2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 17 - Governance of the System › Section 1725.1 - Costs

§ 1725.1. Costs.
(a) Civil cases.--
Subject to subsection (f), the costs to be charged by magisterial district judges in every civil case, except as otherwise provided in this section, shall be as follows:
(1) Actions involving $500 or less
$30.00
(2) Actions involving more than $500 but not more than $2,000
$40.00
(3) Actions involving more than $2,000 but not more than $4,000
$50.00
(4) Actions involving more than $4,000 but not more than $12,000
$75.00
(5) Landlord-tenant actions involving less than $2,000
$45.00
(6) Landlord-tenant actions involving more than $2,000 but not more than $4,000
$55.00
(7) Landlord-tenant actions involving more than $4,000 but not more than $12,000
$75.00
(8) Order of execution
$22.50
(9) Objection to levy
$10.00
(10) Reinstatement of complaint
$ 5.00
Such costs shall include all charges except the costs of a magisterial district judge's transcript of every proceeding on appeal or certiorari (including affidavit and certificate) which shall be $2.50 per transcript. Said costs shall not include, however, the cost of postage and registered mail which shall be borne by the plaintiff.
(a.1) Custody cases.--
Except as provided in section 1725(c)(2)(v) (relating to establishment of fees and charges) and subject to subsection (f), in a custody case, the court of common pleas shall, in addition to the cost provided by general rule, assess a cost of $5.00. Eighty percent of the funds generated by the charge under this subsection 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).
(b) Criminal cases.--
Subject to subsection (f), the costs to be charged by the minor judiciary or by the court of common pleas where appropriate in every criminal case, except as otherwise provided in this section, shall be as follows:
(1) Summary conviction, except motor vehicle cases
$28.50
(2) Summary conviction, motor vehicles cases, other than paragraph (3)
$22.50
(3) Summary conviction, motor vehicle cases, hearing demanded
$27.50
(4) Misdemeanor
$32.50
(5) Felony
$37.50
Such costs shall include all charges including the costs of giving a magisterial district judge's transcript to the prosecutor or defendant, or both, if requested. Such costs shall not include, however, the cost of postage and registered mail which shall be paid by the defendant upon conviction.
(c) Unclassified costs or charges.--
Subject to subsection (f), the costs to be charged by the minor judiciary in the following instances not readily classifiable shall be as follows:
(1) Entering transcript of judgment from another member of the minor judiciary
$ 5.00
(2) Marrying each couple, making record thereof, and certificate to the parties
$25.00
(3) Granting emergency relief pursuant to 23 Pa.C.S. Ch. 61 (relating to protection from abuse)
$10.00
(4) Issuing a search warrant (except as provided in subsection (d))
$10.00
(5) Any other issuance not otherwise provided for in this subsection
$10.00
(d) Search warrants.--
In every case where a search warrant is requested by a police officer, constable or other peace officer engaged as such in the employ or service of the Commonwealth or any of its political subdivisions, no cost or charge shall be assessed against such officer, the Commonwealth or political subdivision for the issuance of such search warrant.
(e) Fish and boating offenses.--
(1) Except as provided in paragraph (2), any person convicted of a summary offense under Title 30 (relating to fish) shall, in addition to the fine imposed, be sentenced to pay $10 as costs of the issuing authority which costs shall include all charges including, when called for, the costs of postage and registered or certified mail and the costs of giving a transcript to the prosecutor or defendant, or both, if requested.
(2) Where the person charged with a summary offense under Title 30 demands a hearing, the costs of the issuing authority shall be $15, which costs shall include all charges including the charges specified in paragraph (1).
(f) Annual increase in costs.--
(1) Except as provided in paragraph (2), beginning on January 1, 1994, and each January 1 thereafter, the costs under subsections (a), (b) and (c) shall be increased by the percentage of increase in the Consumer Price Index for Urban Workers for the immediate preceding calendar year which shall be published in the Pennsylvania Bulletin annually by the Supreme Court on or before the preceding November 30. This subsection shall expire January 1, 2025.
(2) For the cost increase to be effective for calendar year 2002 only, the costs under subsections (a), (b) and (c) shall be increased by the percentage of increase in the Consumer Price Index for Urban Workers for calendar year 2000 which shall be published by the Supreme Court in the Pennsylvania Bulletin as soon as possible after enactment. The increase for calendar year 2002 only shall be effective one month after publication in the Pennsylvania Bulletin.
(July 20, 1979, P.L.157, No.52, eff. 60 days; July 10, 1980, P.L.513, No.106, eff. imd.; Dec. 13, 1982, P.L.1141, No.260, eff. Jan 1, 1983; Dec. 20, 1982 P.L.1409, No.326, eff. 60 days; Dec. 19, 1990, P.L.1240, No.206, eff. 90 days; Dec. 18, 1992, P.L.1269, No.167, eff. imd.; Oct. 7, 1996, P.L.691, No.119, eff. 120 days; Dec. 17, 2001, P.L.944, No.113, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 27, 2010, P.L.949, No.96, eff. 60 days; July 7, 2011, P.L.207, No.30, eff. imd.)
2011
Amendment
.
Act 30 amended subsec. (a)(4) and (7).
2010 Amendment.
Act 96 reenacted and amended subsec. (f)(1). Section 4(1) of Act 96 provided that the reenactment and amendment of subsec. (f)(1) shall apply to costs imposed on or after the effective date of section 4(1).
2004 Amendment.
Act 207 amended subsecs. (a) and (b). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
2001 Amendment.
Act 113 reenacted and amended the entire section, retroactive to January 1, 2001.
1992 Amendment.
See sections 5 and 6 of Act 167 in the appendix to this title for special provisions relating to increases in court costs and revision of official revenue estimate.
Cross References.
Section 1725.1 is referred to in sections 1725.2, 1904, 3571 of this title; section 925 of Title 34 (Game); sections 3111, 4309, 4581 of Title 75 (Vehicles).