Harrisburg District Judge sued by constable for refusing to pay more than $9,000 in fees
HARRISBURG, PA (December 14, 2014) – District Judge Marsha C. Stewart is refusing to pay an area constable more than $9,000 in fees he earned by serving papers for her court, according to a lawsuit filed by Scaringi & Scaringi, P.C.
The lawsuit, filed Friday in Commonwealth Court, also alleges Judge Stewart’s office owes approximately $76,000 in fees to constables serving papers for her court, according to records from the Administrative Office of Pennsylvania Courts.
Brian C. Caffrey, the attorney with Harrisburg-based Scaringi & Scaringi, P.C. who is representing Constable David Kneller, said his client filed the lawsuit after his submission of sufficient and proper claims for payment were disregarded.
“Under Pennsylvania law, a judge is required to make prompt payment to the constable after the constable’s providing proper proof of having served papers issued by the court,’’ Caffrey said.
Kneller, of Lebanon County, has served arrest warrants issued by Judge Stewart’s office for two years. Attached to the lawsuit is a list of arrest warrants Kneller has served for fees ranging from $25 to more than $50.
“Despite Constable David Kneller’s having provided District Judge Marsha Stewart’s court with proper proof of service, Judge Stewart has failed to pay Constable Kneller more than $9,000 in fees,’’ Caffrey said.
“We have filed suit in Commonwealth Court to ensure that the court complies with the law and pays our client for executing arrest warrants for those who are wanted by the court,’’ Caffrey said. “Our client is performing an important public service for the people of Dauphin County and the law requires that he be paid.’’