Carbon County Court of Common Pleas

Administrative Orders 2016

Updated 7/30/18

ADMINISTRATIVE ORDER NO. 1-2016                                     Appointment of Master in Divorce

ADMINISTRATIVE ORDER NO. 2-2016                                     Appointment of Mental Health Review Officers for 2016

ADMINISTRATIVE ORDER NO. 3-2016                                     Appointment of Custody Hearing Officers for 2016

ADMINISTRATIVE ORDER NO. 4-2016                                     Summoning of Jurors for Carbon County Jury Selection

ADMINISTRATIVE ORDER NO. 5-2016                                     Appointment of Board of Viewers

AMENDED ADMINISTRATIVE ORDER NO. 5-2016                  Appointment of Board of Viewers

SECOND AMENDED ADMINISTRATIVE ORDER NO. 5-2016   Appointment of Board of Viewers

ADMINISTRATIVE ORDER NO. 6-2016                                     Hours of Operation in the Magisterial District Courts

ADMINISTRATIVE ORDER NO. 7-2016                                     Availability and Temporary Assignments of Magisterial District Judges

ADMINISTRATIVE ORDER NO. 8-2016                                     Amendment of Local Rules of Civil Procedure CARB.R.C.P.1028 (c) Preliminary Objections, CARB.R.C.P.1034 (a) Motion for Judgment on the Pleadings and CARB.R.C.P.1035.2 (a) Motion for Summary Judgment

                                                                                                      Rule 1028(c)-Preliminary Objections

                                                                                                      Rule 1034(a)-Motion for Judgment on the Pleadings

                                                                                                      Rule 1035.2(a)-Motion for Summary Judgment

ADMINISTRATIVE ORDER NO. 9-2016                                     Revision of Carbon County Local Rule of Criminal Procedure 117 – Coverage: Issuing Warrants; Preliminary Arraignments and Summary Trials; and Settings and Accepting Bail

                                                                                                      Rule 117-Coverage: Issuing Warrants; Preliminary Arraignments and Summary Trials; and Setting and Accepting Bail

ADMINISTRATIVE ORDER NO. 10-2016                                   Adoption of 56th Judicial District – Constable Manual for Carbon County

                                                                                                      Constable Manual

ADMINISTRATIVE ORDER NO. 11-2016                                   Availability and Temporary Assignments of Magisterial District Judges

ADMINISTRATIVE ORDER NO. 12-2016                                   Amendment of Local Rule of Civil Procedure CARB.R.C.P. 1915.3 Commencement of Action. Complaint. Order.

                                                                                                      Rule 1915.3-Commencement of Action. Complaint. Order.

ADMINISTRATIVE ORDER NO. 13-2016                                   Amendment of 56th Judicial District – Constable Manual for Carbon County

                                                                                                      Constable Manual

ADMINISTRATIVE ORDER NO. 14-2016                                   Amendment of Carbon County Local Rule of Judicial Administration 1901 – Prompt Disposition of Matters; Termination of Inactive Cases

                                                                                                      Rule 1901-Prompt Disposition of Matters; Termination of Inactive Cases

ADMINISTRATIVE ORDER NO. 15-2016                                   List of Qualified Counselors and Counseling Services

                                                                                                      Counseling Agencies

ADMINISTRATIVE ORDER NO. 16-2016                                   Suspension of George T. Bottomley, Jr.

 

ADMINISTRATIVE ORDER NO. 17-2016                                   Appointment of Master in Divorce

 

ADMINISTRATIVE ORDER NO. 18-2016                                   Adoption of New Local Rules of Judicial Administration Governing Court Reporting and Transcripts

 

                                                                                                      Rule 101-Title and Citation

 

                                                                                                      Rule 4007-Submitting and Processing Transcript Requests-Local Rule

 

                                                                                                      Rule 4008-Transcript Costs Payable By a Requesting Party-Local Rule

 

                                                                                                      Rule 4009-Compensation to be Paid to Court Reporters-Local Rule

 

                                                                                                      Rule 4014-Automatic Redaction of Certain Personal Data Identifiers-Local Rule

 

                                                                                                      Rule 4016-Storage and Retention of Exhibits-Local Rule

 

ADMINISTRATIVE ORDER NO. 19-2016                                   Availability and Temporary Assignments of Magisterial District Judges

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

 

CIVIL ACTION

 

                                                                   IN RE:          APPOINTMENT OF                 :

                                                                                        MASTER IN DIVORCE            :            NO.     16-0001

                                                                                        FOR 2016                                :

 

 

ADMINISTRATIVE ORDER 1-2016

 

          AND NOW, this 4th day of January, 2016, in order to implement the Local Rules of Court relating to actions for divorce, it is hereby

          ORDERED and DECREED that SAMUEL F. FELDMAN, Esquire be and is hereby APPOINTED MASTER for divorce proceedings effective January 1, 2016 until December 31, 2016.  The Master shall be compensated at the rate of FIFTY DOLLARS ($50.00) per hour for each Master Hearing actually conducted.

                                                                                                                           

                                                                                                                             BY THE COURT:

                                                                                                                                

                                                                                                                            ______________________________

                                                                                                                                                  ROGER N. NANOVIC, P.J.

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL ACTION

 

                                                                   IN RE:           APPOINTMENT OF                :

                                                                                         MENTAL HEALTH                   :  NO. 16-0002

                                                                                         REVIEW OFFICERS               :

                                                                                         FOR 2016                               :

ADMINISTRATIVE ORDER 2-2016

          AND NOW, this 4th day of January, 2016, in order to implement the Local Rules of Court relating to actions for mental disability and intellectual disability, it is hereby

          ORDERED and DECREED that JENNY Y. C. CHENG, Esquire and ADAM R. WEAVER, Esquire are hereby APPOINTED as MENTAL HEALTH REVIEW OFFICERS MENTAL HEALTH REVIEW OFFICERS effective January 1, 2016 until December 31, 2016 for Mental Disability and Intellectual Disability proceedings for Carbon County residents and for such proceedings held in Carbon County for non-residents of Carbon County.  The appointments shall alternate every two (2) months as follows

                                                                                                January & February:                     Adam Weaver, Esquire

                                                                                                March & April:                               Jenny Y. C. Cheng, Esquire

                                                                                                May & June:                                   Adam Weaver, Esquire

                                                                                                July & August:                               Jenny Y. C. Cheng, Esquire

                                                                                                September & October:                  Adam Weaver, Esquire

                                                                                                November & December:               Jenny Y. C. Cheng, Esquire

                                                                                                                            

                                                                                                                             BY THE COURT:

 

                                                                                                                             ______________________________

                                                                                                                                                  ROGER N. NANOVIC, P.J.

 

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

 

CIVIL ACTION

 

                                                                   IN RE:          APPOINTMENT OF                                 :

                                                                                                       CUSTODY HEARING OFFICERS             :  NO. 16-0003

                                                                                                       FOR 2016                                                :

ADMINISTRATIVE ORDER 3-2016

                   AND NOW, this 4th day of January, 2016, in order to implement the Local Rules of Court relating to actions for child custody and visitation, it is hereby

                   ORDERED and DECREED that SAMUEL F. FELDMAN, Esquire and EILEEN M. DIEHL, Esquire be and are hereby APPOINTED CUSTODY HEARING OFFICERS for visitation and custody proceedings effective January 1, 2016 until December 31, 2016.  The Custody Hearing Officers shall be compensated at the rate of FIFTY DOLLARS ($50.00) for each Preliminary Conference actually conducted resulting in the filing of an interim order and SEVENTY-FIVE DOLLARS ($75.00) per hour for each Final Hearing actually conducted where a final order is disposing of the case.

                                                                                                                             BY THE COURT:

 

                                                                                                                             ______________________________

                                                                                                                                                ROGER N. NANOVIC, P.J.

 

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

 

                                                                   IN RE:         SUMMONING OF JURORS            :

                                                                                                                                                                  :    No.  CP-13-AD-0000001-2016

                                                                                       FOR CARBON COUNTY                  :

                                                                                                                                                :

                                                                                       JURY SELECTION                           :

ADMINISTRATIVE ORDER 4-2016

                   AND NOW, this 4th day of January, 2016, pursuant to 42 Pa.C.S.A. 4531, it is hereby

                   ORDERED and DECREED, that Court Administration, effective immediately,  SHALL SELECT at random from the Master List of prospective jurors three hundred fifty (350) names for the scheduled Terms of Court for 2016 with the exact number of jurors reporting to be determined by the Court prior to the beginning of trials.

                                                                                                                             BY THE COURT:

 

                                                                                                                                                                                      

                                                                                                                                                ROGER N. NANOVIC, P.J.

 

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

 

CIVIL ACTION – LAW

 

                                                                   IN RE:            APPOINTMENT OF                 :

                                                                                                                                          :            NO. 16-0004

                                                                                          BOARD OF VIEWERS             :

ADMINISTRATIVE ORDER NO. 5-2016

                        AND NOW, this 4th day of January, 2016, by the authority vested in this Court under the provisions of the Judicial Code, 42 Pa.C.S.A. 2142, it is hereby

                        ORDERED and DECREED that the following shall be the members of the CARBON COUNTY BOARD OF VIEWERS, to serve for a term of THREE (3) YEARS, effective January 1, 2016 to December 31, 2018:

                                                                                                                        ANTHONY ROBERTI, ESQUIRE

                                                                                                                        56 Broadway

                                                                                                                        Jim Thorpe, PA   18229

 

                                                                                                                        WILLIAM E. MCDONALD, ESQUIRE

                                                                                                                        113 West Ridge Street

                                                                                                                        P.O. Box 130

                                                                                                                        Lansford, PA   18232

 

                                                                                                                        GERALD F. STRUBINGER, JR., ESQUIRE

                                                                                                                        505 Delaware Avenue

                                                                                                                        Palmerton, PA   18071

                                                                                                                                                                

                                                                                                                                                           GAIL A. CHRISTMAN

                                                                                                                        157 South First Street

                                                                                                                        Lehighton, PA   18235

 

                                                                                                                        VINCENT F. GILOTTI

                                                                                                                        735 Overlook Road

                                                                                                                        Lehighton, PA   18235

 

                                                                                                                        RENE J. FOUGERAY, JR.

                                                                                                                        Evergreen Real Estate

                                                                                                                        801 Interchange Road

                                                                                                                        Lehighton, PA   18235

 

                                                                                                                        EVA M. DUGAN

                                                                                                                        5660 Interchange Road

                                                                                                                        Lehighton, PA   18235

 

                                                                                                                        JAMES A. CHRISTMAN

                                                                                                                        362 Delaware Avenue

                                                                                                                        Palmerton, PA   18071

 

                                                                                                                                                              BY THE COURT:

                                                                                                                                                            _________________________

                                                                                                                                                                                                          P.J.

 

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

 

CIVIL ACTION – LAW

 

                                                                   IN RE:           APPOINTMENT OF                 :

                                                                                                                                         :            NO. 16-0004

                                                                                         BOARD OF VIEWERS             :

AMENDED ADMINISTRATIVE ORDER NO. 5-2016

                        AND NOW, this 28th day of January, 2016, by the authority vested in this Court under the provisions of the Judicial Code, 42 Pa.C.S.A. 2142, it is hereby

                        ORDERED and DECREED that the following shall be the members of the CARBON COUNTY BOARD OF VIEWERS, to serve for a term of THREE (3) YEARS, effective January 1, 2016 to December 31, 2018:

                                                                                                                        ANTHONY ROBERTI, ESQUIRE

                                                                                                                        56 Broadway

                                                                                                                        Jim Thorpe, PA   18229

 

                                                                                                                        WILLIAM E. MCDONALD, ESQUIRE

                                                                                                                        113 West Ridge Street

                                                                                                                        P.O. Box 130

                                                                                                                        Lansford, PA   18232

 

                                                                                                                        GERALD F. STRUBINGER, JR., ESQUIRE

                                                                                                                        505 Delaware Avenue

                                                                                                                        Palmerton, PA   18071

 

                                                                                                                        GAIL A. CHRISTMAN

                                                                                                                        157 South First Street

                                                                                                                        Lehighton, PA   18235

 

                                                                                                                        CARLENE ANDRESS

                                                                                                                        Andress Appraisals

                                                                                                                        517 Delaware Avenue

                                                                                                                        Palmerton, PA   18071

 

                                                                                                                        RENE J. FOUGERAY, JR.

                                                                                                                        Evergreen Real Estate

                                                                                                                        801 Interchange Road

                                                                                                                        Lehighton, PA   18235

 

                                                                                                                        EVA M. DUGAN

                                                                                                                        5660 Interchange Road

                                                                                                                        Lehighton, PA   18235

 

                                                                                                                        JAMES A. CHRISTMAN

                                                                                                                        362 Delaware Avenue

                                                                                                                        Palmerton, PA   18071

 

                                                                                                                                                            BY THE COURT:

                                                                                                                                                            _________________________

                                                                                                                                                                                                            P.J.

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

          CIVIL ACTION - LAW

 

                                                                   IN RE:         APPOINTMENT OF         :

                                                                                                                               :      NO. 16-0004

                                                                                       BOARD OF VIEWERS     :

 

 

SECOND AMENDED

ADMINISTRATIVE ORDER NO. 5-2016

 

                    AND NOW, this 24th day of July, 2018, by the authority vested in this Court under the provisions of the Judicial Code, 42 Pa.C.S.A. 2142, it is hereby

                    ORDERED and DECREED that the following shall be the members of the CARBON COUNTY BOARD OF VIEWERS effective from July 17, 2018 until December 31, 2018:

                                                                                                ANTHONY ROBERTI, ESQUIRE

                                                                                                56 Broadway

                                                                                                Jim Thorpe, PA   18229

 

                                                                                                WILLIAM E. MCDONALD, ESQUIRE

                                                                                                113 West Ridge Street

                                                                                                P.O. Box 130

                                                                                                Lansford, PA   18232

 

                                                                                                GERALD F. STRUBINGER, JR., ESQUIRE

                                                                                                505 Delaware Avenue

                                                                                                Palmerton, PA   18071

 

                                                                                                MICHAEL J. GARFIELD, ESQUIRE

                                                                                                2588 State Route 903

                                                                                                P.O. Box 609

                                                                                                Albrightsville, PA  18210

                            

                                                                                                GAIL A. CHRISTMAN

                                                                                                157 South First Street

                                                                                                Lehighton, PA   18235

 

                                                                                                CARLENE ANDRESS

                                                                                                Andress Appraisals

                                                                                                517 Delaware Avenue

                                                                                                Palmerton, PA   18071

                            

                                                                                                JAMES A. CHRISTMAN

                                                                                                362 Delaware Avenue

                                                                                                Palmerton, PA   18071

 

 

                                                                                                                             BY THE COURT:

 

 

                                                                                                                              _________________________

                                                                                                                                                                   P.J.

 

 

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

CRIMINAL DIVISION

 

                                                                   IN RE:              HOURS OF OPERATION         :

                                                                                                                                             :           NO. 16-0005

                                                                                                            IN THE MAGISTERIAL            :        CP-13-AD-0000002-2016

                                                                                                                                                                      :

                                                                                      DISTRICT COURTS                  :  

     

ADMINISTRATIVE ORDER 6-2016

                   AND NOW, this 4th day of January, 2016, pursuant to Pa.R.J.A. 605 (B) (5) and in connection with the official action taken by the Carbon County Commissioners on January 4, 2016, it is hereby

                   ORDERED and DECREED that the hours of operation in the Magisterial District Courts 56-3-01, 56-2-02, 56-3-03 and 56-3-04 are CHANGED to 8:00 A.M. to 4:30 P.M., Eastern Standard Time, Monday through Friday, commencing January 1, 2016.

 

                                                                                                                             BY THE COURT:

 

                                                                                                                             _­___________________________

                                                                                                                                       ROGER N. NANOVIC, P.J.

 

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

CRIMINAL DIVISION

 

                                                                   IN RE:            AVAILABILITY AND                                :          NO. 16-0081

                                                                                                         TEMPORARY ASSIGNMENTS OF            :           CP-13-AD-0000003-2016        

                                                                                          MAGISTERIAL DISTRICT JUDGES        :        

 

ADMINISTRATIVE ORDER 7-2016

 

                        AND NOW, this 13th day of January, 2016, in order to ensure compliance with Pa.R.C.P.M.D.J.112 governing the Rules of Conduct, Office Standards, and Civil Procedure for Magisterial District Judges, Pa.R.Crim.P. 132 governing the Temporary Assignment of Issuing Authorities, Pa.R.C.P. 1901.2 governing Scheduling of Temporary Protection From Abuse matters, Carbon County’s Administrative Order 27-2001 governing when the Court is available to address Temporary Protection From Abuse matters, Carbon County Local Rule CARB.R.C.P. 1901.5 governing Enforcement of Protection From Abuse matters and 35 P.S. § 10225.307 governing Involuntary Intervention by Emergency Court Order under the Older Adult Protective Services Act, it is hereby

                        ORDERED and DECREED that the schedule attached hereto be and is hereby APPROVED and said attachment SHALL ESTABLISH the on-call schedule and temporary assignments for the Magisterial District Judges of Carbon County for the period of February 1, 2016 through July 31, 2016.

                        IT IS FURTHER ORDERED AND DECREED that the same Magisterial District Judge temporarily assigned on this schedule SHALL SERVE as the temporary issuing authority during regularly scheduled hours for any  Magisterial District Judge unavailable due to duties outside the county, mandatory continuing education classes, illness or vacation.

                                                                                                                              BY THE COURT:

 

                                                                                                                              ______________________________

                                                                                                                                                   ROGER N. NANOVIC, P.J.


SCHEDULE FOR OTHER THAN REGULARLY SCHEDULED HOURS AND EMERGENCIES FOR CARBON COUNTY MAGISTERIAL DISTRICT JUDGE COURTS 3-1, 3-2, 3-3 AND 3-4 BEGINNING 4:30 P. M. EACH MONDAY AND ENDING THE FOLLOWING MONDAY AT 4:30 P. M.

 

February 1, 2016

February 8, 2016

February 15, 2016

February 22, 2016

February 29, 2016

 

March 7, 2016

March 14, 2016

March 21, 2016

March 28, 2016

 

April 4, 2016

April 11, 2016

April 18, 2016

April 25, 2016

 

May 2, 2016

May 9, 2016

May 16, 2016

May 23, 2016

May 30, 2016

 

June 6, 2016

June 13, 2016

June 20, 2016

June 27, 2016

 

July 4, 2016

July 11, 2016

July 18, 2016

July 25, 2016

 

 

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge William J. Kissner

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Joseph D. Homanko

 

Magisterial District Judge William J. Kissner

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Casimir T. Kosciolek

 

Magisterial District Judge William J. Kissner

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge William J. Kissner

Magisterial District Judge Joseph D. Homanko

 

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge William J. Kissner

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge William J. Kissner

 

Magisterial District Judge William J. Kissner

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge Joseph D. Homanko

 

Magisterial District Judge William J. Kissner

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge William J. Kissner

 

 

Court 3-3

Court 3-2

Court 3-4

Court 3-3

Court 3-4

 

Court 3-2

Court 3-4

Court 3-3

Court 3-3

 

Court 3-2

Court 3-3

Court 3-2

Court 3-4

 

Court 3-3

Court 3-2

Court 3-3

Court 3-4

Court 3-2

 

Court 3-2

Court 3-3

Court 3-4

Court 3-4

 

Court 3-2

Court 3-3

Court 3-4

Court 3-2

 

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

 

CIVIL DIVISION

 

                                                                   IN RE :      AMENDMENT OF LOCAL RULES OF                         :

                                                                                     CIVIL PROCEDURE CARB.R.C.P.1028 (c)               :

                                                                                     PRELIMINARY OBJECTIONS, CARB.R.C.P.             :

                                                                                     1034(a) MOTION FOR JUDGMENT ON                   :          NO.  16-0382

                                                                                     THE PLEADINGS AND CARB.R.C.P.                         :

                                                                                     1035.2 (a) MOTION FOR SUMMARY                      :

                                                                                     JUDGMENT                                                               :

 

ADMINISTRATIVE ORDER NO. 8-2016

            AND NOW, this 24th day of February, 2016, it is hereby

            ORDERED and DECREED that, effective April 1, 2016, the Carbon County Court of Common Pleas AMENDS Carbon County Rules of Civil Procedure CARB.R.C.P.  1028 (c) governing Preliminary Objections, Carbon County Rule of Civil Procedure CARB.R.C.P. 1034 (a) governing a Motion for Judgment on the Pleadings, and Carbon County Rule of Civil Procedure CARB.R.C.P. 1035.2 (a) governing a Motion for Summary Judgment.

          The Carbon County District Court Administrator is ORDERED and DIRECTED to

 

1.      File one (1) certified copy of this Administrative Order with the Administrative Office of Pennsylvania Courts.

2.      File two (2) certified copies and one (1) computer diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

3.      Publish the Rules on the UJS Portal at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.

4.      File one (1) certified copy with the Civil Procedural Rules Committee.

5.      Forward one (1) copy for publication in the Carbon County Law Journal.

6.      Forward one (1) copy to the Carbon County Law Library.

7.      Keep continuously available for public inspection copies of the Administrative Order and Rules in the Prothonotary’s Office.

                                                                       

                                                                                                                             BY THE COURT:

 

                                                                                                                      ___________________________________

                                                                                                                             ROGER N. NANOVIC, PRESIDENT JUDGE

RULE 1028(c) - PRELIMINARY OBJECTIONS

1      A proposed order shall be attached to all preliminary objections.

2      The moving party shall simultaneously file a brief in support of the preliminary objections.  See CARB.R.C.P.210 for form, content of brief, service and filing requirements.

3      The adverse party shall file an answer when endorsed with a Notice to Plead.

4      If an amended pleading is not filed within twenty (20) days of service of the preliminary objections, the matter shall be decided on briefs unless the assigned Judge requests that argument be scheduled.  If a party desires argument, a Praecipe for Argument shall accompany the motion or be filed by the respondent within twenty (20) days of service of the preliminary objections.  A respondent briefing schedule will be issued by the Court contemporaneous with the scheduling of argument, if so ordered by the Judge.  If the matter is to be decided on briefs, a respondent briefing schedule will be issued.

5      If the Preliminary Objections raise issues of fact not of record, evidence by way of depositions or otherwise shall be filed of record to enable the objections to be properly decided.

Effective July 26, 2004

Revision effective April 1, 2016

 

RULE 1034(a) - MOTION FOR JUDGMENT ON THE PLEADINGS.

1      A party moving for judgment on the pleadings shall simultaneously file with the motion a proposed order and supporting brief. If a brief is not filed with the motion, the motion shall be deemed withdrawn, without prejudice, upon motion of the opposing party.  A certificate of service in conformance with Pa.R.C.P.208.2 (a) (5) shall be attached to the motion.  Pa.R.C.P.440 governs service.  Service shall be required on the District Court Administrator.  For form of briefs, see CARB.R.C.P.210.

2      A response shall be filed within twenty (20) days after service of the motion.

3      If a party desires argument, a Praecipe for Argument shall accompany the motion or response.  However, the Court may dispose of any motion without oral argument.

4      A respondent briefing schedule will be issued by the Court contemporaneous with the scheduling of any argument ordered by the Judge.  If the matter is to be decided on briefs, a respondent briefing schedule will be issued.

5      A party who fails to respond to the motion may be deemed to have no opposition to its grant.

6      A party who fails to file a brief shall not be permitted to argue.

Effective July 26, 2004

Revision effective April 1, 2016

 

RULE 1035.2(a) – MOTION FOR SUMMARY JUDGMENT

1      A party moving for summary judgment shall simultaneously file with the motion a proposed order and supporting brief. If a brief is not filed with the motion, the motion shall be deemed withdrawn, without prejudice, upon motion of the opposing party.  A certificate of service in conformance with Pa.R.C.P.208.2 (a) (5) shall be attached to the motion.  Pa.R.C.P.440 governs service.  Service shall be required on the District Court Administrator.  For form of briefs, see CARB.R.C.P.210.

2      Any party opposing the motion shall file a response within thirty (30) days of service of the motion, together with a certificate of service evidencing service in accordance with number one above.  Service shall be required on the District Court Administrator. A party who fails to respond to the motion shall be deemed to be unopposed to the granting of the motion without contest.

3      Upon service of the motion and response on the District Court Administrator, the matter shall be decided on briefs unless the assigned Judge orders that argument be scheduled.  If a party desires argument, a Praecipe for Argument shall accompany the motion or response.  However, the Court may dispose of any motion without oral argument.

4      A respondent briefing schedule will be issued by the Court contemporaneous with the scheduling of any argument ordered by the Judge or requested by the filing of the Praecipe for Argument.  If the matter is to be decided on briefs, a respondent briefing schedule will be issued.

5      A party who fails to file a brief shall not be permitted to argue.

Effective July 26, 2004

Revision effective April 1, 2016

 

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

 

                                                                   IN RE:         REVISION OF CARBON COUNTY                 :

                                                                                  LOCAL RULE OF CRIMINAL                         :

                                                                                       PROCEDURE 117 – COVERAGE:                  :

                                                                                       ISSUING WARRANTS;                                  :  NO. CP-13-AD-0000004-2016

                                                                                       PRELIMINARY ARRAIGNMENTS                 :           (Old No.   103 MI 00)

                                                                                       AND SUMMARY TRIALS;                              :

                                                                                                      AND SETTING AND ACCEPTING                  :

                                                                                       BAIL                                                               :

 

ADMINISTRATIVE ORDER NO. 9-2016

 

          AND NOW, this 24th day of February, 2016, pursuant to Pa.R.Crim.P. 117, it is hereby

          ORDERED and DECREED, that effective April 1, 2016, the Carbon County Court of Common Pleas REVISES Local Rule of Criminal Procedure CARB.R.Crim.P. 117 governing coverage for issuing warrants, conducting preliminary arraignments and summary trials and setting and accepting bail.

          The Carbon County District Court Administrator is ORDERED and DIRECTED to do the following:

1.      File one (1) certified copy of this Administrative Order with the Administrative Office of Pennsylvania Courts.

2.      File two (2) certified copies, one (1) computer diskette and a copy of the written notification received from the Criminal Procedural Rules Committee with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

3.      Publish a copy of this Administrative Order on the Unified Judicial System’s website at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.

4.      Forward one (1) copy for publication in the Carbon County Law Journal.

5.      Forward one (1) copy to the Carbon County Law Library.

6.      Keep continuously available for public inspection copies of the Order in the Clerk of Courts’ Office.

 

                                                                                                                             BY THE COURT:

 

                                                                                                                                                                                      

                                                                                                                                                ROGER N. NANOVIC, P.J.

 

RULE 117      COVERAGE:  ISSUING WARRANTS; PRELIMINARY ARRAIGNMENTS AND SUMMARY TRIALS; AND SETTING AND ACCEPTING BAIL.

1.            Each Magisterial District Court Office shall be open for regular business on Mondays through Fridays, excluding holidays, from 8:00 A.M. to 4:30 P.M., prevailing time, which times may be modified with the approval of the President Judge to meet the needs of the public and the Court.

2.            A Magisterial District Judge shall be available on-call at all times of all days without unreasonable delay to provide continuous coverage for the issuance of search warrants and arrest warrants, for the setting and acceptance of bail, and for the issuance of emergency orders under the Protection From Abuse Act, the Act of March 21, 2014, P. L. 365, No. 25 relating to the Protection of Victims of Sexual Violence or Intimidation, and the Older Adult Protective Services Act.  This rule shall be satisfied by number 3 and 4 below.

3.            The President Judge shall establish the schedule of assignment of Magisterial District Judges to on-call duty for availability on a rotating basis pursuant to a semi-annual/annual schedule prepared by the District Court Administrator.  When a Magisterial District Judge who has jurisdiction over a particular matter is unavailable during regular business hours, authority to act is transferred to other Magisterial District Judges in the 56th Judicial District pursuant to the aforesaid assignment to on-call duty stated above. 

4.            Magisterial District Judges during regular business hours, an on-call Magisterial District Judge while on-call, the Clerk of Courts during business hours and the Warden, or in his absence, the Deputy Warden or Sergeant in charge of the Carbon County Correctional Facility, shall be authorized to accept bail in accordance with the provisions, and subject to the limitations of the Pennsylvania Rules of Criminal Procedure.

5.            A Magisterial District Judge assigned to on-call duty shall be available for preliminary arraignments in accordance with the following schedule:

A.       For arrests occurring after the close of regular business hours but before 8:00 P.M., and for arrests occurring on weekends or holidays between 8:00 A.M. and 8:00 P.M., the Magisterial District Judge shall respond to the call and conduct a preliminary arraignment utilizing the on-screen video arraignment connection between the police station and the Magisterial District Court prior to detention at the Carbon County Correctional Facility.  Scheduling of the arraignment shall be initiated by the arresting officer contacting the Comm. Center by telephone and requesting an arraignment.  Arraignments shall be scheduled whenever:

1.       The defendant is arrested pursuant to a warrant, and

2.       In those circumstances where an arrest has been made without a warrant and for which the defendant is to be afforded a preliminary arraignment without unnecessary delay, (See Pa.R.Crim.P. 519), after the completion of the criminal complaint.

B.       For arrests occurring after 8:00 P.M. but before 8:00 A.M. on weekends or holidays, and before 8:00 A.M. on weekdays, preliminary arraignments shall be scheduled as follows:

                   1.       For arrests pursuant to a warrant and those arrests requiring preliminary arraignment pursuant to Pennsylvania Rule of Criminal Procedure 519, the arresting agency, including the state police, municipal police or sheriff, is authorized to detain the prisoner at the Carbon County Correctional Facility until 8:00 A.M. the following morning.  For Defendants so detained, the on-call Magisterial District Judge shall appear in person or by advanced communication technology at the Carbon County Correctional Facility at 8:00 A.M. to preside at the Preliminary Arraignment.  The on-call Magisterial District Judge shall contact the Carbon County Correctional Facility no later than 7:30 A.M. to determine whether any Defendants are so detained.

          2.       Prior to detaining a prisoner at the Carbon County Correctional Facility under this Rule, the arresting agency shall contact the facility to ascertain that adequate detention facilities are available for temporary detention in accordance with this Rule.  If no detention facilities are available at the facility, the arresting agency shall notify the on-call Magisterial District Judge through the Communication Center of that fact and a preliminary arraignment shall be required prior to detention or commitment to Prison.

          3.       The arresting agency detaining the Defendant shall provide the Magisterial District Judge with copies of the Criminal Complaint, of the Affidavit of Probable Cause in support thereof, and a copy of the Bail Information Sheet for Overnight Arraignments regarding the defendant’s criminal record and flight risk, and the officer’s bail recommendation, by depositing the same at the Carbon County Correctional Facility and faxing copies to the Magisterial District Court Office.  The arresting agency shall be responsible to deliver or mail within twenty-four (24) hours all original documents to the Magisterial District Court office who issued the warrant or within whose jurisdiction the offense occurred.

          4.       The arresting officer(s) need not appear at the Preliminary Arraignment provided the documents identified in paragraph (B) (3) are provided.  In the alternative, the arresting officer may appear at the Preliminary Arraignment in lieu of prior submission of these documents; however, no person shall be detained under this rule without the completion and submission of a completed criminal Complaint and Affidavit of Probable Cause.  A copy shall be delivered to the Carbon County Correctional Facility and a copy faxed to the Magisterial District Court office for the Judge’s use.

          5.       The provisions of this Rule allowing for temporary detention of prisoners shall not apply to the performance of any other duties of the on-duty Magisterial District Judge during the hours of 8:00 P.M. to 8:00 A.M.

          6.       The Carbon County Correctional Facility shall identify a detention area for prisoners so detained in accordance with the Standard Operating Procedures of the Carbon County Correctional Facility for temporary detention of individuals at the Prison.

          7.       The Carbon County Correctional Facility is directed to make available to the on-duty Magisterial District Judge appropriate space or advanced communication technology availability between the hours of 8:00 A.M. and 9:00 A.M. to perform the Preliminary Arraignment at the Prison.

          8.       Upon completion of the Preliminary Arraignment, the detention authorized by this Rule shall terminate and the person detained shall be processed in accordance with the Orders of the Magisterial District Judge at the Preliminary Arraignment or, if no Preliminary Arraignment has been done, the person shall be released from detention and the arresting agency shall arrange for the Preliminary Arraignment of the person otherwise in accordance with the Rules of Criminal Procedure.

          9.       If the Preliminary Arraignment is conducted by advanced communication technology, upon completion of the Preliminary Arraignment, copies of all commitment orders, bail orders, etc. shall be faxed from the Magisterial District Judge to the Carbon County Correctional Facility and the originals mailed to the Carbon County Correctional Facility on the next regular business day.  If the Preliminary Arraignment is conducted at the Correctional Facility, original documents shall be provided to the Carbon County Correctional Facility at the time of the Preliminary Arraignment.

C.       Nothing in this Rule shall alter the requirements of Carbon County Local Criminal Rules of Procedure 202 regarding approval of search warrant application by attorney for the Commonwealth and Rule 507 regarding approval of police complaints and arrest warrant affidavits by the Attorney for the Commonwealth.

Effective August 1, 2006

Revision effective April 1, 2016

 

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

 

                                                                                    IN RE:          ADOPTION OF 56TH JUDICIAL          :

                                                                                            DISTRICT - CONSTABLE MANUAL     : NO. CP-13-AD-0000005-2016

                                                                                                  FOR CARBON COUNTY                        :

 

ADMINISTRATIVE ORDER NO. 10-2016

 

          AND NOW, this 11th day of March, 2016, it is hereby

            ORDERED and DECREED, that effective May 1, 2016, the Carbon County Court of Common Pleas ADOPTS the attached Constable Manual governing the procedures to be followed by all Constables performing judicial duties for the 56th Judicial District.

          The Carbon County District Court Administrator is ORDERED and DIRECTED to do the following:

1.      File one (1) certified copy of this Administrative Order with the Administrative Office of Pennsylvania Courts.

2.      File two (2) certified copies and one (1) computer diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

3.      Publish a copy of this Administrative Order on the Unified Judicial System’s website at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.

4.      Forward one (1) copy for publication in the Carbon County Law Journal.

5.      Forward one (1) copy to the Carbon County Law Library.

6.      Keep continuously available for public inspection copies of the Order in the Clerk of Courts’ Office.

 

                                                                                                                             BY THE COURT:

 

                                                                                                                                                                                      

                                                                                                                                                ROGER N. NANOVIC, P.J.

 

CONSTABLE MANUAL

56th JUDICIAL DISTRICT

CARBON COUNTY, PENNSYLVANIA

 

Effective May 1, 2016


TABLE OF CONTENTS

I.             General Provisions

II.            Powers and Duties

III.           Warrant Procedures

IV.          Compensation

V.            Constable Code of Conduct

Appendix            Exhibit A – Acknowledgment

                                Exhibit B – Constable Payment Sheet


I.             GENERAL PROVISIONS

A.            Definitions - Subject to additional definitions contained in subsequent sections of this manual, the following words and phrases shall have, unless the context indicates otherwise, the meanings given to them in this section.

C.C.C.F. - Carbon County Correctional Facility 

Clerk of Courts - The official, and that official’s office, in the 56th Judicial District who, pursuant to 42 Pa. C.S.A. §§ 2756 and 2757, has the responsibility and function to maintain the official criminal case file and list of docket entries for each criminal proceeding, and to perform such other duties as required by rule or law.

Constable - All elected, court appointed, and/or deputy constables duly elected or appointed pursuant to statutory authority.  As elected or appointed officials, constables are independent contractors and are not employees of the Commonwealth, the judiciary, or the municipality in which they serve. 

Constable’s Education and Training Board (C.E.T.B.) - The Constable’s Education and Training Board established and created pursuant to 44 Pa. C.S.A. § 7143 responsible for developing basic training and firearms education for constables and to certify constables who perform judicial duties. 

Controller - The duly elected County Controller for the County of Carbon empowered with the rights, duties, and responsibilities under the County Code, 16 P.S. § 101 et seq. 

County - County of Carbon.

Court - The Court of Common Pleas for the 56th Judicial District.

Court Administrator - The District Court Administrator for the 56th Judicial District as designated by the Pennsylvania Supreme Court and the Administrative Offices of the Pennsylvania Courts. 

Court Official - The Judges of the Court of Common Pleas for the 56th Judicial District, the Magisterial District Judges for the 56th Judicial District, the Carbon County District Court Administrator, the Chief Adult Probation Officer for the Carbon County Probation Department, and all employees in the respective offices. 

Judicial Duties - Services and duties performed by a constable for the payment of fees as authorized by 44 Pa. C.S.A. § 7161, including all services specified therein regardless of whether a fee is actually sought by the constable or paid by the County. 

Magisterial District Judge – A public official having the power and authority of a magisterial district judge whose jurisdiction falls within the 56th Judicial District.

P.C.C.D. - Pennsylvania Commission on Crime and Delinquency.

Prothonotary– The duly elected Prothonotary for the 56th Judicial District empowered with the rights, duties, and responsibilities under 42 Pa. C.S.A. §§ 2736 and 2737, who has the responsibility to maintain official court records and to perform such other duties as required by rule or law. 

Sheriff – The duly elected Sheriff for the County of Carbon empowered with the rights, duties, and responsibilities under the County Code, 16 P.S. § 101 et seq., including all deputies appointed in compliance with the County Code. 

II.          POWERS AND DUTIES

A.            Requirements of Constables Performing Judicial Duties in the 56th Judicial District - Constables performing judicial duties within the 56th Judicial District must:

1.            Be certified by C.E.T.B.

2.            Post a bond with the Clerk of Courts’ Office in the sum of $2,500 conditioned upon the just and faithful discharge by the constable of the duties of his/her office.  The bond shall be held in trust for the use and benefit of persons who may sustain injury by reason of a constable’s neglect of duty.  Proof of the filing of a bond must be provided to the Court Administrator’s Office.  

3.            Maintain a policy of professional liability insurance providing coverage for the performance of judicial duties with a minimum coverage of $250,000 per incident and a minimum aggregate of $500,000 per year.  Proof of insurance coverage must be filed with the Clerk of Courts Office and the Court Administrator’s Office annually. 

4.            Maintain a valid and current Pennsylvania driver’s license and required financial responsibility (automobile insurance) on any vehicle used for the performance of judicial duties.  Proof of licensing and insurance must be provided to the Court Administrator’s Office as required by that office.  Absence of a driver’s license does not preclude a constable who is otherwise approved by the Court to perform judicial duties from working with a constable pursuant to 44 Pa. C.S.A. § 7161(c), provided the unlicensed or uninsured constable does not operate a motor vehicle.  However, unless accompanied by another constable who maintains a valid and current Pennsylvania driver’s license and required financial responsibility, a constable who does not possess a valid driver’s license or required financial responsibility shall not perform judicial duties. 

5.            Maintain current contact information with the Court Administrator’s Office.  Current contact information shall include constable’s current address, telephone number, and cell phone number.  Contact information shall also include information as to any other communication equipment utilized by the constable to perform judicial duties (e.g. pager, fax machine). 

6.            If carrying a firearm in the performance of judicial duties, a constable shall provide the Court Administrator’s Office with proof of certification or qualification to carry or use firearms as provided by 44 Pa. C.S.A. § 7148. 

7.            Complete and provide the Controller with all vendor authorization documents, including the production of a tax identification number as required by local, state, or federal law or policies and procedures of the Controller. 

8.            Provide the Court Administrator’s Office with an executed acknowledgment evidencing the constable has received a copy of the Pennsylvania Unified Judicial System Constable Policies, Procedures, and Standards of Conduct and understands the provisions and terms set forth therein.  The acknowledgment shall be in the form attached hereto as “Exhibit A.” 

9.            Provide the Court Administrator’s Office with an executed acknowledgment evidencing the constable has received a copy of the Constable Manual for the 56th Judicial District and understands the provisions and terms set forth in the manual governing the performance of judicial duties.  The acknowledgment shall be in the form attached hereto as “Exhibit A.” 

B.            Authorization to Perform Judicial Duties - No Magisterial District Judge, nor any other Court Official, shall request or otherwise authorize a constable to perform judicial duties, nor shall the Controller authorize payment of fees for a constable performing judicial duties, unless the constable has been designated by the Court Administrator’s Office as a constable authorized to perform judicial duties. 

1.            The Court Administrator’s Office shall maintain a list of all constables who are authorized to perform judicial duties within the 56th Judicial District.  The Court Administrator’s Office shall publish the list with all Magisterial District Judges in the 56th Judicial District; any other Court office utilizing constable services in the performance of judicial duties; the Controller; and the Clerk of Courts Office on a regular basis.  This list shall be updated and published at least annually.  In the event the privilege of a constable to perform judicial duties is revoked by the Court, the Court Administrator’s Office shall promptly notify the identified offices of the same. 

2.            The Court Administrator’s Office shall develop policy and procedure to effectuate and ensure a constable’s compliance with the requirements set forth in Section A above. 

C.            Removal of Authorization to Perform Judicial Duties - Although a constable may only be removed or disciplined for acts of malfeasance or misfeasance upon petition of the District Attorney or an individual citizen (see 13 P.S. § 31), a constable’s authorization to perform judicial duties pursuant to Section B above may be revoked at any time pursuant to the authority of the President Judge for the 56th Judicial District. 

1.                   A constable’s authority to perform judicial duties may be revoked in the following circumstances: 

a.            a constable permits his/her compliance with the requirements of Section A above to lapse;

b.            the constable commits a breach of the duties or requirements of this manual including, but not limited to, the Constable Code of Conduct as set forth in Section V herein;

c.             the constable commits any violation of the law while in the performance of judicial duties or is otherwise convicted of criminal conduct which places the integrity or honesty of the constable at issue;

d.            the constable commits any act which jeopardizes public trust in or brings disrespect to the Court.   

2.                   Court Officials who know, or have reason to believe, that a constable has committed a violation of the Code of Conduct or the provisions of the Constable Manual shall promptly inform the Court Administrator’s Office of the same. 

3.                   All complaints of constable misconduct, including complaints related to failure to comply with the Constable Manual, shall be promptly investigated by the Court Administrator.  The results of the investigation shall be provided to the President Judge for further action, if any. 

D.            Minimum Requirements - Compliance with the provisions of this manual does not guarantee a constable the right to perform judicial duties for a Magisterial District Judge.  Rather, the provisions of this section set forth the minimum requirements which must be complied with before a constable may be utilized by a Magisterial District Judge to perform judicial duties.  Magisterial District Judges retain the right to assign constable work within their reasonable discretion provided the utilized constable is otherwise in compliance with this section. 

III.           WARRANT PROCEDURES

A.                  Definitions - The following words and phrases shall have, unless the context indicates otherwise, the meanings given to them in this section. 

                Legal Holiday - For purposes of this manual, the following shall be defined as legal holidays:  New Year’s Day, Martin Luther King, Jr.'s Day, Presidents' Day, Good Friday, Easter, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, the Day after Thanksgiving Day, and Christmas Day.  For those holidays identified herein which annually fall on a rotating calendar day, the actual date shall be defined as the day designated as the federal holiday.   

                Arrest Warrant - An arrest warrant for a misdemeanor/felony offense issued pursuant to Pa. R. Crim. P. 513 et. al by a Magisterial District Judge for private criminal complaints, including those filed by the Pennsylvania Department of Inspector General,  and which have been approved by the District Attorney's Office.

                Summary Warrant - A warrant issued by a Magisterial District Judge pursuant to Pa. R. Crim. P. 430.  This definition includes both arrest warrants and bench warrants issued pursuant to Rule 430. 

B.         Summary Warrants and Misdemeanor/Felony Warrants for Private Criminal Complaints - The following procedures shall apply to the issuance and service of these warrants. 

1.            Magisterial District Judges possess the exclusive right, subject to the authority of the President Judge, to distribute warrants issued by them to a constable of their choice who satisfies the requirements of the C.E.T.B., this manual, and the Court Administrator’s Office to perform judicial duties.  Magisterial District Judges shall issue warrants where appropriate pursuant to the Pennsylvania Rules of Criminal Procedure and prevailing law. 

2.            Upon issuance of a warrant, the Magisterial District Judge may assign the warrant to a constable authorized to perform judicial duties by the Court Administrator’s Office.  Unless the warrant is unassigned, no constable other than the assigned constable shall serve a warrant within 60 days of the initial issuance of the warrant by the Magisterial District Court, subject to the following:

a.            If the subject of the warrant is in the custody of the Sheriff’s Department as a result of contact between the subject and the Sheriff’s Department unrelated to the warrant or in the custody of prison officials in which case a duplicate warrant may be issued to the Sheriff’s Department.  In the event the Sheriff’s Department serves such a warrant, the Magisterial District Judge, upon notice of the same, shall promptly alert the assigned constable that the warrant has been served; or

b.            If the subject of the warrant is present in the Carbon County Courthouse and, as a result of routine examination by the Sheriff’s Department of any person appearing before the Court of Common Pleas or other information acquired by the Sheriff’s Department, the Sheriff’s Department learns that an individual present in or at the Courthouse is the subject of a warrant, a duplicate warrant may be issued to the Sheriff’s Department. In the event the Sheriff’s Department serves such a warrant, the Magisterial District Judge, upon notice of the same, shall promptly alert the assigned constable that the warrant has been served; or

c.             If the subject of the warrant is in the custody of a constable who has exercised custody pursuant to another warrant issued and served in compliance with this manual in which case the original warrant shall be recalled and reissued to the constable who has custody of the subject; or

d.            If the subject of the warrant is in the custody of a constable as the result of execution of another warrant issued by a Court official or Magisterial District Judge of another Judicial District of this Commonwealth in which case the original warrant shall be recalled and reissued to the Constable.

3.            Upon service of the warrant, the constable to whom the warrant has been assigned shall immediately notify the issuing authority of service and promptly return a certified copy of the warrant to the District Court evidencing service of the warrant.

4.            If the subject of the warrant is in the custody of a municipal or state police officer who, for any reason, has taken the subject before the issuing authority, the Magisterial District Judge shall promptly notify any constable to whom the warrant has been assigned that the warrant has been served.

5.            During the normal operating hours of the Magisterial District Court, if a Constable reasonably believes he/she will be able to serve a summary warrant which has been assigned to another Constable, or is unassigned, within the next 12 hours, he/she shall contact the issuing District Court in which case a warrant may be issued to the Constable.

6.            All assigned, unserved summary warrants shall be available for service by any constable authorized to perform judicial duties in the 56th Judicial District after the 60th day following issuance of the warrant.  In all such cases, it shall be the responsibility of the constable seeking to serve the warrant to review the warrant and determine if the warrant is available to be served by that constable. A constable shall not request a warrant to be reissued unless imminent service of the warrant is anticipated.  For purposes of this paragraph, imminent service requires a good faith belief as to the whereabouts of the subject of the warrant and the likelihood that the warrant will be served within the immediately subsequent 12-hour period. 

7.            When a summary warrant is issued pursuant to Pa. R. Crim. P. 430, upon service of the warrant, the constable shall either: 

a.            Accept a signed guilty plea together with payment in full of the amount of the fines and costs as stated on the warrant;

b.            Accept from the defendant a signed not guilty plea together with payment in full of the amount of the collateral stated on the warrant; or

c.             If the defendant is unable to pay the full amount of the fines and costs or collateral, cause the defendant to be taken without unnecessary delay before the issuing authority during normal court hours, or before the on-call Magisterial District Judge. 

8.            When a constable accepts fines and costs or collateral, the constable shall issue a receipt to the defendant setting forth the amount of the fines and costs or collateral received and promptly return a copy of the receipt, signed by the defendant and constable, to the proper issuing authority.  Constables must return the warrant and any pleas, fines, costs, and/or restitution collected to the issuing authority no later than the close of business during the same business day; or if served after normal court hours, on the next business day.  Constables should make every effort to resolve service of the warrant as per Pa. R. Crim. P. 430 before physically transporting the defendant to the proper issuing authority, or on-call Magisterial District Judge. 

9.            A constable shall not serve a summary warrant issued pursuant to Pa. R. Crim. P. 430 at a residence between the hours of 10:00 p.m. and 6:00 a.m., or after 10:00 p.m. on the day preceding a legal holiday until after 6:00 a.m. of the day following the legal holiday.   

10.          A constable shall not attempt to serve a summary warrant or take the subject of such a warrant into custody unless in possession of a valid warrant.

C.            Return of Unserved Warrants

1.            A constable who has been issued a warrant pursuant to this manual shall return the warrant to the Magisterial District Court at the expiration of sixty (60) days of its issuance or 12 hours for those warrants issued pursuant to Chapter III, B (5), (6) if the constable is unable to execute or effectuate service within those time periods.  Failure to return the warrant within the time period set forth herein may, at the discretion of the President Judge, result in a revocation/restriction of one’s right to perform judicial duties. 

2.            A constable shall not, under any circumstance, make a duplicate or copy of any warrant for purposes of service. 

D.            Warrant Service on Incarcerated Parties

1.                   Unless expressly approved in advance by the Issuing Authority, President Judge or Court Administrator, warrant service on parties already incarcerated or otherwise in the custody of prison officials [is not authorized and] will not be compensated.

2.                   The Court may authorize payment in Summary Warrant matters in the event, through the efforts of a constable seeking a defendant, the constable learns that a defendant is incarcerated in a County jail outside of Carbon County but within the Commonwealth, and relays that information to the issuing authority.

a.        The Magisterial District Judge must indicate that he/she was unaware that the defendant was incarcerated in a County jail outside of Carbon County but within the Commonwealth when the warrant was issued.

IV.          COMPENSATION

A.            Preliminary Provisions - Constables shall be paid fees in compliance with the fee schedule set forth in 44 Pa. C.S.A. § 7161 or subsequent legislative act or rule of court.  Constables shall not be paid a fee for any judicial act committed in violation of the provisions of this manual.  Fees shall not be paid unless the request for fees is made in compliance with the procedures set forth in this chapter.  When three or more warrants are served on the same subject of the warrant, compensation shall be paid for a maximum of three warrants served.

B.            Reimbursement Procedure - Constables shall comply with the procedures of this section in seeking reimbursement for services.  A request for reimbursement of services not in compliance with the procedures of this section may be denied on that basis. 

1.            Magisterial District Judge Warrants - Payment for the performance of judicial duties related to the issuance of a warrant by a Magisterial District Judge shall be submitted to the Magisterial District Judge who authorized the service on the form prescribed by the Court Administrator’s Office or the Administrative Office of the Pennsylvania Courts.  See Exhibit “B” attached to this manual.  The Magisterial District Judge shall acknowledge receipt of the request by executing the same and promptly forwarding the request to the County Controller’s Office for payment.  Execution of a constable’s fee request by a Magisterial District Judge evidences that the Magisterial District Judge authorized the service for which fee reimbursement is being requested.    

2.            All reimbursement forms shall be completed in their entirety.  A form which is incomplete will be returned to the constable by the Magisterial District Court promptly and shall be considered as not having been filed for purposes of the time period set forth in Section IV (C) of this manual. 

C.            Time of Invoice - Request for payment of all fees shall be made to the Magisterial District Judge in the manner directed by this manual within 30 days of the date of the performed service.  Although the County’s liability for the payment of fees submitted after 30 days of the date of service shall be controlled by prevailing law, failure to submit requests for payment of fees within the time period set forth herein may result in the revocation of a constable’s privilege to perform judicial duties. 

D.            Mileage - The following rules shall apply to reimbursement for actual mileage: 

1.            Actual mileage for travel by motor vehicle shall be reimbursed at a rate equal to the highest rate allowed by the Internal Revenue Service. 

2.            No constable shall undertake travel in the performance of judicial duties by any mode other than motor vehicle, unless prior written consent for the same is authorized by the Court Administrator. 

3.            In effectuating service of a warrant, actual mileage for travel by motor vehicle for purposes of the payment of fees shall be the number of miles from the issuing authority’s office to the location where the warrant is served plus the number of miles to the location of commitment, if necessary, plus the number of miles from the commitment location to the issuing authority’s office.  Where commitment does not occur, actual mileage for travel by motor vehicle for purposes of the payment of fees shall be the number of miles from the issuing authority’s office to the location where the warrant is served plus the number of miles to the location where acceptance of payment or collateral is made, plus the number of miles from this location to the issuing authority's office. 

E.            Hours Worked - All work that calculates reimbursement by the hour shall be rounded to the nearest quarter-hour. 

F.            Second Constable – Upon prior approval by the issuing authority, when a second constable is utilized in the service of a warrant, the second constable shall also examine the warrant to ensure that service of the warrant is in compliance with the provisions of this Manual. The second constable shall follow all requirements as described in the Manual and will be held to the same standards as the constable who obtained the warrant for service.

V.            CONSTABLE CODE OF CONDUCT

A.            Introduction - A fair and independent court system is essential to the administration of justice.  Although constables are not employees of the Commonwealth, the judiciary or any municipal agency, as an independent contractor, they provide services and aid to the judicial process.  Proper conduct by those involved in assisting the judicial process inspires public confidence and trust in the Courts and conveys the values of impartiality and fairness that promote the integrity of our system of justice.  A constable’s conduct reflects upon the Court’s commitment to serving the public.  A constable performing judicial duties shall observe high standards of conduct so that the integrity and independence of the judicial system are preserved.  The provisions of this code shall be applied to further those objectives.  All constables performing judicial duties shall observe the standards of conduct set forth in this section.  These standards however shall not limit or preclude, nor be interpreted to limit or preclude, other more stringent standards as established by law or by Court order or rule. 

B.            Performance of Judicial Duties - Constables performing judicial duties shall conduct themselves in an appropriate and lawful manner at all times and shall adhere to the following standards.  Constables performing judicial duties:

1.            Shall not engage in any form of discrimination, harassment, or retaliation against any person as prohibited by law or Court policy; 

2.            Shall not engage in any form of violence, threat of violence, or disruptive conduct;

3.            Shall not make intentionally false or misleading statements when performing judicial duties.  Specifically, a constable may not make a false statement of material fact or law or fail to correct a false statement of material fact or law to any party for purposes of obtaining compliance or forfeiture by a person of their legal rights;

4.            Shall not falsify, or improperly alter or destroy work-related documents or records;

5.            Shall not be impaired by alcohol, drugs, medications, or other intoxicating substances while performing judicial duties;

6.            Shall not give legal advice while performing judicial duties beyond an explanation of the duty they are performing and one’s right to be represented by counsel;

7.            Shall not illegally possess weapons or controlled substances while performing judicial duties;

8.            Shall avoid impropriety or the appearance of impropriety in the performance of all judicial duties;

9.            Shall not commit any violation of the law while performing their judicial duties;

10.          Shall not be convicted of any crime which shall place their integrity, honesty, or credibility at issue or otherwise negatively reflect upon the integrity and independence of the Court or Court offices;

11.          Shall not make any sexual advance, request for sexual favors, or perform other verbal or physical conduct of a sexual nature while in the performance of judicial duties.  Such conduct shall include but is not limited to touching, fondling, patting, pinching, kissing, or other physical contact for sexual gratification; 

12.          Shall treat all those with whom they interact, including Court staff, with professionalism, dignity, respect, and impartiality;

13.          Shall cooperate with all law enforcement agencies and their representatives including the Sheriff’s Department, the C.C.C.F., and Carbon County staff;

14.          Shall not use any means that has no substantial purpose other than to embarrass, delay, or burden the rights of another person or use methods that violate the legal rights of such person;

15.          Shall not in any manner hold himself/herself out to be an agent, employee, or representative of any Court office; and

16.          Shall not utilize a motor vehicle in the performance of judicial duties contrary to the provisions of the Pennsylvania Motor Vehicle Code. 

C.          Confidentiality - Constables shall not disclose or use confidential information obtained through the performance of judicial duties for any purpose not connected with the performance of their judicial duties. 

D.                  Conflicts of Interest -

1.            Constables shall not solicit, accept, or agree to accept anything of value from any person or entity doing or seeking to do business with, or having an interest in a matter related to the performance of judicial duties. 

2.            Constables shall not permit family, social, or other relationships to influence their official conduct or judgment, or to create the appearance of influence in the exercise of their official conduct or judgment, while in the performance of judicial duties.  Constables performing judicial duties shall inform the Court Administrator of any situation creating undue influence or the appearance of undue influence. 

3.            Constables shall not use the resources, employees, property, facilities, time, or any funds under their control while in the performance of their judicial duties to improperly benefit them or any other person. 

E.            Use of Force - A constable’s use of force shall be consistent with Pennsylvania law and in compliance with training and education provided by the C.E.T.B.  A constable shall never employ unnecessary force or violence and shall use only such force in the discharge of duty as is reasonable under the circumstances.  While the use of force is occasionally unavoidable, every constable in the performance of judicial duties shall refrain from applying any unnecessary infliction of pain or suffering and shall never engage in cruel, degrading, or inhuman treatment of any person.  A constable shall not fire, unholster, or otherwise remove a firearm from its holster in the performance of judicial duties unless the same is necessary for the defense of the constable or others in response to the threat or use of deadly force against the constable or another where the action is consistent with firearms training provided by P.C.C.D.  In no event shall a firearm be unholstered for purposes of intimidation.   

F.            Appearance -

1.            Dress - All constables shall dress in customary law enforcement uniform or casual business dress while performing judicial duties.  Denim jeans are considered neither customary law enforcement uniform nor casual business dress and are prohibited.   

2.            Sign of Authority - While in the performance of judicial duties, all constables shall prominently display a badge of authority on their outermost clothing.  The badge of authority shall consist of either a Pennsylvania state constable patch or a badge pinned to the outermost garment, displayed around the neck, or attached to a belt.  Additionally, while performing judicial duties, a constable shall carry at all times a constable certification card issued by C.E.T.B. indicating certification number and expiration date. 

G.           Duty to Report - Constables who are arrested, charged with, or convicted of a crime, including summary offenses, which occurred while the constable was acting in the course of performing judicial duties, shall report this fact to the Court Administrator at the earliest opportunity, however, in no event shall this report be made later than three (3) business days from the date of arrest or receipt of charges.  Constables who are arrested, charged with, or convicted of a crime, other than summary traffic offenses not committed while in the performance of judicial duties, regardless of the jurisdiction in which the conduct occurred, shall report this fact to the Court Administrator at the earliest reasonable opportunity, however, in no event shall this report be made later than three (3) business days from the date of the arrest or receipt of charges.

ACKNOWLEDGMENT

I, ____________________________________, have received a copy of the Pennsylvania Unified Judicial System Constable Policies, Procedures, and Standards of Conduct.  I also acknowledge receipt of a copy of the Fifty-Sixth Judicial District Constable Manual.  I understand that in order to perform judicial duties, or to be paid for work performed for the Fifty-Sixth Judicial District, I must abide by the procedures and requirements set forth in the Pennsylvania Unified Judicial System Constable Policies, Procedures, and Standards of Conduct and the Fifty-Sixth Judicial District Constable Manual, including the Code of Conduct, and hereby agree to abide by those procedures and requirements. 

______________________________________                           ____________________

Print Name                                                                                                                    Date

______________________________________

Signature

______________________________________

Witness

Exhibit A


CARBON COUNTY CONSTABLE PAYMENT SHEET

CONSTABLE NAME ______________________________________________  CONSTABLE NUMBER __________________

DISTRICT COURT NUMBER _________________________ DISTRICT JUDGE ____________________________________

DEFENDANT’S NAME ________________________________________________DOCKET NUMBER __________________

DEFENDANT’S ADDRESS _______________________________________________________________________________

_____________________________________________________________________________________________________

                                                                DATE(S) SERVICES                                                                                     DATE(S) SERVICES

SERVICE              FEE                                 PERFORMED               SERVICE                           FEE                                       PERFORMED      

WARRANT ……….$___________        (____)______________   ARRAIGNMENT………………$ ___________   * (____)_______________

HOW WAS SERVICE MADE? __________________________   COMMIT TO.………………....$____________   * (____)_______________      

_______________________________________________    ________________________________________________________             

_______________________________________________     RETURN OF SERVICE ….….  $___________       (____)_______________

TO  WHOM? _____________________________________     CONVEY (FINGERPRINTING) $___________    *  (____)______________

RELEASE ………..$___________       (____)______________      FINGERPRINTING ……………$___________    *  (____)_______________

CUSTODY………. $___________     * (____)______________    RELEASED ON BOND …….…$___________    *  (____)_______________

CONVEY ……..….$___________     * (____)______________    OTHER ………………………... $___________        (____)_______________

TO:____________________________________________    OTHER ………………………..  $___________         (____)_______________

TO:_________________________________________          OTHER ………………………..  $___________        (____)_______________

* MAY ONLY BE CHARGED ONCE PER DEFENDANT PER DATE HANDLED                            TOTAL    $ ____________________

NAME OF ASSISTING CONSTABLE OR DEPUTY _________________________________________________________________

DATE                         FROM/TO                                                                           MILES

__________             _________________________________________          ____________

__________             _________________________________________          ____________

__________             _________________________________________          ____________

__________             _________________________________________          ____________

__________             _________________________________________          ____________   

MILEAGE @  _________ CENTS PER MILE                     TOTAL MILES         ____________      MILES    $ ____________________

ATTACH ADDITIONAL SHEETS, IF NECESSARY.

                                                                                                                                               CETA     $ ____________________

                                                                                                                        TOTAL AMOUNT DUE    $ ____________________

I HEREBY CERTIFY THAT THE ABOVE SERVICES HAVE BEEN PERFORMED.                               THE UNDERSIGNED HEREBY CERTIFIES THAT THE ABOVE

                                                                                                                                         SERVICES HAVE BEEN PERFORMED AND THAT NO OTHER

__________DAY OF _________________,   _________                                                 REQUESTS FOR PAYMENT FOR THESE SERVICES HAS

                                                                                                                                         BEEN MADE.

_____________________________________________________                      ________________________________________________________

            DISTRICT JUDGE   (DISTRICT COURT SEAL)                                                                 SIGNATURE OF CONSTABLE

Exhibit B

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

CRIMINAL DIVISION

 

                                                                    IN RE:            AVAILABILITY AND                               :         NO. 16-0081

                                                                                           TEMPORARY ASSIGNMENTS OF           :         CP-13-AD-0000003-2016        

                                                                                           MAGISTERIAL DISTRICT JUDGES        :

          

ADMINISTRATIVE ORDER 11-2016

 

          AND NOW, this 26th day of July, 2016, in order to ensure compliance with Pa.R.C.P.M.D.J.112 governing the Rules of Conduct, Office Standards, and Civil Procedure for Magisterial District Judges, Pa.R.Crim.P. 132 governing the Temporary Assignment of Issuing Authorities, Pa.R.C.P. 1901.2 governing Scheduling of Temporary Protection From Abuse matters, Carbon County’s Administrative Order 27-2001 governing when the Court is available to address Temporary Protection From Abuse matters, Carbon County Local Rule CARB.R.C.P. 1901.5 governing Enforcement of Protection From Abuse matters and 35 P.S. § 10225.307 governing Involuntary Intervention by Emergency Court Order under the Older Adult Protective Services Act, it is hereby

          ORDERED and DECREED that the schedule attached hereto be and is hereby APPROVED and said attachment SHALL ESTABLISH the on-call schedule and temporary assignments for the Magisterial District Judges of Carbon County for the period of August 1, 2016 through January 8, 2017.

          IT IS FURTHER ORDERED AND DECREED that the same Magisterial District Judge temporarily assigned on this schedule SHALL SERVE as the temporary issuing authority during regularly scheduled hours for any  Magisterial District Judge unavailable due to duties outside the county, mandatory continuing education classes, illness or vacation.

                                                                                                                             BY THE COURT:

 

                                                                                                                             ______________________________

                                                                                                                                                  ROGER N. NANOVIC, P.J.


SCHEDULE FOR OTHER THAN REGULARLY SCHEDULED HOURS AND EMERGENCIES FOR CARBON COUNTY MAGISTERIAL DISTRICT JUDGE COURTS 3-1, 3-2, 3-3 AND 3-4 BEGINNING 4:30 P. M. EACH MONDAY AND ENDING THE FOLLOWING MONDAY AT 4:30 P. M.

 

August 1, 2016

August 8, 2016

August 15, 2016

August 22, 2016

August 29, 2016

 

September 5, 2016

September 12, 2016

September 19, 2016

September 26, 2016

 

October 3, 2016

October 10, 2016

October 17, 2016

October 24, 2016

October 31, 2016

 

November 7, 2016

November 14, 2016

November 21, 2016

November 28, 2016

 

December 5, 2016

December 12, 2016

December 19, 2016

December 26, 2016

 

January 2, 2017

 

 

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge William J. Kissner

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Joseph D. Homanko

 

Magisterial District Judge William J. Kissner

Magisterial District Judge Eric Schrantz

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Joseph D. Homanko

 

Magisterial District Judge William J. Kissner

Magisterial District Judge Eric Schrantz

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge William J. Kissner

 

Magisterial District Judge Eric Schrantz

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge Eric Schrantz

 

Magisterial District Judge William J. Kissner

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Joseph D.  Homanko

Magisterial District Judge Eric Schrantz

 

Magisterial District Judge William J. Kissner

 

 

Court 3-4

Court 3-3

Court 3-2

Court 3-3

Court 3-4

 

Court 3-2

Court 3-1

Court 3-3

Court 3-4

 

Court 3-2

Court 3-1

Court 3-3

Court 3-4

Court 3-2

 

Court 3-1

Court 3-3

Court 3-4

Court 3-1

 

Court 3-2

Court 3-3

Court 3-4

Court 3-1

 

Court 3-2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

 

CIVIL DIVISION

 

                                                                   IN RE :       AMENDMENT OF LOCAL RULE OF             :

                                                                                      CIVIL PROCEDURE CARB.R.C.P.               :  

                                                                                      1915.3 COMMENCEMENT OF ACTION.     :        NO.  16-2127

                                                                                      COMPLAINT. ORDER.                                 :  

     

ADMINISTRATIVE ORDER NO. 12-2016

          AND NOW, this 2nd day of September, 2016, it is hereby

          ORDERED and DECREED that, effective November 1, 2016, the Carbon County Court of Common Pleas AMENDS Carbon County Rule of Civil Procedure CARB.R.C.P.  1915.3 governing Commencement of Action, Complaint and Order in custody matters.

          The Carbon County District Court Administrator is ORDERED and DIRECTED to

 

1.      File one (1) certified copy of this Local Rule and Administrative Order with the Administrative Office of Pennsylvania Courts.

2.      Electronically email a Word file of the Local Rule and Administrative Order to bulletin@palrb.us and file two (2) certified copies with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

3.      Publish the Rule on the Carbon County Court website at http://www.carboncourts.com.

4.      Forward one (1) copy for publication in the Carbon County Law Journal.

5.      Forward one (1) copy to the Carbon County Law Library.

6.      Keep continuously available for public inspection copies of the Administrative Order and Rule in the Prothonotary’s Office.

7.      Incorporate the local rule no later than thirty (30) days after publication in the Pennsylvania Bulletin with this Court's complete set of Rules of Court published at http://www.carboncourts.com.

                                               

                                                                                                                   BY THE COURT:

 

                                                                                                                   ___________________________________

                                                                                                                             ROGER N. NANOVIC, PRESIDENT JUDGE

 

RULE 1915.3 - COMMENCEMENT OF ACTION.  COMPLAINT.  ORDER.

 

          The person to be designated in the notice to defend as the person from whom legal services can be obtained shall be the same as provided for in CARB.R.C.P.1018.1.

 

          Any party to a custody action, who is incarcerated and cannot attend any scheduled proceeding and wishes to participate by electronic means, shall request permission from Court Administration seven (7) days before the scheduled event.  Said party shall be responsible for making the arrangements with Court Administration and the Warden of said facility where the party is incarcerated.

 

Effective July 26, 2004

Revision effective November 1, 2016

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

 

                                                                   IN RE:        AMENDMENT OF 56TH JUDICIAL          :

                                                                                 DISTRICT - CONSTABLE MANUAL         : NO. CP-13-AD-0000005-2016

                                                                                      FOR CARBON COUNTY                            :

 

ADMINISTRATIVE ORDER NO. 13-2016

          AND NOW, this 12th day of September, 2016, it is hereby

          ORDERED and DECREED, that effective November 1, 2016, the Carbon County Court of Common Pleas AMENDS the attached Constable Manual governing the procedures to be followed by all Constables performing judicial duties for the 56th Judicial District.

          The Carbon County District Court Administrator is ORDERED and DIRECTED to do the following:

1.      File one (1) copy electronically to adminrules@pacourts.us of this Administrative Order and Manual with the Administrative Office of Pennsylvania Courts.

2.      File two (2) paper copies and one (1) electronic copy in a Microsoft Word format to bulletin@palrb.us with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

3.      Publish the Rule on the Carbon County Court website at http://www.carboncourts.com.

4.      Forward one (1) copy for publication in the Carbon County Law Journal.

5.      Forward one (1) copy to the Carbon County Law Library.

6.      Keep continuously available for public inspection copies of the Administrative Order and Manual in the Clerk of Courts Office.

7.      Incorporate the Manual no later than thirty (30) days after publication in the Pennsylvania Bulletin with this Court's complete set of Rules of Court published at http://www.carboncourts.com.

                                                                                                         

                                                                                                                   BY THE COURT:

 

                                                                                                                                                                                      

                                                                                                                                                ROGER N. NANOVIC, P.J.

 

 

CONSTABLE MANUAL

 

56th JUDICIAL DISTRICT

CARBON COUNTY, PENNSYLVANIA

 

Effective May 1, 2016

Amended November 1, 2016


TABLE OF CONTENTS

I.             General Provisions

II.            Powers and Duties

III.           Warrant Procedures

IV.          Compensation

V.            Constable Code of Conduct

Appendix            Exhibit A – Acknowledgment

                            Exhibit B – Constable Payment Sheet


I.             GENERAL PROVISIONS

A.            Definitions - Subject to additional definitions contained in subsequent sections of this manual, the following words and phrases shall have, unless the context indicates otherwise, the meanings given to them in this section.

C.C.C.F. - Carbon County Correctional Facility 

Clerk of Courts - The official, and that official’s office, in the 56th Judicial District who, pursuant to 42 Pa. C.S.A. §§ 2756 and 2757, has the responsibility and function to maintain the official criminal case file and list of docket entries for each criminal proceeding, and to perform such other duties as required by rule or law.

Constable - All elected, court appointed, and/or deputy constables duly elected or appointed pursuant to statutory authority.  As elected or appointed officials, constables are independent contractors and are not employees of the Commonwealth, the judiciary, or the municipality in which they serve. 

Constable’s Education and Training Board (C.E.T.B.) - The Constable’s Education and Training Board established and created pursuant to 44 Pa. C.S.A. § 7143 responsible for developing basic training and firearms education for constables and to certify constables who perform judicial duties. 

Controller - The duly elected County Controller for the County of Carbon empowered with the rights, duties, and responsibilities under the County Code, 16 P.S. § 101 et seq. 

County - County of Carbon.

Court - The Court of Common Pleas for the 56th Judicial District.

Court Administrator - The District Court Administrator for the 56th Judicial District as designated by the Pennsylvania Supreme Court and the Administrative Offices of the Pennsylvania Courts. 

Court Official - The Judges of the Court of Common Pleas for the 56th Judicial District, the Magisterial District Judges for the 56th Judicial District, the Carbon County District Court Administrator, the Chief Adult Probation Officer for the Carbon County Probation Department, and all employees in the respective offices. 

Judicial Duties - Services and duties performed by a constable for the payment of fees as authorized by 44 Pa. C.S.A. § 7161, including all services specified therein regardless of whether a fee is actually sought by the constable or paid by the County. 

Magisterial District Judge – A public official having the power and authority of a magisterial district judge whose jurisdiction falls within the 56th Judicial District.

P.C.C.D. - Pennsylvania Commission on Crime and Delinquency.

Prothonotary– The duly elected Prothonotary for the 56th Judicial District empowered with the rights, duties, and responsibilities under 42 Pa. C.S.A. §§ 2736 and 2737, who has the responsibility to maintain official court records and to perform such other duties as required by rule or law. 

Sheriff – The duly elected Sheriff for the County of Carbon empowered with the rights, duties, and responsibilities under the County Code, 16 P.S. § 101 et seq., including all deputies appointed in compliance with the County Code. 

II.          POWERS AND DUTIES

A.            Requirements of Constables Performing Judicial Duties in the 56th Judicial District - Constables performing judicial duties within the 56th Judicial District must:

1.            Be certified by C.E.T.B.

2.            Post a bond with the Clerk of Courts’ Office in the sum of $2,500 conditioned upon the just and faithful discharge by the constable of the duties of his/her office.  The bond shall be held in trust for the use and benefit of persons who may sustain injury by reason of a constable’s neglect of duty.  Proof of the filing of a bond must be provided to the Court Administrator’s Office.  

3.            Maintain a policy of professional liability insurance providing coverage for the performance of judicial duties with a minimum coverage of $250,000 per incident and a minimum aggregate of $500,000 per year.  Proof of insurance coverage must be filed with the Clerk of Courts Office and the Court Administrator’s Office annually. 

4.            Maintain a valid and current Pennsylvania driver’s license and required financial responsibility (automobile insurance) on any vehicle used for the performance of judicial duties.  Proof of licensing and insurance must be provided to the Court Administrator’s Office as required by that office.  Absence of a driver’s license does not preclude a constable who is otherwise approved by the Court to perform judicial duties from working with a constable pursuant to 44 Pa. C.S.A. § 7161(c), provided the unlicensed or uninsured constable does not operate a motor vehicle.  However, unless accompanied by another constable who maintains a valid and current Pennsylvania driver’s license and required financial responsibility, a constable who does not possess a valid driver’s license or required financial responsibility shall not perform judicial duties. 

5.            Maintain current contact information with the Court Administrator’s Office.  Current contact information shall include constable’s current address, telephone number, and cell phone number.  Contact information shall also include information as to any other communication equipment utilized by the constable to perform judicial duties (e.g. pager, fax machine). 

6.            If carrying a firearm in the performance of judicial duties, a constable shall provide the Court Administrator’s Office with proof of certification or qualification to carry or use firearms as provided by 44 Pa. C.S.A. § 7148. 

7.            Complete and provide the Controller with all vendor authorization documents, including the production of a tax identification number as required by local, state, or federal law or policies and procedures of the Controller. 

8.            Provide the Court Administrator’s Office with an executed acknowledgment evidencing the constable has received a copy of the Pennsylvania Unified Judicial System Constable Policies, Procedures, and Standards of Conduct and understands the provisions and terms set forth therein.  The acknowledgment shall be in the form attached hereto as “Exhibit A.” 

9.            Provide the Court Administrator’s Office with an executed acknowledgment evidencing the constable has received a copy of the Constable Manual for the 56th Judicial District and understands the provisions and terms set forth in the manual governing the performance of judicial duties.  The acknowledgment shall be in the form attached hereto as “Exhibit A.” 

B.            Authorization to Perform Judicial Duties - No Magisterial District Judge, nor any other Court Official, shall request or otherwise authorize a constable to perform judicial duties, nor shall the Controller authorize payment of fees for a constable performing judicial duties, unless the constable has been designated by the Court Administrator’s Office as a constable authorized to perform judicial duties. 

1.            The Court Administrator’s Office shall maintain a list of all constables who are authorized to perform judicial duties within the 56th Judicial District.  The Court Administrator’s Office shall publish the list with all Magisterial District Judges in the 56th Judicial District; any other Court office utilizing constable services in the performance of judicial duties; the Controller; and the Clerk of Courts Office on a regular basis.  This list shall be updated and published at least annually.  In the event the privilege of a constable to perform judicial duties is revoked by the Court, the Court Administrator’s Office shall promptly notify the identified offices of the same. 

2.            The Court Administrator’s Office shall develop policy and procedure to effectuate and ensure a constable’s compliance with the requirements set forth in Section A above. 

C.            Removal of Authorization to Perform Judicial Duties - Although a constable may only be removed or disciplined for acts of malfeasance or misfeasance upon petition of the District Attorney or an individual citizen (see 13 P.S. § 31), a constable’s authorization to perform judicial duties pursuant to Section B above may be revoked at any time pursuant to the authority of the President Judge for the 56th Judicial District. 

1.                   A constable’s authority to perform judicial duties may be revoked in the following circumstances: 

a.            a constable permits his/her compliance with the requirements of Section A above to lapse;

b.            the constable commits a breach of the duties or requirements of this manual including, but not limited to, the Constable Code of Conduct as set forth in Section V herein;

c.             the constable commits any violation of the law while in the performance of judicial duties or is otherwise convicted of criminal conduct which places the integrity or honesty of the constable at issue;

d.            the constable commits any act which jeopardizes public trust in or brings disrespect to the Court.   

2.                   Court Officials who know, or have reason to believe, that a constable has committed a violation of the Code of Conduct or the provisions of the Constable Manual shall promptly inform the Court Administrator’s Office of the same. 

3.                   All complaints of constable misconduct, including complaints related to failure to comply with the Constable Manual, shall be promptly investigated by the Court Administrator.  The results of the investigation shall be provided to the President Judge for further action, if any. 

D.            Minimum Requirements - Compliance with the provisions of this manual does not guarantee a constable the right to perform judicial duties for a Magisterial District Judge.  Rather, the provisions of this section set forth the minimum requirements which must be complied with before a constable may be utilized by a Magisterial District Judge to perform judicial duties.  Magisterial District Judges retain the right to assign constable work within their reasonable discretion provided the utilized constable is otherwise in compliance with this section. 

III.           WARRANT PROCEDURES

A.                  Definitions - The following words and phrases shall have, unless the context indicates otherwise, the meanings given to them in this section. 

 Legal Holiday - For purposes of this manual, the following shall be defined as legal holidays:  New Year’s Day, Martin Luther King, Jr.'s Day, Presidents' Day, Good Friday, Easter, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, the Day after Thanksgiving Day, and Christmas Day.  For those holidays identified herein which annually fall on a rotating calendar day, the actual date shall be defined as the day designated as the federal holiday.   

 Arrest Warrant - An arrest warrant for a misdemeanor/felony offense issued pursuant to Pa. R. Crim. P. 513 et. al by a Magisterial District Judge for private criminal complaints, including those filed by the Pennsylvania Department of Inspector General,  and which have been approved by the District Attorney's Office.

 Summary Warrant - A warrant issued by a Magisterial District Judge pursuant to Pa. R. Crim. P. 430.  This definition includes both arrest warrants and bench warrants issued pursuant to Rule 430. 

B.         Summary Warrants and Misdemeanor/Felony Warrants for Private Criminal Complaints - The following procedures shall apply to the issuance and service of these warrants. 

1.            Magisterial District Judges possess the exclusive right, subject to the authority of the President Judge, to distribute warrants issued by them to a constable of their choice who satisfies the requirements of the C.E.T.B., this manual, and the Court Administrator’s Office to perform judicial duties.  Magisterial District Judges shall issue warrants where appropriate pursuant to the Pennsylvania Rules of Criminal Procedure and prevailing law. 

2.            Upon issuance of a warrant, the Magisterial District Judge may assign the warrant to a constable authorized to perform judicial duties by the Court Administrator’s Office.  Unless the warrant is unassigned, no constable other than the assigned constable shall serve a warrant within 60 days of the initial issuance of the warrant by the Magisterial District Court, subject to the following:

a.            If the subject of the warrant is in the custody of the Sheriff’s Department as a result of contact between the subject and the Sheriff’s Department unrelated to the warrant or in the custody of prison officials in which case a duplicate warrant may be issued to the Sheriff’s Department.  In the event the Sheriff’s Department serves such a warrant, the Magisterial District Judge, upon notice of the same, shall promptly alert the assigned constable that the warrant has been served; or

b.            If the subject of the warrant is present in the Carbon County Courthouse and, as a result of routine examination by the Sheriff’s Department of any person appearing before the Court of Common Pleas or other information acquired by the Sheriff’s Department, the Sheriff’s Department learns that an individual present in or at the Courthouse is the subject of a warrant, a duplicate warrant may be issued to the Sheriff’s Department. In the event the Sheriff’s Department serves such a warrant, the Magisterial District Judge, upon notice of the same, shall promptly alert the assigned constable that the warrant has been served; or

c.             If the subject of the warrant is in the custody of a constable who has exercised custody pursuant to another warrant issued and served in compliance with this manual in which case the original warrant shall be recalled and reissued to the constable who has custody of the subject; or

d.            If the subject of the warrant is in the custody of a constable as the result of execution of another warrant issued by a Court official or Magisterial District Judge of another Judicial District of this Commonwealth in which case the original warrant shall be recalled and reissued to the Constable.

3.            Upon service of the warrant, the constable to whom the warrant has been assigned shall immediately notify the issuing authority of service and promptly return a certified copy of the warrant to the District Court evidencing service of the warrant.

4.            If the subject of the warrant is in the custody of a municipal or state police officer who, for any reason, has taken the subject before the issuing authority, the Magisterial District Judge shall promptly notify any constable to whom the warrant has been assigned that the warrant has been served.

5.            During the normal operating hours of the Magisterial District Court, if a Constable reasonably believes he/she will be able to serve a summary warrant which has been assigned to another Constable, or is unassigned, within the next 12 hours, he/she shall contact the issuing District Court in which case a warrant may be issued to the Constable.

6.            All assigned, unserved summary warrants shall be available for service by any constable authorized to perform judicial duties in the 56th Judicial District after the 60th day following issuance of the warrant.  In all such cases, it shall be the responsibility of the constable seeking to serve the warrant to review the warrant and determine if the warrant is available to be served by that constable. A constable shall not request a warrant to be reissued unless imminent service of the warrant is anticipated.  For purposes of this paragraph, imminent service requires a good faith belief as to the whereabouts of the subject of the warrant and the likelihood that the warrant will be served within the immediately subsequent 12-hour period. 

7.            When a summary warrant is issued pursuant to Pa. R. Crim. P. 430, upon service of the warrant, the constable shall either: 

a.            Accept a signed guilty plea together with payment in full of the amount of the fines and costs as stated on the warrant;

b.            Accept from the defendant a signed not guilty plea together with payment in full of the amount of the collateral stated on the warrant; or

c.             If the defendant is unable to pay the full amount of the fines and costs or collateral, cause the defendant to be taken without unnecessary delay before the issuing authority during normal court hours, or before the on-call Magisterial District Judge. 

8.            When a constable accepts fines and costs or collateral, the constable shall issue a receipt to the defendant setting forth the amount of the fines and costs or collateral received and promptly return a copy of the receipt, signed by the defendant and constable, to the proper issuing authority.  Constables must return the warrant and any pleas, fines, costs, and/or restitution collected to the issuing authority no later than the close of business during the same business day; or if served after normal court hours, on the next business day.  Constables should make every effort to resolve service of the warrant as per Pa. R. Crim. P. 430 before physically transporting the defendant to the proper issuing authority, or on-call Magisterial District Judge. 

9.            A constable shall not serve a summary warrant issued pursuant to Pa. R. Crim. P. 430 at a residence between the hours of 10:00 p.m. and 6:00 a.m., or after 10:00 p.m. on the day preceding a legal holiday until after 6:00 a.m. of the day following the legal holiday.   

10.          A constable shall not attempt to serve a summary warrant or take the subject of such a warrant into custody unless in possession of a valid warrant.

C.            Return of Unserved Warrants

1.            A constable who has been issued a warrant pursuant to this manual shall return the warrant to the Magisterial District Court at the expiration of sixty (60) days of its issuance or 12 hours for those warrants issued pursuant to Chapter III, B (5), (6) if the constable is unable to execute or effectuate service within those time periods.  Failure to return the warrant within the time period set forth herein may, at the discretion of the President Judge, result in a revocation/restriction of one’s right to perform judicial duties. 

2.            A constable shall not, under any circumstance, make a duplicate or copy of any warrant for purposes of service. 

D.            Warrant Service on Incarcerated Parties

1.                   Unless expressly approved in advance by the Issuing Authority, President Judge or Court Administrator, warrant service on parties already incarcerated or otherwise in the custody of prison officials [is not authorized and] will not be compensated.

2.                   The Court may authorize payment in Summary Warrant matters in the event, through the efforts of a constable seeking a defendant, the constable learns that a defendant is incarcerated in a County jail outside of Carbon County but within the Commonwealth, and relays that information to the issuing authority.

a.        The Magisterial District Judge must indicate that he/she was unaware that the defendant was incarcerated in a County jail outside of Carbon County but within the Commonwealth when the warrant was issued.

IV.          COMPENSATION

A.            Preliminary Provisions - Constables shall be paid fees in compliance with the fee schedule set forth in 44 Pa. C.S.A. § 7161 or subsequent legislative act or rule of court.  Constables shall not be paid a fee for any judicial act committed in violation of the provisions of this manual.  Fees shall not be paid unless the request for fees is made in compliance with the procedures set forth in this chapter.  When three or more warrants are served on the same subject of the warrant, compensation shall be paid for a maximum of three warrants served.

B.            Reimbursement Procedure - Constables shall comply with the procedures of this section in seeking reimbursement for services.  A request for reimbursement of services not in compliance with the procedures of this section may be denied on that basis. 

1.            Magisterial District Judge Warrants - Payment for the performance of judicial duties related to the issuance of a warrant by a Magisterial District Judge shall be submitted to the Magisterial District Judge who authorized the service on the form prescribed by the Court Administrator’s Office or the Administrative Office of the Pennsylvania Courts.  See Exhibit “B” attached to this manual.  The Magisterial District Judge shall acknowledge receipt of the request by executing the same and promptly forwarding the request to the County Controller’s Office for payment.  Execution of a constable’s fee request by a Magisterial District Judge evidences that the Magisterial District Judge authorized the service for which fee reimbursement is being requested.   

2.            All reimbursement forms shall be completed in their entirety.  A form which is incomplete will be returned to the constable by the Magisterial District Court promptly and shall be considered as not having been filed for purposes of the time period set forth in Section IV (C) of this manual. 

C.            Time of Invoice - Request for payment of all fees shall be made to          the Magisterial District Judge in the manner directed by this manual within 30 days of the date of the performed service.  Although the County’s liability for the payment of fees submitted after 30 days of the date of service shall be controlled by prevailing law, failure to submit requests for payment of fees within the time period set forth herein may result in the revocation of a constable’s privilege to perform judicial duties. 

D.            Mileage - The following rules shall apply to reimbursement for actual mileage: 

1.            Actual mileage for travel by motor vehicle shall be reimbursed at a rate equal to the highest rate allowed by the Internal Revenue Service. 

2.            No constable shall undertake travel in the performance of judicial duties by any mode other than motor vehicle, unless prior written consent for the same is authorized by the Court Administrator. 

3.            In effectuating service of a warrant, actual mileage for travel by motor vehicle for purposes of the payment of fees shall be the number of miles from the issuing authority’s office to the location where the warrant is served plus the number of miles to the location of commitment, if necessary, plus the number of miles from the commitment location to the issuing authority’s office.  Where commitment does not occur, actual mileage for travel by motor vehicle for purposes of the payment of fees shall be the number of miles from the issuing authority’s office to the location where the warrant is served plus the number of miles to the location where acceptance of payment or collateral is made, plus the number of miles from this location to the issuing authority's office. 

E.            Hours Worked - All work that calculates reimbursement by the hour shall be rounded to the nearest quarter-hour. 

F.            Second Constable – Except for those circumstances described in 44 Pa.C.S.A. §7161 (c), upon prior approval by the issuing authority, when a second constable is utilized in the service of a warrant, the second constable shall also examine the warrant to ensure that service of the warrant is in compliance with the provisions of this Manual. The second constable shall follow all requirements as described in the Manual and will be held to the same standards as the constable who obtained the warrant for service.

V.            CONSTABLE CODE OF CONDUCT

A.            Introduction - A fair and independent court system is essential to the administration of justice.  Although constables are not employees of the Commonwealth, the judiciary or any municipal agency, as an independent contractor, they provide services and aid to the judicial process.  Proper conduct by those involved in assisting the judicial process inspires public confidence and trust in the Courts and conveys the values of impartiality and fairness that promote the integrity of our system of justice.  A constable’s conduct reflects upon the Court’s commitment to serving the public.  A constable performing judicial duties shall observe high standards of conduct so that the integrity and independence of the judicial system are preserved.  The provisions of this code shall be applied to further those objectives.  All constables performing judicial duties shall observe the standards of conduct set forth in this section.  These standards however shall not limit or preclude, nor be interpreted to limit or preclude, other more stringent standards as established by law or by Court order or rule. 

B.            Performance of Judicial Duties - Constables performing judicial duties shall conduct themselves in an appropriate and lawful manner at all times and shall adhere to the following standards.  Constables performing judicial duties:

1.            Shall not engage in any form of discrimination, harassment, or retaliation against any person as prohibited by law or Court policy; 

2.            Shall not engage in any form of violence, threat of violence, or disruptive conduct;

3.            Shall not make intentionally false or misleading statements when performing judicial duties.  Specifically, a constable may not make a false statement of material fact or law or fail to correct a false statement of material fact or law to any party for purposes of obtaining compliance or forfeiture by a person of their legal rights;

4.            Shall not falsify, or improperly alter or destroy work-related documents or records;

5.            Shall not be impaired by alcohol, drugs, medications, or other intoxicating substances while performing judicial duties;

6.            Shall not give legal advice while performing judicial duties beyond an explanation of the duty they are performing and one’s right to be represented by counsel;

7.            Shall not illegally possess weapons or controlled substances while performing judicial duties;

8.            Shall avoid impropriety or the appearance of impropriety in the performance of all judicial duties;

9.            Shall not commit any violation of the law while performing their judicial duties;

10.          Shall not be convicted of any crime which shall place their integrity, honesty, or credibility at issue or otherwise negatively reflect upon the integrity and independence of the Court or Court offices;

11.          Shall not make any sexual advance, request for sexual favors, or perform other verbal or physical conduct of a sexual nature while in the performance of judicial duties.  Such conduct shall include but is not limited to touching, fondling, patting, pinching, kissing, or other physical contact for sexual gratification; 

12.          Shall treat all those with whom they interact, including Court staff, with professionalism, dignity, respect, and impartiality;

13.          Shall cooperate with all law enforcement agencies and their representatives including the Sheriff’s Department, the C.C.C.F., and Carbon County staff;

14.          Shall not use any means that has no substantial purpose other than to embarrass, delay, or burden the rights of another person or use methods that violate the legal rights of such person;

15.          Shall not in any manner hold himself/herself out to be an agent, employee, or representative of any Court office; and

16.          Shall not utilize a motor vehicle in the performance of judicial duties contrary to the provisions of the Pennsylvania Motor Vehicle Code. 

C.            Confidentiality - Constables shall not disclose or use confidential information obtained through the performance of judicial duties for any purpose not connected with the performance of their judicial duties. 

D.                  Conflicts of Interest -

1.            Constables shall not solicit, accept, or agree to accept anything of value from any person or entity doing or seeking to do business with, or having an interest in a matter related to the performance of judicial duties. 

2.            Constables shall not permit family, social, or other relationships to influence their official conduct or judgment, or to create the appearance of influence in the exercise of their official conduct or judgment, while in the performance of judicial duties.  Constables performing judicial duties shall inform the Court Administrator of any situation creating undue influence or the appearance of undue influence. 

3.            Constables shall not use the resources, employees, property, facilities, time, or any funds under their control while in the performance of their judicial duties to improperly benefit them or any other person. 

E.            Use of Force - A constable’s use of force shall be consistent with Pennsylvania law and in compliance with training and education provided by the C.E.T.B.  A constable shall never employ unnecessary force or violence and shall use only such force in the discharge of duty as is reasonable under the circumstances.  While the use of force is occasionally unavoidable, every constable in the performance of judicial duties shall refrain from applying any unnecessary infliction of pain or suffering and shall never engage in cruel, degrading, or inhuman treatment of any person.  A constable shall not fire, unholster, or otherwise remove a firearm from its holster in the performance of judicial duties unless the same is necessary for the defense of the constable or others in response to the threat or use of deadly force against the constable or another where the action is consistent with firearms training provided by P.C.C.D.  In no event shall a firearm be unholstered for purposes of intimidation.   

F.            Appearance -

1.            Dress - All constables shall dress in customary law enforcement uniform or casual business dress while performing judicial duties.  Denim jeans are considered neither customary law enforcement uniform nor casual business dress and are prohibited.   

2.            Sign of Authority - While in the performance of judicial duties, all constables shall prominently display a badge of authority on their outermost clothing.  The badge of authority shall consist of either a Pennsylvania state constable patch or a badge pinned to the outermost garment, displayed around the neck, or attached to a belt.  Additionally, while performing judicial duties, a constable shall carry at all times a constable certification card issued by C.E.T.B. indicating certification number and expiration date. 

G.           Duty to Report - Constables who are arrested, charged with, or convicted of a crime, including summary offenses, which occurred while the constable was acting in the course of performing judicial duties, shall report this fact to the Court Administrator at the earliest opportunity, however, in no event shall this report be made later than three (3) business days from the date of arrest or receipt of charges.  Constables who are arrested, charged with, or convicted of a crime, other than summary traffic offenses not committed while in the performance of judicial duties, regardless of the jurisdiction in which the conduct occurred, shall report this fact to the Court Administrator at the earliest reasonable opportunity, however, in no event shall this report be made later than three (3) business days from the date of the arrest or receipt of charges.

ACKNOWLEDGMENT

I, ____________________________________, have received a copy of the Pennsylvania Unified Judicial System Constable Policies, Procedures, and Standards of Conduct.  I also acknowledge receipt of a copy of the Fifty-Sixth Judicial District Constable Manual.  I understand that in order to perform judicial duties, or to be paid for work performed for the Fifty-Sixth Judicial District, I must abide by the procedures and requirements set forth in the Pennsylvania Unified Judicial System Constable Policies, Procedures, and Standards of Conduct and the Fifty-Sixth Judicial District Constable Manual, including the Code of Conduct, and hereby agree to abide by those procedures and requirements. 

______________________________________                           ____________________

Print Name                                                                                                                   Date

 

______________________________________

Signature

 

______________________________________

Witness

Exhibit A


CARBON COUNTY CONSTABLE PAYMENT SHEET

CONSTABLE NAME ______________________________________________  CONSTABLE NUMBER __________________

DISTRICT COURT NUMBER _________________________       DISTRICT JUDGE ____________________________________

DEFENDANT’S NAME ________________________________________________ DOCKET NUMBER __________________

DEFENDANT’S ADDRESS _______________________________________________________________________________

_________________________________________________________________________________________________

                                                                DATE(S) SERVICES                                                                                     DATE(S) SERVICES

SERVICE                    FEE                                PERFORMED                SERVICE                                      FEE                      PERFORMED       

WARRANT ……….$___________        (____)______________    ARRAIGNMENT………………    $ ___________   * (____)_______________

HOW WAS SERVICE MADE? __________________________    COMMIT TO.…………………....   $____________   * (____)_______________      

__________________________________________________    _____________________________________________________________                

__________________________________________________   RETURN OF SERVICE ….….     $___________       (____)_______________

TO  WHOM? _______________________________________   CONVEY (FINGERPRINTING) $___________    *  (____)_______________

RELEASE ………..$___________       (____)______________        FINGERPRINTING ……………    $___________    *  (____)_______________

CUSTODY………. $___________     * (____)______________       RELEASED ON BOND …….…    $___________    *  (____)_______________

CONVEY ……..….$___________     * (____)______________       OTHER ………………………...        $___________        (____)_______________

TO:_______________________________________________    OTHER ………………………..         $___________         (____)_______________

TO:_________________________________________  OTHER ………………………..         $___________        (____)_______________

* MAY ONLY BE CHARGED ONCE PER DEFENDANT PER DATE HANDLED                            TOTAL    $ ____________________

NAME OF ASSISTING CONSTABLE OR DEPUTY _________________________________________________________________

DATE                         FROM/TO                                                                           MILES

__________             _________________________________________    ____________

__________             _________________________________________    ____________

__________             _________________________________________    ____________

__________             _________________________________________    ____________

__________             _________________________________________    ____________   

MILEAGE @  _________ CENTS PER MILE                     TOTAL MILES         ____________      MILES    $ ____________________

ATTACH ADDITIONAL SHEETS, IF NECESSARY.

                                                                                                                                          CETA     $ ____________________

                                                                                                                  TOTAL AMOUNT DUE   $                                         

 


I HEREBY CERTIFY THAT THE ABOVE SERVICES HAVE BEEN PERFORMED.       THE UNDERSIGNED HEREBY CERTIFIES THAT THE ABOVE

                                                                                                                                         SERVICES HAVE BEEN PERFORMED AND THAT NO OTHER

__________DAY OF _________________,   _________                                                 REQUESTS FOR PAYMENT FOR THESE SERVICES HAS

                                                                                                                                         BEEN MADE.

_____________________________________________________                      ________________________________________________________

            DISTRICT JUDGE   (DISTRICT COURT SEAL)                                                                 SIGNATURE OF CONSTABLE

Exhibit B

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

CRIMINAL DIVISION

ORPHANS’ COURT DIVISION

 

                                                                   IN RE :           AMENDMENT OF CARBON COUNTY LOCAL             :           15-0149

                                                                                          RULE OF JUDICIAL ADMINISTRATION                    :     CP-13-AD-0000003-2015

                                                                                          1901 -- PROMPT DISPOSITION OF MATTERS;       :         15-9033

                                                                                          TERMINATION OF INACTIVE CASES                        :

 

ADMINISTRATIVE ORDER NO. 14-2016

           

            AND NOW, this 20th day of September, 2016, it is hereby

          ORDERED and DECREED that, effective December 31, 2016, Carbon County AMENDS Local Rule of Judicial Administration 1901 governing the prompt disposition of matters and termination of inactive cases.

          The Carbon County District Court Administrator is ORDERED and DIRECTED to do the following:

 

1.      File one (1) copy electronically to adminrules@pacourts.us of this Administrative Order and Rule with the Administrative Office of Pennsylvania Courts.

2.      File two (2) paper copies and one (1) electronic copy in a Microsoft Word format to bulletin@palrb.us with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

3.      Publish the Rule on the Carbon County Court website at http://www.carboncourts.com.

4.      Forward one (1) copy for publication in the Carbon County Law Journal.

5.      Forward one (1) copy to the Carbon County Law Library.

6.      Keep continuously available for public inspection copies of the Administrative Order and Rule in the Clerk of Courts Office.

7.      Incorporate the Rule no later than thirty (30) days after publication in the Pennsylvania Bulletin with this Court's complete set of Rules of Court published at http://www.carboncourts.com.

                                                                                                                                            

                                                                                                                             BY THE COURT:

 

                                                                                                                                                                                                

                                                                                                                                                        ROGER N. NANOVIC, P.J.

RULE 1901   PROMPT DISPOSITION OF MATTERS; TERMINATION OF INACTIVE CASES

A.       Cases before the Court of Common Pleas:

          The Prothonotary, Register of Wills/Clerk of Orphans Court, and Clerk of Courts shall prepare and forward to the District Court Administrator a list of all cases in which no steps or proceedings have been taken for two years or more prior to the 15th day of August of each year for call on the following first Monday of December, or on such other date as the Court by special order may direct.  Notice of the proposed termination as provided by Pa.R.J.A. 1901 (c), and as provided by Pa.R.C.P. 230.2 for actions governed by the Pennsylvania Rules of Court Procedure, shall be given by the Prothonotary, Register of Wills/Clerk of Orphans Court, and Clerk of Courts, as applicable, to all parties and/or attorneys prior to the call, including, where required, by publication in the Carbon County Law Journal.  If no action is taken, or written objection or statement of intention to proceed is filed, prior to the call, or if good cause for continuing the matter is not shown at the call, the Court shall enter an order dismissing the proceedings.

B.       Cases before the Magisterial District Courts:

1.       On or before the 15th day of November of each year, each Magisterial District Court shall:

          a.       Identify all summary citations or tickets issued, including these for violation of any local ordinance, where no plea has been entered or other disposition rendered, and there is no evidence of activity for the immediately preceding three year period.

          b.       Compile a list for all cases identified in subparagraph (a) above and attach a secure docket sheet that indicates the name of the affiant, the name of the defendant, the docket number and the charge(s) associated with the docket number.

          c.       Forward this list with attachments to the District Court Administrator.

          2.       Upon receipt of this list, the District Court Administrator shall:

                   a.       Publish the list in the Carbon County Law Journal.

                   b.       Provide a copy of the list to the Carbon County District Attorney.

          3.       The publication shall include a notice that the matters listed shall be terminated after thirty (30) days of publication unless a party to the proceeding requests a hearing from the appropriate Magisterial District Court.

                   a.       If the defendant requests a hearing, the matter shall promptly be scheduled for such hearing or other disposition pursuant to the Rules of Criminal Procedure.

                   b.       If the Commonwealth requests a hearing to oppose termination, the matter shall promptly be scheduled to determine if termination is appropriate.

                   c.       Disposition of any hearing, including hearings where a citation or ticket is dismissed over the objection of the Commonwealth, shall be filed of record in the MDJS.

                   d.       The Commonwealth shall have the right to appeal any determination to the Court of Common Pleas within the time period for Summary Appeals pursuant to the Rules of Criminal Procedure.

          4.       In the event a hearing is not requested within thirty (30) days of publication, the Magisterial District Judge shall:

                   a.       Dismiss any summary traffic and non-traffic citation or parking violation filed which was issued three years prior to November 15th of each respective year.

                   b.       Vacate any active warrant issued for the dismissed summary citation or ticket and promptly remove the warrant from MDJS.

                   c.       Forward notice to the Pennsylvania Department of Transportation that the citation or ticket has been dismissed and request withdrawal of the defendant's license suspension, if applicable, pursuant to Pa.R.Crim.P. 470.

                   d.       Promptly forward to the District Court Administrator a list of all cases which have been dismissed.

 

Effective July 1, 2004

Revision effective December 31, 2016

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL ACTION

ORPHANS’ COURT DIVISION

 

                                                                   IN RE:         LIST OF QUALIFIED                :

                                                                                                      COUNSELORS AND                  :   NO.     16-2289 &

                                                                                       COUNSELING SERVICES         :              16-9309

 

ADMINISTRATIVE ORDER 15-2016

 

          AND NOW, this 26th day of September, 2016, pursuant to 23 Pa.C.S.A., § 3302 (d) and §2505 (b) governing the Compilation of a List of Qualified Counselors and Counseling Services, it is hereby    

          ORDERED and DECREED that effective November 1, 2016 the Court of Common Pleas hereby ADOPTS the attached list of Qualified Counselors and Counseling Services for Carbon County actions in Divorce, Termination, and Adoption proceedings.

          The Carbon County District Court Administrator is ORDERED and DIRECTED to do the following:

1.   File one (1) copy electronically to adminrules@pacourts.us of this Administrative Order and Rule with the Administrative Office of Pennsylvania Courts.

2.   File two (2) paper copies and one (1) electronic copy in a Microsoft Word format to bulletin@palrb.us with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

3.   Publish the Rule on the Carbon County Court website at http://www.carboncourts.com.

4.   Forward one (1) copy for publication in the Carbon County Law Journal.

5.   Forward one (1) copy to the Carbon County Law Library.

6.   Keep continuously available for public inspection copies of the Administrative Order and List in the Prothonotary and Orphans Court Offices.

7.   Incorporate the Rule no later than thirty (30) days after publication in the Pennsylvania Bulletin with this Court's complete set of Rules of Court published at http://www.carboncourts.com.   

                                                                                                                  

                                                                                                                    BY THE COURT:

 

                                                                                                                    ________________________________

                                                                                                                                                                        ROGER N. NANOVIC, P.J.

Counseling Agencies

 

 

Name

Address

Phone

Counseling Services

1

Adoptions for the Heart

2212 Union Blvd.

Allentown, PA 18109

1-800-355-5500

Counseling for clients (birthparents, adoptive parents)

2

Adoption Services

C/o Dr. Vincent Berger

28 Central Blvd.

Camp Hill, PA 17011

1-800-943-0400

Adoption

3

Bridge Youth Services

214 West Walnut St Hazelton, PA 18201

(570) 455-1521

Counsel teens on divorce, adoption and termination services

4

Catholic Social Agency

13 Westwood Center Pottsville, PA 17901

(570) 628-0466

Divorce, adoption & foster care

5

Concern Professional Services for Children, Youth & Families

22-24 North Franklin St Fleetwood. PA 19522

(610) 944-0445

Divorce, adoption & termination services

6

Lutheran Home - Family Life Services 

1 South Home Avenue

Topton, PA 19562-1399

(610) 682-1337

Divorce (only deal with people that want to be counseled)

7

Julie Corriere

433 East Broad Street

Bethlehem, PA 18018

(610) 807-0218

Divorce & adoption

8

Kidspeace

5300 Kidspeace Drive

Orefield, PA 18069

(610) 799-8005

Foster care & associated with the statewide adoption network

9

Nancy Dutt

146 West Broad Street

Bethlehem, PA 18018

Work number (610) 865-2288

Home number (610) 770-1652

Counsel couples, child foster care & adoption. 

No family court.

10

Planned Parenthood of Northeast PA

29 North 9th St Allentown, PA 18101

(610) 439-1033

Adoption, termination services

11

United Charities

107 Madison Avenue

West Hazelton, PA 18201

(570) 455-1529

Divorce, general counseling

12

Methodist Services

51 Market St

Bangor, PA 18103

(610) 588-9109

All types of counseling services for all ages

 

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION

 

                                                                   IN RE:     SUSPENSION OF                         :

                                                                                   GEORGE T. BOTTOMLEY, JR.      :        NO.    CP-13-AD-0000006-2016

 

ADMINISTRATIVE ORDER 16-2016

 

          AND NOW, this 3rd day of October, 2016, it is hereby
          ORDERED and DECREED that, effective immediately and continuing until further order of this Court, Constable George T. Bottomley, Jr., certification #B003399, is SUSPENDED from performing any judicial duties in the 56th Judicial District, Carbon County, Pennsylvania.  No Magisterial District Court within this district shall assign any duties to Constable Bottomley and the same are further ORDERED to cease issuing warrants or other judicial process to Constable George T. Bottomley, Jr. and to recall all warrants or other judicial process previously issued to Constable George T. Bottomley, Jr.  Constable Bottomley shall immediately return any uncompleted judicial assignments to the issuing authority.

          The Carbon County Sheriff is ORDERED to serve a copy of this order on Constable George T. Bottomley, Jr.  The Clerk of Courts shall serve a copy of this Order upon all Magisterial District Judges within the 56th Judicial District, the Carbon County District Attorney and the District Court Administrator.  The District Court Administrator shall publish notice of this suspension pursuant to Article I.A.2. of the Pennsylvania Unified Judicial System Constable Policies, Procedures and Standards of Conduct.
                                                        
                                                          BY THE COURT:

 

                                                                                                                    ________________________________
                                                                                                                                       ROGER N. NANOVIC, P.J.

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

 

CIVIL ACTION

 

                                                                   IN RE:        APPOINTMENT OF                   :
                                                                                      MASTER IN DIVORCE              :        NO.    16-0001
                                                                                      OCTOBER 1, 2016 TO              :
                                                                                      DECEMBER 31, 2016               :

ADMINISTRATIVE ORDER 17-2016

          AND NOW, this 3rd day of October, 2016, in order to implement the Local Rules of Court relating to actions for divorce, it is hereby
          ORDERED and DECREED that EILEEN DIEHL, Esquire be and is hereby APPOINTED MASTER for divorce proceedings effective October 1, 2016 until December 31,
2016.  To allocate the filing fee between the County and the litigant, the Master's fee shall be calculated at the rate of FIFTY DOLLARS ($50.00) per hour for each Master Hearing actually conducted.

                                                                                                                             BY THE COURT:

                                                                                                                             ______________________________
                                                                                                                                                ROGER N. NANOVIC, P.J.

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

 

CIVIL ACTION

CRIMINAL

ORPHANS’ COURT
JUVENILE COURT
DOMESTIC RELATIONS COURT

 

                                                                   IN RE:         ADOPTION OF NEW LOCAL RULES         :        NO.    16-3551

                                                                          OF JUDICIAL ADMINISTRATION            :                  16-9388

                                                                          GOVERNING COURT REPORTING           :                  CP-13-AD-0000007-2016

                                                                          AND TRANSCRIPTS                                  :                   1DR2016

 

ADMINISTRATIVE ORDER 18-2016

 

AND NOW, this 1st day of December, 2016, it is hereby

ORDERED and DECREED that effective January 1, 2017, the Carbon County Court of Common Pleas adopts the following local rules governing court reporting and transcripts for the 56th Judicial District.

The Carbon County District Court Administrator is ORDERED and DIRECTED to do the following:

1.           File one (1) copy to the Administrative Office of Pennsylvania Courts via email to adminrules@pacourts.us.

2.           File two (2) paper copies and one (1) electronic copy in a Microsoft Word format only to bulletin@palrb.us with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

3.           Publish these Rules in the Carbon County Law Journal and on the Carbon County Court website at www.carboncourts.com.

4.           Forward one (1) copy to the Carbon County Library.

5.           Incorporate these rules into the set of local rules on www.carboncourts.com within thirty (30) days after the publication of these rules in the Pennsylvania Bulletin.

6.           File one (1) copy of these rules in the appropriate filing office for public inspection and copying.

                                                         

                                                                                                                   BY THE COURT:

 

                                                                                                                    ________________________________

                                                                                                                                                ROGER N. NANOVIC, P.J.

 

 

RULE 101.           TITLE AND CITATION

 

These Rules shall be known as the Carbon County Rules of Judicial Administration and may be cited as “C.C.R.J.A.-    .”

 

Effective January 1, 2017

 

 

RULE 4007.         SUBMITTING AND PROCESSING TRANSCRIPT REQUESTS - LOCAL RULE

 

A.       Transcript Requests:

 

1.            All requests for transcripts shall be set forth on the standardized form provided by the Administrative Office of Pennsylvania Courts.

 

2.            The request form shall be submitted to the District Court Administrator with copies to the Presiding Judge, the court reporter and opposing counsel/unrepresented party.

 

3.            Upon receipt of a transcript request, the court reporter shall provide the District Court Administrator and the requesting party with an estimated cost of the transcript requested and except where the Court or County is responsible for the cost, shall notify the requesting party to submit a check payable to the County of Carbon in an amount of no less than one-half of the estimated total cost. Said check shall be delivered to the District Court Administrator. Upon receipt of this deposit, the District Court Administrator will notify the court reporter to prepare the transcript.

 

4.            When the transcript is completed, the court reporter shall so notify the District Court Administrator and the requesting party of this fact and of the final balance due.  A check payable to the County of Carbon for the final balance due shall be delivered to the District Court Administrator by the requesting party.  Upon receipt of the final balance due, the District Court Administrator will notify the court reporter to file the transcript in the appropriate filing office and provide copies to the parties.

 

5.            All checks submitted for transcripts shall be forwarded by the District Court Administrator to the appropriate filing office where the original case file is located.  Said filing office shall deposit and record the transcript costs paid and shall forward the funds to the County of Carbon.

 

6.            Any request by a litigant for a transcript pursuant to Pa.R.J.A. 4007 (E) alleging inability to pay due to economic hardship must be directed to the Presiding Judge for determination as provided in Rule 4008 (B) and shall be accompanied by a proposed order granting the requested relief.

 

7.            All production of transcripts by the court reporters shall be in compliance with Pa.R.J.A. Rules 4001 et seq.

 

8.            In addition to the filing requirements of Rule 4006 (F) (matters on  appeal), court reporters shall file a separate monthly report with the District Court Administrator of all ordered or requested transcripts for matters not under appeal on a form to be provided by the District Court Administrator.  On this form, the court reporters shall report on the status of each request or order for a transcript of court proceedings in chronological order starting with the earliest request or order made to the most recent.

 

Effective January 1, 2017

 

 

RULE 4008.       TRANSCRIPT COSTS PAYABLE BY A REQUESTING PARTY - LOCAL RULE

 

A.       Transcript Costs:

 

1.            The charge to a requesting party for transcripts of judicial proceedings in the Courts of Carbon County prepared by a court reporter shall be as follows:

 

a.            For a requesting party other than the Commonwealth or a political subdivision of this Commonwealth when the transcript is provided in electronic format:

 

(1)         $2.50 per page for an ordinary transcript;

 

(2)         $3.50 per page for an expedited transcript (when available);

 

(3)         $4.50 per page for daily transcript (when available); and

 

(4)         $6.50 per page for same day delivery for transcripts delivered within six (6) hours of the close of the court session (when available).

Any transcript prepared in bound paper format shall include a $0.25 per page surcharge.

 

b.            For the Commonwealth or a Political Subdivision of this Commonwealth when the transcript is provided in electronic format:

 

(1)         $2.00 per page for an ordinary transcript, plus $1.00 per page for a copy requested by a party other than the Commonwealth or a political subdivision (provided that if more than one such party requests a copy, the aggregate cost of these copies to all requesting parties shall not exceed $2.50 per page);

 

(2)         $3.00 per page for an expedited transcript (when available), plus $1.00 per page for a copy requested by a party other than the Commonwealth or a political subdivision (provided that if more than one such party requests a copy, the aggregate cost of these copies to all requesting parties shall not exceed $3.50 per page);

 

(3)         $4.00 per page for a daily transcript (when available), plus $1.00 per page for a copy requested by a party other than the Commonwealth or a political subdivision (provided that if more than one such party requests a copy, the aggregate cost of these copies to all requesting parties shall not exceed $4.50 per page); and

 

(4)         $5.00 per page for same day delivery for transcripts delivered within six (6) hours of the close of the court session (when available), plus $1.00 per page for a copy requested by a party other than the Commonwealth or a political subdivision (provided that if more than one such party requests a copy, the aggregate cost of these copies to all requesting parties shall not exceed $6.50 per page).

 

Any transcript prepared in bound paper format shall include a $0.25 per page surcharge.

 

c.       For cases such as mass tort, medical malpractice or unusually complex litigation for which court reporters need to significantly expand their dictionary, upon certification of this need by the court reporter and approval by the presiding trial judge, a surcharge of $0.25 per page will be added to the foregoing rates charged the requesting party.

 

2.            The charge for a rough draft transcript of judicial proceedings in the Courts of Carbon County prepared by a court reporter is hereby set at $1.00 per page for an ordinary draft and $2.25 per page for a daily rough draft (when available).

 

3.            For any party who requests real time transmission of the court reporter’s translated notes instantaneously by an electronic feed to a laptop, tablet, phone or other portable electronic device via cable, Wi-Fi, router or Bluetooth, the party, media or other interested individual making such request (after first checking with the District Court Administrator that real time transmission is available) shall (1) file their request with the District Court Administrator a minimum of fourteen days in advance of the proceeding; (2) be required to cover the cost of the electronic connection to accommodate such request; and (3) be charged a fee of $150.00 for each half day or less of transcription services provided by the court reporters and $300.00 for each day in which the proceedings exceed a half day.

 

B.       Waiver/Reduction of Transcript Costs:

 

1.            Ordinary transcripts requested by litigants in matters under appeal or where the transcript is necessary to advance the litigation who meet the minimum standards for economic hardship pursuant to Pa. R.J.A. 4008 (B) (1) and (B) (2) shall attach to their transcript request an affidavit in support of any request to waive all or a portion of the transcription costs.

 

2.            The cost for ordinary transcripts in matters that are not under appeal or where the transcript is not necessary to advance the litigation, and the cost for expedited, daily, rough draft or same day delivery transcripts (when available) to litigants who meet the minimum standards for economic hardship pursuant to Pa.R.J.A. 4008 (B) (1) and (B) (2) and who request a waiver or reduction in transcript fees shall have attached to the transcript request an affidavit in support of any request to waive all or a portion of the costs of transcription.  Costs may be waived at the Court's discretion upon good cause shown.

 

3.            The affidavit required by Subsection (B) (1) and (B) (2) shall be in substantially the form required by Pa.R.C.P. 240 (h).

 

4.            Litigants who have been approved for representation by legal aid services shall not be required to prove economic hardship and shall be entitled to obtain ordinary transcripts at no cost.  Legal aid services must provide to the Presiding Judge and attach to their transcript request a letter of certification verifying in accordance with Pa.R.J.A. 4008 (B) that the represented client meets financial eligibility and that the matter is under appeal or that the transcript being requested is necessary to advance the current litigation.  

 

C.       Cost for Copies of Filed Transcripts:

 

1.            Any requests for copies of transcripts that have been previously ordered, transcribed and filed of record shall be provided by the filing office at the following copy rates, which funds shall be turned over to the County of Carbon:

 

a.            $0.75 per page bound, paper format; and

 

b.            $0.50 per page electronic copy.

 

Effective January 1, 2017

 

 

RULE 4009.     COMPENSATION TO BE PAID TO COURT REPORTERS - LOCAL RULE

 

A.           In accordance with Pa.R.J.A. 4009, requiring the promulgation and publishing of a local rule establishing the fees to be paid for all court reporting products and the comment following Pa.R.J.A. 4007, the following amounts shall be paid to court reporters for their professional services as indicated below:

 

1.            For transcripts requested by a party other than the Commonwealth or a political subdivision, court reporters shall be paid for their professional services an amount equal to the amount charged a requesting party as set forth in Rule 4008 (A)(1)(a) and (c) (if applicable), plus an additional $1.00 per page.

 

2.            For transcripts requested by the Commonwealth or a political subdivision, court reporters shall be paid for their professional services an amount equal to the amount charged a requesting party as set forth in Rule 4008 (A)(1)(b) and (c) (if applicable), plus an additional $1.00 per page for copies requested by a party other than the Commonwealth or a political subdivision.

 

3.            For a rough draft transcript, court reporters shall be paid for their professional services an amount equal to the amount charged a requesting party as set forth in Rule 4008 (A)(2).

 

4.            For real time transmission of the court reporters’ translated notes, court reporters shall be paid for their professional services the sum of $150.00 for each half day or less of transcription services provided and $300.00 for each day in which the proceedings exceed a half day.

 

5.            The amount of compensation to be paid to court reporters for their professional services in the preparation and production of transcripts is not to be reduced notwithstanding the waiver or reduction in the cost of a transcript to a litigant pursuant to Rule 4008 (B).

 

6.            It is the intent of this Rule to ensure that court reporters shall continue to be compensated for the preparation of transcripts in an amount substantially the same as that previously received by court reporters for these services prior to the Pennsylvania Supreme Court’s adoption of Pa.R.J.A. Nos. 4007-4009 and is not intended to reduce or otherwise limit the income of court reporters.

 

Effective January 1, 2017

 

 

RULE 4014.     AUTOMATIC REDACTION OF CERTAIN PERSONAL DATA IDENTIFIERS -  LOCAL RULE

 

A.       Unless otherwise directed by the Presiding Judge, the court reporter preparing the transcript shall redact from the original transcript filed in the appropriate filing office those personal data identifiers for which redaction software has been obtained and is being utilized in such filing office, but these identifiers shall not be redacted on transcripts that are provided to the Court and to the parties.  Currently, the software being utilized by the Prothonotary’s Office redacts the following personal data identifiers:

 

1.            Social Security Numbers, all but the last four digits;

 

2.            Driver's License Number, all but the last four digits;

 

3.            Vehicle Identification Numbers, all but the last four digits;

 

4.            Financial institutions account numbers, all but the last four digits;

 

5.            Dates of Birth, except year;

 

6.            Names of minor children, except for the first initial of the first and last names. 

 

Effective January 1, 2017

 

 

RULE 4016.     STORAGE AND RETENTION OF EXHIBITS -  LOCAL RULE

 

In any proceeding in which cash, drugs, weapons or other dangerous materials are marked as exhibits and admitted into evidence, such exhibits shall be kept in secure locations by law enforcement for production on appeal or for a new trial, or pending forfeiture or a destruction order of the Court.  With respect to those files whose contents are required to be kept confidential, as well as any other matters where the files have been sealed or access to the files has been restricted, exhibits admitted into evidence as part of the Court record shall be maintained with the official Court record in the appropriate filing office, excluding those exhibits identified in the preceding sentence.  All other exhibits admitted into evidence in a Court proceeding shall be retained by the court reporter in a secure location provided by the County for these purposes.

 

Effective January 1, 2017

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

CRIMINAL DIVISION

 

                                                                   IN RE:         AVAILABILITY AND                          :        NO. 16-0081

 

                                                                                     TEMPORARY ASSIGNMENTS OF      :        CP-13-AD-0000003-2016        

                                                                                      MAGISTERIAL DISTRICT JUDGES   :                 

 

 

ADMINISTRATIVE ORDER  19-2016

 

 

AND NOW, this 28th day of December, 2016, in order to ensure compliance with Pa.R.C.P.M.D.J.112 governing the Rules of Conduct, Office Standards, and Civil Procedure for Magisterial District Judges, Pa.R.Crim.P. 132 governing the Temporary Assignment of Issuing Authorities, Pa.R.C.P. 1901.2 governing Scheduling of Temporary Protection From Abuse matters, Carbon County’s Administrative Order 27-2001 governing when the Court is available to address Temporary Protection From Abuse matters, Carbon County Local Rule CARB.R.C.P. 1901.5 governing Enforcement of Protection From Abuse matters and 35 P.S. § 10225.307 governing Involuntary Intervention by Emergency Court Order under the Older Adult Protective Services Act, it is hereby

ORDERED and DECREED that the schedule attached hereto be and is hereby APPROVED and said attachment SHALL ESTABLISH the on-call schedule and temporary assignments for the Magisterial District Judges of Carbon County for the period of January 2, 2017 through April 2, 2017.

IT IS FURTHER ORDERED AND DECREED that the same Magisterial District Judge temporarily assigned on this schedule SHALL SERVE as the temporary issuing authority during regularly scheduled hours for any  Magisterial District Judge unavailable due to duties outside the county, mandatory continuing education classes, illness or vacation.

 

 

                                                                                                                   BY THE COURT:

 

 

                                                                                                                    ______________________________

 

                                                                                                                                        ROGER N. NANOVIC, P.J.


SCHEDULE FOR OTHER THAN REGULARLY SCHEDULED HOURS AND EMERGENCIES FOR CARBON COUNTY MAGISTERIAL DISTRICT JUDGE COURTS 3-1, 3-2, 3-3 AND 3-4 BEGINNING 4:30 P. M. EACH MONDAY AND ENDING THE FOLLOWING MONDAY AT 4:30 P. M.

 

January 2, 2017

January 9, 2017

January 16, 2017

January 23, 2017

January 30, 2017

 

February 6, 2017

February 13, 2017

February 20, 2017

February 27, 2017

 

March 6, 2017

March 13, 2017

March 20, 2017

March 27, 2017

 

 

 

 

 

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge William J. Kissner

Magisterial District Judge Eric M. Schrantz

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge William J. Kissner

   

Magisterial District Judge Eric M. Schrantz

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge William J. Kissner

 

Magisterial District Judge Eric M. Schrantz

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge William J. Kissner

 

 

 

Court 3-4

Court 3-2

Court 3-1

Court 3-3

Court 3-2

 

Court 3-1

Court 3-4

Court 3-3

Court 3-2

 

Court 3-1

Court 3-4

Court 3-3

Court 3-2