§ 7161. Fees
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 44 Pa.C.S.A. Law and JusticeEffective: December 8, 2009
Effective: December 8, 2009
44 Pa.C.S.A. § 7161
§ 7161. Fees
(c) Additional persons.--A constable or deputy constable when he is transporting a prisoner, serving a felony or misdemeanor warrant or serving a warrant on a juvenile or a defendant of the opposite sex may, at his discretion, be accompanied by a second constable or deputy constable who is certified under section 7147 (relating to automatic certification)1 to perform judicial duties. In those cases, each officer shall receive the fee set out in this section. In all other civil, landlord-tenant and summary criminal cases, the issuing authority may authorize payment to a second officer.
(d) Civil and landlord-tenant cases.--In civil and landlord-tenant cases, constable fees must be paid in advance to the court for services desired to be performed. These fees shall not be refundable to the plaintiff if a case is settled or a debt is satisfied less than 48 hours prior to a scheduled sale or ejectment. In the latter case, the constable or deputy constable shall be paid for holding the sale or carrying out an ejectment, respectively.
(e) Payment.--All civil, landlord-tenant and criminal fees shall be paid by the court to the constable as soon as possible and in no case not more than 15 days in civil and landlord-tenant cases and 30 days in criminal cases after the service is performed and a proper request for payment is submitted, provided that, in criminal cases where the books and accounts of the relevant county offices are payable on a monthly basis, payment shall be made not more than 15 days after the close of the month.
(9) Transporting each nonincarcerated defendant to jail, $17, plus mileage; transporting an incarcerated prisoner, $38 per prisoner, plus an hourly rate of $13 per hour, plus mileage. Computation of hourly rate will apply after the expiration of the first hour per prisoner per hour, not to exceed $26 per hour per constable.
(16) In all criminal cases wherein the defendant is discharged or indigent or the case is otherwise dismissed, the court shall assess to the county the fee provided in this section, except that, in cases of private criminal complaints where the defendant is discharged prior to the indictment or the filing of any information or the case is otherwise dismissed at the summary offense hearing, the court shall assess the fee to the affiant.
(h) Subpoenas.--For serving district court-issued subpoenas for civil, landlord-tenant or criminal matters, $13 for first witness, plus $5 for each additional witness at the same address, $2.50 return of service for each subpoena, plus mileage. The same fee shall be payable for attempting to serve a subpoena at a wrong address supplied by the party requesting the service.
2009, Oct. 9, P.L. 494, No. 49, § 2, effective in 60 days [Dec. 8, 2009].
See former 42 Pa.C.S.A. § 2947. 44 Pa.C.S.A. § 7147 has not yet been enacted.
44 Pa.C.S.A. § 7161, PA ST 44 Pa.C.S.A. § 7161
Current through 2021 Regular Session Act 90. Some statute sections may be more current, see credits for details.
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