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PA Bulletin, Doc. No. 03-56

THE COURTS

Petition for Administrative Order to Adopt a Fee Bill for the Register of Wills and to Adopt a Fee Bill for the Clerk of the Orphans' Court Division of the Court of Common Pleas; No. 67-2001-0007

[33 Pa.B. 200]

   And Now, to wit, this 16th day of December, 2002, comes Bradley C. Jacobs, Register of Wills of York County, Pennsylvania, and Clerk of the Orphans' Court Division of the Court of Common Pleas of York County, Pennsylvania, by his Solicitor, John C. Herrold, Esquire, and files his Petition for an Administrative Order as follows:

   1.  Your Petitioner, Bradley C. Jacobs, is the duly elected Register of Wills of York County, Pennsylvania, and the Clerk of the Orphans' Court Division of the Court of Common Pleas of York County, Pennsylvania, with offices at the York County Court House, 28 East Market Street York, Pennsylvania.

   2.  This Petition is filed pursuant to 42 P. S. § 21022.1, which authorizes the President Judge and the Register of Wills to establish, increase, decrease, modify or eliminate fees for the Office of the Register of Wills.

   3.  This Petition is also filed pursuant to 42 P. S. § 21032.1, which authorizes the President Judge and the Clerk of the Orphans' Court Division to establish, increase, decrease, modify or eliminate fees for the Office of the Clerk of the Orphans' Court.

   4.  The proposed fee bill for the Register of Wills of York County and the Clerk of the Orphans' Court Division of the Court of Common Pleas of York County, Pennsylvania, which fee bill will become effective the 1st day of January, 2003, as incorporated herein follows.

   5.  The fees charged by the Register of Wills of York County, Pennsylvania, are being increased as follows:

   A)  Fees for filing, advertising and adjudication of accounts of personal representatives are increased from Forty ($40.00) for each additional One Hundred Thousand ($100,000.00) Dollars to Seventy-five ($75.00) for each additional One Hundred Thousand ($100,000.00) Dollars or fraction thereof.

   B)  Fees for letters of administration or letters testamentary are increased from Forty ($40.00) Dollars to Seventy-five ($75.00) Dollars for each additional One Hundred Thousand ($100,000.00) Dollars or fraction thereof over the initial One Hundred Thousand ($100,000.00) Dollar value of the estate.

   C)  The fee for the certification under an Act of Congress is increased from Ten ($10.00) Dollars to Twenty ($20.00) Dollars.

   D)  The fee for the filing of a petition for a citation and issuing a citation for one (1) respondent is increased from Twenty-five ($25.00) Dollars to Thirty ($30.00) Dollars.

   E)  The fee for filing miscellaneous petitions is established at Thirty ($30.00) Dollars.

   6.  The fees charged by the Clerk of the Orphans' Court of the Court of Common Pleas of York County, Pennsylvania, are being increased as follows:

   A)  Fees for filing, advertising and adjudication of accounts of personal representatives are increased from Forty ($40.00) for each additional One Hundred Thousand ($100,000.00) Dollars to Seventy-five ($75.00) for each additional One Hundred Thousand ($100,000.00) Dollars or fraction thereof.

   B)  The fee for the certification under an Act of Congress is increased from Ten ($10.00) Dollars to Twenty ($20.00) Dollars.

   C)  The fee for the filing of a petition for a citation and issuing a citation for one (1) respondent is increased from Twenty-five ($25.00) Dollars to Thirty ($30.00) Dollars.

   D)  The fee for filing miscellaneous petitions is increased from Twenty-five ($25.00) Dollars to Thirty ($30.00) Dollars.

   E)  The fee for the filing of a petition, issuing a citation and appointment of a guardian for an incapacitated person is increased from Twenty-five ($25.00) Dollars to Thirty ($30.00) Dollars.

   F)  The fee for the filing of a petition for appointment of guardian for a minor child is increased from Twenty-five ($25.00) Dollars to Thirty ($30.00) Dollars per child.

   G)  The fee for marriage license and affidavits (including tax and automation fee) is increased from Forty ($40.00) Dollars to Forty-five ($45.00) Dollars.

   H)  The fee for marriage waiver (military-free) fee is increased from Ten ($10.00) Dollars to Twenty ($20.00) Dollars.

   I)  The fee for marriage license consent of parents is increased from Two ($2.00) Dollars to Five ($5.00) Dollars.

   J)  The fee for real estate of decedents, sale or mortgage petition is increased from Twenty-five ($25.00) Dollars to Thirty ($30.00) Dollars.

   K)  The fee for a small estate petition (decedents or minors) is increased from Twenty-five ($25.00) Dollars to Thirty ($30.00) Dollars.

   7.  The increase in fees as outlined will bring York County into parity with adjoining counties regarding fees charged by the Register of Wills and the Clerk of the Orphans' Court Division of York County, Pennsylvania.

   Wherefore, pursuant to 42 P. S. § 21022.1 and 42 P. S. § 21032.1, your Petitioner, Bradley C. Jacobs, Register of Wills of York County and Clerk of the Orphans' Court Division of the Court of Common Pleas of York County, requests your Honorable Court to enter an Administrative Order adopting the proposed fee bill for the Register of Wills of York County, Pennsylvania and the proposed fee bill for the Clerk of the Orphans' Court Division of the Court of Common Pleas of York County, Pennsylvania.

Respectfully submitted,

Bradley C. Jacobs,   
Register of Wills and
Clerk of the Orphans'
Court Division

Griest, Himes, Herrold, Schaumann
   
 

By John C. Herrold,   
Esquire
Sup. Ct. I.D. No. 18014
129 East Market Street
York, Pennsylvania 17401
Telephone (717) 846-8856
Attorney for Petitioner

VERIFICATION

   I, Bradley C. Jacobs, Register of Wills of York County, Pennsylvania, and Clerk of the Orphans' Court Division of the Court of Common Pleas of York County, Pennsylvania, do hereby certify that the facts contained in the foregoing Petition are correct to the best of my knowledge, information and belief and that I understand that false statements made herein are made subject to penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities.

Bradley C. Jacobs,   
Register of Wills and
Clerk of the Orphans' Court
_____

FEE BILL

REGISTER OF WILLS OF YORK COUNTY, PENNSYLVANIA

   And now, by Order of Court this 16th day of December, 2002, the following bill of costs which includes any Commonwealth tax is established pursuant to 42 P. S. Section 21022.1. This Order is effective the 1st day of January, 2003.

ACCOUNTS
   For the filing, advertising and adjudication
   of the accounts of personal representatives.
Total debits not over $2,000 $  75.00
Over $2,000 but not over $5,000 80.00
Over $5,000 but not over $10,000 85.00
Over $10,000 but not over $25,000 110.00
Over $25,000 but not over $50,000 135.00
Over $50,000 but not over $100,000 165.00
Each additional $100,000 or fraction
   thereof, an additional
75.00
LETTERS OF ADMINISTRATION and
LETTERS TESTAMENTARY
Total Assets not over $2,000 $  10.00*****
Over $2,000 but not over $5,000 30.00*****
Over $5,000 but not over $10,000 40.00*****
Over $10,000 but not over $25,000 60.00*****
Over $25,000 but not over $50,000 75.00*****
Over $50,000 but not over $100,000 100.00*****
Each additional $100,000 or fraction thereof,
   an additional
75.00
Pennsylvania Judicial Computer Project Fee 5.00
Renunciation per page 5.00
Waiver Fiduciary Bond 5.00
NOTE: Letters d.b.n. or d.b.n.c.t.a. minimum fee will be charged.
NOTE: Where inventory, tax return or account is of greater value than original estimated value for any letters the right is reserved to make an additional charge based upon such greater value.
PROBATE OF WILLS AND CODICILS
   Probate and granting letters testamentary
   or administration c.t.a.--see schedule for
   letters above.
   Probate without letters same as under each
   classification above less $2.00
   Probate of each codicil 10.00
AUTOMATION FEE
   Register of Wills 5.00
BOND filing and entering 5.00
CAVEAT filing including bond 10.00
NO PROBATES ACCEPTED WITHOUT DEATH CERTIFICATE
  **Pennsylvania Judicial Computer Project Fee
***Register of Wills Automation Fee
Attest:
      John C. Uhler
      Orphans' Court Judge
Attest:
      Bradley C. Jacobs
      Register of Wills
CERTIFICATION* 5.00
CERTIFICATION* under Act of Congress 20.00
*Plus $1.00 per page if copy is not furnished
CERTIFYING RECORD to Orphans' Court
   upon appeal
10.00
CITATION
   Petition and issuing, one respondent 30.00
   Each Additional respondent 5.00
COMMISSION to taken testimony 10.00
COPY or FAX of any filed instrument
   per page of copy (certification extra)
1.00
EXECUTION OF COMMISSION from other
   Register of Pennsylvania or foreign jurisdiction
10.00
FOREIGN JURISDICTION'S CERTIFIED OR
   EXEMPLIFIED COPIES OF LETTERS AND
   PROCEEDINGS filing and entering
20.00
   Non resident affidavit re debts 5.00
GENEOLOGICAL RESEARCH per hour or
   fraction thereof (on a time available basis)
10.00
INHERITANCE TAX RETURN 10.00
   Supp Inheritance Tax Return 10.00
      (No charge for filing with account)
      (No charge for insolvent Returns)
   Letter protesting tax appraisement 5.00
   Certificate of payment 10.00
INVENTORY 10.00
PA JUDICIAL COMPUTER PROJECT FEE 10.00
PETITION (MISCELLANEOUS) 30.00
PRAECIPE/JOINDER 5.00
SHORT CERTIFICATE 5.00
SUBPOENA 5.00
REGISTERS HEARING 50.00
RETURNED CHECK 20.00
MISC. FILINGS 10.00
NOTE:  In cases not herein specifically provided for, the Register shall make the same charge as that imposed for services of a substantially similar nature. All orders heretofore establishing fee bill for the Register of Wills of York County shall be revoked and superseded as of the effective date hereof.

By the Court:

Honorable John H. Chronister   
President Judge in the Court of Common Pleas
of York County, Pennsylvania
_____

FEE BILL

CLERK OF ORPHANS' COURT DIVISION OF THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA

   And now, by Order of Court this 16th day of December, 2002, the following bill of costs is established pursuant to 42 P. S. Section 21032.1. This Order is effective the 1st day of January, 2003.

ACCOUNTS
   For the filing, advertising and adjudication
   of accounts of guardians and trustees
Total debits not over $2,000 $  75.00
Over $2,000 but not over $5,000 80.00
Over $5,000 but not over $10,000 85.00
Over $10,000 but not over $25,000 110.00
Over $25,000 but not over $50,000 135.00
Over $50,000 but not over $100,000 165.00
Each additional $100,000 or fraction thereof,
   an additional
75.00
ADOPTION
   Petition, Certificate and Report of
      Intermediary
30.00*****
   Voluntary or Involuntary Termination,
      Confirm Consent
10.00*****
   Costs of Investigation to be determined by
      the Court under the circumstance in each
      case.
   Pennsylvania Judicial Computer Project Fee 5.00
   Report of intent 10.00
   Act 34 Fund 75.00
   Certificate of Adoption 5.00
AFFIDAVIT 2.00
ANSWER 10.00
APPEAL to Appellate Court filing fee 35.00
AUTOMATION FEE
   Clerk of Orphans' Court 5.00
SUPERIOR COURT/SUPREME COURT 55.00
BIRTH/DEATH RECORD
   Certificate from original 4.00
   Delayed registration 5.00
CERTIFICATION* 5.00
CERTIFICATION* under Act of Congress 20.00
*Plus $1.00 per page if copy is not furnished
   Certificate of Authority 2.00
CITATION
   Petition and issuing, one respondent 30.00
   Each additional respondent 5.00
   File a claim 10.00
CLAIM 10.00
   Satisfaction or withdrawal 5.00
COPY of any instrument, per page of copy
   (certification extra)
1.00
DISCLAIMER 10.00
ELECTION under or against Will 10.00
EXCEPTIONS/OBJECTIONS 10.00
FAMILY EXEMPTION
   Personalty 15.00
   Realty (one purpart) 20.00
   Each additional purpart 3.00
   Advertising 50.00
  **Pennsylvania Judicial Computer Project Fee
***Clerk of Orphans' Court Automation Fee
Attest:
         John C. Uhler
         Orphans' Court Judge
Attest:
         Bradley C. Jacobs
         Clerk of Orphans' Court
INCAPACITATED ESTATES
   Petition, citation and appointment of
      guardian
$30.00*****
   Entry of security 10.00
   Inventory 10.00
   Order of Allowance 10.00
   Petition for Sale 25.00
MINOR'S ESTATE
   Petition for appointment of guardian per
      child
30.00*****
   Entry of Security 10.00
   Inventory 10.00
   Petition for Order of Allowance 10.00
   Report of guardian ad litem 5.00
MARRIAGE
   WAIVER (Military-Free) 20.00
   License & Affidavits (including tax &
      Automation fee)
45.00
   Consent of parents 5.00
   Certified copy of license and return of
      marriage
5.00
   Certified copy of application 5.00
PA JUDICIAL COMPUTER PROJECT FEE 10.00
PETITION (MISCELLANEOUS) 30.00*****
POWER OF ATTORNEY 15.00
PRAECIPE/JOINDER 5.00
PRESUMED DECEDENT
   Petition and final decree 20.00
REAL ESTATE OF DECEDENTS
   SALE OR MORTGAGE 30.00*****
   Execution of deed by Clerk 10.00
   Approval of security and the entry thereof 10.00
   Excuse from security 10.00
   Leave to bid at public sale 10.00
   Decree of confirmation of title 10.00
RELEASE, first page 5.00
   Each additional page 1.00
RETURNED CHECK 20.00
SHORT CERTIFICATE 5.00
SMALL ESTATE (DECEDENTS or MINORS) 30.00*****
STIPULATION 10.00
SUBPOENA 5.00
TRUSTEE
   Petition for appointment 25.00*****
   Entry of security 10.00
   Report of Trustee and litem 10.00
   Resignation 10.00
NOTE:  In cases not herein specifically provided for, the Clerk of Orphans' Court shall make the same charge as that imposed for services of a substantially similar nature. All orders heretofore establishing fee bill for the Clerk of Orphans' Court of York County shall be revoked and superseded as of the effective date hereof.

By the Court:

Honorable John H. Chronister   
President Judge in the Court of Common Please
of York County, Pennsylvania

[Pa.B. Doc. No. 03-56. Filed for public inspection January 10, 2003, 9:00 a.m.]



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