In Re: Promulgation of Fin. Regulations Pursuant to Act 22 of 2023 (Pa. 2023). · Go Syfert
In Re: Promulgation of Fin. Regulations Pursuant to Act 22 of 2023 (Pa. 2023). Book View Copy Cite
No syfertize treatment data for this case.
Retrieving the full opinion text from the archive…
In Re: Promulgation of Financial Regulations Pursuant to Act 22 of 2023
601 Judicial Administration 2023.
Supreme Court of Pennsylvania.
Nov 6, 2023.
Per Curiam.
Published

PROMULGATION OF FINANCIAL REGULATIONS PURSUANT TO ACT 22 OF 2023 204 Pa. Code Ch. 29, Subch. I (Budget and Finance) § 29.351. Definitions. (a) Pennsylvania Supreme, Superior and Commonwealth Courts. Initial Filing. Except for the provisions of subsection (g)(1) below, for purposes of 42 Pa.C.S. §§ 3733(a.[1]) and 3733.1 and section 1795.1-E of The Fiscal Code (72 P.S. § 1795.1-E), a statutory fee of nineteen dollars ($19.00) 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]

vi. Petition or grant of any other legal paper commencing an action or proceeding authorized by Act of Assembly or rule of court.

[*2]

i. Cases commenced at the magisterial district judge 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). v. Cases involving the severance of charges into separate cases resulting in the issuance of one or more additional numbered docket transcripts (OTNs).

[*3]

For purposes of 42 Pa.C.S. §§ 3733(a.[1]) and 3733.1, and section 1795.1-E of The Fiscal Code (72 P.S. § 1795.1-E), a statutory fee of nineteen dollars ($19.00) shall be imposed on the initiation of a legal proceeding except as provided in subsection (iii). The initiation of a legal proceeding, in the following courts of the Minor Judiciary, shall include, but is not limited to, the following: i. Magisterial District Judge. Civil Actions. Except for the provisions of subsection (g)(1) below, a statutory fee of nineteen dollars ($19.00) 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 Magisterial District Judges. ii. Magisterial District Judge. Criminal Actions. Except for the provisions of subsection (g)(1) below, a statutory fee of nineteen dollars ($19.00) shall be imposed upon a conviction, guilty plea or when a defendant is granted entry into an Accelerated Rehabilitative Disposition (ARD) or any other pretrial diversionary program based upon the filing of a criminal complaint 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. Magisterial District Judge, Pittsburgh Municipal Court, and Philadelphia Municipal Court. Title 75 Summary Offenses Initiated by Traffic Citation. Except for the provisions of subsection (g)(2) below, a statutory fee of twelve dollars ($12.00) shall be imposed upon a conviction or guilty plea based upon the filing of a traffic citation charging a violation of Title 75 (relating to vehicles) offense classified as summary under a state statute or local ordinance as provided in the Pennsylvania Rules of Criminal Procedure. iv. Pittsburgh Municipal Court. Civil Actions. Except for the provisions of subsection (g)(1) below, a statutory fee of nineteen dollars ($19.00) 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 Municipal Court. Criminal Actions. Except for the provisions of subsection (g)(1) below, a statutory fee of nineteen dollars ($19.00) shall be imposed upon a conviction, guilty plea or when a defendant is granted entry into an Accelerated Rehabilitative Disposition (ARD) or any other pretrial diversionary program based upon the filing of a criminal complaint 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. Except for the provisions of subsection (g)(1) below, a statutory fee of nineteen dollars ($19.00) 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. Except for the provisions of subsection (g)(1) below, a statutory fee of nineteen dollars ($19.00) shall be imposed upon conviction, guilty plea or when a defendant is granted entry into an Accelerated Rehabilitative Disposition (ARD) or any other pretrial diversionary program based upon the filing of a criminal complaint 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. Except for the provisions of subsection (g)(1) below, for purposes of 42 Pa.C.S. §§ 3733(a.[1]) and 3733.1 and section 1795.1-E of The Fiscal Code (72 P.S. § 1795.1-E), a statutory fee of nineteen dollars ($19.00) 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 are listed below. The list is not exclusive; other filings for which a fee is imposed and that can be considered a property transfer are included, and the fee shall be imposed. Subject to later amendment, the following documents have been identified as meeting the statutory provisions: 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.

[*4][*5]

viii. Easements. ix. Rights of Way. (g) Temporary Surcharge.

[*6]

1 Beginning [July 11, 2022] November 1, 2023, and until July 31, [2023] 2025, for purposes of section [1795.1-E of The Fiscal Code (72 P.S. § 1795.1-E)] 2802- E of the Administrative Code of 1929 (71 P.S. § 720.102), a temporary surcharge of twenty-one dollars and twenty-five cents ($21.25) shall be collected by all collectors of the JCS/ATJ/CJEA fee to supplement the nineteen dollars ($19.00) statutory fee described above. This temporary surcharge may not be imposed upon a conviction or guilty plea based upon the filing of a traffic citation charging a Title 75 (relating to vehicles) offense classified as summary under a state statute or local ordinance as provided in the Pennsylvania Rules of Criminal Procedure.
2 Magisterial District Judge, Pittsburgh Municipal Court, and Philadelphia Municipal Court. Title 75 Summary Offenses Initiated by Traffic Citation. Beginning [July 11, 2022] November 1, 2023, and until July 31, [2023] 2025, for purposes of section [1795.1-E of The Fiscal Code (72 P.S. § 1795.1-E)] 2802-E of the Administrative Code of 1929 (71 P.S. § 720.102), a temporary surcharge of [ten dollars ($10.00)] twenty one dollars and twenty-five cents ($21.25) shall be collected to supplement the twelve dollars ($12.00) statutory fee imposed upon a conviction or guilty plea based upon the filing of a traffic citation charging a violation of Title 75 (relating to vehicles) offense classified as summary under a state statute or local ordinance as provided in the Pennsylvania Rules of Criminal Procedure.