County of Mercer

Office of the Prothonotary
Information & History



            The Prothonotary is the Clerk of the Civil Division of the Court of Common Pleas.

 

            The word Prothonotary is a Latin word meaning “First Notary”.  This word dates back to Ecclesiastical Law as being the highest administrator of the Court of Rome and the First Notary, known as the Prelate of a body of 12 Notaries.  When a case was read for trial, the Prothonotary would notify the Judges when to appear in Court to try the case.

 

            Later, when the English Court system was established, the Prothonotary acted as the chief administrator in the English Courts of the King's Bench and Common Pleas.  When our American Court system was set up, we also adopted the same procedure as those being used by the English Courts.

 

            In Pennsylvania prior to 1790, the Prothonotary was appointed by the General Assembly.  The Prothonotary frequently found himself in the middle of angry buyers, sellers and surveyors because land records were also under his care.  Settlers and  speculators all wanted to make certain that inhabitants of the county advised him of any political action that ran contrary to the present interest of the day.  The Prothonotary, people knew, represented law and order.  From 1790 to 1838, it was appointed by the governor.  Since that time, the office has been an elective choice of its citizens.  The Prothonotary has a tremendous responsibility in the operation of the office and rightfully should be an elective official by the choice of the electorate.  It is a fee-operating office and is self-supporting.

 

            The Prothonotary has administrative control and responsibility for keeping and maintaining all official documents and records, as well as the official Seal of the Civil Division.  All civil litigation is filed with the Prothonotary.  A few examples include the following:  unpaid debt complaints, malpractice actions, mortgage foreclosures, personal injury cases, equity actions, replevin, district justice civil judgment appeals, license suspension appeals, administrative agency appeals, actions in ejectment, condemnation proceedings, family court matters such as divorce, child custody and protection from abuse cases.  Mechanics' liens, municipal claims and federal and Commonwealth tax liens.  The Prothonotary is also responsible for recording the notary public signatures and the naturalization of new citizens of the United States at a ceremony once a year and also the Acceptance Agency for U.S. Passport applications.

 

            All of the records maintained by the Prothonotary are available to the public unless they are sealed by the Court.  Prothonotary Elizabeth Fair and her staff automated the office in January, 1994 as she stated was necessary in order to maintain the large volume of documents.  At the same time, thru attrition has reduced staff by one full time person and one part time person.  The Prothonotary's Office was the first court office to automate the office inability other offices to view the records by use of the public access terminals.  Prothonotary Fair also was the first to implement imaging technology in the Prothonotary's Office which allows quick access to documents and preserves the documents for the future.

 

            Revenues to the county from the Prothonotary's Office have increases over $80,000.00 yearly since 1992.  It is the goal of the Prothonotary to continue to operate the office efficiently and at the least cost to the taxpayers.