1725 - Establishment of fees and charges.
§ 1725. Establishment of fees and charges. (a) General rule.--(Repealed). (b) Procedure.--(Repealed).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: Estate not exceeding $1,000............ $14.00 Each additional $1,000 or fraction thereof over $1,000, but not exceeding $10,000.................................... 7.00 Over $10,000, but not exceeding $25,000.................................... 140.00 Over $25,000, but not exceeding $100,000................................... 279.00 Over $100,000, but not exceeding $500,000................................... 419.00 Over $500,000, but not exceeding $1,000,000................................. 559.00 Each additional $500,000 or fraction thereof over $1,000,000.................... 300.00 (ii) The following fees shall be charged for the indicated activity or function: Affidavit.............................. $3.00 Appeal to Supreme Court................ 35.00 Attachment............................. 3.00 Auditor's report....................... 14.00 Bond................................... 7.00 Bond, refunding........................ 7.00 Claim of creditor...................... 7.00 Copy of any record, per page........... 3.00 Disclaimer............................. 7.00 Docket entries, per page............... 8.00 Election to take under or against will. 7.00 Exceptions to adjudication, opinion and decree or master's or auditor's report..... 14.00 Execution of deed by clerk............. 14.00 Excerpt from schedule and certification.............................. 7.00 Exemplification of any record.......... 7.00 Exemption, petition for................ 7.00 Family settlement: not exceeding three pages.......... 25.00 each additional page............... 6.00 Guardian, appointment of: not exceeding $2,500............... 14.00 exceeding $2,500................... 35.00 Inventory, guardian's.................. 3.00 Marriage license....................... 5.00 (Plus $10.00 surcharge for Commonwealth of Pennsylvania) Consent of parent or guardian.......... 3.00 Appointment of temporary guardian...... 3.00 Master's report........................ 13.00 Petition and decree.................... 14.00 Petition and decree for citation....... 28.00 Pleading (other than petition): answer to preliminary objections or exceptions............................. 7.00 Preliminary objections................. 14.00 Satisfaction of award, each............ 3.00 Short certificate...................... 3.00 Stipulation............................ 14.00 Subpoena............................... 3.00 (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: The filing of an appeal to the Supreme, Superior or the Commonwealth Court, including all services.......... $161.00 The filing of any other appeal, including, but not limited to, an appeal from an award in compulsory arbitration, an appeal from administrative agencies, petition for a writ of certiori, appeals from the Municipal Court, appeals from the Board of View and the Board of Revision of Taxes.................................. 86.00 (This appeal fee is exclusive of any jury listing fee set forth in this act. This fee does not include the costs of compensation of arbitrators. (See Pa.R.C.P. No.1308)) (ii) Certifications: Any certification or certificate... $27.00 Any exemplification................ 54.00 If the same involves more than one page, for each additional page......... 3.00 (A certificate or certification is defined as the authentication of any record by affixing the seal of the court. Includes letters rogatory and interrogatories to commissioners.) (iii) Commencement of actions: Commencement of any civil action... 172.00 (Commencement of action includes the institution of any civil action, divorce or adoption action by writ of summons, complaint, petition or report of intent to adopt, the filing of any partnership or association agreements or any billing pursuant to the Bulk Sale Act.) (iv) Automation maintenance fee: Parties - to be paid at time of commencement of action, appeal or defendant's first filing............... $5.00 Nonparty - providing docket entries for a nonparty per docket entry each... 5.00 The funds generated by this computer service charge shall be set aside by the prothonotary and remitted monthly to the First Judicial District procurement on behalf of the Court of Common Pleas of the First Judicial District. This fund shall be maintained in a dedicated account which shall be used for the development and implementation of effective and efficient automation within the Office of the Prothonotary as well as civil computer hardware, services and programs in the First Judicial District. (v) Custody: Custody, partial custody or visitation............................. $32.00 Respondent's first responsive filing................................. 16.00 Other motions and petitions - (See petitions and motions) Thirteen percent of the funds generated by the charge under this subparagraph shall be transmitted by the prothonotary to the Administrative Office to pay for the implementation of section 1904 (relating to availability of criminal charge information in child custody proceedings). (vi) Defendant's first filing: The filing by or on behalf of any defendant (or additional defendant) of an entry of appearance, answer, preliminary objections, writ to join (with entry of appearance) or complaint against additional defendant or any paper not otherwise provided for in this paragraph. A pleading, appearance or other paper not otherwise provided for in this act filed on behalf of more than one defendant shall require only one fee. The filing of separate initial pleadings by a defendant require a separate fee........................... $86.00 (vii) Divorce: Commencement of action - (See commencement of actions) Defendant's first filing - (See defendant's first filing) Other petitions and motions - (See petitions and motions) Praecipe to transmit:.............. $43.00 Motion for appointment of permanent master................... 322.00 (viii) Eminent domain: Commencement of action by declaration of taking or petition for a board of view - (See commencement of actions) (ix) (Deleted by amendment). (x) Judicial education fee........... $1.00 There shall be added to every commencement of action fee and defendant's first filing fee the additional sum of $1.00 for the purpose of providing funding for the continuing judicial education and training for members of the judiciary of the First Judicial District. The funds generated by this charge shall be set aside by the prothonotary and remitted monthly to the First Judicial District procurement to be maintained in a separate account and used for judicial education and training. (xi) Judgments: Judgment by confession or complaint in confession of judgment (See Pa.R.C.P. Nos.2950-2974)............... $54.00 Entry of judgment from other jurisdiction........................... 54.00 (xii) Liens and reimbursement agreements: The filing of any Federal tax lien, Commonwealth and municipal tax liens, mechanics' lien or waiver of mechanics' lien and any other lien not specifically covered under this act.... $21.00 (Mechanics' lien fee does not include commencement of action fee when complaint is filed.) (xiii) Petitions and motions: The filing of any petition or motion, excluding commencement of action (See commencement of actions)... $27.00 (xiv) Name search..................... $38.00 (xv) Subpoena: Issuance of subpoena as authorized by Pa.R.C.P. No.234.2.................. $5.00 Producing a record in response to subpoena based on four-hour service or fraction thereof....................... $43.00 Service beyond four hours, per hour or fraction thereof.................... 11.00 For each mile traveled (round trip) for service out of county.............. 00.365 (xvi) Trial listing/jury demand....... $161.00 (xvii) Record retention fee........... $1.00 A record retention fee shall be added to every motion or petition, excluding a motion or petition which constitutes an initial filing, the additional sum of $1.00 for the purpose of providing funding to establish and maintain a record retention program for the First Judicial District. The funds generated by this charge shall be set aside by the Prothonotary and remitted monthly to the First Judicial District procurement to be maintained in a separate account and used for record retention purposes. (xviii) Prothonotary automation development fee............................ $5.00 In addition to any other fee authorized by law, an automation fee may be charged and collected by the prothonotary upon initiation of any action or legal proceeding. The automation fee shall be deposited into a special prothonotary automation fund established for and maintained by the First Judicial District of Pennsylvania. Moneys deposited into the special prothonotary automation fund and any interest accrued thereon shall be used solely for the purpose of prothonotary automation, including automation updates. (xix) The prothonotary is authorized, with the approval of the President Judge, to establish fees for services required by statute or general rule which are not specifically provided for in this paragraph. Any fees so established shall be the same as those imposed for similar services. The prothonotary shall not be required to receive any paper or perform any service until the proper fee is paid. (xx) Refunds: There will be no refund of any amount less than $15. The jury fee when paid shall not be refunded. (xxi) (Deleted by amendment). (xxii) Special court administration fee........................................ $5.00 There shall be added to every commencement of action fee and defendant's first filing fee the additional sum of $5.00 for the purpose of providing funding for the administration of gun and zone courts in the First Judicial District. The funds generated by this charge shall be set aside by the prothonotary and remitted monthly to the First Judicial District special gun and zone court fund. The money in the fund and any interest accrued thereon shall be used solely for the purpose of administration of gun and zone courts. (xxiii) The fees enumerated in this paragraph shall be exclusive of any tax, law library surcharge or any other surcharge or assessment existing or hereafter levied. (3) The fees to be received by the prothonotary on behalf of the Philadelphia Municipal Court in civil actions shall be as follows: (i) Commencement of civil action $0 to $2,000..................................... $20.00 (ii) Commencement of civil actions $2,001 to $10,000.......................... $40.00 (iii) Commencement of landlord and tenant civil actions $0 to $2,000.......... $20.00 (iv) Commencement of landlord and tenant actions $2,001 to $10,000........... $40.00 (v) Commencement of landlord and tenant civil actions over $10,000.......... $60.00 (vi) Indexing......................... $5.00 (vii) Writ of possession.............. $4.00 (viii) Motions (petitions)............ $10.00 (ix) Additional defendant filing shall be same as initial filing (x) Counterclaim shall be same as initial filing (xi) Cross-claim shall be same as initial filing (xii) Setoffs shall be same as initial filing (xiii) Subpoena....................... $3.00 (xiv) Writ of revival................. $6.00 (xv) Record retention fee............. $1.00 There shall be added to every motion the additional sum of $1 for the purpose of providing funding for establishing and maintaining a record retention program for the First Judicial District. The funds generated by this charge shall be set aside by the prothonotary and remitted monthly to the First Judicial District procurement to be maintained in a separate account and used for record retention purposes. (xvi) Automation fee: (A) Initial pleading in all civil actions and landlord tenant actions.... $5.00 (B) All civil petitions and motions................................ $2.00 The funds generated by this automation fee shall be set aside by the prothonotary and remitted monthly to the First Judicial District. (xvii) The fees enumerated in this paragraph do not cover any costs for services performed by the sheriff or other writ server. Service of initial process shall be $27. All other fees of the sheriff or other writ server shall be in accordance with the sheriff's fee bill applicable to Philadelphia County. (xviii) The commencement of any action or proceeding as well as complaints and all writs shall be exempt from any library fee or taxes. (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: (i) Producing a record in response to a subpoena based on four-hour service or fraction thereof.....$43.00 (ii) Service beyond four hours, per hour or fraction thereof.............................................11.00 (iii) For each mile traveled (round trip) for service out of county..............................00.365 (6) (i) In counties of the first class, there shall be charged and set apart by the officers receiving the fees fixed under this section an amount equal to 20% of the filing fees at the time in effect for the probate of wills, the issue of letters testamentary, the issue of letters of administration and the filing of accounts with the register of wills, the filing of accounts of trustees and guardians, and of all filings in the office of the prothonotary of the court of common pleas of the county. (ii) The provisions of this paragraph shall not apply to any actions taken or initiated by any political subdivision. (iii) The funds set aside shall be remitted monthly to the First Judicial District and deposited into a family court facility fund, which is to be established and used by the First Judicial District to fund the lease, purchase and maintenance of appropriate family court facilities and for related purposes. (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. (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) 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 sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law. 1992 Amendment. Act 140 repealed subsecs. (a) and (b) and added subsecs. (c), (d) and (e). Cross References. Section 1725 is referred to in sections 1702, 1725.1, 1904, 3542, 3571 of this title.