In re Promulgation of Fin. Regulations Pursuant to 42 Pa.C.S. § 3502(a)

Full title: IN RE: PROMULGATION OF FINANCIAL REGULATIONS PURSUANT TO 42 Pa.C.S. …

Court: Supreme Court of Pennsylvania

Date published: Sep 10, 2009

No. 333 Judicial Administration Docket (Pa. Sep. 10, 2009)

Opinion

No. 333 Judicial Administration Docket.

September 10, 2009.

ORDER

PER CURIAM.

TITLE 42. JUDICIARY AND JUDICIAL PROCEDURE PART IV. FINANCIAL MATTERS CHAPTER 17. GOVERNANCE OF THE SYSTEM CHAPTER 35. Budget and Finance Subchapter A. General Provisions

The Pennsylvania Supreme Court, pursuant to Art. V, § 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, and clerks of courts of all courts of common pleas, or by any officials designated to perform the functions thereof, as well as by the minor judiciary, including magisterial district judges, Philadelphia Municipal Court and Philadelphia Traffic Court.

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 of 2001 of 2001, 42 Pa.C.S. §§ 1725.1(f) and 3571(c)(4) (as amended).

42 Pa.C.S. § 1725.1. Costs.

(a) Civil cases. — In calendar year 2010, the costs to be charged by magisterial district judges in every civil case, except as otherwise provided in this section, shall be as follows:

(1) Actions involving $500 or less ................................. $46.00 (2) Actions involving more than $500 but not more than $2,000 ........................................... $61.00 (3) Actions involving more than $2,000 but not more than $4,000 ........................................... $76.50 (4) Actions involving more than $4,000 but not more than $8,000 .......................................... $114.50 (5) Landlord-tenant actions involving less than $2,000 ............. $69.00 (6) Landlord-tenant actions involving more than $2,000 but not more than $4,000 ........................................... $84.00 (7) Landlord-tenant actions involving more than $4,000 but not more than $8,000 .......................................... $114.50 (8) Order of execution ............................................. $34.50 (9) Objection to levy .............................................. $15.50 (10) Reinstatement of complaint ..................................... $8.00 (11) Entering Transcript on Appeal or Certiorari .................... $4.00

Said costs shall not include, however, the cost of postage and registered mail which shall be borne by the plaintiff.

(a.1) Custody cases. — In calendar year 2010, the cost (in addition to the cost provided by general rule) to be charged by the court of common pleas shall be as follows:

(1) Custody cases, except as provided in section 1725(c)(2)(v) ................ $7.00

(b) Criminal cases. — In calendar year 2010, 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 ........................... $43.50 (2) Summary conviction, motor vehicle cases, other than paragraph (3) ........................................................... $34.50 (3) Summary conviction, motor vehicle cases, hearing demanded ............................................................. $41.50 (4) Misdemeanor .............................................................. $50.00 (5) Felony ................................................................... $57.50

Such costs shall not include, however, the cost of postage and registered mail which shall be paid by the defendant upon conviction.

(c) Unclassified costs or charges. — In calendar year 2010, 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 .................................................... $8.00 (2) Marrying each couple, making record thereof, and certificate to the parties ............................................... $38.50 (3) Granting emergency relief pursuant to 23 Pa.C.S. Ch. 61 (relating to protection from abuse) ...................................... $15.50 (4) Issuing a search warrant (except as provided in subsection (d)) .......................................................... $15.50 (5) Any other issuance not otherwise provided in this subsection ............................................................... $15.50 42 Pa.C.S. § 3571. In calendar year 2010, Commonwealth portion of fines, etc.

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(2) Amounts payable to the Commonwealth:

(i) Summary conviction, except motor vehicle cases ...................... $15.30 (ii) Summary conviction, motor vehicle cases other than subparagraph (iii) ...................................................... $15.30 (iii) Summary conviction, motor vehicle cases, hearing demanded ........................................................ $15.30 (iv) Misdemeanor ........................................................ $20.00 (v) Felony .............................................................. $30.70 (vi) Assumpsit or trespass involving: (A) $500 or less .................................................... $19.20 (B) More than $500 but not more than $2,000 ......................... $30.50 (C) More than $2,000 but not more than $4,000 ....................... $45.90 (D) More than $4,000 but not more than $8,000 ....................... $76.35 (vii) Landlord-tenant proceeding involving: (A) $2,000 or less .................................................. $30.70 (B) More than $2,000 but not more than $4,000 ....................... $38.15 (C) More than $4,000 but not more than $8,000 ....................... $53.45 (viii) Objection to levy ................................................. $7.75 (ix) Order of execution ................................................. $23.00 (x) Issuing a search warrant (except as provided in section 1725.1(d) (relating to costs)) ................................... $10.85 (xi) Order of possession ................................................ $15.00 (xii) Custody cases (except as provided in section 1725(c)(2)(v)) ................................................... $5.60 And now, this 10^th day of September, 2009 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 attached Financial Regulations. The fees outlined in the Financial Regulations are effective as of January 1, 2010.

To the extent that notice of proposed rule-making may be required by Pa.R.J.A. No. 103, the immediate promulgation of the regulations is hereby found to be in the interests of efficient administration.

This Order is to be processed in accordance with Pa.R.J.A. No. 103(b) and is effective immediately.