§ 29.1. Continuation of Pre-1969 Statutes and Rules.

 All statutes and rules governing practice and procedure in actions and proceedings in the Courts of record and Courts not of record of this Commonwealth in force on December 31, 1968, shall continue in force until suspended, revoked or modified, pursuant to Article V of the Constitution of Pennsylvania.

 Pursuant to the authority granted by Acts 352 and 359 of the 1968 Session of the Pennsylvania General Assembly, the Court of Common Pleas of each Judicial District numbered 2 through 59 is hereby directed to certify promptly to the State Treasurer the number of persons residing within each magisterial district within said Court’s Judicial District for salary purposes only, under Section 5(b) of said Acts of Assembly. For determining population for said purpose, said Courts are hereby authorized to utilize 1960 Federal Census or subsequent Federal Census population figures, and make certification without further approval from this Court. If any of said Courts desire or need to use state or local agency population figures or estimates, or other than Federal Census figures, said population figures or estimates, along with the source of said figures or estimates, shall first be submitted to this Court for approval before certification to the State Treasurer. Copies of the final certification shall be sent to the State Court Administrator.

   Official Note

   The Order of March 15, 1972 of Supreme Court of Pennsylvania Order No. 27, Court Administrator Docket No. 1 provides: ‘‘8. The Order of this Court at No. 26 in this Docket entered May 26, 1970 shall continue in effect until supplied by an order of the Judicial Council under Rule 313 of the Pennsylvania Rules of Judicial Administration.’’

 1. The President Judge of the Court of Common Pleas of each Judicial District shall have the power to appoint one or more Special Masters, who are members of the Bar of the Supreme Court, to hear petitions filed under Section 406 of the Mental Health and Mental Retardation Act of 1966.

 2. The President Judge shall prescribe the necessary procedures to be followed by such Masters in scheduling hearings, filing fees, notices of hearings, presence of necessary parties, right of patient to be represented by counsel, taking of testimony, securing files and all other related and pertinent matters.

 3. Upon conclusion of the hearing the Masters shall make a written report, findings of fact and recommendations to the President Judge in the manner prescribed by the Court.

 4. This order is made effective as of July 30, 1971.

 (1)  On or before the 15th Tuesday before the primary election in each odd-numbered year the Court Administrator of Pennsylvania shall certify to the Secretary of the Commonwealth such information as may be necessary to specify the magisterial districts in which district justices will be elected at the municipal election in such year.

 (2)  Except as otherwise expressly ordered by the Supreme Court with respect to any particular magisterial districts, orders establishing or modifying magisterial districts entered after the 19th Tuesday before the primary election in an odd-numbered year shall not affect the number and boundaries of magisterial districts certified to the Secretary of the Commonwealth for the purposes of such primary election and the ensuing municipal election.

 (3)  Should any political subdivision or part thereof (other than the City and County of Philadelphia) be omitted in the description of the magisterial districts so certified, such political subdivision or part thereof shall be included as a part of the magisterial district which completely surrounds it, or if such omitted political subdivision or part thereof is not completely surrounded by one magisterial district it shall become a part of that magisterial district to which it is contiguous within the same county, or if there are two or more such contiguous magisterial districts, it shall become a part of that magisterial district contiguous thereto which is located within the same county and which has the least population as last officially determined for the purpose of establishing magisterial districts.

 (4)  Any city, borough, township or ward created since the affected magisterial districts were last established, and not specifically provided for in the order establishing the affected magisterial districts, shall form a part of the magisterial district or districts to which the territory comprised within the city, borough, township or ward is allotted by the provisions of the most recent order establishing the affected magisterial districts, according to the political division existing at the date of such order; and any city, borough, township or ward, or any portion thereof, annexed to any other city, borough, township or ward since the date of such order, shall form a part of the magisterial district to which the territory comprised within such city, borough, township or ward, or portion thereof, is allotted by such order, according to the political division existing at the time of such order.

   Official Note

   Section 905 of the Pennsylvania Election Code, Act of June 3, 1937 (P. L. 1333, No. 320) (25 P. S. §  2865) requires that the Secretary of the Commonwealth on or before the thirteenth Tuesday preceding the primary at which district justices are to be nominated shall send to each county board of election a written notice designating the offices of district justice for which candidates are to be nominated.

 Pursuant to Article V, §  10, of the Constitution of Pennsylvania, that, effective as of this date, the duties and responsibilities of a District Court Administrator should be, but not be limited to, those set forth below:

 1. Implementation of policies set by the State Court Administrator.

 2. Assistance to the State Court Administrator in setting statewide policies.

 3. Preparation, submission and management of the budget for his court or courts.

 4. Recruiting, hiring, training, evaluating and monitoring personnel of his court or courts.

 5. Management of space, equipment and facilities of his court or courts.

 6. Dissemination of information concerning, or of interest to, his court or courts.

 7. Procurement of supplies and services for his court or courts.

 8. Custody and disbursement of funds for his court or courts.

 9. Preparation of reports concerning his court or courts.

 10. Jury management.

 11. Study and improvement of caseflow, time standards, and calendaring.

 12. Research and development of effective methods of court functioning, including in districts where feasible the mechanization and computerization of court operations.

 13. Preparation and administration of trial calendars for all civil and criminal cases, including daily trial lists.

 14. Responsibility for the assignment, listing and disposition of all arbitration matters.

 15. General supervision of the minor judiciary system of the Judicial District.

   Official Note

   Where control and supervision of the minor judiciary from an administrative standpoint is vested in the same person serving as court administrator, it is expected that the District Court Administrator give adequate time in pursuance of his duties with the court.

§ 29.8. Pennsylvania Conference of State Trial Judges.

 The Pennsylvania Conference of State Trial Judges is hereby designated as the recognized conference representing the judges of the Courts of Common Pleas of Pennsylvania, pursuant to 42 Pa.C.S. §  1728.

 (a)  A senior judge or district justice (hereinafter referred to collectively as ‘‘senior judge’’) who has worked, either as an active judge or senior judge, for at least seventy-five (75) days on any court during calendar year 1983 shall receive health benefits similar to those available to active judges, commencing January 1, 1984, or thereafter upon the attainment of senior judge status, subject to the following conditions:

   (1)  That the said senior judge shall indicate his/her availability to serve as a judge during the 1984 calendar year for a period of at least ninety (90) days, the periods during the calendar year when he/she will be available for assignment, and his/her willingness to accept assignments. The senior judge shall submit, on forms prepared by the Administrative Office of Pennsylvania Courts, notice of his/her availability not later than December 15, 1983, or thirty (30) days prior to reaching senior judge status, whichever is later.

   (2)  Upon certification as a senior judge, the right of the senior judge to continued health benefits shall not terminate if he/she should become unable to serve by reason of intervening illness arising during the year of such certification. Any senior judge shall be entitled to receive continued health benefits for a period of one year following such inability to serve by reason of illness, provided that notice is given to the Administrative Office within thirty (30) days of such inability.

 (b)  The continuation of the aforesaid benefits following July 1, 1984, is contingent upon the authorization of such expenditure.

 (a)  The President Judge of the Court of Common Pleas of each county of this Commonwealth is hereby directed to transmit a completed Murder of the First Degree Review Form for each defendant in his judicial district who has been found guilty of murder of the first degree subsequent to the enactment of the Act of September 13, 1978, P. L. 756, No. 141, §  1, 42 Pa. C.S. §  9711, to the Administrative Office of Pennsylvania Courts within thirty (30) days of the date of this order.

 (b)  It is further directed that the President Judge shall transmit a completed Review Form for each defendant found guilty of murder of the first degree in his judicial district from this date forward to the Administrative Office of Pennsylvania Courts within thirty (30) days of the formal imposition of sentence. In addition, the President Judge shall transmit an amended Review Form for each such defendant whose sentence has been modified, within thirty (30) days of such modification.

 Under 201 Pa. Code Rule 706(d), the authority of each Administrative Judge who presides over and administers a division of a court, which division has three or more judges, shall include, but not be limited by, the following papers:

   (1)  The Administrative Judge for each division of a Court of Common Pleas shall be appointed by the Supreme Court and shall serve as such at the pleasure of the Court.

   (2)  The Administrative Judge shall have administrative supervision over the Judges of the division in the exercise of their jurisdiction.

   (3)  In exercising the administrative supervision prescribed, the Administrative Judge shall have the following general powers for facilitating the speedy and proper administration of justice in those divisions.

     (i)   To assign individual judges (including visiting judges and available judges from other divisions) to preside in cases, in designated court rooms and, from time to time to reassign the individual judges therein. Such assignments shall be for a reasonable period of time and no judge shall, without his consent, be assigned for any unreasonable or indefinite term to any specified duty.

     (ii)   The Administrative Judge shall appoint and assign all personnel of the division. However, each judge shall have power of appointment and assignment of a secretary, a tipstaff, and a law clerk, which comprise the personal staff of the appointing judge.

     (iii)   The Administrative Judge shall have the duty and authority to designate and use of all rooms assigned to the division for judicial uses, excepting chambers of each judge.

     (iv)   To provide for, establish and maintain consolidated lists (i.e., motions, jury trial, nonjury trial, equity, arraignment, etc.), and to provide and establish procedures necessary and proper to implement these practices.

     (v)   To formulate, establish and maintain such procedures as are necessary to promote, encourage and implement waivers of civil jury trials.

     (vi)   To require that sessions of the division shall be of such nature and duration that there may be maximum dispositions of business consistent with the number of judges and rooms available and the proper administration of justice in the causes concerned.

     (vii)   To report periodically to the President Judge and the Supreme Court facts and statistics concerning the dispatch of business under this program and to make such additional recommendations for changes or improvements in rules and procedures as may further expedite the proper administration of justice.

     (viii)   To make rules and regulations and do any and all things necessary and proper to carry out the purposes and intent of the general powers granted to the Administrative Judge herein.

   (4)  The Administrative Judge shall have power to assign one or more judges to sit variously to screen, pre-try, conciliate and settle such cases as may be allotted—which assignments shall be subject to the same limitations as any other assignments made by the Administrative Judge to the extent provided in these Rules.

 Any judge so assigned may appoint, with the approval of the Administrative Judge, a Special Master or Masters to assist in the performance of these various functions and shall have power, with the approval of the Administrative Judge, to issue rules and regulations governing the conduct of the phases of work herein recited.

   (5)  The Administrative Judge shall maintain monthly work records covering the performance of each judge within the division. These records shall include, but not be limited to, the following:

     (i)   The number of days the judge is physically present in the court.

     (ii)   The number of days the judge is absent from the court.

     (iii)   The reason for absences.

     (iv)   The number of cases assigned to the judge.

     (v)   The number of cases completed by the judge.

     (vi)   The number of jury trials presided over by the judge.

     (vii)   The number of non-jury trials presided over by the judge.

 (The number of days required for each of the aforementioned cases.)

     (viii)   The number of motions and/or petitions received by the judge.

     (ix)   The number of opinions filed by the judge.

     (x)   The number of opinions due and unfiled.

     (xi)   Age of the oldest opinion due and unfiled.

 These work records shall be maintained permanently by the Administrative Judge but copies thereof shall be circulated among all judges of the division, to the President Judge, and to the Court Administrator of Pennsylvania Courts.

   (6)  This directive, which further defines the previously promulgated Rule of Judicial Administration, is promulgated pursuant to Article V, Section 10(c) of the Pennsylvania Constitution which empowers this Court to prescribe lawfully for ‘‘the administration of all courts and supervision of all officers of the Judicial Branch. . . .’’ and 42 Pa.C.S. §  325(e) defining the powers of president judges, and authorizing change in those powers by general rule or order of this Court as governing authority.

   The provisions of this §  29.11 adopted April 11, 1986, effective April 11, 1986, 16 Pa.B. 1484.

Subchapter B. ALLEGED INCOMPETENT SPECIAL MASTERS

Sec.

§ 29.41. Appointment of Special Masters.

 Whenever a petition for the appointment of a guardian of an alleged incompetent residing in a state mental hospital or state center for the mentally retarded is filed in the Court of Common Pleas wherein the alleged incompetent is domiciled, pursuant to Section 5511 of the Act of June 30, 1972, P. L. 508, as amended by the Act of December 10, 1974, P. L. 867, known as the ‘‘Decedents, Estates and Fiduciaries Act,’’ 20 Pa.C.S. §  5511, it is hereby ordered that each judge of the Court of Common Pleas, when hearing such a petition, shall adopt the procedures and requirements for the provision of counsel to the alleged incompetent and his guardian set forth at Section 3 of the Order of July 7, 1978, No. 1 Alleged Incompetents Special Masters Docket, authorizing the appointment of Special Masters to hear said petitions.

 1. The Special Master shall conduct such hearing at the state institution wherein the alleged incompetent resides, whether or not the institution is in the county of domicile. The Special Master shall have such powers as are conferred upon the court by 20 Pa.C.S. §  5501 to schedule hearings at the convenience of the parties, provide notice of hearing, require the presence of all necessary parties by the issuance of subpoenas, administer oaths to parties and to witnesses, and conduct the hearing.

 2. The Court Administrator may promulgate regulations and standard petition forms to insure uniform hearing procedures on a statewide basis.

 3. The alleged incompetent and his guardian shall be represented by counsel and, unless private estate counsel exists or is appointed by the Court of Common Pleas, the Court Administrator shall take necessary steps to insure that such counsel is provided.

 4. Unless a court-appointed guardian exists prior to the filing of this petition, the Institutional Guardian of the facility in which the alleged incompetent resides shall be appointed.

 5. At the conclusion of the hearing, the Special Master shall submit his findings and recommendations to the appropriate judge of the Court of Common Pleas in the county where the petition was filed in the form of a Proposed Order for action by the court.

 6. The Special Master and appointed counsel, if any, shall receive such reasonable expenses and fees as are approved by the Court Administrator.

   Official Note

   By Order dated July 7, 1978, No. 1 Alleged Incompetents Special Masters Docket (8 Pa. B. 2098), this Court established a procedure for the appointment of a guardian for alleged incompetents residing in state mental hospitals or state centers for the mentally retarded, which are filed in the Court of Common Pleas wherein the alleged incompetent is domiciled, pursuant to Section 5511, supra. Said Order contemplated the appointment of Special Masters in those Judicial Districts where existing judicial manpower is insufficient to handle the expected volume of such petitions, necessitated by Vecchione v. Wohlgemuth, et al., No. 73-162 (U.S.D.C.-E. Pa.). This Order clarifies the intention of that Order that the alleged incompetent and his guardian be represented by counsel at all petition hearings, regardless of who conducts said hearing.

 The subject order of the Supreme Court of Pennsylvania provides a procedure for the appointment of Special Masters to conduct hearings on petitions for appointment of guardians of an alleged incompetent residing in a state mental hospital or state center for the mentally retarded, pursuant to §  5511 of the act of June 30, 1972 (P. L. 508) (20 Pa.C.S. §  5511) as amended by the act of December 10, 1974 (P. L. 867, No. 293) known as the ‘‘Decedents, Estates and Fiduciaries Act.’’ This order attempts to relieve the substantial hearing burden imposed on the state judiciary by the decision in Vecchione v. Wohlgemuth, et al., No. 73-162 (U.S.D.C.E. Pa.). To this end, the appointment of Special Masters is authorized.

 Section 2 of the order authorizes the Court Administrator to promulgate a standard petition form and other necessary regulations to insure uniform, simple hearing procedures throughout the state. Section 3 provides for designations of counsel by the Court Administrator where private counsel is unavailable to the alleged incompetent because of indigency or the lack of adequate local counsel. Section 6 provides for the establishment of fees and reasonable expenses by the Court Administrator for the Special Master and designated counsel for the alleged incompetent, if any. Regulations implementing these three sections follows:

 1. Each petition for appointment of a guardian shall be substantially in the form set forth at Appendix A. Said Petition shall have attached to it a proposed Report and Recommendations of the Special Master, and Order, Citation, Preliminary Order of Court, a Consent of the Proposed Guardian and appropriate affidavits and competency reports. Hearings shall, whenever possible, be scheduled consecutively at each institution to maximize the resources of the Special Master and others involved in the hearing process.

 2. When private counsel is not available to the alleged incompetent and an application is made in writing to the President Judge of the court wherein the petition is filed by either the petitioner, the alleged incompetent or the guardian ad litem for the alleged incompetent, the President Judge shall designate and appoint such counsel as are in public service, to serve without compensation; failing in which, however, the Court Administrator shall designate appointed counsel, upon the recommendation and finding of the President Judge that such appointment is appropriate and necessary. The Court Administrator may designate one or more counsel to represent all unrepresented alleged incompetents at each institution or center where such hearings are held. The application for appointment of counsel shall be substantially in the form set forth at Appendix B.

 3. The Special Master and appointed counsel shall receive such reasonable compensation and actual expenses as may be fixed by the Court Administrator on recommendation of the President Judge. Scheduling of hearings should be made so as to minimize travel costs. Such expenses shall be submitted to the Court for approval at the time the Report and Recommendation of the Special Master is submitted to the Court and shall be paid from the estate, unless funds are insufficient or legally unavailable for such purposes. If funds are not available, such compensation and expense charges shall be assessed for payment by the County.

 4. The Special Master shall receive such reasonable per diem compensation or salary as is agreed upon in advance of hearings by the Court Administrator and the President Judge. Special Masters shall be appointed so as to minimize overall costs and to reduce the amount which may be assessed against individual estates to cover such compensation. Where funds in individual estates are insufficient or are otherwise legally unavailable, the compensation of the Special Master shall be assessed for payment by the County. The Court Administrator may authorize representation of alleged incompetents pursuant to Section 3 and Regulation 2 to be paid reasonable compensation as determined in advance of such representation, either on a per case basis, if such counsel is designated for individual cases, or on a salary basis, if such counsel is designated as a general representative for all unrepresented alleged incompetents at a specific institution or center.

   The provisions of this §  29.42 adopted September 1, 1978, 8 Pa. B. 2424.

APPENDIX A

IN THE MATTER OF	: IN THE COURT OF COMMON PLEAS OF
	:   COUNTY, PENNSYLVANIA
(name)	ORPHANS’ COURT DIVISION
An Alleged Incompetent	: No.      19

 PETITION FOR APPOINTMENT OF GUARDIAN

 The petition of

 1. Your Petitioner has custody of the alleged incompetent at

 2. The alleged incompetent was admitted to the aforesaid institution on

 3. The alleged incompetent is domiciled at

 4. The alleged incompetent is

 5. The alleged incompetent’s military status is: 

 6. The alleged incompetent’s marital status is

 7. Those persons, if any, who are the alleged incompetent’s next of kin and their relationship to same, of whom your Petitioner has knowledge are as follows:

 8. No other Court within this Commonwealth of which Petitioner has knowledge has appointed a guardian for the alleged incompetent.

 9. The alleged incompetent has income consisting of:

   (a)  Money due from

   (b)  Money due from

APPENDIX A (Continued)

 10. The alleged incompetent has assets, real and personal, of which the Petitioner is aware, in the amount of $

   (a)  

   (b)  ‘‘Vecchione Refund’’ monies in the amount of $

   (c)  

 11. The alleged incompetent has debts outstanding in the amount of $

   (a)  $

   (b)  $

   (c)  

 12. The alleged incompetent is incapable of handling

 13. 

 14. If appointed as Guardian,

 15. In light of these provisions and in furtherance of Paragraph 7 of the aforesaid regulations, Petitioner requests preference be given to a bank, trust company or other individual willing to accept appointment as Guardian.

 Wherefore, the Petitioner prays that a citation be issued directing

APPENDIX A (Continued)

     BY:

 EXHIBIT ‘‘A’’
COMPETENCY REPORT
AFFIDAVIT

 I,

APPENDIX A (Continued)

   Sworn to and Subscribed Before
me this

 EXHIBIT ‘‘B’’
CONSENT OF PROPOSED GUARDIAN

   I,

 Further, I do hereby certify that I am not a fiduciary of any estate in which the alleged incompetent has an interest, nor have I any interest adverse to the alleged incompetent.

 The facts and opinions contained herein are true and correct to the best of my knowledge, information, and belief.

 PRELIMINARY ORDER OF COURT

 AND NOW, this

APPENDIX A (Continued)

   is hereby appointed by the court to act as guardian ad litem for

 At least twenty (20) days written notice of the hearing shall be given to

 CITATION


TO:

 We command you to appear at a hearing in the Orphans’ Court of

 Citation Returnable the

 The Honorable

APPENDIX A (Continued)

REPORT AND RECOMMENDATION OF THE
SPECIAL MASTER AND ORDER OF COURT

 Upon hearing of the Petition and Citation for Appointment of a guardian for

   the Special Master, appointed by this Honorable Court to hear said Petition, finds that the said

 It Is Therefore Recommended that

 The guardian, within three months after real or personal estate of the incompetent comes into his possession, shall verify by oath and file with the Clerk an inventory and appraisement of such personal estate, a statement of such real estate, and a statement of any real or personal estate which he expects to acquire thereafter.
    

 ORDER

 IT IS ORDERED AND DECREED THAT the report and recommendation of the Special Master be approved.

 IT IS FURTHER ORDERED AND DECREED, that the Surety Bond issued by

 All costs and expenses of this hearing to be borne by the Estate of the said

APPENDIX B

IN THE MATTER OF	: IN THE COURT OF COMMON    PLEAS OF
	:   COUNTY, PENNSYLVANIA
(name)	ORPHANS’ COURT DIVISION
An Alleged Incompetent	: No. 19

 APPLICATION FOR APPOINTMENT
OF COUNSEL FOR ALLEGED INCOMPETENT

 The Court Administrator is hereby requested to designate appointed counsel for said alleged incompetent upon the Court’s finding of the unavailability of appropriate private counsel as set forth in said application.
   BY THE COURT:
   

§ 29.43. Fee Schedule for Special Masters and Appointed Counsel.

 (a)  In accordance with Order entered by this Court on July 7, 1978, at No. 1 Alleged Incompetent Special Masters Docket, Special Masters and counsel appointed for proceedings on petitions for the appointment of guardians of alleged incompetents residing in state mental hospitals or state centers for the mentally retarded pursuant to Section 5511 of the Decedents, Estates and Fiduciaries Act, 20 Pa.C.S. §  5511, are entitled to receive reasonable expenses and fees for services. Fees for such services shall not exceed the following:

 $100.00 One (1) hearing per day

 $200.00 Two (2) hearings per day

 $300.00 Three (3) or more hearings per day.

 (b)  These fees set forth in subsection (a) are premised on the theory that as many hearings as possible will be scheduled per day.

 (c)  Any schedule proposed by a court of common pleas must receive the approval of the Court Administrator of Pennsylvania prior to implementation.

   The provisions of this §  29.43 adopted and effective December 3, 1984, 14 Pa.B. 4593.

Subchapter C. FINANCIAL DISCLOSURE AND REPORTING
REQUIREMENTS FOR JUDICIAL OFFICERS

Sec.

 (A)  Any judicial officer serving after the effective date of this Order in 1984, shall file, on or before May 1, 1985, a statement of financial interest covering the period from July 1, 1984, through December 31, 1984.

 (B)  In all succeeding years, every judicial officer shall file a statement of financial interest for such succeeding calendar year no later than May 1 of the following year.

 (A)  Upon failure of any judicial officer to file the required statement within the time allowed, the Administrative Office shall give notice to such judicial officer that failure to comply with this Order within 10 days shall result in suspension of the judicial officer from his duties.

 (B)  Following the receipt of this notice, if the judicial officer fails to file the statement within the 10-day period, the Administrative Office of Pennsylvania Courts shall immediately notify the Supreme Court and the Judicial Inquiry and Review Board of the delinquency in filing.

 (C)  The knowing and willful falsification of any information required to be reported pursuant to this Order, or the knowing and willful failure to report information as required by this Order, shall constitute a charge of misconduct and shall result in referral of the case to the Judicial Inquiry and Review Board for expedited disposition.

Subchapter D. LAWYER ASSESSMENT COMMITTEE

Sec.

§ 29.71. Composition of Lawyer Assessment Committee.

 The Lawyer Assessment Committee shall consist of five members as follows: the Chairman and Vice-Chairman of the Disciplinary Board; the Chairman and Vice-Chairman of the Pennsylvania Client Security Fund Board; and the Court Administrator of Pennsylvania, who shall serve as Chairman of the Lawyer Assessment Committee.

 The Lawyer Assessment Committee shall be responsible for the establishment and maintenance of a complete and accurate registration list of Pennsylvania attorneys and for the collection, retention and allocation of monies assessed pursuant to 204 Pa. Code Rules 219 and 502 (relating to periodic assessment of attorneys and Pennsylvania Client Security Fund).

   The provisions of this §  29.72 adopted September 12, 1986, effective September 12, 1986, 16 Pa.B. 3688.

Subchapter E. CAPITAL EXPENDITURES

Sec.

§ 29.81. Acquisition of Capital Equipment.

 The intermediate appellate courts, committees and boards of this Court shall not incur any capital expenditure where the total cost exceeds ten thousand ($10,000.00) dollars without the explicit approval of the Supreme Court.

Subchapter F. FINANCIAL INTERMEDIARY

Sec.

§ 29.91. Payment through financial intermediary.

 (a)  The Supreme Court, pursuant to Art. 5, §  10 of the Pennsylvania Constitution, and 42 Pa.C.S. §  1721, hereby authorizes the Court Administrator of Pennsylvania to adjust the level of fines, costs, fees and other remittances as otherwise fixed by law so as to facilitate the transmission of remittances through or by a financial intermediary pursuant to such regulations without net cost to any government unit, pursuant to 42 Pa.C.S. §  3502(c)(3).

 (b)  For purposes of 42 Pa.C.S. §  3502(c) and this regulation, the term financial intermediary shall include credit card issuers, ticket processing service organizations, and other institutions providing services relating to the collection of fines, costs and other remittances.

 (a)  Pursuant to 42 Pa.C.S.A. §  3502(c)(1) and (2), the Court Administrator of Pennsylvania hereby authorizes the payment of fines, costs, fees and other remittances in all cases under the Motor Vehicle Code (Title 75, Pennsylvania Consolidated Statutes) and all local ordinances prosecuted in the Pittsburgh Magistrates Court through or by a credit card issuer or other financial intermediary. The City of Pittsburgh is hereby authorized to enter into contracts for such services, as agent of the Administrative Office, with credit card issuers and other financial intermediaries.

 (b)  Pursuant to 42 Pa.C.S.A. §  3502(c)(3), the Court Administrator of Pennsylvania hereby adjusts the level of fines, costs, fees and other remittances in all cases under the Motor Vehicle Code (Title 75, Pennsylvania Consolidated Statutes) and all local ordinances prosecuted in the Pittsburgh Magistrates Court as follows:

   (i)  by increasing such costs, fees and remittances in an amount not more than 30% of the entire amount collected by a contracting financial intermediary per citation. Said amount shall be paid to a contracting financial intermediary and shall be added to the fines, costs, fees and other remittances at such time as an adjudication of guilt is entered against the defendant by a judge of the Pittsburgh Magistrates Court, and

   (ii)  by increasing such costs, fees and remittances in an amount not more than 5% of the entire amount collected through a credit card issuer per citation. Said amount shall be paid to a credit card issuer and shall be added at the time of payment.

 (c)  This regulation shall be effective October 26, 1992, and shall apply to all citations filed with the Pittsburgh Magistrates Court prior to that date.

   The provisions of this §  29.92 adopted October 26, 1992, effective October 26, 1992, and apply to all citations filed with the Pittsburgh Magistrates Court prior to that date, 22 Pa.B. 5516.

Subchapter G. ASSIGNMENT OF VISITING
ACTIVE JUDGES AND DISTRICT JUSTICES

Sec.

§ 29.101. Court of Common Pleas of the 4th, 8th, 17th, 25th, 26th, 29th, 42nd and 55th Judicial Districts.

 (a)  To promote continuous judicial coverage and the efficient assignment of visiting active judges and district justices for the year 1990, the president judges of the Courts of Common Pleas of the 4th, 8th, 17th, 25th, 26th, 29th, 42nd, and 55th judicial districts, subject to the Regulations of the Court Administrator of Pennsylvania, are authorized to provide for the assignment of said judges and district justices to any other of the judicial districts referred to herein. Judges and district justices when so assigned shall exercise the same power and authority as are vested in a judge or district justice of the assigned district, and their expenses shall be reimbursed as provided by law.

 (b)  This Order shall be effective immediately.

 (a)  To promote continuous judicial coverage and the efficient assignment of visiting active judges and district justices for the year 1990, the president judges of the Courts of Common Pleas of the 9th, 19th, 39th, 41st, 51st and 57th judicial districts, subject to the Regulations of the Court Administrator of Pennsylvania, are authorized to provide for the assignment of said judges and district justices to any other of the judicial districts referred to herein. Judges and district justices when so assigned shall exercise the same power and authority as are vested in a judge or district justice of the assigned district, and their expenses shall be reimbursed as provided by law.

 (b)  This Order shall be effective immediately.

 (a)  To promote continuous judicial coverage and the efficient assignment of visiting active judges and district justices for the year 1990, the president judges of the Courts of Common Pleas of the 18th, 28th, 33rd, 37th, 48th, 54th, and 59th judicial districts, subject to the Regulations of the Court Administrator of Pennsylvania, are authorized to provide for the assignment of said judges and district justices to any other of the judicial districts referred to herein. Judges and district justices when so assigned shall exercise the same power and authority as are vested in a judge or district justice of the assigned district, and their expenses shall be reimbursed as provided by law.

 (b)  This Order shall be effective immediately.

 (a)  To promote continuous judicial coverage and the efficient assignment of visiting active judges and district justices for the year 1990, the president judges of the Courts of Common Pleas of the 20th, 24th, 25th, 41st, 46th, 49th, and 58th judicial districts, subject to the Regulations of the Court Administrator of Pennsylvania, are authorized to provide for the assignment of said judges and district justices to any other of the judicial districts referred to herein. Judges and district justices when so assigned shall exercise the same power and authority as are vested in a judge or district justice of the assigned district, and their expenses shall be reimbursed as provided by law.

 (b)  This Order shall be effective immediately.

 (a)  To promote continuous judicial coverage and the efficient assignment of visiting active judges and district justices, the president judges of the Court of Common Pleas of the 22nd, 34th, 43rd, 44th, and 60th judicial districts, subject to the Regulations of the Court Administrator of Pennsylvania, are authorized to provide for the assignment of said judges and district justices to any other of the judicial districts referred to herein. Judges and district justices when so assigned shall exercise the same power and authority as are vested in a judge or district justice of the assigned district, and their expenses shall be reimbursed as provided by law.

 (b)  This Order shall be effective immediately and shall continue in effect until further order.

   The provisions of this §  29.105 adopted October 10, 1990, effective immediately, 20 Pa.B. 5364.

Subchapter H. JUDICIAL ADMINISTRATION
IN PHILADELPHIA TRAFFIC COURT

Sec.

§ 29.111. Applicability of summary rules to Philadelphia Traffic Court.

 (a)  The Order of February 27, 1989, No. 57 Judicial Administration Docket No. 1, vacating in part the Order of July 18, 1986, by former Justice William D. Hutchinson, Chairman, Supreme Court Traffic Committee, which stayed applicability of Chapter 50 of the Pennsylvania Rules of Criminal Procedure to Philadelphia Traffic Court is hereby amended in that the stay of Chapter 50 Rules of Criminal Procedure to the Philadelphia Traffic Court with respect to parking offenses is dissolved. Philadelphia Traffic Court is directed to operate in accordance with the aforesaid rules of procedure concerning all summary cases arising under the Motor Vehicle Code, including parking violations, Title 75 of Pennsylvania Consolidated Statutes, or local traffic ordinances including parking offenses.

 (b)  This order is effective as to citations involving parking offenses filed with the Traffic Court on of after March 7, 1989.

   The provisions of this §  29.111 amended March 7, 1989, effective March 7, 1989, 19 Pa.B. 1279.

Subchapter I. BUDGET AND FINANCE

Sec.

§ 29.351. Definitions.

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

   1. Except for the provisions of subsection (g) below, for purposes of 42 Pa.C.S. § §  3733(a.1) and 3733.1, a statutory fee of twelve dollars and twenty-five cents ($12.25) 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; and

     v. Subpoenas

 (b)  Court of Common Pleas. Prothonotary. Civil Actions and Legal Proceedings.

   1. Except for the provisions of subsection (g) below, for purposes of 42 Pa.C.S. § §  3733(a.1) and 3733.1, a statutory fee of twelve dollars and twenty-five cents ($12.25) shall be imposed on a civil action or legal proceeding in a Court of Common Pleas whenever it is initiated upon the filing of the first legal paper therein of record with the prothonotary, which legal paper may be:

     i. Praecipe for a Writ of Summons;

     ii. Complaint;

     iii. Agreement for an Amicable Action;

     iv. Petition;

     v. Notice of Appeal from a court of limited jurisdiction; or,

     vi. 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 Procedure, 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 Magisterial District Judges.

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

   1. Except for the provisions of subsection (g) below, for purposes of 42 Pa.C.S. § §  3733(a.1) and 3733.1, a statutory fee of twelve dollars and twenty-five cents ($12.25) 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. Except for the provisions of subsection (g) below, for purposes of 42 Pa.C.S. § §  3733(a.1) and 3733.1, a statutory fee of twelve dollars and twenty-five cents ($12.25) shall be imposed upon conviction, guilty plea, or when a defendant is granted entry into an Accelerated Rehabilitative Disposition (ARD) or other pretrial diversionary program based upon the initiation of any criminal proceeding. The initiation of a criminal proceeding shall include:

     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); 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. Except for the provisions of subsection (g) below, for purposes of 42 Pa.C.S. § §  3733(a.1) and 3733.1, a statutory fee of twelve dollars and twenty-five cents ($12.25) 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 and any other filing for which a fee is imposed, which can be considered a property transfer, is included and should have the fee 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;

     viii. Easements; and

     ix. Rights of Way

 (e)  Minor Judiciary. Civil and Criminal Proceedings.

   1. For purposes of 42 Pa.C.S. § §  3733(a.1) and 3733.1 a statutory fee of twelve dollars and twenty-five cents ($12.25) shall be imposed on the initiation of a legal proceeding. 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) below, a statutory fee of twelve dollars and twenty-five cents ($12.25) 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) below, a statutory fee of twelve dollars and twenty-five cents ($12.25) 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, Philadelphia Municipal Court, and Philadelphia Traffic Court. Title 75 Summary Offenses Initiated by Traffic Citation. 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 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.

     iv. Pittsburgh Municipal Court. Civil Actions. Except for the provisions of subsection (g) below, a statutory fee of twelve dollars and twenty-five cents ($12.25) 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) below, a statutory fee of twelve dollars and twenty-five cents ($12.25) 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 for in the Pennsylvania Rules of Criminal Procedure.

     vi. Philadelphia Municipal Court. Civil Actions. Except for the provisions of subsection (g) below, a statutory fee of twelve dollars and twenty-five cents ($12.25) 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) below, a statutory fee of twelve dollars and twenty-five cents ($12.25) 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 a 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) below, for purposes of 42 Pa.C.S. § §  3733(a.1) and 3733.1, a statutory fee of twelve dollars and twenty-five cents ($12.25) 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 and any other filing for which a fee is imposed, which can be considered a property transfer, is included. 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;

     viii. Easements; and

     ix. Rights of Way

 (g)  Temporary Surcharge.

     i. For a period of twenty-five (25) months beginning on December 8, 2009 and ending on January 7, 2012 pursuant to Act 49 of 2009, a temporary surcharge of eleven dollars and twenty-five cents ($11.25) shall be collected by all collectors of the JCS/ATJ fee to supplement the twelve dollars and twenty-five cents ($12.25) statutory fee described above.

     ii. The 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.

 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, any other entity on behalf of the Court using the Common Pleas Criminal Court Case Management System (CPCMS), and those Magisterial District Courts which are using the ‘‘redesigned’’ Magisterial District Judge System (MDJS).

 These regulations are effective December 8, 2009.

 I. Schedule for standard distribution of funds collected by the Criminal Division of the Courts of Common Pleas, Philadelphia Municipal Court, any other entity on behalf of the Court using the CPCMS and those Magisterial District Courts using the ‘‘redesigned’’ MDJS.

   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, any other entity on behalf of the Court using the CPCMS and those Magisterial District Courts using the ‘‘redesigned’’ MDJS shall be distributed in the following prioritized order:

   1. The collection agency fee provided for in 42 Pa.C.S. §  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)(6) 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/Criminal Justice Enhancement Account (JCS/ATJ/CJEA) Fee (see 42 Pa.C.S. § §  3733(a.1) and 3733.1).

     5. Electronic monitoring fees, offender supervision fees (as set forth in 18 P. S. §  11.1102(c)), alcohol highway safety school fees, 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, 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. § §  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 CPCMS 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. §  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; amended October 29, 2009, effective December 8, 2009, 39 Pa.B. 6545. Immediately preceding text appears at serial pages (310421) to (310422) and (345689) to (345690).

Subchapter J. PROCUREMENT FOR FIRST
JUDICIAL DISTRICT

Sec.

§ 29.371. Procurement of goods, supplies, equipment and certain services.

 The procurement of goods, supplies, equipment and certain services and facilities for all the Courts of the First Judicial District of the Commonwealth of Pennsylvania (the ‘‘Courts’’) shall be made directly by the Courts, rather than by the Procurement Department of the City of Philadelphia. All procurement shall be administered by the Administrative Office of the Pennsylvania Courts (the ‘‘A.O.P.C.’’) pursuant to those regulations that apply to procurement by the A.O.P.C. and such other requirements as the A.O.P.C. shall direct. The City of Philadelphia shall transfer procurement funds, other than Federal funds, appropriated by Council of Philadelphia and required for the operation of the Courts, to the A.O.P.C. The A.O.P.C. is hereby authorized to enter into a Memorandum of Understanding with the City of Philadelphia to effectuate the purposes of this Order. The funds transferred to the A.O.P.C. shall not be applied to purchase orders or commitments placed prior to this Order by the City of Philadelphia for the Courts of the First Judicial District of the Commonwealth of Pennsylvania.

   The provisions of this §  29.371 adopted June 27, 1991, effective June 27, 1991, 21 Pa.B. 3137.

Subchapter K. COSTS, FINES AND FEES

Sec.

 The Pennsylvania Supreme Court, pursuant to Art. V, §  10 of the Pennsylvania Constitution, and 42 Pa.C.S. §  1721, has authorized 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, Philadelphia Municipal Court and Philadelphia Traffic Court.

 (a)  Civil cases.—In calendar year 2010, 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… $46.00

   (2)  Actions involving more than $500 but not
more than $2,000… $61.00

   (3)  Actions involving more than $2,000 but not
more than $4,000… $76.50

   (4)  Actions involving more than $4,000 but not
more than $8,000…$114.50

   (5)  Landlord-tenant actions involving less than
$2,000… $69.00

   (6)  Landlord-tenant actions involving more than
$2,000 but not more than $4,000… $84.00

   (7)  Landlord-tenant actions involving more than
$4,000 but not more than $8,000… $114.50

   (8)  Order of execution… $34.50

   (9)  Objection to levy… $15.50

   (10)  Reinstatement of complaint…  $8.00

   (11)  Entering Transcript on Appeal or
Certiorari…  $4.00

 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 2010, 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)…  $7.00

 (b)  Criminal cases.—In calendar year 2010, 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… $43.50

   (2)  Summary conviction, motor vehicle cases,
other than paragraph (3)… $34.50

   (3)  Summary conviction, motor vehicle cases,
hearing demanded… $41.50

   (4)  Misdemeanor… $50.00

   (5)  Felony… $57.50

 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 2010, 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 …  $8.00

   (2)  Marrying each couple, making record thereof,
and certificate to the parties … $38.50

   (3)  Granting emergency relief pursuant to
23 Pa.C.S. Ch. 61 (relating to protection from
abuse)… $15.50

   (4)  Issuing a search warrant (except as provided
in subsection (d))… $15.50

   (5)  Any other issuance not otherwise provided in
this subsection… $15.50

 In calendar year 2010, Commonwealth portion of fines, etc.

   *  *  *  *  *

   (2)  Amounts payable to the Commonwealth:

     (i)   Summary conviction, except motor vehicle
cases… $15.30

     (ii)   Summary conviction, motor vehicle cases other
than subparagraph (iii)… $15.30

     (iii)   Summary conviction, motor vehicle cases,
hearing demanded… $15.30

     (iv)   Misdemeanor… $20.00

     (v)   Felony… $30.70

     (vi)   Assumpsit or trespass involving:

       (A)   $500 or less… $19.20

       (B)   More than $500 but not more than
$2,000… $30.50

       (C)   More than $2,000 but not more than
$4,000… $45.90

       (D)   More than $4,000 but not more than
$8,000… $76.35

     (vii)   Landlord-tenant proceeding involving:

       (A)   $2,000 or less… $30.70

       (B)   More than $2,000 but not more than
$4,000… $38.15

       (C)   More than $4,000 but not more than
$8,000… $53.45

     (viii)   Objection to levy…  $7.75

     (ix)   Order of execution… $23.00

     (x)   Issuing a search warrant (except as provided
in section 1725.1(d) (relating to costs))… $10.85

     (xi)   Order of possession… $15.00

     (xii)   Custody cases (except as provided in
section 1725(c)(2)(v))…  $5.60

 (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:

   *  *  *  *  *

 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 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:

       (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).

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

Subchapter L. CERTIFICATION OF QUESTIONS OF LAW

Sec.

 1. Any of the following courts may file a Certification Petition with this Court:

   a. The United States Supreme Court; or

   b. Any United States Court of Appeals.

 2. A court may file a Certification Petition either on the motion of a party or sua sponte.

 3. A Certification Petition shall contain the following:

   a. A brief statement of the nature and stage of the proceedings in the petitioning court;

   b. A brief statement of the material facts of the case;

   c. A statement of the question or questions of Pennsylvania law to be determined;

   d. A statement of the particular reasons why this Court should accept certification; and

   e. A recommendation about which party should be designated Appellant and which Appellee in subsequent pleadings filed with this Court.

 1. Any of the following courts may file a Certification Petition with this Court:

   a. The United States Supreme Court; or

   b. Any United States Court of Appeals.

 2. A court may file a Certification Petition either on the motion of a party or sua sponte.

 3. A Certification Petition shall contain the following:

   a. A brief statement of the nature and stage of the proceedings in the petitioning court;

   b. A brief statement of the material facts of the case;

     c. A statement of the question or questions of Pennsylvania law to be determined;

   d. A statement of the particular reasons why this Court should accept certification; and

   e. A recommendation about which party should be designated Appellant and which Appellee in subsequent pleadings filed with this Court.

   f. The petitioning court shall attach to the Certification Petition copies of any papers filed by the parties regarding certification, e.g., a Motion for Certification, a Response thereto, a Stipulation of Facts, etc.

Subchapter M. PROHIBITED POLITICAL ACTIVITY BY COURT-APPOINTED EMPLOYEES GUIDELINES REGARDING POLITICAL ACTIVITY BY COURT-APPOINTED EMPLOYEES

Sec.

 (a)  The term “partisan political activity” shall include, but is not limited to, running for public office, serving as a party committee-person, working at a polling place on Election Day, performing volunteer work in a political campaign, soliciting contributions for political campaigns, and soliciting contributions for a political action committee or organization, but shall not include involvement in non-partisan or public community organizations or professional groups.

 (a)  Court-appointed employees shall not be involved in any form of partisan political activity.

 The President Judge of each appellate court or county court of common pleas shall be responsible for the implementation of these guidelines and shall be subject to the review of the Judicial Inquiry and Review Board for failure to enforce.