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

CRITICALCivil cases

Fee

750

An appealing party must pay an arbitrator compensation fee of $750, capped at 50% of the amount in controversy, but may request a full or partial waiver based on financial inability.

The appealing party shall pay to the prothonotary the sum of $750.00 but not more than 50% of the amount in controversy, as compensation for the Arbitrators, which shall not be taxed as costs or be recoverable in any proceeding. A party who demonstrates a financial inability to pay all or a part of the aforesaid fee may request the court waive all or part of it.

CRITICALCivil cases

Applies to

Judgment on verdict

The party obtaining a verdict must pay the required jury fee to the prothonotary before judgment is entered.

Judgment shall not be entered on a verdict within the time allowed for motions for judgment n.o.v., for new trial, or for arrest of judgment, nor until the party obtaining the verdict shall have paid the prothonotary the required jury fee as provided by law.

CRITICALCivil cases

Applies to

Trial list placement

If the case is not listed for trial by one or more of the parties within 30 days of the court’s final ruling on all dispositive motions the court administrator may place the case on the trial list, notify the parties of the earliest date on which the case may be tried and schedule a pre-trial conference. The filing fee shall be charged to the Plaintiff.

If the case is not listed for trial by one or more of the parties within 30 days of the court’s final ruling on all dispositive motions the court administrator may place the case on the trial list, notify the parties of the earliest date on which the case may be tried and schedule a pre-trial conference. The filing fee shall be charged to the Plaintiff.

CRITICALCivil cases

Fee

100

If the case settles after the hearing is scheduled but before it occurs, the Plaintiff pays a $100 fee, which may be waived in whole or in part upon a demonstrated financial inability to pay.

In the event the case is settled after the chairperson has scheduled the hearing and before the hearing a fee in the amount of $100 shall be collected by the prothonotary from the Plaintiff, $50 of the fee shall be paid to the chairperson as reimbursement for his or her office expenses and the remaining $50 shall be retained by the prothonotary. A party who demonstrates a financial inability to pay all or a part of the aforesaid fee may request the court waive all or part of it.

CRITICALCivil cases

Fee

50

If the case settles after the Board is appointed but before the hearing is scheduled, the prothonotary collects a $50 fee from the Plaintiff.

In the event the case is settled after the Board of Arbitration has been appointed and before the chairperson has scheduled the hearing a fee in the amount of $50 shall be collected by the prothonotary from the Plaintiff as reimbursement to the prothonotary for expenses.

CRITICALCivil cases

Applies to

Arbitration listing

If an arbitrable case is not timely listed for arbitration, the court may list it and the filing fee is charged to the plaintiff.

If the case is arbitrable under Rule L1301.1 and not listed for arbitration by one or more of the parties within 30 days of the court’s final ruling on all dispositive motions the court may list the case for arbitration pursuant to Rule L1303.1(a)(2)(i). The filing fee shall be charged to the Plaintiff.

CRITICALCivil cases

Applies to

Electronic filing of legal paper

A filing party must pay the electronic-filing fee set by the court.

A filing party shall pay the fee for electronically filing a legal paper as provided by the court.

CRITICALCivil cases

No filing fees apply to proceedings under Chapter XVI.

Rule 16.4. Commencement; Venue; No Filing Fees

CRITICALCivil cases

Applies to

Money paid into court

Poundage must be collected when money is paid into court.

When money is paid into court the prothonotary is required to collect poundage for the handling of the money. See 42 P.S. § 21071.

WARNINGCivil cases

A party who demonstrates financial inability may request a waiver of all or part of the fee.

A party who demonstrates a financial inability to pay all or a part of the aforesaid fee may request the court waive all or part of the fee.

WARNINGCivil cases

No filing fee is assessed if the case settles before the Board of Arbitration is appointed.

In the event the case is settled before the Board of Arbitration is appointed no filing fee shall be assessed.

WARNINGCivil cases

Unless the parties agree otherwise or the court orders otherwise, mediation costs are split equally between plaintiffs and defendants, or into three equal shares when third-party defendants are involved, and are payable directly to the mediator at mediation's conclusion unless otherwise agreed.

Except by agreement of all the parties or as otherwise ordered by the court, one-half the cost of the mediator’s services must be borne by the plaintiff(s) and one-half by the defendant(s). In a case with third-party defendants, the cost must be divided into three equal shares. Compensation must be paid directly to the mediator upon the conclusion of the mediation, or as otherwise agreed to by the parties and the mediator. Failure to pay the mediator shall be brought to the court’s attention.

WARNINGCivil cases

A party demonstrating financial inability may request a full or partial waiver of its share of the mediator's fee, and the other parties able to pay must bear their pro rata shares.

A party who demonstrates a financial inability to pay all or a part of that party’s pro rata share of the mediator’s fee may request the court waive all or part of that party’s share of the fee. Other parties to the case who are able to pay the fee must bear their pro rata portions of the fee.

WARNINGCivil cases

Fee

100

Applies to

Praecipe for arbitration

The party first listing a case must pay a one-time $100 listing fee; settlement before the hearing affects how $50 of that fee is allocated or refunded.

After the pleadings have been closed for 30 days cases may be listed for arbitration by one or more of the parties in the case or their counsel filing a Praecipe for Arbitration that shall include, to the extent possible, an estimate of the number of hours, or portion thereof, anticipated to be needed for the hearing, together with a listing fee in the amount of $100. The praecipe shall substantially conform to the form shown below. The party or counsel filing the Praecipe for Arbitration shall deliver a copy to the court administrator and shall forthwith serve a copy of the praecipe upon all other counsel of record and any unrepresented parties, who, if for any reason oppose such listing, shall within 10 days thereafter file their objection(s). Ten days after the case has been praeciped onto the list, if no objections thereto have been filed, the prothonotary shall promptly appoint a panel of 3 arbitrators one of whom to be appointed chairperson to hear and decide the case, and shall forward copies of all pleadings and other documents filed in the case to all arbitrators. The chairperson so appointed shall forthwith establish the time, date and place of the hearing and notify all counsel of record, unrepresented parties, and members of the arbitration panel thereof at least 30 days in advance unless a shorter time is stipulated to. All hearings shall be held within 60 days of the date the chairperson is appointed by the prothonotary. In the event the case is settled prior to hearing but after the chairperson has scheduled a hearing, $50 of the filing fee shall be paid to the chairperson as reimbursement for office expenses. In the event the case has been settled prior to hearing and before the chairperson has scheduled a hearing, $50 of the filing fee shall be refunded to the party who paid it. In either event the remaining $50 shall be retained by the prothonotary to reimburse expenses. The filing fee shall be charged to the party first listing the case for hearing, and only be assessed one time per case.

WARNINGCivil cases

Fee

50

Applies to

Arbitration case listing

In the event the case is settled before the Board of Arbitration is appointed no fee shall be assessed. In the event the case is settled after the Board of Arbitration has been appointed and before the hearing a fee in the amount of $50 shall be collected by the prothonotary from the

In the event the case is settled before the Board of Arbitration is appointed no fee shall be assessed. In the event the case is settled after the Board of Arbitration has been appointed and before the hearing a fee in the amount of $50 shall be collected by the prothonotary from the

INFOCivil cases

Applies to

Transcript

The court reporter must transcribe the notes of testimony without charge to the applicant.

Pa.R.A.P. 3804 requires that the court reporter, without charge to the applicant, transcribe the notes of testimony and deliver them to the clerk of the court by 5:00 o’clock p.m. of the business day following receipt of the notice of appeal to the Superior Court.

INFOCivil cases

Applicants are not required to pay filing fees or court costs.

(b) No filing fees or court costs shall be required of the applicant.

INFOCivil cases

Applies to

Electronic filing of legal paper

The court may impose an additional automation fee for each electronically filed legal paper.

The court may assess an additional automation fee for each legal paper electronically filed which shall be used for the development, implementation, maintenance, and training in the use of the court’s electronic filing system and other related uses.

INFOCivil cases

Applies to

Certification

The Register is no longer prohibited from charging a fee for filing the certification.

Note: Rule 10.5 is substantively identical to former Rule 5.6, except that subparagraph (d) of this Rule no longer prohibits the Register from charging a fee for filing this certification.

INFOCivil cases

Applies to

Status report

No filing fee is charged for the required status report.

No fee shall be charged for the filing of the report required by this rule.