act-1982-0-203•Pennsylvania Act 1982-203 — PROTHONOTARY FEE LAW
Act text
| PROTHONOTARY FEE LAW | ||
|---|---|---|
| Act of Nov. 26, 1982, P.L. 744, No. 203 | Cl. 42 |
AN ACT
To ascertain and appoint the fees to be received by the prothonotary of the court of common pleas of the Commonwealth in home rule counties or counties of the second class A and the third to eighth class; to provide the time of paying the same and to repeal certain acts.
Compiler's Note: Section 6 of Act 4 of 1986 provided that Act 203 is repealed insofar as it relates to second class A counties only.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Fees.
The fees to be received by the prothonotary of the court of common pleas of this Commonwealth in home rule counties or counties of the second class A and the third to eighth class shall be as follows:
APPEALS
| Appeal from the court of common pleas to an appellate court | $30.00 |
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ACKNOWLEDGMENTS
| Acknowledgment of sheriff, treasurer or tax claim bureau deeds | $ 5.00 |
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ASSIGNMENTS
| Assignment, filing | $ 5.00 |
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BUILDING AGREEMENTS
| Filing of any building agreement, waiver, stipulation | $10.00 |
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CERTIFICATION
| Certifying copy of any paper: | |
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| First page | $ 3.00 |
| Additional pages, each | 1.00 |
| Certification of notary public, justice of peace or similar paper | 2.00 |
| Exemplification of records | 10.00 |
COMMENCEMENT OF ACTIONS
Commencement of any action at law or equity, regardless of procedure, a fee of not less than $15 or more than $50 shall be fixed by the prothonotary of each court of common pleas, on or before January 1 of each year, except in 1982 when it shall be fixed immediately and, when added to all other fees charged, shall bear a reasonable relationship to the sum sufficient to maintain and operate the office of the prothonotary. After an action has been commenced, no other fees shall be payable except as herein otherwise specifically provided. The fee fixed shall be the same and apply to all actions without variation except with respect to divorce actions where an additional fee not to exceed $15 may be charged for each count in the complaint in excess of the count requesting the divorce.
EXECUTIONS
| Filing of any praecipe for a writ of execution, including attachment, possession or any other writ of execution not herein specifically provided for and all services incident thereto | $15.00 |
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JUDGMENTS
| Entry of any judgment or decree, which is final, whether by agreement, confession, demurrer, non pros, or preliminary objection or motion on verdict or award, by court order, finding, opinion, default, transcript, copy of docket entries, ex-record, certified copy of nonpayment of inheritance tax, certified copy from criminal court or domestic relations including all services | $ 9.00 |
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LIENS
| Filing any lien: municipal, mechanics, Federal, Commonwealth, certified copy of lien | $ 9.00 |
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NOTARY PUBLIC
| Registration of signature of notary public | $ 2.00 |
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POUNDAGE
| For the handling of money paid into court for each dollar of the first $1,000 | $ .03 |
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| For each dollar of each additional $1,000 or fraction thereof | .01 |
REVIVALS
| Including in every instance any entry of judgment: | |
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| (1) Continuing any lien not reduced to judgment | $ 9.00 |
| (2) Reviving the lien of any judgment by amicable proceedings | 9.00 |
| (3) Reviving the lien of any judgment by adverse proceedings | 15.00 |
SUBPOENA
| Each | $ 2.00 |
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SEARCHES
| Search of any record or index, including certification: | |
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| Five years | $ 5.00 |
| Each reference | 1.00 |
SATISFACTIONS
| Entering satisfactions, releases, postponements, assignments, subordinations, of all encumbrances or liens by power of attorney or otherwise; or settlement, discontinued ending or termination of any civil action at law or in equity | 5.00 |
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ARBITRATIONS
| Where arbitration proceedings are processed by the prothonotary | $15.00 |
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Section 1.1. Increasing existing fees.
(a) General rule.--In counties of the second class A and the third through eighth class, including home rule counties of the same class, the prothonotary 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) Periodic adjustment.--The amount of any fee or charge increased pursuant to subsection (a) may be increased every three years, provided 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.
(1.1 added Dec. 21, 1998, P.L.1271, No.164)
Section 1.2. Automation fee for prothonotary's 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 prothonotary 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 prothonotary 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 prothonotary.
(1.2 added Dec. 21, 1998, P.L.1271, No.164)
Section 2. Definitions.
As used in this act:
(1) Filing shall mean and include docketing, entering, indexing and filing.
(2) A counterclaim is not to be considered as commencing a new action.
(3) Procedures involved in joinder of additional 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 any papers or giving of any memorandum of filing may be included in the services herein enumerated and rendered.
(7) Any action or proceeding to strike off, or open, any judgment shall be considered as commencement of an action.
Section 3. Similar services; payment in advance; State tax.
(a) The fees for services not herein specifically provided for or included in any other service shall be the same as for similar services.
(b) The prothonotary shall not be required to enter on docket any suit or action or order of court or enter any judgment thereon or perform any services whatsoever for any person, political subdivision or the Commonwealth until the requisite fee is paid.
(c) The fees hereinbefore enumerated shall be exclusive of any State tax now levied or that may hereafter be levied.
Section 4. No separate charges.
There shall be no separate charges for printing, forms, postage or similar services.
Section 5. Maximum charge to political subdivisions.
The maximum fee to be charged a political subdivision for any one of the services provided for herein shall be $10.
Section 6. Repeals.
The following acts or parts of acts are repealed insofar as they are inconsistent with this act:
Section 1725 of Title 42, act of November 25, 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated Statutes.
Section 24(a) of the act of July 9, 1976 (P.L.586, No.142), known as the "Judiciary Act of 1976."
Section 7. Effective date.
This act shall take effect immediately.
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