§ 29.351. Definitions.

 (a)  Pennsylvania Supreme, Superior and Commonwealth Courts. Initial Filing.

   1. For purposes of Section 3733(a.1) of the Judicial Code, 42 Pa.C.S. §  3733(a.1), as amended, a statutory fee of ten dollars ($10.00) 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. For purposes of Section 3733(a.1) of the Judicial Code, 42 Pa.C.S. §  3733(a.1), as amended, a civil action or legal proceeding in a Court of Common Pleas is initiated upon the filing of the first legal paper therein of record with the prothonotary, which legal paper may be:

     i. a praecipe for a writ of summons;

     ii. a complaint;

     iii. an agreement for an amicable action;

     iv. a petition;

     v. a notice of appeal from a court of limited jurisdiction; or,

     vi. a 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 Procedures, 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, Visitation of Minor Children, 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; or,

     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 District Justices.

 (c)  Court of Common Pleas. Orphans’ Court Clerk, Register of Wills.

   1. For purposes of Section 3733(a.1) of the Judicial Code, 42 Pa.C.S. §  3733(a.1), as amended, a statutory fee of ten dollars ($10.00) shall be imposed on all petitions for grant of letters, and first filings in petitions concerning adoptions, incompetents’ estates, minors’ estates, and inter vivos trusts.

 (d)  Court of Common Pleas. Clerk of Court.

   1. For purposes of imposition of the statutory fee upon conviction or guilty plea authorized by Section 3733(a.1) of the Judicial Code, 42 Pa.C.S. §  3733(a.1), as amended, the initiation of a criminal proceeding shall include:

     i. cases commenced at the district justice 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); and

     v. cases involving the severance of charges into separate cases resulting in the issuance of one or more additional numbered docket transcripts (OTNs).

   2. A statutory fee of ten dollars ($10.00) 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 include, subject to later amendment, the following:

     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

 (e)  Minor Judiciary. Civil and Criminal Proceedings.

   1. For purposes of Section 3733(a.1) of the Judicial Code, 42 Pa.C.S. Section 3733(a.1), as amended, the initiation of a legal proceeding, in the following courts of the Minor Judiciary, shall include, but is not limited to, the following:

     i. District Justices. Civil Actions. A statutory fee of ten dollars ($10.00) 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 District Justices.

     ii. District Justices. Criminal Actions. A statutory fee of ten dollars ($10.00) shall be imposed upon a conviction or guilty plea based upon the filing of a criminal complaint, traffic citation 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. Philadelphia Traffic Court. Criminal Actions. A statutory fee of ten dollars ($10.00) shall be imposed upon a conviction or guilty plea based upon the filing of a traffic citation charging a violation of Title 75 of the Pennsylvania Consolidated Statutes or any ordinance of the City and County of Philadelphia enacted pursuant to Title 75.

     iv. Pittsburgh Magistrates Court. Civil Actions. A statutory fee of ten dollars ($10.00) 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 Magistrates Court. Criminal Actions. A statutory fee of ten dollars ($10.00) shall be imposed upon a conviction or guilty plea based upon the filing of a criminal complaint, traffic citation 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. A statutory fee of ten dollars ($10.00) 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. A statutory fee of ten dollars ($10.00) shall be imposed upon conviction or guilty plea based upon the filing of a criminal complaint, traffic citation 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. A statutory fee of ten dollars ($10.00) 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 include, subject to later amendment, the following:

     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

   The provisions of this §  29.351 adopted June 29, 1990, effective June 29, 1990, 20 Pa.B. 3969; amended October 24, 2002, effective immediately, 32 Pa.B. 5507. Immediately preceding text appears at serial pages (200604) and (286917).