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Home My WebLink About02-22-06 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA IN RE: FEES AND COSTS FOR REGISTER OF WILLS AND CLERKOFORPHANS'COURT 21-06-0133 Orphans' Court ORDER OF COURT MODIFYING FEES FOR REGISTER OF WILLS AND CLERK OF ORPHANS' COURT AND NOW, this~ day of ~ 2006, 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 Pa.C.S.A. S21022.1, it is ordered and directed that the fees for the Register of Wills of Cumberland County shall be as follows: AUTOMA TION 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 -- I 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: JCP Fee $ 5.00 $ 10.00 ~ -t' LETTERS TESTAMENTARY, LETTERS OF ADMINISTRATION AND LETTERS OF ADMINISTRATION C.T.A.- Fee for Letters will be based upon the gross estimated value ofthe Estate. FOR TOTAL ASSETS: Not exceeding $2000 $2,000 to $5,000 $5,001 to $10,000 $10,001 to $25,000 $25,001 to $50,000 $50,001 to $75,000 $75,001 to $100,000 $20.00 $30.00 $45.00 $60.00 $90.00 $135.00 $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. Where the gross value of an estate has been overestimated and probate fees are overpaid, excess monies will not be refunded and the money will be forwarded to the county. When filing fees have been overpaid in an amount not exceeding ten (10) dollars, such overpayment will not be refunded and the money will be forwarded to the county. 2 Decisions involving overpayments of probate fees and other fees and the reimbursement of same are at the total discretion of the Register when situations arise outside those covered above. ALL OTHER LETTERS OF ADMINISTRATION: D.B.N.. D.B.N.C.T.A.. PENDENTE LITE. DURANTE ABSENTIA. OR DURANTE MINORIT ATE D.B.N., D.B.N.C.T.A., Pendente Lite, Durante Absentia or Durante Minoritate MISCELLANEOUS ITEMS Affidavit or Oath Appeal from the Register Bonds Caveat Certified copies of Instruments Certified Copies of Instruments, with Certificates attached Certified docket entries Citation Claim against the estate Codicil Commissions to take Oath or Testimony Election to take under or against the will Exemplified Copies of Instruments Exemplified Copies of Letters, filing and recording Exemplification of Letters, issuing Inheritance Tax Return Inventory or Affidavit in lieu of Inventory Petitions Photocopies, per page Powers of Attorney, filing and indexing Research, per record Renunciation Short Certificate Subpoena Tax Certificate, issuing Will 3 $20.00 $ 3.00 $25.00 $15.00 $20.00 $ 5.00 $15.00 $10.00 $20.00 $10.00 $15.00 $20.00 $20.00 $15.00 $20.00 $40.00 $15.00 $15.00 $15.00 $ .50 $20.00 $ 4.00 $ 5.00 $ 4.00 $ 5.00 $10.00 $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., 921032.1, 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, tmstees and personal representatives including transmission of the same to Orphans' Court and confirmation: FOR ACCOUNTS NOT OVER $100,000 First Page: Additional Pages: Advertising: Receipt and Release Objections $ 50.00 $ No Charge $ 80.00 $ 5.00 $ 5.00 FOR EACH ADDITIONAL $100,000 or FRACTION THEREOF An Additional: $ 50.00 The gross value shall equal the taxable estate assets plus income generated by the estate. If there is a testamentary trust, then the gross value shall be only the income generated by the trust. ADJUDICATIONS: (Omitting opinion and discussion): Recording, with certificate and filing Distribution Schedule $ 15.00 $ 15.00 ADOPTION PROCEEDINGS: Petition for Adoption Each Additional Adoptee Named 4 $ 60.00 $ 15.00 Report of Intention to Adopt Report of Intermediary Petition for Termination of Rights or Relinquishment (Vol. or Invo1.) Petition to Confirm Consent to Adopt Act 34 Fund Home Study Fee GUARDIANSHIP Annual Report of Guardian Bond, filing and approval Guardian Certificate Guardian Inventory Petition for Appointment, filing Petition for Discharge, filing Petition for Successor Guardian, filing MARRIAGE LICENSE Certified Marriage Certificate Certified Marriage Certificate for Military limited to two per request Custodial Parental Consent Judicial Waiver of Waiting Period Marriage License Military Waiver REAL ESTATE SALE OR MORTGAGE Partition proceedings and one purpart All proceedings, one purpart Under Price Act, one purpart Additional purparts FAMILY EXEMPTION Claim, appraisement, proof of publication and confirmation, personal estate Claim, appraisement, proof of publication and real estate (one purpart) Additional purpart Filing appraisement, proof of publication and confirmation (no administration) personal estate Real estate ( one purpart) 5 I $ 15.00 $ 15.00 $ 15.00 $ 15.00 $ 75.00 $320.00 $15.00 $15.00 $ 5.00 $15.00 $15.00 $15.00 $15.00 $ 5.00 NO FEE $20.00 $20.00 $40.00 NO FEE $40.00 $20.00 $20.00 $ 5.00 $15.00 $15.00 $ 5.00 $15.00 $15.00 MISCELLANEOUS Appeal to Appellate Court, certificate of record and bond Certified copies of instruments Certified docket entries Citation Commissions on money paid into, held or controlled by the court (including CDs, Bonds and Escrow Accounts) Commitment Decree awarding real estate Decree, issuing Disclaimer Exemplification of record, issuing Family settlement agreement Motion Petition and writ of attachment Petitions Photocopies, per page Release Research, per record Satisfaction of award Satisfaction of claim $75.00 $ 5.00 $10.00 $20.00 5% per year $ 3.00 $10.00 $ 5.00 $ 5.00 $40.00 $20.00 $15.00 $20.00 $15.00 $ .50 $ 5.00 $ 4.00 $ 5.00 $10.00 The Register of Wills (Clerk of Orphans' Court) requests that each motion/petition filed seek only one type of relief and reference only one docket number. If a party files a single motion/petition seeking multiple forms of relief, then that party shall be charged as if it had filed a separate motion/petition for each requested matter of relief. If a party files a single motion/petition referencing multiple docket numbers, then that party shall be charged as if it had filed a separate motion/petition for each docket number referenced. *Fees for similar services not herein specifically scheduled shall be charged on the same basis as those scheduled. 6 IT IS HEREBY ORDERED AND DECREED that the fees herein provided for shall take effect~ , ' 2006. 7 --- r '.:. , '. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA INRE: FEES and COSTS for REGISTER of WILLS and CLERKOFORPHANS'COURT t.<~ rOc:';'"~ : 21-06-01330rphans'::qourt -': ,-........, PETITION TO MODIFY FEES FOR REGISTER OF WILLS AND CLERK OF ORPHANS' COURT , "1 Cf) 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. That the current fees for the Cumberland County Register of Wills and Clerk of Orphans' Court became effective January 1,2005. 2. For certain 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 modified. 3. The Petitioner proposes the fees to be charged in her capacity as Register of Wills should be as follows: LETTERS OF ADMINISTRATION OR TEST AMENT ARY LETTERS For total estate assets: Not exceeding $2000 $2,000 to $5,000 $5,001 to $10,000 $10,001 to $25,000 $25,001 to $50,000 $50,001 to $75,000 $75,001 to $100,000 $20.00 $30.00 $45.00 $60.00 $90.00 $135.00 $210.00 -"-1 ~ For each additional $100,000 or fraction thereof: An Additional Probate without issuance of letters $50.00 $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 ofthe 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. Where the gross value of an estate has been overpaid, such overpayment will not be refunded and the money will be forwarded to the county. When filing fees have been overpaid in an amount not exceeding ten (10) dollars, such overpayment will not be refunded and the money will be forwarded to the county. OTHER LETTERS OF ADMINISTRATION: MISCELLANEOUS ITEMS Affidavit or Oath Appeal from the Register Bonds Caveat Certified copies of Instruments Certified Copies of Instruments, with Certificates attached Certified docket entries Citation Claim against the estate Codicil Commissions to take Oath or Testimony Election to take under or against the will Exemplified Copies of Instruments Exemplified Copies of Letters, filing and recording Exemplification of Letters, issuing Inheritance Tax Return 2 $20.00 $ 3.00 $25.00 $15.00 $20.00 $ 5.00 $15.00 $10.00 $20.00 $10.00 $15.00 $20.00 $20.00 $15.00 $20.00 $40.00 $15.00 Inventory or Affidavit in lieu of Inventory Petitions Photocopies, per page Powers of Attorney, filing and indexing Research, per record Renunciation Short Certificate Subpoena Tax Certificate, issuing Will $15.00 $15.00 $ .50 $20.00 $ 4.00 $ 5.00 $ 4.00 $ 5.00 $10.00 $15.00 *Fees for similar services not herein specifically scheduled shall be on the same basis as those scheduled. charged 4. 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: Additional Pages: Advertising: Receipt and Release Objections $ 50.00 $ No Charge $ 80.00 $ 5.00 $ 5.00 FOR EACH ADDITIONAL $100,000 or FRACTION THEREOF An Additional: $ 50.00 The gross value shall equal the taxable estate assets plus income generated by the estate. If there is a testamentary trust, then the gross value shall be only the income generated by the trust. ADJUDICATIONS: (Omitting opinion and discussion): Recording, with certificate and filing Distribution Schedule 3 $ 15.00 $ 15.00 ADOPTION PROCEEDINGS: Petition for Adoption Each Additional Adoptee Named Report of Intention to Adopt Report of Intermediary Petition for Termination of Rights or Relinquishment (Vol. or Invo1.) Petition to Confirm Consent to Adopt Act 34 Fund Home Study Fee GUARDIANSHIP Annual Report of Guardian Bond, filing and approval Guardian Certificate Guardian Inventory Petition for Appointment, filing Petition for Discharge, filing Petition for Successor Guardian, filing MARRIAGE LICENSE Certified Marriage Certificate Certified Marriage Certificate for Military Custodial Parental Consent Judicial Waiver of Waiting Period Marriage License Military Waiver REAL ESTATE SALE OR MORTGAGE Partition proceedings and one purpart All proceedings, one purpart Under Price Act, one purpart Additional purparts FAMILY EXEMPTION Claim, appraisement, proof of publication and confirmation, personal estate Claim, appraisement, proof of publication and real estate (one purpart) Additional purpart Filing appraisement, proof of publication and confirmation (no administration) 4 $ 60.00 $ 15.00 $ 15.00 $ 15.00 $ 15.00 $ 15.00 $ 75.00 $320.00 $15.00 $15.00 $ 5.00 $15.00 $15.00 $15.00 $15.00 $ 5.00 NO FEE $20.00 $20.00 $40.00 NO FEE $40.00 $20.00 $20.00 $ 5.00 $15.00 $15.00 $ 5.00 personal estate Real estate (one purpart) MISCELLANEOUS Appeal to Appellate Court, certificate of record and bond Certified copies of instruments Certified docket entries Citation Commissions on monies paid into, held or controlled by the court (including CDs, Bonds and Escrow Accounts) Commitment Decree awarding real estate Decree, issuing Disclaimer Exemplification of record, issuing Family settlement agreement Motion Petition and writ of attachment Petitions Photocopies, per page Release Research, per record Satisfaction of award Satisfaction of claim $15.00 $15.00 $ 7 5.00 $ 5.00 $10.00 $20.00 5% per year $ 3.00 $10.00 $ 5.00 $ 5.00 $40.00 $20.00 $15.00 $20.00 $15.00 $ .50 $ 5.00 $ 4.00 $ 5.00 $10.00 The Register of Wills (Clerk of Orphans' Court) requests that each motion/petition filed seek only one type of relief and reference only one docket number. If a party files a single motion/petition seeking multiple forms of relief, then that party shall be charged as if it had filed a separate motion/petition for each requested matter of relief. If a party files a single motion/petition referencing multiple docket numbers, then that party shall be charged as if it had filed a separate motion/petition for each docket number referenced. *Fees for similar services not herein specifically scheduled shall be charged on the same basis as those scheduled. 5. The Petitioner avers this Court has the authority to modify the fees of the Register of Wills office pursuant to Title 42 Pa.C.S.A, 921022.1. 6. The Petitioner avers this Court has the authority to modify the fees of the 5 . . . Clerk of Orphans' Court pursuant to Title 42 Pa.C.S.A., ~21032.1. WHEREFORE, your Petitioner, Glenda Farner 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. Kir S. ohonage Solicitor, Register of Wills and Clerk of Orphans' Court 6