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RICHARD KLUSMAN ON BEHALF HIMSELF AND ALL OTHERS SIMILARLY SITUATED AND WILLIAM VAN HORN v. BUCKS COUNTY COURT COMMON PLEAS AND H. PAUL KESTER (03/09/87)

decided: March 9, 1987.

RICHARD KLUSMAN ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED AND WILLIAM VAN HORN, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PETITIONERS
v.
BUCKS COUNTY COURT OF COMMON PLEAS AND H. PAUL KESTER, COURT ADMINISTRATOR, RESPONDENTS



Original Jurisdiction in the case of Richard Klusman, on behalf of himself and all others similarly situated and William Van Horn, on behalf of himself and all others similarly situated v. Bucks County Court of Common Pleas and H. Paul Kester, Court Administrator.

COUNSEL

Neil A. Morris, Of Counsel: Sidkoff, Pincus & Green, P.C., for petitioners.

Howland W. Abramson, with him, Charles W. Johns, for respondent, Bucks County Court of Common Pleas.

Peter A. Glascott, for respondent, County of Bucks.

President Judge Crumlish, Jr. and Judges Craig, MacPhail, Doyle, Barry, Colins and Palladino. Opinion by Judge MacPhail.

Author: Macphail

[ 104 Pa. Commw. Page 438]

In this class action*fn1 brought in our original jurisdiction, the Petitioners*fn2 request partial summary judgment against the Respondents*fn3 on the issue of liability for allegedly collecting funds in excess of that permitted by Section 1725.1 of the Judicial Code (Code), 42 Pa. C.S. ยง 1725.1. We will deny the motion.

[ 104 Pa. Commw. Page 439]

Subsection (a) of Section 1725.1 of the Code establishes the costs to be charged by the minor judiciary in civil cases and concludes with this statement: "Said costs shall not include, however, the cost of postage and registered mail which shall be borne by the plaintiff."

On December 4, 1980, a memorandum was sent from the office of the Court Administrator of Bucks County to all district courts which provided, in pertinent part, that:

[T]he following schedule of postal charges is effective January 1, 1981 for all Bucks County District Courts:

Trespass and assumpsit $6.00

Landlord and Tenant ...


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