J-S29013-23

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

YORK COUNTY CLERK OF COURTS

v.

TODD ALLEN DISE 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1270 MDA 2022

Appeal from the Order Entered August 10, 2022

In the Court of Common Pleas of York County

Criminal Division at CP-67-CR-0004174-1993

YORK COUNTY CLERK OF COURTS

v.

TODD ALAN DISE 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1271 MDA 2022

Appeal from the Order Entered August 10, 2022

In the Court of Common Pleas of York County 

Criminal Division at CP-67-CR-0000993-1995

YORK COUNTY CLERK OF COURTS

v.

TODD A. DISE 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1272 MDA 2022

Appeal from the Order Entered August 10, 2022

In the Court of Common Pleas of York County 

Criminal Division at CP-67-CR-0001685-1999
J-S29013-23

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YORK COUNTY CLERK OF COURTS

v.

TODD ALAN DISE 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1273 MDA 2022

Appeal from the Order Entered August 10, 2022

In the Court of Common Pleas of York County

Criminal Division at CP-67-CR-0005085-2009

YORK COUNTY CLERK OF COURTS

v.

TODD ALEN DISE 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1274 MDA 2022

Appeal from the Order Entered August 10, 2022

In the Court of Common Pleas of York County

Criminal Division at CP-67-CR-0002446-2010

YORK COUNTY CLERK OF COURTS

v.

TODD ALAN DISE 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1275 MDA 2022

Appeal from the Order Entered August 10, 2022

In the Court of Common Pleas of York County

Criminal Division at CP-67-CR-0005159-2010
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YORK COUNTY CLERK OF COURTS

v.

TODD ALAN DISE 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1276 MDA 2022

Appeal from the Order Entered August 10, 2022

In the Court of Common Pleas of York County

Criminal Division at CP-67-CR-0008010-2013

YORK COUNTY CLERK OF COURTS

v.

TODD ALAN DISE 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1277 MDA 2022

Appeal from the Order Entered August 10, 2022

In the Court of Common Pleas of York County

Criminal Division CP-67-CR-0001107-2013

YORK COUNTY CLERK OF COURTS

v.

TODD ALAN DISE 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1278 MDA 2022

Appeal from the Order Entered August 10, 2022

In the Court of Common Pleas of York County

Criminal Division at CP-67-CR-0006290-2015
J-S29013-23

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YORK COUNTY CLERK OF COURTS

v.

TODD ALAN DISE 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1279 MDA 2022

Appeal from the Order Entered August 10, 2022

In the Court of Common Pleas of York County

Criminal Division at CP-67-CR-0004850-2016

YORK COUNTY CLERK OF COURTS

v.

TODD ALAN DISE 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1280 MDA 2022

Appeal from the Order Entered August 10, 2022

In the Court of Common Pleas of York County

Criminal Division at CP-67-CR-0003255-2021

YORK COUNTY CLERK OF COURTS

v.

TODD ALAN DISE 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1281 MDA 2022

Appeal from the Order Entered August 10, 2022

In the Court of Common Pleas of York County

Criminal Division at CP-67-CR-0003995-2021
J-S29013-23

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YORK COUNTY CLERK OF COURTS

v.

TODD ALAN DISE 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1282 MDA 2022

Appeal from the Order Entered August 10, 2022

In the Court of Common Pleas of York County

Criminal Division at CP-67-CR-0004893-2021

BEFORE: MURRAY, J., KING, J., and COLINS, J.*

MEMORANDUM BY MURRAY, J.: NOVEMBER 13, 2023

Todd Allen Dise, a/k/a Todd Alan Dise, a/k/a Todd A. Dise, a/k/a Todd 

Alen Dise (Appellant), appeals from the order granting the York County Clerk 

of Courts’ motion to apply restitution received by Appellant to costs and fines 

owed by Appellant. After careful consideration, we transfer this appeal to 

Commonwealth Court.

TRIAL COURT PROCEEDINGS

The trial court summarized the following procedural history:

On June 30, 2022, the Office of the York County Clerk of 

Courts (hereinafter referred to as “Clerk’s Office”) filed a Motion 

to Apply Restitution to [Appellant]’s Case. In that Motion, the 

Clerk’s Office set forth that [Appellant] is entitled to receive 

restitution in case CP-67-CR-0007527-2014; however, in light of 

the cumulative amount [Appellant] owes in cases CP-67-CR0004174-1993, CP-67-CR-0000993-1995, CP-67-CR-0001685-

1999, CP-67-CR0005085-2009, CP-67-CR-0002446-2010, CP-

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* Retired Senior Judge assigned to the Superior Court.
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67-CR-0005159-2010, CP-67-CR-1107-2013, CP-67-CR0008010-2013, CP-67-CR-0006290-2015, CP-67-CR-0004850-

2016, CP-67-CR-0003255-2021, CP-67-CR-0003995-2021, and

CP-67-CR-0004893-2021, totaling Nineteen Thousand Three 

Hundred Fifteen Dollars and Forty-One Cents ($19,315.41), the 

Clerk of Courts requested to apply any amount [Appellant]

received to the amount owed. A hearing was held on August 10, 

2022.

***

[At the August 10, 2022 hearing, Appellant] averred that he had 

paid “Ten Thousand Dollars ($10,000) towards the collective 

amount” [Appellant owed]; however, the [trial c]ourt noted 

[Appellant paid this amount] over a period of thirty (30) years. 

Th[e trial c]ourt heard argument and ruled the Nine Hundred 

Eighty-Five Dollars ($985.00) owed to [Appellant] in restitution,

on case CP-67-CR-0007527-2014, shall be applied to the costs 

and fines owed in [Appellant’s] cases “primarily to make up for 

what he didn’t pay in 2021.”

On September 9, 2022, [Appellant] filed a timely Notice of

Appeal to the Superior Court.

Trial Court Opinion, 12/1/22, at 2-3 (citations to notes of testimony omitted). 

SUPERIOR COURT PROCEEDINGS

In his notices of appeal,1 Appellant listed the Commonwealth, 

represented by the York County District Attorney’s Office (DA), as Appellee. 

Notably, Appellant’s counsel (Counsel) certified in the “PROOF OF SERVICE” 

that Counsel had served the DA (as well as the trial court). See Notices of 

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1 Appellant complied the Pennsylvania Supreme Court’s directive in 

Commonwealth v. Walker, 185 A.3d 969, 971 (Pa. 2018) (holding “where 

a single order resolves issues arising on more than one docket, separate 

notices of appeal must be filed for each case.”). On September 28, 2022, this 

Court consolidated the appeals sua sponte.
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Appeal, 9/9/22, at 2 (unnumbered). Counsel did not serve the York County 

Clerk of Courts. See id. When Counsel completed the section of Appellant’s 

Superior Court Docketing Statement, which requested “CASE 

IDENTIFICATION” and “Type of Order”, Counsel checked “Other” (as opposed 

to the other options of “Judgment of Sentence” or “PCRA”). See Superior 

Court Docketing Statement, 9/27/22, at 1 (unnumbered).

On May 19, 2023, the DA filed a “Motion to Substitute Parties and 

Withdraw Appearance” with this Court. The DA averred:

The proceedings giving rise to this appeal involved the Clerk 

of Courts’ motion filed by their solicitor, Stephen McDonald of the 

CGA law firm that restitution owed to [Appellant] be used to pay 

his outstanding court costs. (Appendix 1 [Motion to Apply 

Restitution])

The District Attorney’s Office was not involved in filing this 

motion.

The District Attorney’s Office was also not present at the 

hearing where the trial court addressed the motion by the clerk of 

courts. (Appendix 2 [Order])

The proper party to address this appeal as appellee, 

is the movant:

Stephen R. McDonald Esq.

CGA Law Firm

135 N. George Street

York, PA 17401

Telephone: 717- 848- 4900

Fax: 717- 843- 9039

smcdonald@cgalaw.com

ID#310319,

The York County District Attorney’s Office was not an active 

party to these cost recovery proceedings.
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Application for Relief, 5/19/23, at 1-2 (paragraph numbers omitted, emphasis 

added). The DA thus requested “the York County District Attorney’s Office be 

removed as counsel from this case, and the actual movant in this case be 

substituted.” Id. at 2.

On May 26, 2023, this Court granted the DA’s motion and entered a per 

curiam order granting the DA’s request to withdraw appearance. We also

directed our Prothonotary “to amend the docket to reflect that the Appellee is 

the York County Clerk of Courts” and “reestablish a briefing schedule for the 

Appellee.” Order, 5/26/23. Thereafter, the appeal was assigned to this 3-

judge panel. On September 8, 2023, we entered an order providing for a 

“new Appellee briefing schedule,” and directed service upon “the York County 

Clerk of Courts and Attorney McDonald.” Order 9/8/23 (emphasis in original). 

The new briefing schedule extended the due date for Appellee’s brief to 

October 10, 2023.2

JURISDICTION

Due to Appellant’s failure to properly identify the York County Clerk of 

Courts as Appellee, this Court was unaware of a jurisdictional conflict. 

However, upon further review, we are compelled to address the issue. See

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2 The York County Clerk of Courts has not filed a timely appellee brief.
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Leininger v. Trapizona, 627 A.2d 194, 196 (Pa. Super. 1993) (“Although 

neither party has raised the issue, it is well settled that this Court may sua

sponte raise a question as to our jurisdiction in a particular case.” (citation 

omitted)).

The Judicial Code provides the Superior Court with “exclusive appellate 

jurisdiction of all appeals from final orders of the courts of common pleas 

except such classes of appeals . . . within the exclusive jurisdiction of 

the . . . Commonwealth Court.” 42 Pa.C.S.A. § 742 (emphasis added). 

In contrast, the Commonwealth Court is vested with 

exclusive jurisdiction of appeals from final orders of the courts of 

common pleas in the following cases:

(1) Commonwealth civil cases. — All civil actions or

proceedings:

....

(ii) By the Commonwealth government, including any

officer thereof acting in his official capacity.

Id. § 762(a)(1)(ii). 

The Commonwealth Court has explained,3

the General Assembly has defined the “Commonwealth 

government” in the Judicial Code to include “the courts and other 

officers or agencies of the unified judicial system,” 42 Pa.C.S. § 

102, and our appellate courts have relied on this definition in 

determining that original jurisdiction lies in [Commonwealth] 

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3 While not binding, Commonwealth Court decisions may serve as persuasive 

authority. Commonwealth v. Bowers, 185 A.3d 358, 362 n.4 (Pa. Super. 

2018).
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Court for civil actions filed against judges and officers of the courts 

of common pleas pursuant to Section 761(a)(1) of the Judicial 

Code. See, e.g., Richardson v. Peters, 610 Pa. 365, 19 A.3d 

1047, 1047–48 (2011) (per curiam) (Clerk of Courts of the Court 

of Common Pleas of Chester County); In re Domestic Relations

Hearing Room, 796 A.2d 407, 409–10 (Pa. Cmwlth. 2002) (en

banc) (President Judge of the Court of Common Pleas of 

Northumberland County).

Russo v. Allegheny Cnty., 125 A.3d 113, 116 (Pa. Cmwlth. 2015) (footnote 

omitted), aff'd, 150 A.3d 16 (Pa. 2016).

As stated above, the Pennsylvania Supreme Court “concluded that the 

Clerk of Courts of the Court of Common Pleas ... ‘is considered to be the 

Commonwealth government as a Commonwealth officer’ and thus the 

Commonwealth Court had jurisdiction to hear an appeal brought by the Clerk 

of Courts from a trial court order.” Richardson v. Peters, 19 A.3d 1047, 

1048 (Pa. 2011) (citations omitted).

More recently, the Commonwealth Court explained:

Generally, individuals who are found guilty in criminal matters are 

liable for statutorily authorized costs, regardless of whether

those costs are formally imposed through court orders or

simply by operation of law. See 42 Pa. C.S. § 9721(c.1); id.

§ 9728(a)-(b) (allowing recovery of costs by authorized county 

agent, county correctional facility, county probation department, 

or Department of Corrections); id. § 9728(b.2).

Additionally, the Commonwealth Court has original jurisdiction to 

consider certain kinds of related disputes, where a petitioner does 

not challenge the sentencing court’s decision to exact costs upon 

them, but rather contests subsequent administrative efforts to 

calculate, collect, or impose such costs. See Guarrasi v. Cnty.

of Bucks, (Pa. Cmwlth. No. 176 M.D. 2018, filed Sept. 14, 2018), 

slip op. at 6-7, 2018 WL 4374280 at *3; Saxberg v. Dep’t of
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Corr., 42 A.3d 1210, 1213 (Pa. Cmwlth. 2012); Spotz v. Com., 

972 A.2d 125, 134 (Pa. Cmwlth. 2009).

McFalls v. 38th Jud. Dist., No. 4 M.D. 2021, 2021 WL 3700604, at *8 (Pa. 

Cmwlth. Aug. 6, 2021) (bold and italic emphasis in original, footnotes 

omitted).4 See also Fordyce v. Clerk of Courts, 869 A.2d 1049 (Pa. 

Cmwlth. 2005) (reversing trial court’s grant of Clerk of Courts’ preliminary 

objections to appellant/inmate’s petition challenging the imposition of costs of 

prosecution related to sheriff’s costs in transporting inmate) (superseded by 

statute as explained in McFalls, supra).

Upon review and consistent with the above legal authority, we conclude 

that transfer of this appeal to Commonwealth Court is warranted.5 

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4 The Commonwealth Court’s non-precedential decisions filed after January 

15, 2008 may be cited as persuasive authority. See Pa.R.A.P. 126(b)(1)-(2).

5 The parties’ appellate rights are preserved pursuant to Pa.R.A.P. 751(a) 

(stating “the appeal . . . shall be treated as originally filed in transferee court 

on the date first filed in [this] court.”).
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Appeal transferred to Commonwealth Court. Superior Court jurisdiction 

relinquished.

Judgment Entered.

Benjamin D. Kohler, Esq.

Prothonotary

Date: 11/13/2023