(a)
Pennsylvania Supreme, Superior and Commonwealth Courts. Initial
Filing.
Except for the provisions of subsection (g)(1) below, for
purposes of
42 Pa.C.S. §§
3733(a.1) and 3733.1 and section
1795.1 -E of The Fiscal Code
(72
P.S. §
1795.1-E), a statutory fee of
nineteen dollars ($19.00) shall be imposed on all items enumerated in the fee
schedules of the Appellate Courts for which a filing and service fee is
collected, excluding the following:
i.
Second and Subsequent Filings for Extension of Time.
ii. Reargument/Reconsideration.
iii. Services in Connection with Appeals to
or Writs of Certiorari from the United States Supreme Court.
iv. Miscellaneous Fees.
v. Subpoenas.
(b)
Court of Common Pleas.
Prothonotary. Civil Actions and Legal Proceedings.
1. Except for the provisions of subsection
(g)(1) below, for purposes of
42 Pa.C.S. §§
3733(a.1) and 3733.1 and section 1795.1-E of
The Fiscal Code (
72 P.S. §
1795.1-E), a
statutory fee of nineteen dollars ($19.00) shall be imposed on a civil action
or legal proceeding in a Court of Common Pleas whenever it is initiated upon
the filing of the first legal paper therein of record with the prothonotary.
The first legal paper may be any of the following:
i. Praecipe for a Writ of Summons.
ii. Complaint.
iii. Deleted.
iv. Petition.
v. Notice of Appeal from a court of limited
jurisdiction.
vi. Petition or grant
of any other legal paper commencing an action or proceeding authorized by Act
of Assembly or rule of court.
2. For purposes of these regulations, the
initiation of a civil action or legal proceeding shall include, but is not
limited to:
i. Actions governed by or
authorized under the Pennsylvania Rules of Civil Procedure, such as Civil
Action Ejectment, Equity, Ground Rent, Mandamus, Mortgage Foreclosure,
Partition of Real Property, Quiet Title, Quo Warranto, Replevin, and the
Prevention of Waste.
ii. Actions
pertaining to Dependency, Annulments, Divorce, Custody, Partial Custody,
Alimony Pendente Lite, Support, and Paternity. With respect to Divorce actions,
a separate statutory fee shall be imposed for each count in the complaint in
addition to the count requesting divorce.
iii. Statutory actions such as Confirmation
of Arbitration Awards, Conformation of Confessed Judgment, Declaratory
Judgment, Opening or Striking Off a Judgment, Eminent Domain, Habeas Corpus,
Proceedings on Liens (other than revival), Name Changes, Partition of Property
Held by Husband and Wife as Tenants By the Entireties, Tax Sales of Real
Property.
iv. Other actions not
included in subsections (i), (ii) or (iii), such as: Appeals from Board of
Elections, Appeals from Board of Viewers, Appeals from Zoning Boards, and
Certiorari to Magisterial District Judges.
(c)
Court of Common Pleas. Orphans'
Court Clerk, Register of Wills.
Except for the provisions of subsection (g)(1) below, for
purposes of
42 Pa.C.S. §§
3733(a.1) and 3733.1 and 1795.1-E of The
Fiscal Code (72 P.S. §
1795.1-E), a
statutory fee of nineteen dollars ($19.00) shall be imposed on all petitions
for grant of letters, and first filings in petitions concerning adoptions,
incapacitated persons' estates, minors' estates, and inter vivos
trusts.
(d)
Court of
Common Pleas. Clerk of Court.
1.
Except for the provisions of subsection (g)(1) below, for purposes of
42 Pa.C.S. §§
3733(a.1) and 3733.1 and section 1795.1-E of
The Fiscal Code (
72 P.S. §
1795.1-E), a
statutory fee of nineteen dollars ($19.00) shall be imposed upon conviction,
guilty plea, or when a defendant is granted entry into an Accelerated
Rehabilitative Disposition (ARD) or other pretrial diversionary program based
upon the initiation of any criminal proceeding. The initiation of a criminal
proceeding shall include the following:
i.
Cases commenced at the magisterial district judge level resulting in the
issuance of a numbered docket transcript form (OTN), and subsequently waived or
held to court.
ii. The appeal of a
summary conviction to the Court of Common Pleas.
iii. Cases involving juvenile defendants
where a petition alleging delinquency has been filed in the Court of Common
Pleas.
iv. Cases involving juvenile
defendants certified to the Court of Common Pleas, resulting in the issuance of
a numbered docket transcript form (OTN).
v. Cases involving the severance of charges
into separate cases resulting in the issuance of one or more additional
numbered docket transcripts (OTNs).
2. Except for the provisions of subsection
(g)(1) below, for purposes of
42 Pa.C.S. §§
3733(a.1) and 3733.1 and section 1795.1-E of
The Fiscal Code (
72 P.S. §
1795.1-E), a
statutory fee of nineteen dollars ($19.00) shall be imposed for each filing of
a deed, mortgage or property transfer for which a fee, charge or cost is now
authorized. The documents identified as meeting the above conditions are listed
below. The list is not exclusive; other filings for which a fee is imposed and
that can be considered a property transfer are included, and the fee shall be
imposed. Subject to later amendment, the following documents have been
identified as meeting the statutory provisions:
i. Deeds in any form.
ii. Mortgages.
iii. Mortgage assignments.
iv. Mortgage releases.
v. Mortgage satisfaction pieces.
vi. Installment sales agreements.
vii. Leases for a term of thirty (30) years
or longer.
viii.
Easements.
ix. Rights of
Way.
(e)
Minor Judiciary. Civil and Criminal Proceedings.
For purposes of
42 Pa.C.S. §§
3733(a.1) and 3733.1, and section 1795.1-E of
The Fiscal Code (72 P.S. §
1795.1-E), a
statutory fee of nineteen dollars ($19.00) shall be imposed on the initiation
of a legal proceeding except as provided in subsection (iii). The initiation of
a legal proceeding, in the following courts of the Minor Judiciary, shall
include, but is not limited to, the following:
i.
Magisterial District Judge. Civil
Actions. Except for the provisions of subsection (g)(1) below, a
statutory fee of nineteen dollars ($19.00) shall be imposed in connection with
the filing of a complaint in Trespass and Assumpsit or for the Recovery of
Possession of Real Property (Landlord and Tenant Proceeding) or for any other
Civil Action as provided in the Rules of Civil Procedure Governing Actions and
Proceedings before Magisterial District Judges.
ii.
Magisterial District Judge.
Criminal Actions. Except for the provisions of subsection (g)(1)
below, a statutory fee of nineteen dollars ($19.00) shall be imposed upon a
conviction, guilty plea or when a defendant is granted entry into an
Accelerated Rehabilitative Disposition (ARD) or any other pretrial diversionary
program based upon the filing of a criminal complaint or non-traffic citation
charging an offense classified as misdemeanor or summary under a state statute
or local ordinance as provided in the Pennsylvania Rules of Criminal
Procedure.
iii.
Magisterial
District Judge, Pittsburgh Municipal Court, and Philadelphia Municipal Court.
Title 75 Summary Offenses Initiated by Traffic Citation. Except for
the provisions of subsection (g)(2) below, a statutory fee of twelve dollars
($12.00) shall be imposed upon a conviction or guilty plea based upon the
filing of a traffic citation charging a violation of Title 75 (relating to
vehicles) offense classified as summary under a state statute or local
ordinance as provided in the Pennsylvania Rules of Criminal
Procedure.
iv.
Pittsburgh
Municipal Court. Civil Actions. Except for the provisions of
subsection (g)(1) below, a statutory fee of nineteen dollars ($19.00) shall be
imposed in connection with the filing of a civil complaint seeking recovery of
fines and penalties imposed by an ordinance of the City of Pittsburgh or by any
ordinance or regulation relating to housing and health administered and
enforced by the county health department where the violation occurs within the
City of Pittsburgh.
v.
Pittsburgh Municipal Court. Criminal Actions. Except for the
provisions of subsection (g)(1) below, a statutory fee of nineteen dollars
($19.00) shall be imposed upon a conviction, guilty plea or when a defendant is
granted entry into an Accelerated Rehabilitative Disposition (ARD) or any other
pretrial diversionary program based upon the filing of a criminal complaint or
non-traffic citation charging an offense classified as misdemeanor or summary
under state statute or local ordinance as provided for in the Pennsylvania
Rules of Criminal Procedure.
vi.
Philadelphia Municipal Court. Civil Actions. Except for the
provisions of subsection (g)(1) below, a statutory fee of nineteen dollars
($19.00) shall be imposed in connection with the filing of a complaint for a
Civil Action, as defined in the Philadelphia Municipal Court Rules of Civil
Procedure.
vii.
Philadelphia Municipal Court. Criminal Actions. Except for the
provisions of subsection (g)(1) below, a statutory fee of nineteen dollars
($19.00) shall be imposed upon conviction, guilty plea or when a defendant is
granted entry into an Accelerated Rehabilitative Disposition (ARD) or any other
pretrial diversionary program based upon the filing of a criminal complaint or
non-traffic citation charging an offense classified as misdemeanor or summary
under state statute or local ordinance as provided for in the Pennsylvania
Rules of Criminal Procedure.
(f)
Recorders of Deeds.
Except for the provisions of subsection (g)(1) below, for
purposes of
42 Pa.C.S. §§
3733(a.1) and 3733.1 and section 1795.1-E of
The Fiscal Code (72 P.S. §
1795.1-E), a
statutory fee of nineteen dollars ($19.00) shall be imposed for each filing of
a deed, mortgage or property transfer for which a fee, charge or cost is now
authorized. The documents identified as meeting the above conditions are listed
below. The list is not exclusive; other filings for which a fee is imposed and
that can be considered a property transfer are included, and the fee shall be
imposed. Subject to later amendment, the following documents have been
identified as meeting the statutory provisions:
i. Deeds in any form.
ii. Mortgages.
iii. Mortgage assignments.
iv. Mortgage releases.
v. Mortgage satisfaction pieces.
vi. Installment sales agreements.
vii. Leases for a term of thirty (30) years
or longer.
viii.
Easements.
ix. Rights of
Way.
(g)
Temporary Surcharge.
1.
Beginning November 1, 2023, and until July 31, 2025, for purposes of section
2802-E of the Administrative Code of 1929 (71 P.S. §
720.102), a temporary surcharge of twenty-one
dollars and twenty-five cents ($21.25) shall be collected by all collectors of
the JCS/ATJ/CJEA fee to supplement the nineteen dollars ($19.00) statutory fee
described above. This temporary surcharge may not be imposed upon a conviction
or guilty plea based upon the filing of a traffic citation charging a Title 75
(relating to vehicles) offense classified as summary under a state statute or
local ordinance as provided in the Pennsylvania Rules of Criminal
Procedure.
2.
Magisterial
District Judge, Pittsburgh Municipal Court, and Philadelphia Municipal Court.
Title 75 Summary Offenses Initiated by Traffic Citation. Beginning
November 1, 2023, and until July 31, 2025, for purposes of section 2802-E of
the Administrative Code of 1929 (71 P.S. §
720.102), a temporary surcharge of twenty one
dollars and twenty-five cents ($21.25) shall be collected to supplement the
twelve dollars ($12.00) statutory fee imposed upon a conviction or guilty plea
based upon the filing of a traffic citation charging a violation of Title 75
(relating to vehicles) offense classified as summary under a state statute or
local ordinance as provided in the Pennsylvania Rules of Criminal
Procedure.