act-1986-0-4•Pennsylvania Act 1986-4 — SECOND CLASS A COUNTY PROTHONOTARY FEE LAW
Pennsylvania Act 1986-4 — SECOND CLASS A COUNTY PROTHONOTARY FEE LAW
act-1986-0-41986 Pa. Act 4Law
Act text
| SECOND CLASS A COUNTY PROTHONOTARY FEE LAW | ||
|---|---|---|
| Act of Feb. 14, 1986, P.L. 7, No. 4 | Cl. 42 |
AN ACT
To ascertain and appoint the fees to be received by the prothonotary, or his counterpart in a home rule county, of the court of common pleas of the Commonwealth in counties of the second class A only.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Fees.
The fees to be received by the prothonotary, or his counterpart in a home rule county, of the court of common pleas of this Commonwealth in counties of the second class A only 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: | |
|---|---|
| First page | $ 3.00 |
| Additional pages, each | 1.00 |
| Certification of notary public, district justice or similar paper | 2.00 |
| Exemplification of records | 10.00 |
COMMENCEMENT OF ACTIONS
For commencement of any action at law or equity, regardless of procedure, a fee of not less than $25 or more than $125 shall be fixed by the prothonotary, or his counterpart in a home rule county, of each court of common pleas in counties of the second class A only, on or before January 1 of each year (except in 1986, when it shall be fixed within 20 days of the effective date of this act) 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, or his counterpart in a home rule county, and that part of the court administrator's expenses attributed to those functions required to process civil actions, as well as a reasonable share of the cost of maintaining a public law library, which cost shall be determined by the commissioners. 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 |
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 or certified copy from criminal court or domestic relations, including all services | $ 9.00 |
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LIENS
| Filing any lien: municipal, mechanics, Federal or 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: | |
|---|---|
| (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: | |
|---|---|
| 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 |
ARBITRATIONS
| Where arbitration proceedings are processed by the prothonotary, or his counterpart in a home rule county | $15.00 |
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Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.
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) Similar services.--The fees for services not herein specifically provided for or included in any other service shall be the same as for similar services.
(b) Requisite fee to be paid.--The prothonotary, or his counterpart in a home rule county, 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) Fees exclusive of State tax.--The fees enumerated herein 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 to the Commonwealth or a political subdivision for any one of the services provided herein shall be $10.
Section 6. Repeals.
The act of November 26, 1982 (P.L.744, No.203), entitled "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," is repealed insofar as it relates to second class A counties only.
Section 7. Effective date.
This act shall take effect in 30 days.
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