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 Prothonotary; No. 10346 of 2020
[50 Pa.B. 7013]
[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 Prothonotary 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 Prothonotary as proposed in Exhibit ''A'' which follows hereto, and avers as follows in support thereof:
1. This Honorable Court has authority to increase the Prothonotary's fees pursuant to 42 P.S. § 21071.1.
2. Pursuant to 42 P.S. § 21071.1, the Prothonotary 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 Prothonotary has not raised its fees since January 1, 2016.
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 that do not exceed 4% follows hereto and marked as Exhibit ''A.''
8. The current fee bill follows hereto and 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. 10346 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
PROTHONOTARY'S FEE BILL
LUZERNE COUNTY Pursuant to ACT 98-164 of January 21, 1999, the following fees are fixed by the Prothonotary and effective:
EFFECTIVE: January 1, 2021 APPEALS: From the Court of Common Pleas to any Appellate Court . . . . . $68.00
Plus Appellate Court Fee (separate check) . . . . . $90.25
ARBITRATIONS: Where arbitration proceedings are processed by the
Prothonotary's Office ($50,000.00 Limit) . . . . . $61.25
APPEAL OF ARBITRATOR'S DECISION . . . . . $453.25
ASSIGNMENTS . . . . . $12.00
AUDITOR'S REPORT: (School, etc.) . . . . . $66.00
BUILDING AGREEMENTS: Stipulations . . . . . $30.50
Waivers . . . . . $30.50
CERTIFICATIONS:
Certifying copy of any paper—First Page . . . . . $8.75
Additional pages . . . . . $4.50
Certification of Notary Public, Justice of Peace, Motor Vehicle or similar paper . . . . . $6.50
CERTIFICATION OF TRIAL READINESS . . . . . $11.00
COMMENCEMENT OF ACTIONS (by Summons, Petition or Complaint):
Civil Actions, Declaration of Taking, Equity, Lis Pendens, Name Change, Mortgage Foreclosure, Quiet Title,
Minors Compromise Settlement, Petition to Open/Strike Judgment, Suspension of Motor Vehicle, Tax Assessment
Appeal, Transfers from Other Jurisdictions, Notice of Appeal from Magistrate, Appeal from Zoning Hearing
Board, Miscellaneous . . . . . $170.75Statement of Objection: (Magistrate) . . . . . $66.50
PFA . . . . . $135.50
PFA State surcharge . . . . . $100.00
COPIES: (Made by customer) . . . . . ¢0.50
COPIES: (Made by employees) . . . . . $2.25
DECLARATORY JUDGMENT . . . . . $183.75
DECREES: (Entry of any decree which is final) . . . . . $14.00
DISCONTINUANCE: (On any case filed before January 3, 2005) . . . . . $12.00
DIVORCE ACTION: (basic no-fault) . . . . . $181.75
(Add $43.50 for each count after the first)
DIVORCE COUNTER CLAIM: (Additional Count) . . . . . $43.50
DIVORCE: (Additional Count of Custody) . . . . . $44.00
Special Note:
The AOPC has informed us that effective January 1, 2019, $8.50 is to be collected on all custody case filings. The
fee is the result of Act 119 of 1996 (commonly referred to as the Jen and Dave fee). The purpose of the fee is to
fund a new automated system to make criminal charge information available to parties involved in custody cases.CUSTODY ACTION . . . . . $179.75
EXECUTIONS: Money Judgment, Mortgage Foreclosure & Municipal . . . . . $34.75
Possession, Writ of . . . . . $34.75
Attachment . . . . . $34.75
Seizure, Writ of . . . . . $34.75
Judgment (Out of County Execution) . . . . . $16.50
EXEMPLIFICATION OF RECORDS . . . . . $23.50
FAX: Long Distance . . . . . (per page) . . . . . $3.00
Local . . . . . (per page) . . . . . $3.00
FINANCIAL STATEMENT . . . . . $28.25
JUDGMENTS: Complaint in Confession of Judgment . . . . . $143.50
New Filing: Entry of any Judgment or Decree, which is final whether by Agreement, Demurrer, Non
Pros, or Preliminary Objection or Motion on Verdict of Award, by Court Order, Finding Opinion, Default, Etc. . . . . . $22.25Notes (DSB) . . . . . $39.25
Transfer of Judgment from other Counties . . . . . $39.25
Transcripts J.P. or Magistrates . . . . . $31.50
LIENS:
Municipal . . . . . $38.75
Mechanics . . . . . $38.75
Federal . . . . . $38.75
Flood Protection Authority Lien . . . . . $39.25
Commonwealth . . . . . $39.25
MASTERS FEE:
Moving Party . . . . . $400.00
Responding Party . . . . . $400.00
NOTARY PUBLIC: Registration of Signature of Notary Public . . . . . $4.75
NOTICE TO RETAKE MAIDEN NAME . . . . . $11.00
NOTICE TO RESUME PRIOR SURNAME . . . . . $21.75
POUNDAGE: For handling of money put into Court:
For each dollar of the first $1,000.00 . . . . . ¢0.45
For each additional dollar over $1,000.00 . . . . . ¢0.15
PRAECIPE TO DISSOLVE ATTACHMENT . . . . . $13.00
PRAECIPE FOR LIS PENDENS: (Subsequent filing) . . . . . $27.25
PRAECIPE TO REISSUE WRIT OR REINSTATE COMPLAINT . . . . . $6.50
PRAECIPE TO TRANSMIT RECORD . . . . . $47.25
RECORDING: Filing any paper, account of document required by law to be recorded, not otherwise provided
for or included herein . . . . . $12.00REVIVALS: Reviving the lien of any Judgment by Amicable Proceedings . . . . . $22.25
Reviving the lien of any Judgment by Adverse Proceedings . . . . . $34.75
PRELEASE OF JUDGMENT . . . . . $8.00
RETURN CHECK CHARGE . . . . . $35.00
SUBPOENA (under seal) Each . . . . . $5.50
SATISFACTION:
On any case filed before January 3, 2005 . . . . . $12.00
Commonwealth Satisfaction on any case filed before January 3, 2005 . . . . . $12.00
Federal Lien Release . . . . . $12.00
Clerk of Courts Satisfaction . . . . . $39.25
SEARCH: Five Years . . . . . $27.25
Each Additional Year . . . . . $5.50
Naturalization Search (Per Person) . . . . . $27.25
WRIT OF CERTIORARI . . . . . $134.75
Exhibit B
PROTHONOTARY'S FEE BILL
LUZERNE COUNTY Pursuant to ACT 98-164 of January 21, 1999, the following fees are fixed by the Prothonotary and effective:
EFFECTIVE JANUARY 1, 2016
Re-Issued December 1, 2017 (Per AOPC)
Re-Issued January 1, 2018 (Master's Fee)
Re-Issued January 1, 2019 (Custody Fee, Jen and Dave)
Re-issued 2020 (Master's Fee to $400.00) APPEALS: From the Court of Common Pleas to any Appellate Court . . . . . $65.50
Plus Appellate Court Fee (separate check) . . . . . $90.25
As of 11-30-2017 per AOPC
ARBITRATIONS: Where arbitration proceedings are processed by the Prothonotary's Office ($50,000.00 Limit) . . . . . $59.00
APPEAL OF ARBITRATOR'S DECISION . . . . . $435.75
ASSIGNMENTS . . . . . $11.50
AUDITOR'S REPORT: (School, etc.) . . . . . $63.50
As of 11-30-2017 per AOPC
BUILDING AGREEMENTS: Stipulations . . . . . $29.25
Waivers . . . . . $29.25
CERTIFICATIONS:
Certifying copy of any paper—First Page . . . . . $8.50
Additional pages . . . . . $4.25
Certification of Notary Public, Justice of Peace, Motor Vehicle or similar paper . . . . . $6.25
CERTIFICATION OF TRIAL READINESS . . . . . $10.50
COMMENCEMENT OF ACTIONS (by Summons, Petition or Complaint):
Civil Actions, Declaration of Taking, Equity, Lis Pendens, Name Change, Mortgage Foreclosure, Quiet Title,
Minors Compromise Settlement, Petition to Open/Strike Judgment, Suspension of Motor Vehicle, Tax Assessment
Appeal, Transfers from Other Jurisdictions, Notice of Appeal from Magistrate, Appeal from Zoning Hearing
Board, Miscellaneous . . . . . $164.25As of 11-30-2017 per AOPC
Statement of Objection: (Magistrate) . . . . . $64.00
As of 11-30-2017 per AOPC
PFA . . . . . $130.25
As of 11-30-2017 per AOPC
PFA State surcharge . . . . . $100.00
COPIES: (Made by customer) . . . . . ¢0.50
COPIES: (Made by employees) . . . . . $2.25
DECLARATORY JUDGMENT . . . . . $176.75
As of 11-30-2017 per AOPC
DECREES: (Entry of any decree which is final) . . . . . $13.50
DISCONTINUANCE: (On any case filed before January 3, 2005) . . . . . $11.50
DIVORCE ACTION: (basic no-fault) . . . . . $174.75
(Add $41.75 for each count after the first) As of 11-30-2017 per AOPC
DIVORCE COUNTER CLAIM: (Additional Count) . . . . . $41.75
As of 11-30-2017 per AOPC
DIVORCE COUNTER CLAIM: (Additional Count of Custody) . . . . . $42.25
As of 1-1-2019 per AOPC
Special Note:
*The AOPC has informed us that effective January 1, 2019 $8.50 is to be collected on all custody case filings. The fee is the result of Act 119 of 1996 (commonly referred to as the Jen and Dave fee). The purpose of the fee is to fund a new automated system to make criminal charge information available to parties involved in custody cases.
CUSTODY ACTION . . . . . $172.75*
As of 1-1-2019 per AOPC
EXECUTIONS: Money Judgment, Mortgage Foreclosure & Municipal . . . . . $33.50
Possession, Writ of . . . . . $33.50
Attachment . . . . . $33.50
Seizure, Writ of . . . . . $33.50
Judgment (Out of County Execution) . . . . . $15.75
EXEMPLIFICATION OF RECORDS . . . . . $22.50
FAX: Long Distance . . . . . (per page) . . . . . $3.00
Local . . . . . (per page) . . . . . $3.00
FINANCIAL STATEMENT . . . . . $27.25
JUDGMENTS: Complaint in Confession of Judgment . . . . . $138.00
New Filing: Entry of any Judgment or Decree, which is final whether by Agreement, Demurrer, Non
Pros, or Preliminary Objection or Motion on Verdict of Award, by Court Order, Finding Opinion, Default, Etc. . . . . . $21.50Notes (DSB) . . . . . $37.75
Transfer of Judgment from other Counties . . . . . $37.75
Transcripts J.P. or Magistrates . . . . . $30.25
LIENS:
Municipal . . . . . $37.25
Mechanics . . . . . $37.25
Federal . . . . . $37.25
Flood Protection Authority Lien . . . . . $37.75
Commonwealth . . . . . $37.75
MASTERS FEE:
Moving Party . . . . . $200.00
Responding Party . . . . . $200.00
As of 1-1-2018 Local Rule 1920-51 #12036 of 2017
NOTARY PUBLIC: Registration of Signature of Notary Public . . . . . $4.50
NOTICE TO RETAKE MAIDEN NAME . . . . . $10.50
NOTICE TO RESUME PRIOR SURNAME . . . . . $21.00
POUNDAGE: For handling of money put into Court:
For each dollar of the first $1,000.00 . . . . . ¢0.45
For each additional dollar over $1,000.00 . . . . . ¢0.15
PRAECIPE TO DISSOLVE ATTACHMENT . . . . . $12.50
PRAECIPE FOR LIS PENDENS: (Subsequent filing) . . . . . $26.25
PRAECIPE TO REISSUE WRIT OR REINSTATE COMPLAINT . . . . . $6.25
PRAECIPE TO TRANSMIT RECORD . . . . . $45.50
RECORDING: Filing any paper, account of document required by law to be recorded, not otherwise provided
for or included herein . . . . . $11.50REVIVALS: Reviving the lien of any Judgment by Amicable Proceedings . . . . . $21.50
Reviving the lien of any Judgment by Adverse Proceedings . . . . . $33.50
RELEASE OF JUDGMENT . . . . . $7.75
RETURN CHECK CHARGE . . . . . $35.00
SUBPOENA (under seal) Each . . . . . $5.25
SATISFACTION:
On any case filed before January 3, 2005 . . . . . $11.50
Commonwealth Satisfaction on any case filed before January 3, 2005 . . . . . $11.50
Federal Lien Release . . . . . $11.50
Clerk of Courts Satisfaction . . . . . $37.75
SEARCH: Five Years . . . . . $26.25
Each Additional Year . . . . . $5.25
Naturalization Search (Per Person) . . . . . $26.25
WRIT OF CERTIORARI . . . . . $129.50
[Pa.B. Doc. No. 20-1736. Filed for public inspection December 11, 2020, 9:00 a.m.]
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