§ 1725 — Establishment of fees and charges

Pennsylvania § 1725

• Jurisdiction: Pennsylvania
• Title 42: JUDICIARY AND JUDICIAL PROCEDURE
• Part: PART II
• Ch. 17: GOVERNANCE OF THE SYSTEM
• Subch.: SPECIFIC POWERS OF THE GOVERNING

Text

(a) General rule.--(Repealed).

(b) Procedure.--(Repealed).

(c) Counties of the first class.--

(1) The following fees shall be received by the clerks of orphans' courts of counties of the first class:

(i) The following fees shall be charged for the filing of accounts of guardians and trustees based upon the size of the estate:

(ii) The following fees shall be charged for the indicated activity or function:

(iii) The clerk of orphans' courts of counties of the first class are authorized to establish fees for services required by statute or rule of court which are not specifically provided for in this paragraph. Any such additional fees shall be the same as those imposed for similar services. The clerks shall not be required to perform any service until the requisite fee is paid.

(2) The fees to be received by the Prothonotary on behalf of the Trial Division and as Clerk of the Family Division of the Court of Common Pleas in counties of the first class shall be as follows:

(i) Appeals:

(3) The fees to be received by the prothonotary on behalf of the Philadelphia Municipal Court in civil actions shall be as follows:

(4) Beginning on January 1, 2008, and each January 1 thereafter, the prothonotary may, with the approval of the president judge of the applicable court, periodically increase any fee or charge imposed as of the effective date of this paragraph pursuant to paragraphs (2) or (3). However, no such fee or charge may be increased more than once in any three-year period, and the amount of any increase may not be greater than the percentage of increase in the Consumer Price Index for Urban Workers for the immediate three years preceding the last increase in the fee or charge.

(5) The First Judicial District of Pennsylvania may impose a charge for the production of records produced pursuant to a subpoena served on the First Judicial District or its employees as follows:

(d) Counties of the second class.--In counties of the second class, the prothonotary and the clerk of the orphans' court division shall set apart from the fees fixed in this subsection or under any other statute and collected by them on the following actions, proceedings and appeals and remit monthly the total collected to the county treasurer for the exclusive use and benefit of the public law library in the county:

(1) The sum of $1 for appeals to the court of common pleas from any administrative agency, independent agency, government unit, government agency or Commonwealth agency.

(2) The sum of $1 for appeals that are filed with or are to be heard by the court of common pleas which appeals are not specifically set forth in paragraph (1), including, but not limited to, appeals from magisterial district judges, the Pittsburgh Magistrates Court and the Traffic Court of Pittsburgh.

(3) The sum of $1 for appointments of Boards of View.

(4) The sum of $1 for certiorari to magisterial district judges and the Pittsburgh Magistrates Court and the Traffic Court of Pittsburgh.

(5) The sum of $1 for the commencement of a civil action or proceeding.

(6) The sum of $1 for the filing of a praecipe for and issuance of a writ of execution or attachment.

(7) The sum of $1 for the entry of a judgment by confession or otherwise.

(8) The sum of $1 for the filing of adversary and amicable scire facias proceedings.

(9) The sum of $1 for every filing with respect to fictitious names, whether individual or corporate.

(10) The sum of $1 for the probate of a will, the issuance of letters of administration or a petition for disposition of decedents estates independent of the issuance of letters testamentary or of administration.

(11) The sum of $1 for the filing of an account of fiduciary in the office of the clerk of the orphans' court division or in the office of the prothonotary.

(12) The sum of $1 for the filing of a petition for a writ of habeas corpus for the custody of a minor child or a petition for the award of custody of a minor child.

(13) The sum of $1 for the filing of a praecipe for the issuance of miscellaneous writs, for the filing of a petition for a citation or for the filing of a caveat not specifically provided for in this subsection.

(e) Counties of the second class A.--In counties of the second class A, the prothonotary, the register of wills and the clerk of the court shall set apart from the fees fixed in this subsection or under any other statute and collected by them on the following actions and proceedings and remit monthly the total collected to the county treasurer for the exclusive use and benefit of the public law library in the county if the county commissioners so request and in the amount they so request:

(1) The sum of not less than $5 nor more than $40 for the commencement of any civil action or proceeding.

(2) The sum of not less than $5 nor more than $40 for the probate of a will, the issuance of letters of administration or any petition for disposition of decedents estates independent of the issuance of letters testamentary or of administration.

(3) The sum of not less than $5 nor more than $40 for each misdemeanor or felony case processed by the clerk of courts.

Legislative History

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 14, 1992, P.L.872, No.140, eff. 60 days; Oct. 7, 1996, P.L.691, No.119, eff. 120 days; June 8, 2001, P.L.123, No.18, eff. July 1, 2001; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; July 7, 2006, P.L.378, No.81, eff. 7 days; July 7, 2011, P.L.207, No.30, eff. imd.) 2011 Amendment.Act 30 amended subsec. (c)(3)(ii). 2006 Amendment.Act 81 amended subsec. (c)(2) and added subsec. (c)(3), (4), (5) and (6). Section 5 of Act 81 provided that Act 81 shall apply to all actions instituted on or after the effective date of Act 81. 2004 Amendment.Act 207 amended subsec. (d)(2) and (4). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. 1992 Amendment.Act 140 repealed subsecs. (a) and (b) and added subsecs. (c), (d) and (e). Special Provisions in Appendix.See section 24 of Act 142 of 1976 in the appendix to this title for special provisions relating to financial matters. Cross References.Section 1725 is referred to in sections 1702, 1725.1, 1904, 3542, 3571 of this title.