OFFICE OF THE PROTHONOTARY

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1 OFFICE OF THE PROTHONOTARY PY-1 Administrative And Subject Files See Administrative and Legal Records found in Section 2 for retention guidance. PY-2 Advance Copies Of Laws Consists of copies of statutes enacted at each session of the General Assembly. Filed with the Prothonotary to provide access by the public. Retain until December 31st of the following year. PY-3 Annual Audit And Financial Reports Report submitted annually to the Department of Community and Economic Development covering all assets, liabilities, fund equities, revenues, expenditures, and other financing sources and uses for county or municipal funds and accounts. Retain 5 years. PY-4 Argument, Trial And Hearing Lists Shows cases listed for argument, trial or hearing (e.g. Rule to Show Cause, Settlement Conference, etc.) and may include date set; names of parties involved, attorneys and judge assigned to case; number, date and nature of proceedings; and disposition. Retain as long as of administrative value. PY-5 Bonds Of County Officials Consists of bonds for certain county officers. Bond usually includes names and addresses of official and insurance company, conditions and amount, date, and signatures of official and company representative. Retain 6 years after expiration of term or resignation. PY-6 Civil Dockets, Books And Indices Consists of all dockets, books and indices pertaining to filed papers including but not limited to Appeal, Appearance, Arbitration, Asbestos, Assignees, Certiorari, Civil, Common Pleas, Conditional Sales, Continuance, Corporation, Divorce, Ejectment, Eminent Domain, Equity, Execution, Family, Federal Tax Lien, Fictitious Names, Insolvency, Judgment, Letter of Attorney, Locality, Mechanics' Lien, Mental Health, Minutes, Miscellaneous, Municipal Lien, Notes, Partition, Partnership, Personal Property Tax Lien, Recognizance, Secured Transactions, Estate Tax Lien, Suits, Summons, Support, Tax Lien, Trustee, Unemployment Compensation Lien and Workmen's Compensation Lien. 2/2002 PROTHONOTARY - 1

2 Retain permanently for administrative, legal and historical purposes. PY-7 Civil Papers/Files Consists of papers filed in civil matters both at law and equity including but not limited to affidavits, agreements, answers, appointments, assignments, awards, bills, bonds, certificates, complaints, decrees, executions, exemplifications, interrogatories, memoranda, notes, notices, opinions, orders, petitions, powers of attorney, praecipes, recognizances, requests, releases, reports, returns of service, rules, subpoenas, stipulations, transfers, venires, waivers, and writs of summons. Retain as indicated: 1. All Civil Matters (Law/Equity), Not Otherwise Listed: (a) Involving Title To Real Estate - Retain permanently for administrative and legal purposes. (b) Marked Discontinued/Settled Not Involving Title To Real Estate - Retain one year. 2. Change Of Name - Retain permanently for administrative and legal purposes. 3. Condemnation - Retain permanently for administrative and legal purposes Initial Complaint and/or Declaration of Taking, Appointments of the Board of View and Final Order. Miscellaneous papers of a procedural nature should be retained 2 years after expiration of appeal period or termination on the record. 4. Declaratory Judgment - If judgment affects title to real estate, retain permanently for administrative and legal purposes. If judgment does not affect title to real estate, retain 2 years after expiration of appeal period or termination on the record. 5. Depositions, Notes Of Testimony, Briefs, Memoranda Of Law And Interrogatories - If filed according to local rule, retain 1 year after expiration of appeal period or termination on the record, except that Notes of Testimony relating to Divorce and Annulment cases should be retained 5 years after entry of the Final Decree and Order. 6. Divorce And Annulment - Retain permanently for administrative and legal purposes: Complaint; Proof/Affidavit/Acknowledgment of Service of Complaint/Answer/Counter Claim; Special Relief Papers and other documents as determined by local policy; Final Decree; Property, Custody, Alimony, and Support Orders; Agreements; and Notice of Election to Retake Prior Name. All other papers in Divorce or Annulment actions (e.g. Master's Reports, Notes of Testimony, Conciliator's Reports, Inventories and Appraisements, Income and Expense Statements, Correspondence, Proposed/Suggested Schedules of Distribution, Notices of Counseling, Hearing Notices, and other Certificates of Service) should be retained 5 years after Final Decree in Divorce or Annulment. 2/2002 PROTHONOTARY - 2

3 7. Domestic Relations - If the Prothonotary is the custodian of Domestic Relations records (Support), comply with the rules and regulations promulgated by the appropriate administering/funding/ licensing agency (Bureau of Child Support Enforcement, Pennsylvania Department of Public Welfare and Bureau of Child Support Enforcement, U.S. Department of Health and Human Services) - current regulations require officers to retain these records 4 years after case is closed and all arrearages have been satisfied. 8. Ejectment - Retain permanently for administrative and legal purposes. (Does not relate to eviction.) 9. Fictitious Name - Retain permanently for administrative and legal purposes. (After March 16, 1983, filed with the Department of State.) 10. Habeas Corpus/Child Custody - Retain 20 years after filing of order granting custody if not part of a divorce action. 11. Inactive Matters Terminated Pursuant To R.J.A Retain papers 1 year after termination. 12. Involuntary Dissolution - Retain permanently for administrative and legal purposes. 13. Judgments And Liens - Retain open judgments and liens and supporting papers permanently for administrative and legal purposes. If judgment or lien has been satisfied, retain evidence of satisfaction including any authority to satisfy permanently for administrative and legal purposes. (May appear only in docket entry.) All other papers should be retained 1 year after satisfaction. In the case of Federal Tax Liens which have been satisfied, retain original notice and certificates of refiling, release, discharge, non-attachment, and subordination permanently for administrative and legal purposes. All other papers should be retained 1 year after satisfaction. Stipulations, waivers and agreements against Mechanics' Liens should be retained 10 years after filing. Mechanics' Lien claims which have not become perfected liens should be retained 10 years after filing. 14. Mental Health - Retain hearing tapes or stenographic records 1 year after proceedings. Retain papers 10 years after date of filing. 15. Mortgage Foreclosure - Retain permanently for administrative and legal purposes. 16. Non-Profit Corporation - Contact State Archives for information about implementation of Act 140 of 1991 (Department of State Project). 17. Paternity - Retain permanently for administrative and legal purposes. 18. Peddlers' Licenses - Retain permanently for historical purposes at county archives or contact State Archives regarding transfer. 19. Pennsylvania Department Of Transportation Suspension Appeals (Including but not limited to License Suspension, Mechanic s Certificate, Inspection Station and Vehicle Registration) - Retain 2 years after expiration of appeal period or termination on the record. 2/2002 PROTHONOTARY - 3

4 20. Protection From Abuse - Retain 1 year after termination of protection order. 21. Quiet Title - Retain permanently for administrative and legal purposes. 22. Trust Inter Vivos - Retain permanently for administrative and legal purposes. (Now filed in Orphans' Court.) PY-8 Civil Reports To Administrative Office Monthly statistical report indicates date and county; totals for docketed, arbitrated and ready for trial cases; age of trial-ready cases; name and signature of person filing report; and date. Retain 3 years. PY-9 Controller's And Auditors' Reports Report from the County Controller or Auditors includes a summary of the financial condition of the county. Provides an account of all receipts, expenditures, disbursements, revenues, assets and liabilities. Retain 2 years after filing unless report has the effect of a judgment against real estate of a county officer. PY-10 Coroner's Records See Office of the Coroner records found in Section 2 for retention guidance. PY-11 Court Appointments Consists of orders for appointments of various officers such as arbitrators, divorce masters, election officials, mental health review officers, school police, etc. Order indicates date, name of appointee, office and signature of judge. May also include petitions for appointments. Retain 2 years after expiration of appointment or resignation. PY-12 Deputy Sheriff Affidavits And Appointment Lists Affidavit usually shows date, name and address of individual being appointed, text of affidavit, and signatures of notary and appointee. Photograph of appointee is attached. May also include Sheriff's statement that Deputy's name appears on official list. Appointment list indicates date, names and addresses of persons to be appointed who meet qualifications, and signature of Sheriff. Retain affidavit and statement 2 years after expiration of term or resignation. Retain list 2 years after replacement by new list. 2/2002 PROTHONOTARY - 4

5 PY-13 Financing Statements And Change Forms Filed pursuant to the Uniform Commercial Code, statement shows names, addresses and signatures of parties; filing information; and description of collateral. Change form relates to continuation, termination, release, assignment, or amendment of original statement. Includes names, addresses and signatures of parties; filing information; number, date and place of filing of original statement; and description of change. Retain 1 year after lapse. If termination statement has been filed, retain 1 year after termination. PY-14 Fiscal Records Includes standard accounting and financial records relating to the funds of the Prothonotary's Office. See Financial Records, Payroll Records, and Purchasing Records found in Section 2 for retention guidance. PY-15 Insurance Company Financial Statements And Certificates Papers include a copy of the Pennsylvania Insurance Department's Certificate of Authority to Transact Business, and a summary financial statement indicating the company's assets and liabilities. Required of companies providing surety bonds within the county that require approval of a judicial officer. Retain those related to officer bonds 6 years after filing. Retain others 2 years after filing. PY-16 Naturalization Dockets, Books, Indices And Papers May include Certificates of Arrival, Declarations of Intention, Depositions, Lists of Naturalization Petitions Recommended to be Granted or Denied, Naturalization or Alien Dockets and Indices, Naturalization Notes of Testimony, Naturalization Petitions, Orders of Court Granting or Denying Petitions for Naturalization, Repatriation Dockets, Requests for Certificates of Arrival, and Stubs for Naturalization Certificates. Retain permanently for administrative, legal and historical purposes. If these records have been microfilmed, the originals may not be destroyed but must be retained permanently by the county or transferred to the State Archives. PY-17 Notary Registers Usually includes notary's name and signature, date of registration, address, and date of expiration of commission. Stamped with notary s seal. Retain 5 years after last entry. 2/2002 PROTHONOTARY - 5

6 PY-18 Oaths Of County Officials Usually shows name of official, text, date filed, and signatures of official and person administering oath. Retain 2 years after expiration of term or resignation. PY-19 Occupational And Miscellaneous Registers Consists of records used to document county functions which are now obsolete. May include registers for automobiles, dogs and stallions as well as occupational registers relating to attorneys, dentists, midwives, optometrists, physicians, veterinary surgeons, etc. Retain permanently for historical purposes at county archives or contact State Archives regarding transfer. PY-20 Passport Application Transmittals Report sent to U.S. Department of State. Shows date; office; applicant's name, date of birth, telephone number, date of departure and added return services; amounts collected; total number processed; and signature of individual preparing transmittal. Retain 2 years. PY-21 Prothonotary's Monthly Returns Sent to the Department of Revenue. Shows name of county, month and year, name of Prothonotary, number of taxable instruments, amounts for collections and commissions, total remittance and certification signed by Prothonotary. Retain until all audits required by law have been completed and settled. PY-22 Registry Of Out-Of-State Custody Decrees Consists of certified copies of custody decrees from other states along with related documents and correspondence. Retain 20 years after filing of order granting custody if not part of a divorce action. PY-23 School District Auditors' Reports Filed annually pursuant to the Public School Code, report includes name and address of local education agency; name, signature, address and telephone number of auditor; date prepared; auditors' opinion; combined balance sheet; and financial statements. Retain 1 year. 9/2012 PROTHONOTARY - 6

OFFICE OF THE CLERK OF COURTS

OFFICE OF THE CLERK OF COURTS CC-1 Administrative And Subject Files See Administrative and Legal Records found in Section 2 for retention guidance. CC-2 Annual Audit And Financial Reports Report submitted