Subchapter K. COSTS, FINES AND FEES


Sec.


29.401.    Scope.
29.401a.    Consumer Price Index—costs and fines.
29.402.    42 Pa.C.S. §  1725.1. Costs.
29.403.    42 Pa.C.S. §  3571.
29.404.    Fee schedule under 15 Pa.C.S.A. §  153.
29.405.    Costs, fines and fees under 42 Pa.C.S. §  3502(a).

Source

   The provisions of this Subchapter K adopted December 13, 1993, effective immediately, 23 Pa.B. 6054; amended September 30, 1994, effective immediately, 24 Pa.B. 5224; amended September 25, 1995, effective September 25, 1995, 25 Pa.B. 4218; amended September 9, 1996, effective immediately, 26 Pa.B. 4634; amended June 23, 1998, effective January 1, 1999, 28 Pa.B. 3252; amended June 23, 1998, effective January 1, 1998, 28 Pa.B. 3253; amended July 7, 1999, effective immediately, 29 Pa.B. 3833; amended June 26, 2000, effective January 1, 2001, 30 Pa.B. 3563; amended January 29, 2002, effective immediately, 32 Pa.B. 875; amended September 23, 2002, effective immediately, 32 Pa.B. 4813; amended September 11, 2003, effective immediately, 33 Pa.B. 4783; amended October 14, 2004, effective immediately, 34 Pa.B. 5887; amended August 29, 2005, effective immediately, 35 Pa.B. 5091; amended September 29, 2006, effective immediately, 36 Pa.B. 5965; September 18, 2006, effective immediately; amended October 3, 2007, effective January 1, 2008; amended September 23, 2008, effective January 1, 2009, 38 Pa.B. 5421; unless otherwise noted. Immediately preceding text appears at serial pages (330788) to (330795).

§ 29.401. Scope.

 The Pennsylvania Supreme Court, pursuant to Art. V, §  10 of the Pennsylvania Constitution, and 42 Pa.C.S. §  1721, has authorized by Administrative Order, 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, and judges and staff of all divisions of the Philadelphia Municipal Court.

 Under authority of said Administrative Order and pursuant to the authority vested in the governing authority under 42 Pa.C.S. §  3502(a) of the Judicial Code, the following regulations are adopted to implement Act 96 of 2010, 42 Pa.C.S. § §  1725.1(f) and 3571(c)(4) (as amended).

Source

   The provisions of this §  29.401 amended November 3, 2011, effective January 1, 2012, 41 Pa.B. 6195; amended August 29, 2012, effective January 1, 2013, 42 Pa.B. 5854; amended October 17, 2013, effective immediately, 43 Pa.B. 6489. Immediately preceding text appears at serial page (364498).

§ 29.401a. Consumer Price Index—costs and fines.

 Pursuant to Article V, Section 10 of the Pennsylvania Constitution, and 42 Pa.C.S. §  1721, the Supreme Court has authorized the Court Administrator of Pennsylvania to obtain and publish in the Pennsylvania Bulletin on or before November 30 the percentage increase in the Consumer Price Index for calendar year 2012 as required by Act 96 of 2010, 42 Pa.C.S. § §  1725.1(f) and 3571(c)(4) (as amended). See, No. 413 Judicial Administration Docket.

 

   The Court Administrator of Pennsylvania reports that the percentage increase in the Consumer Price Index, All Urban Consumers, U.S. City Average, for calendar year 2012 was 1.7% percent. (See, U.S. Department of Labor, Bureau of Labor Statistics, Series CUUROOOOSAO, February 21, 2013.)

Source

   The provisions of this §  29.401a adopted November 4, 1993, effective November 4, 1993, 23 Pa.B. 5527; amended September 9, 1994, effective September 9, 1994, 24 Pa.B. 4769; amended September 25, 1995, effective September 25, 1995, 25 Pa.B. 4220; amended September 9, 1996, effective September 9, 1996, 26 Pa.B. 4637; amended November 20, 1996, effective January 1, 1997, 26 Pa.B. 5881; corrected January 17, 1997, effective January 1, 1997, 27 Pa.B. 289; amended November 5, 1997, effective January 1, 1998, 27 Pa.B. 6074; amended November 1, 1998, effective January 1, 1999, 28 Pa.B. 3586; amended November 19, 1998, 28 Pa.B. 5866; amended July 7, 1999, effective January 1, 2000; amended June 26, 2000, effective January 1, 2001, 30 Pa.B. 3564; amended November 29, 2000, effective January 1, 2001, 30 Pa.B. 6420; amended November 29, 2001, effective January 1, 2002, 31 Pa.B. 6783; amended January 29, 2002, effective January 1, 2002, 32 Pa.B. 876; amended September 23, 2002, effective January 1, 2003, 32 Pa.B. 4814; amended November 27, 2002, effective January 1, 2003, 32 Pa.B. 6075; amended September 11, 2003, 33 Pa.B. 4784; amended December 4, 2003, effective January 1, 2004, 33 Pa.B. 6208; amended October 14, 2004, 34 Pa.B. 5888; amended December 8, 2004, effective January 1, 2005, 34 Pa.B. 6645; amended August 29, 2005, effective January 1, 2006, 35 Pa.B. 5092; amended September 18, 2006, effective January 1, 2007, 36 Pa.B. 5966; amended October 3, 2007, effective January 1, 2008, 37 Pa.B. 5594; amended September 23, 2008, effective October 4, 2008, 38 Pa.B. 5422; amended September 25, 2009, effective September 26, 2009, 39 Pa.B. 5543; amended November 17, 2010, effective November 27, 2010, 40 Pa.B. 6777; renumbered from 204 Pa. Code §  211.1, April 9, 2011, 41 Pa.B. 1894; amended November 3, 2011, effective January 1, 2012, 41 Pa.B. 6195; amended August 29, 2012, 42 Pa.B. 5855; amended October 17, 2013, 43 Pa.B. 6490. Immediately preceding text appears at serial pages (364498) to (364499).

§ 29.402. 42 Pa.C.S. §  1725.1. Costs.

 (a)  Civil cases.—In calendar year 2014, 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 …$50.00

   (2)  Actions involving more than $500 but not more than
$2,000 …$67.00

   (3)  Actions involving more than $2,000 but not more than
$4,000 …$83.50

   (4)  Actions involving between $4,001 and $12,000 …$125.00

   (5)  Landlord-tenant actions involving less than $2,000 …$75.00

   (6)  Landlord-tenant actions involving more than $2,000 but not
more than $4,000 …$92.00

   (7)  Landlord-tenant actions involving more than $4,000 but not
more than $12,000 …$125.00

   (8)  Order of execution …$37.50

   (9)  Objection to levy …$17.00

   (10)  Reinstatement of complaint …$8.50

   (11)  Entering Transcript on Appeal or Certiorari…$4.50

 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 2014, 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) …$7.50

 (b)  Criminal cases.—In calendar year 2014, 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 …$47.50

   (2)  Summary conviction, motor vehicle cases, other than
paragraph (3) …$37.50

   (3)  Summary conviction, motor vehicle cases, hearing demanded…$45.50

   (4)  Misdemeanor …$54.50

   (5)  Felony …$62.50

 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 2014, 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 …$8.50

   (2)  Marrying each couple, making record thereof, and certificate
to the parties …$42.00

   (3)  Granting emergency relief pursuant to 23 Pa.C.S. Ch. 61
(relating to protection from abuse) …$17.00

   (4)  Issuing a search warrant (except as provided in subsection
(d)) …$17.00

   (5)  Any other issuance not otherwise provided in this subsection …$17.00

Source

   The provisions of this §  29.402 amended September 10, 2009, effective immediately, 39 Pa.B. 5542; amended November 17, 2010, effective immediately, 40 Pa.B. 6774; corrected December 3, 2010, 40 Pa.B. 6933; amended November 3, 2011, effective January 1, 2012, 41 Pa.B. 6195; amended August 29, 2012, effective January 1, 2013, 42 Pa.B. 5854; amended October 17, 2013, effective immediately, 43 Pa.B. 6489. Immediately preceding text appears at serial pages (364499) to (364500).

§ 29.403. 42 Pa.C.S. §  3571.

 In calendar year 2014, Commonwealth portion of fines, etc.

*  *  *  *  *

 (c)  Costs in magisterial district judge proceedings.

   (2)  Amounts payable to the Commonwealth:

     (i)   Summary conviction, except motor vehicle cases …$16.70

     (ii)   Summary conviction, motor vehicle cases other than
subparagraph (iii) …$16.70

     (iii)   Summary conviction, motor vehicle cases, hearing
demanded …$16.70

     (iv)   Misdemeanor …$21.80

     (v)   Felony …$33.35

     (vi)   Assumpsit or trespass involving:

       (A)   $500 or less …$20.80

       (B)   More than $500 but not more than $2,000 …$33.50

       (C)   More than $2,000 but not more than $4,000 …$50.10

       (D)   Between $4,001 and $12,000 …$83.35

     (vii)   Landlord-tenant proceeding involving:

       (A)   $2,000 or less …$33.30

       (B)   More than $2,000 but not more than $4,000 …$41.85

       (C)   More than $4,000 but not more than $12,000 …$58.35

     (viii)   Objection to levy …$8.50

     (ix)   Order of execution …$25.00

     (x)   Issuing a search warrant (except as provided in section
1725.1(d) (relating to costs)) …$11.90

     (xi)   Order of possession …$15.00

     (xii)   Custody cases (except as provided in section 1725(c)(2)(v))…$6.00

Source

   The provisions of this §  29.403 amended September 10, 2009, effective immediately, 39 Pa.B. 5542; amended November 17, 2010, effective immediately, 40 Pa.B. 6774; amended November 3, 2011, effective January 1, 2012, 41 Pa.B. 6195; amended August 29, 2012, effective January 1, 2013, 42 Pa.B. 5854; amended October 17, 2013, effective immediately, 43 Pa.B. 6489. Immediately preceding text appears at serial pages (364500) to (364501).

§ 29.404. Fee schedule under 15 Pa.C.S.A. §  153.

 (a)  General rule.—In calendar year 2001, the fees of the Corporation Bureau of the Department of State, including fees for the public acts and transactions of the Secretary of the Commonwealth administered through the bureau, and of county filing officers under Title 13 (relating to commercial code), shall be as follows:

   *  *  *  *  *

   (8)  Uniform Commercial Code:

(i)Financing statement—per debtor name:
(A) Fee charged by Dept. of State … $12.00
(B) Fee charged by County … $59.00
   Amount payable to Commonwealth … $44.25
   Amount payable to county … $14.75
(ii)Each ancillary transaction:
(A) Fee charged by Dept. of State … $12.00
(B) Fee charged by County … $59.00
   Amount payable to Commonwealth … $44.25
   Amount payable to county … $14.75
(iii)Search—per debtor name:
(A) Fee charged by Dept. of State … $12.00
(B) Fee charged by County … $59.00
   Amount payable to Commonwealth … $44.25
   Amount payable to county … $14.75
(iv)Additional fee for each financing statement found and for each statement of assignment reported therein:
(A) Fee charged by Dept. of State … $1.00
(B) Fee charged by County … $5.00
   Amount payable to Commonwealth … $3.75
   Amount payable to county … $1.25
(v)For each financing statement or ancillary transaction not filed on standard forms approved by the Department of State, in addition to the fee provided above, there shall be charged a per filing fee of:
(A) Fee charged by Dept. of State … $28.00
(B) Fee charged by County … $137.00
   Amount payable to Common wealth … $102.75
   Amount payable to county … $34.25

   *  *  *  *  *

 (Editor’s Note: Ellipses refer to the text of 15 Pa.C.S.A. §  153.)

§ 29.405. Costs, fines and fees under 42 Pa.C.S. §  3502(a).

 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).

   (1)  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).

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

       (A)   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.

       (B)   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)(6) of these regulations.

       (C)   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.

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

       (E)   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).

       (F)   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).

       (G)   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).

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

   

   (2)

   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.

   (3)  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).

Source

   The provisions of this §  29.405 adopted June 14, 2005, effective immediately, 35 Pa.B. 3542.



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