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PRINTER'S NO. 277
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
363
Session of
2015
INTRODUCED BY WHITE, TEPLITZ, WARD, YUDICHAK, BOSCOLA AND VOGEL,
JANUARY 30, 2015
REFERRED TO JUDICIARY, JANUARY 30, 2015
AN ACT
Amending Titles 16 (Counties) and 42 (Judiciary and Judicial
Procedure) of the Pennsylvania Consolidated Statutes by:
--In Title 16:
In general provisions:
In salaries:
providing for counties of the third class,
for counties of the fourth class, for counties of
the fifth class, for counties of the sixth class,
counties of the seventh class, for counties of
the eighth class, for counties of the second
class, for recorder of deeds, for register of
wills, for court personnel and salaries, for
power of the county commissioners to fix salaries
of county officers, for multiple officeholders
and salaries and for salary of controller,
recorder of deeds and clerk of courts in counties
of the third class.
In fees:
providing for Orphans' Court in fifth through
eighth class counties, for Orphans' Court in
second through eighth class counties, for
additional fee for initiation in second class
counties, for prothonotaries and civil judicial
records offices in second class counties, for
establishment and modification of fees in second
class counties, for additional fee for initiation
in second class counties, for payment required,
for County Records Improvement Fund and for clerk
of courts or director of criminal judicial
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records fee.
In prothonotary or director fees:
providing for construction of terms, for fees
in counties of the second class A, third class,
fourth class, fifth class, sixth class, seventh
class and eighth class, and in home rule
counties, for increasing existing fees, for
automation fee for prothonotary's office or civil
judicial records office or consolidated judicial
records office and for similar service, payment
in advance and tax.
In fees for Municipal Court of Philadelphia:
providing for fee schedule, for fees for
similar service and for fees required before a
service is performed.
In fees in second class A counties:
providing for fees charged and collected and
for similar service, payment in advance and tax.
In reimbursement, providing for county court
reimbursement.
--In Title 42:
In general provisions, further providing for
definitions.
In general structure and powers, further providing
for oaths and acknowledgments.
In community and municipal courts:
In community courts, further providing for lien
of judgments.
In Pittsburgh Magistrates Court, further
providing for lien of judgment.
In traffic courts, further providing for signatures
and dockets.
In magisterial district judges, further providing for
lien of judgment.
In governance of the system, further providing for
personnel of the system and for establishment of fees and
charges.
In Administrative Office of Pennsylvania Courts:
further providing for availability of criminal
charge information in child custody proceedings; and
providing for county-level prothonotaries, clerks
of the courts, clerks of orphans' court divisions and
selected deputies.
In representation of litigants, further providing for
letters of attorney.
Providing for judicial records office.
In selection and retention of judicial officers,
further providing for certification of successful
completion of course of training.
In facilities and supplies, further providing for
county judicial center or courthouse and for deposits
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into account.
In dockets, indices and other records:
In establishment, maintenance and effect of
judicial records:
further providing for effect of records as
notice, for effect of judgments and orders as
liens, for Federal judgments as liens and for
enforcement of foreign judgments.
In disposition of obsolete records, further
providing for transfer of custody to local museum
upon application.
In court interpreters:
In court interpreters for persons with limited
English proficiency, further providing for duties of
Court Administrator.
In court interpreters for persons who are deaf,
further providing for duties of Court Administrator.
In juries and jurors, further providing for expenses
of investigating grand juries and trials resulting
therefrom.
In bonds and recognizances:
further providing for definitions, for
registration and licensure required, for suspension
or revocation of license and for statements by
fidelity or surety companies.
In rules of evidence, further providing for proof of
official records and for retention of records.
In juvenile matters, further providing for subpoena
and for ordering foreign supervision.
In prisoner litigation, further providing for
prisoner filing fees.
In judgments and other liens:
In general provisions, further providing for duty
of judgment creditor to enter satisfaction.
In exemptions from execution, further providing
for personal earnings exempt from process.
In priority of liens, further providing for time
from which liens have priority and for endorsement of
time.
In enforcement of judgments, further providing
for judicial sale as affecting lien of mortgage.
In particular rights and immunities, further
providing for civil rights violations.
In commencement of proceedings, further providing for
indictment and information.
In sentencing, further providing for collection of
restitution, reparation, fees, costs, fines and
penalties.
--Making repeals.
Under Article V of the Constitution of Pennsylvania and its
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establishment of the Unified Judicial System and consistent with
the authority of the General Assembly regarding expenditure of
Commonwealth funds under section 24 of Article III of the
Constitution of Pennsylvania and while otherwise expressly
reserving its appropriation and other legislative authority as
to the funding of the Unified Judicial System, it is the intent
of the General Assembly to facilitate the administration of the
Unified Judicial System by providing for the inclusion of
designated county prothonotaries, clerks of the courts and
clerks of orphans' court divisions and selected deputies within
the Unified Judicial System and for their compensation by the
Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 11 of Title 16 of the Pennsylvania
Consolidated Statutes is amended by adding subchapters to read:
SUBCHAPTER C
SALARIES
Sec.
1141. Counties of the third class.
1142. Counties of the fourth class.
1143. Counties of the fifth class.
1144. Counties of the sixth class.
1145. Counties of the seventh class.
1146. Counties of the eighth class.
1147. Counties of the second class.
1148. Recorder of deeds.
1149. Register of wills.
1150. Court personnel and salaries.
1151. Power of county commissioners to fix salaries of county
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officers.
1152. Multiple officeholders and salaries.
1153. Salary of controller, recorder of deeds and clerk of
courts in counties of third class.
§ 1141. Counties of the third class.
(a) County officers.--Except as provided in subsection (b),
the annual salaries of the following county officers of counties
of the third class shall be as follows:
(1) The sheriff, $12,480.
(2) The coroner, $9,120.
(3) The prothonotary, $11,520.
(4) The clerk of the courts, $11,520.
(5) The register of wills and ex officio clerk of the
orphans' court, $8,760.
(6) The recorder of deeds, $11,520.
(7) The county treasurer, $10,080.
(8) The county controller, $12,600.
(9) A county commissioner, $13,500.
(10) A jury commissioner, $1,680.
(11) The district attorney, $13,500.
(b) Reduction.--If the powers and duties of an office
subject to this section are transferred under 42 Pa.C.S. §
1905.1 (relating to county-level prothonotaries, clerks of the
court, clerks of the orphans' court division and selected
deputies), the county commissioners may reduce the salary for
the office to an amount they deem appropriate.
§ 1142. Counties of the fourth class.
(a) County officers.--Except as provided in subsection (b),
the annual salaries of the following county officers of counties
of the fourth class shall be as follows:
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(1) The district attorney, $12,000.
(2) The sheriff, $11,400.
(3) The prothonotary, $11,160.
(4) The clerk of courts, $11,160.
(5) The clerk of the orphans' court, other than the
register of wills acting as ex officio of orphans' court,
$11,160.
(6) The register of wills and ex officio of the orphans'
court, $8,760.
(7) The recorder of deeds, $11,160.
(8) The county treasurer, $9,840.
(9) A county commissioner, $12,000.
(10) The coroner, $8,400.
(11) A jury commissioner, $1,130.
(12) The county controller, where the office exists or
may be created, $11,160.
(b) Reduction.--If the powers and duties of an office
subject to this section are transferred under 42 Pa.C.S. §
1905.1 (relating to county-level prothonotaries, clerks of the
court, clerks of the orphans' court division and selected
deputies), the county commissioners may reduce the salary for
the office to an amount they deem appropriate.
§ 1143. Counties of the fifth class.
(a) County officers.--Except as provided in subsection (d),
the annual salaries of the following county officers of counties
of the fifth class shall be as follows:
(1) The sheriff, $9,600.
(2) The county comptroller, where the office exists,
$9,600.
(3) The coroner, $5,400.
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(4) The prothonotary, $9,600.
(5) The clerk of quarter sessions and oyer and terminer,
$9,600.
(6) The clerk of the orphans' court, $9,600.
(7) The register of wills, $9,600.
(8) The recorder of deeds, $9,600.
(b) Holding two or more offices.--If an officer under
subsection (a) holds two or more offices under subsection (a),
the officer shall receive $9,600.
(c) Other c ounty officers.--Except as provided in subsection
(d), the annual salaries of the following county officers of
counties of the fifth class shall be as follows:
(1) A county commissioner, $10,200.
(2) The county treasurer, $9,600.
(3) A jury commissioner, $900.
(4) The district attorney, $10,200.
(d) Reduction.--If the powers and duties of an office
subject to this section are transferred under 42 Pa.C.S. §
1905.1 (relating to county-level prothonotaries, clerks of the
court, clerks of the orphans' court division and selected
deputies), the county commissioners may reduce the salary for
the office to an amount they deem appropriate.
§ 1144. Counties of the sixth class.
(a) County officers.--Except as provided in subsection (d),
the annual salaries of the following county officers of counties
of the sixth class shall be as follows:
(1) The clerk of the court of quarter sessions, $8,400.
(2) The treasurer, $8,160.
(3) The controller, $8,400.
(4) The clerk of oyer and terminer, $1,100.
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(5) A clerk of the orphans' court, other than the
register of wills acting as ex officio of orphans' court,
$7,200.
(6) The prothonotary, $8,400.
(7) The recorder of deeds, $8,400.
(8) The register of wills, $7,200.
(b) Holding two or more offices.--If an officer under
subsection (a) holds two or more offices under subsection (a),
the officer shall receive the highest salary fixed for any of
the offices and the additional salary of $750.
(c) Other c ounty officers.--Except as provided in subsection
(d), the annual salaries of the following county officers of
counties of the sixth class shall be as follows:
(1) The sheriff, $8,400.
(2) A county commissioner, $9,350.
(3) The district attorney, $9,450.
(4) A jury commissioner shall receive $15 for each day
necessarily employed in the discharge of the jury
commissioner's duties. The compensation shall be paid from
the county treasury in the same manner as the salary or
compensation of other county officers and employees.
(5) A county auditor shall receive $20 per six hours of
work in the discharge of the auditor's duties, together with
10¢ per mile for travel from and to the auditor's home once
per day when employed as an auditor.
(6) The fees to be received by the coroner of each
county of the sixth class shall be as follows:
(i) Viewing a dead body, $18.
(ii) Summoning and qualifying inquest, drawing and
returning an inquisition, $9.50.
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(iii) Summoning and qualifying a witness, $3, to be
paid out of the goods, chattels, lands or tenements of
the slayer in a case of murder or manslaughter.
(iv) Executing process or a writ, the same fees as
allowed to the sheriff and the same mileage.
In a case of murder or manslaughter, a fee under this
paragraph shall be paid out of the goods, chattels, lands or
tenements of the slayer, if the slayer has goods, chattels,
lands or tenements. If not, the county shall bear the cost of
the fee together with mileage at the rate of 10¢ per mile
traveled to and from the courthouse and the place of viewing
the body.
(d) Reduction.--If the powers and duties of an office
subject to this section are transferred under 42 Pa.C.S. §
1905.1 (relating to county-level prothonotaries, clerks of the
court, clerks of the orphans' court division and selected
deputies), the county commissioners may reduce the salary for
the office to an amount they deem appropriate.
§ 1145. Counties of the seventh class.
(a) County officers.--Except as provided in subsection (b),
the annual salaries of the following county officers of counties
of the seventh class shall be as follows:
(1) The sheriff, $6,240.
(2) The district attorney, $6,500.
(3) The annual salary of a county commissioner shall be
$6,000.
(4) A jury commissioner shall receive $15 for each day
necessarily employed in the discharge of the commissioner's
duties. The compensation shall be paid from the county
treasury in the same manner as the salary or compensation of
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other county officers and employees.
(5) A county auditor shall receive $20 per six hours of
work in the discharge of the auditor's duties, together with
10¢ per mile for travel from and to the auditor's home once
per day when employed as an auditor.
(6) The prothonotary or a clerk of the several courts of
common pleas, quarter sessions of the peace, oyer and
terminer and orphans' courts, the register of wills and the
recorder of deeds, shall:
(i) Keep or cause to be kept, a fair and accurate
account of the fees received for a service performed by
them or a person employed by them in their respective
offices.
(ii) On the first Monday of January of each year,
furnish a copy of the account, upon oath or affirmation,
to the auditor appointed by the court to settle the
accounts of county officers.
(iii) Pay to the county treasurer for the use of the
county, after deducting the necessary clerk hire and
office expenses, 50% on the amount of an excess over the
sum of $7,200 that is found by the auditor, appointed by
the court to settle the accounts of county officers, to
have been received by an officer in a year, provided
that, if two or more of the offices are held by one
person, the auditor shall:
(A) add together the fees received in the
offices so held; and
(B) charge the same percentage on the aggregate
amount of fees received by the person holding more
than one of the offices.
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When completed, a copy of the report of the auditor shall be
presented by the auditor to the court of common pleas of the
county and filed among the records of the court. Thereafter,
the report shall have the force and effect of, and be subject
to the same procedure as applies to, the report of the county
auditors.
(7) In a case of murder or manslaughter, a fee to be
received by the coroner of a county of the seventh class
shall be paid by the slayer or the slayer's estate if
recovery is possible; otherwise, the county shall bear the
cost of the fee. The fees shall be as follows:
(i) Viewing a dead body, $18.
(ii) Summoning and qualifying inquest, drawing and
returning an inquisition, $9.50.
(iii) Summoning and qualifying a witness, $3.
(iv) Executing process or a writ, the same fees as
are allowed to the sheriff and the same mileage.
In a case of murder or manslaughter, a fee under this
paragraph shall be paid out of the goods, chattels, lands or
tenements of the slayer, if the slayer has goods, chattels,
lands or tenements. If not, the county shall bear the cost of
the fee together with mileage at the rate of 10¢ per mile
traveled to and from the court house and the place of viewing
the body.
(b) Reduction.--If the powers and duties of an office
subject to this section are transferred under 42 Pa.C.S. §
1905.1 (relating to county-level prothonotaries, clerks of the
court, clerks of the orphans' court division and selected
deputies) , the county commissioners may reduce the salary for
the office to an amount they deem appropriate.
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§ 1146. Counties of the eighth class.
(a) County officers.--Except as provided in subsection (b),
the annual salaries of the following county officers of counties
of the eighth class shall be as follows:
(1) The sheriff, in a county having a population of less
than 12,000, $4,080 and in a county having a population of
12,000 or more, but less than 20,000, $4,680.
(2) A county commissioner, in a county having a
population of less than 12,000, $3,380, and in a county
having a population of 12,000 or more, $4,290.
(3) The district attorney, $4,500.
(4) A county auditor shall receive $20 per six hours of
work in the discharge of the auditor's duties, together with
10¢ per mile for travel from and to the auditor's home once
per day when employed as an auditor.
(5) A jury commissioner shall receive $15 for a day
necessarily employed in the discharge of the commissioner's
duties. The compensation shall be paid from the county
treasury in the same manner as the salary or compensation of
other county officers and employees.
(6) The prothonotary or clerks of the several courts of
common pleas, quarter sessions of the peace, oyer and
terminer and orphans' courts, the register of wills and the
recorder of deeds shall:
(i) Keep or cause to be kept a fair and accurate
account of the fees received for services performed by
them or a person employed by them in their respective
offices.
(ii) On the first Monday of January of each year,
furnish a copy of the account, upon oath or affirmation,
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to the auditor appointed by the court to settle the
accounts of county officers.
(iii) Pay to the county treasurer for the use of the
county after deducting the necessary clerk hire and
office expenses 50% on the amount of any excess over and
above the sum of $7,200 that is found by the auditor,
appointed by the court to settle the accounts of county
officers, to have been received by an officer in a year,
provided that, if two or more of the offices is held by
one person, the auditor shall add together the fees
received in the offices held and charge the same
percentage on the aggregate amount of fees received by
the person holding more than one office.
When completed, a copy of the report of the auditor shall be
presented by him to the court of common pleas of the county
and filed among the records of the court. The report shall
thereafter have the force and effect of, and be subject to
the same procedure as applies to, the report of the county
auditors.
(7) In a case of murder or manslaughter, a fee to be
received by the coroner of a county of the eighth class shall
be paid by the slayer or the slayer's estate if recovery is
possible, otherwise and in all other cases by the county. The
fees shall be as follows:
(i) Viewing a dead body, $18.
(ii) Summoning and qualifying inquest, drawing and
returning all inquisitions, $9.50.
(iii) Summoning and qualifying each witness, $3.
(iv) Executing process or a writ, the same fees as
are allowed to the sheriff and the same mileage.
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In a case of murder or manslaughter, a fee under this
paragraph shall be paid out of the goods, chattels, lands or
tenements of the slayer, if the slayer has goods, chattels,
lands or tenements. If not, the county shall bear the cost of
the fee together with mileage at the rate of 10¢ per mile
traveled to and from the court house and the place of viewing
the body.
(b) Reduction.--If the powers and duties of an office
subject to this section are transferred under 42 Pa.C.S. §
1905.1 (relating to county-level prothonotaries, clerks of the
court, clerks of the orphans' court division and selected
deputies), the county commissioners may reduce the salary for
the office to an amount they deem appropriate.
§ 1147. Counties of the second class.
(a) County officers.--Except as provided in subsection (d),
the minimum annual salaries of the elected officers of counties
of the second class set forth in section 401 of the act of July
28, 1953 (P.L.723, No.230), known as the Second Class County
Code, shall be as follows:
(1) County commissioner, chairman, $41,540.
(2) County commissioners, other than chairman, $39,295.
(3) Controller, $36,181.
(4) Treasurer, $36,181.
(5) Coroner, $30,000.
(6) Recorder of deeds, $33,681.
(7) Prothonotary, $33,681.
(8) Clerk of courts, $33,681.
(9) Register of wills, $34,804.
(10) Sheriff, $30,000.
(11) Jury commissioner, $25,700.
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(b) Authority of county commissioners.--From and after the
effective date of this section, the county commissioners of
counties of the second class may fix the salary of the county
officers governed by the provisions of subsection (a).
(c) Prohibition.-- Except as provided in subsection (d), t he
county commissioners of counties of the second class may not
reduce the salary of a county officer below the amount set forth
in subsection (a).
(d) Reduction.--If the powers and duties of an office
subject to this section are transferred under 42 Pa.C.S. §
1905.1 (relating to county-level prothonotaries, clerks of the
court, clerks of the orphans' court division and selected
deputies), the county commissioners may reduce the salary for
the office to an amount they deem appropriate.
§ 1148. Recorder of deeds.
(a) General rule.--Except as provided in subsection (e), the
annual salary of a recorder of deeds shall be as follows:
(1) In a county of the second class, $30,000.
(2) In a county of the second class A, $26,500.
(3) In a county of the third class, $23,500.
(4) In a county of the fourth class, $21,500.
(5) In a county of the fifth class, $19,000.
(6) In a county of the sixth class, $17,000.
(7) In a county of the seventh class, $15,500.
(8) In a county of the eighth class, $14,000.
(b) Duties.--The recorder of deeds shall:
(1) Perform the duties required by law.
(2) Be the collection agent for the realty transfer tax
of this Commonwealth, including an amount payable upon a
redetermination of the amount of tax due.
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(3) Comply with the laws relating to the realty transfer
tax of this Commonwealth and the rules and regulations of the
Secretary of Revenue.
In order to ascertain the amount of taxes due when the property
is located in more than one county, the recorder of deeds may
not accept for recording the deed unless it is accompanied by an
affidavit showing what taxes are due each county.
(c) Local realty transfer tax.--The recorder of deeds shall
be the collection agent for a political subdivision levying a
local realty transfer tax, including an amount payable upon a
redetermination of the amount of tax due, without compensation
from the political subdivision. In order to ascertain the amount
of taxes due when the property is located in more than one
political subdivision, the recorder of deeds may not accept for
recording the deed unless it is accompanied by an affidavit
showing what taxes are due each municipality. On or before the
10th of each month, the recorder of deeds shall pay over to the
appropriate political subdivision the local realty transfer
taxes collected, less 2% for use of the county, together with a
report containing the information as is required by the
Commonwealth in reporting collections of the realty transfer tax
of this Commonwealth. The recorder of deeds shall pay the 2%
withheld to the county. The county shall obtain and pay the
premium or premiums on a bond necessary to cover the performance
of the recorder of deeds' duties under this subsection.
(d) Redetermination.--Upon a redetermination of the amount
of realty transfer tax due, the deed shall be rerecorded or the
additional realty transfer tax form shall be recorded at the
option of the recorder of deeds, but the recorder of deeds shall
rerecord the deed or record the additional realty transfer tax
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form only when both State and local amounts payable and a fee to
cover the costs of rerecording or recording have been tendered.
(e) Reduction.--If the powers and duties of a recorder of
deeds office are transferred under 42 Pa.C.S. § 1905.1 (relating
to county-level prothonotaries, clerks of the court, clerks of
the orphans' court division and selected deputies), the county
commissioners may reduce the salary for the office to an amount
they deem appropriate.
§ 1149. Register of wills.
(a) General rule.--Except as provided in subsection (c), the
annual salary of a register of wills shall be as follows:
(1) In a county of the second class, $30,000.
(2) In a county of the second class A, $26,500.
(3) In a county of the third class, $23,500.
(4) In a county of the fourth class, $21,500.
(5) In a county of the fifth class, $19,000.
(6) In a county of the sixth class, $17,000.
(7) In a county of the seventh class, $15,500.
(8) In a county of the eighth class, $14,000.
(b) Duties.--The registers of wills shall:
(1) Perform the duties required by law.
(2) Be the agent of the Commonwealth for the collection
of both the transfer inheritance and estate taxes of this
Commonwealth, in the case of a resident decedent, under the
supervision of the Secretary of Revenue and under the rules
and regulations of the Secretary of Revenue.
(c) Reduction.--If the powers and duties of a register of
wills office are transferred under 42 Pa.C.S. § 1905.1 (relating
to county-level prothonotaries, clerks of the court, clerks of
the orphans' court division and selected deputies), the county
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commissioners may reduce the salary for the office to an amount
they deem appropriate.
§ 1150. Court personnel and salaries.
(a) General rule.--Except as provided in subsection (b), the
annual salary of a prothonotary, clerk of the criminal court
division of the courts of common pleas and clerk of the orphans'
court division of the courts of common pleas shall be as
follows:
(1) In a county of the second class, $30,000.
(2) In a county of the second class A, $26,500.
(3) In a county of the third class, $23,500.
(4) In a county of the fourth class, $21,500.
(5) In a county of the fifth class, $19,000.
(6) In a county of the sixth class, $17,000.
(7) In a county of the seventh class, $15,500.
(8) In a county of the eighth class, $14,000.
(b) Reduction.--If the powers and duties of an office
subject to this section are transferred under 42 Pa.C.S. §
1905.1 (relating to county-level prothonotaries, clerks of the
court, clerks of the orphans' court division and selected
deputies) , the county commissioners may reduce the salary for
the office to an amount they deem appropriate.
§ 1151. Power of county commissioners to fix salaries of county
officers.
(a) Authority of commissioners.--After the effective date of
this section, the county commissioners may fix the salary of the
county officers governed by the provisions of sections 1148
(relating to recorder of deeds), 1149 (relating to register of
wills), 1150 (relating to court personnel and salaries) and 1152
(relating to multiple officeholders and salaries).
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(b) Manner of fixing salary.--A salary for the county
officers governed by the provisions of sections 1148, 1149, 1150
and 1152 shall be fixed by the county commissioners in the
following manner:
(1) The county commissioners shall cause notice of
intention to fix salaries at a special public meeting on a
date certain to be published in a newspaper of general
circulation at least 10 days in advance of the special public
meeting.
(2) The special public meeting shall be held during the
hours of 6 p.m. and 9 p.m., prevailing time, so as to afford
the public the greatest opportunity to attend.
(3) The special public meeting shall be held in a
centrally located area of the county.
(c) Limitation.--Except as provided in subsection (f), the
county commissioners may not reduce the salary of a county
officer below the amount set forth in sections 1148, 1149, 1150
and 1152.
(d) Prohibition.--A new salary schedule may not be adopted
in a calendar year in which the county commissioners are to be
elected.
(e) Increase.--A salary increase shall be on a percentage
basis and applied equally to all county officials except that
the county commissioners may provide a greater percentage salary
increase to the lowest paid county official, other than the jury
commissioners or county auditor, until the salary is equal to
the other county officials except the jury commissioners, county
auditors, district attorneys and county commissioners.
(f) Reduction.--If the powers and duties of an office
subject to this section are transferred under 42 Pa.C.S. §
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1905.1 (relating to county-level prothonotaries, clerks of the
court, clerks of the orphans' court division and selected
deputies), the county commissioners may reduce the salary for
the office to an amount they deem appropriate.
§ 1152. Multiple officeholders and salaries.
(a) General rule.--Except as provided in subsection (b),
where an officer mentioned under section 1148 (relating to
recorder of deeds), 1149 (relating to register of wills) or 1150
(relating to court personnel and salaries) holds two or more of
the offices for which a salary is fixed under section 1148, 1149
or 1150, the officer shall receive the highest salary fixed for
an office that the officer holds, plus an additional amount of
$2,000 per year. The periodic salary increases provided for in
section 1151 (relating to power of the county commissioners to
fix salaries of county officers) shall be applicable to this
section.
(b) Reduction.--If the powers and duties of an office
subject to this section are transferred under 42 Pa.C.S. §
1905.1 (relating to county-level prothonotaries, clerks of the
court, clerks of the orphans' court division and selected
deputies), the county commissioners may reduce the salary for
the office to an amount they deem appropriate.
§ 1153. Salary of controller, recorder of deeds and clerk of
courts in counties of third class.
(a) General rule.--Except as provided in subsection (b), the
salary, in a county of the third class, of the county
controller, the recorder of deeds and the clerk of courts shall
be $5,000 per year.
(b) Reduction.--If the powers and duties of an office
subject to this section are transferred under 42 Pa.C.S. §
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1905.1 (relating to county-level prothonotaries, clerks of the
court, clerks of the orphans' court division and selected
deputies), the county commissioners may reduce the salary for
the office to an amount they deem appropriate.
SUBCHAPTER D
FEES
Sec.
1161. Orphans' Court in fifth through eighth class counties.
1162. Orphans' Court in second through eighth class counties.
1163. Additional fee for initiation in second class counties.
1164. Prothonotaries and civil judicial records offices in
second class counties.
1165. Establishment and modification of fees in second class
counties.
1166. Additional fee for initiation in second class counties.
1167. Payment required.
1168. County records improvement fund.
1169. Clerk of courts or director of criminal judicial records
fee.
§ 1161. Orphans' Court in fifth through eighth class counties.
In counties of the fifth, sixth, seventh and eighth class,
the clerk of the Orphans' Court or the director of the Orphans'
Court division judicial records office shall charge the
following fees:
(1) Accounts filing, recording and setting up printed
copies of advertisement of accounts of trustees and
guardians, including certificate of the clerk or director:
(i) First page, $23.
(ii) Each additional page, $2.
(iii) Release attached to account:
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(A) Recording per name, $2.
(B) Each additional page, $2.
(2) Adjudications, omitting opinion and discussion:
(i) Recording, with recording certificate and
filing, $6.
(ii) First page of distribution, $6.
(iii) Each additional page, $2.
(iv) Copy of adjudication, exclusive of advertising,
$2 per page.
(3) All adoption proceedings, $18.
(4) All voluntary relinquishment proceedings, $12.50.
(5) Allowance for minor, etc., and petition and order,
$7.50.
(6) Appeal to an appellate court certificate of record
and bond, $30.
(7) Attachment, petition and writ, $6.
(8) Certificate of guardian or trustee appointment:
(i) First name, $2.
(ii) Each additional name, 50¢.
(9) Citation, including proof of service, $5.
(10) Commissions on money paid into court, 5% per year.
(11) Commitment, $2.
(12) Copy of issuing decree, excluding certificate, $3
per page.
(13) Discharge of trustee and appointment of substitute
trustee, $6.
(14) Filing election to take under or against will,
$6.50.
(15) Issuing exemplification of record:
(i) First page, $10.
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(ii) Each additional page, $2.
(16) Extinguishing charge on lend, including certified
copy of final decree, $10.
(17) Family settlement, $12.50.
(18) Release, $2 per name.
(19) Satisfaction of award, $2.
(20) Guardian:
(i) Filing petition and appointment, $10.
(ii) Filing and approval of bond, $4.
(21) Marriage:
(i) License, including State tax, $5.
(ii) Consent, 50¢.
(22) Order to pay, including filing petition for order
and order, $6.50.
(23) Partition proceedings:
(i) One purpart, $30.
(ii) Each additional purpart, $4.
(24) Real estate or mortgage proceeding for distribution
of payment of debts:
(i) One purpart, $10.
(ii) Each additional purpart, $2.
(25) Specific performance of contract for sale of real
estate:
(i) Petition and order, $10.
(ii) Seal of court, $1.
(iii) Subpoena, $2.
(26) Appraisement:
(i) Personal property:
(A) Filing petition, copying and appointment of
appraisers, $6.50.
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(B) Filing proof of publication and
confirmation, $6.50.
(ii) Real property:
(A) Filing petition, copying and appointment of
appraisers, $6.50.
(B) Filing proof of publication and
confirmation, $6.
(iii) Exemption of spouse or child:
(A) Personal property:
(I) Claim.
(II) Appraisement.
(III) Proof of publication.
(IV) Confirmation, $5.
(B) Real property.
(I) Claim.
(II) Appraisement.
(III) Proof of publication.
(IV) Confirmation:
(a) For one purpart, $5.
(b) For each additional purpart, $2.
(iv) Petition for appointment of appraisers, $2.
(v) Filing appraisement, proof of publication and
confirmation, when there is no administration or probate:
(A) Personal estate, $6.50.
(B) Real estate:
(I) For one purpart, $6.50.
(II) For each additional purpart, $2.
(27) Similar services not listed in this section, a fee
on the basis set forth in this section.
§ 1162. Orphans' Court in second through eighth class counties.
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In counties of the second, second A, third, fourth, fifth,
sixth, seventh and eighth class beginning August 31, 1981, the
clerk of the Orphans' Court or the director of the Orphans'
Court division judicial records office may establish, modify or
eliminate fees and charges with the approval of the president
judge.
§ 1163. Additional fee for initiation in second class counties.
In a county of the second class, the clerk of the Orphans'
Court or the director of the Orphans' Court division judicial
records office may charge and collect a fee in addition to the
fee under section 1162 (relating to Orphans' Court in second
through eighth class counties) for the initiation of an action
or proceeding. The additional fee shall be deposited into a
special computer fund established in the county. Money in the
fund shall be used by the clerk of the Orphans' Court, with the
approval of the president judge or director of the Orphans'
Court division judicial records office, solely for the purposes
of computerization and document reproduction in the office of
the clerk.
§ 1164. Prothonotaries and civil judicial records offices in
second class counties.
(a) Schedule.--In a county of the second class, the
prothonotary or director of the civil judicial records office of
the court of common pleas shall charge the following fees:
(1) F iling and docketing of a report or an account, $11.
(2) Appeals:
(i) Filing appeal to a court of Statewide
jurisdiction, $50.
(ii) Filing any other appeal, $35.
(3) Bonds, in surety or cash, approved by court or
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prothonotary or the director of the civil judicial records
office, $10.
(4) Certifications:
(i) Certification of certificate:
(A) For single page, $8.
(B) For each additional page, $2.
(ii) Exemplification:
(A) For single page, $20.
(B) For each additional page, $2.
(iii) Certification of notarial certificate, $15.
(iv) Certified copy of divorce decree, $10.
(v) Additional copy, $5.
(5) Commencement of action or proceeding, other than a
complaint in confession of judgment and commencement of a
Commonwealth tax lien, $45. The fee under this paragraph is a
composite fee which:
(i) includes the filing of all plaintiff's
pleadings, discovery or any other paper not otherwise
provided for in this section or section 1165 (relating to
establishment and modification of fees in second class
counties) or 1166 (relating to additional fee for
initiation in second class counties); and
(ii) excludes:
(A) trial and trial listing;
(B) judgment execution, attachment and revival;
and
(C) postjudgment paper.
(6) Acknowledgment of sheriff's or treasurer's deed, $5.
(7) Defendant's filings:
(i) The filing, on behalf of a defendant or
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additional defendant, of the first pleading or other
paper not otherwise provided for in this section, section
1165 or 1166, $15. The fee under this subparagraph is a
composite fee which:
(A) includes the filing of all defendant's
pleadings, discovery or any other paper not otherwise
provided for in this section or section 1165 or 1166;
and
(B) excludes:
(I) trial and trial listing;
(II) judgment execution, attachment and
revival; and
(III) postjudgment paper.
(ii) Filings of separate initial pleadings by
multiple defendants require a separate fee.
(8) Eminent domain:
(i) Commencement of action by declaration of taking
or petition for appointment of board of viewers, $35.
(ii) Initial fee for each premises, parcel or plot,
$1.
(9) Fictitious individual and corporate names:
(i) Filing application for registration of an
individual fictitious name, $41.50.
(ii) Filing application for registration of a
fictitious corporate name, $51.50.
(iii) Subsequent filing under subparagraph (i) or
(ii), including cancellation, $7.50.
(10) Funds on deposit:
(i) Receiving.
(ii) Distributing money paid into court.
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(A) 4% of each dollar under $501; and
(B) 1% for each dollar exceeding $500.
(11) Joinder, each additional defendant, except initial
action with appearance, $20.
(12) Judgment:
(i) Entry in action commenced in the county, $15.
(ii) Entry in action from another jurisdiction, $25.
(iii) Entry by agreement, $20.
(iv) Judgment by confession, $25.
(v) Complaint in confession of judgment, $25.
(vi) Assignment of judgment, $15.
(13) Liens:
(i) Filing Federal tax lien, mechanics' lien or lien
not covered under this section or section 1165 or 1166,
$10. This subparagraph includes a waiver, a "to the use
of lien" and all indexing.
(ii) Commencement of Commonwealth tax lien, $10.
This subparagraph:
(A) includes a complaint to use claims, a writ
of scire facias, all pleadings, a default judgment, a
filing of a paper and indexing; and
(B) excludes revival.
(14) Registration of notary public signature, $5.
(15) Interlocutory papers: Filing interlocutory paper
not included in a composite fee, $3.
(16) Filing interlocutory petition or motion not
included in a composite fee, $10.
(17) Filing power of attorney, including all services
and revocation, $20.
(18) Statutory filing partnership agreement or
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association, including subsequent papers and termination,
$30.
(19) Filing release of lien, $7.50.
(20) Filing writ of revival, petition, pleading and all
papers, $25.
(21) Searches:
(i) Certified judgment or lien search for each
period of five years or less, $20 per property.
(ii) Certified locality search for each period of
five years or less, $20 per property.
(iii) Fictitious and fictitious corporate name
searches:
(A) Certified search covering period beginning
January 1, 1953, and ending on date of search, from
the fictitious name or fictitious corporate name
index, $20.
(B) Certified search covering a given five-year
period or fraction of that period, $10.
(22) Subpoenas:
(i) Issuing a subpoena form, $2.
(ii) Producing a record in response to a subpoena
based on four-hour service, $20.
(iii) Service beyond four hours or fraction of four
hours, $15.
(iv) For each mile traveled round trip for service
out of county, 17¢.
(23) Suggestion of nonpayment, including averments, $20.
(24) Filing satisfaction, discontinuance or termination
type paper, $5.
(25) Trial and trial listings:
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(i) Jury fee when case is placed at issue or appeal
from arbitration demanding jury trial, $50.
(ii) Compulsory arbitration listing, $15.
(iii) Order for continuance, $15.
(iv) Certificate of readiness, $15.
(26) Issuing writ of execution or attachment, including
indexing, $20.
(b) Refunds.--If there is an overpayment of a fee, there
shall be no refund of an amount less than $5.
§ 1165. Establishment and modification of fees in second class
counties.
In counties of the second class, after April 7, 1982, the
prothonotary or director of civil judicial records office may
establish, modify or eliminate fees and charges with the
approval of the president judge.
§ 1166. Additional fee for initiation in second class counties.
In addition to the fee under section 1164 (relating to
prothonotaries and civil judicial records offices in second
class counties) or 1165 (relating to establishment and
modification of fees in second class counties), a fee may be
charged and collected by the prothonotary or director of the
civil judicial records office of the court of common pleas of a
county of the second class for the initiation of an action or
proceeding. The additional fee shall be deposited into a special
fund in the county to be used by the prothonotary or director of
the civil judicial records office solely for the purpose of
computerizing the office of the prothonotary or civil judicial
records office.
§ 1167. Payment required.
The prothonotary or director of the civil judicial records
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office shall receive a paper or perform a service until the
proper fee is paid.
§ 1168. County records improvement fund.
(a) Establishment.--There is established a county records
improvement fund in counties of the second class A, third,
fourth, fifth, sixth, seventh and eighth classes and home rule
charter counties of these classes.
(b) Sources.--In addition to the fee charged by a recorder
of deeds or by an equivalent officer in a home rule charter
county, a fee in the amount of $5 shall be charged and collected
for each document recorded. The fee shall be distributed in the
following manner:
(1) The amount of $3 shall be retained in a separate
fund within the office of the recorder of deeds to be used,
in accordance with regular county budgeting, contracting and
procurement practices, to support development and improvement
of office records management activities and systems in the
office of the recorder of deeds or in its equivalent in a
home rule charter county. Money in the separate fund shall
not be used to substitute allocations of general revenues for
the operation of the recorder's office without the express
consent of the recorder. The separate fund shall be audited
by the appropriate auditing agency, and any unexpended
balance, together with interest earned on the separate fund,
shall be left in the separate fund to accumulate from year to
year. At the close of the fiscal year four years after March
30, 1998, and every four years thereafter, unencumbered money
remaining in the separate fund shall be transferred to the
county records improvement fund.
(2) The amount of $2 shall be deposited in the county
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records improvement fund for use as prescribed in subsection
(c).
(c) Expenditure.--Funds deposited in the county records
improvement fund shall be expended in accordance with a
comprehensive records management plan based on the goal of
standardizing and equalizing the capabilities of all county
offices consistent with their need to receive, manage and
provide information to the public as efficiently as possible.
The plan shall be developed and administered in the following
manner:
(1) Each county shall establish a county records
improvement committee made up of the county commissioners,
the sheriff, the prothonotary, the clerk of court, the
register of wills, the director of any established judicial
records offices and the treasurer, or equivalent offices in a
home rule charter county. The committee shall assess the
relative records management capabilities and records
management needs of each office and develop recommendations
to the county commissioners for a comprehensive records
management plan consistent with the goal established in this
subsection.
(2) The county commissioners or their equivalent in a
home rule charter county shall adopt and provide for
administration of a comprehensive records management plan
that is based on the recommendations of the committee and is
consistent with the goal established in this subsection. The
plan may be amended from time to time in consultation with
the committee.
(3) The county records improvement fund shall be
expended and administered consistent with regular county
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budgeting, contracting and procurement practices and
administrative procedures. The county records improvement
fund shall be audited by the appropriate auditing agency and
any unexpended balance, together with interest earned on the
county records improvement fund, shall be left in the county
records improvement fund to accumulate from year to year.
§ 1169. Clerk of courts or director of criminal judicial
records fee.
In counties of the second through eighth class, the fees to
be charged and collected by the clerks of courts, the director
of criminal judicial records office or the equivalent officer in
a home rule county shall be as follows:
(1) A fee of not less than $35 nor more than $100 for
all proceedings in a misdemeanor or felony case disposed of
during or after trial.
(2) A fee of not less than $20 nor more than $75 for
each proceeding in a misdemeanor or felony case disposed of
before trial.
(3) The fees referred to in paragraphs (1) and (2):
(i) shall be set annually by the clerk of courts or
the director of the criminal judicial records office by
January 1; and
(ii) when added to other fees charged, must bear a
reasonable relationship to the amount necessary to
maintain and operate the office of clerk of courts or the
criminal judicial records office.
(4) A fee of $15 for each proceeding in a summary
matter.
(5) A fee of $5 for each certification.
(6) A fee of $10 for any other matters filed in the
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office and for each report prepared by the clerk or director.
No fee shall be charged under this paragraph for filing:
(i) a township or borough audit report; or
(ii) a transcript received which indicates a final
disposition by the magisterial district judge.
( 7) A fee of $25 for the filing of an appeal from a
summary conviction before a magisterial district judge.
(8) A fee of $30 for an appeal from the court of common
pleas.
(9) A fee of 3¢ per dollar for the first $1,000 and 1¢
per dollar for each additional $1,000 or fraction thereof for
the handling of money paid into court.
SUBCHAPTER E
PROTHONOTARY OR DIRECTOR FEES
Sec.
1171. Construction of terms.
1172. Fees in counties of the second class A, third class,
fourth class, fifth class, sixth class, seventh class
and eighth class and in home rule counties.
1173. Increasing existing fees.
1174. Automation fee for prothonotary's office or civil
judicial records office or consolidated judicial
records office.
1175. Similar service, payment in advance and tax.
§ 1171. Construction of terms.
The following apply to this chapter:
(1) Filing includes docketing, entering and indexing.
(2) A counterclaim is not to be considered as a
commencement of a new action.
(3) Procedures involved in joinder of additional
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defendants shall be considered as part of the original action
and not subject to separate charge.
(4) Garnishment proceedings shall not be considered as
commencement of a new action but shall be considered part of
execution.
(5) Proceedings on any lien other than revival shall be
interpreted as commencement of new action.
(6) Certification of a paper or giving of a memorandum
of filing may be included in the services enumerated and
rendered under this subchapter.
(7) Any action or proceeding to strike off or open a
judgment shall be considered as commencement of an action.
§ 1172. Fees in counties of the second class A, third class,
fourth class, fifth class, sixth class, seventh class
and eighth class and in home rule counties.
In counties of the second class A, third class, fourth class,
fifth class, sixth class, seventh class and eighth class and in
home rule counties, the following are the fees to be received by
the prothonotary or the director of the civil judicial records
office of the court of common pleas:
(1) Appeal from court of common pleas, $30.
(2) Acknowledgment from sheriff, treasurer or tax claim
bureau deed, $5.
(3) Filing assignment, $5.
(4) Filing of building agreement, waiver or stipulation,
$10.
(5) Certifications and exemplifications:
(i) Except as set forth in subparagraph (ii),
certification of a copy of a paper:
(A) First page, $3.
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(B) Each additional page, $1.
(ii) Certification of notary public or magisterial
district judge or a similar certification, $2.
(iii) Exemplification of record, $10.
(6) C ommencement of action:
(i) A fee of not less than $15 nor more than $50:
(A) shall be fixed annually by the prothonotary
or the director of the civil judicial records office
of the court of common pleas by January 1; and
(B) when added to all other fees charged, must
bear a reasonable relationship to the amount
necessary to maintain and operate the office of the
prothonotary or civil judicial records office.
(ii) After an action has been commenced, no other
fees shall be payable except as set forth in this
subchapter.
(iii) In a divorce action, an additional fee not to
exceed $15 may be charged for each count in the complaint
in excess of the count requesting the divorce.
(7) Filing of praecipe for writ of execution, including
attachment and possession and any other method of execution
not provided for in this chapter and including incident
services, $15.
(8) Entry of final judgment or decree by any manner,
including all services, $9.
(9) Filing of lien, including certified copy, $9.
(10) Notary public: Registration of signature of notary
public, $2.
(11) Poundage:
(i) For the handling of money paid into court for
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each dollar of the first $1,000, 3¢.
(ii) For each dollar of each additional $1,000 or
fraction of $1,000, 1¢.
(12) Revivals: For each entry of judgment:
(i) Continuing a lien not reduced to judgment, $9.
(ii) Reviving the lien of a judgment by an amicable
proceeding, $9.
(iii) Reviving the lien of a judgment by an adverse
proceeding, $15.
(13) For each subpoena, $2.
(14) For a search of a record or index, including
certification:
(i) Five years, $5.
(ii) Each reference, $1.
(15) For the entrance of a satisfaction, release,
postponement, assignment or subordination of each encumbrance
or lien by power of attorney or otherwise, or for the
entrance of a settlement, discontinued ending or termination
of a civil action at law or in equity, $5.
(16) If an arbitration proceeding is processed by the
prothonotary or the director of the civil judicial records
office, $15.
§ 1173. Increasing existing fees.
(a) General rule.--In a county of the second class A, third
class, fourth class, fifth class, sixth class, seventh class and
eight class, including a home rule county of the same class, the
prothonotary or the director of the civil judicial records
office may increase a fee or charge that exists on the effective
date of this section with the approval of the president judge.
The amount of an increase may not be greater than the aggregate
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of the Consumer Price Index from the month in which the fee was
last established through June 1998.
(b) Periodic adjustment.--The amount of a fee or charge
increased under subsection (a) may be increased every three
years, except that the amount of the increase may not be greater
than the percentage of increase in the Consumer Price Index for
Urban Workers for the immediate three years preceding the last
increase in the fee or charge.
§ 1174. Automation fee for prothonotary's office or civil
judicial records office or consolidated judicial
records office.
(a) Imposition.--In addition to any other fee authorized by
law, an automation fee of not more than $5 may be charged and
collected by the prothonotary or the director of the civil
judicial records office of a county of the second class A, third
class, fourth class, fifth class, sixth class, seventh class and
eighth class, including a home rule county of the same class,
for the initiation of an action or legal proceeding.
(b) Deposit.--The automation fee under subsection (a) shall
be deposited into a special prothonotary or director of the
civil judicial records office automation fund established in
each county. Money in the special fund shall be used solely for
the purpose of automation and continued automation update of the
office of the prothonotary or the civil judicial records office.
§ 1175. Similar service, payment in advance and tax.
(a) Similar service.--A fee for a service not provided for
under this subchapter or included in another service shall be
the same as for similar service.
(b) Advance payment.--The prothonotary or the director of
the civil judicial records office shall not be required to enter
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on the docket a suit or action or order of court, a judgment or
perform a service for a person, political subdivision or the
Commonwealth until the requisite fee is paid.
(c) Tax.--A fee enumerated under this subchapter shall be in
addition to a tax levied by the Commonwealth.
SUBCHAPTER F
FEES FOR PHILADELPHIA MUNICIPAL COURT
Sec.
1181. Fee schedule.
1182. Fees for similar service.
1183. Fees required before a service is performed.
§ 1181. Fee schedule.
The following fees shall be charged and collected by the
judicial records office for matters filed in the Philadelphia
Municipal Court:
(1) Appointment of special investigator, $12.50.
(2) Appointment of special psychiatrist, $12.50.
(3) Bail-piece, $12.50.
(4) Bail bond entering of all types, including sign own
bail and release on recognizance, $10.
(5) Bail forfeitures, $12.50.
(6) Bench warrants, $10.
(7) Bench warrants withdrawal, $10.
(8) Bill of particulars and discovery, $12.50.
(9) Certified copy of record bill of information,
$12.50.
(10) Certified copy of disposition of criminal case,
$12.50.
(11) Certified copy of docket entries, $12.50.
(12) Common pleas court motion for new trial and in
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arrest of judgment, $10.
(13) Cost per one bill of information in each criminal
case, $100.
(14) Detective license application filing fee, $12.50.
(15) Exemplification of the record, $15.
(16) Expungements, $15.
(17) Felony, $75.
(18) Filing and entering appeals to Commonwealth,
Superior or Supreme Court, $40.
(19) Filing, docketing and certifying any petitions,
applications or motions not provided for under this section,
$12.50.
(20) Funeral petitions, $12.50.
(21) Habeas corpus, $10.
(22) Misdemeanor, $50.
(23) Motion to quash municipal court transcript, $12.50.
(24) Motion to quash bills of information, $12.50.
(25) Motion to suppress, $12.50.
(26) Omnibus pretrial motion for relief, $15 flat rate.
(27) Pennsylvania Liquor Control Board appeal, $12.50.
(28) Producing a record in response to subpoena, $25.
(29) Probation and parole matters, $12.50.
(30) Petition for bail or bail reduction, $12.50.
(31) Petition for change of venue, $12.50.
(32) Recognizance, forfeited, respited and indexing any
common pleas court, $12.50.
(33) Return of confiscated property, $12.50.
(34) Any proceeding under Rule #1100 or #6013, $12.50.
(35) Reconsideration of sentence, $12.50.
(36) Short certificate and seal, $5.
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(37) Subpoena and seal, $2.
(38) Nontraffic related summary citation, $25.
(39) Withdrawal of counsel, $12.50.
§ 1182. Fees for similar service.
The fee for a service not provided for under this subchapter
shall be, at the discretion of the clerk or the director, the
same as for a similar service.
§ 1183. Fees required before a service is performed.
The clerk or the director may not be required to perform a
service until the requisite fee is paid.
SUBCHAPTER G
FEES IN SECOND CLASS A COUNTIES
Sec.
1191. Fees charged and collected.
1192. Similar service, payment in advance and tax.
§ 1191. Fees charged and collected.
The fees to be charged and collected in a second class A
county by the clerk of courts or the director of the criminal
judicial records office , or his or her counterpart in a home
rule county of the second class A, shall be as follows:
(1) A fee of not less than $35 nor more than $150 for
each proceeding in each misdemeanor and felony case disposed
of at any time during or after trial.
(2) A fee of not less than $20 nor more than $125 for
each proceeding in each misdemeanor and felony case disposed
of before trial.
(3) The following shall apply:
(i) Except as provided under subparagraph (ii), a
fee referred to under paragraphs (1) and (2) shall be set
annually by the clerk of courts or the director of the
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criminal judicial records office, or his counterpart in a
home rule county, on or before January 1 of each year.
(ii) Notwithstanding subparagraph (i), in calendar
year 1986 a fee referred to under paragraphs (1) and (2)
shall be set within 20 days and, when added to another
fee charged, shall bear a reasonable relationship to the
sum sufficient to maintain and operate the following:
(A) The office of clerk of courts or the
criminal judicial records office, or its counterpart
in a home rule county.
(B) The court administration's expenses
attributed to functions required to process criminal
actions.
(C) A reasonable share of the cost of
maintaining a public law library, as determined by
the commissioners.
(4) A fee of $15 for each proceeding in a summary
matter.
(5) A fee of $5 for each certification.
(6) A fee of $10 for any other matter filed in the
office and for each report prepared by the clerk or the
director, or his counterpart in a home rule county, except
that no fee shall be charged for filing township and borough
audit reports or transcripts received which indicate a final
disposition by the magisterial district judge.
(7) A fee of $25 for the filing of an appeal from a
summary conviction before a magisterial district judge.
(8) A fee of $30 for an appeal from the court of common
pleas to an appellate court.
(9) A fee of 3¢ per dollar for the first $1,000 and 1¢
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per dollar for each additional $1,000, or fraction of $1,000,
for the handling of money paid into court.
§ 1192. Similar service, payment in advance and tax.
(a) Similar service.--A fee for a service not provided for
under this subchapter or included in another service shall be
the same as for similar service.
(b) Advance payment.--The prothonotary or the director of
the civil judicial records office shall not be required to enter
on the docket a suit or action or order of court, a judgment or
perform a service for a person, political subdivision or the
Commonwealth until the requisite fee is paid.
(c) Tax.--A fee enumerated under this subchapter shall be in
addition to a tax levied by the Commonwealth.
SUBCHAPTER H
REIMBURSEMENT
Sec.
1201. County court reimbursement.
§ 1201. County court reimbursement.
Calculation and payment of a county court reimbursement shall
be as follows:
(1) Reimbursement to counties for costs incurred in the
administration and operation of courts of common pleas shall
be calculated and paid as follows:
(i) For each common pleas court judge, filled or
vacant, the calculation shall be based on $70,000 per
authorized position.
(ii) The calculated amounts in judicial districts
comprising more than one county shall be $70,000 per
authorized position. The amount allocated to each county
shall be determined by the proportion of the county's
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population in relation to the population of the entire
judicial district.
(iii) A county may not be reimbursed for costs above
the actual direct costs, excluding capital outlays,
incurred to operate the courts of common pleas.
(iv) A county's calculated grant may not be less
than 77.5% of the actual reimbursement for court costs
appropriated in fiscal year 1980-1981.
(v) Reimbursement shall be made to the county
treasurer and, in cities of the first class coterminous
with counties of the first class, to the city treasurer.
(2) The Court Administrator of Pennsylvania shall
calculate an amount estimated to be sufficient to pay for the
salary and benefits costs of personnel who are members of the
State judicial personnel system under 42 Pa.C.S. § 1905.1
(relating to county-level prothonotaries, clerks of the
court, clerks of the orphans' court division and selected
deputies). The amount shall be deducted from the
appropriation for county court reimbursements and used to
fund the costs as provided under 42 Pa.C.S. § 2806(b)
(relating to funding of judicial records offices).
(3) Each county's grant calculated under paragraph (1)
shall be proportionally reduced by the amount calculated by
the Court Administrator of Pennsylvania under paragraph (2)
so that the total grant payments do not exceed the net amount
available.
(4) The appropriation made under this section shall be a
continuing appropriation and shall not lapse at the end of
the fiscal year. If a surplus resulting from the
overestimation of salary and benefits costs under paragraph
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(2) occurs, the Court Administrator of Pennsylvania may make
an additional distribution of the surplus funds to be
calculated and paid as provided under paragraphs (1) and (3).
Section 2. The definitions of "administrative staff" and
"system and related personnel" in section 102 of Title 42 are
amended and the section is amended by adding definitions to
read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Administrative staff." All individuals employed in the
business of a court, including the personnel of the office of
the clerk of the court of common pleas or the judicial records
office, but the term does not include judicial officers or their
personal staff. The term includes the clerks or prothonotaries
of the Supreme Court, the Superior Court and the Commonwealth
Court and their staffs.
* * *
"Civil judicial records office." The office having the
powers and duties under Ch. 28 Subch. B (relating to civil
judicial records office).
* * *
"Criminal judicial records office." The office having the
powers and duties under Ch. 28 Subch. C (relating to criminal
judicial records office).
* * *
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"Director of the civil judicial records office." The officer
selected by the president judge of a judicial district to
exercise the powers and perform the duties under Ch. 28 Subch.
B.
"Director of the criminal judicial records office." The
officer selected by the president judge of a judicial district
to exercise the powers and perform the duties under Ch. 28
Subch. C.
"Director of the judicial records office." As follows:
(1) If the civil, criminal or orphans' court division
judicial records offices are consolidated into one office,
the officer selected by the president judge of a judicial
district under section 2808(f) (relating to c onsolidation of
judicial records offices ) to exercise control over the
judicial records office.
(2) If the civil, criminal or orphans' court division
judicial records offices are not consolidated into one
office, the director of an individual judicial records
office.
"Director of the orphans' court judicial records office."
The officer selected by the president judge of a judicial
district to exercise the powers and perform the duties under Ch.
28 Subch. D (relating to orphans' court division judicial
records office).
* * *
"Judicial records office." The administrative staff of the
courts of common pleas and the Philadelphia Municipal Court
responsible for the receipt of documents transmitted to the
court by litigants and the transmission of notice of orders
entered by and process issued under the authority of the court.
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* * *
"Orphans' court division judicial records office." The
office having the powers and duties under Ch. 28 Subch. D.
* * *
"System and related personnel." Personnel of the system and
related staff. The term includes district attorneys, public
defenders, sheriffs and other officers serving process or
enforcing orders, registers of wills, prothonotaries, clerks of
the courts, clerks of the orphans' court division, coroners,
directors of judicial records offices, directors of civil
judicial records offices, directors of criminal judicial records
offices, directors of orphans' court division judicial records
offices, jury commissioners, probation officials, and the
personnel of all of the foregoing.
* * *
Section 3. Section 327(a) of Title 42 is amended to read:
§ 327. Oaths and acknowledgments.
(a) General ability.--Each judicial officer, each clerk of
court, each retired or senior judge, director of a judicial
records office, director of a civil judicial records office,
director of a criminal judicial records office, director of an
orphans' court division judicial records office and such other
personnel of the system and jurors as may be designated by or
pursuant to general rules may administer oaths and affirmations
and take acknowledgments. An acknowledgment may be taken by a
member of the bar of the Supreme Court of Pennsylvania if the
document is thereafter certified to an officer authorized to
administer oaths. Certification by an attorney shall be in
accordance with 57 Pa.C.S. Ch. 3 (relating to Revised Uniform
Law on Notarial Acts) and shall include the attorney's Supreme
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Court identification number.
* * *
Section 4. Sections 1106, 1144, 1303, 1516, 1724(a)(5),
1725(c)(2), (3) and (6), (d) introductory paragraph and (11) and
(e) introductory paragraph and (3), 1725.1(a.1), 1725.4(a)(1)
and (b) and 1904(c) introductory paragraph, (2) and (4) and (d)
of Title 42 are amended to read:
§ 1106. Lien of judgments.
A judgment of a community court shall not operate as a lien
on real property until a transcript of the record showing a
final judgment in the community court has been filed in the
manner prescribed by general rules in the office of the clerk of
the court of common pleas or the judicial records office of the
county where the property is situated, or in the office of the
clerk or the appropriate judicial records office of the branch
of the court of common pleas embracing such county. After such
entry the judgment shall, from the date of such entry, be a lien
upon real property to the same extent that judgment recovered in
the court of common pleas is a lien. No such transcript shall be
filed until after 30 days after the entry of final judgment by
the community court. No execution against real estate shall
issue out of the community court.
§ 1144. Lien of judgment.
A judgment of the Pittsburgh Magistrates Court shall not
operate as a lien on real property until a transcript of the
record showing a final judgment of the Pittsburgh Magistrates
Court has been filed in the manner prescribed by general rules
in the office of the prothonotary or the appropriate judicial
records office of Allegheny County. After entry of the judgment,
the judgment shall, from the date of its entry, be a lien upon
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real property to the same extent that judgment recovered in the
court of common pleas is a lien. No transcript of the record
shall be filed until 30 days after the entry of final judgment
by the Pittsburgh Magistrates Court. No execution against real
estate shall be issued by the Pittsburgh Magistrates Court.
§ 1303. Signatures and dockets.
Facsimile signatures of traffic court judges may be used for
all purposes in lieu of their original signatures, except on
affidavits for warrants of arrest and on the docket of the
traffic court. Traffic court dockets shall contain a record of
the disposition of every case and where a fine and costs are
imposed shall record the amount of said fine and the amount of
costs. The docket shall in all cases, where a summons has been
issued, as to each case, be signed by the judge making the
disposition or in his name by the clerk of the traffic court or
the director of the criminal judicial records office, whichever
is applicable.
§ 1516. Lien of judgment.
A judgment of a magisterial district judge shall not operate
as a lien on real property until a transcript of the record
showing a final judgment of a magisterial district judge has
been filed in the manner prescribed by general rules in the
office of the clerk of the court of common pleas or the
appropriate judicial records office of the county where the
property is situated, or in the office of the clerk or the
appropriate judicial records office of the branch of the court
of common pleas embracing such county. After such entry the
judgment shall, from the date of such entry, be a lien upon real
property to the same extent that judgment recovered in the court
of common pleas is a lien. No such transcript shall be filed
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until after 30 days after the entry of final judgment by the
magisterial district judge. No execution against real estate
shall be issued by a magisterial district judge.
§ 1724. Personnel of the system.
(a) General rule.--Except as provided in subsection (b), the
governing authority shall exercise general supervisory and
administrative authority over the personnel of the system,
including the power to:
* * *
(5) Determine, from time to time, the hours when the
office of the clerk or the judicial records office and the
administrative and central offices of the system shall open
and close.
* * *
§ 1725. Establishment of fees and charges.
(c) Counties of the first class.--
* * *
(2) The fees to be received by the Prothonotary on
behalf of the Trial Division and as Clerk of the Family
Division of the Court of Common Pleas in counties of the
first class shall be as follows:
(i) Appeals:
The filing of an appeal to the Supreme,
Superior or the Commonwealth Court,
including all services .................... $161.00
The filing of any other appeal,
including, but not limited to, an appeal
from an award in compulsory arbitration, an
appeal from administrative agencies,
petition for a writ of certiori, appeals
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from the Municipal Court, appeals from the
Board of View and the Board of Revision of
Taxes ..................................... 86.00
(This appeal fee is exclusive of
any jury listing fee set forth in
this act. This fee does not include
the costs of compensation of
arbitrators. (See Pa.R.C.P.
No.1308))
(ii) Certifications:
Any certification or certificate ...... $27.00
Any exemplification ................... 54.00
If the same involves more than one
page, for each additional page ............ 3.00
(A certificate or certification is
defined as the authentication of
any record by affixing the seal of
the court. Includes letters
rogatory and interrogatories to
commissioners.)
(iii) Commencement of actions:
Commencement of any civil action ...... 172.00
(Commencement of action includes
the institution of any civil
action, divorce or adoption action
by writ of summons, complaint,
petition or report of intent to
adopt, the filing of any
partnership or association
agreements or any billing pursuant
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to the Bulk Sale Act.)
(iv) Automation maintenance fee:
Parties - to be paid at time of
commencement of action, appeal or
defendant's first filing .................. $5.00
Nonparty - providing docket entries for
a nonparty per docket entry each .......... 5.00
The funds generated by this computer
service charge shall be set aside by the
prothonotary or the director of the civil
judicial records office and remitted
monthly to the First Judicial District
procurement on behalf of the Court of
Common Pleas of the First Judicial
District. This fund shall be maintained in
a dedicated account which shall be used for
the development and implementation of
effective and efficient automation within
the Office of the Prothonotary or the civil
judicial records office as well as civil
computer hardware, services and programs in
the First Judicial District.
(v) Custody:
Custody, partial custody or visitation. $32.00
Respondent's first responsive filing .. 16.00
Other motions and petitions - (See
petitions and motions)
Thirteen percent of the funds generated by the
charge under this subparagraph shall be
transmitted by the prothonotary or the director
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of the civil judicial records office to the
Administrative Office to pay for the
implementation of section 1904 (relating to
availability of criminal charge information in
child custody proceedings).
(vi) Defendant's first filing:
The filing by or on behalf of any
defendant (or additional defendant) of an
entry of appearance, answer, preliminary
objections, writ to join (with entry of
appearance) or complaint against additional
defendant or any paper not otherwise
provided for in this paragraph. A pleading,
appearance or other paper not otherwise
provided for in this act filed on behalf of
more than one defendant shall require only
one fee. The filing of separate initial
pleadings by a defendant require a separate
fee ................................... $86.00
(vii) Divorce:
Commencement of action - (See
commencement of actions)
Defendant's first filing - (See
defendant's first filing)
Other petitions and motions - (See
petitions and motions)
Praecipe to transmit: ................. $43.00
Motion for appointment of permanent
master ................................ 322.00
(viii) Eminent domain:
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Commencement of action by declaration
of taking or petition for a board of view -
(See commencement of actions)
(x) Judicial education fee ............... $1.00
There shall be added to every
commencement of action fee and defendant's
first filing fee the additional sum of
$1.00 for the purpose of providing funding
for the continuing judicial education and
training for members of the judiciary of
the First Judicial District. The funds
generated by this charge shall be set aside
by the prothonotary or director of the
civil judicial records office and remitted
monthly to the First Judicial District
procurement to be maintained in a separate
account and used for judicial education and
training.
(xi) Judgments:
Judgment by confession or complaint in
confession of judgment (See Pa.R.C.P.
Nos.2950-2974) ............................ $54.00
Entry of judgment from other
jurisdiction .............................. 54.00
(xii) Liens and reimbursement agreements:
The filing of any Federal tax lien,
Commonwealth and municipal tax liens,
mechanics' lien or waiver of mechanics'
lien and any other lien not specifically
covered under this act .................... $21.00
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(Mechanics' lien fee does not
include commencement of action fee
when complaint is filed.)
(xiii) Petitions and motions:
The filing of any petition or motion,
excluding commencement of action (See
commencement of actions) .................. $27.00
(xiv) Name search ........................ $38.00
(xv) Subpoena:
Issuance of subpoena as authorized by
Pa.R.C.P. No.234.2 ........................ $5.00
Producing a record in response to
subpoena based on four-hour service or
fraction thereof .......................... $43.00
Service beyond four hours, per hour or
fraction thereof .......................... 11.00
For each mile traveled (round trip) for
service out of county ..................... 00.365
(xvi) Trial listing/jury demand .......... $161.00
(xvii) Record retention fee .............. $1.00
A record retention fee shall be added
to every motion or petition, excluding a
motion or petition which constitutes an
initial filing, the additional sum of $1.00
for the purpose of providing funding to
establish and maintain a record retention
program for the First Judicial District.
The funds generated by this charge shall be
set aside by the Prothonotary or the
director of the civil judicial records
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office and remitted monthly to the First
Judicial District procurement to be
maintained in a separate account and used
for record retention purposes.
(xviii) Prothonotary or director of the
civil judicial records office automation
development fee ............................... $5.00
In addition to any other fee authorized
by law, an automation fee may be charged
and collected by the prothonotary or
director of the civil judicial records
office upon initiation of any action or
legal proceeding. The automation fee shall
be deposited into a special prothonotary or
civil judicial records office automation
fund established for and maintained by the
First Judicial District of Pennsylvania.
Moneys deposited into the special
prothonotary or civil judicial records
office automation fund and any interest
accrued thereon shall be used solely for
the purpose of prothonotary or civil
judicial records office automation,
including automation updates.
(xix) The prothonotary or director of the
civil judicial records office is authorized,
with the approval of the President Judge, to
establish fees for services required by statute
or general rule which are not specifically
provided for in this paragraph. Any fees so
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established shall be the same as those imposed
for similar services. The prothonotary or
director of the civil judicial records office
shall not be required to receive any paper or
perform any service until the proper fee is
paid.
(xx) Refunds:
There will be no refund of any amount
less than $15. The jury fee when paid shall
not be refunded.
(xxii) Special court administration fee .. $5.00
There shall be added to every
commencement of action fee and defendant's
first filing fee the additional sum of
$5.00 for the purpose of providing funding
for the administration of gun and zone
courts in the First Judicial District. The
funds generated by this charge shall be set
aside by the prothonotary or the director
of the civil judicial records office and
remitted monthly to the First Judicial
District special gun and zone court fund.
The money in the fund and any interest
accrued thereon shall be used solely for
the purpose of administration of gun and
zone courts.
(xxiii) The fees enumerated in this
paragraph shall be exclusive of any tax, law
library surcharge or any other surcharge or
assessment existing or hereafter levied.
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(3) The fees to be received by the prothonotary or
director of the civil judicial records office on behalf of
the Philadelphia Municipal Court in civil actions shall be as
follows:
(i) Commencement of civil action $0 to
$2,000 ........................................ $20.00
(ii) Commencement of civil actions $2,001
to $12,000 .................................... $40.00
(iii) Commencement of landlord and tenant
civil actions $0 to $2,000 .................... $20.00
(iv) Commencement of landlord and tenant
actions $2,001 to $10,000 ..................... $40.00
(v) Commencement of landlord and tenant
civil actions over $10,000 .................... $60.00
(vi) Indexing ............................ $5.00
(vii) Writ of possession ................. $4.00
(viii) Motions (petitions) ............... $10.00
(ix) Additional defendant filing shall be
same as initial filing
(x) Counterclaim shall be same as initial
filing
(xi) Cross-claim shall be same as initial
filing
(xii) Setoffs shall be same as initial
filing
(xiii) Subpoena .......................... $3.00
(xiv) Writ of revival .................... $6.00
(xv) Record retention fee ................ $1.00
There shall be added to every motion the additional
sum of $1 for the purpose of providing funding for
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establishing and maintaining a record retention
program for the First Judicial District. The funds
generated by this charge shall be set aside by the
prothonotary or the director of the civil judicial
records office and remitted monthly to the First
Judicial District procurement to be maintained in a
separate account and used for record retention
purposes.
(xvi) Automation fee:
(A) Initial pleading in all civil
actions and landlord tenant actions $5.00
(B) All civil petitions and motions $2.00
The funds generated by this automation fee shall
be set aside by the prothonotary or the director
of the civil judicial records office and
remitted monthly to the First Judicial District.
(xvii) The fees enumerated in this
paragraph do not cover any costs for services
performed by the sheriff or other writ server.
Service of initial process shall be $27. All
other fees of the sheriff or other writ server
shall be in accordance with the sheriff's fee
bill applicable to Philadelphia County.
(xviii) The commencement of any action or
proceeding as well as complaints and all writs
shall be exempt from any library fee or taxes.
* * *
(6) (i) In counties of the first class, there
shall be charged and set apart by the officers
receiving the fees fixed under this section an
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amount equal to 20% of the filing fees at the
time in effect for the probate of wills, the
issue of letters testamentary, the issue of
letters of administration and the filing of
accounts with the register of wills, the filing
of accounts of trustees and guardians, and of
all filings in the office of the prothonotary or
the civil judicial records office of the court
of common pleas of the county.
(ii) The provisions of this paragraph shall
not apply to any actions taken or initiated by
any political subdivision.
(iii) The funds set aside shall be remitted
monthly to the First Judicial District and
deposited into a family court facility fund,
which is to be established and used by the First
Judicial District to fund the lease, purchase
and maintenance of appropriate family court
facilities and for related purposes.
(d) Counties of the second class.--In counties of the second
class, the prothonotary and the clerk of the orphans' court
division, or the directors of the civil and orphans' court
division judicial records offices, shall set apart from the fees
fixed in this subsection or under any other statute and
collected by them on the following actions, proceedings and
appeals and remit monthly the total collected to the county
treasurer for the exclusive use and benefit of the public law
library in the county:
* * *
(11) The sum of $1 for the filing of an account of
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fiduciary in the office of the clerk of the orphans' court
division [or in], the office of the prothonotary, the civil
judicial records office or the orphans' court division
judicial records office.
* * *
(e) Counties of the second class A.--In counties of the
second class A, the prothonotary, the register of wills and the
clerk of the court, and the directors of the civil, criminal and
orphans' court division judicial records offices shall set apart
from the fees fixed in this subsection or under any other
statute and collected by them on the following actions and
proceedings and remit monthly the total collected to the county
treasurer for the exclusive use and benefit of the public law
library in the county if the county commissioners so request and
in the amount they so request:
* * *
(3) The sum of not less than $5 nor more than $40 for
each misdemeanor or felony case processed by the clerk of
courts or director of the criminal judicial records office.
§ 1725.1. Costs.
* * *
(a.1) Custody cases.--Except as provided in section 1725(c)
(2)(v) (relating to establishment of fees and charges) and
subject to subsection (f), in a custody case, the court of
common pleas shall, in addition to the cost provided by general
rule, assess a cost of $5. Eighty percent of the funds generated
by the charge under this subsection shall be transmitted by the
prothonotary or the director of the civil judicial records
office to the Administrative Office to pay for the
implementation of section 1904 (relating to availability of
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criminal charge information in child custody proceedings).
* * *
§ 1725.4. Fee increases and automation fee.
(a) Increasing existing fees.--
(1) In counties of the second class A and the third
through eighth class, including home rule counties of the
same class, the clerk of courts or a director of a civil,
criminal or orphans' court division judicial records office
may increase any fee or charge that exists as of the
effective date of this section with the approval of the
president judge. The amount of any increase may not be
greater than the aggregate of the consumer price index from
the month in which the fee was last established through June
1998.
* * *
(b) Automation fee for clerk of courts or judicial records
office.--In addition to any other fee authorized by law, an
automation fee of not more than $5 may be charged and collected
by the clerk of courts or the director of a civil, criminal or
orphans' court division judicial records office of counties of
the second class A and the third through eighth class, including
home rule counties of the same class, for the initiation of any
action or legal proceeding. The automation fee shall be
deposited into a special clerk of courts or judicial records
office automation fund established in each county. Moneys in the
special fund shall be used solely for the purpose of automation
and continued automation update of the office of the clerk of
courts or the judicial records office.
§ 1904. Availability of criminal charge information in child
custody proceedings.
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* * *
(c) Application for access to criminal charge information.--
To obtain information about charges covered in 23 Pa.C.S. §
5329(a), a parent who has been awarded custody or partial
custody or who is a party to a custody proceeding must file an
application for access to the information with the office of the
prothonotary or the civil judicial records office in the county
where the proceeding or order was filed.
* * *
(2) The application must be filed with the prothonotary
or director of the civil judicial records office by one of
the following methods:
(i) In person, at the office of the prothonotary or
the civil judicial records office, by the parent who is
filing the application. The applicant must have a valid
form of photoidentification available for the inspection
of the prothonotary or the director of the civil judicial
records office.
(ii) By mailing a notarized application using first
class mail.
(iii) By including the application with the original
complaint, initial response or any other pleading or
motion filed with the prothonotary or the director of the
civil judicial records office.
* * *
(4) Applications shall be made available through county
prothonotaries or directors of civil judicial records
offices.
(d) Verification of application.--The prothonotary or
director of the civil judicial records office shall verify and
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transmit the application to the Administrative Office within six
business days.
(1) Verification consists of checking court records to
determine whether there exists an active custody proceeding
or valid custody order remaining in effect.
(2) The Administrative Office shall determine how the
application is to be transmitted.
* * *
Section 5. Title 42 is amended by adding a section to read:
§ 1905.1. County-level prothonotaries, clerks of the courts,
clerks of orphans' court divisions and selected
deputies.
(a) Applicability.--
(1) This section shall apply to all prothonotaries and
clerks of the courts, elected or appointed, including those
holding these or equivalent offices in home rule or optional
plan of government counties. In addition, this section shall
apply to any clerk of the orphans' court division or head of
an equivalent office whose office is combined with a
prothonotary or clerk of the courts office or equivalent
office as of the effective date of this section. For purposes
of this section, an equivalent office is one that possesses
any of the powers and duties held by the prothonotaries,
clerks of the courts or clerks of orphans' court divisions
under Chapter 27 (relating to Office of the Clerk of the
Court of Common Pleas).
(2) This section shall apply in those counties where one
or more of the offices described in paragraph (1) is combined
with either the office of the register of wills or the
recorder of deeds or both. In such counties the powers and
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duties of all other offices held in conjunction with the
prothonotary, clerk of the courts and clerk of the orphans'
court division office shall be transferred as provided in
this section.
(b) Transfer of elected officials.--
(1) An elected official described in subsection (a)
holding office on the effective date of this section may
choose to either transfer to the State judicial personnel
system or decline to do so and have his or her compensation
and benefits remain an obligation of the county.
(i) An elected official described in subsection (a)
holding office on the effective date of this section may
elect to transfer to the State judicial personnel system
and be compensated by the Commonwealth through the
Administrative Office of Pennsylvania Courts from funds
authorized for that purpose prior to the expiration of
his or her term by transmitting written notice of
election to the Court Administrator of Pennsylvania.
Upon receipt of the notice of election, the Court
Administrator will assign the official a date when their
transfer will become effective. On the date they become
State judicial personnel system employees, individuals
holding these or equivalent offices shall cease to be
officers of their respective counties.
(ii) An elected official described in subsection (a)
holding office on the effective date of this section may
decline to transfer to the State judicial personnel
system following the transfer of his or her office to the
unified judicial system under subsection (c) by
transmitting written notice of election to the Court
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Administrator of Pennsylvania. Upon receipt of the notice
of election, the Court Administrator will assign the
official a date when the transfer of his or her office
will become effective. An official who declines to
transfer to the State judicial personnel system will be
placed under the supervision and control of the president
judge of the judicial district following transfer of his
or her office. When the official subsequently vacates his
or her position, it will automatically transfer to the
State judicial personnel system.
(2) If an incumbent elected prothonotary, clerk of the
courts or clerk of the orphans' court division does not make
an election under paragraph (1), his or her office shall be
transferred to the State judicial personnel system either as
of the date his or her current term of office expires or the
date the office becomes vacant, whichever occurs first. For
the purposes of this subsection, the current term of office
refers to the term of office as of the effective date of this
section.
(c) Transfer of powers and duties of elected officials.--
Effective either on the date an elected official described in
subsection (a) is transferred to the State judicial personnel
system under subsection (b)(1)(i), the date his or her office is
transferred under subsection (b)(1)(ii) or the date his or her
office is transferred under subsection (b)(2), whichever is
applicable, the following shall occur:
(1) All powers and duties held by the elected official
and the official's offices under the Constitution of
Pennsylvania or existing statute or general rule shall be
transferred to the unified judicial system and placed under
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the supervision and control of the president judge of the
judicial district.
(2) All equipment, materials, supplies, facilities and
moneys under the official's or the official's offices control
shall be transferred to the unified judicial system and
placed under the supervision and control of the president
judge of the judicial district.
(3) The powers and duties formerly held by the
transferred office shall be transferred to the appropriate
office as provided in Chapter 27.
(d) Transfer of deputies of elected officials.--Selected
deputies of elected officials described in subsection (a) shall
be transferred to the State judicial personnel system on or
after the date the powers and duties of the officials' office
are transferred in accordance with subsection (c). The Court
Administrator of Pennsylvania shall establish the definition of
a deputy for purposes of this section and criteria for selection
of deputies to transfer to the State judicial personnel system
as well as the date when the transfer of individual deputies
will become effective.
(e) Offices supervised by appointed officials.--
(1) As of a date the Court Administrator of Pennsylvania
shall establish, the following shall be transferred to the
unified judicial system and placed under the supervision and
control of the president judge of the judicial district:
(i) Powers and duties held by a prothonotary's
office, clerk of the courts office, clerk of the orphans'
court division office or an equivalent office in a home
rule or optional plan of government that is supervised by
an appointed official in accordance with the Constitution
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of Pennsylvania or existing statute or general rule.
(ii) All equipment, materials, supplies, facilities
and moneys under their control.
(2) The official of the office supervising on the date
this section goes into effect shall have the option of
declining to transfer to the State judicial personnel system
as provided in subsection (b)(1)(ii). An official who
declines to transfer to the State judicial personnel system
will be placed under the supervision and control of the
president judge of the judicial district following transfer
of his or her office. When the official subsequently vacates
his or her position, it will automatically transfer to the
State judicial personnel system. Transfer of the appointed
official's deputies shall be governed by subsection (d).
(f) Compensation.--The Administrative Office of Pennsylvania
Courts shall establish salaries and other compensation for those
individuals entering the State judicial personnel system under
this section.
(g) Compensation plan.--The Administrative Office of
Pennsylvania Courts, with the approval of the Supreme Court,
shall, consistent with section 1724 (relating to personnel of
the system), establish a plan for use on an ongoing basis for
compensation of those individuals entering the State judicial
personnel system in accordance with this section and their
successors.
(h) Selection, removal and vacancies.--
(1) If a vacancy occurs in an office included in the
State judicial personnel system under this section, the
vacancy shall be filled, subject to the approval of the
Supreme Court, by the president judge with the prior approval
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of the Court Administrator of Pennsylvania.
(2) No director or deputy of a judicial records office
who is a member of the State judicial personnel system may be
removed without the prior written approval of the Court
Administrator of Pennsylvania.
(3) The Court Administrator of Pennsylvania, with the
approval of the Supreme Court, shall establish standards and
qualifications for individuals appointed to fill vacancies
under paragraph (1).
(i) Applicable personnel policies.--As of the date of
transfer, a person transferred in accordance with this section
shall be subject to all policies governing the personnel of the
unified judicial system.
Section 6. Section 2504(a) of Title 42 is amended to read:
§ 2504. Letters of attorney.
(a) General rule.--All letters of attorney authorizing acts
relating to instruments or judgments may, if duly acknowledged,
be filed in the office of the clerk of the court of common pleas
or the appropriate judicial records office of any county. Such
filing shall be deemed a recording for the purposes of section
6106 (relating to certified exemplifications of records).
* * *
Section 7. Title 42 is amended by adding a chapter to read:
CHAPTER 28
JUDICIAL RECORDS OFFICES
Subch.
A. Preliminary Provisions
B. Civil Judicial Records Office
C. Criminal Judicial Records Office
D. Orphans' Court Division Judicial Records Office
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SUBCHAPTER A
PRELIMINARY PROVISIONS
Sec.
2801. Purpose and scope of chapter.
2802. Definitions.
2803. Place of filing of documents.
2804. Responsibility for creation, entry, maintenance and
certification of data and certification of amicable
judgments.
2805. Responsibility for reports to executive agencies.
2806. Funding of judicial records offices.
2807. Supervision of judicial records offices by president
judge.
2808. Consolidation of judicial records offices.
§ 2801. Purpose and scope of chapter.
(a) Purpose.--The purpose of this chapter is to facilitate
the prompt, fair and efficient administration of justice by
transitioning the powers and duties held by the prothonotaries,
clerks of the courts and clerks of orphans' court divisions into
judicial records offices consisting of a civil judicial records
office, a criminal judicial records office and an orphans' court
division judicial records office under section 1905.1 (relating
to c ounty-level prothonotaries, clerks of the courts, clerks of
orphans' court divisions and selected deputies) .
(b) Scope.--The provisions of this chapter shall apply to
those counties where some or all of the powers and duties
formerly held by the office of the clerk of the court of common
pleas, or its equivalent office, have been transferred to the
judicial records office under section 1905.1.
(c) Effect of other provisions of law.--The provisions of
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this chapter shall not be subject to any inconsistent statute,
home rule charter or optional plan of government in effect or
subsequently adopted.
§ 2802. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Equivalent office." An office that possesses any of the
powers and duties held by the prothonotaries, clerks of the
courts or clerks of orphans' court divisions under Chapter 27
(relating to O ffice of the Clerk of the Court of Common Pleas) .
§ 2803. Place of filing of documents.
Where jurisdiction of any matter is by law vested in a court
of common pleas or Philadelphia Municipal Court, all
applications for relief or other documents relating to the
matter shall be filed in or transferred to the appropriate
office specified under this chapter.
§ 2804. Responsibility for creation, entry, maintenance and
certification of data and certification of amicable
judgments.
The following shall apply:
(1) The directors of the civil judicial records office,
the criminal judicial records office and the orphans' court
division judicial records office shall:
(i) Be responsible for the accurate and timely
creation, entry, maintenance and certification of the
record of matters pending before or determined by the
courts of common pleas and the Philadelphia Municipal
Court, including data and reports relating thereto.
(ii) Within 30 days after the entry of any money
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judgment, other than upon a verdict or after a decision
by a court, deliver to the authorities who assess for
county tax purposes in the county where the judgment was
entered all of the following information:
(A) The date the judgment was entered.
(B) The amount of the judgment.
(C) The names of all parties to the proceeding
in which the judgment was entered.
(D) The addresses of the persons in favor of
whom the judgment was entered.
(E) The names and addresses of all assignees of
the judgment.
(2) Failure to perform the duties imposed by paragraph
(1)(ii) shall not impair the validity of any judgment or the
lien thereof.
§ 2805. Responsibility for reports to executive agencies.
(a) Community and Economic Development.--The civil judicial
records office shall certify to the Department of Community and
Economic Development a copy of any order of court incorporating,
merging, dissolving, annexing any territory from or to,
confirming the adoption, amendment or repeal of any home rule
charter or optional plan of government, or otherwise affecting
the corporate status of any municipality.
(b) Insurance Department.--The directors of the civil and
orphans' court judicial records offices shall make to the
Insurance Department such periodic or special reports concerning
matters commenced against any person subject to the supervision
of the Insurance Department as the Insurance Department may
specify by regulation.
(c) Office of Attorney General.--The directors of the civil
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and criminal judicial records offices shall make to the Office
of Attorney General such periodic or special reports concerning
criminal matters as the Office of Attorney General may specify
by regulation.
(d) Department of Labor and Industry.--The director of the
criminal judicial records office shall notify the Department of
Labor and Industry of every conviction under the act of May 18,
1937 (P.L.665, No.176), known as the Industrial Homework Law, if
the Department of Labor and Industry is not a party to the
proceedings.
(e) Department of Transportation.--The criminal judicial
records office shall comply with the reporting requirements of
75 Pa.C.S. (relating to vehicles).
(f) Department of Revenue.--The director of the criminal
judicial records office shall report to the Department of
Revenue, for the purposes of an audit of tax returns, the name
of any person convicted of selling, distributing, delivering or
manufacturing or possessing with intent to sell, distribute,
deliver or manufacture any controlled substance or designer drug
under the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, when the
value of the controlled substance or the designer drug, or
combination thereof, amounts to $1,000 or more. As used in this
subsection, the term "convicted" includes having pleaded guilty
or nolo contendere.
(g) Superseding administrative office procedures and
standards.--The manner of making any informational report
required by or under subsections (a), (b), (c), (d) and (e) or
by or under any other similar statute by the civil, criminal or
orphans' court judicial records office may be modified by
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procedures and standards prescribed under section 4301 (relating
to establishment and maintenance of judicial records) with the
approval of the Office of Attorney General.
§ 2806. Funding of judicial records offices.
(a) Purpose.--The purpose of this section is to ensure that
the salary and benefit costs of employees in offices transferred
under section 1905.1 (relating to county-level prothonotaries,
clerks of the courts, clerks of orphans' court divisions and
selected deputies) who are members of the State judicial
personnel system are fully funded and that all necessary
accommodations, goods and services continue to be furnished to
transferred offices as had previously been furnished prior to
transfer.
(b) Funding.--The salary and benefit costs of individuals
transferred under section 1905.1 shall be paid by the
Commonwealth through the Administrative Office of Pennsylvania
Courts under section 1153 (relating to s alary of controller,
recorder of deeds and clerk of courts in counties of third
class) .
(c) County obligations.--The funding set forth under
subsection (b) is intended to fund the salary and benefit costs
of employees in the transferred office or offices who are
members of the State judicial personnel system. Nothing in this
section shall be construed as relieving a county of its
obligations under section 3722 (relating to general facilities
and services furnished by county).
(d) Access to leave surplus.--If the funding provided under
this section is not sufficient to pay the salary and benefit
costs of individuals transferred under section 1905.1, the Court
Administrator may access the surplus of the fund established
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under section 2397(d) (relating to county payments for certain
leave), if any surplus exists.
§ 2807. Supervision of judicial records offices by president
judge.
In addition to the powers vested in a president judge by the
Constitution of Pennsylvania, by statute, by general rule or by
order of the governing authority, the president judge shall have
the following powers with regard to judicial records offices
transferred under section 1905.1 (relating to county-level
prothonotaries, clerks of the courts, clerks of orphans' court
divisions and selected deputies):
(1) General supervisory authority over the directors of
the civil, criminal and orphans' court division judicial
records offices in the judicial district.
(2) Select and remove, subject to the prior written
approval of the Court Administrator of Pennsylvania,
directors of the civil, criminal and orphans' court judicial
records offices and their deputies who are members of the
State judicial personnel system under section 1905.1(h) and
Pa.R.J.A. No. 503 (relating to staff).
(3) Request consolidation of two or more judicial
records offices under section 2808 (relating to consolidation
of judicial records offices).
§ 2808. Consolidation of judicial records offices.
(a) General rule.--Except as provided in subsection (b), in
the interests of fair, prompt and efficient administration of
justice, the Supreme Court may order that a judicial district's
judicial records offices be consolidated. The Supreme Court may
consolidate offices under this section upon request of the Court
Administrator of Pennsylvania or the president judge of the
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judicial district or upon its own motion.
(b) Limitations on consolidation.--Judicial records offices
shall not be consolidated if the directors of the offices to be
consolidated were transferred under section 1905.1 (relating to
county-level prothonotaries, clerks of the courts, clerks of
orphans' court divisions and selected deputies) as directors. If
only one of the directors of the offices to be consolidated were
director at the time of transfer under section 1905.1, the
offices may be consolidated provided that the director becomes
director of the consolidated office under subsection (f).
(c) Matters filed in the consolidated office.--Upon
consolidation, matters previously filed in the separate offices
that comprise the consolidated office shall be filed in the
consolidated office.
(d) Multicounty judicial districts.--In judicial districts
comprised of more than one county, judicial records offices from
separate counties may be combined provided an office to receive
filings is maintained in each county.
(e) Name of the consolidated office.--If the judicial
records offices are consolidated, the new office shall be known
as the "Judicial Records Office of (the respective) County." If
judicial records offices are consolidated, any reference in this
chapter to an individual office comprising the consolidated
office shall be read as referring to the consolidated office.
(f) Director of the consolidated office.--If judicial
records offices are consolidated under this section, there shall
be one director to supervise the consolidated office. The
director of a consolidated office shall have all of the powers
and duties described in this chapter of a director of the
individual offices that comprise the consolidated office. The
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director shall be known as the "Director of the (name of
consolidated office)."
(g) Offices consolidated prior to transfer.--The following
shall apply:
(1) If two or more of the offices governed by Chapter 27
(relating to office of the clerk of the court of common
pleas) were consolidated prior to transfer under section
1905.1, they shall remain consolidated following transfer
unless they are deconsolidated under subsection (h).
(2) An office consisting pretransfer of two offices
governed by Chapter 27 shall be known following transfer by
the designation provided under subsection (e).
(h) Deconsolidation.--In the interests of fair, prompt and
efficient administration of justice, the Supreme Court may order
that a judicial district's consolidated judicial records offices
be deconsolidated. The Supreme Court may deconsolidate offices
upon request of the Court Administrator of Pennsylvania or the
president judge of the judicial district or upon its own motion.
(i) Division.--
(1) The business of the administrative staff shall be
divided among the personnel of the civil judicial records
office, the criminal judicial records office and orphans'
court division judicial records office in the manner provided
under this chapter unless two or more of the offices were
consolidated prior to transfer under section 1905.1 or were
consolidated after transfer under section 2808 (relating to
consolidation of judicial records offices).
(2) For the purposes of this subsection, the
administrative staff shall mean the administrative staff of
the courts of common pleas and the Philadelphia Municipal
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Court responsible for the receipt of documents transmitted to
the court by litigants and the transmission of notice of
orders entered by and process issued under the authority of
the court.
SUBCHAPTER B
CIVIL JUDICIAL RECORDS OFFICE
Sec.
2811. Applicability of subchapter.
2812. Director of civil judicial records office.
2813. Selection and removal of director of civil judicial
records office.
2814. Seal.
2815. Civil judicial records office.
2816. Staff of civil judicial records office.
2817. Matters or documents filed in civil judicial records
office.
2818. Powers and duties of civil judicial records office.
2819. Incorrect debtor identified.
2820. Criminal, probate, estates and fiduciary matters.
§ 2811. Applicability of subchapter.
The provisions of this subchapter shall apply to those
counties where the powers and duties formerly held by the office
of the prothonotary, or its equivalent office if the office
holding the powers and duties set forth under Subchapter B of
Chapter 27 (relating to prothonotaries) is called by another
name or combined with other offices, have been transferred to
the civil judicial records office under section 1905.1 (relating
to county-level prothonotaries, clerks of the courts, clerks of
orphans' court divisions and selected deputies) as directors.
§ 2812. Director of civil judicial records office.
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(a) General rule.--Except as otherwise provided in this
section, in each county of this Commonwealth to which this
subchapter applies there shall be one director of the civil
judicial records office for the court of common pleas, who shall
be known as the "Director of the Civil Judicial Records Office
of (the respective) County." The director of the civil judicial
records office shall be under the supervision and control of the
president judge of judicial district.
(b) Director of consolidated offices.--If the office with
the powers and duties of the civil judicial records office under
this subchapter is consolidated with one or more other judicial
records offices, the director of the civil judicial records
office shall also be the director of the other office or offices
which comprise the consolidated office and shall be designated
as provided under section 2808(f) (relating to c onsolidation of
judicial records offices) .
(c) Multicounty judicial districts.--In multicounty judicial
districts to which this subchapter applies, the director of the
civil judicial records office shall be the director of the civil
judicial records office of the branch of the court of common
pleas established for the county in which the office is located
unless the offices have been consolidated under section 2808(d).
(d) Philadelphia.--In the first judicial district, the civil
judicial records office shall be structured as directed by the
administrative governing board of the first judicial district or
by the Supreme Court.
§ 2813. Selection and removal of director of civil judicial
records office.
The director of the civil judicial records office shall be
selected and removed in the manner provided under section 1905.1
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(relating to county-level prothonotaries, clerks of the courts,
clerks of orphans' court divisions and selected deputies).
§ 2814. Seal.
The director of the civil judicial records office shall have
custody of a counterpart of the seal of the court or courts for
which he is the director of the civil judicial records office.
§ 2815. Civil judicial records office.
(a) General rule.--There shall be a civil judicial records
office in each county of this Commonwealth to which this
subchapter applies which shall be supervised by the director of
the civil judicial records office for the county who shall,
either personally, by deputy or by other duly authorized
employees or agents of the office, exercise the powers and
perform the duties by law vested in and imposed upon the
director of the civil judicial records office or the civil
judicial records office. The civil judicial records office may
be consolidated with one or more other offices under section
2808 (relating to c onsolidation of judicial records offices) .
(b) Facilities and services.--The civil judicial records
office shall be provided with all necessary accommodations,
goods and services under sections 2806 (relating to funding of
judicial records offices) and 3722 (relating to general
facilities and services furnished by county).
§ 2816. Staff of civil judicial records office.
(a) General rule.--The director of the civil judicial
records office may, subject to the approval of the president
judge of the judicial district, appoint and remove such deputies
and other administrative staff of the civil judicial records
office who are not members of the State judicial personnel
system as may be necessary.
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(b) Compensation and duties.--The following shall apply:
(1) The director of the civil judicial records office
may, subject to the approval of the president judge of the
judicial district and except as otherwise provided by
statute, home rule charter or optional plan of government,
fix the compensation of the staff of the director's office
who are not members of the State judicial personnel system.
Where the compensation of the staff of the civil judicial
records office is fixed by a county salary board, the
director shall be a member of the salary board for such
purpose.
(2) The director of the civil judicial records office
may, subject to the approval of the president judge of the
judicial district and except as otherwise provided by
statute, home rule charter or optional plan of government,
fix the duties of the staff of the civil judicial records
office.
§ 2817. Matters or documents filed in civil judicial records
office.
All matters or documents required or authorized to be filed
in the judicial records office of the county shall be filed in
the civil judicial records office except:
(1) Matters or documents specified under section 2756
(relating to matters or documents filed in office of clerk of
the courts) or 2827 (relating to matters or documents filed
in criminal judicial records office).
(2) Matters or documents specified under section 2776
(relating to matters or documents filed in office of clerk of
the orphans' court division) or 2837 (relating to matters or
documents filed in orphans' court division judicial records
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office).
§ 2818. Powers and duties of civil judicial records office.
The civil judicial records office shall have the power and
duty to:
(1) Administer oaths and affirmations and take
acknowledgments under section 327 (relating to oaths and
acknowledgements), but shall not be compelled to do so in any
matters not pertaining to the proper business of the office.
(2) Affix and attest the seal of the court or courts to
all the process thereof and to the certifications and
exemplifications of all documents and records pertaining to
the civil judicial records office and the business of the
court or courts of which it is the civil judicial records
office.
(3) Enter all civil judgments, including judgments by
confession.
(4) Enter all satisfactions of civil judgments.
(5) Exercise the authority of the director of the civil
judicial records office as an officer of the court.
(6) Exercise such other powers and perform such other
duties as may now or hereafter be vested in or imposed upon
the office by law, home rule charter, order or rule of court,
or ordinance of a county governed by a home rule charter or
optional plan of government.
§ 2819. Incorrect debtor identified.
(a) Procedure.--A creditor that files for a judgment by
confession under section 2818(3) (relating to powers and duties
of civil judicial records office) shall comply with the
Pennsylvania Rules of Civil Procedure regarding confession of
judgment, including any notice provisions. A debtor who has been
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incorrectly identified and had a confession of judgment entered
against the debtor may petition the court for costs and
reasonable attorney fees as determined by the court.
(b) Effect on judgment.--A judgment shall not be stricken or
opened because of a creditor's failure to provide a correctly
identified debtor with instructions under this section regarding
procedures to follow to strike a judgment or regarding any
rights available to an incorrectly identified debtor.
(c) Applicability.--This section shall apply to all
confessions of judgment entered in the civil judicial records
office or in the county prothonotary's office prior to the
transfer of powers and duties under section 1905.1 (relating to
county-level prothonotaries, clerks of the courts, clerks of
orphans' court divisions and selected deputies).
§ 2820. Criminal, probate, estates and fiduciary matters.
(a) General rule.--The personnel of the civil judicial
records office shall exercise the powers and perform the duties
vested in or imposed upon the office by:
(1) Subchapter C (relating to criminal judicial records
office), where no separate clerk of the courts was authorized
for the county prior to the transfer of powers and duties
under section 1905.1 (relating to county-level
prothonotaries, clerks of the courts, clerks of orphans'
court divisions and selected deputies) as directors or the
offices were subsequently consolidated under section 2808
(relating to consolidation of judicial records offices).
(2) Subchapter D (relating to orphans' court division
judicial records office), where no separate clerk of the
orphans' court division was authorized for the county prior
to the transfer of powers and duties under section 1905.1 or
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the offices were subsequently consolidated under section
2808.
(b) Criminal matters.--Except as provided under subsection
(a)(1), the civil judicial records office shall not exercise the
powers and perform the duties of the criminal judicial records
office if the powers and duties of that office have been
transferred under section 1905.1 or the office of the clerk of
the courts if the powers and duties have not been transferred.
(c) Probate, estates and fiduciary matters.--Except as
provided under subsection (a)(2), the civil judicial records
office shall not exercise the powers and perform the duties of
the orphans' court judicial records office if the powers and
duties of that office have been transferred under section 1905.1
or the office of the clerk of the orphans' court division if the
powers and duties have not been transferred.
SUBCHAPTER C
CRIMINAL JUDICIAL RECORDS OFFICE
Sec.
2821. Applicability of subchapter.
2822. Director of criminal judicial records office.
2823. Selection and removal of director of criminal judicial
records office.
2824. Seal.
2825. Criminal judicial records office.
2826. Staff of criminal judicial records office.
2827. Matters or documents filed in criminal judicial records
office.
2828. Powers and duties of criminal judicial records office.
§ 2821. Applicability of subchapter.
The provisions of this subchapter shall apply to those
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counties where the powers and duties formerly held by the clerk
of the courts, or its equivalent office if the office holding
the powers and duties set forth under Subchapter C of Chapter 27
(relating to clerks of the courts) is called by another name or
combined with other offices, have been transferred to the
criminal judicial records office under section 1905.1 (relating
to county-level prothonotaries, clerks of the courts, clerks of
orphans' court divisions and selected deputies) as directors.
§ 2822. Director of criminal judicial records office.
(a) General rule.--Except as otherwise provided under this
section, in each county of this Commonwealth to which this
subchapter applies, there shall be one director of the criminal
judicial records office for the county, who shall be known as
the "Director of the Criminal Judicial Records Office of (the
respective) County." The director of the criminal judicial
records office shall be under the supervision and control of the
president judge of the judicial district.
(b) Director of consolidated offices.--If the office with
the powers and duties of the criminal judicial records office
under this subchapter is consolidated with one or more other
judicial records offices, the director of the criminal judicial
records office shall also be the director of the other office or
offices which comprise the consolidated office and shall be as
designated as provided in section 2808(f) (relating to
consolidation of judicial records offices).
(c) Multicounty judicial districts.--In multicounty judicial
districts to which this subchapter applies, the director of the
criminal judicial records office shall be the director of the
criminal judicial records office of the branch of the court of
common pleas established for the county in which the office is
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located unless the offices have been consolidated under section
2808(d).
(d) Philadelphia.--In the first judicial district, the
criminal judicial records office shall be structured as directed
by the administrative governing board of the first judicial
district or by the Supreme Court.
§ 2823. Selection and removal of director of criminal judicial
records office.
The director of the criminal judicial records office shall be
selected and removed in the manner provided under section 1905.1
(relating to county-level prothonotaries, clerks of the courts,
clerks of orphans' court divisions and selected deputies).
§ 2824. Seal.
The director of the criminal judicial records office shall
have custody of a counterpart of the seal of the court or courts
for which he is the director of the criminal judicial records
office.
§ 2825. Criminal judicial records office.
(a) General rule.--There shall be a criminal judicial
records office in each county of this Commonwealth to which this
subchapter applies, which shall be supervised by the director of
the criminal judicial records office for the county who shall,
either personally, by deputy or by other duly authorized
employees or agents of the office, exercise the powers and
perform the duties by law vested in and imposed upon the
director of the criminal judicial records office or the criminal
judicial records office. The criminal judicial records office
may be consolidated with one or more other offices under section
2808 (relating to consolidation of judicial records offices).
(b) Facilities and services.--The criminal judicial records
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office shall be provided with all necessary accommodations,
goods and services under sections 2806 (relating to funding of
judicial records offices) and 3722 (relating to general
facilities and services furnished by county).
§ 2826. Staff of criminal judicial records office.
(a) General rule.--The director of the criminal judicial
records office may, subject to the approval of the president
judge of the judicial district, appoint and remove such deputies
and other administrative staff of the criminal judicial records
office who are not members of the State judicial personnel
system as may be necessary.
(b) Compensation and duties.--The following shall apply:
(1) The director of the criminal judicial records office
may, subject to the approval of the president judge of the
judicial district and except as otherwise provided by
statute, home rule charter or optional plan of government,
fix the compensation of the staff of the director's office
who are not members of the State judicial personnel system.
Where the compensation of the staff of the criminal judicial
records office is fixed by a county salary board, the
director shall be a member of the salary board for such
purpose.
(2) The director of the criminal judicial records office
may, subject to the approval of the president judge of the
judicial district and except as otherwise provided by
statute, home rule charter or optional plan of government,
fix the duties of the staff of the criminal judicial records
office.
§ 2827. Matters or documents filed in criminal judicial records
office.
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(a) General rule.--All applications for relief or other
documents relating to the following matters shall be filed in or
transferred to the criminal judicial records office:
(1) Criminal matters, including all related motions and
filings.
(2) Road, liquor, municipal and other miscellaneous
civil matters formerly within the jurisdiction of the courts
of oyer and terminer, general jail delivery and quarter
sessions of the peace.
(3) Other matters to the extent provided by law or the
local ordinance or resolution creating or recognizing the
cause of action.
(b) Exceptions.-- The following shall apply:
(1) Subsection (a)(2) and (3) shall not be applicable in
the fifth judicial district.
(2) The director of the criminal judicial records office
of any county may file in the civil judicial records office
or the office of the prothonotary, whichever is applicable in
the county, a written waiver of all or any part of subsection
(a)(2) and (3), whereupon the provisions so waived shall not
be applicable in the county.
§ 2828. Powers and duties of criminal judicial records office.
The criminal judicial records office shall have the power and
duty to:
(1) Administer oaths and affirmations and take
acknowledgments under section 327 (relating to oaths and
acknowledgements), but shall not be compelled to do so in any
matters not pertaining to the proper business of the office.
(2) Affix and attest the seal of the court or courts to
all the process thereof and to the certifications and
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exemplifications of all documents and records pertaining to
the criminal judicial records office and the business of the
court or courts of which it is the criminal judicial records
office.
(3) Enter all criminal judgments, including judgments by
confession.
(4) Exercise the authority of the director of the
criminal judicial records office as an officer of the court.
(5) Exercise such other powers and perform such other
duties as may now or hereafter be vested in or imposed upon
the office by law, home rule charter, order or rule of court,
or ordinance of a county governed by a home rule charter or
optional plan of government.
SUBCHAPTER D
ORPHANS' COURT DIVISION JUDICIAL RECORDS OFFICE
Sec.
2831. Applicability of subchapter.
2832. Director of orphans' court division judicial records
office.
2833. Selection and removal of director of orphans' court
division judicial records office.
2834. Seal.
2835. Orphans' court division judicial records office.
2836. Staff of orphans' court division judicial records office.
2837. Matters or documents filed in orphans' court division
judicial records office.
2838. Powers and duties of orphans' court division judicial
records office.
§ 2831. Applicability of subchapter.
The provisions of this subchapter shall apply to counties
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where the powers and duties formerly held by the clerk of the
orphans' court division, or its equivalent office if the office
holding the powers and duties set forth in Subchapter D of
Chapter 27 (relating to clerks of orphans' court divisions) is
referred to by another name or combined with other offices, have
been transferred to the orphans' court division judicial records
office under section 1905.1. (relating to county-level
prothonotaries, clerks of the courts, clerks of orphans' courts
division and selected deputies).
§ 2832. Director of orphans' court division judicial records
office.
(a) General rule.--There shall be a director of the orphans'
court division judicial records office for the orphans' court
division of the court of common pleas, who shall be known as the
"Director of the Orphans' Court Division Judicial Records Office
of (the respective) County." The director of the orphans' court
division judicial records office shall be under the supervision
and control of the president judge of the judicial district.
(b) Director of consolidated offices.--If the office with
the powers and duties of the orphans' court division judicial
records office under this subchapter is consolidated with one or
more other judicial records offices, the director of the
orphans' court division judicial records office shall also be
the director of the other office or offices which comprise the
consolidated office and shall be as designated as provided in
section 2808(f) (relating to c onsolidation of judicial records
offices).
(c) Multicounty judicial districts.--In multicounty judicial
districts to which this subchapter applies, the director of the
orphans' court division judicial records office shall be the
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director of the orphans' court division judicial records office
of the branch of the court of common pleas established for the
county in which the office is located unless the offices have
been consolidated under section 2808(d).
§ 2833. Selection and removal of director of orphans' court
division judicial records office.
The director of the orphans' court division judicial records
office shall be selected and removed in the manner provided
under section 1905.1 (relating to county-level prothonotaries,
clerks of the courts, clerks of orphans' court divisions and
selected deputies) .
§ 2834. Seal.
The director of the orphans' court division judicial records
office shall have custody of a counterpart of the seal of the
court or courts for which he is the director of the orphans'
court division judicial records office.
§ 2835. Orphans' court division judicial records office.
(a) General rule.--There shall be an orphans' court division
judicial records office in each county of this Commonwealth to
which this subchapter applies, which shall be supervised by the
director of the orphans' court division judicial records office
for the county. The director of the orphans' court division
judicial records office shall either personally, by deputy or
other duly authorized employees or agents of the office,
exercise the powers and perform the duties by law vested in and
imposed upon the director of the orphans' court division
judicial records office or the orphans' court division judicial
records office. The orphans' court division judicial records
office may be consolidated with one or more other offices under
section 2808 (relating to c onsolidation of judicial records
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offices).
(b) Necessities.--The orphans' court division judicial
records office shall be provided with all necessary
accommodations, goods and services under sections 2806 (relating
to funding of judicial records offices) and 3722 (relating to
general facilities and services furnished by county).
§ 2836. Staff of orphans' court division judicial records
office.
(a) General rule.--The director of the orphans' court
division judicial records office may, subject to the approval of
the president judge of the judicial district, appoint and remove
deputies and other administrative staff of the orphans' court
division judicial records office who are not members of the
State judicial personnel system as may be necessary.
(b) Compensation.--The director of the orphans' court
division judicial records office may, subject to the approval of
the president judge of the judicial district and except as
otherwise provided by statute, home rule charter or optional
plan of government, fix the compensation of the staff of the
director's office who are not members of the State judicial
personnel system. Where the compensation of the staff of the
orphans' court division judicial records office is fixed by a
county salary board, the director shall be a member of the
salary board for such purpose.
(c) Duties.--The director of the orphans' court division
judicial records office may, subject to the approval of the
president judge of the judicial district and except as otherwise
provided by statute, home rule charter or optional plan of
government, fix the duties of the staff of the orphans' court
division judicial records office.
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§ 2837. Matters or documents filed in orphans' court division
judicial records office.
All matters to be heard or determined in the orphans' court
division of a court of common pleas shall be filed in or
transferred to the orphans' court division judicial records
office.
§ 2838. Powers and duties of orphans' court division judicial
records office.
The orphans' court division judicial records office shall
have the power and duty to:
(1) Administer oaths and affirmations and take
acknowledgments under section 327 (relating to oaths and
acknowledgments), but shall not be compelled to do so in any
matters not pertaining to the proper business of the office.
(2) Affix and attest the seal of the court to all the
processes of the court and to the certifications and
exemplifications of all documents and records pertaining to
the orphans' court division judicial records office and the
business of the division.
(3) Enter all orders of the court determined in the
division, including judgments by confession.
(4) Enter all satisfactions of judgments entered in the
office.
(5) Exercise the authority of the director of the
orphans' court division judicial records office as an officer
of the court.
(6) Exercise any other powers and perform any other
duties as may be vested in or imposed upon the office by law,
home rule charter, order or rule of court or ordinance of a
county governed by a home rule charter or optional plan of
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government.
Section 8. Sections 3115, 3721(a)(3) and (c)(2)(ii) and
(iii), 3733(a.1)(1)(ii), (iii) and (v), 4302(a) and (b),
4303(a), 4305(b), 4306(b) and (c), 4327(e), 4411(b), 4431(b) and
4553(b)(2) of Title 42 are amended to read:
§ 3115. Certification of successful completion of course of
training.
Upon the successful completion of the course of training and
instruction and examination, the Administrative Office shall
issue to a person elected or appointed as a magisterial district
judge, arraignment court magistrate or judge a certificate in
the form prescribed by the board, certifying that such person is
qualified to perform his duties as required by the Constitution
of Pennsylvania. Such certificate shall be filed in the office
of the clerk or the judicial records office of the court of
common pleas of the judicial district embracing the district to
be served by the magisterial district judge, arraignment court
magistrate or judge.
§ 3721. County judicial center or courthouse.
(a) General rule.--There shall be maintained at the county
seat of each county a facility known as the county judicial
center, which may be the existing county courthouse. The
facility shall provide accommodations and supporting facilities
and services for the following functions, agencies and units of
or related to the unified judicial system:
* * *
(3) The office of the clerk or the judicial records
office of the court of common pleas of the district and the
administrative staff of the court, including the offices of
the prothonotary, clerk of the courts and clerk of the
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orphans' court division, and the civil, criminal and orphans'
court division judicial records offices.
* * *
(c) Child-care facilities.--
* * *
(2) If a child-care facility is provided under paragraph
(1):
* * *
(ii) In addition to any other court cost or filing
fee authorized to be collected by law, an additional fee
of $5 shall be charged and collected by the prothonotary,
clerk of orphans' court, director of the civil judicial
records office, director of the orphans' court division
judicial records office and register of wills of the
county or by any official designated to perform the
functions thereof for the initiation of any civil action
or legal proceeding.
(iii) In addition to any other court cost or filing
fee authorized to be collected by law, an additional fee
of $5 shall be charged and collected by the clerk of
courts or director of the criminal judicial records
office of the county or by any official designated to
perform the functions thereof for the initiation of any
criminal proceeding for which a fee, charge or cost
authorized on the effective date of this subsection and
for which a conviction is obtained or guilty plea is
entered.
* * *
§ 3733. Deposits into account.
* * *
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(a.1) Additional fees.--
(1) In addition to the court costs and filing fees
authorized to be collected by statute:
* * *
(ii) An additional fee of $10 shall be charged and
collected by the prothonotaries, clerks of orphans'
courts, directors of civil and orphans' court division
judicial records offices, and registers of wills of all
courts of common pleas, or by any officials designated to
perform the functions thereof, for the initiation of any
civil action or legal proceeding.
(iii) An additional fee of $10 shall be charged by
the clerks of courts or directors of the criminal
judicial records offices of all courts of common pleas,
or by any officials designated to perform the functions
thereof, for the initiation of any criminal proceeding
for which a fee, charge or cost is now authorized and a
conviction is obtained or guilty plea is entered. The
additional fee under this subparagraph shall also be
charged and collected when a defendant is granted entry
into Accelerated Rehabilitative Disposition or any other
pretrial diversionary program.
* * *
(v) An additional fee of $10 shall be charged and
collected by the recorders of deeds and clerks of court
or directors of judicial records offices, or by any
officials designated to perform similar functions, for
each filing of a deed, mortgage or property transfer for
which a fee, charge or cost is now authorized. The
Supreme Court shall designate by financial regulations
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which filings meet the criteria of this subparagraph.
* * *
§ 4302. Effect of records as notice.
(a) Real property.--Except as otherwise provided by statute
or prescribed by general rule adopted pursuant to section
1722(b) (relating to enforcement and effect of orders and
process), every document affecting title to or any other
interest in real property which is filed and indexed in the
office of the clerk or judicial records office of the court of
common pleas of the county where the real property is situated,
or in the office of the clerk or judicial records office of the
branch of the court of common pleas embracing such county in the
manner required by the laws, procedures or standards in effect
at the date of such filing shall be constructive notice to all
persons of the filing and full contents of such document.
(b) Documents relating to pending matters.--Documents
relating to the pendency of a matter before any court filed in
the office of the clerk or judicial records office of any court
or other office within or related to and serving the unified
judicial system shall be constructive notice to such persons, of
such information and for such duration as may be provided by
statute or prescribed by general rule adopted pursuant to
section 4301 (relating to establishment and maintenance of
judicial records).
* * *
§ 4303. Effect of judgments and orders as liens.
(a) Real property.--Any judgment or other order of a court
of common pleas for the payment of money shall be a lien upon
real property on the conditions, to the extent and with the
priority provided by statute or prescribed by general rule
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adopted pursuant to section 1722(b) (relating to enforcement and
effect of orders and process) when it is entered of record in
the office of the clerk of the court of common pleas or judicial
records office of the county where the real property is
situated, or in the office of the clerk or judicial records
office of the branch of the court of common pleas embracing such
county.
* * *
§ 4305. Federal judgments as liens.
* * *
(b) Filing requirement.--The certified transcript of the
judgment of the United States court shall be filed in the office
of the clerk or judicial records office of the court of common
pleas of the county where the property is located unless the
judgment was rendered by such United States court within the
county where the property is located.
* * *
§ 4306. Enforcement of foreign judgments.
* * *
(b) Filing and status of foreign judgments.--A copy of any
foreign judgment including the docket entries incidental thereto
authenticated in accordance with act of Congress or this title
may be filed in the office of the clerk or judicial records
office of any court of common pleas of this Commonwealth. The
clerk or director of the judicial records office shall treat the
foreign judgment in the same manner as a judgment of any court
of common pleas of this Commonwealth. A judgment so filed shall
be a lien as of the date of filing and shall have the same
effect and be subject to the same procedures, defenses and
proceedings for reopening, vacating, or staying as a judgment of
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any court of common pleas of this Commonwealth and may be
enforced or satisfied in like manner.
(c) Notice of filing.--
(1) At the time of the filing of the foreign judgment,
the judgment creditor or his attorney shall make and file
with the office of the clerk or judicial records office of
the court of common pleas an affidavit setting forth the name
and last known post office address of the judgment debtor,
and the judgment creditor. In addition, such affidavit shall
include a statement that the foreign judgment is valid,
enforceable and unsatisfied.
(2) Promptly upon the filing of the foreign judgment and
the affidavit, the clerk or director of the judicial records
office shall mail notice of the filing of the foreign
judgment to the judgment debtor at the address given and
shall make a note of the mailing in the docket. The notice
shall include the name and post office address of the
judgment creditor and the attorney for the judgment creditor,
if any, in this Commonwealth. In addition, the judgment
creditor may mail a notice of the filing of the judgment to
the judgment debtor and may file proof of mailing with the
clerk or director of the judicial records office. Lack of
mailing notice of filing by the clerk or director of the
judicial records office shall not affect the enforcement
proceedings if proof of mailing by the judgment creditor has
been filed.
* * *
§ 4327. Transfer of custody to local museum upon application.
* * *
(e) Definition.--As used in this section "historical
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document" means any document formerly belonging to a decedent or
any other person, which document is more than 50 years old and
which is in the custody of a register of wills, the recorder of
deeds, the clerk of any court or the prothonotary or the
director of a judicial records office or the directors of a
civil, criminal and orphans' court division judicial records
office, except documents relating to adoption, divorce or
custody.
§ 4411. Duties of Court Administrator.
* * *
(b) List of certified interpreters.--The Court Administrator
shall compile, maintain and disseminate a current list of
interpreters certified by the Court Administrator for the courts
through any means deemed appropriate by the Court Administrator,
including, but not limited to, a written directory, which shall
be maintained on file with the office of the clerk of courts or
the appropriate judicial records office in each judicial
district, and through publication on the official World Wide Web
site of the Administrative Office.
* * *
§ 4431. Duties of Court Administrator.
* * *
(b) List of certified interpreters.--The Court Administrator
shall compile, maintain and disseminate a current list of
interpreters certified by the Court Administrator for the courts
through any means deemed appropriate by the Court Administrator,
including, but not limited to, a written directory, which shall
be maintained on file with the office of the clerk of courts or
the appropriate judicial records office in each judicial
district, and through publication on the official World Wide Web
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site of the Administrative Office.
* * *
§ 4553. Expenses of investigating grand juries and trials
resulting therefrom.
* * *
(b) Multicounty.--The expenses of any multicounty
investigating grand jury shall be borne by the Commonwealth.
* * *
(2) The costs and expenses resulting from any trial of a
person against whom a presentment has been issued by a
multicounty investigating grand jury shall be borne by the
Commonwealth. Costs and expenses under this subsection
include, but are not limited to, all reasonable costs
incurred by the county for the services of the courts, the
trial jury, the sheriff, the clerk of courts, the director of
any judicial records office, the county prison, the district
attorney and any public defender appointed by the court, and
related costs and expenses incurred by the county in the
course of the trial.
* * *
Section 9. Section 5741 of Title 42 is amended by adding a
definition to read:
§ 5741. Definitions.
The following words and phrases when used in this subchapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
"Judicial records office." As follows:
(1) The judicial records office of the court of common
pleas of each judicial district in which a professional
bondsman engages in the business of a professional bondsman.
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(2) The criminal judicial records office in a county
where such an office exists separately or is consolidated
with another judicial records office.
(3) In a multicounty judicial district, the judicial
records office for the branch of the court of common pleas
for the county in which a professional bondsman engages in
the business of a professional bondsman.
* * *
Section 10. Sections 5742(a), 5746(a), 5747, 6103(a)(2),
6157, 6333(a), 6363(a), 6602(d)(2), 8104(a), 8127(c) and (d)(1),
8141(6) and (7), 8142(d) and (e), 8152(a)(2), 8309(c) and (f),
8931(d) and (i) and 9728(b)(1), (2) and (3), (b.1) and (g) of
Title 42 are amended to read:
§ 5742. Registration and licensure required.
(a) General rule.--No professional bondsman shall become
surety on any undertaking, and no person shall engage in or
continue to engage in business as a professional bondsman,
unless he has been registered and is currently licensed as a
professional bondsman by the Insurance Department as provided in
this subchapter and has filed a copy of his license in the
office of the clerk or the appropriate judicial records office
in the manner prescribed by general rules.
* * *
§ 5746. Suspension or revocation of license.
(a) General rule.--Upon petition of the district attorney or
by any interested person to suspend or revoke the license issued
to any licensee under this subchapter, a rule shall issue out of
the court of common pleas, returnable not less than ten days
after the issuance thereof. It shall be sufficient service of
the said rule upon any licensee to leave a copy thereof at the
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address filed by the licensee with the clerk or director of the
criminal judicial records office pursuant to this subchapter.
* * *
§ 5747. Statements by fidelity or surety companies.
Any fidelity or surety company, authorized to act as surety
within this Commonwealth, may execute an undertaking as surety
by the hand of an officer, employee, agent, or attorney,
authorized thereto by a resolution of its board of directors, a
certified copy of which, under its corporate seal, shall be
filed with the undertaking. Fidelity or surety companies engaged
in the business of entering bail shall file, with the clerk of
the court of common pleas or the director of the criminal
judicial records office and with the district attorney of each
county in which bail is entered, a statement, quarterly on which
shall appear a summary of all bail entered by such company
during the previous quarter, together with the compensation
charged therefor.
§ 6103. Proof of official records.
(a) General rule.--An official record kept within this
Commonwealth by any court, magisterial district judge or other
government unit, or an entry therein, when admissible for any
purpose, may be evidenced by an official publication thereof or
by a copy attested by the officer having the legal custody of
the record, or by that officer's deputy, and accompanied by a
certificate that the officer has the custody. The certificate
may be made by any public officer having a seal of office and
having official duties with respect to the government unit in
which the record is kept, authenticated by the seal of that
office, or if there is no such officer, by:
* * *
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(2) The clerk or director of a judicial records office
of the court of common pleas of the judicial district
embracing any county in which the government unit has
jurisdiction, in the case of any government unit other than a
Commonwealth agency.
* * *
§ 6157. Retention of records.
When the copies of records are delivered to a party or his
attorney of record for use in a deposition, they shall, after
termination of the deposition, be delivered personally or by
certified mail to the clerk or the judicial records office of
the court or other body before which the action or proceeding is
pending, and it shall be the responsibility of the party or
attorney to transmit the receipt obtained to the custodian of
the original records. When the records are received by the clerk
or the judicial records office of a court or other body from a
health care facility or from a party or his attorney of record,
they shall be retained in the clerk's or the judicial records
office's custody at all times except when actually used in the
action or proceeding. Upon issuance of a final order terminating
a case, the copies of the records will be promptly filed in a
manner that protects the confidentiality of the medical
information contained in the records by the clerk or the
judicial records office of the court with all other documents
pertaining to the case until such a time as the normal retention
period for court records expires. The copies of records shall
then be permanently disposed of by the clerk or the judicial
records office in a manner that protects the confidentiality of
the medical information contained in the records. Should the
case be appealed, the copies of records shall be forwarded to
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the appellate court with other documents pertaining to the case
and retained and disposed of in the manner described in this
section.
§ 6333. Subpoena.
(a) General rule.--Upon application of a child, parent,
guardian, custodian, probation officer, district attorney, or
other party to the proceedings, the court, master, or the clerk
or director of the appropriate judicial records office of the
court shall issue, or the court or master may on its own motion
issue, subpoenas requiring attendance and testimony of witnesses
and production of papers at any hearing under this chapter.
* * *
§ 6363. Ordering foreign supervision.
(a) General rule.--Subject to the provisions of this chapter
governing dispositions and to the extent that funds are
available the court may place a child in the custody of a
suitable person in another state. On obtaining the written
consent of a juvenile court of another state which has adopted
the Uniform Juvenile Court Act or a substantially similar law,
which includes provisions corresponding to this section and
section 6364 (relating to supervision under foreign order), the
court of this Commonwealth may order that the child be placed
under the supervision of a probation officer or other
appropriate official designated by the accepting court. One
certified copy of the order shall be sent to the accepting court
and another filed with the clerk or the director of the
appropriate judicial records office of the requesting court of
this Commonwealth.
* * *
§ 6602. Prisoner filing fees.
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* * *
(d) Implementation of filing fee assessments.--
* * *
(2) No sooner than 60 days after notice of the denial in
forma pauperis status or the assessment of partial filing
fees, the prothonotary or the director of the civil judicial
records office shall enter a judgment of non pros in the
action or strike the appeal if the fees remain unpaid. The
action or appeal may be reinstated by the court for good
cause shown.
* * *
§ 8104. Duty of judgment creditor to enter satisfaction.
(a) General rule.--A judgment creditor who has received
satisfaction of any judgment in any tribunal of this
Commonwealth shall, at the written request of the judgment
debtor, or of anyone interested therein, and tender of the fee
for entry of satisfaction, enter satisfaction in the office of
the clerk or the judicial records office of the court where such
judgment is outstanding, which satisfaction shall forever
discharge the judgment.
* * *
§ 8127. Personal earnings exempt from process.
* * *
(c) Duty of employer.--
(1) For any wage attachment arising out of a residential
lease, the employer shall send the attached wages to the
prothonotary or the director of the civil judicial records
office of the court of common pleas within 15 days from the
close of the last pay period in each month. The employer
shall be entitled to deduct from the moneys collected from
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each employee the costs incurred from the extra bookkeeping
necessary to record such transactions, not exceeding $5 of
the amount of money so collected. If an employer is served
with more than one attachment arising out of a residential
lease against the same judgment debtor, then the attachments
shall be satisfied in the order in which they were served.
Each prior attachment shall be satisfied before any effect is
given to a subsequent attachment, subject to subsection (a)
(3.2). Upon receipt of the wages, the prothonotary or the
director of the civil judicial records office of the court of
common pleas shall record and send said wages to the judgment
creditor-landlord.
(2) For any wage attachment not arising out of a
residential lease, the employer shall send the attached
withheld wages to the prothonotary or the director of the
civil judicial records office of the court of common pleas to
be recorded, and upon receipt, the wages shall be sent to the
creditor.
(d) Duty of judgment creditor-landlord.--
(1) Any judgment creditor-landlord who has received
satisfaction of any judgment pursuant to this section shall
enter satisfaction in the office of the clerk of the court or
the judicial records office where such judgment is
outstanding, which satisfaction shall forever discharge the
judgment.
* * *
§ 8141. Time from which liens have priority.
Liens against real property shall have priority over each
other on the following basis:
* * *
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(6) Writs which when issued and indexed by the office of
the clerk or the judicial records office of the court of
common pleas create liens against real property, from the
time they are issued.
(7) Other instruments which when entered or filed and
indexed in the office of the clerk or the judicial records
office of the court of common pleas create liens against real
property, from the time they are left for entry or filing.
§ 8142. Endorsement of time.
* * *
(d) Writs and amicable judgments.--The office of the clerk
or the judicial records office of the court of common pleas
shall endorse upon:
(1) Each instrument on which an amicable judgment is
entered or which otherwise creates a lien against real
property, the time it was left for entry or filing.
(2) Each writ creating a lien against real property, the
time it was issued.
(e) Docket entries.--The office of the clerk or the judicial
records office of the court of common pleas shall note on the
dockets in such office where each verdict, judgment, order,
instrument or writ creating a lien against real property is
entered, the time it was recorded, rendered, left for filing, or
issued.
§ 8152. Judicial sale as affecting lien of mortgage.
(a) General rule.--Except as otherwise provided in this
section, a judicial or other sale of real estate shall not
affect the lien of a mortgage thereon, if the lien of the
mortgage is or shall be prior to all other liens upon the same
property except:
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* * *
(2) Taxes, municipal claims and assessments, not at the
date of the mortgage duly entered as a lien in the office of
the clerk or the judicial records office of the court of
common pleas.
* * *
§ 8309. Civil rights violations.
* * *
(c) Filing of court orders.--The prothonotary or the
director of the civil judicial records office of the court in
which a civil action is brought under subsection (a) or (b)
shall transmit two certified copies of any order issued in the
action to each appropriate law enforcement agency having
jurisdiction over locations where the defendant is alleged to
have committed the act and where the defendant resides or has
his principal place of business. The sheriff of the county in
which the defendant resides shall serve a copy of the order on
the defendant. Unless otherwise ordered by the court, service
shall be by delivering a copy in hand to the defendant. Law
enforcement agencies shall establish procedures adequate to
ensure that all officers responsible for the enforcement of the
order are informed of its existence and terms. When a law
enforcement officer has probable cause to believe that a
defendant has violated the provisions of an order, the officer
may arrest him.
* * *
(f) Vacated orders.--When the court vacates a temporary
restraining order or a preliminary or permanent injunction
issued under this section, the prothonotary or the director of
the civil judicial records office shall promptly notify in
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writing each appropriate law enforcement agency which had been
notified of the issuance of the order and shall direct each such
agency to destroy all records of the order, and the agency shall
comply with the directive upon receipt of the notification.
§ 8931. Indictment and information.
* * *
(d) Duties of prosecuting attorneys.--Whenever a transcript
of proceedings, complaint and all related papers in a criminal
proceeding where the defendant has been held for court have been
transmitted to the clerk of court or the director of the
criminal judicial records office or the officer designated by
the court, such officer, after recording the same, shall
immediately transmit the documents or a copy thereof to the
district attorney. The district attorney or his designee shall
have the duty to inquire into and make full examination of all
the facts and circumstances connected with each such case to
determine if the facts and circumstances warrant the filing of
an information or informations premised upon the transcript. No
information shall be filed by the district attorney concerning
alleged criminal violations where a preliminary hearing has not
been held or properly waived except as prescribed by general
rules.
* * *
(i) Definition.--As used in this section "district attorney"
includes a special attorney appointed by the Attorney General in
the manner provided by statute, an acting district attorney and
any assistant district attorney whose authority to act for the
district attorney under this section is evidenced by a written
designation executed by the district attorney or acting district
attorney and filed with the clerk or the director of the
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criminal judicial records office of the courts.
§ 9728. Collection of restitution, reparation, fees, costs,
fines and penalties.
* * *
(b) Procedure.--
(1) The county clerk of courts or the director of the
criminal judicial records office shall, upon sentencing,
pretrial disposition or other order, transmit to the
prothonotary or the director of the civil judicial records
office certified copies of all judgments for restitution,
reparation, fees, costs, fines and penalties which, in the
aggregate, exceed $1,000, and it shall be the duty of each
prothonotary or director of the civil judicial records office
to enter and docket the same of record in his office and to
index the same as judgments are indexed, without requiring
the payment of costs as a condition precedent to the entry
thereof.
(2) The clerk of courts or the director of the criminal
judicial records office, in consultation with other
appropriate governmental agencies, may transmit to the
prothonotary or the director of the civil judicial records
office of the respective county certified copies of all
judgments for restitution, reparation, fees, costs, fines and
penalties which, in the aggregate, do not exceed $1,000, and,
if so transmitted, it shall be the duty of each prothonotary
or director of the civil judicial records office to enter and
docket the same of record in his office and to index the same
as judgments are indexed, without requiring the payment of
costs as a condition precedent to the entry thereof.
(3) The county clerk of courts or the director of the
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criminal judicial records office shall, upon sentencing,
pretrial disposition or other order, transmit to the
Department of Probation of the respective county or other
agent designated by the county commissioners of the county
with the approval of the president judge of the county and to
the county correctional facility to which the offender has
been sentenced or to the Department of Corrections, whichever
is appropriate, copies of all orders for restitution and
amendments or alterations thereto, reparation, fees, costs,
fines and penalties. This paragraph also applies in the case
of costs imposed under section 9721(c.1) (relating to
sentencing generally).
* * *
(b.1) Restitution file.--Upon receipt of each order from the
clerk of courts or the director of the criminal judicial records
office as provided in subsection (b)(3), the department of
probation of the respective county or other agent designated by
the county commissioners of the county with the approval of the
president judge of the county shall open a restitution file for
the purposes of recording the amounts of restitution deducted by
the Department of Corrections or county correctional facility or
collected by the department of probation or the agent designated
by the county commissioners of the county with the approval of
the president judge of the county.
* * *
(g) Costs, etc.--Any sheriff's costs, filing fees and costs
of the county probation department, clerk of courts, director of
the criminal judicial records office or other appropriate
governmental agency, including, but not limited to, any
reasonable administrative costs associated with the collection
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of restitution, transportation costs and other costs associated
with the prosecution, shall be borne by the defendant and shall
be collected by the county probation department or other
appropriate governmental agency along with the total amount of
the judgment and remitted to the appropriate agencies at the
time of or prior to satisfaction of judgment.
* * *
Section 11. The following shall apply:
(1) The provisions of this act are nonseverable. If any
provision of this act or its application to any person or
circumstance is held invalid, the remaining provisions or
applications of this act are void.
(2) This act shall be void if the provisions of 42
Pa.C.S. § 1905.1(h)(1) are:
(i) suspended by the judiciary;
(ii) superseded by rule of court promulgated after
the effective date of this section;
(iii) ruled finally by a court of competent
jurisdiction to be regulation of the practice of law; or
(iv) otherwise rendered inoperative by judicial
action.
Section 12. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 16
Pa.C.S. §§ 1141, 1142, 1143, 1144, 1145 and 1146.
(2) Article XV.1 of the act of August 9, 1955 (P.L.323,
No.130), known as The County Code, is repealed.
(3) The General Assembly declares that the repeal under
paragraph (4) is necessary to effectuate the addition of 16
Pa.C.S. § 1147.
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(4) Section 401.1 of act of July 28, 1953 (P.L.723,
No.230), known as the Second Class County Code, is repealed.
(5) The General Assembly declares that the repeal under
paragraph (6) is necessary to effectuate the addition of 16
Pa.C.S. §§ 1148, 1149, 1150, 1151 and 1152.
(6) Sections 6, 7, 8, 10.1 and 11 of the act of November
1, 1971 (P.L.495, No.113), entitled, "An act providing for
the compensation of county officers in counties of the second
through eighth classes, for compensation of district
attorneys in cities and counties of the first class, for
compensation of district election officers in all counties,
for the disposition of fees, for filing of bonds in certain
cases and for duties of certain officers," is repealed.
(7) The General Assembly declares that the repeal under
paragraph (8) is necessary to effectuate the addition of 16
Pa.C.S. § 1153.
(8) Section 1 of the act of May 3, 1927 (P.L.516,
No.332), entitled "An act fixing the salaries of the county
controller, recorder of deeds and clerk of courts in counties
of the third class," is repealed.
(9) The General Assembly declares that the repeal under
paragraph (10) is necessary to effectuate the addition of 16
Pa.C.S. §§ 1161, 1162 and 1163.
(10) Sections 1, 2.1 and 2.2 of the act of July 1, 1981
(P.L.193, No.58), referred to as the Clerk of Orphans' Court
Fee Law, are repealed.
(11) The General Assembly declares that the repeal under
paragraph (12) is necessary to effectuate the addition of 16
Pa.C.S. §§ 1164, 1165, 1166 and 1167.
(12) Sections 2, 2.1, 2.2 and 5 of the act of April 8,
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1982 (P.L.303, No.85), known as the Second Class County
Prothonotary Fee Act, are repealed.
(13) The General Assembly declares that the repeal under
paragraph (14) is necessary to effectuate the addition of 16
Pa.C.S. § 1168.
(14) Section 2.1 of the act of April 8, 1982 (P.L.310,
No.87), referred to as the Recorder of Deeds Fee Law, is
repealed.
(15) The General Assembly declares that the repeal under
paragraph (16) is necessary to effectuate the addition of 16
Pa.C.S. § 1169.
(16) Section 1 of the act of June 18, 1982 (P.L.547,
No.158), referred to as the Clerk of Courts Fee Law, is
repealed.
(17) The General Assembly declares that the repeal under
paragraph (18) is necessary to effectuate the addition of 16
Pa.C.S. §§ 1171, 1172, 1173, 1174 and 1175.
(18) Sections 1, 1.1, 1.2, 2 and 3 of the act of
November 26, 1982 (P.L.744, No.203), referred to as the
Prothonotary Fee Law, are repealed.
(19) The General Assembly declares that the repeal under
paragraph (20) is necessary to effectuate the addition of 16
Pa.C.S. §§ 1181, 1182 and 1183.
(20) Sections 1, 2 and 3 of the act of October 12, 1984
(P.L.964, No.188), referred to as the Philadelphia Quarter
Sessions Clerk Fee Law, are repealed.
(21) The General Assembly declares that the repeal under
paragraph (22) is necessary to effectuate the addition of 16
Pa.C.S. § 1191.
(22) Section 1 of the act of February 14, 1986 (P.L.5,
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No.3), referred to as the Second Class A County Clerk of
Courts Fee Law, is repealed.
(23) The General Assembly declares that the repeal under
paragraph (24) is necessary to effectuate the addition of 16
Pa.C.S. § 1192.
(24) Section 3 of the act of February 14, 1986 (P.L.7,
No.4), referred to as the Second Class A County Prothonotary
Fee Law, is repealed.
(25) The General Assembly declares that the repeal under
paragraph (26) is necessary to effectuate the addition of 16
Pa.C.S. § 1201.
(26) Section 1791-E of the act of April 9, 1929
(P.L.343, No.176), known as The Fiscal Code, is repealed.
Section 13. A reference in any statute or part of a statute
to:
(1) "Clerk of the courts" shall be deemed a reference to
the director of the criminal judicial records office in a
county where the powers and duties of the clerk of the courts
have been transferred under 42 Pa.C.S. § 1905.1.
(2) "Clerk of the orphans' court division" shall be
deemed a reference to the director of the orphans' court
division judicial records office in a county where the powers
and duties of the clerk of the orphans' court division have
been transferred under 42 Pa.C.S. § 1905.1.
(3) "Prothonotary" shall be deemed a reference to the
director of the civil judicial records office in a county
where the powers and duties of the prothonotary have been
transferred under 42 Pa.C.S. § 1905.1.
(4) The "office of the clerk of the court of common
pleas" shall be deemed a reference to the judicial records
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office in a county where the powers and duties of the office
of the clerk of the court of common pleas have been
transferred under 42 Pa.C.S. § 1905.1.
(5) "Recorder of deeds" shall be deemed a reference to
the director of the appropriate judicial records office
following transfer under 42 Pa.C.S. § 1905.1 in a county
where the powers and duties of the recorder of deeds were
combined with the prothonotary, clerk of the courts or clerk
of the orphans' court division prior to the transfer.
(6) "Register of wills" shall be deemed a reference to
the director of the appropriate judicial records office
following transfer under 42 Pa.C.S. § 1905.1 in a county
where the powers and duties of the register of wills were
combined with the prothonotary, clerk of the courts or clerk
of the orphans' court division prior to the transfer.
Section 14. This act shall take effect in 60 days.
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