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CAMBRIA SAVINGS AND LOAN ASSOCIATION v. JOHN V. CAPOZZI AND MARGARET A. CAPOZZI (07/11/79)

decided: July 11, 1979.

CAMBRIA SAVINGS AND LOAN ASSOCIATION, A PENNSYLVANIA CORPORATION
v.
JOHN V. CAPOZZI AND MARGARET A. CAPOZZI, HIS WIFE. COUNTY OF ALLEGHENY, APPELLANT



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Cambria Savings and Loan Association, a Pennsylvania corporation v. John V. Capozzi and Margaret A. Capozzi, his wife, No. GD-75-7683.

COUNSEL

Robert S. Barker, Assistant County Solicitor, with him Alexander J. Jaffurs, County Solicitor, for appellant.

David R. Cashman, with him Franklyn E. Conflenti, and Cauley, Birsic & Conflenti, for appellees.

Judges Mencer, Rogers and Craig, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 44 Pa. Commw. Page 190]

John V. Capozzi and Margaret, his wife, defendants in an equity suit in the Court of Common Pleas of Allegheny County, appealed a final decree in favor of the plaintiff, the Cambria Savings and Loan Association, to the Pennsylvania Superior Court. The record transmitted to the Superior Court by the Prothonotary did not include a transcript of the notes of testimony because the court reporter of the common pleas court would not transcribe them unless he was paid for doing so at the prevailing rate of $1.30 per page. The Superior Court returned the record to the trial court with directions to resolve the question of who was obliged to pay the cost of transcribing the notes and to return the complete record to the Superior

[ 44 Pa. Commw. Page 191]

Court. The Allegheny Court of Common Pleas then ordered the court reporter to prepare the transcript without prejudice to his right to recover appropriate fees, and scheduled a hearing on the issue of liability for costs. Both the County of Allegheny and the official court reporters were allowed leave to intervene in the proceedings. The court ordered the County to pay to the court reporters thirty cents for each one hundred words transcribed, as provided by Section 8 of the Act of May 1, 1907, P.L. 135, as amended, 17 P.S. § 1810, and ordered the Capozzis, as appellants, to pay the court reporters the difference between the prevailing rate and the cost imposed on the County by statute. The County appealed from this order. We affirm.

The duty of the official court reporter to transcribe his notes when an appeal is taken is set forth in Pa. R.A.P. 1922(a), and the action of the court below in this respect is not in issue. As noted, the court ordered the County to pay thirty cents for each one hundred words of the transcript on the authority of Section 8 of the Act, 17 P.S. § 1810, which provides:

Every official stenographer shall be paid . . . thirty cents for each one hundred words of every copy of the stenographic notes of trials and of other matters in connection with the business of the court, that are furnished to the court or filed of record, and ten cents for each one hundred words of every copy that is given to counsel or to parties, if ordered so that they may be typewritten at the same time with the filing copy; payment for the copies to be made by the county in which the case is pending, or for which the work is performed upon the order of the presiding judge.

Effective July 27, 1979, Section 8 is repealed by Section 2(a) of the Judiciary Act Repealer Act, Act of April 28, 1978, P.L. 202, 42 P.S. § 20002(a) [899].

[ 44 Pa. Commw. Page 192]

Allegheny County argues, however, that the Act of May 1, 1907, was suspended by the Rules of Appellate Procedure. ...


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