or otherwise, or for the
22entrance of a settlement, discontinued ending or termination
23of a civil action at law or in equity, $5.

24(16) If an arbitration proceeding is processed by the
25prothonotary or the director of the civil judicial records
26office, $15.

27§ 1173. Increasing existing fees.

28(a) General rule.--In a county of the second class A, third
29class, fourth class, fifth class, sixth class, seventh class and
30eight class, including a home rule county of the same class, the

1prothonotary or the director of the civil judicial records
2office may increase a fee or charge that exists on the effective
3date of this section with the approval of the president judge.
4The amount of an increase may not be greater than the aggregate
5of the Consumer Price Index from the month in which the fee was
6last established through June 1998.

7(b) Periodic adjustment.--The amount of a fee or charge
8increased under subsection (a) may be increased every three
9years, except that the amount of the increase may not be greater
10than the percentage of increase in the Consumer Price Index for
11Urban Workers for the immediate three years preceding the last
12increase in the fee or charge.

13§ 1174. Automation fee for prothonotary's office or civil
14judicial records office or consolidated judicial
15records office.

16(a) Imposition.--In addition to any other fee authorized by
17law, an automation fee of not more than $5 may be charged and
18collected by the prothonotary or the director of the civil
19judicial records office of a county of the second class A, third
20class, fourth class, fifth class, sixth class, seventh class and
21eighth class, including a home rule county of the same class,
22for the initiation of an action or legal proceeding.

23(b) Deposit.--The automation fee under subsection (a) shall
24be deposited into a special prothonotary or director of the
25civil judicial records office automation fund established in
26each county. Money in the special fund shall be used solely for
27the purpose of automation and continued automation update of the
28office of the prothonotary or the civil judicial records office.

29§ 1175. Similar service, payment in advance and tax.

30(a) Similar service.--A fee for a service not provided for

1under this subchapter or included in another service shall be
2the same as for similar service.

3(b) Advance payment.--The prothonotary or the director of 
4the civil judicial records office shall not be required to enter 
5on the docket a suit or action or order of court, a judgment or 
6perform a service for a person, political subdivision or the 
7Commonwealth until the requisite fee is paid.

8(c) Tax.--A fee enumerated under this subchapter shall be in
9addition to a tax levied by the Commonwealth.

10SUBCHAPTER F

11FEES FOR MUNICIPAL COURT OF PHILADELPHIA

12Sec.

131181. Fee schedule.

141182. Fees for similar service.

151183. Fees required before a service is performed.

16§ 1181. Fee schedule.

17The following fees shall be charged and collected by the
18judicial records office for matters filed in the Municipal Court
19of Philadelphia:

20(1) Appointment of special investigator, $12.50.

21(2) Appointment of special psychiatrist, $12.50.

22(3) Bail-piece, $12.50.

23(4) Bail bond entering of all types, including sign own
24bail and release on recognizance, $10.

25(5) Bail forfeitures, $12.50.

26(6) Bench warrants, $10.

27(7) Bench warrants withdrawal, $10.

28(8) Bill of particulars and discovery, $12.50.

29(9) Certified copy of record bill of information,
30$12.50.

1(10) Certified copy of disposition of criminal case,
2$12.50.

3(11) Certified copy of docket entries, $12.50.

4(12) Common pleas court motion for new trial and in
5arrest of judgment, $10.

6(13) Cost per one bill of information in each criminal
7case, $100.

8(14) Detective license application filing fee, $12.50.

9(15) Exemplification of the record, $15.

10(16) Expungements, $15.

11(17) Felony, $75.

12(18) Filing and entering appeals to Commonwealth,
13Superior or Supreme Court, $40.

14(19) Filing, docketing and certifying any petitions,
15applications or motions not provided for under this section,
16$12.50.

17(20) Funeral petitions, $12.50.

18(21) Habeas corpus, $10.

19(22) Misdemeanor, $50.

20(23) Motion to quash municipal court transcript, $12.50.

21(24) Motion to quash bills of information, $12.50.

22(25) Motion to suppress, $12.50.

23(26) Omnibus pretrial motion for relief, $15 flat rate.

24(27) Pennsylvania Liquor Control Board appeal, $12.50.

25(28) Producing a record in response to subpoena, $25.

26(29) Probation and parole matters, $12.50.

27(30) Petition for bail or bail reduction, $12.50.

28(31) Petition for change of venue, $12.50.

29(32) Recognizance, forfeited, respited and indexing any
30common pleas court, $12.50.

1(33) Return of confiscated property, $12.50.

2(34) Any proceeding under Rule #1100 or #6013, $12.50.

3(35) Reconsideration of sentence, $12.50.

4(36) Short certificate and seal, $5.

5(37) Subpoena and seal, $2.

6(38) Nontraffic related summary citation, $25.

7(39) Withdrawal of counsel, $12.50.

8§ 1182. Fees for similar service.

9The fee for a service not provided for under this subchapter
10shall be, at the discretion of the clerk or the director, the
11same as for a similar service.

12§ 1183. Fees required before a service is performed.

13The clerk or the director may not be required to perform a
14service until the requisite fee is paid.

15SUBCHAPTER G

16FEES IN SECOND CLASS A COUNTIES

17Sec.

181191. Fees charged and collected.

191192. Similar service, payment in advance and tax.

20§ 1191. Fees charged and collected.

21The fees to be charged and collected in second class A county
22by the clerk of courts or the director of the criminal judicial 
23records office, or his or her counterpart in a home rule county
24of the second class A, shall be as follows:

25(1) A fee of not less than $35 nor more than $150 for
26each proceeding in each misdemeanor and felony case disposed
27of at any time during or after trial.

28(2) A fee of not less than $20 nor more than $125 for
29each proceeding in each misdemeanor and felony case disposed
30of before trial.

1(3) The following shall apply:

2(i) Except as provided under subparagraph (ii), a
3fee referred to under paragraphs (1) and (2) shall be set
4annually by the clerk of courts or the director of the
5criminal judicial records office, or his counterpart in a
6home rule county, on or before January 1 of each year.

7(ii) Notwithstanding subparagraph (i), in calendar
8year 1986 a fee referred to under paragraphs (1) and (2)
9shall be set within 20 days and, when added to another
10fee charged, shall bear a reasonable relationship to the
11sum sufficient to maintain and operate the following:

12(A) The office of clerk of courts or the
13criminal judicial records office, or its counterpart
14in a home rule county.

15(B) The court administration's expenses
16attributed to functions required to process criminal
17actions.

18(C) A reasonable share of the cost of
19maintaining a public law library, as determined by
20the commissioners.

21(4) A fee of $15 for each proceeding in a summary
22matter.

23(5) A fee of $5 for each certification.

24(6) A fee of $10 for any other matter filed in the
25office and for each report prepared by the clerk or the
26director, or his counterpart in a home rule county, except
27that no fee shall be charged for filing township and borough
28audit reports or transcripts received which indicate a final
29disposition by the magisterial district judge.

30(7) A fee of $25 for the filing of an appeal from a

1summary conviction before a magisterial district judge.

2(8) A fee of $30 for an appeal from the court of common
3pleas to an appellate court.

4(9) A fee of 3¢ per dollar for the first $1,000 and 1¢
5per dollar for each additional $1,000, or fraction of $1,000,
6for the handling of money paid into court.

7§ 1192. Similar service, payment in advance and tax.

8(a) Similar service.--A fee for a service not provided for
9under this subchapter or included in another service shall be
10the same as for similar service.

11(b) Advance payment.--The prothonotary or the director of 
12the civil judicial records office shall not be required to enter 
13on the docket a suit or action or order of court, a judgment or 
14perform a service for a person, political subdivision or the 
15Commonwealth until the requisite fee is paid.

16(c) Tax.--A fee enumerated under this subchapter shall be in
17addition to a tax levied by the Commonwealth.

18SUBCHAPTER H

19REIMBURSEMENT

20Sec.

211201. County court reimbursement.

22§ 1201. County court reimbursement.

23Calculation and payment of a county court reimbursement shall
24be as follows:

25(1) Reimbursement to counties for costs incurred in the
26administration and operation of courts of common pleas shall
27be calculated and paid as follows:

28(i) For each common pleas court judge, filled or
29vacant, the calculation shall be based on $70,000 per
30authorized position.

1(ii) The calculated amounts in judicial districts
2comprising more than one county shall be $70,000 per
3authorized position. The amount allocated to each county
4shall be determined by the proportion of the county's
5population in relation to the population of the entire
6judicial district.

7(iii) A county may not be reimbursed for costs above
8the actual direct costs, excluding capital outlays,
9incurred to operate the courts of common pleas.

10(iv) A county's calculated grant may not be less
11than 77.5% of the actual reimbursement for court costs
12appropriated in fiscal year 1980-1981.

13(v) Reimbursement shall be made to the county
14treasurer and, in cities of the first class coterminous
15with counties of the first class, to the city treasurer.

16(2) The Court Administrator of Pennsylvania shall 
17calculate an amount estimated to be sufficient to pay for the 
18salary and benefits costs of personnel who are members of the 
19State judicial personnel system under 42 Pa.C.S. § 1905.1 
20(relating to county-level prothonotaries, clerks of the 
21court, clerks of the orphans' court division and selected 
22deputies). The amount shall be deducted from the 
23appropriation for county court reimbursements and used to 
24fund the costs as provided under 42 Pa.C.S. § 2805(b) 
25(relating to funding of judicial records offices).

26(3) Each county's grant calculated under paragraph (1)
27shall be proportionally reduced by the amount calculated by
28the Court Administrator of Pennsylvania under paragraph (2)
29so that the total grant payments do not exceed the net amount
30available.

1(4) The appropriation made under this section shall be a
2continuing appropriation and shall not lapse at the end of
3the fiscal year. If a surplus resulting from the
4overestimation of salary and benefits costs under paragraph
5(2) occurs, the Court Administrator of Pennsylvania may make
6an additional distribution of the surplus funds to be
7calculated and paid as provided under paragraphs (1) and (3).

8Section 2. The definitions of "administrative staff" and
9"system and related personnel" in section 102 of Title 42 are
10amended and the section is amended by adding definitions to
11read:

12§ 102. Definitions.

13Subject to additional definitions contained in subsequent
14provisions of this title which are applicable to specific
15provisions of this title, the following words and phrases when
16used in this title shall have, unless the context clearly
17indicates otherwise, the meanings given to them in this section:

18* * *

19"Administrative staff." All individuals employed in the
20business of a court, including the personnel of the office of
21the clerk of the court of common pleas or the judicial records 
22office, but the term does not include judicial officers or their
23personal staff. The term includes the clerks or prothonotaries
24of the Supreme Court, the Superior Court and the Commonwealth
25Court and their staffs.

26* * *

27"Civil judicial records office." The office having the
28powers and duties under Ch. 28 Subch. B (relating to civil
29judicial records office).

30* * *

1"Criminal judicial records office." The office having the
2powers and duties under Ch. 28 Subch. C (relating to criminal
3judicial records office).

4* * *

5"Director of the civil judicial records office." The officer
6selected by the president judge of a judicial district to
7exercise the powers and perform the duties under Ch. 28 Subch.
8B.

9"Director of the criminal judicial records office." The
10officer selected by the president judge of a judicial district
11to exercise the powers and perform the duties under Ch. 28
12Subch. C.

13"Director of the judicial records office." As follows:

14(1) If the civil, criminal or orphans' court division
15judicial records offices are consolidated into one office,
16the officer selected by the president judge of a judicial
17district under section 2807(f) (relating to consolidation of 
18judicial records offices) to exercise control over the
19judicial records office.

20(2) If the civil, criminal or orphans' court division
21judicial records offices are not consolidated into one
22office, the director of an individual judicial records
23office.

24"Director of the orphans' court judicial records office."
25The officer selected by the president judge of a judicial
26district to exercise the powers and perform the duties under Ch.
2728 Subch. D (relating to orphans' court division judicial
28records office).

29* * *

30"Judicial records office." The administrative staff of the

1courts of common pleas and the Philadelphia Municipal Court
2responsible for the receipt of documents transmitted to the
3court by litigants and the transmission of notice of orders
4entered by and process issued under the authority of the court.

5* * *

6"Orphans' court judicial records office." The office having
7the powers and duties under Ch. 28 Subch. D.

8* * *

9"System and related personnel." Personnel of the system and
10related staff. The term includes district attorneys, public
11defenders, sheriffs and other officers serving process or
12enforcing orders, registers of wills, prothonotaries, clerks of
13the courts, clerks of the orphans' court division, coroners,
14directors of judicial records offices, directors of civil 
15judicial records offices, directors of criminal judicial records 
16offices, directors of orphans' court division judicial records 
17offices, jury commissioners, probation officials, and the
18personnel of all of the foregoing.

19* * *

20Section 3. Section 327(a) of Title 42, amended October 9,
212013 (P.L.609, No.73), is amended to read:

22§ 327. Oaths and acknowledgments.

23(a) General ability.--Each judicial officer, each clerk of 
24court, each retired or senior judge, director of a judicial 
25records office, director of a civil judicial records office, 
26director of a criminal judicial records office, director of an 
27orphans' court division judicial records office and such other 
28personnel of the system and jurors as may be designated by or 
29pursuant to general rules may administer oaths and affirmations 
30and take acknowledgments. An acknowledgment may be taken by a
 

1member of the bar of the Supreme Court of Pennsylvania if the 
2document is thereafter certified to an officer authorized to 
3administer oaths. Certification by an attorney shall be in 
4accordance with 57 Pa.C.S. Ch. 3 (relating to Revised Uniform 
5Law on Notarial Acts) and shall include the attorney's Supreme 
6Court identification number.

7* * *

8Section 4. Sections 1106, 1144, 1303, 1516, 1724(a)(5),
91725(c)(2), (3) and (6), (d)(11) and (e)(3), 1725.1(a.1),
101725.4(a)(1) and (b) and 1904(c)(2) and (4) and (d) of Title 42
11are amended to read:

12§ 1106. Lien of judgments.

13A judgment of a community court shall not operate as a lien
14on real property until a transcript of the record showing a
15final judgment in the community court has been filed in the
16manner prescribed by general rules in the office of the clerk of
17the court of common pleas or the judicial records office of the
18county where the property is situated, or in the office of the
19clerk or the appropriate judicial records office of the branch
20of the court of common pleas embracing such county. After such
21entry the judgment shall, from the date of such entry, be a lien
22upon real property to the same extent that judgment recovered in
23the court of common pleas is a lien. No such transcript shall be
24filed until after 30 days after the entry of final judgment by
25the community court. No execution against real estate shall
26issue out of the community court.

27§ 1144. Lien of judgment.

28A judgment of the Pittsburgh Magistrates Court shall not
29operate as a lien on real property until a transcript of the
30record showing a final judgment of the Pittsburgh Magistrates

1Court has been filed in the manner prescribed by general rules
2in the office of the prothonotary or the appropriate judicial 
3records office of Allegheny County. After entry of the judgment,
4the judgment shall, from the date of its entry, be a lien upon
5real property to the same extent that judgment recovered in the
6court of common pleas is a lien. No transcript of the record
7shall be filed until 30 days after the entry of final judgment
8by the Pittsburgh Magistrates Court. No execution against real
9estate shall be issued by the Pittsburgh Magistrates Court.

10§ 1303. Signatures and dockets.

11Facsimile signatures of traffic court judges may be used for
12all purposes in lieu of their original signatures, except on
13affidavits for warrants of arrest and on the docket of the
14traffic court. Traffic court dockets shall contain a record of
15the disposition of every case and where a fine and costs are
16imposed shall record the amount of said fine and the amount of
17costs. The docket shall in all cases, where a summons has been
18issued, as to each case, be signed by the judge making the
19disposition or in his name by the clerk of the traffic court or 
20the director of the criminal judicial records office, whichever 
21is applicable.

22§ 1516. Lien of judgment.

23A judgment of a magisterial district judge shall not operate
24as a lien on real property until a transcript of the record
25showing a final judgment of a magisterial district judge has
26been filed in the manner prescribed by general rules in the
27office of the clerk of the court of common pleas or the 
28appropriate judicial records office of the county where the
29property is situated, or in the office of the clerk or the 
30appropriate judicial records office of the branch of the court

1of common pleas embracing such county. After such entry the
2judgment shall, from the date of such entry, be a lien upon real
3property to the same extent that judgment recovered in the court
4of common pleas is a lien. No such transcript shall be filed
5until after 30 days after the entry of final judgment by the
6magisterial district judge. No execution against real estate
7shall be issued by a magisterial district judge.

8§ 1724. Personnel of the system.

9(a) General rule.--Except as provided in subsection (b), the
10governing authority shall exercise general supervisory and
11administrative authority over the personnel of the system,
12including the power to:

13* * *

14(5) Determine, from time to time, the hours when the
15office of the clerk or the judicial records office and the
16administrative and central offices of the system shall open
17and close.

18* * *

19§ 1725. Establishment of fees and charges.

20(c) Counties of the first class.--

21* * *

22(2) The fees to be received by the Prothonotary on
23behalf of the Trial Division and as Clerk of the Family
24Division of the Court of Common Pleas in counties of the
25first class shall be as follows:

26(i) Appeals:

27The filing of an appeal to the Supreme,
28Superior or the Commonwealth Court,
29including all services......................

 

 

$161.00

30The filing of any other appeal,

 

1including, but not limited to, an appeal
2from an award in compulsory arbitration, an
3appeal from administrative agencies,
4petition for a writ of certiori, appeals
5from the Municipal Court, appeals from the
6Board of View and the Board of Revision of
7Taxes ......................................

 




 

 

 

 

 


86.00

8(This appeal fee is exclusive of
9any jury listing fee set forth in
10this act. This fee does not include
11the costs of compensation of
12arbitrators. (See Pa.R.C.P.
13No.1308))

 

14(ii) Certifications:

 

15Any certification or certificate.........

$27.00

16Any exemplification .....................

54.00

17If the same involves more than one
18page, for each additional page...............

 

3.00

19(A certificate or certification is
20defined as the authentication of
21any record by affixing the seal of

22the court. Includes letters
23rogatory and interrogatories to
24commissioners.)

 

25(iii) Commencement of actions:

 

26Commencement of any civil action.........

172.00

27(Commencement of action includes
28the institution of any civil
29action, divorce or adoption action
30by writ of summons, complaint,

 

1petition or report of intent to
2adopt, the filing of any
3partnership or association
4agreements or any billing pursuant
5to the Bulk Sale Act.)

 

6(iv) Automation maintenance fee:

 

7Parties - to be paid at time of
8commencement of action, appeal or

9defendant's first filing ....................

 

 

$5.00

10Nonparty - providing docket entries for
11a nonparty per docket entry each.............

 

5.00

12The funds generated by this computer

13service charge shall be set aside by the
14prothonotary or the director of the civil 
15judicial records office and remitted
16monthly to the First Judicial District
17procurement on behalf of the Court of
18Common Pleas of the First Judicial
19District. This fund shall be maintained in
20a dedicated account which shall be used for
21the development and implementation of
22effective and efficient automation within
23the Office of the Prothonotary or the civil 
24judicial records office as well as civil
25computer hardware, services and programs in
26the First Judicial District.

 

27(v) Custody:

 

28Custody, partial custody or visitation...

$32.00

29Respondent's first responsive filing.....

16.00

30Other motions and petitions - (See

 

1petitions and motions)

 

2Thirteen percent of the funds generated by the
3charge under this subparagraph shall be
4transmitted by the prothonotary or the director 
5of the civil judicial records office to the
6Administrative Office to pay for the
7implementation of section 1904 (relating to
8availability of criminal charge information in
9child custody proceedings).

 

10(vi) Defendant's first filing:

 

11The filing by or on behalf of any
12defendant (or additional defendant) of an
13entry of appearance, answer, preliminary
14objections, writ to join (with entry of
15appearance) or complaint against additional
16defendant or any paper not otherwise
17provided for in this paragraph. A pleading,
18appearance or other paper not otherwise
19provided for in this act filed on behalf of
20more than one defendant shall require only
21one fee. The filing of separate initial
22pleadings by a defendant require a separate

23fee.....................................

 

 

 

 

 

 

 

 

 

 

 

 

$86.00

24(vii) Divorce:

 

25Commencement of action - (See
26commencement of actions)

 

27Defendant's first filing - (See
28defendant's first filing)

 

29Other petitions and motions - (See
30petitions and motions)

 

1Praecipe to transmit:....................

$43.00

2Motion for appointment of permanent
3master...................................

 

322.00

4(viii) Eminent domain:

 

5Commencement of action by declaration
6of taking or petition for a board of view -
7(See commencement of actions)

 

8(x) Judicial education fee ..................

$1.00

9There shall be added to every
10commencement of action fee and defendant's
11first filing fee the additional sum of
12$1.00 for the purpose of providing funding
13for the continuing judicial education and
14training for members of the judiciary of
15the First Judicial District. The funds
16generated by this charge shall be set aside
17by the prothonotary or director of the 
18civil judicial records office and remitted
19monthly to the First Judicial District
20procurement to be maintained in a separate
21account and used for judicial education and
22training.

 

23(xi) Judgments:

 

24Judgment by confession or complaint in
25confession of judgment (See Pa.R.C.P.
26Nos.2950-2974) ..............................

 

 

$54.00

27Entry of judgment from other
28jurisdiction.................................

 

54.00

29(xii) Liens and reimbursement agreements:

 

30The filing of any Federal tax lien,

 

1Commonwealth and municipal tax liens,
2mechanics' lien or waiver of mechanics'
3lien and any other lien not specifically
4covered under this act ......................

 




 


 

$21.00

5(Mechanics' lien fee does not
6include commencement of action fee
7when complaint is filed.)

 

8(xiii) Petitions and motions:

 

9The filing of any petition or motion,
10excluding commencement of action (See
11commencement of actions).....................

 

 

$27.00

12(xiv) Name search............................

$38.00

13(xv) Subpoena:

 

14Issuance of subpoena as authorized by
15Pa.R.C.P. No.234.2 ..........................

 

$5.00

16Producing a record in response to
17subpoena based on four-hour service or
18fraction thereof ............................

 

 

$43.00

19Service beyond four hours, per hour or
20fraction thereof.............................

 

11.00

21For each mile traveled (round trip) for
22service out of county .......................

 

00.365

23(xvi) Trial listing/jury demand .............

$161.00

24(xvii) Record retention fee .................

$1.00

25A record retention fee shall be added
26to every motion or petition, excluding a
27motion or petition which constitutes an
28initial filing, the additional sum of $1.00
29for the purpose of providing funding to
30establish and maintain a record retention

 

1program for the First Judicial District.
2The funds generated by this charge shall be
3set aside by the Prothonotary or the 
4director of the civil judicial records 
5office and remitted monthly to the First
6Judicial District procurement to be
7maintained in a separate account and used
8for record retention purposes.

 

9(xviii) Prothonotary or director of the 
10civil judicial records office automation
11development fee .................................

 

 

$5.00

12In addition to any other fee authorized
13by law, an automation fee may be charged
14and collected by the prothonotary or 
15director of the civil judicial records 
16office upon initiation of any action or
17legal proceeding. The automation fee shall
18be deposited into a special prothonotary or 
19civil judicial records office automation
20fund established for and maintained by the
21First Judicial District of Pennsylvania.
22Moneys deposited into the special
23prothonotary or civil judicial records 
24office automation fund and any interest
25accrued thereon shall be used solely for
26the purpose of prothonotary or civil 
27judicial records office automation,
28including automation updates.

 

29(xix) The prothonotary or director of the 
30civil judicial records office is authorized,

 

1with the approval of the President Judge, to
2establish fees for services required by statute
3or general rule which are not specifically
4provided for in this paragraph. Any fees so
5established shall be the same as those imposed
6for similar services. The prothonotary or 
7director of the civil judicial records office
8shall not be required to receive any paper or
9perform any service until the proper fee is
10paid.

 

11(xx) Refunds:

 

12There will be no refund of any amount
13less than $15. The jury fee when paid shall
14not be refunded.

 

15(xxii) Special court administration fee......

$5.00

16There shall be added to every
17commencement of action fee and defendant's
18first filing fee the additional sum of
19$5.00 for the purpose of providing funding
20for the administration of gun and zone
21courts in the First Judicial District. The
22funds generated by this charge shall be set
23aside by the prothonotary or the director 
24of the civil judicial records office and
25remitted monthly to the First Judicial
26District special gun and zone court fund.
27The money in the fund and any interest
28accrued thereon shall be used solely for
29the purpose of administration of gun and
30zone courts.

 

1(xxiii) The fees enumerated in this
2paragraph shall be exclusive of any tax, law
3library surcharge or any other surcharge or
4assessment existing or hereafter levied.

 

5(3) The fees to be received by the prothonotary or 
6director of the civil judicial records office on behalf of
7the Philadelphia Municipal Court in civil actions shall be as
8follows:

9(i) Commencement of civil action $0 to
10$2,000 ..........................................

 

$20.00

11(ii) Commencement of civil actions $2,001
12to $12,000 ......................................

 

$40.00

13(iii) Commencement of landlord and tenant
14civil actions $0 to $2,000 ......................

 

$20.00

15(iv) Commencement of landlord and tenant
16actions $2,001 to $10,000........................

 

$40.00

17(v) Commencement of landlord and tenant
18civil actions over $10,000 ......................

 

$60.00

19(vi) Indexing ...............................

$5.00

20(vii) Writ of possession ....................

$4.00

21(viii) Motions (petitions)...................

$10.00

22(ix) Additional defendant filing shall be
23same as initial filing

 

24(x) Counterclaim shall be same as initial
25filing

 

26(xi) Cross-claim shall be same as initial
27filing

 

28(xii) Setoffs shall be same as initial
29filing

 

30(xiii) Subpoena .............................

$3.00

1(xiv) Writ of revival .......................

$6.00

2(xv) Record retention fee ...................

$1.00

3There shall be added to every motion the additional
4sum of $1 for the purpose of providing funding for
5establishing and maintaining a record retention
6program for the First Judicial District. The funds
7generated by this charge shall be set aside by the
8prothonotary or the director of the civil judicial 
9records office and remitted monthly to the First
10Judicial District procurement to be maintained in a
11separate account and used for record retention
12purposes.

 

13(xvi) Automation fee:

 

14(A) Initial pleading in all civil
15actions and landlord tenant actions .........

 

$5.00

16(B) All civil petitions and motions......

$2.00

17The funds generated by this automation fee shall
18be set aside by the prothonotary or the director

19of the civil judicial records office and
20remitted monthly to the First Judicial District.

 

21(xvii) The fees enumerated in this
22paragraph do not cover any costs for services
23performed by the sheriff or other writ server.
24Service of initial process shall be $27. All
25other fees of the sheriff or other writ server
26shall be in accordance with the sheriff's fee
27bill applicable to Philadelphia County.

 

28(xviii) The commencement of any action or
29proceeding as well as complaints and all writs
30shall be exempt from any library fee or taxes.

 

1* * *

2(6) (i) In counties of the first class, there
3shall be charged and set apart by the officers
4receiving the fees fixed under this section an
5amount equal to 20% of the filing fees at the
6time in effect for the probate of wills, the
7issue of letters testamentary, the issue of
8letters of administration and the filing of
9accounts with the register of wills, the filing
10of accounts of trustees and guardians, and of
11all filings in the office of the prothonotary or 
12the civil judicial records office of the court
13of common pleas of the county.

 

14(ii) The provisions of this paragraph shall
15not apply to any actions taken or initiated by
16any political subdivision.

 

17(iii) The funds set aside shall be remitted

18monthly to the First Judicial District and
19deposited into a family court facility fund,
20which is to be established and used by the First
21Judicial District to fund the lease, purchase
22and maintenance of appropriate family court
23facilities and for related purposes.

 

24(d) Counties of the second class.--In counties of the second
25class, the prothonotary and the clerk of the orphans' court
26division, or the directors of the civil and orphans' court 
27division judicial records offices, shall set apart from the fees
28fixed in this subsection or under any other statute and
29collected by them on the following actions, proceedings and
30appeals and remit monthly the total collected to the county

1treasurer for the exclusive use and benefit of the public law
2library in the county:

3* * *

4(11) The sum of $1 for the filing of an account of
5fiduciary in the office of the clerk of the orphans' court
6division [or in], the office of the prothonotary, the civil 
7judicial records office or the orphans' court division 
8judicial records office.

9* * *

10(e) Counties of the second class A.--In counties of the
11second class A, the prothonotary, the register of wills and the
12clerk of the court, and the directors of the civil, criminal and 
13orphans' court division judicial records offices shall set apart
14from the fees fixed in this subsection or under any other
15statute and collected by them on the following actions and
16proceedings and remit monthly the total collected to the county
17treasurer for the exclusive use and benefit of the public law
18library in the county if the county commissioners so request and
19in the amount they so request:

20* * *

21(3) The sum of not less than $5 nor more than $40 for
22each misdemeanor or felony case processed by the clerk of
23courts or director of the criminal judicial records office.

24§ 1725.1. Costs.

25* * *

26(a.1) Custody cases.--Except as provided in section 1725(c)
27(2)(v) (relating to establishment of fees and charges) and
28subject to subsection (f), in a custody case, the court of
29common pleas shall, in addition to the cost provided by general
30rule, assess a cost of $5. Eighty percent of the funds generated

1by the charge under this subsection shall be transmitted by the
2prothonotary or the director of the civil judicial records 
3office to the Administrative Office to pay for the
4implementation of section 1904 (relating to availability of
5criminal charge information in child custody proceedings).

6* * *

7§ 1725.4. Fee increases and automation fee.

8(a) Increasing existing fees.--

9(1) In counties of the second class A and the third
10through eighth class, including home rule counties of the
11same class, the clerk of courts or a director of a civil, 
12criminal or orphans' court division judicial records office
13may increase any fee or charge that exists as of the
14effective date of this section with the approval of the
15president judge. The amount of any increase may not be
16greater than the aggregate of the consumer price index from
17the month in which the fee was last established through June
181998.

19* * *

20(b) Automation fee for clerk of courts or judicial records 
21office.--In addition to any other fee authorized by law, an
22automation fee of not more than $5 may be charged and collected
23by the clerk of courts or the director of a civil, criminal or 
24orphans' court division judicial records office of counties of
25the second class A and the third through eighth class, including
26home rule counties of the same class, for the initiation of any
27action or legal proceeding. The automation fee shall be
28deposited into a special clerk of courts or judicial records 
29office automation fund established in each county. Moneys in the
30special fund shall be used solely for the purpose of automation

1and continued automation update of the office of the clerk of
2courts or the judicial records office.

3§ 1904. Availability of criminal charge information in child
4custody proceedings.

5* * *

6(c) Application for access to criminal charge information.--
7To obtain information about charges covered in 23 Pa.C.S. §
85329(a), a parent who has been awarded custody or partial 
9custody or who is a party to a custody proceeding must file an 
10application for access to the information with the office of the 
11prothonotary or the civil judicial records office in the county 
12where the proceeding or order was filed.

13* * *

14(2) The application must be filed with the prothonotary
15or director of the civil judicial records office by one of
16the following methods:

17(i) In person, at the office of the prothonotary or 
18the civil judicial records office, by the parent who is
19filing the application. The applicant must have a valid
20form of photoidentification available for the inspection
21of the prothonotary or the director of the civil judicial 
22records office.

23(ii) By mailing a notarized application using first
24class mail.

25(iii) By including the application with the original
26complaint, initial response or any other pleading or
27motion filed with the prothonotary or the director of the 
28civil judicial records office.

29* * *

30(4) Applications shall be made available through county

1prothonotaries or directors of civil judicial records 
2offices.

3(d) Verification of application.--The prothonotary or 
4director of the civil judicial records office shall verify and
5transmit the application to the Administrative Office within six
6business days.

7(1) Verification consists of checking court records to
8determine whether there exists an active custody proceeding
9or valid custody order remaining in effect.

10(2) The Administrative Office shall determine how the
11application is to be transmitted.

12* * *

13Section 5. Title 42 is amended by adding a section to read:

14§ 1905.1. County-level prothonotaries, clerks of the courts,
15clerks of orphans' court divisions and selected
16deputies.

17(a) Applicability.--

18(1) This section shall apply to all prothonotaries and
19clerks of the courts, elected or appointed, including those
20holding these or equivalent offices in home rule or optional
21plan of government counties. In addition, this section shall
22apply to any clerk of the orphans' court division or head of
23an equivalent office whose office is combined with a
24prothonotary or clerk of the courts office or equivalent
25office as of the effective date of this section. For purposes
26of this section, an equivalent office is one that possesses
27any of the powers and duties held by the prothonotaries,
28clerks of the courts or clerks of orphans' court divisions
29under Chapter 27 (relating to Office of the Clerk of the
30Court of Common Pleas).

1(2) This section shall apply in those counties where one
2or more of the offices described in paragraph (1) is combined
3with either the office of the register of wills or the
4recorder of deeds or both. In such counties the powers and
5duties of all other offices held in conjunction with the
6prothonotary, clerk of the courts and clerk of the orphans'
7court division office shall be transferred as provided in
8this section.

9(b) Transfer of elected officials.--

10(1) An elected official described in subsection (a)
11holding office on the effective date of this section may
12choose to either transfer to the State judicial personnel
13system or decline to do so and have his or her compensation
14and benefits remain an obligation of the county.

15(i) An elected official described in subsection (a)
16holding office on the effective date of this section may
17elect to transfer to the State judicial personnel system
18and be compensated by the Commonwealth through the
19Administrative Office of Pennsylvania Courts from funds
20authorized for that purpose prior to the expiration of
21his or her term by transmitting written notice of
22election to the Court Administrator of Pennsylvania.
23Upon receipt of the notice of election, the Court
24Administrator will assign the official a date when their
25transfer will become effective. On the date they become
26State judicial personnel system employees, individuals
27holding these or equivalent offices shall cease to be
28officers of their respective counties.

29(ii) An elected official described in subsection (a)
30holding office on the effective date of this section may

1decline to transfer to the State judicial personnel
2system following the transfer of his or her office to the
3unified judicial system under subsection (c) by
4transmitting written notice of election to the Court
5Administrator of Pennsylvania. Upon receipt of the notice
6of election the Court Administrator will assign the
7official a date when the transfer of his or her office
8will become effective. An official who declines to
9transfer to the State judicial personnel system will be
10placed under the supervision and control of the president
11judge of the judicial district following transfer of his
12or her office. When the official subsequently vacates his
13or her position it will automatically transfer to the
14State judicial personnel system.

15(2) If an incumbent elected prothonotary, clerk of the
16courts or clerk of the orphans' court division does not make
17an election under paragraph (1), his or her office shall be
18transferred to the State judicial personnel system either as
19of the date his or her current term of office expires or the
20date the office becomes vacant, whichever occurs first. For
21the purposes of this subsection, the current term of office
22refers to the term of office as of the effective date of this
23section.

24(c) Transfer of powers and duties of elected officials.--
25Effective either on the date an elected official described in
26subsection (a) is transferred to the State judicial personnel
27system under subsection (b)(1)(i), the date his or her office is
28transferred under subsection (b)(1)(ii) or the date his or her
29office is transferred under subsection (b)(2), whichever is
30applicable, the following shall occur:

1(1) All powers and duties held by the elected official
2and the official's offices under the Constitution of
3Pennsylvania or existing statute or general rule shall be
4transferred to the unified judicial system and placed under
5the supervision and control of the president judge of the
6judicial district.

7(2) All equipment, materials, supplies, facilities and
8moneys under the official's or the official's offices
9control, shall be transferred to the unified judicial system
10and placed under the supervision and control of the president
11judge of the judicial district.

12(3) The powers and duties formerly held by the
13transferred office shall be transferred to the appropriate
14office as provided in Chapter 27.

15(d) Transfer of deputies of elected officials.--Selected
16deputies of elected officials described in subsection (a) shall
17be transferred to the State judicial personnel system on or
18after the date the powers and duties of the officials' office
19are transferred in accordance with subsection (c). The Court
20Administrator of Pennsylvania shall establish the definition of
21a deputy for purposes of this section and criteria for selection
22of deputies to transfer to the State judicial personnel system
23as well as the date when the transfer of individual deputies
24will become effective.

25(e) Offices supervised by appointed officials.--

26(1) As of a date the Court Administrator of Pennsylvania
27shall establish, the following shall be transferred to the
28unified judicial system and placed under the supervision and
29control of the president judge of the judicial district:

30(i) Powers and duties held by a prothonotary's

1office, clerk of the courts office, clerk of the orphans'
2court division office or an equivalent office in a home
3rule or optional plan of government that is supervised by
4an appointed official in accordance with the Constitution
5of Pennsylvania or existing statute or general rule.

6(ii) All equipment, materials, supplies, facilities
7and moneys under their control.

8(2) The official of said office supervising on the
9effective date of this section goes into effect shall have
10the option of declining to transfer to the State judicial
11personnel system as provided in subsection (b)(1)(ii). An
12official who declines to transfer to the State judicial
13personnel system will be placed under the supervision and
14control of the president judge of the judicial district
15following transfer of his or her office. When the official
16subsequently vacates his or her position it will
17automatically transfer to the State judicial personnel
18system. Transfer of the appointed official's deputies shall
19be governed by subsection (d).

20(f) Compensation.--The Administrative Office of Pennsylvania
21Courts shall establish salaries and other compensation for those
22individuals entering the State judicial personnel system under
23this section.

24(g) Compensation plan.--The Administrative Office of
25Pennsylvania Courts, with the approval of the Supreme Court,
26shall, consistent with section 1724 (relating to personnel of
27the system), establish a plan for use on an ongoing basis for
28compensation of those individuals entering the State judicial
29personnel system in accordance with this section and their
30successors.

1(h) Selection, removal and vacancies.--

2(1) If a vacancy occurs in an office included in the
3State judicial personnel system under this section, the
4vacancy shall be filled, subject to the approval of the
5Supreme Court, by the president judge with the prior approval
6of the Court Administrator of Pennsylvania.

7(2) No director or deputy of a judicial records office
8who is a member of the State judicial personnel system may be
9removed without the prior written approval of the Court
10Administrator of Pennsylvania.

11(3) The Court Administrator of Pennsylvania, with the
12approval of the Supreme Court, shall establish standards and
13qualifications for individuals appointed to fill vacancies
14under paragraph (1).

15(i) Applicable personnel policies.--As of the date of
16transfer, a person transferred in accordance with this section
17shall be subject to all policies governing the personnel of the
18unified judicial system.

19Section 6. Section 2504(a) of Title 42 is amended to read:

20§ 2504. Letters of attorney.

21(a) General rule.--All letters of attorney authorizing acts
22relating to instruments or judgments may, if duly acknowledged,
23be filed in the office of the clerk of the court of common pleas
24or the appropriate judicial records office of any county. Such
25filing shall be deemed a recording for the purposes of section
266106 (relating to certified exemplifications of records).

27* * *

28Section 7. Title 42 is amended by adding a chapter to read:

29CHAPTER 28

30JUDICIAL RECORDS OFFICES

1Subch.

2A. Preliminary Provisions

3B. Civil Judicial Records Office

4C. Criminal Judicial Records Office

5D. Orphans' Court Division Judicial Records Office

6SUBCHAPTER A

7PRELIMINARY PROVISIONS

8Sec.

92801. Purpose and scope of chapter.

102801.1. Definitions.

112802. Place of filing of documents.

122803. Responsibility for creation, entry, maintenance and
13certification of data and certification of amicable
14judgments.

152804. Responsibility for reports to executive agencies.

162805. Funding of judicial records offices.

172806. Supervision of judicial records offices by the president
18judge.

192807. Consolidation of judicial records offices.

20§ 2801. Purpose and scope of chapter.

21(a) Purpose.--The purpose of this chapter is to facilitate
22the prompt, fair and efficient administration of justice by
23transitioning the powers and duties held by the prothonotaries,
24clerks of the courts and clerks of orphans' court divisions into
25judicial records offices consisting of a civil judicial records
26office, a criminal judicial records office and an orphans' court
27division judicial records office under section 1905.1 (relating
28to county-level prothonotaries, clerks of the courts, clerks of 
29orphans' court divisions and selected deputies).

30(b) Scope.--The provisions of this chapter shall apply to

1those counties where some or all of the powers and duties
2formerly held by the office of the clerk of the court of common
3pleas, or its equivalent office, have been transferred to the
4judicial records office under section 1905.1.

5(c) Effect of other provisions of law.--The provisions of
6this chapter shall not be subject to any inconsistent statute,
7home rule charter or optional plan of government in effect or
8subsequently adopted.

9§ 2801.1. Definitions.

10The following words and phrases when used in this chapter
11shall have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Equivalent office." An office that possesses any of the 
14powers and duties held by the prothonotaries, clerks of the 
15courts or clerks of orphans' court divisions under Chapter 27 
16(relating to Office of the Clerk of the Court of Common Pleas).

17§ 2802. Place of filing of documents.

18Where jurisdiction of any matter is by law vested in a court
19of common pleas or Philadelphia Municipal Court, all
20applications for relief or other documents relating to the
21matter shall be filed in or transferred to the appropriate
22office specified under this chapter.

23§ 2803. Responsibility for creation, entry, maintenance and
24certification of data and certification of amicable
25judgments.

26The following shall apply:

27(1) The directors of the civil judicial records office,
28the criminal judicial records office and the orphans' court
29division judicial records office shall:

30(i) Be responsible for the accurate and timely

1creation, entry, maintenance and certification of the
2record of matters pending before or determined by the
3courts of common pleas and the Philadelphia Municipal
4Court, including data and reports relating thereto.

5(ii) Within 30 days after the entry of any money
6judgment, other than upon a verdict or after a decision
7by a court, deliver to the authorities who assess for
8county tax purposes in the county where the judgment was
9entered all of the following information:

10(A) The date the judgment was entered.

11(B) The amount of the judgment.

12(C) The names of all parties to the proceeding
13in which the judgment was entered.

14(D) The addresses of the persons in favor of
15whom the judgment was entered.

16(E) The names and addresses of all assignees of
17the judgment.

18(2) Failure to perform the duties imposed by paragraph
19(1)(ii) shall not impair the validity of any judgment or the
20lien thereof.

21§ 2804. Responsibility for reports to executive agencies.

22(a) Community and Economic Development.--The civil judicial
23records office shall certify to the Department of Community and
24Economic Development a copy of any order of court incorporating,
25merging, dissolving, annexing any territory from or to,
26confirming the adoption, amendment or repeal of any home rule
27charter or optional plan of government, or otherwise affecting
28the corporate status of any municipality.

29(b) Insurance Department.--The directors of the civil and
30orphans' court judicial records offices shall make to the

1Insurance Department such periodic or special reports concerning
2matters commenced against any person subject to the supervision
3of the Insurance Department as the Insurance Department may
4specify by regulation.

5(c) Office of Attorney General.--The directors of the civil
6and criminal judicial records offices shall make to the Office
7of Attorney General such periodic or special reports concerning
8criminal matters as the Office of Attorney General may specify
9by regulation.

10(d) Department of Labor and Industry.--The director of the
11criminal judicial records office shall notify the Department of
12Labor and Industry of every conviction under the act of May 18,
131937 (P.L.665, No.176), known as the Industrial Homework Law, if
14the Department of Labor and Industry is not a party to the
15proceedings.

16(e) Department of Transportation.--The criminal judicial
17records office shall comply with the reporting requirements of
1875 Pa.C.S. (relating to vehicles).

19(f) Department of Revenue.--The director of the criminal
20judicial records office shall report to the Department of
21Revenue, for the purposes of an audit of tax returns, the name
22of any person convicted of selling, distributing, delivering or
23manufacturing or possessing with intent to sell, distribute,
24deliver or manufacture any controlled substance or designer drug
25under the act of April 14, 1972 (P.L.233, No.64), known as The
26Controlled Substance, Drug, Device and Cosmetic Act, when the
27value of the controlled substance or the designer drug, or
28combination thereof, amounts to $1,000 or more. As used in this
29subsection, the term "convicted" includes having pleaded guilty
30or nolo contendere.

1(g) Superseding administrative office procedures and
2standards.--The manner of making any informational report
3required by or under subsections (a), (b), (c), (d) and (e) or
4by or under any other similar statute by the civil, criminal or
5orphans' court judicial records office may be modified by
6procedures and standards prescribed under section 4301 (relating
7to establishment and maintenance of judicial records) with the
8approval of the Office of Attorney General.

9§ 2805. Funding of judicial records offices.

10(a) Purpose.--The purpose of this section is to ensure that
11the salary and benefit costs of employees in offices transferred
12under section 1905.1 (relating to county-level prothonotaries,
13clerks of the courts, clerks of orphans' court divisions and
14selected deputies) who are members of the State judicial
15personnel system are fully funded and that all necessary
16accommodations, goods and services continue to be furnished to
17transferred offices as had previously been furnished prior to
18transfer.

19(b) Funding.--The salary and benefit costs of individuals
20transferred under section 1905.1 shall be paid by the
21Commonwealth through the Administrative Office of Pennsylvania
22Courts under section 1153 (relating to salary of controller, 
23recorder of deeds and clerk of courts in counties of third 
24class).

25(c) County obligations.--The funding set forth under
26subsection (b) is intended to fund the salary and benefit costs
27of employees in the transferred office or offices who are
28members of the State judicial personnel system. Nothing in this
29section shall be construed as relieving a county of its
30obligations under section 3722 (relating to general facilities

1and services furnished by county).

2(d) Access to leave surplus.--If the funding provided under
3this section is not sufficient to pay the salary and benefit
4costs of individuals transferred under section 1905.1, the Court
5Administrator may access the surplus of the fund established
6under section 2397(d) (relating to county payments for certain
7leave), if any surplus exists.

8§ 2806. Supervision of judicial records offices by the
9president judge.

10In addition to the powers vested in a president judge by the
11Constitution of Pennsylvania, by statute, by general rule or by
12order of the governing authority, the president judge shall have
13the following powers with regard to judicial records offices
14transferred under section 1905.1 (relating to county-level
15prothonotaries, clerks of the courts, clerks of orphans' court
16divisions and selected deputies):

17(1) General supervisory authority over the directors of
18the civil, criminal and orphans' court division judicial
19records offices in the judicial district.

20(2) Select and remove, subject to the prior written
21approval of the Court Administrator of Pennsylvania,
22directors of the civil, criminal and orphans' court judicial
23records offices and their deputies who are members of the
24State judicial personnel system under section 1905.1(h) and
25Pa.R.J.A. No. 503 (relating to staff).

26(3) Request consolidation of two or more judicial
27records offices under section 2807 (relating to consolidation
28of judicial records offices).

29§ 2807. Consolidation of judicial records offices.

30(a) General rule.--Except as provided in subsection (b), in

1the interests of fair, prompt and efficient administration of
2justice, the Supreme Court may order that a judicial district's
3judicial records offices be consolidated. The Supreme Court may
4consolidate offices under this section upon request of the Court
5Administrator of Pennsylvania or the president judge of the
6judicial district or upon its own motion.

7(b) Limitations on consolidation.--Judicial records offices
8shall not be consolidated if the directors of the offices to be
9consolidated were transferred under section 1905.1 (relating to
10county-level prothonotaries, clerks of the courts, clerks of
11orphans' court divisions and selected deputies) as directors. If
12only one of the directors of the offices to be consolidated were
13director at the time of transfer under section 1905.1, the
14offices may be consolidated provided that the director becomes
15director of the consolidated office under subsection (f).

16(c) Matters filed in the consolidated office.--Upon
17consolidation, matters previously filed in the separate offices
18that comprise the consolidated office shall be filed in the
19consolidated office.

20(d) Multi-county judicial districts.--In judicial districts
21comprised of more than one county, judicial records offices from
22separate counties may be combined provided an office to receive
23filings is maintained in each county.

24(e) Name of the consolidated office.--If the judicial
25records offices are consolidated, the new office shall be known
26as the "Judicial Records Office of (the respective) County." If
27judicial records offices are consolidated, any reference in this
28chapter to an individual office comprising the consolidated
29office shall be read as referring to the consolidated office.

30(f) Director of the consolidated office.--If judicial

1records offices are consolidated under this section, there shall
2be one director to supervise the consolidated office. The
3director of a consolidated office shall have all of the powers
4and duties described in this chapter of a director of the
5individual offices that comprise the consolidated office. The
6director shall be known as the "Director of the (name of
7consolidated office)."

8(g) Offices consolidated prior to transfer.--The following
9shall apply:

10(1) If two or more of the offices governed by Chapter 27 
11(relating to office of the clerk of the court of common
12pleas) were consolidated prior to transfer under section
131905.1, they shall remain consolidated following transfer
14unless they are deconsolidated under subsection (h).

15(2) An office consisting pretransfer of two offices
16governed by Chapter 27 shall be known following transfer by
17the designation provided under subsection (e).

18(h) Deconsolidation.--In the interests of fair, prompt and
19efficient administration of justice, the Supreme Court may order
20that a judicial district's consolidated judicial records offices
21be deconsolidated. The Supreme Court may deconsolidate offices
22upon request of the Court Administrator of Pennsylvania or the
23president judge of the judicial district or upon its own motion.

24(i) Division.--

25(1) The business of the administrative staff shall be
26divided among the personnel of the civil judicial records
27office, the criminal judicial records office and orphans'
28court division judicial records office in the manner provided
29under this chapter unless two or more of the offices were
30consolidated prior to transfer under section 1905.1 or were

1consolidated after transfer under section 2807 (relating to
2consolidation of judicial records offices).

3(2) For the purposes of this subsection, the
4administrative staff shall mean the administrative staff of
5the courts of common pleas and the Philadelphia Municipal
6Court responsible for the receipt of documents transmitted to
7the court by litigants and the transmission of notice of
8orders entered by and process issued under the authority of
9the court.

10SUBCHAPTER B

11CIVIL JUDICIAL RECORDS OFFICE

12Sec.

132811. Applicability.

142812. Director of the civil judicial records office.

152813. Selection and removal of the director of the civil
16judicial records office.

172814. Seal.

182815. Civil judicial records office.

192816. Staff of the civil judicial records office.

202817. Matters or documents filed in the civil judicial records
21office.

222818. Powers and duties of the civil judicial records office.

232818.1. Incorrect debtor identified.

242819. Criminal, probate, estates and fiduciary matters.

25§ 2811. Applicability.

26The provisions of this subchapter shall apply to those
27counties where the powers and duties formerly held by the office
28of the prothonotary, or its equivalent office if the office
29holding the powers and duties set forth under Subchapter B of
30Chapter 27 (relating to prothonotaries) is called by another

1name or combined with other offices, have been transferred to
2the civil judicial records office under section 1905.1 (relating
3to county-level prothonotaries, clerks of the courts, clerks of
4orphans' court divisions and selected deputies) as directors.

5§ 2812. Director of the civil judicial records office.

6(a) General rule.--Except as otherwise provided in this
7section, in each county of this Commonwealth to which this
8subchapter applies there shall be one director of the civil
9judicial records office for the court of common pleas, who shall
10be known as the "Director of the Civil Judicial Records Office
11of (the respective) County." The director of the civil judicial
12records office shall be under the supervision and control of the
13president judge of judicial district.

14(b) Director of consolidated offices.--If the office with
15the powers and duties of the civil judicial records office under
16this subchapter is consolidated with one or more other judicial
17records offices, the director of the civil judicial records
18office shall also be the director of the other office or offices
19which comprise the consolidated office and shall be designated
20as provided under section 2807(f) (relating to consolidation of 
21judicial records offices).

22(c) Multi-county judicial districts.--In multi-county
23judicial districts to which this subchapter applies, the
24director of the civil judicial records office shall be the
25director of the civil judicial records office of the branch of
26the court of common pleas established for the county in which
27the office is located unless the offices have been consolidated
28under section 2807(d).

29(d) Philadelphia.--In the first judicial district, the civil
30judicial records office shall be structured as directed by the

1administrative governing board of the first judicial district or
2by the Supreme Court.

3§ 2813. Selection and removal of the director of the civil
4judicial records office.

5The director of the civil judicial records office shall be
6selected and removed in the manner provided under section 1905.1
7(relating to county-level prothonotaries, clerks of the courts,
8clerks of orphans' court divisions and selected deputies) as
9directors.

10§ 2814. Seal.

11The director of the civil judicial records office shall have
12custody of a counterpart of the seal of the court or courts for
13which he is the director of the civil judicial records office.

14§ 2815. Civil judicial records office.

15(a) General rule.--There shall be a civil judicial records
16office in each county of this Commonwealth to which this
17subchapter applies which shall be supervised by the director of
18the civil judicial records office for the county who shall,
19either personally, by deputy or by other duly authorized
20employees or agents of the office, exercise the powers, and
21perform the duties by law vested in and imposed upon the
22director of the civil judicial records office or the civil
23judicial records office. The civil judicial records office may
24be consolidated with one or more other offices under section
252807 (relating to consolidation of judicial records offices).

26(b) Facilities and services.--The civil judicial records
27office shall be provided with all necessary accommodations,
28goods and services under sections 2805 (relating to funding of
29judicial records offices) and 3722 (relating to general
30facilities and services furnished by county).

1§ 2816. Staff of the civil judicial records office.

2(a) General rule.--The director of the civil judicial
3records office may, subject to the approval of the president
4judge of the judicial district, appoint and remove such deputies
5and other administrative staff of the civil judicial records
6office who are not members of the State judicial personnel
7system as may be necessary.

8(b) Compensation and duties.--The following shall apply:

9(1) The director of the civil judicial records office
10may, subject to the approval of the president judge of the
11judicial district and except as otherwise provided by
12statute, home rule charter or optional plan of government,
13fix the compensation of the staff of the director's office
14who are not members of the State judicial personnel system.
15Where the compensation of the staff of the civil judicial
16records office is fixed by a county salary board, the
17director shall be a member of the salary board for such
18purpose.

19(2) The director of the civil judicial records office
20may, subject to the approval of the president judge of the
21judicial district and except as otherwise provided by
22statute, home rule charter or optional plan of government,
23fix the duties of the staff of the civil judicial records
24office.

25§ 2817. Matters or documents filed in the civil judicial
26records office.

27All matters or documents required or authorized to be filed
28in the judicial records office of the county shall be filed in
29the civil judicial records office except:

30(1) Matters or documents specified under section 2756

1(relating to matters or documents filed in the office of the
2clerk of the courts) or 2827 (relating to matters or
3documents filed in the criminal judicial records office).

4(2) Matters or documents specified under section 2776
5(relating to matters or documents filed in the office of the
6clerk of the orphans' court division) or 2837 (relating to
7matters or documents filed in the orphans' court division
8judicial records office).

9§ 2818. Powers and duties of the civil judicial records office.

10The civil judicial records office shall have the power and
11duty to:

12(1) Administer oaths and affirmations and take
13acknowledgments under section 327 (relating to oaths and
14acknowledgements), but shall not be compelled to do so in any
15matters not pertaining to the proper business of the office.

16(2) Affix and attest the seal of the court or courts to
17all the process thereof and to the certifications and
18exemplifications of all documents and records pertaining to
19the civil judicial records office and the business of the
20court or courts of which it is the civil judicial records
21office.

22(3) Enter all civil judgments, including judgments by
23confession.

24(4) Enter all satisfactions of civil judgments.

25(5) Exercise the authority of the director of the civil
26judicial records office as an officer of the court.

27(6) Exercise such other powers and perform such other
28duties as may now or hereafter be vested in or imposed upon
29the office by law, home rule charter, order or rule of court,
30or ordinance of a county governed by a home rule charter or

1optional plan of government.

2§ 2818.1. Incorrect debtor identified.

3(a) Procedure.--A creditor that files for a judgment by
4confession under section 2818(3) (relating to powers and duties
5of the civil judicial records office) shall comply with the
6Pennsylvania Rules of Civil Procedure regarding confession of
7judgment, including any notice provisions. A debtor who has been
8incorrectly identified and had a confession of judgment entered
9against the debtor may petition the court for costs and
10reasonable attorney fees as determined by the court.

11(b) Effect on judgment.--A judgment shall not be stricken or
12opened because of a creditor's failure to provide a correctly
13identified debtor with instructions under this section regarding
14procedures to follow to strike a judgment or regarding any
15rights available to an incorrectly identified debtor.

16(c) Applicability.--This section shall apply to all
17confessions of judgment entered in the civil judicial records
18office or in the county prothonotary's office prior to the
19transfer of powers and duties under section 1905.1 (relating to
20county-level prothonotaries, clerks of the courts, clerks of
21orphans' court divisions and selected deputies) as directors.

22§ 2819. Criminal, probate, estates and fiduciary matters.

23(a) General rule.--The personnel of the civil judicial
24records office shall exercise the powers and perform the duties
25vested in or imposed upon the office by:

26(1) Subchapter C (relating to criminal judicial records
27office), where no separate clerk of the courts was authorized
28for the county prior to the transfer of powers and duties
29under section 1905.1 (relating to county-level
30prothonotaries, clerks of the courts, clerks of orphans'

1court divisions and selected deputies) as directors or the
2offices were subsequently consolidated under section 2807
3(relating to consolidation of judicial records offices).

4(2) Subchapter D (relating to the orphans' court
5division judicial records office), where no separate clerk of
6the orphans' court division was authorized for the county
7prior to the transfer of powers and duties under section
81905.1 or the offices were subsequently consolidated under
9section 2807.

10(b) Criminal matters.--Except as provided under subsection
11(a)(1), the civil judicial records office shall not exercise the
12powers and perform the duties of the criminal judicial records
13office if the powers and duties of that office have been
14transferred under section 1905.1 or the office of the clerk of
15the courts if the powers and duties have not been transferred.

16(c) Probate, estates and fiduciary matters.--Except as
17provided under subsection (a)(2), the civil judicial records
18office shall not exercise the powers and perform the duties of
19the orphans' court judicial records office if the powers and
20duties of that office have been transferred under section 1905.1
21or the office of the clerk of the orphans' court division if the
22powers and duties have not been transferred.

23SUBCHAPTER C

24CRIMINAL JUDICIAL RECORDS OFFICE

25Sec.

262821. Applicability of this subchapter.

272822. Director of the criminal judicial records office.

282823. Selection and removal of the director of the criminal
29judicial records office.

302824. Seal.

12825. Criminal judicial records office.

22826. Staff of the criminal judicial records office.

32827. Matters or documents filed in the criminal judicial
4records office.

52828. Powers and duties of the criminal judicial records
6office.

7§ 2821. Applicability of this subchapter.

8The provisions of this subchapter shall apply to those
9counties where the powers and duties formerly held by the clerk
10of the courts, or its equivalent office if the office holding
11the powers and duties set forth under Subchapter C of Chapter 27
12(relating to clerks of the courts) is called by another name or
13combined with other offices, have been transferred to the
14criminal judicial records office under section 1905.1 (relating
15to county-level prothonotaries, clerks of the courts, clerks of
16orphans' court divisions and selected deputies) as directors.

17§ 2822. Director of the criminal judicial records office.

18(a) General rule.--Except as otherwise provided under this
19section, in each county of this Commonwealth to which this
20subchapter applies, there shall be one director of the criminal
21judicial records office for the county, who shall be known as
22the "Director of the Criminal Judicial Records Office of (the
23respective) County." The director of the criminal judicial
24records office shall be under the supervision and control of the
25president judge of the judicial district.

26(b) Director of consolidated offices.--If the office with
27the powers and duties of the criminal judicial records office
28under this subchapter is consolidated with one or more other
29judicial records offices, the director of the criminal judicial
30records office shall also be the director of the other office or

1offices which comprise the consolidated office and shall be as
2designated as provided in section 2807(f) (relating to
3consolidation of judicial records offices).

4(c) Multi-county judicial districts.--In multi-county
5judicial districts to which this subchapter applies, the
6director of the criminal judicial records office shall be the
7director of the criminal judicial records office of the branch
8of the court of common pleas established for the county in which
9the office is located unless the offices have been consolidated
10under section 2807(d).

11(d) Philadelphia.--In the first judicial district, the
12criminal judicial records office shall be structured as directed
13by the administrative governing board of the first judicial
14district or by the Supreme Court.

15§ 2823. Selection and removal of the director of the criminal
16judicial records office.

17The director of the criminal judicial records office shall be
18selected and removed in the manner provided under section 1905.1
19(relating to county-level prothonotaries, clerks of the courts,
20clerks of orphans' court divisions and selected deputies) as
21directors.

22§ 2824. Seal.

23The director of the criminal judicial records office shall
24have custody of a counterpart of the seal of the court or courts
25for which he is the director of the criminal judicial records
26office.

27§ 2825. Criminal judicial records office.

28(a) General rule.--There shall be a criminal judicial
29records office in each county of this Commonwealth to which this
30subchapter applies, which shall be supervised by the director of

1the criminal judicial records office for the county who shall,
2either personally, by deputy or by other duly authorized
3employees or agents of the office, exercise the powers, and
4perform the duties by law vested in and imposed upon the
5director of the criminal judicial records office or the criminal
6judicial records office. The criminal judicial records office
7may be consolidated with one or more other offices under section
82807 (relating to consolidation of judicial records offices).

9(b) Facilities and services.--The criminal judicial records
10office shall be provided with all necessary accommodations,
11goods and services under sections 2805 (relating to funding of
12judicial records offices) and 3722 (relating to general
13facilities and services furnished by county).

14§ 2826. Staff of the criminal judicial records office.

15(a) General rule.--The director of the criminal judicial
16records office may, subject to the approval of the president
17judge of the judicial district, appoint and remove such deputies
18and other administrative staff of the criminal judicial records
19office who are not members of the State judicial personnel
20system as may be necessary.

21(b) Compensation and duties.--The following shall apply:

22(1) The director of the criminal judicial records office
23may, subject to the approval of the president judge of the
24judicial district and except as otherwise provided by
25statute, home rule charter or optional plan of government,
26fix the compensation of the staff of the director's office
27who are not members of the State judicial personnel system.
28Where the compensation of the staff of the criminal judicial
29records office is fixed by a county salary board, the
30director shall be a member of the salary board for such

1purpose.

2(2) The director of the criminal judicial records office
3may, subject to the approval of the president judge of the
4judicial district and except as otherwise provided by
5statute, home rule charter or optional plan of government,
6fix the duties of the staff of the criminal judicial records
7office.

8§ 2827. Matters or documents filed in the criminal judicial
9records office.

10(a) General rule.--All applications for relief or other
11documents relating to the following matters shall be filed in or
12transferred to the criminal judicial records office:

13(1) Criminal matters, including all related motions and
14filings.

15(2) Road, liquor, municipal and other miscellaneous
16civil matters formerly within the jurisdiction of the courts
17of oyer and terminer, general jail delivery and quarter
18sessions of the peace.

19(3) Other matters to the extent provided by law or the
20local ordinance or resolution creating or recognizing the
21cause of action.

22(b) Exceptions.-- The following shall apply:

23(1) Subsection (a)(2) and (3) shall not be applicable in
24the fifth judicial district.

25(2) The director of the criminal judicial records office
26of any county may file in the civil judicial records office
27or the office of the prothonotary, whichever is applicable in
28the county, a written waiver of all or any part of subsection
29(a)(2) and (3), whereupon the provisions so waived shall not
30be applicable in the county.

1§ 2828. Powers and duties of the criminal judicial records
2office.

3The criminal judicial records office shall have the power and
4duty to:

5(1) Administer oaths and affirmations and take
6acknowledgments under section 327 (relating to oaths and
7acknowledgements), but shall not be compelled to do so in any
8matters not pertaining to the proper business of the office.

9(2) Affix and attest the seal of the court or courts to
10all the process thereof and to the certifications and
11exemplifications of all documents and records pertaining to
12the criminal judicial records office and the business of the
13court or courts of which it is the criminal judicial records
14office.

15(3) Enter all criminal judgments, including judgments by
16confession.

17(4) Exercise the authority of the director of the
18criminal judicial records office as an officer of the court.

19(5) Exercise such other powers and perform such other
20duties as may now or hereafter be vested in or imposed upon
21the office by law, home rule charter, order or rule of court,
22or ordinance of a county governed by a home rule charter or
23optional plan of government.

24SUBCHAPTER D

25ORPHANS' COURT DIVISION JUDICIAL RECORDS OFFICE

26Sec.

272831. Applicability of this subchapter.

282832. Director of the orphans' court division judicial records
29office.

302833. Selection and removal of director of the orphans' court

1division judicial records office.

22834. Seal.

32835. Orphans' court division judicial records office.

42836. Staff of the orphans' court division judicial records
5office.

62837. Matters or documents filed in the orphans' court division
7judicial records office.

82838. Powers and duties of the orphans' court division judicial
9records office.

10§ 2831.Applicability of this subchapter.

11The provisions of this subchapter shall apply to counties
12where the powers and duties formerly held by the clerk of the
13orphans' court division, or its equivalent office if the office
14holding the powers and duties set forth in Subchapter D of
15Chapter 27 (relating to clerks of orphans' court divisions) is
16referred to by another name or combined with other offices, have
17been transferred to the orphans' court division judicial records
18office under section 1905.1. (relating to county-level
19prothonotaries, clerks of the courts, clerks of orphans' courts
20division and selected deputies).

21§ 2832. Director of the orphans' court division judicial
22records office.

23(a) General rule.--There shall be a director of the orphans'
24court division judicial records office for the orphans' court
25division of the court of common pleas, who shall be known as the
26"Director of the Orphans' Court Division Judicial Records Office
27of (the respective) County." The director of the orphans' court
28division judicial records office shall be under the supervision
29and control of the president judge of the judicial district.

30(b) Director of consolidated offices.--If the office with
 

1the powers and duties of the orphans' court division judicial 
2records office under this subchapter is consolidated with one or 
3more other judicial records offices, the director of the 
4orphans' court division judicial records office shall also be 
5the director of the other office or offices which comprise the 
6consolidated office and shall be as designated as provided in 
7section 2807(f) (relating to consolidation of judicial records 
8offices).

9(c) Multi-county judicial districts.--In multi-county
10judicial districts to which this subchapter applies, the
11director of the orphans' court division judicial records office
12shall be the director of the orphans' court division judicial
13records office of the branch of the court of common pleas
14established for the county in which the office is located unless
15the offices have been consolidated under section 2807(d).

16§ 2833. Selection and removal of director of the orphans' court
17division judicial records office.

18The director of the orphans' court division judicial records
19office shall be selected and removed in the manner provided
20under section 1905.1 (relating to county-level prothonotaries, 
21clerks of the courts, clerks of orphans' court divisions and 
22selected deputies).

23§ 2834. Seal.

24The director of the orphans' court division judicial records
25office shall have custody of a counterpart of the seal of the
26court or courts for which he is the director of the orphans'
27court division judicial records office.

28§ 2835. Orphans' court division judicial records office.

29(a) General rule.--There shall be an orphans' court division 
30judicial records office in each county of this Commonwealth to

1which this subchapter applies, which shall be supervised by the 
2director of the orphans' court division judicial records office 
3for the county. The director of the orphans' court division 
4judicial records office shall either personally, by deputy or 
5other duly authorized employees or agents of the office, 
6exercise the powers and perform the duties by law vested in and 
7imposed upon the director of the orphans' court division 
8judicial records office or the orphans' court division judicial 
9records office. The orphans' court division judicial records 
10office may be consolidated with one or more other offices under 
11section 2807 (relating to consolidation of judicial records 
12offices).

13(b) Necessities.--The orphans' court division judicial
14records office shall be provided with all necessary
15accommodations, goods and services under sections 2805 (relating
16to funding of judicial records offices) and 3722 (relating to
17general facilities and services furnished by county).

18§ 2836. Staff of the orphans' court division judicial records
19office.

20(a) General rule.--The director of the orphans' court
21division judicial records office may, subject to the approval of
22the president judge of the judicial district, appoint and remove
23deputies and other administrative staff of the orphans' court
24division judicial records office who are not members of the
25State judicial personnel system as may be necessary.

26(b) Compensation.--The director of the orphans' court
27division judicial records office may, subject to the approval of
28the president judge of the judicial district and except as
29otherwise provided by statute, home rule charter or optional
30plan of government, fix the compensation of the staff of the

1director's office who are not members of the State judicial
2personnel system. Where the compensation of the staff of the
3orphans' court division judicial records office is fixed by a
4county salary board, the director shall be a member of the
5salary board for such purpose.

6(c) Duties.--The director of the orphans' court division
7judicial records office may, subject to the approval of the
8president judge of the judicial district and except as otherwise
9provided by statute, home rule charter or optional plan of
10government, fix the duties of the staff of the orphans' court
11division judicial records office.

12§ 2837. Matters or documents filed in the orphans' court
13division judicial records office.

14All matters to be heard or determined in the orphans' court
15division of a court of common pleas shall be filed in or
16transferred to the orphans' court division judicial records
17office.

18§ 2838. Powers and duties of the orphans' court division
19judicial records office.

20The orphans' court division judicial records office shall
21have the power and duty to:

22(1) Administer oaths and affirmations and take
23acknowledgments under section 327 (relating to oaths and
24acknowledgments), but shall not be compelled to do so in any
25matters not pertaining to the proper business of the office.

26(2) Affix and attest the seal of the court to all the
27processes of the court and to the certifications and
28exemplifications of all documents and records pertaining to
29the orphans' court division judicial records office and the
30business of the division.

1(3) Enter all orders of the court determined in the
2division, including judgments by confession.

3(4) Enter all satisfactions of judgments entered in the
4office.

5(5) Exercise the authority of the director of the
6orphans' court division judicial records office as an officer
7of the court.

8(6) Exercise any other powers and perform any other
9duties as may be vested in or imposed upon the office by law,
10home rule charter, order or rule of court or ordinance of a
11county governed by a home rule charter or optional plan of
12government.

13Section 8. Sections 3115, 3721(a)(3) and (c)(2)(ii) and
14(iii), 3733(a.1)(1)(ii), (iii) and (v), 4302(a) and (b),
154303(a), 4305(b), 4306(b) and (c), 4327(e), 4411(b), 4431(b) and
164553(b)(2) of Title 42 are amended to read:

17§ 3115. Certification of successful completion of course of
18training.

19Upon the successful completion of the course of training and
20instruction and examination, the Administrative Office shall
21issue to a person elected or appointed as a magisterial district
22judge, arraignment court magistrate or judge a certificate in
23the form prescribed by the board, certifying that such person is
24qualified to perform his duties as required by the Constitution
25of Pennsylvania. Such certificate shall be filed in the office
26of the clerk or the judicial records office of the court of
27common pleas of the judicial district embracing the district to
28be served by the magisterial district judge, arraignment court
29magistrate or judge.

30§ 3721. County judicial center or courthouse.

1(a) General rule.--There shall be maintained at the county
2seat of each county a facility known as the county judicial
3center, which may be the existing county courthouse. The
4facility shall provide accommodations and supporting facilities
5and services for the following functions, agencies and units of
6or related to the unified judicial system:

7* * *

8(3) The office of the clerk or the judicial records 
9office of the court of common pleas of the district and the
10administrative staff of the court, including the offices of
11the prothonotary, clerk of the courts and clerk of the
12orphans' court division, and the civil, criminal and orphans' 
13court division judicial records offices.

14* * *

15(c) Child-care facilities.--

16* * *

17(2) If a child-care facility is provided under paragraph
18(1):

19* * *

20(ii) In addition to any other court cost or filing
21fee authorized to be collected by law, an additional fee
22of $5 shall be charged and collected by the prothonotary,
23clerk of orphans' court, director of the civil judicial 
24records office, director of the orphans' court division 
25judicial records office and register of wills of the
26county or by any official designated to perform the
27functions thereof for the initiation of any civil action
28or legal proceeding.

29(iii) In addition to any other court cost or filing
30fee authorized to be collected by law, an additional fee

1of $5 shall be charged and collected by the clerk of
2courts or director of the criminal judicial records 
3office of the county or by any official designated to
4perform the functions thereof for the initiation of any
5criminal proceeding for which a fee, charge or cost
6authorized on the effective date of this subsection and
7for which a conviction is obtained or guilty plea is
8entered.

9* * *

10§ 3733. Deposits into account.

11* * *

12(a.1) Additional fees.--

13(1) In addition to the court costs and filing fees
14authorized to be collected by statute:

15* * *

16(ii) An additional fee of $10 shall be charged and
17collected by the prothonotaries, clerks of orphans'
18courts, directors of civil and orphans' court division 
19judicial records offices, and registers of wills of all
20courts of common pleas, or by any officials designated to
21perform the functions thereof, for the initiation of any
22civil action or legal proceeding.

23(iii) An additional fee of $10 shall be charged by
24the clerks of courts or directors of the criminal 
25judicial records offices of all courts of common pleas,
26or by any officials designated to perform the functions
27thereof, for the initiation of any criminal proceeding
28for which a fee, charge or cost is now authorized and a
29conviction is obtained or guilty plea is entered. The 
30additional fee under this subparagraph shall also be
 

1charged and collected when a defendant is granted entry 
2into Accelerated Rehabilitative Disposition or any other 
3pretrial diversionary program.

4* * *

5(v) An additional fee of $10 shall be charged and
6collected by the recorders of deeds and clerks of court
7or directors of judicial records offices, or by any
8officials designated to perform similar functions, for
9each filing of a deed, mortgage or property transfer for
10which a fee, charge or cost is now authorized. The 
11Supreme Court shall designate by financial regulations 
12which filings meet the criteria of this subparagraph.

13* * *

14§ 4302. Effect of records as notice.

15(a) Real property.--Except as otherwise provided by statute
16or prescribed by general rule adopted pursuant to section
171722(b) (relating to enforcement and effect of orders and
18process), every document affecting title to or any other
19interest in real property which is filed and indexed in the
20office of the clerk or judicial records office of the court of
21common pleas of the county where the real property is situated,
22or in the office of the clerk or judicial records office of the
23branch of the court of common pleas embracing such county in the
24manner required by the laws, procedures or standards in effect
25at the date of such filing shall be constructive notice to all
26persons of the filing and full contents of such document.

27(b) Documents relating to pending matters.--Documents
28relating to the pendency of a matter before any court filed in
29the office of the clerk or judicial records office of any court
30or other office within or related to and serving the unified

1judicial system shall be constructive notice to such persons, of
2such information and for such duration as may be provided by
3statute or prescribed by general rule adopted pursuant to
4section 4301 (relating to establishment and maintenance of
5judicial records).

6* * *

7§ 4303. Effect of judgments and orders as liens.

8(a) Real property.--Any judgment or other order of a court
9of common pleas for the payment of money shall be a lien upon
10real property on the conditions, to the extent and with the
11priority provided by statute or prescribed by general rule
12adopted pursuant to section 1722(b) (relating to enforcement and
13effect of orders and process) when it is entered of record in
14the office of the clerk of the court of common pleas or judicial 
15records office of the county where the real property is
16situated, or in the office of the clerk or judicial records 
17office of the branch of the court of common pleas embracing such
18county.

19* * *

20§ 4305. Federal judgments as liens.

21* * *

22(b) Filing requirement.--The certified transcript of the
23judgment of the United States court shall be filed in the office
24of the clerk or judicial records office of the court of common
25pleas of the county where the property is located unless the
26judgment was rendered by such United States court within the
27county where the property is located.

28* * *

29§ 4306. Enforcement of foreign judgments.

30* * *

1(b) Filing and status of foreign judgments.--A copy of any
2foreign judgment including the docket entries incidental thereto
3authenticated in accordance with act of Congress or this title
4may be filed in the office of the clerk or judicial records 
5office of any court of common pleas of this Commonwealth. The
6clerk or director of the judicial records office shall treat the
7foreign judgment in the same manner as a judgment of any court
8of common pleas of this Commonwealth. A judgment so filed shall
9be a lien as of the date of filing and shall have the same
10effect and be subject to the same procedures, defenses and
11proceedings for reopening, vacating, or staying as a judgment of
12any court of common pleas of this Commonwealth and may be
13enforced or satisfied in like manner.

14(c) Notice of filing.--

15(1) At the time of the filing of the foreign judgment,
16the judgment creditor or his attorney shall make and file
17with the office of the clerk or judicial records office of
18the court of common pleas an affidavit setting forth the name
19and last known post office address of the judgment debtor,
20and the judgment creditor. In addition, such affidavit shall
21include a statement that the foreign judgment is valid,
22enforceable and unsatisfied.

23(2) Promptly upon the filing of the foreign judgment and
24the affidavit, the clerk or director of the judicial records 
25office shall mail notice of the filing of the foreign
26judgment to the judgment debtor at the address given and
27shall make a note of the mailing in the docket. The notice
28shall include the name and post office address of the
29judgment creditor and the attorney for the judgment creditor,
30if any, in this Commonwealth. In addition, the judgment

1creditor may mail a notice of the filing of the judgment to
2the judgment debtor and may file proof of mailing with the
3clerk or director of the judicial records office. Lack of
4mailing notice of filing by the clerk or director of the 
5judicial records office shall not affect the enforcement
6proceedings if proof of mailing by the judgment creditor has
7been filed.

8* * *

9§ 4327. Transfer of custody to local museum upon application.

10* * *

11(e) Definition.--As used in this section "historical 
12document" means any document formerly belonging to a decedent or
13any other person, which document is more than 50 years old and
14which is in the custody of a register of wills, the recorder of
15deeds, the clerk of any court or the prothonotary or the 
16director of a judicial records office or the directors of a 
17civil, criminal and orphans' court division judicial records 
18office, except documents relating to adoption, divorce or
19custody.

20§ 4411. Duties of Court Administrator.

21* * *

22(b) List of certified interpreters.--The Court Administrator
23shall compile, maintain and disseminate a current list of
24interpreters certified by the Court Administrator for the courts
25through any means deemed appropriate by the Court Administrator,
26including, but not limited to, a written directory, which shall
27be maintained on file with the office of the clerk of courts or 
28the appropriate judicial records office in each judicial
29district, and through publication on the official World Wide Web
30site of the Administrative Office.

1* * *

2§ 4431. Duties of Court Administrator.

3* * *

4(b) List of certified interpreters.--The Court Administrator
5shall compile, maintain and disseminate a current list of
6interpreters certified by the Court Administrator for the courts
7through any means deemed appropriate by the Court Administrator,
8including, but not limited to, a written directory, which shall
9be maintained on file with the office of the clerk of courts or 
10the appropriate judicial records office in each judicial
11district, and through publication on the official World Wide Web
12site of the Administrative Office.

13* * *

14§ 4553. Expenses of investigating grand juries and trials
15resulting therefrom.

16* * *

17(b) Multicounty.--The expenses of any multicounty
18investigating grand jury shall be borne by the Commonwealth.

19* * *

20(2) The costs and expenses resulting from any trial of a
21person against whom a presentment has been issued by a
22multicounty investigating grand jury shall be borne by the
23Commonwealth. Costs and expenses under this subsection
24include, but are not limited to, all reasonable costs
25incurred by the county for the services of the courts, the
26trial jury, the sheriff, the clerk of courts, the director of 
27any judicial records office, the county prison, the district
28attorney and any public defender appointed by the court, and
29related costs and expenses incurred by the county in the
30course of the trial.

1* * *

2Section 9. Section 5741 of Title 42 is amended by adding a
3definition to read:

4§ 5741. Definitions.

5The following words and phrases when used in this subchapter
6shall have, unless the context clearly indicates otherwise, the
7meanings given to them in this section:

8"Judicial records office." As follows:

9(1) The judicial records office of the court of common
10pleas of each judicial district in which a professional
11bondsman engages in the business of a professional bondsman.

12(2) The criminal judicial records office in a county
13where such an office exists separately or is consolidated
14with another judicial records office.

15(3) In a multi-county judicial district, the judicial 
16records office for the branch of the court of common pleas 
17for the county in which a professional bondsman engages in 
18the business of a professional bondsman.

19* * *

20Section 10. Sections 5742(a), 5746(a), 5747, 6103(a)(2),
216157, 6333(a), 6363(a), 6602(d)(2), 8104(a), 8127(c) and (d)(1),
228141(6) and (7), 8142(d) and (e), 8152(a)(2), 8309(c) and (f),
238931(d) and (i) and 9728(b)(1), (2) and (3), (b.1) and (g) of
24Title 42 are amended to read:

25§ 5742. Registration and licensure required.

26(a) General rule.--No professional bondsman shall become
27surety on any undertaking, and no person shall engage in or
28continue to engage in business as a professional bondsman,
29unless he has been registered and is currently licensed as a
30professional bondsman by the Insurance Department as provided in

1this subchapter and has filed a copy of his license in the
2office of the clerk or the appropriate judicial records office 
3in the manner prescribed by general rules.

4* * *

5§ 5746. Suspension or revocation of license.

6(a) General rule.--Upon petition of the district attorney or
7by any interested person to suspend or revoke the license issued
8to any licensee under this subchapter, a rule shall issue out of
9the court of common pleas, returnable not less than ten days
10after the issuance thereof. It shall be sufficient service of
11the said rule upon any licensee to leave a copy thereof at the
12address filed by the licensee with the clerk or director of the 
13criminal judicial records office pursuant to this subchapter.

14* * *

15§ 5747. Statements by fidelity or surety companies.

16Any fidelity or surety company, authorized to act as surety
17within this Commonwealth, may execute an undertaking as surety
18by the hand of an officer, employee, agent, or attorney,
19authorized thereto by a resolution of its board of directors, a
20certified copy of which, under its corporate seal, shall be
21filed with the undertaking. Fidelity or surety companies engaged
22in the business of entering bail shall file, with the clerk of
23the court of common pleas or the director of the criminal 
24judicial records office and with the district attorney of each
25county in which bail is entered, a statement, quarterly on which
26shall appear a summary of all bail entered by such company
27during the previous quarter, together with the compensation
28charged therefor.

29§ 6103. Proof of official records.

30(a) General rule.--An official record kept within this

1Commonwealth by any court, magisterial district judge or other
2government unit, or an entry therein, when admissible for any
3purpose, may be evidenced by an official publication thereof or
4by a copy attested by the officer having the legal custody of
5the record, or by that officer's deputy, and accompanied by a
6certificate that the officer has the custody. The certificate
7may be made by any public officer having a seal of office and
8having official duties with respect to the government unit in
9which the record is kept, authenticated by the seal of that
10office, or if there is no such officer, by:

11* * *

12(2) The clerk or director of a judicial records office 
13of the court of common pleas of the judicial district
14embracing any county in which the government unit has
15jurisdiction, in the case of any government unit other than a
16Commonwealth agency.

17* * *

18§ 6157. Retention of records.

19When the copies of records are delivered to a party or his
20attorney of record for use in a deposition, they shall, after
21termination of the deposition, be delivered personally or by
22certified mail to the clerk or the judicial records office of
23the court or other body before which the action or proceeding is
24pending, and it shall be the responsibility of the party or
25attorney to transmit the receipt obtained to the custodian of
26the original records. When the records are received by the clerk
27or the judicial records office of a court or other body from a
28health care facility or from a party or his attorney of record,
29they shall be retained in the clerk's or the judicial records 
30office's custody at all times except when actually used in the

1action or proceeding. Upon issuance of a final order terminating
2a case, the copies of the records will be promptly filed in a
3manner that protects the confidentiality of the medical
4information contained in the records by the clerk or the 
5judicial records office of the court with all other documents
6pertaining to the case until such a time as the normal retention
7period for court records expires. The copies of records shall
8then be permanently disposed of by the clerk or the judicial 
9records office in a manner that protects the confidentiality of
10the medical information contained in the records. Should the
11case be appealed, the copies of records shall be forwarded to
12the appellate court with other documents pertaining to the case
13and retained and disposed of in the manner described in this
14section.

15§ 6333. Subpoena.

16(a) General rule.--Upon application of a child, parent,
17guardian, custodian, probation officer, district attorney, or
18other party to the proceedings, the court, master, or the clerk
19or director of the appropriate judicial records office of the
20court shall issue, or the court or master may on its own motion
21issue, subpoenas requiring attendance and testimony of witnesses
22and production of papers at any hearing under this chapter.

23* * *

24§ 6363. Ordering foreign supervision.

25(a) General rule.--Subject to the provisions of this chapter
26governing dispositions and to the extent that funds are
27available the court may place a child in the custody of a
28suitable person in another state. On obtaining the written
29consent of a juvenile court of another state which has adopted
30the Uniform Juvenile Court Act or a substantially similar law,

1which includes provisions corresponding to this section and
2section 6364 (relating to supervision under foreign order), the
3court of this Commonwealth may order that the child be placed
4under the supervision of a probation officer or other
5appropriate official designated by the accepting court. One
6certified copy of the order shall be sent to the accepting court
7and another filed with the clerk or the director of the 
8appropriate judicial records office of the requesting court of
9this Commonwealth.

10* * *

11§ 6602. Prisoner filing fees.

12* * *

13(d) Implementation of filing fee assessments.--

14* * *

15(2) No sooner than 60 days after notice of the denial in
16forma pauperis status or the assessment of partial filing
17fees, the prothonotary or the director of the civil judicial 
18records office shall enter a judgment of non pros in the
19action or strike the appeal if the fees remain unpaid. The
20action or appeal may be reinstated by the court for good
21cause shown.

22* * *

23§ 8104. Duty of judgment creditor to enter satisfaction.

24(a) General rule.--A judgment creditor who has received
25satisfaction of any judgment in any tribunal of this
26Commonwealth shall, at the written request of the judgment
27debtor, or of anyone interested therein, and tender of the fee
28for entry of satisfaction, enter satisfaction in the office of
29the clerk or the judicial records office of the court where such
30judgment is outstanding, which satisfaction shall forever

1discharge the judgment.

2* * *

3§ 8127. Personal earnings exempt from process.

4* * *

5(c) Duty of employer.--

6(1) For any wage attachment arising out of a residential
7lease, the employer shall send the attached wages to the
8prothonotary or the director of the civil judicial records 
9office of the court of common pleas within 15 days from the
10close of the last pay period in each month. The employer
11shall be entitled to deduct from the moneys collected from
12each employee the costs incurred from the extra bookkeeping
13necessary to record such transactions, not exceeding $5 of
14the amount of money so collected. If an employer is served
15with more than one attachment arising out of a residential
16lease against the same judgment debtor, then the attachments
17shall be satisfied in the order in which they were served.
18Each prior attachment shall be satisfied before any effect is
19given to a subsequent attachment, subject to subsection (a)
20(3.2). Upon receipt of the wages, the prothonotary or the 
21director of the civil judicial records office of the court of
22common pleas shall record and send said wages to the judgment
23creditor-landlord.

24(2) For any wage attachment not arising out of a
25residential lease, the employer shall send the attached
26withheld wages to the prothonotary or the director of the 
27civil judicial records office of the court of common pleas to
28be recorded, and upon receipt, the wages shall be sent to the
29creditor.

30(d) Duty of judgment creditor-landlord.--

1(1) Any judgment creditor-landlord who has received
2satisfaction of any judgment pursuant to this section shall
3enter satisfaction in the office of the clerk of the court or 
4the judicial records office where such judgment is
5outstanding, which satisfaction shall forever discharge the
6judgment.

7* * *

8§ 8141. Time from which liens have priority.

9Liens against real property shall have priority over each
10other on the following basis:

11* * *

12(6) Writs which when issued and indexed by the office of
13the clerk or the judicial records office of the court of
14common pleas create liens against real property, from the
15time they are issued.

16(7) Other instruments which when entered or filed and
17indexed in the office of the clerk or the judicial records 
18office of the court of common pleas create liens against real
19property, from the time they are left for entry or filing.

20§ 8142. Endorsement of time.

21* * *

22(d) Writs and amicable judgments.--The office of the clerk
23or the judicial records office of the court of common pleas
24shall endorse upon:

25(1) Each instrument on which an amicable judgment is
26entered or which otherwise creates a lien against real
27property, the time it was left for entry or filing.

28(2) Each writ creating a lien against real property, the
29time it was issued.

30(e) Docket entries.--The office of the clerk or the judicial
 

1records office of the court of common pleas shall note on the
2dockets in such office where each verdict, judgment, order,
3instrument or writ creating a lien against real property is
4entered, the time it was recorded, rendered, left for filing, or
5issued.

6§ 8152. Judicial sale as affecting lien of mortgage.

7(a) General rule.--Except as otherwise provided in this
8section, a judicial or other sale of real estate shall not
9affect the lien of a mortgage thereon, if the lien of the
10mortgage is or shall be prior to all other liens upon the same
11property except:

12* * *

13(2) Taxes, municipal claims and assessments, not at the
14date of the mortgage duly entered as a lien in the office of
15the clerk or the judicial records office of the court of
16common pleas.

17* * *

18§ 8309. Civil rights violations.

19* * *

20(c) Filing of court orders.--The prothonotary or the 
21director of the civil judicial records office of the court in
22which a civil action is brought under subsection (a) or (b)
23shall transmit two certified copies of any order issued in the
24action to each appropriate law enforcement agency having
25jurisdiction over locations where the defendant is alleged to
26have committed the act and where the defendant resides or has
27his principal place of business. The sheriff of the county in
28which the defendant resides shall serve a copy of the order on
29the defendant. Unless otherwise ordered by the court, service
30shall be by delivering a copy in hand to the defendant. Law

1enforcement agencies shall establish procedures adequate to
2ensure that all officers responsible for the enforcement of the
3order are informed of its existence and terms. When a law
4enforcement officer has probable cause to believe that a
5defendant has violated the provisions of an order, the officer
6may arrest him.

7* * *

8(f) Vacated orders.--When the court vacates a temporary
9restraining order or a preliminary or permanent injunction
10issued under this section, the prothonotary or the director of 
11the civil judicial records office shall promptly notify in
12writing each appropriate law enforcement agency which had been
13notified of the issuance of the order and shall direct each such
14agency to destroy all records of the order, and the agency shall
15comply with the directive upon receipt of the notification.

16§ 8931. Indictment and information.

17* * *

18(d) Duties of prosecuting attorneys.--Whenever a transcript
19of proceedings, complaint and all related papers in a criminal
20proceeding where the defendant has been held for court have been
21transmitted to the clerk of court or the director of the 
22criminal judicial records office or the officer designated by
23the court, such officer, after recording the same, shall
24immediately transmit the documents or a copy thereof to the
25district attorney. The district attorney or his designee shall
26have the duty to inquire into and make full examination of all
27the facts and circumstances connected with each such case to
28determine if the facts and circumstances warrant the filing of
29an information or informations premised upon the transcript. No
30information shall be filed by the district attorney concerning

1alleged criminal violations where a preliminary hearing has not
2been held or properly waived except as prescribed by general
3rules.

4* * *

5(i) Definition.--As used in this section "district attorney"
6includes a special attorney appointed by the Attorney General in
7the manner provided by statute, an acting district attorney and
8any assistant district attorney whose authority to act for the
9district attorney under this section is evidenced by a written
10designation executed by the district attorney or acting district
11attorney and filed with the clerk or the director of the 
12criminal judicial records office of the courts.

13§ 9728. Collection of restitution, reparation, fees, costs,
14fines and penalties.

15* * *

16(b) Procedure.--

17(1) The county clerk of courts or the director of the 
18criminal judicial records office shall, upon sentencing,
19pretrial disposition or other order, transmit to the
20prothonotary or the director of the civil judicial records 
21office certified copies of all judgments for restitution,
22reparation, fees, costs, fines and penalties which, in the
23aggregate, exceed $1,000, and it shall be the duty of each
24prothonotary or director of the civil judicial records office
25to enter and docket the same of record in his office and to
26index the same as judgments are indexed, without requiring
27the payment of costs as a condition precedent to the entry
28thereof.

29(2) The clerk of courts or the director of the criminal 
30judicial records office, in consultation with other

1appropriate governmental agencies, may transmit to the
2prothonotary or the director of the civil judicial records 
3office of the respective county certified copies of all
4judgments for restitution, reparation, fees, costs, fines and
5penalties which, in the aggregate, do not exceed $1,000, and,
6if so transmitted, it shall be the duty of each prothonotary
7or director of the civil judicial records office to enter and
8docket the same of record in his office and to index the same
9as judgments are indexed, without requiring the payment of
10costs as a condition precedent to the entry thereof.

11(3) The county clerk of courts or the director of the 
12criminal judicial records office shall, upon sentencing,
13pretrial disposition or other order, transmit to the
14Department of Probation of the respective county or other
15agent designated by the county commissioners of the county
16with the approval of the president judge of the county and to
17the county correctional facility to which the offender has
18been sentenced or to the Department of Corrections, whichever
19is appropriate, copies of all orders for restitution and
20amendments or alterations thereto, reparation, fees, costs,
21fines and penalties. This paragraph also applies in the case 
22of costs imposed under section 9721(c.1) (relating to 
23sentencing generally).

24* * *

25(b.1) Restitution file.--Upon receipt of each order from the
26clerk of courts or the director of the criminal judicial records 
27office as provided in subsection (b)(3), the department of
28probation of the respective county or other agent designated by
29the county commissioners of the county with the approval of the
30president judge of the county shall open a restitution file for

1the purposes of recording the amounts of restitution deducted by
2the Department of Corrections or county correctional facility or
3collected by the department of probation or the agent designated
4by the county commissioners of the county with the approval of
5the president judge of the county.

6* * *

7(g) Costs, etc.--Any sheriff's costs, filing fees and costs
8of the county probation department, clerk of courts, director of 
9the criminal judicial records office or other appropriate
10governmental agency, including, but not limited to, any
11reasonable administrative costs associated with the collection
12of restitution, transportation costs and other costs associated
13with the prosecution, shall be borne by the defendant and shall
14be collected by the county probation department or other
15appropriate governmental agency along with the total amount of
16the judgment and remitted to the appropriate agencies at the
17time of or prior to satisfaction of judgment.

18* * *

19Section 11. The following shall apply:

20(1) The provisions of this act are nonseverable. If any
21provision of this act or its application to any person or
22circumstance is held invalid, the remaining provisions or
23applications of this act are void.

24(2) This act shall be void if the provisions of 42
25Pa.C.S. § 1905.1(h)(1) are:

26(i) suspended by the judiciary;

27(ii) superseded by rule of court promulgated
28hereafter;

29(iii) ruled finally by a court of competent
30jurisdiction to be regulation of the practice of law; or

1(iv) otherwise rendered inoperative by judicial
2action.

3Section 12. Repeals are as follows:

4(1) The General Assembly declares that the repeal under
5paragraph (2) is necessary to effectuate the addition of 16
6Pa.C.S. §§ 1141, 1142, 1143, 1144, 1145 and 1146.

7(2) Article XV.1 of the act of August 9, 1955 (P.L.323,
8No.130), known as The County Code, is repealed.

9(3) The General Assembly declares that the repeal under
10paragraph (4) is necessary to effectuate the addition of 16
11Pa.C.S. § 1147.

12(4) Section 401.1 of act of July 28, 1953 (P.L.723,
13No.230), known as the Second Class County Code, is repealed.

14(5) The General Assembly declares that the repeal under
15paragraph (6) is necessary to effectuate the addition of 16
16Pa.C.S. §§ 1148, 1149, 1150, 1151 and 1152.

17(6) Sections 6, 7, 8, 10.1 and 11 of the act of November
181, 1971 (P.L.495, No.113), entitled, "An act providing for
19the compensation of county officers in counties of the second
20through eighth classes, for compensation of district
21attorneys in cities and counties of the first class, for
22compensation of district election officers in all counties,
23for the disposition of fees, for filing of bonds in certain
24cases and for duties of certain officers," is repealed.

25(7) The General Assembly declares that the repeal under
26paragraph (8) is necessary to effectuate the addition of 16
27Pa.C.S. § 1153.

28(8) Section 1 of the act of May 3, 1927 (P.L.516,
29No.332), entitled "An act fixing the salaries of the county
30controller, recorder of deeds and clerk of courts in counties

1of the third class," is repealed.

2(9) The General Assembly declares that the repeal under
3paragraph (10) is necessary to effectuate the addition of 16
4Pa.C.S. §§ 1161, 1162 and 1163.

5(10) Sections 1, 2.1 and 2.2 of the act of July 1, 1981
6(P.L.193, No.58), referred to as the Clerk of Orphans' Court
7Fee Law, are repealed.

8(11) The General Assembly declares that the repeal under
9paragraph (12) is necessary to effectuate the addition of 16
10Pa.C.S. §§ 1164, 1165, 1166 and 1167.

11(12) Sections 2, 2.1, 2.2 and 5 of the act of April 8,
121982 (P.L.303, No.85), known as the Second Class County
13Prothonotary Fee Act, are repealed.

14(13) The General Assembly declares that the repeal under
15paragraph (14) is necessary to effectuate the addition of 16
16Pa.C.S. § 1168.

17(14) Section 2.1 of the act of April 8, 1982 (P.L.310,
18No.87), referred to as the Recorder of Deeds Fee Law, is
19repealed.

20(15) The General Assembly declares that the repeal under
21paragraph (16) is necessary to effectuate the addition of 16
22Pa.C.S. § 1169.

23(16) Section 1 of the act of June 18, 1982 (P.L.547,
24No.158), referred to as the Clerk of Courts Fee Law, is
25repealed.

26(17) The General Assembly declares that the repeal under
27paragraph (18) is necessary to effectuate the addition of 16
28Pa.C.S. §§ 1171, 1172, 1173, 1174 and 1175.

29(18) Sections 1, 1.1, 1.2, 2 and 3 of the act of
30November 26, 1982 (P.L.744, No.203), referred to as the

1Prothonotary Fee Law, are repealed.

2(19) The General Assembly declares that the repeal under
3paragraph (20) is necessary to effectuate the addition of 16
4Pa.C.S. §§ 1181, 1182 and 1183.

5(20) Sections 1, 2 and 3 of the act of October 12, 1984
6(P.L.964, No.188), referred to as the Philadelphia Quarter
7Sessions Clerk Fee Law, are repealed.

8(21) The General Assembly declares that the repeal under
9paragraph (22) is necessary to effectuate the addition of 16
10Pa.C.S. § 1191.

11(22) Section 1 of the act of February 14, 1986 (P.L.5,
12No.3), referred to as the Second Class A County Clerk of
13Courts Fee Law, is repealed.

14(23) The General Assembly declares that the repeal under
15paragraph (24) is necessary to effectuate the addition of 16
16Pa.C.S. § 1192.

17(24) Section 3 of the act of February 14, 1986 (P.L.7,
18No.4), referred to as the Second Class A County Prothonotary
19Fee Law, is repealed.

20(25) The General Assembly declares that the repeal under
21paragraph (26) is necessary to effectuate the addition of 16
22Pa.C.S. § 1201.

23(26) Section 1791-E of the act of April 9, 1929
24(P.L.343, No.176), known as The Fiscal Code, is repealed.

25Section 13. A reference in any statute or part of a statute
26to:

27(1) "Clerk of the courts" shall be deemed a reference to
28the director of the criminal judicial records office in a
29county where the powers and duties of the clerk of the courts
30have been transferred under 42 Pa.C.S. § 1905.1.

1(2) "Clerk of the orphans' court division" shall be
2deemed a reference to the director of the orphans' court
3division judicial records office in a county where the powers
4and duties of the clerk of the orphans' court division have
5been transferred under 42 Pa.C.S. § 1905.1.

6(3) "Prothonotary" shall be deemed a reference to the
7director of the civil judicial records office in a county
8where the powers and duties of the prothonotary have been
9transferred under 42 Pa.C.S. § 1905.1.

10(4) The "office of the clerk of the court of common
11pleas" shall be deemed a reference to the judicial records
12office in a county where the powers and duties of the office
13of the clerk of the court of common pleas have been
14transferred under 42 Pa.C.S. § 1905.1.

15(5) "Recorder of deeds" shall be deemed a reference to
16the director of the appropriate judicial records office
17following transfer under 42 Pa.C.S. § 1905.1 in a county
18where the powers and duties of the recorder of deeds were
19combined with the prothonotary, clerk of the courts or clerk
20of the orphans' court division prior to the transfer.

21(6) "Register of wills" shall be deemed a reference to
22the director of the appropriate judicial records office
23following transfer under 42 Pa.C.S. § 1905.1 in a county
24where the powers and duties of the register of wills were
25combined with the prothonotary, clerk of the courts or clerk
26of the orphans' court division prior to the transfer.

27Section 14. This act shall take effect in 60 days.