42 Pa.C.S. Ch. 43

in effect

42 Pa.C.S. § 43 Effective date.

Except as otherwise provided in this act, this act shall take effect 60 days after final enactment. 1978, NOVEMBER 26, P.L.1264, NO.301 § 4. Election of additional judges. (a) General rule.--At the municipal election in November 1979, the qualified electors of the judicial districts in which the judges authorized herein are added shall elect, in the same manner prescribed by law for the election of president judge of the court of common pleas of the districts, competent persons learned in the law to serve as additional law judges of the court of common pleas of the respective judicial districts from the first Monday in January 1980, for terms of ten years each. The offices hereby created shall come into existence on the first Monday of January 1980. Vacancies in the offices hereby created whether caused by death, resignation, expiration of term or otherwise shall be filled in the same manner as is required by law in case of similar vacancies in the office of president judge of the courts. (b) Other provisions inapplicable.--The provisions of 42 Pa.C.S. § 3135 (relating to increase in number of judges) shall not apply to the additional judges herein authorized. Explanatory Note. Act 301 amended section 911 of Title 42. 1979, JULY 20, P.L.157, NO.52 § 8. Savings provision. The provisions of this amendatory act shall not affect any act done, liability or cost incurred or right accrued or vested or affect any suit or prosecution pending or to be instituted to enforce any right or penalty or punish any offense under the authority of any statutory provisions amended by this act. Explanatory Note. Act 52 amended, added or repealed sections 102, 1515, 1722, 1725.1, 1725.2, 3113, 3118, 3302, 3571, 4102, 4122 and 4123 of Title 42. 1980, JUNE 26, P.L.266, NO.78 § 5. Applicability and implementation. This act shall apply and be implemented as follows: (1) This act shall apply in all counties on and after January 1, 1981. (2) By order of the president judge of the court of common pleas, this act, except 42 Pa.C.S. § 4561 (relating to compensation of jurors), may be put into effect in the respective county, in whole or in part or in successive stages, at any time prior to January 1, 1981. (3) Encumbent jury commissioners shall continue in office until successors are duly qualified. Explanatory Note. Act 78 amended or added sections 2121, 2122, 2123 and 3531 and added the provisions of Chapter 45 of Title 42. § 6. Validity of interim proceedings. Proceedings occurring on and after the effective date of this act and prior to January 1, 1981, which relate to matters affected by this act shall be valid if conducted in a manner that would be or was authorized either under this act or any act or part of an act repealed or superseded by this act or repealed or suspended by the act of April 28, 1978 (P.L.202, No.53), known as the "Judiciary Act Repealer Act." 1980, OCTOBER 5, P.L.693, NO.142 § 101. Short title. This act shall be known and may be cited as the "JARA Continuation Act of 1980."

42 Pa.C.S. § 4301 Establishment and maintenance of judicial records.

(a) General rule.--All system and related personnel shall establish and maintain such records as shall be required by law. (b) Supervision by Administrative Office.--All system and related personnel engaged in clerical functions shall establish and maintain all dockets, indices and other records and make and file such entries and reports, at such times, in such manner and pursuant to such procedures and standards as may be prescribed by the Administrative Office of Pennsylvania Courts with the approval of the governing authority. All such procedures and standards shall be uniform to the maximum extent practicable so as to facilitate the temporary assignment of personnel of the system, other than county staff, within the unified judicial system. Cross References. Section 4301 is referred to in sections 2705, 4302 of this title.

42 Pa.C.S. § 4302 Effect of records as notice.

(a) Real property.--Except as otherwise provided by statute or prescribed by general rule adopted pursuant to section 1722(b) (relating to enforcement and effect of orders and process), every document affecting title to or any other interest in real property which is filed and indexed in the office of the clerk of the court of common pleas of the county where the real property is situated, or in the office of the clerk of the branch of the court of common pleas embracing such county in the manner required by the laws, procedures or standards in effect at the date of such filing shall be constructive notice to all persons of the filing and full contents of such document. (b) Documents relating to pending matters.--Documents relating to the pendency of a matter before any court filed in the office of the clerk of any court or other office within or related to and serving the unified judicial system shall be constructive notice to such persons, of such information and for such duration as may be provided by statute or prescribed by general rule adopted pursuant to section 4301 (relating to establishment and maintenance of judicial records). (c) Foreign language documents.--A writing not in the English language shall not constitute notice to any person unless there is attached to it and filed with it a translation into the English language verified to be correct. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

42 Pa.C.S. § 4303 Effect of judgments and orders as liens.

(a) Real property.--Any judgment or other order of a court of common pleas for the payment of money shall be a lien upon real property on the conditions, to the extent and with the priority provided by statute or prescribed by general rule adopted pursuant to section 1722(b) (relating to enforcement and effect of orders and process) when it is entered of record in the office of the clerk of the court of common pleas of the county where the real property is situated, or in the office of the clerk of the branch of the court of common pleas embracing such county. (b) Order of court as lien.--Any other order of a court of common pleas shall be a lien upon real and personal property situated within any county embraced within the judicial district on the conditions, to the extent and with the priority provided by statute or prescribed by general rule adopted pursuant to section 1722(b). (c) Transfer of domestic judgments and orders.--An order of any court of this Commonwealth which is a lien on real or personal property situated within any county of this Commonwealth pursuant to subsection (a) or (b) shall be a lien upon real or personal property situated within any other county to the same extent as if resulting from an order of the court of common pleas of such other county upon compliance with such transfer and filing procedures as may be prescribed by general rule. (Oct. 5, 1980, P.L.693, No.142 eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. imd.) 1982 Amendment. Act 326 amended subsec. (a), retroactive to June 27, 1978.

42 Pa.C.S. § 4304 Notice of Federal pending actions.

(a) General rule.--An action pending in a United States court within this Commonwealth concerning real property located within this Commonwealth shall be effective to give constructive notice of the action as it relates to the real property in the same manner, and to the same extent and under the same conditions as an action pending in a court of common pleas of this Commonwealth. (b) Authorization for filing of notice of Federal actions.--Notice of an action pending in a United States court within this Commonwealth concerning real property located within this Commonwealth may be registered, recorded, docketed or indexed in the same manner or in the same place as notices of actions concerning real property pending in a court of common pleas of this Commonwealth are registered, recorded, docketed or indexed. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

42 Pa.C.S. § 4305 Federal judgments as liens.

(a) General rule.--Except as provided in subsection (b), every judgment of a United States court within this Commonwealth shall, as provided by 28 United States Code § 1962 (relating to lien) or otherwise, be a lien on property located within this Commonwealth in the same manner, to the same extent and under the same conditions as a judgment of a court of common pleas of this Commonwealth and shall cease to be a lien in the same manner and time. (b) Filing requirement.--The certified transcript of the judgment of the United States court shall be filed in the office of the clerk of the court of common pleas of the county where the property is located unless the judgment was rendered by such United States court within the county where the property is located. (c) Authorization for filing of Federal judgments entered in other counties.--Any judgment of a United States court within this Commonwealth may be registered, recorded, filed, docketed, indexed or otherwise conformed to the rules and requirements relating to judgments of the courts of common pleas. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

42 Pa.C.S. § 4306 Enforcement of foreign judgments.

(a) Short title of section.--This section shall be known and may be cited as the "Uniform Enforcement of Foreign Judgments Act." (b) Filing and status of foreign judgments.--A copy of any foreign judgment including the docket entries incidental thereto authenticated in accordance with act of Congress or this title may be filed in the office of the clerk of any court of common pleas of this Commonwealth. The clerk shall treat the foreign judgment in the same manner as a judgment of any court of common pleas of this Commonwealth. A judgment so filed shall be a lien as of the date of filing and shall have the same effect and be subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of any court of common pleas of this Commonwealth and may be enforced or satisfied in like manner. (c) Notice of filing.-- (1) At the time of the filing of the foreign judgment, the judgment creditor or his attorney shall make and file with the office of the clerk of the court of common pleas an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor. In addition, such affidavit shall include a statement that the foreign judgment is valid, enforceable and unsatisfied. (2) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the attorney for the judgment creditor, if any, in this Commonwealth. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. (d) Stay.-- (1) If the judgment debtor shows the court of common pleas that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the State in which it was rendered. (2) If the judgment debtor shows the court of common pleas any ground upon which enforcement of a judgment of any court of common pleas of this Commonwealth would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this Commonwealth. (e) Optional procedure.--The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this section remains unimpaired. (f) Definition.--As used in this section "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court requiring the payment of money which is entitled to full faith and credit in this Commonwealth. Cross References. Section 4306 is referred to in section 3705 of Title 23 (Domestic Relations).

42 Pa.C.S. § 4321 Record retention schedules.

(a) General rule.--The governing authority, after consultation with the County Records Committee, shall by general rule prescribe schedules setting forth the conditions under which the records provided for in Subchapter A (relating to establishment, maintenance and effect of judicial records) may be disposed of, either with or without the establishment of a permanent copy thereof. (b) Requirements for schedules.--Such schedules shall distinguish clearly between records of temporary value and records of permanent value, and no schedule shall be prescribed or revised which will permit the destruction of records of permanent value unless a permanent copy thereof is required to be maintained as provided in this subchapter. Such schedules insofar as they affect the records maintained by related staff, shall be consistent with the schedules prescribed by the County Records Committee.

42 Pa.C.S. § 4322 Destruction and disposition of obsolete records.

(a) General rule.--Any person required to maintain records pursuant to Subchapter A (relating to establishment, maintenance and effect of judicial records) may destroy such records in conformity with this subchapter and the general rules prescribed hereunder. No such person shall be held liable on his official bond, or in the way of damages for loss, or in any other manner, civil or criminal, because of the destruction of records as authorized pursuant to this subchapter. (b) Historical documents.--Any original records which are of historical value as may be determined by the City Archivist, in the case of City and County of Philadelphia, or by the Pennsylvania Historical and Museum Commission, in the case of any other county, shall be transferred to the Pennsylvania Historical and Museum Commission or to such other depositories as may be designated by the commission.

42 Pa.C.S. § 4323 Form of recordation.

(a) In general.--Records may be reproduced in accordance with subsection (c). (b) Records of permanent value.--Records that are classified as records of permanent value may be reproduced in accordance with subsection (c) provided that, if the original record is being destroyed after reproduction: (1) the reproduction format shall be human readable; or (2) if the reproduction format is electronic or otherwise not human readable, the governing authority, in consultation with the County Records Committee, shall create and apply standards, policies and procedures for the creation, maintenance, backup, migration and transmission of permanent records in that format. (c) Means of reproduction.--Any photostatic, photographic, micrographic, microfilm, microcard, miniature photographic, optical, electronic or other future technologies, analog or digital, which accurately reproduces the original and forms secure and unalterable copies for recording may be utilized for reproducing records as authorized in accordance with this subchapter. (d) Documents previously recorded, copied or recopied.--A document within the scope of this section and that previously has been recorded, copied or recopied also may be reproduced by processes authorized by this section. (July 9, 2014, P.L.1004, No.113, eff. 30 days) Cross References. Section 4323 is referred to in section 4324 of this title.

42 Pa.C.S. § 4324 Copies of destroyed records.

A copy of any record destroyed or disposed of as authorized pursuant to this subchapter, or a certified copy thereof, if produced in accordance with section 4323 (relating to form of recordation) shall be admissible in evidence in any matter, and shall have the same force and effect as though the original record had been produced and proved. It shall be the duty of the person who would have had custody of the original record, had it not been destroyed pursuant to law, to prepare enlarged, typed or photographic copies of such reproduced records whenever their production is required. (July 9, 2014, P.L.1004, No.113, eff. 30 days)

42 Pa.C.S. § 4325 Duplicate permanent records.

In order to provide insurance for the more actively used working copies against damage or loss through wear or disaster, duplicate copies of all permanent records designated by the Administrative Office shall be maintained at such locations as shall be approved by the Administrative Office. Such designations insofar as they relate to the records maintained by related staff, shall be subject to the approval of the County Records Committee.

42 Pa.C.S. § 4326 Original records meriting special care.

If, in the opinion of the person having custody of an original record, such original possesses sufficient value that it merits special care, he shall make a permanent copy of the record, which shall be officially certified and placed on file in lieu of the original record, and, with the approval of the Administrative Office, he shall transfer the original to the custody of such officer as shall be designated by the Administrative Office for permanent preservation.

42 Pa.C.S. § 4327 Transfer of custody to local museum upon application.

(a) General rule.--Any nonprofit public, quasi-public, or private association or corporation situated within the county where the historical documents are filed, which maintains a museum, building or facilities used for the exhibit of historical writings, and which shall have adequate facilities for the display and preservation of such documents, may petition the court of common pleas of the judicial district embracing the county wherein such document or documents are filed for the transfer of the custody of such documents for the purpose of their public display. Upon the filing of any petition, the court shall fix a time for a hearing, and prescribe such notice to be given as shall acquaint similar organizations with the filing of the petition. Any other association or corporation meeting the requirements of this subsection may intervene in the proceedings with the same effect as if it had been the original petitioner, and the court, after hearing, may award custody of any historical document or documents to any of the petitioners for such term and upon such conditions as the court shall prescribe. (b) Permanent copy substituted for original.--Upon the granting of a petition transferring custody of any historical documents, the officer from whose custody it was removed shall substitute in his files a certified permanent copy of such document, which shall be of the same force and effect as the original document. (c) Petition for return of document.--The appropriate county officer may at any time, without cause, petition the court for the return of any historical document, the custody of which had been previously transferred to any person pursuant to subsection (a). (d) Order for return on motion of court.--The court, after having taken jurisdiction of the transfer of any historical document, may, without cause, and upon its own motion, order the person having such temporary custody to return such document to the appropriate office wherein it had been originally filed. (e) Definition.--As used in this section "historical document" means any document formerly belonging to a decedent or any other person, which document is more than 50 years old and which is in the custody of a register of wills, the recorder of deeds, the clerk of any court or the prothonotary, except documents relating to adoption, divorce or custody.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=42Fetched: 10/16/2026