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PA Bulletin, Doc. No. 96-1624

THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART II.  GENERAL ADMINISTRATION

[204 PA. CODE CH. 29]

Promulgation of Financial Regulation under 42 Pa.C.S. § 3502(a); No. 177; Doc. No. 1

[26 Pa.B. 4634]

Order

Per Curiam:

   And now, this 9th day of September, 1996, it is Ordered pursuant to Article V, Section 10(c) of the Constitution of Pennsylvania and Section 3502(a) of the Judicial Code, 42 Pa.C.S. § 3502(a), that the Court Administrator of Pennsylvania is authorized to promulgate the following Financial Regulation.

   To the extent that notice of proposed rulemaking may be required by Pa.R.J.A. 103, the immediate promulgation of the regulation is hereby found to be in the interests of efficient administration.

   This Order is to be processed in accordance with Pa.R.J.A. 103(b) and is effective immediately.

Annex A

TITLE 204.  JUDICIAL SYSTEM GENERAL PROVISIONS

PART II.  GENERAL ADMINISTRATION

CHAPTER 29.  MISCELLANEOUS PROVISIONS

Subchapter K.  COSTS, FINES AND FEES

§ 29.401.  Scope.

   (a)  The Pennsylvania Supreme Court, pursuant to Art. 5, § 10 of the Pennsylvania Constitution, and 42 Pa.C.S. § 1721, has authorized the Court Administrator of Pennsylvania to promulgate regulations relating to the accounting methods to be utilized in connection with the collection of fees and costs charged and collected by prothonotaries, clerks of courts of all courts of common pleas and recorders of deeds, or by any officials designated to perform the functions thereof, as well as by the minor judiciary, including district justices, Philadelphia Municipal Court, Philadelphia Traffic Court and Pittsburgh Magistrates Court.

   (b)  Under authority of said Administrative Order and pursuant to the authority vested in the governing authority under Section 3502(a) of the Judicial Code, 42 Pa.C.S. § 3502(a), the following regulations are adopted to implement Act 167 of 1992, 15 Pa.C.S. § 153(a)(8)(vii), 42 Pa.C.S. §§ 1725.1(f) and 3571(c)(4) (as amended).

§ 29.402.  Costs under 42 Pa.C.S. § 1725.1.

   (a)  Civil cases.--In calendar year [1996] 1997, the costs to be charged by district justices in every civil case, except as otherwise provided in this section, shall be as follows:

(1)  Actions involving $500 or less[$33.00] $33.50
(2)  Actions involving more than $500 but not more than $2,000[$43.50] $45.00
(3)  Actions involving more than $2,000 but not more than $4,000[$54.50] $56.00
(4)  Actions involving more than $4,000 but not more than $8,000[$81.50] $83.50
(5)  Landlord-tenant actions involving less than $2,000[$49.00] $50.50
(6)  Landlord-tenant actions involving more than $2,000 but not more than $4,000[$60.00] $61.50
(7)  Landlord-tenant actions involving more than $4,000 but not more than $8,000[$81.50] $83.50
(8)  Order of execution[$24.50] $25.50
(9)  Objection to levy[$11.00] $11.50
(10)  Reinstatement of complaint[$5.50] $6.00
(11)  Entering Transcript on Appeal or Certiorari$3.00

   (b)  Criminal cases.--In calendar year [1996] 1997 the costs to be charged by the minor judiciary or by the court of common pleas where appropriate in every criminal case, except as otherwise provided in this section, shall be as follows:

(1)  Summary conviction, except motor vehicle cases[$31.00] $32.00
(2)  Summary conviction, motor vehicle cases, other than paragraph (3)[$24.50] $25.50
(3)  Summary conviction, motor vehicle cases, hearing demanded[$29.50] $30.50
(4)  Misdemeanor[$35.50] $36.50
(5)  Felony[$41.00] $42.00

(c)  Unclassified costs or charges.--In calendar year [1996] 1997, the costs to be charged by the minor judiciary in the following instances not readily classifiable shall be as follows:

(1)  Entering transcript of judgment from another member of the minor judiciary[$5.50] $6.00
(2)  Marrying each couple, making record thereof, and certificate to the parties[$27.50] $28.00
(3)  Granting emergency relief pursuant to 23 Pa.C.S. Ch. 61 (relating to protection from abuse)[$11.00] $11.50
(4)  Issuing a search warrant (except as provided in subsection (d))[$11.00] $11.50
(5)  Any other issuance not otherwise provided in this subsection[$11.00] $11.50

§ 29.403.  Fines under 42 Pa.C.S. § 3571.

*      *      *      *      *

   (2)  Amounts payable to the Commonwealth:

(i)  Summary conviction, except motor vehicle cases[$10.88] $11.24
(ii)  Summary conviction, motor vehicle cases other than subparagraph (iii)[$10.88] $11.24
(iii)  Summary conviction, motor vehicle cases, hearing demand[$10.88] $11.24
(iv)  Misdemeanor[$14.20] $14.60
(v)  Felony[$21.86] $22.40

(vi)  Assumpsit or trespass involving:

(A)  $500 or less[$13.75] $13.96
(B)  More than $500 but not more than $2,000[$21.76] $22.50
(C)  More than $2,000 but not more than $4,000[$32.70] $33.60
(D)  More than $4,000 but not more than $8,000[$54.33] $55.66
(vii)  Landlord-tenant proceeding involving:
(A)  $2,000 or less[$21.78] $22.44
(B)  More than $2,000 but not more than $4,000[$27.27] $27.96
(C)  More than $4,000 but not more than $8,000[$38.04] $38.97
(viii)  Objection to levy[$5.50] $5.75
(ix)  Order of execution[$16.34] $17.00
(x)  Issuing a search warrant (except as provided in section 1725.1(d) (relating to costs)[$7.70] $8.05

   (Editor's Note:  Ellipses refer to the text of 42 Pa.C.S. § 3571).

§ 29.404.  Fee schedule under 15 Pa.C.S. § 153.

   (a)  General rule.--The fees of the Corporation Bureau of the Department of State, including fees for the public acts and transactions of the Secretary of the Commonwealth administered through the bureau, and of county filing officers under Title 13 (relating to commercial code), shall be as follows:

*      *      *      *      *

   (8)  Uniform Commercial Code:

   (i)  Financing statement--per debtor name:

(A)  Fee charged by Department of State$12.00
(B)  Fee charged by County[$52.50] $53.50
Amount payable to Commonwealth[$39.35] $40.10
Amount payable to County[$13.15] $13.40
(ii)  Each ancillary transaction:
(A)  Fee charged by Department of State$12.00
(B)  Fee charged by County[$52.50] $53.50
Amount payable to Commonwealth[$39.35] $40.10
Amount payable to County[$13.15] $13.40
(iii)  Search--per debtor name:
(A)  Fee charged by Department of State$12.00
(B)  Fee charged by County[$52.50] $53.50
Amount payable to Commonwealth[$39.35] $40.10
Amount payable to County[$13.15] $13.40

(iv)  Additional fee for each financing statement found and for each statement of assignment reported therein:

(A)  Fee charged by Department of State$1.00
(B)  Fee charged by County$4.50
Amount payable to Commonwealth$3.35
Amount payable to County$1.15

(v)  For each financing statement or ancillary transaction not filed on standard forms approved by the Department of State, in addition to the fee provided above, there shall be charged a per filing fee of:

(A)  Fee charged by Department of State$28.00
(B)  Fee charged by County[$122.00] $125.00
Amount payable to Commonwealth[$91.50] $93.75
Amount payable to County[$30.50] $31.25

*      *      *      *      *

   (Editor's Note:  Ellipses refer to text of 15 Pa.C.S. § 153.)

[Pa.B. Doc. No. 96-1624. Filed for public inspection September 27, 1996, 9:00 a.m.]



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