Subchapter I. BUDGET AND FINANCE

§ 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

 All system and related personnel are to follow the procedures set forth by the Department of Revenue for the reporting of fees.

 The Supreme Court of Pennsylvania, pursuant to general authority set forth by Art. V, §  10 of the Pennsylvania Constitution, and 42 Pa.C.S. §  1721, has authorized the Court Administrator of Pennsylvania to promulgate regulations in accordance with all applicable statutory provisions pertaining to the distribution and disbursement of all fines, fees, costs, reparations, restitution, penalties and other remittances imposed and collected by the Criminal Division of the Courts of Common Pleas, Philadelphia Municipal Court, and any other entity on behalf of the Court using the Common Pleas Criminal Court Case Management System (CPCMS).

 These regulations are effective from April 1, 2005.

 I. Schedule for Standard Distribution of Funds Collected by the Criminal Division of the Courts of Common Pleas, Philadelphia Municipal Court, and any other entity on behalf of the Court Using the Common Pleas Criminal Court Case Management System (CPCMS).

   A. All fines, fees, costs, reparations, restitution, penalties and other remittances imposed and collected by the Criminal Division of the Courts of Common Pleas, Philadelphia Municipal Court and any other entity on behalf of the Court using the CPCMS shall be distributed in the following prioritized order:

   1. The collection agency fee provided for in 42 Pa.C.S. Section 9730.1 shall be paid first, but only in cases wherein the private collection agency has secured the funds from the defendant or a third party and the payment is made to the court. No more than 25% of each payment secured from the defendant by the private collection agency may be applied towards this fee.

     2. The Crime Victim Compensation Fund and Victim Witness Services Fund shall be paid, but only in cases in which the defendant has been sentenced to incarceration, probation or is admitted into an accelerated rehabilitative disposition program (see 18 P. S. §  11.1101). Otherwise, these costs shall be distributed in accordance with subsection (A)(5) of these regulations.

     3. At least 50% of any additional payment shall go to restitution until it is paid in full (see 42 Pa.C.S. §  9728(g.1)). When restitution is ordered to more than one recipient at the same time, the court shall set the priority of payment as follows, in accordance with 18 Pa.C.S. §  1106(c)(1)(ii)(A)—(D):

       i. the victim;

       ii. the Crime Victim’s Compensation Board;

       iii. any other governmental agency which has provided reimbursement to the victim as a result of the defendant’s criminal conduct;

       iv. any insurance company which has provided reimbursement to the victim as a result of the defendant’s criminal conduct.

     4. Judicial Computer Project/Access To Justice (JCS/ATJ) Fee (see 42 Pa.C.S. §  3733(a.1)).

     5. Electronic monitoring fees, offender supervision fees (as set forth in 18 P. S. §  11.1102(c)), alcohol highway safety school fees (see 75 Pa.C.S. §  1548(b)), service fees (such as sheriff’s fees set forth in 42 P. S. §  21101 et. seq., and constable’s fees set forth in 42 Pa.C.S. §  2950), transcript fees (see Pa.R.J.A. No. 5000.7), witness fees (as provided for in 42 Pa.C.S. §  5903), and other similar fees shall be paid based upon a pro-rated formula, unless the fees are prioritized by court order or the judicial district. The Administrative Office of Pennsylvania Courts may preclude a fee from being classified as an ‘‘other similar fee’’. The amount of the payment allocated to each outstanding item shall be determined by dividing the outstanding balance for the individual item by the combined total of the outstanding balances for all items. The resulting number is then multiplied by the amount of the payment to determine how much of the payment shall be allocated to the outstanding balance of the individual item involved.

 For example, a defendant owes $80.00 in electronic monitoring fees, $10.00 in offender supervision fees, and $10.00 in service fees, for a total of $100.00 in outstanding fees. Defendant makes a payment of $10.00 in his/her case. To determine the amount to be allocated to electronic monitoring fees, divide the outstanding balance of the electronic monitoring fee ($80.00) by the combined total outstanding balances of all items ($80.00 + 10.00 + 10.00 = $100.00). The result in this example is .8 (80/100). Multiply the resulting figure by the amount of the payment to determine the allocation to electronic monitoring fees, which in this example is $8.00 (.8 x $10.00= $8.00).

     6. All other fines, fees, costs, reparations, penalties and other remittances except for judgment or satisfaction fees shall be distributed based upon a pro-rated formula. Specifically, the amount of the payment allocated to each outstanding item shall be determined by dividing the outstanding balance for the individual item by the combined total of the outstanding balances for all items. The resulting number is then multiplied by the amount of the payment to determine how much of the payment shall be allocated to the outstanding balance of the individual item involved.

     For example, a defendant owes $80.00 in costs, $10.00 in fines, and $10.00 in fees, for a total of $100.00 in outstanding costs, fines and fees. Defendant makes a payment of $20.00 in his/her case. To determine the amount to be allocated to the fines, divide the outstanding balance of the fines ($10.00) by the combined total outstanding balances of all items ($80.00 + 10.00 + 10.00 = $100.00). The result in this example is .1 (10/100). Multiply the resulting figure by the amount of the payment to determine the allocation to the fines, which in this example is $2.00 (.1 x $20.00= $2.00).

     7. Fees charged by the clerk of courts, prothonotary, other entity in the county responsible for the distribution and disbursement of all fines, fees, costs, reparations, restitution, penalties, or other remittances, or the Clerk of Philadelphia Municipal Court for the entry or satisfaction of a civil judgment related to a criminal proceeding, as set forth in 42 Pa.C.S. §  1725, 42 P. S. § §  21010, 21042, and 21071 shall be paid last. The amount of the payment allocated to each fee shall be determined by dividing the outstanding balance for the individual fee by the combined total of the outstanding balances for both fees. The resulting number is then multiplied by the amount of the payment to determine how much of the payment shall be allocated to the outstanding balance of the individual fee involved.

     For example, a defendant owes $60.00 in judgment fees and $40.00 in satisfaction fees for a total of $100.00 in outstanding fees. Defendant makes a payment of $10.00 in his/her case. To determine the amount to be allocated to judgment fee, divide the outstanding balance of the judgment fee ($60.00) by the combined total outstanding balances of all items ($60.00 + 40.00 = $100.00). The result in this example is .6 (60/100). Multiply the resulting figure by the amount of the payment to determine the allocation to judgment fee, which in this example is $6.00 (.6 x $10.00= $6.00).

   B. Each payment shall be applied to a single case, unless otherwise ordered by the court.

 II. The county probation department or other agent designated to collect all fines, fees, costs, reparations, restitution, penalties and other remittances pursuant to 42 Pa.C.S. §  9728, shall use the Common Pleas Criminal Court Case Management System when performing collection related activities.

 III. Nothing in these regulations shall be applicable to the collection and/or distribution of any filing fee which is authorized by law. Filing fees shall include but not be limited to the clerk of courts automation fee set forth in 42 Pa.C.S. Section 1725.4(b).

   The provisions of this §  29.353 adopted September 30, 2003, effective immediately, 33 Pa.B. 5173; amended March 23, 2005, effective April 1, 2005, 35 Pa.B. 2095. Immediately preceding text appears at serial pages (299601) to (299602) and (307445).