THE COURTS
Title 255—LOCAL COURT RULES
LUZERNE COUNTY
Request to Increase Fees of that Section of the Division of Judicial Services and Records, Formerly Referred to as the Office of the Clerk of Courts; No. 10347 of 2020
[50 Pa.B. 7011]
[Saturday, December 12, 2020]
Petition of Joan Hoggarth, Director of Judicial Services and Records of Luzerne County, to Increase the Fees of that Section of the Division of Judicial Services and Records, Formerly Referred to as the Office of the Clerk of Courts Joan Hoggarth, Director of Judicial Services and Records of Luzerne County, through her counsel, Romilda P. Crocamo, Esquire, Chief Solicitor for Luzerne County Office of Law, respectfully requests this Honorable Court increase the fees of that section of the Division of Judicial Services and Records formerly referred to as the Office of the Clerk of Courts, as proposed in Exhibit ''A'' which follows hereto, and avers as follows in support thereof:
1. This Honorable Court has authority to increase the Clerk of Courts' fees pursuant to 42 P.S. § 21071.1.
2. Pursuant to 42 P.S. § 21071.1, the Clerk of Courts has the right to petition for an increase in fees every three years provided that the amount of the increase is not greater than the percentage of the increase in the Consumer Price Index for Urban Workers for three years immediately preceding the last increase. 42 P.S. § 21071.1.
3. The Luzerne County Clerk of Courts has not raised its fees since January 1, 2017.
4. Section 12.04 of Luzerne County's Home Rule Charter, effective January 1, 2012, eliminated the Elective Office of the Prothonotary.
5. Section 12.07(E) provides, as follows: ''The Division of Judicial Services and Records shall be responsible for: the services and functions that prior to the effective date of this Charter were performed by the Clerk of Courts, Coroner, Prothonotary, Recorder of Deeds, Register of Wills, and Sheriff, and any other powers, duties, programs, services, or functions that may be assigned by the Administrative Code.'' Emphasis added.
6. Joan Hoggarth is the duly appointed Director of Judicial Services and Records of Luzerne County.
7. The proposed fee bill with proposed increases follows hereto and is marked as Exhibit ''A.''
8. The current fee bill follows hereto and is marked as Exhibit ''B.''
9. It is believed and therefore averred that the proposed percentage increase is within the range authorized by 42 P.S. § 21071.1 in that it does not exceed the percentage of the increase in the Consumer Price Index for Urban Workers for three years immediately preceding the last increase, i.e., November 1, 2011.
Wherefore, Joan Hoggarth, Director of Judicial Services and Records of Luzerne County, through her counsel, respectfully requests this Honorable Court, pursuant to 42 P.S. § 21071.1, approve the fees as set forth in Exhibit ''A'' effective January 1, 2021.
Respectfully submitted,
Romilda P. Crocamo, Esquire
Chief Solicitor
Luzerne County Office of Law
VERIFICATION I, JOAN HOGGARTH, Director of Judicial Services and Records of Luzerne County, verify that the statements made in the foregoing PETITION are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 P.A.C.S. Section 4904, relating to unsworn falsification to authorities.
DATE: _____ _________________
JOAN HOGGARTH
Director of Judicial Services and
Records of Luzerne County
Joan Hoggarth, Director of Judicial Services and Records of Luzerne County Request to Increase Fees of that Section of the Division of Judicial Services and Records, Formerly Referred to as the Office of the Prothonotary; No. 10347 of 2020
Order And Now, this 10th day of November, 2020, upon review and consideration of the Petition of Joan Hoggarth, Director of Judicial Services and Records of Luzerne County to Increase the Fees of that section of the Division of Judicial Services and Records, formerly referred to as the Office of the Prothonotary, and pursuant to 42 P.S. § 21071.1., which authorizes the Prothonotary to increase fees consistent with the percentage of increase in the Consumer Price Index for Urban Workers for the immediate three year period preceding the last increase, the Court takes judicial notice that the proposed increase in fees of 5% or less is within the stated percentage increase.
It is therefore hereby Ordered and Decreed that the Court approves the increases in the fee schedule for that section of the Division of Judicial Services and Records, formerly referred to as the Office of the Prothonotary, effective January 1, 2021, as per the Prothonotary Fee Schedule follows hereto and marked as Exhibit ''A.'' The Director of Judicial Services and Records of Luzerne County is hereby directed to file this Order and this Order shall be published on the Luzerne County website and in the Luzerne County Legal Register and Pennsylvania Bulletin.
By the Court
HONORABLE MICHAEL VOUGH,
President Judge
Exhibit A
Luzerne County—Clerk of Courts Fees
Effective January 1, 2021 Appeal Processing for Clerk of Courts ($58.50 + $5.00 automation fee) . . . . . $64.75
Appeal Processing for Superior Court . . . . . $90.25
Superior Court Raised Fee as of 11-1-17 (Per AOPC)
Appointment to Fill Vacancy of Office . . . . . $17.75
ARD Dismissal Rule 319 ($17.50 + $5.00 automation fee) . . . . . $23.00
Bail Bondsmen renewal . . . . . $10.25
Certifications . . . . . $8.75
Civil Judgment Satisfaction ($17.50 + $5.00 automation fee) . . . . . $23.00
Constable Deputy and Constable Bonds . . . . . $17.75
Copies . . . . . ¢0.50
Detective License Applications (Incorporated) . . . . . $434.00
Detective License Applications (Individual) . . . . . $326.00
Expungements Rule 320 ($17.50 + $5.00 automation fee) . . . . . $23.00
Expungement Fee Under Pa.C.S. Section 1725.7 (Act 5) . . . . . $132.00
Filing Petition & Order ($17.50 + $5.00 automation fee) . . . . . $23.00
Filing of Orders/Motions (2nd Filing) . . . . . $8.75
Filings of Resolutions/Ordinances . . . . . $18.00
Filing of Tax Collector's Bonds . . . . . $11.75
Limited Access ($18.00 + $5.00 automation fee) . . . . . $23.00
Liquor License Appeals . . . . . $24.00
Microfilm Copies . . . . . $1.50
Motion & Order (All Nolle Prose) . . . . . $23.50
Poundage on Bail . . . . . 3% on the first thousand, 1% on the balance . . . . .
Processing all Misc. or Felony Cases During or After Trial . . . . . $148.50
Processing all Misc. of Felony Cases During or Before Trial . . . . . $83.25
Record Checks (Per Individual) . . . . . $17.75
Short Certificate . . . . . $8.25
Subpoenas . . . . . $3.50
Summary Appeal ($48.00 + $5.00 automation fee) . . . . . $53.00
Writ of Habeas Corpus Petitions ($59.50 + $5.00 automation fee) . . . . . $64.75
Case Assessments: (Applied by Probation)
Administrative Fee on MD Numbers ($41.00 + $5.00 automation fee) . . . . . $46.00
Clerk of Courts Filing Fee ($122.50 + $5.00 automation fee) . . . . . $127.50
Luzerne County cost each additional count . . . . . $26.50
Exhibit B
Luzerne County—Clerk of Courts Fees
Effective January 1, 2017
RE-ISSUED November 1, 2017 (Per AOPC) Appeal Processing for Clerk of Courts ($58.50 + $5.00 automation fee) . . . . . $63.50
Appeal Processing for Superior Court . . . . . $85.50
Appointment to Fill Vacancy of Office . . . . . $17.50
ARD Dismissal Rule 319 ($17.50 + $5.00 automation fee) . . . . . $22.50
Certifications . . . . . $8.50
Civil Judgment Satisfaction ($17.50 + $5.00 automation fee) . . . . . $22.50
Constable Deputy and Constable Bonds . . . . . $17.50
Copies . . . . . $.50
Detective License Applications (Incorporated) . . . . . $425.50
Detective License Applications (Individual) . . . . . $319.50
Expungements Rule 320 ($17.50 + $5.00 automation fee) . . . . . $22.50
Expungement Fee under Pa.C.S. Section 1725.7 (Act 5) . . . . . $132.00
Filing Petition & Order ($17.50 + $5.00 automation fee) . . . . . $22.50
Filing of Orders/Motions (2nd Filing) . . . . . $8.50
Filing of Resolutions/Ordinances . . . . . $17.50
Filing of Tax Collector's Bonds . . . . . $11.50
Liquor License Appeals . . . . . $23.50
Microfilm Copies . . . . . $1.50
Motion & Order (all nolle prose) . . . . . $23.00
Poundage on Bail . . . . . 3% on the first thousand, 1% on the balance . . . . .
Processing all Misc. or Felony Cases During or After Trial . . . . . $145.50
Processing all Misc. or Felony Cases During or Before Trial . . . . . $81.50
Record checks (per individual) . . . . . $17.50
Short Certificate . . . . . $8.00
Subpoenas . . . . . $3.25
Summary Appeal ($47.00 + $5.00 automation fee) . . . . . $52.00
Writ of Habeas Corpus Petitions ($58.50 + $5.00 automation fee) . . . . . $63.50
Case Assessments: (Applied by Probation)
Administrative Fee on MD Numbers ($40.00 + $5.00 automation fee) . . . . . $45.00
Clerk of Courts Filing Fee ($120.00 + $5.00 automation fee) . . . . . $125.00
[Pa.B. Doc. No. 20-1735. Filed for public inspection December 11, 2020, 9:00 a.m.]
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