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 Register of Wills/Clerk of Orphans Court; No. 10345 of 2020
[50 Pa.B. 7018]
[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 Register of Wills/Clerk of Orphans Court 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 Register of Wills/Clerk of Orphans Court as proposed in Exhibit ''A'' which is attached hereto, and avers as follows in support thereof:
1. This Honorable Court has authority to increase the Office of the Register of Will/Clerk of Orphan Court's fees pursuant to 42 P.S. § 21022.1.
2. Pursuant to 42 P.S. § 21022.1, in third class counties, the register of wills may establish, increase, decrease, modify or eliminate fees and charges with the approval of the President Judge. Thereafter, such fees and charges shall be established, increased, decreased, modified or eliminated as determined by the register of wills and the President Judge. Id.
3. The Luzerne County Office of the Register of Will/Clerk of Orphan Court has not raised its fees since April 1, 2010 and that increase only involved a few documents.
4. Section 12.04 of Luzerne County's Home Rule Charter, effective January 1, 2012, eliminated the Elective Office of the Office of the Register of Wills/Clerk of Orphan Court.
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 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 pursuant to 42 P.S., with the approval of the President Judge.
10. 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. § 21022.1, 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 Register of Wills/Clerk of Orphans Court; No. 10345 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 Register of Wills/Clerk of Orphans Court, and pursuant to 42 P.S. § 21022.1, which authorizes the register of wills to increase fees and charges with the approval of the President Judge.
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 Register of Wills/Clerk of Orphans Court, effective January 1, 2021, as per the Register of Wills/Clerk of Orphans Court 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 T. VOUGH,
President Judge
Exhibit A
Register of Wills/Clerk of Orphans Court Fee Schedule—Effective January 1, 2021 Accounts—(See Table) $15.00 Account (No Balance for Distribution) Adoptions (See Table) $10.00 Answer/Reply filing $35.00 Appeal to Orphans' Court $100.00
$85.50Appeal to Superior/Supreme Court
SEPARATE CHECK payable to 'Superior Court of Pennsylvania'$5.00 Appearance/Withdrawal $10.00 Automation Fee (First Filings)* $20.00 Bond (Performance) $30.00 Brief $10.00 Award of Real Estate $10.00 Caveat Informal/Formal with Bond $5.00 Certificate Testamentary/Administration/Guardian/Trustee/Testamentary Guardian $2.00 Certified Copy by office staff only $2.00 Certificate Update $25.00 Certified Birth or Death Certificate or Marriage License $10.00 Claims $50.00 Commissions Fee $0.50 Copy per page in office if made by customer. The fee for staff made copies is higher. $10.00 Discharge of Executor/Administrator—Petition and Order $10.00 Exceptions to Adjudication $50.00
$100.25Exemplified Copy of Record Preparation
Exemplified Copy of Record Filing***Family Settlement Agreement (See Table) Guardianship*** (See Table) $25.00 Inheritance Tax Certification $25.00 Inheritance Tax Return (If no file number add Automation Fee $10) Supplemental—$5.00 $10.00 Inventory (first page)
Each additional page $3.00$40.25 JCS/ATJ/CJEA—State Fee. Imposed on the initial/first filing of a Petition in the Register of Wills/Clerk of The Orphan's Court, including but not limited to: Petition for Grant of Letters, Petition for Citation, Small Estate Petition, Petition for Adoption, Petition for Termination and Petition for Appointment of Guardian.** Letters Testamentary/ Administration (See Table) $25.00 Letters of Administration DBN or DBNCTA $50.00 Marriage License (Cash only) $25.00 Motion for a teleconference for a marriage license application for an incarcerated party $15.00 Objections $50.00 Petitions with existing File Number $10.00 Praecipe $10.00 Receipt and Release/Disclaimer/Assignment (per name) $10.00 Renunciation $35.00 Returned Check $10.00 Satisfaction of Claim $10.00 Stipulation $30.00 Search Fee for any purpose $20.00 Will (Probate Only)* $50.00*** Small Estate Petition *** Add Automation Fee ($10) JCS/ ATJ/ CJEA Fee $40.25 Family Settlement Agreement $15.00
$35.00
$60.00
$100.00
$150.00
$250.00
$50.00
Fee is based on the amount of Gross Probate Estate
Not exceeding $25,000 Gross Estate
$25,001 to $50,000 Gross Estate
$50,001 to $75,000 Gross Estate
$75,001 to $100,000 Gross Estate
$100,001 to $200,000 Gross Estate
$200,001 to $400,000 Gross Estate Each additional $200,000 or part thereof
Letters Testamentary/Letters of Administration $50.00 Estates not exceeding $10,000 Pre-Paid Fees at time of Probate $85.00 Over $10,000 but not exceeding $25,000 Automation Fee $10.00 $120.00 Over $25,000 but not exceeding $50,000 JCS/ATJ/CJEA Fee $40.25 $155.00 Over $50,000 but not exceeding $75,000 Inheritance Tax Return $25.00 $190.00 Over $75,000 but not exceeding $100,000 Inventory $10.00 $260.00 Over $100,000 but not exceeding $200,000 Renunciation (if needed) $10.00 $500.00 Over $200,000 but not exceeding $500,000 Short Certificate (Each) $5.00 $1,000.00 Over $500,000 but not exceeding $1,000,000 $2,000.00 Over $1,000,000 but not exceeding $2,000,000 $200.00 Each additional sum of $1,000,000 or part thereof Note: Additional Probate Fee: Probate fees shown on this fee bill are subject to final appraisement. Miscellaneous Documents and Graduated Fees
PETITION FOR ADJUDICATION based on Balance for Distribution includes Risk Distribution
$10.00 Not exceeding $500.00 $20.00 $501 to $5,000 $45.00 $5,001 to $10,000 $75.00 $10,001 to $20,000 $100.00 $20,001 to $50,000 $200.00 $50,001 to $100,000 $325.00 $100,001 to $250,000 $400.00 $250,001 to $500,000 $250.00 Each additional $500,000 or part thereof Note: ACCOUNTS Filed concurrently with Petition for Adjudication. First page $100 each additional page $1.00 Adoptions: Counseling Fee $75.00 (Separate check filed with Petition) Petition for Adoption w/number $150.00 Petition for Adoption w/o number $200.25 Termination of Parental Rights $60.25 (Voluntary and Involuntary) Guardianship of Incapacitated Person:*** Petition for Appointment $50.00 Report of Guardian (Estate only) $15.00 Report of Guardian (Person) 0 Instruments not specifically listed will be charged at a rate comparable to this schedule for a like instrument as determined by the Register. Please use approved forms available at AOPC Website (www.pacourts.us) For other miscellaneous documents not listed here, please call the office at 570-825-1555 or 570-825-1672. EFFECTIVE January 1, 2021
Exhibit B
Register of Wills/Clerk of Orphans Court Fee Schedule
Accounts—(See Table) $15.00 Account (No Balance for Distribution) Adoptions (See Table) $10.00 Answer filing $35.00 Appeal to Orphans' Court $100.00
$85.50Appeal to Superior/Supreme Court
SEPARATE CHECK payable to 'Superior Court of Pennsylvania'$5.00 Appearance / Withdrawal $10.00 Automation Fee (First Filings)* $20.00 Bond (Performance) $10.00 Award of Real Estate $10.00 Caveat Informal/Formal with Bond $5.00 Certificate Testamentary/Administration/Guardian/Trustee/Testamentary Guardian $2.00 Certified Copy (if Copy Provided) $2.00 Certificate Update $25.00 Certified Birth or Death Certificate or Marriage License $10.00 Claims $50.00 Commissions Fee $0.50 Copy per page in office if made by customer. The fee for staff made copies is higher. $10.00 Deed—Executed by Register $10.00 Discharge of Executor/Administrator—Petition and Order $10.00 Exceptions to Adjudication $50.00
$100.25Exemplified Copy of Record Preparation
Exemplified Copy of Record Filing***Family Settlement Agreement (See Table) Guardianship*** (See Table) $25.00 Inheritance Tax Certification $25.00 Inheritance Tax Return (If no file number add Automation Fee $10) $10.00 Inventory (first page)
Each additional page $3.00$40.25 JCS/ATJ/CJEA—State Fee. Imposed on the initial/first filing of a Petition in the Register of Wills/Clerk of The Orphan's Court, including but not limited to: Petition for Grant of Letters, Petition for Citation, Small Estate Petition, Petition for Adoption, Petition for Termination and Petition for Appointment of Guardian.** Letters Testamentary/ Administration (See Table) $25.00 Letters of Administration DBN or DBNCTA $50.00 Marriage License (Cash only) $15.00 Objections $50.00 Petitions with existing File Number $10.00 Praecipe $10.00 Receipt and Release/Disclaimer/Assignment (per name) $10.00 Renunciation $35.00 Returned Check $10.00 Satisfaction of Claim $30.00 Search Fee for any purpose $20.00 Will (Probate Only)* $50.00*** Small Estate Petition *** Add Automation Fee ($10) JCS/ ATJ/ CJEA Fee $40.25 Family Settlement Agreement Fee is based on the amount of Gross Probate Estate $15.00
$35.00
$60.00
$100.00
$150.00
$250.00
$50.00
Not exceeding $25,000 Gross Estate
$25,001 to $50,000 Gross Estate
$50,001 to $75,000 Gross Estate
$75,001 to $100,000 Gross Estate
$100,001 to $200,000 Gross Estate
$200,001 to $400,000 Gross Estate
Each additional $200,000 or part thereof
Letters Testamentary/Letters of Administration $50.00 Estates not exceeding $10,000 Pre-Paid Fees at time of Probate $85.00 Over $10,000 but not exceeding $25,000 Automation Fee $10.00 $120.00 Over $25,000 but not exceeding $50,000 JCS/ATJ/CJEA Fee $40.25 $155.00 Over $50,000 but not exceeding $75,000 Inheritance Tax Return $25.00 $190.00 Over $75,000 but not exceeding $100,000 Inventory $10.00 $260.00 Over $100,000 but not exceeding $200,000 Renunciation (if needed)
$10.00$500.00 Over $200,000 but not exceeding $500,000 Short Certificate (Each)
$5.00$1,000.00 Over $500,000 but not exceeding $1,000,000 $2,000.00 Over $1,000,000 but not exceeding $2,000,000 $200.00 Each additional sum of $1,000,000 or part thereof Note: Additional Probate Fees: Probate fees shown on this fee bill are subject to final appraisement.
Miscellaneous Documents and Graduated Fees ACCOUNTS Filed concurrently with Petition for Adjudication First Page $100 each additional page $1.00 PETITION FOR ADJUDICATION based on Balance for Distribution includes Risk Distribution Not exceeding $500.00$10.00 $501 to $5,000$20.00 $5,001 to $10,000 $45.00 $10,001 to $20,000 $75.00 $20,001 to $50,000 $100.00 $50,001 to $100,000 $200.00 $100,001 to $250,000 $325.00 $250,000 to $500,000 $400.00 Each additional $500,000 or part thereof $250.00 Adoptions: Counseling Fee $75.00 (Separate check filed with Petition) Petition for Adoption w/number $150.00 Petition for Adoption w/o number $200.25 Termination of Parental Rights $60.25 (Voluntary and Involuntary) Guardianship of Incapacitated Person:*** Petition for Appointment $50.00 Report of Guardian (Estate only) $15.00 Report of Guardian (Person) 0 Instruments not specifically listed will be charged at a rate comparable to this schedule for a like instrument as determined by the Register. Please use approved forms available at AOPC Website (www.pacourts.us) For other miscellaneous documents not listed here, please call the office at 570-825-1555 or 570-825-1672. EFFECTIVE November 30, 2017
*Corrected January 14, 2019 as to Adoptions
[Pa.B. Doc. No. 20-1737. Filed for public inspection December 11, 2020, 9:00 a.m.]
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