Joyce v. Commonwealth, Department of Transportation

Full title: John P. Joyce, Prothonotary of the Court of Common Pleas of Allegheny…

Court: Commonwealth Court of Pennsylvania

Date published: Dec 23, 1985

501 A.2d 720 (Pa. Cmmw. Ct. 1985)

501 A.2d 720

Opinion

Argued October 9, 1985

December 23, 1985.

Argued October 9, 1985, before President Judge CRUMLISH, JR. and Judges ROGERS, CRAIG, MacPHAIL, DOYLE, COLINS and PALLADINO.

Appeal, No. 2344 C.D. 1984, from the Order of the Court of Common Pleas of Allegheny County in the case of Commonwealth of Pennsylvania, Department of Transportation v. John P. Joyce, Prothonotary of the Court of Common Pleas of Allegheny County, No. GD 83-05728.

Prothonotary of Allegheny County assessed poundage fees on funds deposited by Commonwealth. Commonwealth filed request for declaratory judgment in the Court of Common Pleas of Allegheny County. Judgment granted Commonwealth. McGOWAN, J. Prothonotary appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.

James R. Fitzgerald, for appellant.

Spencer A. Manthorpe, Chief Counsel, with him, Jeffrey L. Giltenboth, Assistant Counsel, and Jay C. Waldman, General Counsel, for appellee.

PER CURIAM, December 23, 1985:

The Allegheny County Common Pleas Court granted the Commonwealth's request for declaratory judgment against the Allegheny County Prothonotary's practice of assessing poundage fees on eminent domain compensation funds deposited in his office by the Commonwealth. Prothonotary John P. Joyce appeals to this Court.

The central contention by Joyce is that the authorization for the charge of poundage fees provided in Section 21042(11) of the Second Class County Prothonotary Fee Act, 42 Pa. C. S. § 21042(11), supersedes the bar on charges against eminent domain funds contained in Section 522 of the Eminent Domain Code.¹ We reject this contention based on our controlling decision in City of Pittsburgh v. Imler Supply Co., 80 Pa. Commw. 285, 471 A.2d 591 (1984).

1 Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P. S. § 1-522.

We also reject as meritless Joyce's contention that the Eminent Domain Code's exemption of eminent domain compensation funds from poundage fee assessment is unconstitutional.

ORDER

NOW, December 23, 1985, the Allegheny County Common Pleas Court order, No. GD83-05728 dated August 4, 1984, is affirmed.