42 Pa.C.S. Ch. 27

in effect

42 Pa.C.S. § 27 Required county detention services.

(a) General rule.--Each county, acting alone or in conjunction with other counties as provided in section 28, shall by December 31, 1978, submit to the Department of Public Welfare for approval a plan for the removal of children from adult facilities. If no such plan is submitted or accepted by the department within the allocated period, the department, after determining the detention needs of individual counties, shall thereafter take whatever steps it deems necessary to provide the required detention services for any such county or counties; including the construction of a regional detention facility to meet the needs of the counties insofar as is consistent with prohibitions against the use of adult facilities for juvenile offenders as provided in Chapter 63 of Title 42 of the Pennsylvania Consolidated Statutes (relating to juvenile matters). The department, after exhausting all other available funds including Law Enforcement Assistance Administration funds and any other Federal or State funds available for such purpose, shall charge the cost of establishing the necessary regional detention facilities to the counties that will utilize its services. (b) Charges imposed upon counties.--The amount due the Commonwealth for the services or facilities provided pursuant to subsection (a) shall be paid by the county within 15 months after receipt of notice of the amount due. In determining the amount which each county shall be charged for the establishment of a regional detention facility, the department shall take into account the extent to which the participating counties shall utilize the facilities. (c) Limitation on charges.--Except as provided in subsection (d), the charges made by the department against any county pursuant to this subsection shall not exceed $50,000. (d) Additional charges.--In addition to the charges authorized for the providing of regional detention facilities and notwithstanding the limitations on such charges set forth in subsection (c), the Commonwealth shall be entitled to an additional amount for providing such facilities equivalent to 7% of the costs imposed on the county. (e) Disposition of charges.--All sums collected from the counties pursuant to this subsection shall be paid into the General Fund and credited to the Department of Public Welfare. References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014. § 28. Regional detention facilities. (a) General rule.--Where the operation of an approved detention facility by a single county would not be feasible, economical or conducive to the best interest of a child needing detention care, the Department of Public Welfare shall: (1) Make provisions directly or by contract with a single county for the implementation and operation, in accordance with the regulations promulgated by the Department of Public Welfare, of regional detention facilities serving the needs of two or more counties. (2) Arrive at mutually agreeable arrangements with counties participating in the use of such regional detention facilities for the equitable sharing in the costs of constructing and operating such regional detention facilities, including necessary expenditures to transport children and, if financially indigent, their parents, guardians, or custodians to and from such regional detention facilities with funds contributed by the State and by such counties. The department shall only operate a regional detention facility, established under section 27(a), upon refusal of the counties participating in its use to operate the facility pursuant to department regulations. (b) Use of Commonwealth facilities.--The Department of General Services shall make available any vacant Commonwealth building which the Department of Public Welfare certifies as appropriate for renovation as a regional detention facility. References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

42 Pa.C.S. § 2701 Scope and purpose of chapter.

(a) Purpose.--The purpose of this chapter is to facilitate the prompt, fair and efficient administration of justice by specifying the respective powers and duties of prothonotaries, clerks of the courts and clerks of orphans' court divisions. (b) Effect of other provisions of law.--The provisions of this chapter shall be subject to any inconsistent statute, home rule charter or optional plan of government, and to any inconsistent general rule or rule of court heretofore or hereafter adopted pursuant to and subject to the limitations of constitutional authority.

42 Pa.C.S. § 2702 Place of filing of documents.

Where jurisdiction of any matter is by law vested in a court of common pleas or in the Philadelphia Municipal Court, all applications for relief or other documents relating to the matter shall be filed in or transferred to the office of the clerk of the court of common pleas and handled by the appropriate office specified by or pursuant to this chapter.

42 Pa.C.S. § 2703 Notice of transfer of functions and duties.

Whenever pursuant to section 2756(b)(2) (relating to exceptions) a clerk of the courts files a waiver of any functions and duties ordinarily incident to his office, the order of court appointing another officer or other person to perform such functions and duties entered pursuant to this chapter shall not be valid for any purpose until filed in the Administrative Office. The Administrative Office shall cause all such orders to be published in the Pennsylvania Code.

42 Pa.C.S. § 2704 Responsibility for entry, maintenance and certification of data and certification of amicable judgments.

The prothonotary, clerk of the courts and clerk of the orphans' court division shall: (1) Be responsible for the accurate and timely creation, maintenance and certification of the record of matters pending before or determined by the courts of common pleas and the Philadelphia Municipal Court, including data and reports relating thereto. (2) Within 30 days after the entry of any money judgment, other than upon a verdict or after decision by a court, deliver to the authorities who assess for county tax purposes in the county where the judgment was entered a written report of the docket number where the judgment was entered, the date the judgment was entered, the amount of the judgment, the names of all parties to the proceeding in which the judgment was entered, the addresses of the persons in favor of whom the judgment was entered and the names and addresses of all assignees of the judgment. Failure to perform the duties imposed by this paragraph shall not impair the validity of any judgment or the lien thereof. (Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

42 Pa.C.S. § 2705 Responsibility for reports to executive agencies.

(a) Community Affairs.--The office of clerk of the court of common pleas shall certify to the Department of Community Affairs a copy of any order of court incorporating, merging, dissolving, annexing any territory from or to, confirming the adoption, amendment or repeal of any home rule charter or optional plan of government, or otherwise affecting the corporate status of any municipality. (b) Insurance Department.--The prothonotary and the clerk of the orphans' court division shall make to the Insurance Department such periodic or special reports concerning matters commenced against any person subject to the supervision of the Insurance Department as the department may specify by regulation. (c) Department of Justice.--The prothonotary and the clerk of the courts shall make to the Department of Justice such periodic or special reports concerning criminal matters as the department may specify by regulation. (d) Department of Labor and Industry.--The clerk of the courts shall notify the Department of Labor and Industry of every conviction under the act of May 18, 1937 (P.L.665, No.176), known as the "Industrial Homework Law," if the department is not a party to the proceedings. (e) Department of Transportation.--The office of the clerk of the court of common pleas shall comply with the reporting requirements of Title 75 (relating to vehicles). (e.1) Department of Revenue.--The clerk of the courts shall report to the Department of Revenue, for the purposes of an audit of tax returns, the name of any person convicted of selling, distributing, delivering or manufacturing or possessing with intent to sell, distribute, deliver or manufacture any controlled substance or designer drug under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, when the value of the controlled substance or the designer drug, or combination thereof, amounts to $1,000 or more. As used in this subsection, the term "convicted" includes having pleaded guilty or nolo contendere. (f) Superseding administrative office procedures and standards.--The manner of making any informational report required by or pursuant to subsections (a) through (e) or by or pursuant to any other similar statute by the office of the clerk of the court of common pleas may be modified by procedures and standards prescribed pursuant to section 4301 (relating to establishment and maintenance of judicial records) with the approval of the Department of Justice. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 22, 1989, P.L.726, No.98, eff. 60 days) 1989 Amendment. Act 98 added subsec. (e.1). 1978 Amendment. Act 53 added section 2705. Transfer of Functions. Section 301(a)(16) of Act 58 of 1996 provided that all other powers and duties delegated to the Department of Community Affairs not otherwise expressly transferred elsewhere by Act 58 and currently performed by the Department of Community Affairs under section 2705 are transferred to the Department of Community and Economic Development. References in Text. The Department of Community Affairs, referred to in subsec. (a), was abolished by Act 58 of 1996 and its functions were transferred to the Department of Community and Economic Development. The Department of Justice, referred to in subsecs. (c) and (f), was reorganized into the Office of Attorney General by the act of October 15, 1980 (P.L.950, No.164).

42 Pa.C.S. § 2731 Prothonotary.

(a) General rule.--In each county of this Commonwealth there shall be one prothonotary for the court of common pleas, who shall be known as the "Prothonotary of (the respective) County." (b) Multicounty judicial districts.--In multicounty judicial districts the prothonotary shall be the prothonotary of the branch of the court of common pleas established for the county. (c) Philadelphia.--In the first judicial district there shall be one prothonotary for the Court of Common Pleas of Philadelphia County and the Philadelphia Municipal Court, who shall be known as the "Prothonotary of Philadelphia."

42 Pa.C.S. § 2732 Selection of prothonotary.

(a) General rule.--The prothonotary of each county shall be selected, and may be removed, in the manner provided by the act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code," or the act of August 9, 1955 (P.L.323, No.130), known as "The County Code," as the case may be. (b) Philadelphia.--The Prothonotary of Philadelphia shall be appointed by the Court of Common Pleas of Philadelphia County. References in Text. The act of August 9, 1955, P.L.323, No.130, known as The County Code, referred to in subsec. (a), was repealed May 8, 2024, P.L.50, No.14. The subject matter is now contained in Title 16 (Counties).

42 Pa.C.S. § 2733 Seal.

The prothonotary shall have custody of a counterpart of the seal of the court or courts for which he is the prothonotary.

42 Pa.C.S. § 2734 Office of the prothonotary.

(a) General rule.--There shall be an office of the prothonotary in each county of this Commonwealth, which shall be supervised by the prothonotary of the county who shall, either personally, by deputy or by other duly authorized employees or agents of the office, exercise the powers, and perform the duties by law vested in and imposed upon the prothonotary or the office of the prothonotary. (b) Facilities and services.--The office of the prothonotary shall be provided with all necessary accommodations, goods and services pursuant to section 3722 (relating to general facilities and services furnished by county).

42 Pa.C.S. § 2735 Staff.

(a) General rule.--The prothonotary may appoint and remove such deputies and other administrative staff of the office of the prothonotary as may be necessary. (b) Solicitor.--The prothonotary may appoint and remove a solicitor, who shall be a member of the bar of this Commonwealth. The solicitor shall advise upon all legal matters that may be submitted by the prothonotary to him, and shall conduct any litigation when required to do so by the prothonotary. (c) Compensation and duties.--The prothonotary, except as otherwise provided by statute or home rule charter or optional plan of government, may fix the compensation and duties of the staff of the office of the prothonotary. Where the compensation of the staff of the office of the prothonotary is fixed by a county salary board, the prothonotary shall be a member of the salary board for such purpose. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended subsec. (b).

42 Pa.C.S. § 2736 Matters or documents filed in the office of the prothonotary.

All matters or documents required or authorized to be filed in the office of the clerk of the court of common pleas shall be filed in the office of the prothonotary except: (1) Matters or documents specified in section 2756 (relating to matters or documents filed in the office of the clerk of the courts). (2) Matters or documents specified in section 2776 (relating to matters or documents filed in the office of the clerk of the orphans' court division).

42 Pa.C.S. § 2737 Powers and duties of the office of the prothonotary.

The office of the prothonotary shall have the power and duty to: (1) Administer oaths and affirmations and take acknowledgments pursuant to section 327 (relating to oaths and acknowledgments), but shall not be compelled to do so in any matters not pertaining to the proper business of the office. (2) Affix and attest the seal of the court or courts to all the process thereof and to the certifications and exemplifications of all documents and records pertaining to the office of the prothonotary and the business of the court or courts of which it is the prothonotary. (3) Enter all civil judgments, including judgments by confession. (4) Enter all satisfactions of civil judgments. (5) Exercise the authority of the prothonotary as an officer of the court. (6) Exercise such other powers and perform such other duties as may now or hereafter be vested in or imposed upon the office by law, home rule charter, order or rule of court, or ordinance of a county governed by a home rule charter or optional plan of government. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended par. (3). Cross References. Section 2737 is referred to in section 2737.1 of this title.

42 Pa.C.S. § 2737.1 Incorrect debtor identified.

(a) Procedure.--A creditor that files for a judgment by confession under section 2737(3) (relating to powers and duties of the office of the prothonotary) shall comply with the Pennsylvania Rules of Civil Procedure regarding confession of judgment, including any notice provisions. A debtor who has been incorrectly identified and had a confession or judgment entered against him may petition the court for costs and reasonable attorney fees as determined by the court. (b) Effect on judgment.--A judgment shall not be stricken or opened because of a creditor's failure to provide a correctly identified debtor with instructions pursuant to this section regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (Dec. 20, 2000, P.L.742, No.105, eff. 60 days; Nov. 29, 2004, P.L.1364, No.176, eff. imd.) 2004 Amendment. Section 3 of Act 176 provided that the addition of subsec. (b) is intended to clarify and confirm the original intent of the General Assembly in adding section 2737.1 in Act 105 of 2000. Section 3 further provided that to the extent necessary to clarify the meaning and interpretation of section 2737.1, the addition of subsection (b) shall apply retroactively to causes of action which arose on or before the effective date of section 3.

42 Pa.C.S. § 2738 Criminal, probate, estates and fiduciary matters.

(a) General rule.--The personnel of the office of the prothonotary shall exercise the powers and perform the duties vested in or imposed upon the office of the clerk of the court of common pleas by: (1)

42 Pa.C.S. § 2751 Clerk of the courts.

(a) General rule.--In each county of this Commonwealth there shall be a clerk of the courts for the court of common pleas who shall be known as the "Clerk of the Courts of (the respective) County." (b) Multicounty judicial districts.--In multicounty judicial districts the clerk of the courts shall be the clerk of the courts of the branch of the court of common pleas established for the county. (c) Philadelphia.--In the first judicial district there shall be a clerk of the courts for the Court of Common Pleas of Philadelphia County and the Philadelphia Municipal Court, who shall be known as the "Clerk of Quarter Sessions of Philadelphia."

42 Pa.C.S. § 2752 Selection of clerk of the courts.

(a) General rule.--The clerk of the courts of each county shall be selected, and may be removed, in the manner provided by the act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code" or the act of August 9, 1955 (P.L.323, No.130), known as "The County Code," as the case may be. The office shall be combined with another county office when so provided by statute. (b) Philadelphia.--The Clerk of Quarter Sessions of Philadelphia shall be selected, and may be removed, in the manner provided by statute or home rule charter. References in Text. The act of August 9, 1955, P.L.323, No.130, known as The County Code, referred to in subsec. (a), was repealed May 8, 2024, P.L.50, No.14. The subject matter is now contained in Title 16 (Counties).

42 Pa.C.S. § 2753 Seal.

The clerk of the courts shall have custody of a counterpart of the seal of the court or courts for which he is the clerk of the courts.

42 Pa.C.S. § 2754 Office of the clerk of the courts.

(a) General rule.--There shall be an office of the clerk of the courts in each county of this Commonwealth, which shall be supervised by the clerk of the courts of the county who shall, either personally, by deputy, or by other duly authorized employees or agents of the office, exercise the powers and perform the duties by law vested in and imposed upon the clerk of the courts or the office of the clerk of the courts. (b) Facilities and services.--The office of the clerk of the courts shall be provided with all necessary accommodations, goods and services pursuant to section 3722 (relating to general facilities and services furnished by county).

42 Pa.C.S. § 2755 Staff.

(a) General rule.--The clerk of the courts may appoint and remove such deputies and other administrative staff of the office of the clerk of the courts as may be necessary. (b) Solicitor.--The clerk of the courts may appoint and remove a solicitor, who shall be a member of the bar of this Commonwealth. The solicitor shall advise upon all legal matters that may be submitted by the clerk of the courts to him, and shall conduct any litigation when required to do so by the clerk of the courts. (c) Compensation and duties.--The clerk of the courts, except as otherwise provided by statute or home rule charter or optional plan of government, may fix the compensation and duties of the staff of the office of the clerk of the courts. Where the compensation of the staff of the office of the clerk of the courts is fixed by a county salary board, the clerk of the courts shall be a member of the salary board for such purpose. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended subsec. (b).

42 Pa.C.S. § 2756 Matters or documents filed in the office of the clerk of the courts.

(a) General rule.--All applications for relief or other documents relating to the following matters shall be filed in or transferred to the office of the clerk of the courts: (1) Criminal matters including all related motions and filings. (2) Road, liquor, municipal and other miscellaneous civil matters formerly within the jurisdiction of the Courts of Oyer and Terminer, General Jail Delivery, and Quarter Sessions of the Peace. (3) Other matters to the extent provided by law or the local ordinance or resolution creating or recognizing the cause of action. (b) Exceptions.-- (1) Subsection (a)(2) and (3) shall not be applicable in the fifth judicial district. (2) The clerk of the courts of any county may file in the office of the prothonotary of the county and in the Administrative Office a written waiver of all or any part of subsection (a)(2) and (3), whereupon the provisions so waived shall not be applicable in the county. Cross References. Section 2756 is referred to in sections 2703, 2736 of this title.

42 Pa.C.S. § 2757 Powers and duties of the office of the clerk of the courts.

The office of the clerk of the courts shall have the power and duty to: (1) Administer oaths and affirmations and take acknowledgments pursuant to section 327 (relating to oaths and acknowledgments), but shall not be compelled to do so in any matter not pertaining to the proper business of the office. (2) Affix and attest the seal of the court or courts to all the process thereof and to the certifications and exemplifications of all documents and records pertaining to the office of the clerk of the courts and the business of the court or courts of which it is the clerk of the courts. (3) Enter all criminal judgments and judgments entered by confession. (4) Exercise the authority of the clerk of the courts as an officer of the court. (5) Exercise such other powers and perform such other duties as may now or hereafter be vested in or imposed upon the office by law, home rule charter, order or rule of court, or ordinance of a county governed by a home rule charter or optional plan of government. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended par. (3).

42 Pa.C.S. § 2771 Clerk of the orphans' court division.

(a) General rule.--In each county of this Commonwealth there shall be one clerk of the orphans' court division, who shall be known as the "Clerk of the Orphans' Court Division of the Court of Common Pleas of (the respective) County." (b) Multicounty judicial districts.--In multicounty judicial districts the clerk of the orphans' court division shall be the clerk of the orphans' court division of the branch of the court of common pleas established for the county.

42 Pa.C.S. § 2772 Selection of clerk of the orphans' court division.

(a) General rule.--The clerk of the orphans' court division of each county shall be selected, and may be removed, in the manner provided by the act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code," or the act of August 9, 1955 (P.L.323, No.130), known as "The County Code," as the case may be. The office shall be combined with another county office when so provided by statute. (b) Philadelphia.--The Register of Wills of Philadelphia shall serve ex officio as Clerk of the Orphans' Court Division of the Court of Common Pleas of Philadelphia County. References in Text. The act of August 9, 1955, P.L.323, No.130, known as The County Code, referred to in subsec. (a), was repealed May 8, 2024, P.L.50, No.14. The subject matter is now contained in Title 16 (Counties).

42 Pa.C.S. § 2773 Seal.

The clerk of the orphans' court division shall have custody of a counterpart of the seal of the court for which he is the clerk of the orphans' court division.

42 Pa.C.S. § 2774 Office of the clerk of the orphans' court division.

(a) General rule.--There shall be an office of the clerk of the orphans' court division in each county of this Commonwealth, which shall be supervised by the clerk of the orphans' court division of the county who shall, either personally, by deputy, or by other duly authorized employees or agents of the office, exercise the powers, and perform the duties by law vested in and imposed upon the clerk of the orphans' court division or the office of the clerk of the orphans' court division. (b) Facilities and services.--The office of the clerk of the orphans' court division shall be provided with all necessary accommodations, goods and services pursuant to section 3722 (relating to general facilities and services furnished by county).

42 Pa.C.S. § 2775 Staff.

(a) General rule.--The clerk of the orphans' court division, with the consent and approval of the court, may appoint and remove such deputies and other administrative staff of the office as may be necessary. (b) Solicitor.--The clerk of the orphans' court division, with the consent and approval of the court, may appoint and remove a solicitor, who shall be a member of the bar of this Commonwealth. The solicitor shall advise upon all legal matters that may be submitted by the clerk of the orphans' court division to him, and shall conduct any litigation when required to do so by the clerk of the orphans' court division. (c) Compensation and duties.--The clerk of the orphans' court division, except as otherwise provided by statute or home rule charter or optional plan of government, may fix the compensation and duties of the staff of the office of the clerk of the orphans' court division. Where the compensation of the staff of the office of the clerk of the orphans' court division is fixed by a county salary board, the clerk of the orphans' court division shall be a member of the salary board for such purpose. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

42 Pa.C.S. § 2776 Matters or documents filed in the office of the clerk of the orphans' court division.

All matters to be heard or determined in the orphans' court division of a court of common pleas shall be filed in or transferred to the office of the clerk of the orphans' court division. Cross References. Section 2776 is referred to in section 2736 of this title.

42 Pa.C.S. § 2777 Powers and duties of the office of the clerk of the orphans' court division.

The office of the clerk of the orphans' court division shall have the power and duty to: (1) Administer oaths and affirmations and take acknowledgments pursuant to section 327 (relating to oaths and acknowledgments), but shall not be compelled to do so in any matter not pertaining to the proper business of the office. (2) Affix and attest the seal of the court to all the process thereof and to the certifications and exemplifications of all documents and records pertaining to the office of the clerk of the orphans' court division and the business of the division. (3) Enter all orders of the court determined in the division, including judgments by confession. (4) Enter all satisfactions of judgments entered in the office. (5) Exercise the authority of the clerk of the orphans' court division as an officer of the court. (6) Exercise such other powers and perform such other duties as may now or hereafter be vested in or imposed upon the office by law, home rule charter, order or rule of court, or ordinance of a county governed by a home rule charter, or optional plan of government. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended par. (3).

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