Court of Common Pleas of Fayette County, Pennsylvania Filing Fees and Waivers

CRITICAL

Fee

100

Applies to

Expungement adjudication consent decree

A $100 fee payable to the JCR Fund is listed for ADJ/CD expungements.

Expungement (ADJ / CD) $100.00 Payable to JCR Fund

CRITICAL

Fee

25

Applies to

Continuance

A $25 fee must be paid for a continuance unless the Court waives it, and proof of payment must be attached to the motion.

A $25.00 fee shall be charged for continuances. No continuance shall be granted without payment of the required fee unless waived by the Court. Proof of payment shall be attached to the motion when presented in accordance with Fayette County Rule 208.3.

CRITICAL

Fee

$750

Applies to

Master services

Before a master is appointed, the moving party must deposit $750 for the master's services with the Prothonotary.

(a) The moving party shall file a Motion for Appointment of Master and deposit the sum of $750.00 for the master’s services with the Prothonotary prior to the time that a master is appointed.

CRITICAL

Applies to

Transcript

The requesting party, or the party required by general rule to file a transcript, is responsible for its cost.

(1) Assignment of costs. The requesting party, or party required by general rule to file a transcript, shall be responsible for the cost of the transcript.

CRITICAL

Fee

100

Applies to

Adjudication hearing

A $100 Fayette County Youth Commission Program fee is listed for adjudication hearings.

Fayette County Youth Commission Program $100.00

CRITICAL

Fee

35.5

Applies to

Adjudication hearing

A $35.50 Judicial Computer Project fee is listed for adjudication hearings.

Judicial Computer Project (JCP / ATJ / CJEA) $35.50

CRITICAL

Fee

25

Applies to

Adjudication hearing

A $25 Juvenile Court Restitution Program fee is listed for adjudication hearings.

Juvenile Court Restitution Program (JCR) $25.00

CRITICAL

Fee

25

Applies to

Adjudication hearing

A $25 Crime Victims Compensation Cost is listed for adjudication hearings.

Crime Victims Compensation Cost $25.00

CRITICAL

Fee

300

Applies to

Adjudication hearing

A $300 Substance Abuse, Education and Demand Reduction Fund fee is listed for DUI 3802 cases with BAC above .16.

Substance Abuse, Education and Demand $100.00 BAC <.16 Reduction Fund (DUI 3802 ONLY) $300.00 BAC >.16

CRITICAL

Fee

65

Applies to

Adjudication hearing

A $65 County Costs (Petition / Automation Fee) is listed for adjudication hearings.

County Costs (Petition / Automation Fee) $65.00

CRITICAL

Fee

300

Applies to

Adjudication hearing

A $300 Booking Center Fee is listed for adjudication hearings.

Booking Center Fee $300.00

CRITICAL

Fee

100

Applies to

Child custody mediation request

A party requesting child custody mediation must pay a $100 filing fee with the request.

A party who is requesting a child custody mediation conference must file, after filing an appropriate complaint/petition, with the Prothonotary a “Request to Schedule Child Custody Mediation” form, along with the $100.00 filing fee, in accordance with F.C.R. 1915.3.

CRITICAL

Applies to

Transcript

Costs for transcripts requested under Rule 4008(B)(1)–(B)(3) are charged to Fayette County for payment to the reporter, and no deposit is required.

(7) Transcripts requested in accordance with Rule 4008(B)(1) through (B)(3) shall have costs imputed to the County of Fayette for payment to the court reporter. In accordance with Rule 4007(E), no deposit shall be required.

CRITICAL

Fee

100

Applies to

Adjudication hearing

A $100 Substance Abuse, Education and Demand Reduction Fund fee is listed for CSDDCA cases.

Substance Abuse, Education and Demand $100.00 Reduction Fund (CSDDCA ONLY)

CRITICAL

Applies to

Ordinary transcript

Ordinary transcript costs must be waived in an appealed matter or when the transcript is needed to advance litigation for a litigant permitted to proceed in forma pauperis or with income below 125% of the current HHS poverty line.

(1) Transcript costs for ordinary transcripts in matters under appeal or where the transcript is necessary to advance the litigation shall be waived for a litigant who has been permitted by the court to proceed in forma pauperis or whose income is less than 125 percent of the poverty line as defined by the U.S. Department of Health and Human Services (HHS) poverty guidelines for the current year.

CRITICAL

Fee

500

Applies to

Adjudication hearing

A $500 fee is listed for manufacture or sale of a false ID card.

Manufacture / Sale of False ID Card $500.00

CRITICAL

Fee

25

Applies to

Adjudication hearing

A $25 Amber Alert System Cost is listed for adjudication hearings.

Amber Alert System Cost $25.00

CRITICAL

Fee

100

Applies to

Adjudication hearing

A $100 Substance Abuse, Education and Demand Reduction Fund fee is listed for DUI 3802 cases with BAC below .16.

Substance Abuse, Education and Demand $100.00 BAC <.16 Reduction Fund (DUI 3802 ONLY)

CRITICAL

Applies to

District magisterial certification

The Juvenile Court Restitution Program receives 50% of collections for district magisterial certifications.

Juvenile Court Restitution Program 50% of collection

CRITICAL

Applies to

District magisterial certification

The Fayette County Youth Commission Program receives 50% of collections for district magisterial certifications.

Fayette County Youth Commission Program 50% of collection

CRITICAL

Applies to

Expungement

All financial obligations must be paid before a Youth Commission case may be expunged.

All financial obligations must be paid in full before a case handled by the Youth Commission may be expunged.

CRITICAL

Applies to

Required transcript

A party filing exceptions must make any payment or deposit necessary for a required transcript.

(a) A party filing exceptions shall request and cause to be filed any transcript required and make any necessary payment or deposit therefore.

CRITICAL

Fee

$100

Applies to

Child custody related filing

When the stated custody-related filing has no agreed-upon order disposing of the issues, the moving party must pay a non-refundable $100 conciliation fee in addition to other fees, unless the court approves proceeding in forma pauperis.

Upon the filing of any complaint, petition, or motion relating to child custody, partial custody, visitation, or contempt, where there is at the time of filing no agreed- upon Order disposing of the issues, the moving party shall file and serve a Request to Schedule Child Custody Mediation and pay to the Prothonotary (in addition to any other required fees), a non-refundable conciliation fee in the amount of One Hundred ($100.00) Dollars, or shall file to proceed in forma pauperis with Court approval in accordance with Pa.R.C.P. §240.

CRITICAL

Applies to

Transcript

Transcript payments and balances are paid to the Administrative Office, not the court reporter; the reporter prepares the transcript after receipt of the deposit and delivers it after the balance is paid.

No payments shall be made to the court reporter. (2) upon receipt of the deposit by the Administrative Office of Fayette County Courts, the court reporter shall prepare the transcript. (3) the court reporter shall notify the ordering party and the district court administrator of the completion of the transcript and of the final balance due. (4) upon payment of any balance owed to the Administrative Office of Fayette County Courts, the court reporter shall deliver the original transcript to the appropriate filing office and a copy for the ordering party in the form requested to the district court administrator.

CRITICAL

Applies to

Transcript

When the court or county is responsible for a transcript’s cost, no deposit is required before the reporter prepares it.

(E) When a transcript is requested for which the court or county is responsible for the cost, the court reporter shall prepare the transcript without the necessity of a deposit.

CRITICAL

Applies to

Civil action settlement

Unless all parties agree otherwise in writing, settling defendants in a filed civil action must pay the plaintiff the listed record court costs.

Unless all parties agree in writing to the contrary, the settling defendant or defendants in any filed civil action shall pay to the plaintiff record court costs which are specifically defined to be: Initial filing fees; Service of process fees; and Costs to settle and discontinue the docket.

CRITICAL

Fee

250

Applies to

Adjudication hearing

A $250 DNA fee is listed for any felony or for the specified offenses.

DNA (Any Felony) or (M) 3126 & 2910(a)(1) $250.00

CRITICAL

Applies to

Adjudication hearing

The DUI-only PSP Crime Lab User Fee is actual cost and applies only when court ordered.

PSP Crime Lab User Fee (DUI ONLY) Actual Cost / Court Ordered Only

CRITICAL

Applies to

Certified record

The Prothonotary must accept the plaintiff’s certified record for filing without payment of fees.

The Prothonotary shall accept the certified record from the plaintiff for filing without the payment of fees.

CRITICAL

Fee

25

Applies to

Charges dismissed via victim request

A $25 fee payable to the JCR Fund is listed when charges are dismissed via victim request.

Charges dismissed via victim request $25.00 Payable to JCR Fund

CRITICAL

Applies to

District magisterial certification

Restitution for district magisterial certifications is listed as payable by promissory note if applicable.

Restitution Promissory note if applicable

CRITICAL

Applies to

Ordinary transcript

Legal-aid-represented litigants need not prove economic hardship, and legal aid services may obtain ordinary transcripts at no cost by attaching the specified certification letter to the transcript request.

(6) Litigants who have been approved for representation by legal aid services are not required to prove economic hardship. Legal aid services shall be entitled to obtain ordinary transcripts for no cost by attaching to their Request for Transcript a letter of certification verifying in accordance with Rule 4008(B) that the represented client meets financial eligibility and that the matter is under appeal or that the transcript being requested is necessary to advance the current litigation.

CRITICAL

Fee

25

Applies to

Consent decree

A $25 County Costs (Petition / Automation Fee) is listed for consent decrees.

County Costs (Petition / Automation Fee) $25.00

WARNING

Fee

6.5 $

Applies to

Same day transcript

Electronic transcripts requested for same-day delivery by a party other than the Commonwealth or its subdivisions may cost no more than $6.50 per page.

(1) The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for a transcript in an electronic format shall not exceed: (d) for same day delivery, $6.50 per page.

WARNING

Upon final disposition, 30% of a cash deposit, with a minimum retention of $10, is kept for administrative costs and the balance is returned unless the depositor agrees otherwise in writing.

Upon full and final disposition of the case, the issuing authority or the Clerk of Courts shall retain thirty percent (30%) of the amount deposited, but in no event less than Ten ($10.00) Dollars, as administrative costs, which includes the Clerk’s poundage fee for the percentage cash bail program. The balance shall be returned to the depositor, unless the depositor at the time the balance is to be returned otherwise agrees in writing. The thirty per cent (30%) to be retained shall be considered as earned at the time the bail undertaking is executed and the defendant or the third party surety deposits the cash.

WARNING

Applies to

Transcript request

The ordering party must pay 75% of the estimated transcript cost in advance; payments are nonrefundable and must be made by money order, certified check, or an attorney’s check payable to the County of Fayette.

The ordering party shall make partial payment in the amount of seventy-five percent (75%) of the estimated transcript cost. All payments are nonrefundable and shall be made by money order, certified check, or check from an attorney payable to the County of Fayette

WARNING

Applies to

Transcript

When more than one party requests a transcript, or parties are required by general rule to file it, the cost is divided equally among them.

When more than one party requests the transcript, or are required by general rule to file the transcript, the cost shall be divided equally among the parties.

WARNING

Applies to

Ordinary transcript

Ordinary transcript costs must be reduced by half for a litigant with income below 200% of the current HHS poverty line when the matter is under appeal or the transcript is needed to advance litigation.

(2) Transcript costs for ordinary transcripts in matters under appeal or where the transcript is necessary to advance the litigation shall be reduced by one-half for a litigant whose income is less than 200 percent of the poverty line as defined by the HHS poverty guidelines for the current year.

WARNING

Applies to

Transcript

When both parties file exceptions, they must bear the transcript cost proportionately.

(b) When both parties file exceptions, the cost of the transcript shall be borne proportionately.

WARNING

Fee

$300

Applies to

Booking processing

A $300 booking fee is collected after sentencing for qualifying misdemeanor or felony convictions or pleas and ARD acceptance, subject to the stated exceptions.

A booking fee of $300.00 shall be assessed and collected by the Fayette County Clerk of Courts after sentencing upon conviction of or plea to a misdemeanor or felony offense or acceptance into the Accelerated Rehabilitative Disposition Program. 8. This fee will not apply to those defendants whose cases are dismissed by the Magisterial District Judge, withdrawn or nolle prossed by the Commonwealth or who enter a guilty plea to a summary offense at the time of the preliminary hearing.

WARNING

Fee

$300

Applies to

Juvenile processing

A $300 processing fee is assessed for qualifying juvenile cases, with collections overseen by the Juvenile Probation Office.

Any juvenile with a case that has resulted in a disposition of a Consent Decree or Adjudication of Delinquency shall be fingerprinted and photographed; a fee of $300.00 shall be assessed for processing. The Juvenile Probation Office shall oversee the collections of said fee.

WARNING

Fee

3.5 $

Applies to

Expedited transcript

Electronic expedited transcripts requested by a party other than the Commonwealth or its subdivisions may cost no more than $3.50 per page.

(1) The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for a transcript in an electronic format shall not exceed: (b) for an expedited transcript, $3.50 per page;

WARNING

Fee

4.5 $

Applies to

Daily transcript

Electronic daily transcripts requested by a party other than the Commonwealth or its subdivisions may cost no more than $4.50 per page.

(1) The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for a transcript in an electronic format shall not exceed: (c) for a daily transcript, $4.50 per page;

WARNING

Applies to

Transcript prepared at court initiation

The original cost of a transcript prepared at the court’s initiation may not be assessed against any party.

Original costs to produce the transcript shall not be assessed against any party for transcripts prepared at the initiation of the court.

WARNING

Fee

0.25 $

Applies to

Bound paper transcript

A bound paper transcript costs the applicable electronic-format rate plus a $0.25-per-page surcharge.

(2) When the transcript is prepared in bound paper format, the costs shall be in accordance with paragraph (1) relating to electronic format plus a surcharge of $0.25 per page.

WARNING

Applies to

Transcript

The court may waive specified transcript costs at its discretion for parties meeting the rule’s economic-hardship criteria and showing good cause.

(3) Transcript costs for ordinary transcripts in matters that are not subject to an appeal, where the transcript is not necessary to advance the litigation, or for expedited, daily, rough draft or same day transcripts may be waived at the court's discretion for parties who qualify for economic hardship under subdivision (B)(1) or (B)(2) and upon good cause shown.

WARNING

Applies to

Transcript

For economic hardship, transcript costs are waived or adjusted as provided in the rule when the matter is on appeal or the transcript is needed to advance litigation; otherwise, the requester must show good cause.

(B) Economic hardship -- In cases of economic hardship, where the matter is under appeal or a transcript is necessary to advance the litigation, the costs of procuring the transcript shall be waived or otherwise adjusted by the court as provided herein. In cases of economic hardship where there is no appeal pending or there exists no obvious need for the transcript to advance the litigation, the requesting party must demonstrate good cause shown before the court shall waive or adjust the cost of obtaining the transcript.

WARNING

Fee

2.5 $

Applies to

Ordinary transcript

Electronic ordinary transcripts requested by a party other than the Commonwealth or its subdivisions may cost no more than $2.50 per page.

(1) The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for a transcript in an electronic format shall not exceed: (a) for an ordinary transcript, $2.50 per page;

WARNING

Applies to

Statement of intention to proceed

Any filing of a statement of intention to proceed shall be accompanied by such filing fee as may be allowed by law to be charged by the Office of the Prothonotary in accordance with the fee bill of that office.

Any filing of a statement of intention to proceed shall be accompanied by such filing fee as may be allowed by law to be charged by the Office of the Prothonotary in accordance with the fee bill of that office.

WARNING

Fee

$25

Applies to

Non criminal electronic printing photos

Private citizens are charged $25 for non-criminal electronic printing or photographs.

Private Citizens shall be assessed a cost of $25.00 for all non-criminal electronic printing and/or photos.

WARNING

Fee

100

The Probation department charges $100 for preparing and processing juvenile-record expungement petitions and related documents, except for a qualifying child with a single referral successfully handled by the Fayette County Youth Commission.

The Probation department will assess a $100.00 fee for the preparation and processing of Petitions and corresponding documents as they pertain to the expungement of Juvenile Court records and make the same payable to the Fund. NOTE: A child who otherwise qualifies for an expungement and who has only a single referral to the Court or Probation department that was successfully handled by the Fayette County Youth Commission will not be required to pay the above-mentioned fee.

WARNING

Fee

0.75

Applies to

Paper transcript copy

If the request is for a paper format copy, the district court administrator shall notify the filing office to collect $0.75 per page, prepare a paper copy of the transcript, and provide the copy to the requesting party.

If the request is for a paper format copy, the district court administrator shall notify the filing office to collect $0.75 per page, prepare a paper copy of the transcript, and provide the copy to the requesting party.

WARNING

Applies to

Transcript

After the petition is presented through Motions Court, the presiding judge may schedule a hearing and decides in their discretion whether good cause supports a full or partial transcript-cost waiver.

(5) To proceed under Rule 4008(B)(3), after presentation of the “Petition to Proceed In Forma Pauperis and Affidavit” through Motions Court, the presiding judge, at his or her discretion, may schedule a hearing to determine whether the applicant has established good cause to receive a waiver of all or a portion of transcript costs. The determination of good cause shown is at the discretion of the presiding judge.

WARNING

Applies to

Mailed official case records

A requester who asks to have official case records mailed must pay exact postage.

exact postage shall be charged when official case records are requested to be mailed.

WARNING

Fee

$0.25

Applies to

Photocopy of official magisterial district court case record

Photocopying official Magisterial District Court case records costs $0.25 per page.

Pursuant to Section 5.00 of the Public Access Policy of the Unified Judicial System of Pennsylvania: Official Case Records of the Magisterial District Courts, the fee for photocopying the official case records of the magisterial district courts shall be $0.25 per page

WARNING

Fee

0.5

Applies to

Electronic transcript copy

The Administrative Office must collect $0.50 per page for an electronic transcript copy and direct the reporter to provide it to the district court administrator for the requester.

If the request is for an electronic copy, the Administrative Office of Fayette County Courts shall collect $0.50 per page and direct the court reporter to provide the electronic copy to the district court administrator for the requesting party.

WARNING

Fee

50

A case meeting the stated intake-adjustment conditions incurs a minimum $50 fee, with the first $25 paid to the Fund and the remainder credited to the Fayette County Youth Commission.

The Probation department will assess a minimum fee of $50.00 for a case referred to the Probation department where the only disposition rendered is an adjustment at the intake level with no further action taken or sanctions imposed. The initial $25.00 collected in these cases will be made payable to the Fund, with the remainder of payments credited to the Fayette County Youth Commission.

WARNING

Money from a cash deposit that remains unclaimed for 180 days after final disposition is deemed a fee and forfeited to Fayette County.

Any money not claimed within one hundred eighty (180) days from the time of full and final disposition of the case shall be deemed as fees and shall be forfeited to the use of the county of Fayette.

WARNING

Fee

25

A private citizen requesting dismissal of a case at the Juvenile Probation Office intake level must pay a $25 fee to the Fund.

The Probation department will assign a fee of $25.00 to all cases that are dismissed at the intake level at the Juvenile Probation Office upon the request of the victim or complainant, if the complainant is a private citizen, with the fee to be paid by the person requesting the dismissal and with the fee made payable to the Fund.

INFO

Applies to

Expungement iac

No cost is listed for IAC expungements.

Expungement (IAC) No cost

INFO

Applies to

Expungement

There is no cost for expungement when the only Juvenile Probation Office record is the one subject to Youth Commission supervision.

In the event that at the time a request is made by the juvenile to expunge his/her Juvenile Court Record the only record maintained by the Juvenile Probation Office is the one that was subject to the supervision by the Youth Commission, there will be no cost associated with the expungement.

INFO

Applies to

Registration of order

No costs are assessed to register an order.

(3) No costs shall be assessed for registration of an order.

INFO

Fee

$150

Applies to

Master services

The master receives $150 per hour for all services, including hearings, research, and report writing.

(d) The master shall receive one hundred fifty dollars ($150.00) per hour for all services including conducting hearings, researching, and writing reports.