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Home My WebLink About04-1129 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: FEES AND COSTS FOR : REGISTER OF WILLS AND : CLERK OF ORPHANS' COURT : : 21-04-1129 Orphans' Court : : PETITION TO MODIFY FEE FOR REGISTER OF WILLS AND CLERK OF ORPHANS' COURT AND NOW, comes Glenda Farner Strasbaugh, Register of Wills and Clerk of the Orphans' Court of Cumberland County, by Kirk S. Sohonage, Esquire, her Solicitor, and represents as follows: 1. Petitioner is the duly elected Register of Wills and Clerk of Orphans' Court of Cumberland County, Pennsylvania. 2. The Register of Wills and Clerk of Orphans' Court divisions are fee-based offices in that they are self-funded by and through the collection of fees for documents filed. 3. That the current fee schedule for the Cumberland County Register of Wills and Clerk of Orphans' Court office became effective December 15, 1995, and has not been increased since that time. 4. By enacting Act 79 of December 1993, the Pennsylvania Legislature empowered the Registers of Wills to increase filing fees and other miscellaneous costs at any time with the approval of the President Judge of their respective counties. 5. By enacting Act 69 of December 1993, the Pennsylvania Legislature empowered the Clerks of Orphans' Courts to increase filing fees and other miscellaneous costs at any time with the approval of the President Judge of the their respective counties. 6. By enacting Act 164 of December 1998 and Act 36 of June 2000, the Pennsylvania Legislature authorized, in addition to fees and costs, the imposition of an automation fee within two other court-related offices (Prothonotary and Clerk of Courts). 7. David Cleaver, Solicitor for the Registers of Wills and Clerks of Orphans' Court Association of Pennsylvania, has opined that under current legislation that authorizes Registers of Wills and Clerks of Orphans' Court to establish, increase, or decrease their schedule of costs and fees with the approval of the President Judge, all Registers of Wills and Clerks of Orphans Court can also institute a similar fee for automation. 8. For economic considerations as well as efficiency of the office, it is reasonable that the fees for services performed by the Register of Wills and the Clerk of Orphans' Court should be increased. 9. The Petitioner proposes the fees to be charged in her capacity as Register of Wills should be as follows: LETTERS OF ADMINISTRATION OR TESTAMENTARY LETTERS For total estate assets: Not exceeding $2000 $20.00 $2,000 to $5,000 $30.00 $5,001 to $10,000 $45.00 $10,001 to $25,000 $60.00 $25,001 to $50,000 $90.00 $50,001 to $75,000 $135.00 $75,001 to $100,000 $210.00 For each additional $100,000 or fraction thereof: An Additional $50.00 Probate without issuance of letters $20.00 Where the gross value of an estate has been underestimated on the Petition for Letters, Probate fees will be adjusted and an invoice will be rendered for the balance. Additional probate fees will be due and payable within thirty (30) days from the date of the invoice. Any balances more than thirty (30) days in arrears will be charged interest at the rate of 1% per month. All fees must be paid in full before any estate settlement will be accepted for filing. OTHER LETTERS oF ADMINISTRATION: $20.00 MISCELLANEOUS ITEMS Affidavit or Oath $ 3.00 Bonds $15.00 Caveat $20.00 Certified copies of Instruments $ 5.00 Certified Copies of Instruments, with Certificates attached $15.00 Certified docket entries $10.00 Citation $20.00 Claim against the estate $10.00 Codicil $15.00 Commissions to take Oath or Testimony $20.00 Election to take under or against the will $20.00 Exemplified Copies of Instruments $15.00 Exemplified Copies of Letters, filing and recording $20.00 Exemplification of Letters, issuing $40.00 Inheritance Tax Retum $15.00 Inventory or Affidavit in lieu of Inventory $15.00 Petitions $15.00 Photocopies, per page $ .50 Powers of Attorney, filing and indexing $20.00 Research, per record $ 4.00 Renunciation $ 5.00 Short Certificate $ 4.00 Subpoena $ 5.00 Tax Certificate, issuing $10.00 Will $15.00 *Fees for similar services not herein specifically scheduled shall be charged on the same basis as those scheduled. 10. The Petitioner proposes the fees to be charged in her capacity as the Clerk of the Orphans' Court should be as follows: ACCOUNTS - For the filing, advertising and adjudication of accounts of executors, administrators, guardians, trustees and personal representatives including transmission of the same to Orphans' Court and confirmation: FOR ACCOUNTS NOT OVER $100,000 First Page: $ 50.00 Additional Pages: $ No Charge Advertising: $ 80.00 Receipt and Release $ 5.00 Objections $ 5.00 FOR EACH ADDITIONAL $100,000 or FRACTION THEREOF An Additional: $ 50.00 ADJUDICATIONS: (Omitting opinion and discussion): Recording, with certificate and filing $15.00 Distribution Schedule $15.00 ADOPTION PROCEEDINGS: Petition for Adoption $ 60.00 Each Additional Adoptee Named $15.00 Report of Intention to Adopt $15.00 Report of Intermediary $15.00 Petition for Termination of Rights or Relinquishment (Vol. or Invol.) $15.00 Petition to Confirm Consent to Adopt $15.00 Act 34 Fund $ 75.00 Home Study Fee $300.00 GUARDIANSHIP Annual Report of Guardian $15.00 Bond, filing and approval $15.00 Guardian Certificate $ 5.00 Guardian Inventory $15.00 Petition for Appointment, filing $15.00 Petition for Discharge, filing $15.00 Petition for Successor Guardian, filing $15.00 MARRIAGE LICENSE Certified Marriage Certificate $ 5.00 Custodial Parental Consent $20.00 Judicial Waiver of Waiting Period $20.00 Marriage License $40.00 Military Waiver NO FEE REAL ESTATE SALE OR MORTGAGE Partition proceedings and one purpart $40.00 All proceedings, one purpart $20.00 Under Price Act, one purpart $20.00 Additional purparts $ 5.00 FAMILY EXEMPTION Claim, appraisement, proof of publication and confirmation, personal estate $15.00 Claim, appraisement, proof of publication and real estate (one purpart) $15.00 Additional purpart $ 5.00 Filing appraisement, proof of publication and confirmation (no administration) personal estate $15.00 Real estate (one purpart) $15.00 MISCELLANEOUS Appeal to Appellate Court, certificate of record and bond $75.00 Certified copies of instruments $ 5.00 Certified docket entries $10.00 Citation $20.00 Commissions on money paid into court 5% per year Commitment $ 3.00 Decree awarding real estate $10.00 Decree, issuing $ 5.00 Disclaimer $ 5.00 Exemplification of record, issuing $40.00 Family settlement agreement $20.00 Petition and writ of attachment $20.00 Petitions $15.00 Photocopies, per page $ .50 Release $ 5.00 Research, per record $ 4.00 Satisfaction of award $ 5.00 Satisfaction of claim $10.00 *Fees for similar services not herein specifically scheduled shall be charged on the same basis as those scheduled. WHEREFORE, your Petitioner, Glenda Famer Strasbaugh, Cumberland County Register of Will and Clerk of Orphans' Court, respectfully requests that this Court establish the fees to be charged by her office as herein provided. Respectfully submitted, /--~ftk S.~Sohonage Solicitor, Register of Wills and Clerk of Orphans' Court Commonwealth of Pennsylvania · County of Cumberland · Glenda Famer Strasbaugh, being duly swom according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. Cumberland County Sworn to and subsyt~bed before me this day of December 2004. NOTARIAL SEAL 'i JODY S. SMITH, NOTARY PUBLIC ~ Carlisle Boro, Cumberland County 1 Ivly Commission Expires April 4, 2005 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: FEES AND COSTS FOR ' REGISTER OF WILLS AND · CLERK OF ORPHANS' COURT · · 21-04-1129 Orphans' Court ORDER OF COURT,',~' PETITION TO MODIFY FEE FOR REGISTER OF WILLS AND CLERK OF ORPHANS' COURT ' ' AND NOW, thi/(]] d" ~ay of December 2004, upon motion of Kirk S. Sohonage, Esquire, Solicitor for the Register of Wills and Clerk of Orphans' Court of Cumberland County, and upon consideration of the within Petition and pursuant to the authority provided under 42 P.S. §21022.1, it is ordered and directed that the fees for the Register of Wills of Cumberland County shall be as follows: AUTOMATION FEE - All first time filings with either the Register of Wills or the Clerk of Orphans' Court will be surcharged an automation fee. The automation fee shall be deposited into a special Register of Wills/Clerk of Orphans' Court automation fund. Moneys in the special fund shall be used solely for the purpose of automation and continued automation update of the office: Automation Fee: $ 5.00 JCP Fee $10.00 LETTERS TESTAMENTARY, LETTERS OF ADMINISTRATION AND LETTERS OF ADMINISTRATION C.T.A. - Fee for Letters will be based upon the gross estimated value of the Estate. FOR TOTAL ASSETS: Not exceeding $2000 $20.00 $2,000 to $5,000 $30.00 $5,001 to $10,000 $45.00 $10,001 to $25,000 $60.00 $25,001 to $50,000 $90.00 $50,001 to $75,000 $135.00 $75,001 to $100,000 $210.00 FOR EACH ADDITIONAL $100,000 OR FRACTION THEREOF An Additional $50.00 PROBATE WITHOUT ISSUANCE OF LETTERS $20.00 Where the gross value of an estate has been underestimated on the Petition for Letters, Probate fees will be adjusted and an invoice will be rendered for the balance. Additional probate fees will be due and payable within thirty (30) days from the date of the invoice. Any balances more than thirty (30) days in arrears will be charged interest at the rate of 1% per month. All fees must be paid in full before any estate settlement will be accepted for filing. ALL OTHER LETTERS OF ADMINISTRATION: D.B.N., D.B.N.C.T.A., PENDENTE LITE, DURANTE ABSENTIA~ OR DURANTE MINORITATE D.B.N., D.B.N.C.T.A., Pendente Lite, $20.00 Durante Absentia or Durante Minoritate MISCELLANEOUS ITEMS Affidavit or Oath $ 3.00 Bonds $15.00 Caveat $20.00 Certified copies of Instruments $ 5.00 Certified Copies of Instruments, with Certificates attached $15.00 Certified docket entries $10.00 Citation $20.00 Claim against the estate $10.00 Codicil $15.00 Commissions to take Oath or Testimony $20.00 Election to take under or against the will $20.00 Exemplified Copies of Instruments $15.00 Exemplified Copies of Letters, filing and recording $20.00 Exemplification of Letters, issuing $40.00 Inheritance Tax Return $15.00 Inventory or Affidavit in lieu of Inventory $15.00 Petitions $15.00 Photocopies, per page $ .50 Powers of Attorney, filing and indexing $20.00 Research, per record $ 4.00 Renunciation $ 5.00 Short Certificate $ 4.00 Subpoena $ 5.00 Tax Certificate, issuing $10.00 Will $15.00 *Fees for similar services not herein specifically scheduled shall be charged on the same basis as those scheduled. IT IS FURTHER ORDERED AND DIRECTED, pursuant to the authority provided under 42 Pa.C.S.A., § 21032.1, that the fees charged in the Clerk of Orphans' Court of Cumberland County shall be as follows: ACCOUNTS - For the filing, advertising and adjudication of accounts of executors, administrators, guardians, trustees and personal representatives including transmission of the same to Orphans' Court and confirmation: FOR ACCOUNTS NOT OVER $100,000 First Page: $ 50.00 Additional Pages: $ No Charge Advertising: $ 80.00 Receipt and Release $ 5.00 Objections $ 5.00 FOR EACH ADDITIONAL $100,000 or FRACTION THEREOF An Additional: $ 50.00 ADJUDICATIONS: (Omitting opinion and discussion): Recording, with certificate and filing $15.00 Distribution Schedule $15.00 ADOPTION PROCEEDINGS: Petition for Adoption $ 60.00 Each Additional Adoptee Named $15.00 Report of Intention to Adopt $15.00 Report of Intermediary $15.00 Petition for Termination of Rights or Relinquishment (Vol. or Invol.) $15.00 Petition to Confirm Consent to Adopt $15.00 Act 34 Fund $ 75.00 Home Study Fee $300.00 GUARDIANSHIP Annual Report of Guardian $15.00 Bond, filing and approval $15.00 Guardian Certificate $ 5.00 Guardian Inventory $15.00 Petition for Appointment, filing $15.00 Petition for Discharge, filing $15.00 Petition for Successor Guardian, filing $15.00 MARRIAGE LICENSE Certified Marriage Certificate $ 5.00 Custodial Parental Consent $20.00 Judicial Waiver of Waiting Period $20.00 Marriage License $40.00 Military Waiver NO FEE REAL ESTATE SALE OR MORTGAGE Partition proceedings and one purpart $40.00 All proceedings, one purpart $20.00 Under Price Act, one purpart $20.00 Additional purparts $ 5.00 FAMILY EXEMPTION Claim, appraisement, proof of publication and confirmation, personal estate $15.00 Claim, appraisement, proof of publication and real estate (one purpart) $15.00 Additional purpart $ 5.00 Filing appraisement, proof of publication and confirmation (no administration) personal estate $15.00 Real estate (one purpart) $15.00 MISCELLANEOUS Appeal to Appellate Court, certificate of record and bond $75.00 Certified copies of instruments $ 5.00 Certified docket entries $10.00 Citation $20.00 Commissions on money paid into court 5% per year Commitment $ 3.00 Decree awarding real estate $10.00 Decree, issuing $ 5.00 Disclaimer $ 5.00 Exemplification of record, issuing $40.00 Family settlement agreement $20.00 Petition and writ of attachment $20.00 Petitions $15.00 Photocopies, per page $ .50 Release $ 5.00 Research, per record $ 4.00 Satisfaction of award $ 5.00 Satisfaction of claim $10.00 *Fees for similar services not herein specifically scheduled shall be charged on the same basis as those scheduled. IT IS HEREBY ORDERED AND DECREED that the fees herein provided for shall take effect January 1, 2005. ATTEST