The Bucks County Prothonotary denied Gregory Bulfaro's request for a copy of page 9 from a civil court document. After multiple attempts to obtain the record from various county offices, Bulfaro filed an appeal with the Pennsylvania Office of Open Records. The Office dismissed both of Bulfaro's appeals for lack of jurisdiction over the judicial agency. Bulfaro argues that as a custodian of public court records, the Prothonotary must facilitate access under the Public Access Policy of the Unified Judicial System of Pennsylvania.

1. BUCKS COUNTY COURT OF COMMON PLEAS
PUBLIC RECORD ACCESS REQUEST APPEAL (Revised)
IN THE MATTER OF
GREGORY BULFARO,
Requester
v.
BUCKS COUNTY PROTHONOTARY
Respondent
FACTUAL BACKGROUND
On February 28, 2023, Gregory Bulfaro (“Requester”) visited the office of the Bucks
County Prothonotary (“Respondent”) to obtain a copy of a document in relation to Bucks County
Court of Common Pleas No. 98-000107-24-2 (consolidated into Bucks County Court of
Common Pleas No. 96-000270-20-2), the specifics of which can be found in the Right-to-Know
request (“Request”) attached as “Addendum 1.” Mr. Bulfaro advised said office that the
document was not present on the microfilm and showed the representative accordingly. He was
advised that the office would have to request this document from an offsite entity and to leave his
name and contact information and said representative would contact him. Mr. Bulfaro never
heard anything further from said office. After calling the office several weeks later and being
advised that they were “unaware” of any such request, Mr. Bulfaro asked for the applicable
Right-to-Know Officer to handle this kind of request. He was advised that the Prothonotary’s
office did not handle these requests and to check online.
On March 24, 2023, Mr. Bulfaro sent the Right-to-Know request (“Addendum 1”) via
email to Michael J. Paston, Esq. (“Addendum 2”) as was referenced in instructions found online
(“Addendum 3”).
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2. On March 27, 2023, Mr. Bulfaro was advised that Mr. Paston was not the correct person
to handle the request in question (“Addendum 2”). Additional dialogue took place with Mr.
Paston advising Mr. Bulfaro to inquire with the Prothonotary’s office, which, as aforesaid, had
already been done. On the same date, Mr. Bulfaro sent the request to Ashley Dayoub at
openrecordsofficer@buckscounty.org and asked her to please forward it on to the appropriate
County Open Records Officer (“Addendum 4”).
On April 4, 2023, Mr. Bulfaro received an email from Ms. Dayoub stating that the
request was denied for being misdirected (“Addendum 5”). It was then stated:
Civil case information subject to the RTKL may be obtained through the Prothonotary.
Criminal case information subject to the RTKL may be obtained through the Clerk of
Courts. Information on obtaining records from the Prothonotary and Clerk of Courts can
be obtained at the below link. https://www.buckscounty.gov/1504/Court-Records
Said link, when clicking on the “Prothonotary” hyperlink contained on the page, led full circle
back to the Prothonotary’s office (“Addendum 6”).
On April 6, 2023, Mr. Bulfaro sent the request to Coleen Christian ("Addendum 7") per
the information contained in the aforesaid hyperlink. No response was received from Ms.
Christian.
On April 14, 2023, after the requisite five business day response time as is stipulated in
Pennsylvania’s Right-to-Know Law rendered the request “deemed denied,” Mr. Bulfaro filed an
appeal with the Pennsylvania Office of Open Records (“Addendum 8”).
On April 18, 2023, Mr. Bulfaro filed an amended appeal to include a statement that had
been erroneously omitted from the initial appeal (“Addendum 9”).
On April 20, 2023, the Pennsylvania Office of Open Records dismissed both appeals due
to lack of jurisdiction (“Addendum 10,” “Addendum 11").
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3. LEGAL ANALYSIS
The Bucks County Prothonotary is a judicial agency. Faulk v. Phila. Clerk of Courts, 116
A.3d 1183 (Pa. Commw. Ct. 2015). Section 3.0 of the Public Access Policy of the Unified
Judicial System of Pennsylvania explicitly states that all case records shall be open to the public
in accordance with said policy. If the interpretation of Section 304 of Pennsylvania's
Right-to-Know Law excludes a judicial agency from having to provide any court record that is
not financial in nature, the agency is still required to provide access under the Public Access
Policy of the Unified Judicial System of Pennsylvania. If the submission of the request on a
Right-to-Know form was erroneous and in any way contributory to the lack of response and/or
fulfillment of the request, that is a failure of the Respondent to communicate said issue to the
Requester accordingly. As a custodian of public records in accordance with Subsection G of
Section 1.0 of the Public Access Policy of the Unified Judicial System of Pennsylvania, it is the
responsibility of the Respondent to facilitate the processing of public requests for access to court
records. Subsection A of Section 5.0 of said policy explicitly states: "A custodian shall fulfill a
request for access to case records as promptly as possible under the circumstances existing at the
time of the request." Furthermore, Subsection B of Section 5.0 of said policy explicitly states:
"If a custodian cannot fulfill the request promptly or at all, the custodian shall inform the
requestor of the specific reason(s) why access to the information is being delayed or denied."
The Respondent failed to comply.
CONCLUSION
Through deemed denial by failure to acknowledge the Requester's request for access to a
public court record, the Bucks County Prothonotary is in direct violation of the regulations
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4. stipulated in the Public Access Policy of the Unified Judicial System of Pennsylvania and should
be mandated to provide the requisite response.
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5. Addendum 1
5

6. Addendum 2
On Monday, March 27, 2023 at 07:18:08 AM EDT, Paston, Michael J.
<mjpaston@buckscounty.org> wrote:
The docket numbers provided are not criminal case docket numbers. Thus, Clerk of Courts has
no information to provide.
Michael J. Paston, Esquire
First Deputy
Clerk of Courts
Bucks County
mjpaston@buckscounty.org
215.348.6526
From: Gregory Bulfaro <gbulfaro@aol.com>
Sent: Friday, March 24, 2023 4:24 PM
To: Paston, Michael J. <mjpaston@buckscounty.org>
Subject: RTKL Request
Good afternoon. Please see attached.
Thank you.
-Gregory Bulfaro
gbulfaro@aol.com
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7. Addendum 3
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8. Addendum 4
From: Gregory Bulfaro <gbulfaro@aol.com>
To: openrecordsofficer@buckscounty.org <openrecordsofficer@buckscounty.org>
Sent: Mon, Mar 27, 2023 6:25 pm
Subject: Fw: RTKL Request
Please forward this on to the appropriate County Open Records Officer.
-Gregory Bulfaro
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9. Addendum 5
From: openrecordsofficer <openrecordsofficer@buckscounty.org>
To: gbulfaro@aol.com <gbulfaro@aol.com>
Sent: Tue, Apr 4, 2023 1:26 pm
Subject: RTK No. 2023-03-28-00916- Response
Dear Requester Bulfaro:
We received your request for the following information pursuant to the Pennsylvania
Right-To-Know Law (“RTKL”), 65 P.S. §§ 67.100 et seq. on March 28, 2023:
“RE: Bucks County Court of Common Pleas No. 98-000107-24-2
(consolidated into Bucks County Court of Common Pleas No. 96-000270-20-2)
Docket 984741-00063:
Page 9 was not included on the scanned microfilm in the office of the Bucks County
Prothonotary. I am requesting a copy of this page. Thank you.”
Your request is denied as misdirected.
Please be advised that docket information is not in possession of the County’s Board of
Commissioners and Administration.
Civil case information subject to the RTKL may be obtained through the Prothonotary. Criminal
case information subject to the RTKL may be obtained through the Clerk of Courts. Information
on obtaining records from the Prothonotary and Clerk of Courts can be obtained at the below
link.
https://www.buckscounty.gov/1504/Court-Records
You have the right to appeal this denial in writing to the Pennsylvania Office of Open Records,
333 Market Street, 16th
Floor, Harrisburg, PA 17101-2234. If you choose to do so, it must be
done within 15 business days of the date of this response. Your appeal must include a copy of
this email and your request.
Please be advised that this correspondence will serve to close this file as permitted by law.
Regards,
Ashley Dayoub
Open Records Officer
Bucks County Board of Commissioners
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10. Addendum 6
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11. Addendum 7
From: Gregory Bulfaro <gbulfaro@aol.com>
To: prothonotarychristian@buckscounty.org <prothonotarychristian@buckscounty.org>
Sent: Thursday, April 6, 2023 at 01:02:34 AM EDT
Subject: Fw: RTKL Request
Please see attached.
-Gregory Bulfaro
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12. Addendum 8
From: no-reply@openrecordspennsylvania.com
To: gbulfaro@aol.com
Subject: PA Office of Open Records - Appeal Confirmation
Date: Fri, Apr 14, 2023 11:42 pm
Attachments: You have filed an appeal of an agency's response to a request for records under the
Right-to-Know Law.
Name: Gregory Bulfaro
Company:
Address 1: 3911 Concord Pike
Address 2: #7392 City: Wilmington State: Delaware Zip: 19803 Phone: 267-227-8433
Email: gbulfaro@aol.com
Email2:
Agency (typed): Bucks County Prothonotary
Agency Address 1: Bucks County Justice Center
Agency Address 2: 100 North Main Street
Agency City: Doylestown Agency State: Pennsylvania
Agency Zip: 18901
Agency Phone: 215-348-6191
Agency Email: prothonotarychristian@buckscounty.org
Records at Issue in this Appeal: This request was deemed denied as no response was received
within the requisite five business days as is stipulated in Pennsylvania's Right-to-Know Law.
Request Submitted to Agency Via: e-mail
Request Date: 04/06/2023
Response Date:
Deemed Denied: Yes
Agency Open Records Officer: Coleen Christian
Attached a copy of my request for records: Yes
Attached a copy of all responses from the Agency regarding my request: Yes
Attached any letters or notices extending the Agency's time to respond to my request: No
Agree to permit the OOR additional time to issue a final determination: No
Interested in resolving this issue through OOR mediation: No
Attachments: Screenshot_20230414-231552.png Screenshot_20230414-231939.png RTKL
Request - Bucks County Clerk of Courts and Prothonotary - 3-24- 23 (1) (2) (5).pdf
I requested the listed records from the Agency named above. By submitting this form, I am
appealing the Agency's denial, partial denial, or deemed denial because the requested records are
public records in the possession, custody or control of the Agency; the records do not qualify for
any exemptions under § 708 of the RTKL, are not protected by a privilege, and are not exempt
under any Federal or State law or regulation; and the request was sufficiently specific.
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13. Addendum 9
From: no-reply@openrecordspennsylvania.com
To: gbulfaro@aol.com
Subject: PA Office of Open Records - Appeal Confirmation
Date: Tue, Apr 18, 2023 3:33 am
Attachments: You have filed an appeal of an agency's response to a request for records under the
Right-to-Know Law.
Name: Gregory Bulfaro
Company:
Address 1: 3911 Concord Pike
Address 2: #7392 City: Wilmington State: Delaware Zip: 19803 Phone: 267-227-8433
Email: gbulfaro@aol.com
Email2:
Agency (typed): Bucks County Prothonotary
Agency Address 1: Bucks County Justice Center
Agency Address 2: 100 North Main Street
Agency City: Doylestown Agency State: Pennsylvania
Agency Zip: 18901
Agency Phone: 215-348-6191
Agency Email: prothonotarychristian@buckscounty.org
Records at Issue in this Appeal: I am resubmitting this request to amend the one sent 4/14/23 to
include the requisite statement referencing why the information is public record. The Unified
Judicial System of Pennsylvania explicitly states that court records are public records and that
there is comprehensive public access provided online and upon request. Bucks County rules for
civil docket access are in accordance with this policy. The request is for a civil court case
document filed in Bucks County, PA and is therefore public record.
Request Submitted to Agency Via: e-mail
Request Date: 04/06/2023
Response Date:
Deemed Denied: Yes
Agency Open Records Officer: Coleen Christian
Attached a copy of my request for records: Yes
Attached a copy of all responses from the Agency regarding my request: Yes
Attached any letters or notices extending the Agency's time to respond to my request: No
Agree to permit the OOR additional time to issue a final determination: No
Interested in resolving this issue through OOR mediation: No
Attachments: Screenshot_20230414-231552.png Screenshot_20230414-231939.png RTKL
Request - Bucks County Clerk of Courts and Prothonotary - 3-24- 23 (1) (2) (5).pdf
I requested the listed records from the Agency named above. By submitting this form, I am
appealing the Agency's denial, partial denial, or deemed denial because the requested records are
public records in the possession, custody or control of the Agency; the records do not qualify for
any exemptions under § 708 of the RTKL, are not protected by a privilege, and are not exempt
under any Federal or State law or regulation; and the request was sufficiently specific.
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14. Addendum 10
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15. Addendum 11
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