IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION
IN RE: APPOINTMENT OF :
MASTER IN DIVORCE : NO.
04-0030
FOR 2004 :
ADMINISTRATIVE ORDER NO. 1-2004
AND NOW, this 6th day of January, 2004, 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, 2004 until
December 31, 2004.
The Master shall be compensated at the rate of FIFTY DOLLARS ($50.00)
per hour for each Master Hearing actually conducted.
BY
THE COURT:
______________________________
P.J.
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY,
PENNSYLVANIA
CIVIL ACTION
IN RE: APPOINTMENT OF :
MENTAL HEALTH :
NO. 04-0030
REVIEW OFFICERS :
FOR 2004 :
ADMINISTRATIVE ORDER 2-2004
AND
NOW, this 6th day of January, 2004, in order to implement the Local Rules of Court
relating to actions for mental health and mental retardation, it is hereby
ORDERED and DECREED that WILLIAM B. QUINN, Esquire and MARIANNE S.
LAVELLE, Esquire be and are hereby APPOINTED MENTAL HEALTH REVIEW OFFICERS
effective January 1, 2004 until December 31, 2004 for Mental Health and Mental
Retardation 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: William B. Quinn, Esquire
March
& April: Marianne
S. Lavelle, Esquire
May & June:
William B. Quinn, Esquire
July & August: Marianne S. Lavelle, Esquire
September & October: William B. Quinn, Esquire
November & December: Marianne S. Lavelle, Esquire
BY
THE COURT:
______________________________
P.J.
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION
IN RE: APPOINTMENT OF :
CUSTODY
COUNSELOR :
NO. 04-0030
ADMINISTRATIVE ORDER 3-2004
AND NOW,
this 6th day of January, 2004, 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 be and are hereby APPOINTED CUSTODY COUNSELOR
for visitation and custody proceedings effective January 1, 2004 until December
31, 2004. The Custody Counselor shall be
compensated at the rate of FIFTY DOLLARS ($50.00) for each Preliminary
Conference actually conducted and FIFTY DOLLARS ($50.00) per hour for each
Final Hearing actually conducted.
BY THE COURT:
__________________________
P.J.
IN
THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION
IN
RE: APPOINTMENT OF :
EDUCATION
PROGRAM :
FOR
DIVIDED FAMILIES :
COUNSELOR : NO. 04-0030
AND
NOW, this 6th day of January, 2004, in order to implement the Local
Rules of Court relating to the impact of divorce on parents and children, it is
hereby
ORDERED
and DECREED that Kathryn M. James be and are hereby APPOINTED COUNSELOR for the
Education Program for Divided Families effective January 1, 2004 until December
31, 2004. The Custody Counselor shall be
compensated at the rate of THIRTY-FIVE DOLLARS ($35.00) by the Plaintiff and
THIRTY-FIVE DOLLARS ($35.00) by the Defendant for each Education Program for
Divided Families seminar conducted.
BY
THE COURT:
______________________________
P.J.
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN
RE: APPOINTMENT OF :
: NO.
04-0030
BOARD
OF VIEWERS :
ADMINISTRATIVE ORDER NO. 5-2004
AND NOW,
this 6th day of January, 2004, by the authority vested in this Court
under the provisions of the Eminent Domain Code of 1964, 26 P. S. '1-801, 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 ONE (1) YEAR, effective January 1, 2004 to
December 31, 2004:
MARIANNE S. LAVELLE, ESQUIRE
415
Mahoning Street
Lehighton,
PA 18235
ANTHONY
ROBERTI, ESQUIRE
56
Broadway
Jim
Thorpe, PA 18229
STEVEN
J. HARTZ, ESQUIRE
P.O.
Box 22
Palmerton,
PA 18071
GERALD
F. STRUBINGER, JR., ESQUIRE
505
Delaware Avenue
Palmerton,
PA 18071
EUGENE
S. DURIGAN
157
South First Street
Lehighton,
PA 18235
VINCENT F. GILOTTI
735
Overlook Road
Lehighton,
PA 18235
RENE
J. FOUGERAY, JR.
Rt.
443, 583 Blakeslee Blvd. Dr. East
Lehighton,
PA 18235
EVA
M. DUGAN
5660
Interchange Road
Lehighton,
PA 18235
JAMES
A. CHRISTMAN
362
Delaware Avenue
Palmerton,
PA 18071
IT
IS FURTHER ORDERED and DECREED that this Court Order SUPERSEDES all existing
Appointment Orders for the Board of Viewers.
BY
THE COURT:
_________________________
P.J.
IN THE COURT OF
COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
IN
RE: SUMMONING OF JURORS :
: No. 12
MI 04
FOR
CARBON COUNTY
:
:
JURY
SELECTION :
ADMINISTRATIVE ORDER NO. 6-2004
AND NOW, this 18th day
of February, 2004, pursuant to 42 Pa.C.S.A. 4531, it is hereby
ORDERED and DECREED,
that the Jury Selection Commission SHALL SELECT at random from the Master List
of prospective jurors two hundred (200) names for the Term of Court on April
26, 2004 with the exact number of jurors reporting to be determined by the
Court prior to the beginning of trials.
BY
THE COURT:
P.J.
IN THE COURT OF COMMON PLEAS OF CARBON
COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
IN
RE: INTERMEDIATE PUNISHMENT
PLAN : NO. 057 MI 93
ADMINISTRATIVE ORDER 7 - 2004
AND NOW, this 25th day of February, 2004,
in order to modify policy and procedure for the Carbon County Intermediate
Punishment Plan, it is hereby
ORDERED and DECREED that, effective
thirty days after publication in the Pennsylvania Bulletin, the Court
hereby REVISES its Intermediate Punishment Plan that is attached hereto.
The Carbon County
District Court Administrator is ORDERED and DIRECTED to do the following:
1. File seven (7) certified copies of this
Administrative Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one
(1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) certified copy with the
Pennsylvania Criminal Procedural Rules Committee.
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 and Rule in the Clerk of
Court’s Office.
BY
THE COURT:
_____________________________
RICHARD W. WEBB, P.J.
POLICY MODIFICATION PROCEDURE FOR CARBON COUNTY INTERMEDIATE
PUNISHMENT PLAN
Purpose
To establish policy and procedure governing the administration of Carbon
County's Intermediate Punishment Programs of Intensive Supervision Services,
House Arrest/Home Electronic Monitoring and Residential Inpatient Treatment;
and to establish a process whereby the intermediate punishment officer and/or
presentence investigator can recommend innovative sentencing alternatives to
the court that may permit a better balance between the dual needs of community
protection and the welfare of the defendant.
Applicability
To the Carbon County Court of Common Pleas, Carbon County’s
Criminal Justice Advisory Board, all adult probation staff and all offenders
under the jurisdiction of the department.
Definitions
As utilized in this
document, the following definitions shall apply:
1. Collateral Contact: Communication with another
person having regular contact with the offender, such as law enforcement
personnel or treatment specialists.
2. Criminal Justice Advisory
Board:
A collective body of County officials that is responsible for the oversight of
the County's Intermediate Punishment Plan and Programs.
3. Home: The actual living
area of the temporary or permanent residence of an offender, which will only
include "inside the confines"
of the established home or apartment.
4. Home Electronic
Monitoring Program: A sentence in which the offender is required to wear or carry an
electronic device which transmits the offender's location to a receiver
maintained by criminal justice personnel.
5. House Arrest Program: A sentence which orders
offenders confined to their own residence except for preapproved excursions for
medical treatment, employment, performance of community service work,
drug/alcohol treatment or counseling and religious functions. House arrest may
be combined with electronic monitoring to detect violations.
6. Ignition Interlock System: A system approved by
the Department of Transportation which prevents a vehicle from being started or
operated unless the operator first provides a breath sample indicating that the
operator has an alcohol level less than .025%.
7. Intensive Supervision
Services: A sentence with increased supervision, surveillance and control;
reduced caseloads for probation officers; increased number of contacts per
month; and mandated activities for the offender, including work or vocational
training, community service work or drug/alcohol treatment.
8. Intermediate Punishment
Investigation: An investigation completed by the
intermediate punishment officer, which is provided to the court, that recommends
whether an offender is eligible for participation in an intermediate punishment
program.
9. Intermediate Punishment Plan: A document, which
describes a proposed intermediate punishment program.
10. Intermediate Punishment
Programs: A punishment option that is considered on a continuum to fall
between traditional probation and traditional incarceration.
11. Presentence Investigation: A concise document
provided to the sentencing court that includes socioeconomic data, prior
criminal record, demographic data and other background information on the
defendant.
12. Residential Rehabilitative Center: A community-based facility to which offenders can be sentenced
directly where a range of rehabilitative services is available, including drug
and alcohol treatment and counseling.
Authority and Policy
Statement
Authority: This policy statement has been developed pursuant to and in
accordance with statutory requirements, local rules established by the Carbon County
Adult Probation/Parole Department and the formal adoption by the Carbon County
Court of Common Pleas through administrative court order.
Policy Statement: The Carbon County
Adult Probation/Parole Department and Carbon County Court of Common Pleas recognizes that “innovative sentencing” or “alternatives to
incarceration” for low-risk, non-violent offenders is essential as a legitimate
sentencing option available to the court. Offenders that demonstrate “special
needs” or exhibit “low-risk, non-violent” tendencies shall be considered for
diversion from exposure to confinement and placement in an intermediate
punishment program. This approach will permit offenders to remain in the
community to support themselves and their legal dependents. Certain restrictions
shall be placed on the defendant that will ensure a better balance between the
punishment and rehabilitation of the offender, which approach will not
compromise the safety and the security of the community.
Criminal Justice Advisory Board
In accordance with 42
Pa.C.S.A. § 9802, the Criminal Justice Advisory Board shall oversee the
functions of the County’s Intermediate Punishment Board. The Criminal Justice
Advisory Board meets monthly and shall periodically assess available
county-wide correctional services and future needs; shall work with the county
office of probation and parole in developing the Intermediate Punishment Plan;
shall adopt a county intermediate punishment plan, including program policies
for administration; shall monitor the effectiveness of county correctional
services and shall identify needed modifications.
Primary Goals
and Objectives
The County's Intermediate Punishment Programs shall embrace the
primary purposes for the development of Intermediate Punishment Programs
established by the Pennsylvania Commission on Crime and Delinquency, which are
as follows:
1. To protect society
and promote efficiency and economy in the delivery of corrections services.
2. To promote
accountability of offenders to the community.
4. To provide opportunities for offenders
who demonstrate special needs to receive services, which enhance their ability
to become contributing members of the community.
Secondary Goals
and Objectives
Secondary objectives established and adopted by the Carbon County
Criminal Justice Advisory Board, the Carbon County Court of Common Pleas and
the Carbon County Adult Probation/Parole Department are as follows:
1. To divert low risk, non‑violent
and special need offenders from exposure to incarceration and to provide a
degree of punishment to an offender, which is less severe than incarceration,
yet more punitive than existing probation.
2. To establish viable
sentencing alternatives for the Court.
3. To reduce the incidence of criminal
behavior through increased surveillance and to promote a more structured
environment conducive to fostering improved work habits, family life and
treatment of social or behavioral problems.
4. To provide
counseling, education and treatment for targeted offenders.
Minimum Guidelines for Intermediate Punishment Programs
The Pennsylvania Commission on Crime and Delinquency has adopted the
following minimum guidelines. These guidelines shall be incorporated into the
County's Intermediate Punishment Programs as follows:
1. Intensive Supervision Services: The Carbon County Criminal Justice
Advisory Board shall approve and implement written policies and procedures for
the Intensive Supervision Services Program (See
37 Pa. Code § 451.119). This program shall include the following elements:
a. A drug testing
capability for appropriate offenders.
b. A monitoring
component, which defines the frequency and method of face-to-face and
collateral contacts to ensure offender's compliance with the conditions of the
program.
c. Limitation of
caseloads of program supervising officers consistent with the supervisory
component as described in this policy statement.
d. A minimum requirement
that eight (8) to twelve (12) face-to-face and four (4) to six (6) collateral
contacts be made by the supervising officer each month.
e. A requirement that
face-to-face and telephone contacts with offenders be made at all hours, seven
(7) days per week.
f. A requirement that
there be additional qualifications for participating offenders, such as work or
vocational training, community service, drug treatment, and, in appropriate
cases, a curfew.
g. Policy and procedure
for responding to major and minor violations of the program.
2. House Arrest Program: The Carbon County
Criminal Justice Advisory Board shall approve and implement written policies
and procedures for the House Arrest Program (See
37 Pa. Code § 451.117). This program shall include the following elements:
a. A drug testing capability for
appropriate offenders.
b. A requirement that offenders be
employed or actively seeking employment or enrolled in educational program/vocational
training or participating in community service, unless an offender is
physically or mentally incapable of performing the same, and have fixed
residences.
c. A monitoring component, which defines
the frequency of face-to-face and collateral contacts to ensure offender’s
compliance with the conditions of the program.
d. Limitation of the caseloads of program
supervising officers consistent with the supervisory plan as described in this
policy statement.
e. A requirement that a minimum of two (2)
face-to-face and three (3) collateral contacts be made by the supervising
officers each month.
f. A policy
and procedure for responding to major and minor violations of program
conditions.
g. If utilized in conjunction with the
home electronic monitoring program, the minimum standards relating to home
electronic monitoring shall be met.
h. A program for eligible DUI offenders
shall be combined with an electronic monitoring program in accordance with the
statutory requirements relating to sentencing restrictions.
3. Home Electronic Monitoring: The Carbon County Criminal Justice
Advisory Board shall approve and implement written policies and procedures for
the Home Electronic Monitoring program
(See 37 Pa. Code § 451.114). This program shall include the following
elements:
a. A drug testing capability for
appropriate offenders.
b. The timely detection of violations.
c. The maintenance of a 24‑hour‑per‑day
response to detected violations.
d. A monitoring component to ensure offender's
compliance with the conditions of the program.
e. A policy and procedure for responding
to major and minor violations of program conditions.
4. Residential Inpatient Drug and Alcohol Program: The Carbon County
Criminal Justice Advisory Board shall approve and implement written policies
and procedures for the Residential Inpatient Drug and Alcohol Program. The
board shall document that the services are provided by a licensee of the
Department of Health, Office of Drug and Alcohol Programs (ODAP) for
residential inpatient drug and alcohol treatment (See 37 Pa. Code § 451.121). This program shall include the
following elements:
a. A drug testing capability.
b. Establishment of services based on an
assessment of the offender's needs and available community resources.
c. Establishment of aftercare and
follow-up services involving sustained and frequent interaction with recovering
individuals who have progressed from the intensive or primary phase of
treatment.
d. Efforts to recruit, screen and select
service providers.
e. Guidelines to monitor the purchase of
services for offenders.
f. A monitoring component to ensure the
offender's compliance with the conditions of the residential inpatient drug and
alcohol program.
g. Policy and procedure for responding to
major and minor violations of residential inpatient drug and alcohol program
conditions.
Method of Supervision
Generally, an offender sentenced to an intermediate punishment
sanction shall be supervised in the community. However, office contacts will be
permitted, but should not be relied upon by the officer. Supervision of program
participants shall occur as follows:
1. Intensive
Supervision Program: Offenders placed in this program will be supervised in the community
setting by the assigned officer as follows:
a. Community Supervision: The officer shall maintain two (2) face-to-face contacts with the
offender on a weekly basis. Office contacts can be utilized for personal
contacts, however, office contacts are discouraged and should not be relied
upon by the officer.
b. Collateral Contacts: The officer shall maintain a minimum of one (1) collateral contact per
week with an individual who has direct contact with the offender on a regular
basis. One (1) collateral contact per month must be with a law enforcement
official.
c.
Urine Screens: The officer shall refer all
offenders to the Carbon-Monroe-Pike Drug/Alcohol Commission for urine testing;
however, it is recommended that random urine samples be secured to enhance the
drug testing component of this sanction.
2. House
Arrest/Home Electronic Monitoring: Offenders placed in this program will be supervised in the
community setting by the assigned officer as follows:
a. Community Supervision: The officer shall
maintain one (1) face-to-face contact with the offender on a weekly basis.
Office contacts can be utilized for personal contacts; however, office contacts
are discouraged and should not be relied upon by the officer.
b. Collateral Contacts: The officer shall
maintain a minimum of three (3) collateral contacts per month with an
individual who has direct contact with the offender on a regular basis. One (1)
collateral contact must be with a law enforcement official.
c. Urine Screens: The officer shall
refer all offenders to the Carbon-Monroe-Pike Drug and Alcohol Commission for
urine testing; however, it is recommended that random urine samples be secured
to enhance the drug testing component of this sanction.
3. Residential Inpatient Drug and Alcohol
Program: Offenders placed in this program will be supervised in the
community setting by the assigned officer as follows:
a. Community Supervision: The officer shall
maintain contact with the inpatient facility to ensure that the offender is compliant
with the requirements of the treatment program. The officer shall maintain one
(1) monthly contact with the offender while in the treatment program.
b. Collateral Contacts: The officer shall
maintain weekly contact with the treatment counselor.
c. Urine Screens: The offender shall
undergo random urinalysis testing as per the requirements of the inpatient
treatment facility.
d. Referral Process: Offenders selected
for the residential inpatient treatment program shall be referred to the
Carbon-Monroe-Pike Drug/Alcohol Commission in order to locate a suitable
facility accredited by the Office of Drug and Alcohol Programs. An assessment
shall be conducted on the offender to determine his/her level of care.
e. Credit for Time Served: Offenders, who successfully
complete inpatient treatment, may receive credit towards mandatory minimum
provisions of the Drunk Driving Law or other total or partial confinement
sentences.
f. Probation, Parole or Intermediate
Punishment Violators: These violators will be considered for an early discharge from
their recommitment sentence, to a residential inpatient treatment program, when
the violations are for drug and/or alcohol technical violations.
g. Treatment Documentation: The assigned officer
shall execute a release of information form to secure all treatment
documentation on the offender's progress while in the program.
h. After-Care/Follow-up
Recommendations: The offender will be required to follow all after-care
recommendations made by the treatment facility.
Intermediate Punishment Requirements
An order for an intermediate punishment program for an offender may
be continuous or intermittent. The participant will be required to remain
within the confines of his/her residence, except when the offender is participating
in any of the following:
2. Unemployed and
actively seeking employment.
3. Undergoing medical, psychiatric, mental
health treatment, counseling or other treatment programs approved by the Court
or the Adult Probation/Parole Department.
4. Attending a vocational or educational
program approved by the Court or the Adult Probation/Parole Department.
5. Attending a
regularly scheduled religious service at a place of worship.
6. Participating in a
community work release or community service program.
7. Sentenced to the
intensive supervision program without a curfew restriction.
8. Engaging in other
activities specifically approved by the Court or the Adult Probation/Parole
Department.
Sentence of Intermediate Punishment
In imposing a sentence of intermediate punishment, the court shall
specify at the time of sentencing the length of the term for which the
defendant is to be in an intermediate punishment program or a combination of
intermediate punishment programs. The term may not exceed the maximum term for
which the defendant could be confined and the program to which the defendant is
sentenced. The court may order a defendant to serve a portion of the sentence
under 42 Pa.C.S.A. § 9755 (relating to
partial confinement) or total confinement pursuant to 42 Pa.C.S.A. § 9756 (relating to total confinement) and to serve a
portion in an intermediate punishment program or a combination of intermediate
punishment programs pursuant to 42
Pa.C.S.A. § 9763 (sentence of intermediate punishment).
Eligible Offenders
Pursuant to 42 Pa.C.S.A. § 9802 (relating to intermediate punishment) for purposes of
sentencing, an eligible offender shall be defined as follows:
1. A person convicted of an offense who
would have otherwise been sentenced to a county correctional facility to a
period of partial confinement pursuant to 42
Pa.C.S.A. § 9724 (relating to partial confinement) or total confinement
pursuant to 42 Pa.C.S.A. § 9725 (relating
to total confinement).
2. An offender who
does not demonstrate a present or past history of violent or assaultive
behavior.
Eligible DUI Offender
Any person convicted under 75 Pa.C.S.A. § 3802 (relating to driving under
the influence of alcohol or controlled substance) and receiving a penalty
imposed pursuant 75 Pa.C.S.A. § 3804 (relating to penalties) may only be
sentenced to an intermediate punishment program in:
1. A residential
inpatient treatment program or a residential rehabilitative center.
Ineligible Offenders
Pennsylvania law states that any person convicted of certain
targeted offenses shall be ineligible under a sentence of intermediate
punishment (See 42 Pa.C.S.A. § 9802).
Ineligible DUI Offenders
Unless otherwise court ordered, the following DUI offenders are declared
ineligible for participation in Carbon County’s home electronic monitoring
program pursuant to 75 Pa.C.S. § 3804 (relating to penalties):
1. An offender with a
BAC of .08% to .099%, second and third offense.
2. An offender with a
BAC of .10% to .159% (High Rate of Alcohol), first offense.
3. An offender with a
BAC of .16% or higher (Highest Rate of Alcohol), first and third offense.
4. All fourth time
offenders, regardless of the BAC.
Miscellaneous Eligibility Criteria
In addition to statutory eligibility requirements and the
requirements of this policy statement, any
offender who meets any of the following additional criteria shall not be
recommended for participation under an order of intermediate punishment:
1.
An offender who exhibits
a present or past history of violent or assaultive conduct.
2. An offender who is
being held under a detainer, warrant or process issued by this Court or a Court
of another jurisdiction.
3. An offender who has
been revoked from a period of supervision on two (2) or more separate
occasions.
4. An offender who has
an extensive criminal or driving record.
5. An offender who resides in the Commonwealth, but outside the
geographical boundaries of Carbon County, unless the resident jurisdiction has
a comparable intermediate punishment program.
6. No serious bodily injury or death
resulted from the incident and/or the victim suffered serious psychological
harm as a result of the offender's actions.
7. An offender who has a history of prison escape.
8. An
offender who has a history of chronic mental health or psychotic behavior,
which would interfere with the operation of the program.
9. An offender who
does not have a telephone in the residence.
10. An offender who does
not desire to participate in these programs.
11. An offender who has
been afforded home electronic monitoring in the past.
12. An offender
convicted of Driving Under Suspension pursuant to 75 Pa.C.S.A. § 1543 (b).
13. An offender who did
not possess a valid driver’s license at the time of the arrest.
14. An offender
convicted of Habitual Offenders pursuant to 75 Pa.C.S.A. § 6503.1.
15.
An offender convicted of Fleeing or Attempting to Elude Police
Officer pursuant to 75 Pa.C.S.A. § 3733.
16. An offender convicted of Illegally
Operating a Motor Vehicle Not Equipped with Ignition Interlock pursuant to 75
Pa.C.S.A. § 3808
17. An offender who received an early
discharge from the ARD Program and committed his/her DUI offense while in the
ARD Program, but did not report the new arrest to his probation officer.
18. An offender who does not make restitution
to the victim(s) for out-of-pocket losses that were not covered by an insurance
company, prior to acceptance into an intermediate punishment program.
19. An offender who
resides outside the Commonwealth of Pennsylvania.
20. The offender, at the time
of the offense, did not possess the necessary motor vehicle insurance set forth
by the Pennsylvania No‑Fault Motor Vehicle Insurance Act, to cover all
property damage and/or personal injuries.
21.
An offender who due to “exigent circumstances” or “deemed
inappropriate” for inclusion in the program by the investigative officer.
Requirements for Driving Under Influence Offenders
Evaluation Using Court Reporting Network: Pursuant to the requirements of 75 Pa.C.S.A. § 3816
(requirements for driving under influence offenders) any offender convicted
of 75 Pa.C.S.A. § 3802 (relating to driving under the influence of alcohol
or controlled substance) recommended for participation in an intermediate
punishment program shall, prior to sentencing be evaluated using Court
Reporting Network (CRN) instruments.
Drug and Alcohol Assessments: Pursuant to the requirements of 75 Pa.C.S.A. § 3814 (drug and
alcohol assessments) any offender convicted of 75 Pa.C.S.A. § 3802
(relating to driving under the influence of alcohol or controlled substance) recommended
for participation in an intermediate punishment program shall, prior to
sentencing be subject to a full assessment for alcohol and drug addiction when,
1. The defendant, within ten years prior
to the offense for which sentence is being imposed, has been sentenced for an
offense under:
a. 75
Pa.C.S.A. § 3802
b. former
section 75 Pa.C.S.A. § 3731
c. an
equivalent offense in another jurisdiction
2.
Either:
a.
The evaluation under
paragraph (1) of 75 Pa.C.S.A. § 3814 (drug and alcohol assessments)
indicates there is a need for counseling or treatment; or
b. The defendant’s
blood alcohol content at the time of the offense was at least .16%.
Failure to Obtain Necessary Evaluations: Any offender who
fails to obtain the necessary evaluations, prior to sentencing and placement in
an intermediate punishment program, shall be declared ineligible for
participation, unless otherwise court ordered.
Target Population
The following population of DUI offenders shall be specifically
targeted for inclusion in Carbon County’s Home Electronic Monitoring Program.
High Rate of Alcohol – Second Offense: Pursuant to 75
Pa.C.S.A. § 3804 (relating to penalties) an offender with a BAC of .10% to
.159%, second offense shall be eligible for participation in Carbon County’s
home electronic monitoring program, provided the offender successfully
completes an intermediate punishment investigation as described in this policy
statement. If declared eligible, the defendant shall be sentenced as follows:
1.
The defendant shall be remanded to prison to serve the mandatory
minimum sentence of thirty (30) days, however;
2. The offender shall serve only seven (7)
days of incarceration, which period of imprisonment shall be served on
consecutive days.
3. After completion of the seven (7) days
of imprisonment, the defendant shall serve the remaining twenty-three (23) days
on home electronic monitoring.
Highest Rate of Alcohol – Second Offense: Pursuant to 75
Pa.C.S.A. § 3804 (relating to penalties) an offender with a BAC of .16% or
higher, second offense shall be eligible for participation in Carbon County’s
home electronic monitoring program, provided the offender successfully
completes an intermediate punishment investigation an described in this policy
statement. If declared eligible, the defendant shall be sentenced as follows:
1. The defendant shall be remanded to
prison to serve the mandatory minimum sentence of ninety (90) days, however;
2. The offender shall serve only thirty
(30) days of incarceration, which period of imprisonment shall be served on
consecutive days.
3. After completion of the thirty (30)
days of imprisonment, the defendant shall serve the remaining sixty (60) days
on home electronic monitoring.
High Rate of Alcohol- Third Offense: Pursuant to 75
Pa.C.S.A. § 3804 (relating to penalties) an offender with a BAC of .10% to
.159%, third offense shall be eligible for participation in Carbon County’s
home electronic monitoring program, provided the offender successfully
completes an intermediate punishment investigation as described in this policy
statement and successfully completes the following additional requirement:
1.
The offender successfully completes a residential inpatient
treatment program provided by a current licensee of the Department of Health,
Office of Drug and Alcohol Programs for outpatient services.
2.
Upon a determination of eligibility for participation in the home
electronic monitoring program, the defendant shall be sentenced as follows:
3.
The defendant shall receive credit for all time spent in a
residential inpatient treatment program towards the mandatory minimum sentence of
ninety (90) days, unless otherwise court ordered.
4.
The defendant shall serve the remaining portion of the mandatory
minimum sentence of ninety (90) days on home electronic monitoring.
Residential Inpatient Drug and Alcohol
Program
Any offender who is declared eligible for participation in Carbon
County’s home electronic monitoring program pursuant to this policy statement (High
Rate of Alcohol- Second Offense and Highest Rate of Alcohol- Second Offense)
and successfully completes an inpatient treatment program shall have his/her
required period of incarceration waived, unless otherwise court ordered. The
defendant shall receive credit towards the mandatory minimum sentence for all
time spent at an inpatient treatment program with the remaining balance of the
mandatory minimum sentence served on home electronic monitoring.
Work Release Privileges
Pursuant to this policy statement, all offenders required to serve
a portion of the mandatory minimum sentence incarcerated shall be eligible for
participation in the work release program, provided they meet the eligibility
requirements of the Carbon County Work Release Program. It is recommended that
the intermediate punishment officer and work release director coordinate
efforts to ensure that no interruption occurs in the offender’s employment
status and to ensure that a smooth transition occurs from incarceration to the
home electronic monitoring program.
Service and Completion of Period of Confinement
Upon successfully serving the period of incarceration imposed by
the court and without further order of court, the defendant shall be
automatically released from prison and immediately report to the Carbon County
Adult Probation for installation of the home electronic monitoring equipment.
Prison Infractions
An offender who violates any rules and regulations of the prison
while serving his/her prison sentence and is awaiting release to the home
electronic monitoring program shall be declared ineligible for participation in
an intermediate punishment program. Upon order of court, the defendant shall
remain incarcerated to serve the remaining balance of his/her mandatory minimum
sentence. However, if the offender violates another rule or regulation after
being declared ineligible for participation in the home electronic monitoring
program, then the offender will not be released upon reaching his/her minimum
sentence and must petition the court for parole consideration.
Screening Process
An offender may be declared eligible upon the recommendation of the
Adult Probation/Parole Department upon the successful completion of any of the
following or combination thereof:
1. A presentence
investigation.
2. An intermediate
punishment investigation.
3. Any offender placed
in these programs by an Order of Court.
Intermediate Punishment Investigations and Presentence
Investigations
During the investigative phase and prior to sentencing, the
presentence investigator shall identify prospective participants for possible
consideration in an intermediate punishment program. During the preparation of
guilty plea reports or a presentence report, the investigator shall refer all
plea agreements and sentencing recommendations that suggest a sentence of
intermediate punishment to the intermediate punishment officer for investigation.
This investigation shall include the following:
1. Completion of an intermediate
punishment eligibility application, which application is available at the
Carbon County Adult Probation/Parole Office.
2. An interview of the
defendant and other occupants of the residence, when applicable.
3. Explanation of
program requirements to the offender and all occupants of the residence, when
applicable.
4. Completion of all
appropriate forms, which include:
a. Occupant's Approval Form, if
applicable.
b. Explanation of the conditions of the
home electronic monitoring program.
c. Equipment Responsibility Form .
d. New Client Installation Form, if
applicable.
5. Inspection of offender's residence to
determine if conducive for participation in the electronic monitoring program.
6. Written memorandum to the court with
sentence recommendation.
Conditions of Home Electronic Monitoring
The court shall attach such reasonable conditions upon the defendant
for participation in the electronic monitoring program pursuant to 42
Pa.C.S.A. § 9763 (b).
Voluntary Participation
Participation in these programs shall be strictly on a voluntary basis.
Offenders who do not desire to participate in these programs will be declared
ineligible.
Program Explanation
All program requirements shall be explained prior to admission of
the offender into an intermediate punishment program. Also, all occupants of
the approved residence shall be advised of the restrictions and requirements of
the program. If a resident objects to the program, then the offender may be
declared ineligible.
Post Sentencing Orientation
After placement into the home electronic monitoring program, the
participant shall be advised of the date and time that the equipment will be
installed in the residence and other program requirements.
Intake Process
Upon an Order of Intermediate Punishment, the offender shall
immediately report to the adult probation/parole department for an intake.
During the intake process, the following paperwork shall be completed:
1. Execution of the
conditions of the intermediate punishment program.
2. Completion of
facesheet and photograph of offender.
3. Completion of
risk/needs assessment form.
4. Completion of
Supervision Plan.
5. Execution of
Release of Information Form.
Enrollment and Initial Home Contact
During the initial
home contact with the offender, the assigned officer shall:
1. Review the terms
and conditions of the program.
2. Explain program
requirements to all residents.
3. Read, explain and
obtain signatures on all forms.
4. Explain parameters
of home electronic monitoring program.
5. Explain
consequences of program violations.
6. Explain payment of
daily monitoring fees.
7. Explain
responsibility and maintenance of equipment.
8. Install equipment.
9. Confirm with the
monitoring center that equipment is operational.
10. Obtain a layout of
the residence.
Offender Enrollment Forms and Schedule Change Forms
The intermediate punishment officer shall be responsible for the
completion of all forms associated with the enrollment of the offender and other
changes or modifications to the offender’s schedule. All completed forms shall
be faxed to the monitoring center.
Daily Activity Reports
All daily activity forms will be faxed to the agency and the
intermediate punishment officer shall review these reports for conformity and
compliance with the approved offender schedule.
Ankle Bracelets and Monitoring Equipment
Offenders placed on a home electronic monitoring unit will be
required to wear ankle bracelets at all times. The bracelet emits a continuous
signal to a receiver installed in the residence. Upon every field visit by the
probation officer, a visual inspection of all monitoring equipment shall be
conducted to ensure proper functioning.
Equipment Responsibility
All electronic monitoring equipment installed in the offender's
residence shall be the exclusive responsibility of the participant to maintain
its proper functioning and operation. Any tampering, theft or destruction of
the equipment by the offender may result in the filing of criminal charges,
being held financially responsible for the cost of the equipment and being
immediately terminated from the program. Also, every participant must read and
sign the equipment responsibility form.
Equipment Inventory After Installation
All equipment placed in the residence must be inventoried at the
time of installation.
Offender Subsistence
Every offender placed in an intermediate punishment program will be
responsible for their own subsistence, which includes, housing, clothing,
medical care or other treatment or household expenses. Every participant shall
be afforded a designated time during the week for grocery shopping, medical
appointments or other basic necessities. All departures from the approved
schedule must receive prior approval by the intermediate punishment officer or
Chief Adult Probation Officer.
Verification of Compliance With Court Imposed Sanctions
The assigned officer shall secure and verify employment via pay
stubs or interviews with the employer. Also, if the offender is undergoing
treatment or counseling, the officer shall verify all sessions with the
counselor. Verification is an important aspect of supervision, for it ensures
compliance with the conditions of the program.
Program Violations
The following system for program violations shall be utilized to
determine the level of compliance with the conditions of Intermediate
Punishment Programs.
Minor Violations
The following violations shall be considered minor in nature:
1. Failure to report
as scheduled.
2. Failure to notify
staff of changes in work status.
3. Failure to comply
with rules and regulations of the program or Court order.
4. Unauthorized
individuals within the residence.
5. Departure from
schedule, such as leaving early or returning late.
Minor Violation Process
When "minor" violations are detected, the following
corrective action may be initiated by the assigned officer:
1. Verbal reprimand.
2. Written violation
report.
3. Administrative
conference.
4. Increase in
sanctions, such as, curfews; additional counseling or reporting, which changes
shall be provided to the offender in writing.
Major Violations
The following
violations shall be considered major in nature:
1. Possession of
firearms, deadly weapons or offensive weapons.
2. Possession or
consumption of alcoholic beverages.
3. Possession or
positive urine test for a controlled substances.
4. Possession of drug
paraphernalia.
5. Relocation from the
approved residence without the prior approval of the assigned Officer.
6. A new arrest for violation of
Municipal, County, State and Federal laws, as well as, provisions of the Liquor
Code and the Vehicle Code.
7. Escape, which shall be defined as a
period of one (1) hour or longer in which the participant has left the approved
residence and is unaccounted for.
8. Repeated minor
violations.
9. Destruction, theft
or tampering with electronic monitoring equipment.
10. Operating a motor
vehicle on a public highway while license is suspended.
11. Failure to maintain
the scheduled drug/alcohol treatment plan.
12. Termination of
offender’s telephone service.
Major Violation Process
When "major" violations are detected, the assigned
officer may initiate the following corrective action:
1. Written violation
report.
2. Administrative
conference.
3. Increase in
sanctions, such as, curfews; additional counseling or reporting, which changes
shall be provided to the offender in writing.
4. File a petition to
revoke intermediate punishment sentence requesting a hearing and/or a warrant
for arrest and detention of offender.
Investigation of
Detected Program Violations
All violations of any intermediate punishment program shall be
investigated by the assigned officer or on-call officer immediately after
detection. All relevant information and documentation concerning electronic
monitoring violations shall be obtained from the central monitoring station
with all persons involved being interviewed. Upon determination of the specific
violation, the officer shall follow the violation process as described in this
policy statement.
Investigation
of Program Violations (After Normal Business Hours)
Response to program violations after normal business hours shall
occur as follows:
1. On-Call Schedule: The Chief Adult Probation/Parole Officer shall prepare and post an
on-call schedule. All Adult Probation/Parole Officers will be scheduled and
rotated on a weekly basis and shall be responsible for the following:
a. The on-call officer
must wear the digitized pager at all times. Failure to respond to a page will
result in appropriate disciplinary action.
b. The on-call officer will be responsible
for the pager. If the pager is damaged or lost, the cost of the pager may be
assessed to the officer.
c. Modifications to the on-call schedule
are permitted. Prior arrangements shall be made with the Chief and the Carbon
County Communications Center to ensure proper coverage.
2. Home Electronic Monitoring Violations: In the event that an electronic
monitoring violation occurs, the following procedures shall be utilized:
a. The central monitoring station has been
provided a procedure to notify the Carbon County Communications Center for
program violations.
b. The Carbon County Communications Center
shall be provided all officer pager numbers and personal telephone numbers.
c. An intermediate punishment program
manual will be provided to all officers as a reference guide. All telephone
numbers will be available within the manual.
d. When the on-call officer is notified of a program violation, the officer shall respond to the page
immediately. If the violation is for home electronic monitoring, the officer
shall contact the central monitoring station to determine the nature of the
violation. If the monitoring center cannot correct the problem, then the
officer shall contact the offender to resolve the problem. If the problem
cannot be rectified over the telephone, then, the on-call officer must respond
to the residence to investigate the violation. However, before conducting the
field investigation, the on-call officer shall contact the back-up on-call
officer for authorization and then contact the pretrial services on-call
officer for possible assistance. The on-call officer shall not conduct a field
investigation alone and without proper authorization from a supervisor.
e. The following home electronic
monitoring violations must be investigated by the on-call officer after normal business hours. All other
program violations will be investigated by the assigned probation officer the
next available working day.
1. Band Tamper (absolute response)
2. Out-of-Range
3. Power Outage or Loss
4. Transmitter not found (dead battery)
f. When it is determined by the on-call officer
that immediate termination is justified for the violation, the officer shall:
1.
Immediately notify the
back-up on-call supervisor.
2.
Contact the bail officer for possible assistance.
3.
Contact other adult probation staff for possible assistance.
4.
Contact the Carbon County Communications Center for possible
assistance from the Carbon County Sheriff's Department.
5.
If the Sheriff's Department is unavailable, then contact the local
police department for possible assistance.
6. Under no circumstances shall a
probation officer attempt to arrest the offender without proper authorization
from the back-up on-call supervisor and proper presence of other adult
probation staff or law enforcement personnel.
7.
The offender shall be transported to prison by adult probation
staff or the Sheriff's Department. A Warrant to Commit and Detain Form shall be
executed and provided to prison officials for admission of the offender.
8.
If the offender is immediately terminated from the program, then all
home electronic monitoring equipment shall be removed from the residence and
inventoried. The monitoring center shall be immediately notified of the
termination.
Petition to Revoke an
Order of Intermediate Punishment
When the intermediate punishment officer determines that the
offender violated the conditions of the program in such a manner that requires
termination from the program, then a petition to revoke intermediate punishment
shall be filed with the Clerk of Courts Office outlining all program violations.
Modification or Revocation of Intermediate Punishment Sentence
The court may at any time terminate a sentence of intermediate
punishment or increase or decrease the conditions of the sentence pursuant to 42
Pa.C.S. § 9763 (sentence of intermediate punishment) or 42 Pa.C.S. § 9773 (modification or
revocation of intermediate punishment sentence).
Termination From an Intermediate Punishment Program
The following criteria shall be utilized to determine when an
offender should be terminated from an intermediate punishment program:
1. The participant has
successfully completed all conditions of the program.
2. The participant has
committed "major" violations of the program and was returned to
prison.
3. The participant has
served the minimum sentence imposed by the Court and has been legally
discharged.
Termination Order
Upon successful completion of the minimum sentence, an order of
court shall be prepared discharging the offender from the home electronic
monitoring program. Afterwards, the officer shall review and have the offender
sign the standard conditions of release, with the offender being reassigned to
another probation officer.
Equipment Inventory After Termination
Upon termination from the program, the officer shall inventory and visibly
inspect all equipment to ensure that no damage occurred during the program.
Cleaning of Equipment
It shall be the responsibility of the intermediate punishment
officer to properly clean and sanitize all electronic monitoring equipment
after an offender has been discharged from the program. No equipment shall be
installed on another offender until the bracelet and home unit has been
properly cleaned.
Monitoring Fees
An offender placed in the home electronic monitoring program shall
be responsible for all costs associated with the monitoring aspect of the
program. All fees collected will be deposited into an account to be utilized
for the operation of the home electronic monitoring program or other
departmental operations. Finally, all fees shall be made part of the order of
sentence and the certificate of costs sheet.
Local Law Enforcement Notification
Local law enforcement agencies will be provided with all
information concerning program participants.
Case Records
After placement into an intermediate punishment program, a case record folder shall be prepared by the
secretary and a completed facesheet provided to the assigned officer. Also, a
complete roster of intermediate punishment participants shall be maintained by
the project coordinator.
Transfer Cases
The Intermediate Punishment Officer shall coordinate efforts with
other jurisdictions when appropriate candidates are identified. When an
offender resides in another jurisdiction, the intermediate punishment officer
shall confer with the resident county to determine whether that jurisdiction
has an intermediate punishment program. All arrangements shall be made by the
intermediate punishment officer and forwarded to the Court for review. All
costs associated with other county's programs will be absorbed by the offender.
Failure to cooperate and comply with the rules and regulations of the other
jurisdiction’s program will result in the offender being declared ineligible
for participation.
Courtesy Cases
The department will accept intermediate punishment cases from other
jurisdictions. Requesting counties shall coordinate with the intermediate
punishment officer to determine eligibility. The officer will conduct an
investigation pursuant to this policy statement and advise the requesting county
whether the offender qualifies. If the department accepts an offender for
supervision, then an effective date shall be established. Prior to enrollment
in the program, the offender will be required to pay the current daily
monitoring fee established by the court, for the entire period of supervision,
in full. No personal checks will be accepted, only cash or money orders. A
receipt will be provided to the offender.
Caseload Limits
The Chief will periodically review the caseloads of the Intermediate
Punishment Officer to ensure that the officer has a manageable caseload and
proper resources. This review process will ensure that the minimum standards
adopted by the State and the Court are not compromised.
Project Coordination
The Chief Adult Probation/Parole Officer or his designee shall be
responsible for the preparation, completion and submission of all sub‑grant
reports, progress reports, budget modification forms and related documentation
to the Pennsylvania Commission on Crime and Delinquency. The Project
Coordinator and the intermediate punishment officer, in conjunction with the
Carbon County Criminal Justice Advisory Board, shall evaluate program goals and
effectiveness on a regular basis.
IN THE COURT OF COMMON PLEAS OF CARBON
COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
IN RE : ACCELERATED REHABILITATIVE :
DISPOSITIONS PROGRAM (ARD) -
: 34 MI 99
ADMINISTRATIVE FEE :
ADMINISTRATIVE ORDER NO. 8-2004
AND
NOW, this 4th day of March, 2004, in order to implement the new DUI legislation
and administer the ARD Program, it is hereby
ORDERED and DECREED that, effective May 1, 2004, all parties placed into
the Carbon County Accelerated Rehabilitative Disposition Program shall be assessed
an Administrative Fee as follows with 50% of the fee payable on or before the
scheduled ARD hearing date:
Non-DUI ARD $350.00
DUI ARD – Rate of Alcohol .08 to
.099 $350.00
DUI ARD - Rate of Alcohol .10 to
.159
$400.00
DUI ARD - Rate of Alcohol .16 and
higher and Refusal $450.00
ALL ARDs not stipulated to at District Justice level $500.00
IT
IS FURTHER ORDERED AND DECREED that this Court’s Administrative Order No.
7-1999 is VACATED as of April 30, 2004.
The Carbon County District Court Administrator is ORDERED and DIRECTED to
do the following:
1. File seven (7) certified
copies of this Administrative Order with the Administrative Office of
Pennsylvania Courts.
2. File two (2) certified
copies and one (1) diskette with the Legislative Reference Bureau for
publication in the Pennsylvania
Bulletin.
3. File one (1) certified
copy with the Pennsylvania Criminal Procedural Rules Committee.
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 Court’s
Office.
BY
THE COURT:
RICHARD W. WEBB, P.J.
IN THE COURT OF COMMON PLEAS OF CARBON
COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
IN RE : ADOPTION OF NEW LOCAL RULES :
OF CRIMINAL PROCEDURE AND : 103
MI 00
RECISSION OF ALL OLD LOCAL RULES
:
OF CRIMINAL PROCEDURE :
AND
NOW, this 28th day of May, 2004, in order to implement Title 234 - Rules of
Criminal Procedure adopted March 3, 2004, effective July 1, 2004, it is hereby
ORDERED and DECREED that, effective July 1, 2004, Carbon County ADOPTS
new Local Criminal Rules of Procedure and hereby RESCINDS, effective June 30,
2004, all old Local Criminal Rules adopted February 20, 2001, effective April
1, 2001.
The Carbon County District Court Administrator is ORDERED and DIRECTED to
do the following:
1. File seven (7) certified
copies of this Administrative Order with the Administrative Office of
Pennsylvania Courts.
2. File two (2) certified
copies and one (1) diskette with the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin.
3. File one (1) certified
copy with the Pennsylvania Criminal Procedural Rules Committee.
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 Court’s Office.
BY
THE COURT:
____________________________________
RICHARD W. WEBB, P.J.
RULE 102 - CITING THE
CRIMINAL PROCEDURAL RULES
All local criminal procedural
rules adopted by the Court of Common Pleas of Carbon County under the authority
of Pa.R.Crim.P.105 shall be known as the Carbon County Local Rules of Criminal
Procedure and shall be cited as “CARB.R.Crim.P. .”
Effective July 1, 2004
RULE 120 - ATTORNEYS –
APPEARANCES AND WITHDRAWALS
The Entry of Appearance required under
Pa.R.Crim.P.120 (A) shall be substantially in the form as attached hereto.
Effective July 1, 2004
IN THE COURT OF COMMON PLEAS OF CARBON
COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
COMMONWEALTH OF PENNSYLVANIA :
: D.J.ID# _______________________
-vs.- : O.T.N.
# ______________________
: C.P. ID #______________________
___________________________________ :
Defendant :
ENTRY
OF APPEARANCE
TO: CLERK OF COURTS – CRIMINAL DIVISION
KINDLY
ENTER MY APPEARANCE IN THE ABOVE CAPTIONED CASE ON BEHALF OF:
_____________________________________________________________________________
___________________________________________
Attorney
for Party Named Above and Bar ID Number
___________________________________________
Firm
___________________________________________
Address
___________________________________________
City,
State, Zip Code
___________________________________________
Telephone
Number
___________________________________________
Fax
Number for Service of Papers (Optional)
Date:
__________________ ___________________________________________
Signature
RULE
202 - APPROVAL OF SEARCH WARRANT APPLICATION BY ATTORNEY FOR COMMONWEALTH –
LOCAL OPTION
The District Attorney of Carbon County, having filed on
January 22, 2001 a certification pursuant to Pa.R.Crim.P.202(A), search
warrants in all circumstances shall not hereafter be issued by any judicial
officer unless the search warrant application has the approval of an attorney
for the Commonwealth prior to filing.
RULE
507 - APPROVAL OF POLICE COMPLAINTS AND ARREST WARRANTAFFIDAVITS BY ATTORNEY
FOR THE COMMONWEALTH – LOCAL OPTION
The District Attorney of Carbon
County, having filed on January 22, 2001 a certification pursuant to Pa.R.Crim.P.507,
criminal complaints and arrest warrant affidavits by police officers, as
defined in the Rules of Criminal Procedures, charging one or more felony or
misdemeanor of the first, second, or third degree, shall not hereafter be
accepted by any judicial officer unless the complaint and affidavit has the
approval of an attorney for the Commonwealth prior to filing.
RULE
528 (D) (3) and (4) - MONETARY CONDITION OF RELEASE ON BAIL
(A) The defendant or a third party surety may post realty as
security for bail. When posting realty
as bail, a licensed real estate broker shall perform a written appraisal of the
fair market value.
(B) Upon receipt of the written appraisal, a determination will be
made whether the actual net value is at least equal to the amount of the bond,
and, if sufficient, realty will be accepted as consideration for bail.
(C) A given piece of realty shall be used as bail only if it has
not been posted or is not presently being used for bail for any other charges
for defendants unless the Court has given approval.
(D) The
Clerk of Courts shall enter a judgment of record in favor of the County of
Carbon on any realty posted as bail for the full amount of the undertaking. The depositor shall pay a fee, which is established by the Prothonotary, for the
cost of recording and satisfying the Judgment of Record to the Clerk of Courts
upon the posting of the realty.
Effective July 1, 2004
RULE
530 - DUTIES AND POWERS OF A BAIL AGENCY
The Pretrial Services Division of the Adult Probation Office
shall be appointed the bail agency for the Court of Common Pleas of Carbon
County to monitor and assist defendants released on bail pursuant to
Pa.R.Crim.P.530, except for administering the percentage cash bail.
RULE 535D - RECEIPT FOR DEPOSIT;
RETURN OF DEPOSIT
The Clerk of Courts shall retain
$75.00 of the amount deposited as an administrative fee. Any moneys deposited by a third party surety shall
be returned in full less the administrative fee.
Where realty has been posted as
bail, the Clerk of Courts shall satisfy the Judgment of Record.
Effective July 1, 2004
RULE 570 - PRETRIAL
CONFERENCE
(A) In addition to
the provisions of Pa.R.Crim.P.570, the District Attorney shall conduct a status
conference with defense counsel, defendant and, if unrepresented, the defendant
on all cases that have not resulted in written agreements at the preliminary
hearing level.
(B) Prior to the
Defendant’s status conference, the District Attorney shall obtain data of the
prior criminal convictions, if any, of the defendant and shall calculate the
prior record score for guideline sentencing purposes.
(C) At the status
conference, the District Attorney shall make the Sentencing Guideline Report
available to defense counsel, defendant, and, if unrepresented, the defendant.
(D) At the end of
the status conference, written stipulations for pleas, trials, or other
dispositions shall be completed signed by the District Attorney/Assistant
District Attorney, defense counsel, and defendant. The original stipulation shall be filed in
the Clerk of Court’s office and service made pursuant to Pa.R.Crim.P.576.
Effective July 1, 2004
RULE 571 - ARRAIGNMENT
Arraignments in non-capital cases shall be conducted
by the District Attorney.
Effective July 1, 2004
RULE 590 - PLEA AND PLEA AGREEMENTS
When counseling
a defendant relative to the entry of a plea of guilty or nolo contendere,
counsel shall review and explain to the defendant the contents of the Guilty
Plea Colloquy form or Nolo Contendere Colloquy form, which are attached
hereto. If the Defendant is charged and
to be sentenced under Megan’s Law, counsel shall review the attached Megan’s
Law Supplement To Guilty Plea Colloquy form as required by 42 Pa.C.S.A. §
9795.3 (6). Such forms shall be
initialed and signed by the defendant.
Defendant counsel’s signature thereon shall constitute a certification
by the attorney that he/she has read, discussed, and explained the plea form
and, if required, the Megan Law form to the defendant, and that to the best of
his/her knowledge, information, or belief, his/her client understands what
he/she is doing by entering his/her plea.
Guilty Plea Colloquy and
Megan Law Supplement forms shall be filed in open Court at the time of entry of
any plea of guilty or nolo contendere.
Effective July 1, 2004
IN THE COURT OF COMMON PLEAS
OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
COMMONWEALTH OF PENNSYLVANIA :
:
-vs.- : NO.
________________________________ :
Defendant :
GUILTY
PLEA COLLOQUY
You are present before this Court
because you or your lawyer have stated that you wish to plead guilty to some or
all of the criminal offenses with which you have been charged. Please answer
fully all the questions on this document. If you do not understand any
explanations given to you on this document, say so by putting the word “no” in
the blank provided after the questions. If you do understand the questions, you
should write in the word “yes”. None of
the lines should be left blank.
After you have finished reading this
and filling it out, you should sign it on the last page, on the line that says
“Defendant”. You should also initial each page at the bottom, but only if you
have read and have understood that page. If there is anything that you do not
understand, you should say so in writing on this form. You should also tell
your lawyer and the Judge who hears your case, so that they can explain it to
you fully, to make sure you understand all your rights.
Most of these questions are designed
to be answered “yes” or “no”. Where general information is asked for, however,
please answer fully.
1. What
is your full name? ________________________________________
2. Are
you known by any other name or alias?_________________________
3. If
the answer to Number 2 is “yes” state the other name or aliases.
____________________________________________________________
4. What
is your date of birth? ______________________________________
5. What
was the last grade completed in school?_______________________
6. Can
you read, write and understand the English language? ____________
7. As you appear before the Court today to enter a guilty plea,
are you under the influence of alcohol or any kind of
drugs?_______________________
8. Have you ever been a patient in a mental institution or have
you ever been treated for a mental illness? _____________________________________
9. If
the answer to Number 8 is “yes”, please explain the details.
____________________________________________________________
10. Are
you currently being treated for a mental illness?__________________
11. If the answer to Number 10 is “yes”, explain the details. ______________ ____________________________________________________________
12. If you are presently being treated for a mental
illness, do you feel that you have sufficient mental capacity to understand
what you are doing today, and to understand these questions and answer them
correctly?__________
13. Do you understand that you are here today to enter a
guilty plea to some or all of the charges against you?
___________________________________
14. Do you understand the nature of the offenses to
which you are pleading guilty?
_____________________________________________________
15. Has your lawyer explained to you the elements of the
criminal offenses to which you are
pleading?________________________________________
16. Do
you admit to committing the offenses to which you are pleading guilty and to
the legal elements explained to you making up those offenses? ____________________________________________________________
17. Do
you understand that you have a right to a trial by jury? _____________
18. Do you understand that the
right to trial by jury means that you can participate in the selection of a jury
with your attorney; that the jury is randomly selected from the voter
registration list of Carbon County and a cross-section of the citizens of
Carbon County, and that the jury has to agree unanimously on your guilt before
you can be convicted of the offenses with which you are charged? _____________________________
19. Do you understand that you are presumed innocent until found
guilty? In other words, do you understand that the Commonwealth must prove your
guilt beyond a reasonable doubt before you can be convicted of the offenses
charged? _____________________________________________
20. Do you understand that the Commonwealth has the burden of
proving you guilty beyond a reasonable doubt, which means you can remain silent
and nothing can be held against you for refusing to testify in your own
defense? ____________________________________________________
21. Do
you understand that you have a right to confront and cross-examine all
Commonwealth witnesses in your case who are necessary to prove your guilt?
_____________________________________________________
22. Do you understand that by pleading guilty you are waiving that
right of confrontation and cross-examination? _____________________________
23. Do
you realize that by pleading guilty you are giving up your right to present any
pre-trial motions for consideration to this or a higher Court in the event
those motions are denied?_______________________________
24. Do
you realize that if you were convicted after a trial you could appeal the
verdict to a higher Court and raise any errors that were committed in the trial
Court, and that this could result in your being awarded a new trial or
discharged, and that by pleading guilty you are giving up this right?
____________________________________________________________
25. Do you realize that if you were convicted after a trial you
could appeal the verdict to a higher Court and you could also challenge whether
the Commonwealth had presented enough evidence to prove you guilty beyond a
reasonable doubt? _____________________________________
26. Are
you aware that the Court is not bound by the terms of any plea agreement
entered into between you, your counsel and the Attorney for the Commonwealth,
until the Court accepts such plea agreement?
____________________________________________________________
27. Do you understand that the Court is not a party to any
agreement or recommendation made by the parties and that any recommendation
and/or stipulation regarding sentence is not binding on the Court and you
knowingly waive the right to withdraw this plea if the Court does not concur in
the recommended sentence?_____________________________
28. Are
you aware of the permissible range of sentence and/or fines that can be imposed
for the offenses to which you are pleading guilty?
_________________________________________________________________________________________________
29. Are
you aware of the maximum sentence and/or fine, which the Court could impose upon
you for each of the offenses to which you are pleading guilty?
_________________________________________________________________________________________________
30. Do
you understand that any sentence imposed upon you for any of the offenses to
which you are pleading guilty can be imposed consecutively to either (a) any
sentence imposed upon you for any other offense for which you are pleading
guilty in this case; or (b) any sentence imposed upon you in any other case?
_________________________________________________________________________________________________
31.
Do you understand that
“consecutive” sentences means that one sentence will follow after another and
that “consecutive” sentences do not run at the same time?
_________________________________________________________________________________________________
32. Do you understand that the aggregate maximum sentence you could
receive if you are pleading guilty to multiple offenses is the total of all
maximum sentences for all the offenses added together?
_________________________________________________________________________________________________
33. Do you understand that you have a right to have witnesses
present at your guilty plea hearing to testify for you? Are you willing to give
up that right and have the Attorney for the Commonwealth summarize the facts
against you?
_________________________________________________________________________________________________
34.
After you enter your
guilty plea and it is accepted by the Court, you still have a right to appeal
your conviction. The appeal from a guilty plea is limited, however, to four
grounds. They are:
(a) that
your guilty plea was not knowing, intelligent and voluntary;
(b) that the Court did not have jurisdiction to accept your plea
(in other words, the offenses for which you are pleading guilty did not occur
in Carbon County);
(c) that the Court’s sentence is beyond the maximum penalty
authorized by law; and
(d) that your attorney was incompetent in representing you and
advising you to enter a plea of guilty
Do you understand these four areas of appeal and
what they mean?____________
In order to appeal your conviction by a plea of
guilty, you must within ten (10) days file a written motion to withdraw your
guilty plea and state any of the four above grounds as the basis for your
petition to withdraw your guilty plea. This must be done within ten (10) days
from the date you are sentenced. If you cannot afford a lawyer to represent you
or you are contending that your attorney, who represented you at your guilty
plea, was incompetent, you have the right to have other counsel appointed for
you to raise those four claims. If your petition to withdraw your guilty plea
is denied, you then have thirty (30) days to file an appeal from that denial
with the Superior Court of Pennsylvania.
If you do not file your petition within ten (10)
days of your sentence or do not file a Notice of Appeal to the Superior Court
within thirty (30) days after your petition to withdraw your guilty plea is
denied, you give up your right to ever complain again of any of those four
areas, including incompetent counsel.
Do you understand the
meaning of the various appeal rights that have just been explained to you? ___________________________________________________
35. Has
anybody forced you to enter this plea of guilty?__________________
36. Are
you doing this of your own free will? __________________________
37. Have
any threats been made to you to enter a plea of guilty? ___________
38. Have
any promises been made to you to enter a plea of guilty other than any plea
agreement that has been negotiated for you by your attorney?
____________________________________________________________
39. Do you understand that the decision to enter a guilty plea is
yours and yours alone; that you do not have to enter a plea of guilty and give
up all your rights, as previously explained to you and that no one can force
you to enter a guilty plea? __________________________________________
40. Do you understand that if your plea is accepted by this
Honorable Court, you would have the right to have a Pre-Sentence Report
prepared on your behalf to aid the Judge in determining the appropriate
sentence to be imposed upon you? Since this is a plea bargain, are you willing
to waive the preparation of the pre-sentence investigation? ____________ (if
applicable)
41. Are
you presently on probation or parole?__________________________
42. If you are on probation or parole, do you realize that your
plea of guilty will mean a violation of that probation or parole and you can be
sentenced to prison as a result of that violation caused by your guilty plea
today? ____________________________________________________________
43.
Are you satisfied with
the representation of your attorney?_____________
44.
Have you had ample
opportunity to consult with your attorney before reading this document and
entering your plea of guilty? _______________
45. Has your attorney gone over with you the meaning of the terms
in this document? __________________________________________________
I affirm that I have read the above document in its
entirety and I understand its full meaning, and I am still nevertheless willing
to enter a plea of guilty to the offenses specified. I further affirm that my
signature and initials on each page of this document are true and correct.
Date:________________ ___________________________________
Defendant
I, _________________________________,
Esquire, Attorney for ________________________________, state that I have
advised my client of the contents and meaning of this document; that it is my
belief that he/she comprehends and understands what is set forth above; that I
am prepared to try this case; and that the defendant understands what he/she is
doing by pleading guilty.
Date:________________ ___________________________________
Attorney
for the Defendant
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY,
PENNSYLVANIA
CRIMINAL DIVISION
COMMONWEALTH OF PENNSYLVANIA
:
:
-vs.- : NO.
_______________________________ :
Defendant :
NOLO
CONTENDERE COLLOQUY
You
are present before this Court because you or your lawyer have stated that you
wish to plead Nolo Contendere to some or all of the criminal offenses with
which you have been charged. Please answer fully all the questions on this
document. If you do not understand any explanations given to you on this
document, say so by putting the word “no” in the blank provided after the
questions. If you do understand the questions, you should write in the word
“yes”. None of the lines should be left
blank.
After
you have finished reading this and filling it out, you should sign it on the
last page, on the line that says “Defendant”. You should also initial each page
at the bottom, but only if you have read and have understood that page. If
there is anything that you do not understand, you should say so in writing on
this form. You should also tell your lawyer and the Judge who hears your case,
so that they can explain it to you fully, to make sure you understand all your
rights.
Most
of these questions are designed to be answered “yes” or “no”. Where general
information is asked for, however, please answer fully.
1. What is your full name?
________________________________________
2. Are you known by any other name or
alias?_________________________
3. If the answer to Number 2 is “yes,”
state the other names or aliases.
____________________________________________________________
4. What is your date of birth?
______________________________________
5. What was the last grade completed in
school?_______________________
6. Can you read, write and understand the
English language?_____________
7. As you appear before the Court today to
enter a plea of Nolo Contendere, are you under the influence of alcohol or any
kind of drugs?___________
8. Have you
ever been a patient in a mental institution or have you ever been treated for a
mental illness? _____________________________________
9. If the answer to Number 8 is “yes”,
please explain the details.
____________________________________________________________
10. Are you currently being treated for a
mental illness?__________________
11. If the answer to Number 10 is “yes”,
explain the details. ______________
____________________________________________________________
____________________________________________________________
12. If you are presently being treated for a
mental illness, do you feel that you have sufficient mental capacity to
understand what you are doing today, and to understand these questions and
answer them correctly? ____________________________________________________________
13. Do you
understand that you are here today to enter a plea of Nolo Contendere to some
or all of the charges against you?_________________
14. Do you understand the nature of the
offenses to which you are pleading Nolo Contendere?
____________________________________________
15. Has your lawyer explained to you the
elements of the criminal offenses to which you are pleading?
_______________________________________
16. Do you admit to committing the offenses
to which you are pleading Nolo Contendere and to the legal elements explained
to you making up those offenses?
___________________________________________________
17. Do you understand that you have a right
to a trial by jury? _____________
18. Do you understand that the right to trial
by jury means that you can participate in the selection of a jury with your
attorney; that the jury is randomly selected from the voter registration list
of Carbon County and a cross-section of the citizens of Carbon County, and that
the jury has to agree unanimously on your guilt before you can be convicted of
the offenses with which you are charged? _____________________________
19. Do you
understand that you are presumed innocent until found guilty? In other words,
do you understand that the Commonwealth must prove your guilt beyond a
reasonable doubt before you can be convicted of the offenses charged?
_____________________________________________
20. Do you
understand that the Commonwealth has the burden of proving you guilty beyond a
reasonable doubt, which means you can remain silent and nothing can be held
against you for refusing to testify in your own defense?
____________________________________________________
21. Do you understand that you have a right
to confront and cross-examine all Commonwealth witnesses in your case who are
necessary to prove your guilt?
______________________________________________________
22. Do you
understand that by pleading Nolo Contendere you are waiving that right of
confrontation and cross-examination?_______________________
23. Do you
realize that by pleading Nolo Contendere you are giving up your right to
present any pre-trial motions for consideration to this or a higher Court in
the event those motions are denied?________________________
24. Do you realize that if you were convicted
after a trial you could appeal the verdict to a higher Court and raise any
errors that were committed in the trial Court, and that this could result in
your being awarded a new trial or discharged, and that by pleading Nolo
Contendere you are giving up this right?
______________________________________________________
25. Do you
realize that if you were convicted after a trial you could appeal the verdict
to a higher Court and you could also challenge whether the Commonwealth had
presented enough evidence to prove you guilty beyond a reasonable doubt?
_____________________________________
26. Are you
aware that the Court is not bound by the terms of any plea agreement entered
into between you, your counsel and the Attorney for the Commonwealth, until the
Court accepts such plea agreement?
____________________________________________________________
27. Do you
understand that the Court is not a party to any agreement or recommendation
made by the parties and that any recommendation and/or stipulation regarding
sentence is not binding on the Court and you knowingly waive the right to
withdraw this plea if the Court does not concur in the recommended sentence?
____________________________
28. Are you aware of the permissible range of
sentence and/or fines that can be imposed for the offenses to which you are
pleading Nolo Contendere?
____________________________________________________________
29. Are you aware of the maximum sentence
and/or fine which the Court could impose upon you for each of the offenses to
which you are pleading Nolo Contendere?
____________________________________________
30. Do you
understand that any sentence imposed upon you for any of the offenses to which
you are pleading Nolo Contendere can
be imposed consecutively to either (a) any sentence imposed upon you for any
other offense for which you are pleading Nolo Contendere in this case; or (b) any
sentence imposed upon you in any other case? ___________________
31. Do you understand that “consecutive”
sentences means that one sentence will follow after another and that
“consecutive” sentences do not run at the same time?
__________________________________________________
32.
Do you understand that the aggregate
maximum sentence you could receive if you are pleading Nolo Contendere to
multiple offenses is the total of all maximum sentences for all the offenses
added together? ____________________________________________________________
33. Do you
understand that you have a right to have witnesses present at your Nolo
Contendere plea hearing to testify for you? Are you willing to give up that
right and have the Attorney for the Commonwealth summarize the facts against
you? _____________________________________________
34.
After you enter your Nolo Contendere plea and it
is accepted by the Court, you still have a right to appeal your conviction. The
appeal from a Nolo Contendere plea is limited, however, to four grounds. They
are:
(a) that your
Nolo Contendere plea was not knowing, intelligent and voluntary;
(b) that the
Court did not have jurisdiction to accept your plea (in other words, the
offenses for which you are pleading Nolo Contendere did not occur in Carbon
County);
(c) that the
Court’s sentence is beyond the maximum penalty authorized by law; and
(d) that your
attorney was incompetent in representing you and advising you to enter a plea
of Nolo Contendere
Do
you understand these four areas of appeal and what they mean? _________________
In
order to appeal your conviction by a plea of Nolo Contendere, you must within
ten (10) days file a written motion to withdraw your Nolo Contendere plea and
state any of the four above grounds as the basis for your petition to withdraw
your Nolo Contendere plea. This must be done within ten (10) days from the date
you are sentenced. If you cannot afford a lawyer to represent you or you are
contending that your attorney, who represented you at your Nolo Contendere
plea, was incompetent, you have the right to have other counsel appointed for
you to raise those four claims. If your petition to withdraw your Nolo
Contendere plea is denied, you then have thirty (30) days to file an appeal
from that denial with the Superior Court of Pennsylvania.
If
you do not file your petition within ten (10) days of your sentence or do not
file a Notice of Appeal to the Superior Court within thirty (30) days after
your petition to withdraw your Nolo Contendere plea is denied, you give up your
right to ever complain again of any of those four areas, including incompetent
counsel.
Do
you understand the meaning of the various appeal rights that have just been
explained to you?
_________________________________________________________________
35. Has anybody forced you to enter this plea
of Nolo Contendere?_________
36. Are you doing this of your own free will?
__________________________
37. Have any threats been made to you to
enter a plea of Nolo Contendere?_________________________________________________
38. Have any promises been made to you to
enter a plea of Nolo Contendere other than any plea agreement that has been
negotiated for you by your attorney?
____________________________________________________
39. Do you understand
that the decision to enter a plea of Nolo Contendere is yours and yours alone;
that you do not have to enter a plea of Nolo Contendere and give up all your
rights, as previously explained to you and that no one can force you to enter a
Nolo Contendere plea?
____________________________________________________________
40. Do you
understand that if your plea is accepted by this Honorable Court, you would
have the right to have a Pre-Sentence Report prepared on your behalf to aid the
Judge in determining the appropriate sentence to be imposed upon you? Since
this is a plea bargain, are you willing to waive the preparation of the
pre-sentence investigation? ________ (if applicable)
41. Are you presently on probation or
parole?__________________________
42. If you are
on probation or parole, do you realize that your plea of Nolo Contendere will
mean a violation of that probation or parole and you can be sentenced to prison
as a result of that violation caused by your Nolo Contendere plea today?
________________________________________
43. Are you satisfied with the representation
of your attorney? ____________________________________________________________
44.
Have
you had ample opportunity to consult with your attorney before reading this document
and entering your plea of Nolo Contendere?
____________________________________________________________
45. Has your attorney gone over with you the
meaning of the terms in this document?
__________________________________________________
I
affirm that I have read the above document in its entirety and I understand its
full meaning, and I am still nevertheless willing to enter a plea of Nolo
Contendere to the offenses specified. I further affirm that my signature and
initials on each page of this document are true and correct.
Date:__________________ ____________________________________
Defendant
I,
_________________________________, Esquire, Attorney for ______________________________,
state that I have advised my client of the contents and meaning of this
document; that it is my belief that he/she comprehends and understands what is
set forth above; that I am prepared to try this case; and that the defendant
understands what he/she is doing by pleading Nolo Contendere.
Date:__________________ ____________________________________
Attorney
for the Defendant
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY,
PENNSYLVANIA
CRIMINAL
DIVISION
COMMONWEALTH OF PENNSYLVANIA :
:
-vs.- :
NO.
:
______________________________ :
Defendant
MEGAN’S LAW SUPPLEMENT TO
GUILTY PLEA COLLOQUY
One
or more of the offenses to which you are pleading guilty will make you subject
to the registration and notification provisions of Megan’s Law relating to
sexual offenders.
The
purpose of the following questions is to make certain that you understand how
these provisions will affect you. Please answer all questions “Yes” or
“No.” If there is anything that you do
not understand, you should say so in writing on this form. You should also tell your lawyer and the
Judge who hears your case so that they can explain it to you fully to make sure
you understand all of your rights.
After you have read and filled out
this form, you should sign it on the last page (on the line marked
“Defendant”). You should also initial
each page at the bottom where indicated, but only if you have read and have
understood that page.
1.
Do
you understand that as a result of your conviction you will be required to
register with the Pennsylvania State Police and inform them of your current
address and any change of address within ten (10) days of such change?
____________________________________________________
2.
Do you understand that failure to register or to
update your registration is itself a crime, which may subject you to penalties,
including imprisonment?
_______________________________________________
3.
Do you understand that your registration
information will be provided by the Pennsylvania State Police to the local
police department of any community in which you may live? ______________________________
4.
Do you understand that the registration
requirements will continue for the time period specified: ___ ten (10) years ___ for the rest of your
life? ____________________________________________________________
5.
If this line _____ is checked, do you understand
that the District Attorney has the right to request the Court to hold a hearing
to determine whether you are a sexually violent predator, and if you are
determined to be a sexually violent predator you will be subject to additional
registration and notification requirements? These will include:
Notification to your victim of your current address.
Notification to your neighbors of your name and address,
the offense of which you were convicted, the fact that you have been determined
to be a sexually violent predator, which notification may be accompanied by
your photograph.
The foregoing notification will also be sent to the local
children and youth services agency, superintendent of schools, daycare centers,
and colleges and universities; it is also available to any member of the public
upon request.
Do you understand all of the above information
relating to registration and notification requirements of persons determined to
be sexually violent predators? ____________________________________________________________
6. Do
you understand that if you are determined to be a sexually violent predator,
you will be required to attend and pay for monthly counseling sessions for the
period you are required to register? ____________________________________________________________
I affirm that I
have read the above document in its entirety and I understand its full meaning,
and I am still nevertheless willing to enter a plea of guilty to the offenses
specified. I further affirm that my
signature and initials on each page of this document are true and correct.
Date:
________________ __________________________________________
Defendant
I,
_______________________________, Esquire, Attorney for __________________________________,
state that I have advised my client of the contents and meaning of this
document; that it is my belief that he/she comprehends and understands what is
set forth above; that I am prepared to try this case; and that the defendant
understands what he/she is doing by pleading guilty.
Date:_______________
_________________________________________
Attorney for the Defendant
RULE 602 - PRESENCE OF THE DEFENDANT
In any criminal proceeding in which
a court appearance by an adult prisoner will be required, the attorney for the
prisoner or the party requesting the presence of the prisoner shall prepare a
transport order and forward it to the judge assigned to the case. Absent genuine exigency or most unusual
circumstances, a request for transport of prisoner shall be made to the Court
not less than three (3) days before such appearance. The transport order shall be filed and served
pursuant to Pa.R.Crim.P.114.
All
motions for deaf and/or language interpreters shall be in conformance with
Pa.R.Crim.P.575 and 576.
Effective July 1, 2004
RULE 700 - SENTENCING JUDGE
The
sentence following a plea of guilty or nolo contendere may be imposed by a
judge other than the judge who received such plea whenever such substitution
shall enhance the efficient disposition of cases. The defendant shall be given due notice at
the time of entering the plea by signing the consent and waiver form as attached
hereto.
Effective July 1, 2004
IN
THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL
DIVISION
COMMONWEALTH
OF PENNSYLVANIA :
:
-vs.- : NO.
_____________________________ :
Defendant :
CONSENT AND WAIVER
AND NOW, this _______ of
_________________________, 20___, the above named Defendant does HEREBY
acknowledge, agree and consent to the entry of a Guilty Plea before the
Honorable _________________________, with the full and complete understanding
that sentencing in the above captioned matter may be held at a later date and
imposed by the Honorable
______________________, or any other judge assigned by the Court.
__________________________________
Defendant
__________________________________
Attorney
for the Defendant
RULE 702 - AIDS IN
IMPOSING SENTENCE
(A) Before the sentencing hearing, defendant and his/her
counsel, or if unrepresented, the defendant shall execute a form entitled “Appellate Rights of Defendant after Sentencing”,
which is attached hereto. Defendant’s
counsel shall review and explain said form to the Defendant. The defendant and defendant’s counsel shall
sign this form. Defendant counsel’s signature
thereon shall constitute a certification by the attorney that he/she has read,
discussed, and explained the form to the defendant, and that to the best of
his/her knowledge, information, or belief that his/her client understands the
form.
(B) On behalf of the Court, the Chief Adult Probation Officer shall submit
a copy of the Guideline Sentencing Form to the Pennsylvania Commission on
Sentencing as required by 204 Pa. Code § 303.1 (d).
Effective July 1, 2004
|
TO THE DEFENDANT:
PLEASE
READ AND THEN REVIEW THE FOLLOWING INFORMATION WITH YOUR LAWYER. IT EXPLAINS THE RIGHTS YOU HAVE FOLLOWING
SENTENCING. IF YOU DO NOT UNDERSTAND
ANYTHING CONTAINED ON THIS DOCUMENT, ASK YOUR LAWYER OR THE SENTENCING JUDGE
TO EXPLAIN IT TO YOU. DO NOT SIGN THIS
DOCUMENT UNTIL YOU UNDERSTAND IT FULLY.
|
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL
DIVISION
COMMONWEALTH OF PENNSYLVANIA :
:
-vs. : NO.
:
_________________________________ :
DEFENDANT
APPELLATE RIGHTS OF
DEFENDANT AFTER SENTENCING
1.
After you are sentenced, you have the right to file either a post-sentence
motion or an appeal to the Superior Court of Pennsylvania.
2.
If you wish to file a post-sentence motion, it must be filed with the Criminal
Clerk of Courts of Carbon County no later than ten (10) days after the
imposition of sentence.
3. If you wish to file an appeal, a notice of
appeal must be filed with the Criminal Clerk of Courts of Carbon County, within
thirty (30) days of imposition of sentence.
This is a right of appeal, which you may exercise without filing a
post-sentence motion. If you file a
post-sentence motion, you would also have a right to appeal from an order deciding
that motion or denying the motion by operation of law.
4.
If you file a post-sentence motion, all requests for relief must be stated with
specificity and particularity, and consolidated in the motion, which may
include:
a.
a motion challenging the validity of a plea of guilty or nolo contendere, or
the denial of a motion to withdraw a plea of guilty or nolo contendere;
b.
a motion of judgment of acquittal;
c.
a motion in arrest of judgment;
d.
a motion for a new trial; and/or
e.
a motion to modify sentence.
5. If you file a post-sentence motion, it and
any supplemental motion you may be permitted to file, must be decided by the
judge within 120 days of the filing of the original motion. The judge may, at your request, grant one 30-day
extension for deciding the motion, if good cause is shown. If the judge fails to decide the motion
within the allowed time, the motion will be denied by operation of law, and the
clerk will enter an order denying the motion.
6. If you file a post-sentence motion, and wish
to appeal from the order deciding or denying the motion, a notice of appeal
must be filed with the Criminal Clerk of Courts of Carbon County, within thirty
(30) days of that order.
7.
Whether or not you file a post-sentence motion, all issues raised before or
during trial are preserved for appeal.
8. You have the right to assistance of counsel
in the preparation of a post-sentence motion or any appeal. If you are indigent, you have the right to
proceed without payment of costs and with counsel appointed to represent you
without charge. If you are now
represented by the Public Defender’s Office and continue to qualify for their
services, that office would continue to represent you without cost.
9. If you qualify for bail and are released on
bail after sentencing, a condition of release will be that you either file a
post-sentence motion and perfect an appeal, or, when no post-sentence motion is
filed, perfect an appeal with the time permitted by law.
I affirm that I have read the above information
completely, that I understand its full meaning, and that I have been given a
copy of this document for my records and review.
Date:___________________ ________________________________
Signature of Defendant
I, _______________________________________, Esquire,
Attorney for ___________________________________, state that I have advised my
client of the meaning of this document and of his/her post-sentence and appeal
rights as required by Pa.R.Crim.P.704; that it is my belief that the defendant
comprehends and understand those rights and what is set forth herein, and that
Defendant has received a copy of this form.
Date:___________________ ________________________________
Attorney for the Defendant
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CRIMINAL
DIVISION
IN RE : CRIMINAL FEE SCHEDULE FOR :
COURT APPOINTED COUNSEL IN : 71 MI 04
NON-HOMICIDE AND HOMICIDE CASES :
AND
NOW, this 28th day of May, 2004, it is hereby
ORDERED and DECREED that, effective July
1, 2004, Carbon County ADOPTS the following schedule for payment of
court-appointed counsel in Non-Homicide and Homicide criminal cases as follows:
Non-Homicide Criminal Cases
1. Counsel
shall be assigned to represent defendants charged with non-homicide criminal
offenses or in any post-conviction proceedings, and juveniles formally charged with delinquency where a conflict of
interest or other sufficient reason exists and the individual cannot properly
be represented by the Public Defender’s Office.
2. At the conclusion of the representation,
or any segment thereof, counsel shall be compensated at a rate of forty dollars
($40) per hour for time expended in Court and at a rate of thirty dollars ($30)
per hour for time reasonably expended out of Court and shall be reimbursed for
all reasonable expenses.
3. Where
one or more felonies are charged or for proceedings under the Post Conviction
Hearing Act, the compensation paid to an attorney shall not exceed one thousand
five hundred dollars ($1,500). Where
only misdemeanors or juvenile delinquencies are charged, payment shall not
exceed seven hundred and fifty dollars ($750).
4. Investigative,
expert, or other services authorized by Order of Court shall not exceed five
hundred dollars ($500) and are reimbursable upon completion of services.
Homicide Cases
1. Counsel appointed shall not exceed one, except in cases of extreme
complexity and those involving the death penalty where a conflict of interest or other sufficient reason exists
and the individual cannot properly be represented by the Public Defender’s
Office.
2. At the conclusion of the representation, or
any segment thereof, counsel shall be compensated for services rendered at a
rate of fifty dollars ($50) per hour for time reasonably expended in Court, and
forty dollars ($40) per hour for time reasonable expended out of Court and
shall be reimbursed for all reasonable expenses.
3. Such compensation shall not exceed four thousand dollars ($4,000) where
one counsel has been assigned, and shall not exceed a total of six thousand
($6,000) where two counsels have been assigned.
4. Investigative, expert, or other services authorized by Order of Court
shall not exceed one thousand five hundred dollars ($1,500) and are
reimbursable upon completion of services.
IT
IS FURTHER ORDERED and DECREED that appointments made pursuant to this rule
shall continue through all stages of the proceedings. Compensation payments shall be a charge upon
the County of Carbon. Any payment in
excess of the limits stated herein may only be made because of extraordinary
circumstances that are necessary to provide fair compensation for representation
and have been approved by the Court.
The Carbon County District Court Administrator is ORDERED and DIRECTED to
do the following:
1. File seven (7) certified
copies of this Administrative Order with the Administrative Office of
Pennsylvania Courts.
2. File two (2) certified
copies and one (1) diskette with the Legislative Reference Bureau for
publication in the Pennsylvania
Bulletin.
3. File one (1) certified
copy with the Pennsylvania Criminal Procedural Rules Committee.
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 Court’s
Office.
BY
THE COURT:
____________________________________
RICHARD W.
WEBB, P.J.
IN THE COURT OF
COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
IN
RE: SUMMONING OF JURORS :
: No. 12
MI 04
FOR
CARBON COUNTY
:
:
JURY
SELECTION
:
ADMINISTRATIVE ORDER NO. 11-2004
AND NOW, this 18th day
of May, 2004, pursuant to 42 Pa.C.S.A. 4531, it is hereby
ORDERED
and DECREED, that the Jury Selection Commission SHALL SELECT at random from the
Master List of prospective jurors two hundred (200) names for the Term of Court
on December 6, 2004 with the exact number of jurors reporting to be determined
by the Court prior to the beginning of trial.
BY THE COURT:
____________________________________
RICHARD W. WEBB, P.J.
IN THE COURT OF COMMON PLEAS OF CARBON
COUNTY, PENNSYLVANIA
CIVIL DIVISION
CRIMINAL DIVISION
ORPHANS’ COURT DIVISION
IN RE : ADOPTION OF CARBON COUNTY LOCAL RULES : 04-1451
OF JUDICIAL ADMINISTRATION 101 -- : 72
MI 04
TITLE AND CITATION OF RULES AND : 04-9196
1901 -- PROMPT DISPOSITION OF MATTERS; :
TERMINATION OF INACTIVE CASES :
ADMINISTRATIVE ORDER NO. 12-2004
AND
NOW, this 28th day of May, 2004, it is hereby
ORDERED and DECREED that, effective July 1, 2004, Carbon County ADOPTS
new Local Rules of Judicial Administration 101 governing the title and citation
of rules and Local Rule 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 seven (7) certified copies of this
Administrative Order with the Administrative Office of Pennsylvania Courts.
2.
File two (2) certified copies and one (1)
diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3.
File one (1) certified copy with the
Pennsylvania Criminal Procedural Rules Committee.
4.
File one (1) certified copy with the
Pennsylvania Civil Procedural Rules Committee.
5.
File one (1) certified copy with the
Pennsylvania Orphans’ Court Procedural Rules Committee.
6.
Forward one (1) copy for publication in
the Carbon County Law Journal.
7.
Forward one (1) copy to the Carbon County
Law Library.
8.
Keep continuously available for public
inspection copies of the Order in the Prothonotary’s Office, Clerk of Court’s
Office, and Orphans’ Court Office.
BY
THE COURT:
RICHARD W. WEBB, P.J.
RULE 101 - TITLE AND CITATION OF RULES
All local Rules of Judicial Administration adopted
by the Court of Common Pleas of Carbon County under the authority of
Pa.R.J.A.101 shall be known as the Carbon County Local Rules of Judicial
Administration and shall be cited as “CARB.R.J.A. _______.”
Effective July 1, 2004
RULE 1901 - PROMPT DISPOSITION OF MATTERS; TERMINATION OF INACTIVE CASES
The Prothonotary, Register of
Wills/Orphans’ Court, Clerk of Courts and District Courts shall prepare a list
of all cases in which no steps or proceedings have been taken for two years or
more for call on the first Monday of December of each year. Notice shall be given to all parties and/or
attorneys and, if no good cause is shown, the Court shall enter an order
dismissing the proceedings.
Effective July 1, 2004
IN THE COURT OF COMMON PLEAS OF
CARBON COUNTY, PENNSYLVANIA CRIMINAL DIVISION
IN RE: AMENDMENT
OF CARBON COUNTY’S :
CRIMINAL CASE MANAGEMENT PLAN :
103 MI 00
ADMINISTRATIVE ORDER NO. 13-2004
AND
NOW, this 28th day of May, 2004, it is hereby
ORDERED and DECREED that, effective July
1, 2004, Carbon County AMENDS the Criminal Case Management Plan and REMOVES
this plan from the Local Rules of Criminal Procedure.
The Carbon County District Court Administrator is ORDERED and DIRECTED to
do the following:
1. File seven (7) certified
copies of this Administrative Order with the Administrative Office of
Pennsylvania Courts.
2. File two (2) certified
copies and one (1) diskette with the Legislative Reference Bureau for
publication in the Pennsylvania
Bulletin.
3. File one (1) certified
copy with the Pennsylvania Criminal Procedural Rules Committee.
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 Court’s
Office.
BY
THE COURT:
RICHARD W. WEBB, P.J.
CARBON COUNTY
COURT OF COMMON PLEAS
CRIMINAL
CASE MANAGEMENT PLAN
PRESIDENT JUDGE RICHARD W. WEBB
I. JUDICIAL
COMMITMENT TO CASEFLOW MANAGEMENT.
Since May 6, 1992, the Court has assumed the responsibility of ensuring
the fair and prompt disposition of all cases, as well as, assure effective and
efficient use of Court resources paid for by taxpayers. Our success is attributable to the commitment
of this principle by each District Justice, Judge, Court and County staff of the
56th Judicial District.
Goal setting provides the objectives and a benchmark for measuring its
success. The Court must meet reasonable
time standards for the processing and prompt disposition of standard types of
cases in terms of their nature and legal issues. “Exhibit “1”, attached hereto, shows the time
standards for criminal cases adopted by the American Bar Association, the
National Conference of State Trial Judges, the Conference of State Court
Administrators and the Pennsylvania Association of Court Management
(PACM). Carbon County’s Plan adheres to
the time standards adopted by PACM.
II. EFFECTIVE
COMMUNICATIONS WITH THE BAR AND POLICE.
The Court coordinates scheduling of cases and makes reasonable accommodations
to prosecuting attorneys, defense attorneys, and law enforcement personnel in
the management of cases. Operative
scheduling allows the District Attorney and Public Defender Offices to provide
full coverage efficiently.
III. EARLY
AND CONTINUOUS COURT SUPERVISION OF CASE PROGRESS.
The Court monitors the progress of cases from the time a summons or
complaint is filed to ensure movement of cases to disposition, eliminating
unnecessary delay and additional costs of prosecution. Mere agreement of counsel/parties is not
sufficient grounds for the Court to grant continuances. When a continuance is granted, the matter is
continued to a specified date.
IV. EVENT-DATE
CERTAINTY.
Reasonable certainty about event dates avoids aggravation, waste and unnecessary
cost to the parties and their attorneys.
Moreover, national studies have found that nothing promotes pretrial
dispositions more than the expectation that a trial is more likely than not to
occur on or near the scheduled date.
Events are scheduled at the District Court level with notice given to
attorneys/parties of all event dates and times, assuring case flow and
expeditious case dispositions.
V. A
FUNCTIONAL CASE MANAGEMENT INFORMATION SYSTEM.
The fully automated court computer system provides relevant, accurate,
and timely case information, supporting an efficient case management plan by
tracking and maintaining cases and events.
VI. TIME
STANDARDS AND CASE MANAGEMENT CRITERIA.
Standard types of criminal cases are
processed and scheduled in accordance with the time-disposition goals listed
below as diagramed on the attached Exhibit “2” marked Carbon County Criminal
Case Flow Chart.
The following time-disposition goals
apply:
1. Preliminary
hearing/waiver - 98% within 30 days of complaint, if case initiated by arrest;
98% within 50 days of complaint if by summons;
2. Court arraignment -
98% within 40 days of preliminary hearing/waiver;
3. Trials - 90% within
150 days of complaint; 98% within 180 days;
4. Sentences - 90% within
30 days of guilt; 98% within 45 days.
Carbon County is divided into a Northern Division and Southern Division
at the District Justice level. District
Court 56-3-01 and District Court 56-3-02 comprise the Southern Division and
District Court 56-3-03 and District Court 56-3-04 comprise the Northern
Division.
All Preliminary Hearings for misdemeanor and
felony cases are scheduled in clusters on Wednesdays every week. One District Justice from the Southern
Division schedules Preliminary Hearings for 9:00 A.M. and the other District
Justice from the Southern Division schedules Preliminary Hearings for 1:15
P.M. The same procedure is followed in
the Northern Division.
A. PRELIMINARY ARRAIGNMENT BEFORE
DISTRICT JUSTICE:
1. If a defendant is brought before the
District Justice on an arrest warrant or a summons is issued, he/she will
receive, in addition to the other required papers, the following:
(a)
Criminal Complaint and Arrest Warrant
Affidavit
(b)
District Court Notice of Preliminary Hearing
(Exhibit 3)
(c)
Carbon County Public Defender Guidelines
(Exhibit 4) -- The District Justice
advises the Defendant to read the Guidelines carefully and contact the Public
Defender's Office for an appointment if Defendant believes he/she qualifies.
(d)
Alternatives to Trial or Guilty Plea if First
Time Offender (Exhibit 5), District Attorney Notice of Accelerated
Rehabilitative Disposition (ARD) Program (Exhibit 6), Questionnaire to
Determine Eligibility for ARD Program (Exhibit 7) and Prior Criminal Record
Form (Exhibit 8) -- The District Justice advises Defendant, if he/she is a
first-time offender of a non violent crime, that Defendant may qualify for the
ARD program.
Defendant should review the Alternatives to Trial or Guilty Plea if First
Time Offender, and if he/she thinks they qualify, Defendant completes and has
notarized the Questionnaire to Determine Eligibility for ARD Program, completes
the Prior Criminal Record Form, and brings both to the Preliminary Hearing at
the District Justice’s Office.
B. PRELIMINARY HEARINGS BEFORE DISTRICT
JUSTICE:
1. Entry of Appearance:
(a) The
attorney representing the defendant at a preliminary hearing signs an Entry of
Appearance pursuant to CARB.R.Crim.P.120 and provides it to the District
Justice before beginning the preliminary hearing.
(b) The
District Justice transmits the Entry of Appearance with the docket transcript
to the Clerk of Courts to be filed of record.
2. A member of the District Attorney’s
Office is assigned to conduct the prosecution of all preliminary hearings and a
member of the Public Defender’s Office is assigned to represent defendants who
qualify for a public defender at the preliminary hearings. The court computer system accommodates the
desire to have the same attorney handle the case from preliminary hearing
through trial.
3. A
significant percentage of cases result in ARD or guilty plea stipulations. In order to accelerate negotiation and avoid
needless delays, the following elements occur at the preliminary hearing:
(a) The District
Attorney provides the defense attorney with a copy of all police reports, and
enlists the assistance of police departments in timely completion of such
reports and supplemental reports;
(b) The defendant, as
part of the negotiation process, signs a Prior Criminal Record Form (Exhibit 8)
listing his/her known prior record, acknowledges that the negotiations are
contingent on the accuracy of the information, and acknowledges that an
INTENTIONAL misstatement of the record can result in additional charges; and
(c) Where a
Guilty Plea or ARD agreement is reached, a written Stipulation for Trial,
Guilty Plea or ARD Form (Exhibit 9), and if ARD, an Explanation of Accelerated
Rehabilitation Program (ARD) and Waiver of Rights Form (Exhibit 10) are completed.
C. SCHEDULING AT PRELIMINARY HEARING:
1. A criminal case scheduling information form (Exhibit 11) is
completed by the District Justice Office after each preliminary
hearing/waiver. This form lists the
Arraignment date, Pretrial Status Conference date, Last Date to Plea-Plea Day
and Jury Selection date. The original of
the scheduling form is forwarded by the District Justice with the docket
transcript to the Clerk of Court with copies provided to the Defendant and
defense counsel.
2. Waiver
of Arraignment Form (Exhibit 12) is signed by defendant and defense counsel if
defendant is waiving his Common Plea Arraignment at the time of the preliminary
hearing.
3. When a DUI ARD has been negotiated, telephonic arrangements
are made by a staff member of the District Justice Office to schedule a Court
Reporting Network (CRN) evaluation. The
defendant is provided with a written Notice of the Procedure for CRN
Evaluation
Form (Exhibit 13) indicating the scheduled date and time. Defendant acknowledges receipt of the form
with his/her signature.
D. COMMON PLEAS SCHEDULING:
Cases from two District Justices are assigned to each Common Pleas
Judge. Caseload is adjusted when
necessary to balance the workload and to keep cases in line with this
management plan.
E. ARRAIGNMENT
AT COMMON PLEAS LEVEL:
1. Local Rule CARB.R.Crim.P.571 provides that arraignments in
non-capital cases, if not waived, are conducted by the District Attorney. Arraignments are scheduled within 40 days
from preliminary hearing/waiver and within 10 days of filing the criminal
information. Arraignment and Waiver of
Arraignment forms listing motion deadline and defendant rights information are
executed.
F. COURT RULINGS ON MOTIONS:
1.
Each Judge monitors the status of all
outstanding motions.
2.
Semi Annual Reports -- Pursuant to
Pennsylvania Rule of Judicial Administration 703(B)(2), each Judge is
responsible to report on matters submitted and undisposed for 90 days or more.
G. PRETRIAL STATUS CONFERENCES:
1. Pretrial
status conferences are held on all cases not stipulated to at the District
Court level. The Pretrial Status
Conferences are scheduled approximately 2 - 4 weeks before the scheduled trial
date. They are conducted by the District
Attorney’s Office. All defendants must
be present.
H. SENTENCINGS:
1. Most
sentences are imposed at time of plea.
If sentences are not imposed at the time of plea, cases are scheduled
for sentencing approximately 30 days thereafter. Sentences may be imposed by a Judge other
than the Judge who took the guilty plea or plea of nolo contendere. See CARB.R.Crim.P.700.
I. DISMISSAL
AND EXPUNGEMENT:
1. At
the end of each month, the Adult Probation Office prepares a list of all
cases/defendants who have successfully completed the ARD Program during the
month. A copy of the list is provided to
the District Attorney and District Court Administrator.
2. If the District Attorney objects to the
automatic expungement, the District Attorney follows the procedure set forth in
Pa.R.Crim.P.320(b).
3. The
District Attorney reviews the list, makes notation on the list of any case(s)
in which Objections will be filed, approves the list by initialing it, and
forwards it to the District Court Administrator.
4. In
all cases where no objections are noted, the District Court Administrator
forwards the Order of Dismissal to the appropriate Judge and, after filing
same, prepares the Expungement Orders and Letters and expunges the cases from
the public access screens of the Court Computer Database System after the
thirty (30) day objection period expires.
5. The
Court and other offices as prescribed by law maintain a confidential list of
completed expungement cases.
Exhibits
1. Comparative
Time Standards For Criminal Cases
2. Carbon
County Criminal Case Flow Chart
3. District
Court Notice of Preliminary Hearing
4. Carbon
County Public Defender Guidelines
5. Alternatives
To Trial Or Guilty Plea If First Time Offender
6. District
Attorney Notice of Accelerated Rehabilitative Disposition (ARD) Program
7. Questionnaire
to Determine Eligibility for ARD Program
8. Prior
Criminal Record Form
9. Written
Stipulation for Trial, Guilty Plea or ARD Form
10. Explanation of Accelerated Rehabilitation
Program (ARD) and Waiver of Rights Form
11. Criminal Case Scheduling Information Form
12. Waiver of Arraignment Form
13. Procedure for CRN
Evaluation Form
|
COMPARATIVE TIME STANDARDS FOR CRIMINAL
CASES
|
|
|
|
|
|
|
|
|
AMERICAN BAR ASSOCIATION & NATIONAL CONFERENCE OF STATE TRIAL
JUDGES STANDARDS
|
CONFERENCE OF STATE COURT
ADMINISTRATORS STANDARDS
|
PA ASSOCIATION OF COURT MANAGEMENT AND CARBON
COUNTY STANDARDS
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FROM ARREST
|
FROM ARREST
|
FROM COMPLAINT
|
FROM COMPLAINT
|
|
|
|
|
INCARCERATED
|
NOT INCARCERATED
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FELONY
|
90% WITHIN 120 DAYS
|
100% WITHIN 180 DAYS
|
90% WITHIN 150 DAYS
|
90 % WITHIN 180 DAYS
|
|
|
98% WITHIN 180 DAYS
|
|
98% WITHIN 180 DAYS
|
98% WITHIN 240 DAYS
|
|
|
100% WITHIN 1YEAR
|
|
|
|
|
|
|
|
|
|
|
MISDEMEANORS
|
90% WITHIN 30 DAYS
|
100% WITHIN 90 DAYS
|
90% WITHIN 150 DAYS
|
90% WITHIN 180 DAYS
|
|
|
100% WITHIN 90 DAYS
|
|
98% WITHIN 180 DAYS
|
98% WITHIN 240 DAYS
|
|
|
|
|
|
|
|
SUMMARIES
|
90% WITHIN 30 DAYS
|
|
90% WITHIN 30 DAYS
|
|
|
|
100% WITHIN 90 DAYS
|
|
98% WITHIN 90 DAYS
|
|
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SUMMARY APPEALS
|
|
|
90% WITHIN 60 DAYS
|
|
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98% WITHIN 90 DAYS
|
|
CARBON COUNTY CRIMINAL
CASE FLOW CHART*
ARDS/
ARREST OR PRE-TRIAL GUILTY PLEAS
COMPLAINT PRELIMINARY ARRAIGNMENT STATUS (LAST
DAY JURY
FILED HEARING GUILTY PLEA CONFERENCE TO PLEA) SELECTION SENTENCING
______ ________ ___________ ____________ ___________ ____________ ___________
|
|
WITHIN 30 DAYS IF
INITIATED BY ARREST WITHIN 50 DAYS IF INITIATED BY SUMMONS
|
WITHIN 40 DAYS FROM
PRELMINARY HEARING
|
WITHIN 30 DAYS FROM
ARRAIGNMENT
|
2 – 15 DAYS FROM
PRETRIAL CONFERENCE
|
4-32 DAYS FROM LAST DAY TO PLEA
|
WITHIN 45 DAYS AFTER
PLEA OR VERDICT
|
|
|
|
EVERY WEDNESDAY
|
EVERY WEDNESDAY
|
|
|
|
(IF NOT SENTENCED AT
GUILTY PLEA
|
|
+30 +70 +100 +110 +142 (182)
*The County is divided
into a Northern Division and Southern Division for Preliminary Hearings in
Misdemeanor and Felony Cases. Four
District Justices conduct Preliminary Hearings in clusters every Wednesday. One District Justice in each division conducts
Preliminary Hearings commencing at 9:00 A.M. and one District Justice in each
Division conducts Preliminary Hearings commencing at 1:15 P.M.
(Rev. July 1, 2004)
CARBON COUNTY
MAGISTERIAL DISTRICT
No.
Dear Sir/Madam:
You have been summoned
to appear for a preliminary hearing at ______________________________________
on ___________________________________, in the Office of
_______________________________________________________________.
Enclosed please find the
following forms:
1.
Criminal Complaint and Arrest Warrant Affidavit
2.
Notice of Hearing
3.
Carbon County Public Defender Guidelines
4.
Alternative to trial or guilty plea program criteria -- Accelerated
Rehabilitation Disposition Program (ARD).
5.
Questionnaire to Determine Eligibility for ARD Program, if you are
eligible
6.
Prior Criminal Record Statement
Examine the enclosed
Carbon County Public Defender Guidelines.
If you feel you are eligible, call the Public Defender’s Office immediately to set up an
appointment to fill out an application.
The Public Defender’s Office is located in the Carbon County Courthouse,
Jim Thorpe, Pennsylvania. The telephone
number is 570-325-2343.
You should have either
obtained an attorney or had a Public Defender assigned to you before your
preliminary hearing. This attorney
should be present with you at your preliminary hearing.
If this is your first
criminal offense, you may be eligible for the ARD program. If you qualify, you should fill out and get
notarized the enclosed Questionnaire to Determine Eligibility for the ARD
program and complete the Prior Criminal Record Statement and bring both to the
Preliminary Hearing at the District Justice Office.
Very
truly yours,
District
Justice
Carbon County Public
Defender Guidelines
The following financial guidelines
established by the Public Defender's Office of Carbon County are to be used in
determining eligibility for free legal counsel.
An individual may apply for free
legal counsel in the following situations:
- criminal
charges; misdemeanor and felony.
-
summary cases only when there is a likelihood that
the court will impose imprisonment.
-
parole / probation violation. (individual must
reapply)
The following applicants are presumed
to be indigent and eligible for free legal representation:
-
any
individual presently detained in a correctional or state hospital facility that
does not have asset(s) and is unable to pay for private counsel.
-
any
individual whose GROSS income is below the maximum income level.
A.
In determining the GROSS income of the applicant, criteria to be
considered but not limited to the following will include:
1.
All income coming into the home: unemployment, worker's compensation,
social security, pensions, stocks, bonds, interest earned, inheritances, rents
received, lawsuits, etc. Assets: house(s), property, car(s), etc. We will require proof.
2.
If the applicant is married and living with a spouse, both incomes will
be considered. Dependant(s) are
child(ren) 18 years and younger living with natural parents or are legally
adopted. Proof is required. Single parents, who claim child (ren) as
dependant(s), must be paying support by Court Order or have child(ren) living
with him/her. Proof of Court Ordered
support is required.
Family Yearly Monthly Weekly
1 $ 8,590 $ 716 $179
2 11,610 968 242
3 14,630 1,219 305
4 17,650 1,470 368
5 20,670 1,723 430
6 23,690 1,975 494
7 26,710 2,225 556
8 29,730 2,478 620
each additional 3,020 252 63
If you feel you are eligible, call
the Public Defender's Office to set up an appointment to fill out an
application. This must be done in person.
You must apply at least five (5) days BEFORE your hearing. Please bring with you all paperwork you have received
to date and any copies of proof of any and all income as stated above. The phone number is (570) 325-2343. The Public Defender hours are Monday -
Friday, 8:30 a.m. to 4:30 p.m., except holidays. We do not accept applications after 4:00
p.m., since it takes approximately 20 minutes to fill out the application. WE
DO NOT ACCEPT ANY COLLECT CALLS.
DO NOT have alcohol on your
breath or look to be under the influence of any substances or you will be asked
to return at another date to complete the application. We are not responsible for any delays if you
do not call for an appointment or you are asked to come back because you appear
to be under the influence of a substance, or have not brought the required
copies of any and all proof mentioned above.
Remember:
Statements made on the application for a Public Defender must be true
and correct. Any false statements that
are made are subject to penalties of 18 Pa.
C. S., Section §4904, relating to unsworn falsification to authorities.
ALTERNATIVES TO TRIAL OR GUILTY PLEA IF
FIRST TIME OFFENDER
CARBON COUNTY
JIM THORPE, PENNSYLVANIA
ACCELERATED REHABILITATIVE DISPOSITION
WHAT IS ARD?
ARD is a ONE-TIME alternative to trial, conviction, and/or the
mandatory jail sentence.
Upon application and completion of
all conditions and a probation period, the criminal charges are dismissed and
the record is expunged.
WHO QUALIFIES FOR ARD?
You may be eligible for ARD if you
meet the following required standards for the program:
1. You
have no charges of a sexual nature.
2. You
have no prior DUI offenses.
3. You
have not had any prior periods of revocation from supervision.
4. You
do not have any F1 convictions or adjudications.
5. You
do not have any F2 or F3 convictions or adjudications within the last TEN
YEARS.
6. You
cannot receive ARD if you falsify information on the ARD questionnaire.
7. If
an accident was involved, there was NO serious injury or death.
8. You
cannot have an extensive driving record.
9. You
have not committed a new offense will waiting for your court date or while
under supervision.
10.
You attended the CRN appointment prior to the Court date.
11.
You have no prior conviction for Homicide by Motor Vehicle.
12.
There were no children under the age of 14 in the vehicle at time of incident.
13.
You must possess necessary insurance, if accident was involved.
14.
If applicant pleads guilty to any summary offense, he/she must sign a Waiver of
Double Jeopardy Rights.
HOW DO I GET INTO THE ARD PROGRAM?
1. You must
complete the Questionnaire to Determine Eligibility for Accelerated
Rehabilitative Disposition (ARD) program and have it notarized, complete the
Prior Criminal Record Statement, and, if DUI related, sign the Waiver of Rights
Form attached to the Explanation of Accelerated Rehabilitation Program for
Driving Under the Influence Offenders and bring it with you to the Preliminary
Hearing at the District Justice's Office.
If the ARD applicant is found to meet all of the criteria for inclusion
into the ARD Program, the applicant will be recommended by the District Attorney
to the Court for placement into the ARD Program and a Stipulation for ARD will
be completed and you will receive a copy of the Stipulation and Order advising
you when to appear for an ARD Hearing at the Court of Common Pleas.
2. A member of the
District Justice staff will call and obtain an appointment for a CRN evaluation
at the Carbon - Monroe - Pike Drug and Alcohol Office, First Street, Lehighton,
Pennsylvania, and given you notice of the appointment and procedure for
obtaining a CRN evaluation.
WHAT DOES PLACEMENT INTO THE ARD
PROGRAM REQUIRE YOU TO DO?
NON-DUI OFFENDERS:
1.
Serve up to a TWO-YEAR probationary period.
2.
SIGN an ARD written Waiver
of your Preliminary Hearing and Arraignment.
3.
COMPLETE a counseling program,
if deemed necessary, and pay for it.
4.
PAY one-half of the ARD
Administrative Fee of $350.00 on or before your scheduled ARD hearing date.
5.
PAY ALL the ARD Program
costs as may be set from time to time by Administrative Order.
6.
COMPLIANCE with such rules and
regulations as may be set forth by the Carbon County Courts.
DUI OFFENDERS – RATE OF ALCOHOL .08 to
.099:
1. Serve
a SIX-MONTH probationary period.
2. SIGN an ARD written Waiver of your Preliminary Hearing
and Arraignment.
3. ATTENDANCE AND COMPLETION of an ALCOHOL SAFE
DRIVING PROGRAM at the Carbon-Monroe-Pike Drug and Alcohol Office.
4. COMPLETE a counseling program, if deemed necessary, and pay
for it.
5. PAY one-half of the ARD Administrative Fee of $350.00
on or before your scheduled ARD hearing date.
6.
PAY ALL the ARD Program costs as may be set from time
to time by Administrative Order.
7. COMPLIANCE with such rules and regulations as may be set forth
by the Carbon County Courts.
DUI OFFENDERS – RATE OF ALCOHOL .10 to
.159:
1.
Serve a ONE-YEAR probationary period.
2.
SIGN an ARD written Waiver of your Preliminary Hearing
and Arraignment.
3.
THIRTY-DAY SUSPENSION of driving
privileges.
4.
ATTENDANCE AND COMPLETION of an ALCOHOL SAFE
DRIVING PROGRAM at the Carbon-Monroe-Pike Drug and Alcohol Office.
5.
COMPLETE a counseling program, if deemed necessary, and pay
for it.
6.
PAY one-half of the ARD Administrative Fee of $400.00
on or before your scheduled ARD hearing date.
7.
PAY ALL the ARD Program costs as may be set from time
to time by Administrative Order.
8.
COMPLIANCE with such rules and regulations as may be set forth
by the Carbon County Courts.
DUI OFFENDERS – RATE OF ALCOHOL .16 and
higher and Refusal:
1. Serve
a ONE-YEAR probationary period.
2. SIGN an ARD written Waiver of your Preliminary Hearing
and Arraignment.
3. SIXTY-DAY SUSPENSION of driving privileges.
4. ATTENDANCE AND COMPLETION of an ALCOHOL SAFE
DRIVING PROGRAM at the Carbon-Monroe-Pike Drug and Alcohol Office.
5. COMPLETE a counseling program, if deemed necessary, and pay
for it.
6. PAY one-half of the ARD Administrative Fee of $450.00
on or before your scheduled ARD hearing date.
7. PAY ALL the ARD Program costs as may be set from time
to time by Administrative Order.
8. COMPLIANCE with such rules and regulations as may be set forth
by the Carbon County Courts.
FAILURE TO ATTEND ANY APPOINTMENTS OR
SCHEDULED COURT APPEARANCES WILL RESULT IN DENYING YOUR ACCEPTANCE IN ARD!
NO JAIL TERM, IF ACCEPTED FOR ACCELERATED
REHABILITATIVE DISPOSITION AND IT IS COMPLETED SATISFACTORILY.
DUI OFFENDERS – ARD not stipulated at the
District Court level must PAY one-half of the ARD Administrative Fee of $500.00
on or before your scheduled ARD hearing date.
DISTRICT ATTORNEY OF CARBON COUNTY
CARBON COUNTY COURTHOUSE
P.O. BOX 36
JIM THORPE, PENNSYLVANIA 18229
NOTICE
Your
case MAY be a proper one for handling under the Accelerated
Rehabilitative Disposition Program (A.R.D.)
As
you know, you were arrested and charged with a crime. You have the right to a trial and the Commonwealth
must prove you are guilty beyond a reasonable doubt. However, being placed on probation may help
you more than being convicted and sentenced to jail, so your case may be chosen
for possible inclusion in the Accelerated Rehabilitative Disposition
Program. Under this program, instead of
being tried, you might be placed on probation immediately. If you stay out of trouble during the period
of this program, these charges will be discharged and your record
expunged. If you violate the conditions,
you will be tried as if you never had been in this program.
If
you desire to be considered for the A.R.D. Program, you MUST complete the enclosed questionnaire and have it notarized. Bring the
notarized, completed questionnaire with you to the Office of the District
Justice at the time of your preliminary hearing.
Be
advised that applying for admission into the A.R.D. Program does not relieve you of your obligation to appear before the
District Attorney’s Office or the Court for all scheduled appearances. Failure to so appear will result in a bench
warrant being issued for your arrest.
YOU SHOULD BE CERTAIN TO CONTACT YOUR LAWYER SO THAT YOU UNDERSTAND WHAT
THIS PROGRAM IS AND HOW IT WORKS.
Very
truly yours,
GARY
F. DOBIAS
District
Attorney
GFD/ndj
Enclosure
APPROVED : _____________________
DISAPPROVED: _____________________
DATE: __________________
OFFICE OF THE DISTRICT ATTORNEY
CARBON COUNTY COURTHOUSE
P.O. BOX 36
JIM THORPE, PENNSYLVANIA 18229
(570) 325-2718
COMMONWEALTH OF PENNSYLVANIA :
:
VS. : NO.
:
QUESTIONNAIRE TO DETERMINE ELIGIBILITY
FOR ACCELERATED REHABILITATIVE
DISPOSITION
TO THE DEFENDANT:
The following questions are to be
answered truthfully and fully under oath or affirmation. Bring this questionnaire with you to the District
Justice’s Office at the time of your preliminary hearing so the District
Attorney can determine your eligibility for consideration into the Accelerated
Rehabilitative Disposition Program.
YOU ARE ADVISED THAT ANY FALSE STATEMENT GIVEN IN ANSWER TO ANY QUESTION
MADE WITH INTENT TO MISLEAD THE DISTRICT ATTORNEY’S OFFICE IS PUNISHABLE AS A
MISDEMEANOR OF THE SECOND DEGREE PUNISHABLE BY A FINE NOT EXCEEDING $5,000.00
AND IMPRISONMENT NOT EXCEEDING TWO (2) YEARS, OR BOTH.
WRITE CLEARLY AND IN INK
1. State
your full name, Social Security Number and Driver’s Operator Number.
_____________________________________________________________________________
2. What is your date of birth and current
age? __________________________________________
3. Give your place of birth (city, state, and
country). _____________________________________
_____________________________________________________________________________
4. State any other names by which you are
known or by which you have been known, including aliases.
______________________________________________________________________
5. State
any nicknames by which you are known. _______________________________________
6. What
is your present address and telephone number? ________________________________
____________________________________________________________________________
7. What is your marital status?
_____________________________________________________
8. What is the name of your spouse?
________________________________________________
9. Give
the names and ages of any children. __________________________________________
____________________________________________________________________________
10. Give
the names of all persons with whom you live and your relationship with
each.
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
11.
Give each and every address where you resided during the last five-year period.
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
12. State your educational experience, giving
the names of schools you attended and the date of attendance.
Grade School:
________________________________________________________________
High School: _______________________________________________________________
College: _______________________________________________________________
Other: _______________________________________________________________
13. State your military status. (Check One)
Veteran _________ Non-Veteran __________
If you have been in the military
service of the United States, state which branch, the years of service and the
type of discharge.
Branch: ____________ Years:
____________
Discharge: Honorable: ____________ Dishonorable: ______________
Other: _________ Explain: ________________________________________________
14. State what occupations or jobs you have
held in the last five (5) years:
Employer Job
Description Years
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
15. What is your present occupation or
employment and how long employed?
________________________________________________________________________
Employer:
________________________________________________________________
Describe Duties:
___________________________________________________________
If unemployed, source of income:
______________________________________________
16. What is your present average net income?
________________________________________
17. What is your ability to pay Court costs?
AMT: ____________________________________
18. Have you been arrested for any Juvenile
or Adult criminal offenses?
Yes ____________ No _____________
If so, state the following, using
additional sheet(s) if necessary.
Date of Arrest (Month/Year):
__________________________________________________
Charge: __________________________________________________________________
Jurisdiction (City & State):
____________________________________________________
Sentence or other Disposition:
_________________________________________________
19(a). Have you ever been convicted of DUI or been
placed on an A.R.D. Program as a result of a DUI
Charge? Yes _________ No ____________
If so, state:
Date of Arrest:
____________________________________________________
Date of conviction or acceptance in
the A.R.D. Program: ___________________
County where this
occurred:__________________________________________
19(b). Have you ever been placed in an A.R.D.
Program for a non-DUI offense?
Yes ______________ No _______________
If so, state:
Date of
Arrest:_____________________________________________________
Charge:__________________________________________________________
Date of conviction or acceptance in
the A.R.D. Program: ___________________
County where this occurred:__________________________________________
20. Are you presently on parole or probation?
_______________________________
21. Have you ever been treated for mental
illness or hospitalized for mental illness:
Yes ________________ No _______________
If so, state when, where and period
of time.
________________________________________________________________
22. Do you have any disease or other
disability at the present time?
Yes ________________ No __________________
If so, state the nature
thereof:
_________________________________________________
_________________________________________________________________________
23. Are you presently dependent upon or
addicted to alcohol or drugs?
Yes ________________ No ___________________
24. Are
you presently enrolled in any treatment program for alcohol or drug addiction
dependency?
Yes _____________ No ________________
THE FOLLOWING QUESTIONS ARE TO BE
ANSWERED BY ANY PERSON CHARGED WITH DUI
25. Were you involved in an accident? Yes ______________ No _____________
If so:
(a) Do you have insurance? Provide
the name of your insurance company.
____________________________________________________________________________
(b) Was any person, other than you
injured? Yes ________ No _________
(c) If so, give the
name and address of injured party or parties, along with a description of the
injuries suffered.
____________________________________________________________________________
(d) Is there any restitution due? If
any, approximately how much?
____________________________________________________________________________
26. State any other offenses you were charged
with, either under the vehicle code or the crimes code, which arose from this
incident.
____________________________________________________________________________
____________________________________________________________________________
27. What was your blood alcohol reading?
____________________
28. WHERE were you drinking?
_____________________________________________________
How long?
___________________________________________________________________
TO BE COMPLETED BY ALL APPLICANTS
29. State
the name, address and telephone number of three reputable citizens, not related
to you, who are willing to support your consideration for the Accelerated
Rehabilitative Disposition Program:
NAME ADDRESS TELEPHONE NUMBER
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
30.
State briefly why you feel you should be given the benefit of placement in the
Accelerated Rehabilitative Disposition Program.
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
I, hereby, swear to (or affirm) the
truth of the facts set forth in this Questionnaire to Determine Eligibility for
Accelerated Rehabilitative Disposition and I fully realize that an
intentionally falsification as to any answer, or part thereof, is a crime
punishable by law.
__________________________________
Signature
of Applicant
Acknowledgement:
Sworn to (affirm) and
subscribe to
before me this
_________ day of
__________________, _____,
A.D.
___________________________
NOTARY
56TH JUDICIAL DISTRICT
– CARBON COUNTY
PRIOR CRIMINAL RECORD
STATEMENT
DEFENDANT’S NAME:
________________________________________________________
OTN #:
______________________________________________________________________
DEFENSE COUNSEL:
________________________ DA:
__________________________
Representations
regarding prior record:
I,
_____________________________, defendant, represent that my prior criminal
record, including prior ARDs, is set forth here in full, to the best of my
memory. I understand that if this
listing is in error, the parties will not be bound by the agreement. I ALSO UNDERSTAND THAT AN INTENTIONAL FALSE
STATEMENT BY ME ON THIS DOCUMENT COULD RESULT IN A SEPARATE CRIMINAL
PROSECUTION.
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______________________________ ______________________________
(Defendant) (Date) (Defense
Counsel) (Date)
______________________________
(DA
assigned to case) (Date)
IN THE COURT OF COMMON
PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL
COMMONWEALTH OF
PENNSYLVANIA :
: CASE ID #___________________________
vs :
STIPULATION
CHARGES FOR TRIAL,
GUILTY PLEA OR ARD
COUNT
#1 ____________________________________________________
COUNT
#2 ____________________________________________________
COUNT
#3 ____________________________________________________
COUNT
#4 ____________________________________________________
COUNT #5 ____________________________________________________
COUNT #6 ____________________________________________________
AND NOW, this _________ day of
_________________, 20 , the following
stipulation is entered into between the Commonwealth and the Defendant in
connection with the above charges: (check one)
_____ TRIAL BY JURY _____ NON-JURY TRIAL _____ GUILTY PLEA _____ ARD
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
_________________________________ ___________________________________
Defendant Attorney
for the Defendant
_________________________________ __________________________________
D.A. or Assistant D.A.
_________________________________
Address
_________________________________
Telephone Number
ORDER
AND NOW, this _______ day of ______________,
____, it is hereby ORDERED and DECREED that the Defendant shall appear in Court
Room #1/2, Carbon County Courthouse, Jim Thorpe, Pennsylvania, on the ______
day of _________, ____ at ______ .M.
prevailing time or on further order of the Court, for
_____________________________________________________.
BY
THE COURT
_____________________________________________
District Justice/Judge
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL
COMMONWEALTH
OF PENNSYLVANIA :
: D.J.
ID # ___________________
vs. : O.T.N. # ___________________
: C.P. ID # ___________________
__________________________, :
Defendant
EXPLANATION
OF ACCELERATED REHABILITATION PROGRAM (A.R.D.)
and
WAIVER OF RIGHTS FORM
1.
I understand that I have been charged with a crime and that I have a
right to go to trial on that charge. I
am presumed innocent of this charge and the prosecution must prove my guilty
beyond a reasonable doubt.
2.
Notwithstanding my right to go to trial, I ask to be placed in the Carbon
County A.R.D. Program and I CERTIFY
THAT I HAVE NOT PREVIOUSLY BEEN IN SUCH A PROGRAM IN THIS OR ANY OTHER
JURISDICTION.
3.
I understand the District Attorney will consider any prior criminal
conviction I may have.
4.
I understand the District Attorney will consider a victim's input on my
request for A.R.D.
5.
I am aware that I will be in the A.R.D. program for a specific period and
that the special terms and condition of the program are as follows:
(a)
I will pay the costs of the prosecution of the charges filed against me.
(b)
I will attend and complete the Highway Safety Program at the
Carbon-Monroe-Pike Drug & Alcohol Office and pay the costs thereof.
(c)
I will receive an alcohol and/or drug evaluation and follow through with
any recommended treatment and pay the costs thereof.
(d)
I may have to receive a mental health evaluation and follow through with
any recommended treatment and pay the costs thereof.
(e)
I will complete any community service hours as may be ordered by the
Court.
(f)
If I caused any property damage or personal injury to anyone and do not
have insurance to pay for such damage or personal injury, I will make
restitution to the victim of the amount of such damage or personal injury.
(g)
I will abide by the general rules and regulations applicable to all
persons on A.R.D.
6.
I understand that the charges which have been filed against me will not
be further prosecuted while I am in the A.R.D. Program, but if I fail to
complete the program satisfactorily, I will be removed from the program and the
charges filed against me will then be prosecuted according to law as if I had
never been in the A.R.D. Program.
7.
I understand that if I successfully complete the A.R.D. Program the
charges that have been filed against me will be dismissed and the record will
be expunged. If my current charge is for
an offense under the driving under influence statute and I am convicted of a
subsequent offense of driving under the influence, I may be sentenced as a
second or subsequent offender of driving under the influence.
8.
I understand that I can reject this offer of A.R.D. and demand that my
case be brought to trial instead and that neither rejection of A.R.D. nor any
statement I make in these A.R.D. proceedings can be used against me at trial.
9.
I understand that by participating in the A.R.D. Program I waive (give
up) the following rights:
(a) My right to a preliminary hearing.
(b) My right to a formal Court arraignment.
(c) The right to have my case tried before a
jury within three hundred and sixty-five (365) days from the date the charges
were filed against me and dismissed if not tried within 365 days.
(d) The applicable statute of limitations
within which prosecution must be commenced on the charges against me.
10. Time spent in processing the
questionnaire for A.R.D. will be excluded in computing the 365 days under Rule
600.
11. I understand that if my case is
removed from the A.R.D. program and sent back for trial, the District Attorney
will then have one hundred and twenty (120) days within which to bring me to
trial.
I have read the above and fully
understand it.
DATE:
_________________ SIGNED:
______________________________________________
Defendant
As attorney for the above-named
Defendant, I certify that I have fully discussed and reviewed the foregoing
explanation and waiver of right to the Defendant and I believe he/she
understands it.
DATE:__________________ SIGNED
:______________________________________________
Attorney
for Defendant
I agree that this case is suitable
for inclusion in the A.R.D. Program and I move that the Defendant be placed on
A.R.D.
DATE:__________________ SIGNED:_______________________________________________
(Assistant)
District Attorney
IN THE COURT OF COMMON
PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL
COMMONWEALTH OF
PENNSYLVANIA :
: D.J. ID #___________________________
vs. : O.T.N. NO. ________________________
:
Defendant :
CRIMINAL CASE SCHEDULING INFORMATION
Defense Counsel:
_________________________ Asst.
District Atty. ______________________
Entry of Appearance
Signed? ______________ Major Charge:
________________________
Is defendant in jail?
_______________________ Date Complaint Filed:
__________________
Waiver of Arraignment
signed? _____________ Date of Preliminary Hearing:
____________
IMPORTANT NOTICE
You and your attorney
are required to appear for the following proceedings. These dates may not be changed without Leave
of Court.
1. Arraignment (if not waived):
_________________________________ 9:00
A.M.
Prevailing time, Courtroom Two,
Courthouse, Jim Thorpe, PA 18229
2. Pre-trial Status Conference:
__________________________________ 9:00
A.M.
Prevailing time, District Atty.
Office, Courthouse, Jim Thorpe, PA 18229
3. Last Day to Plea-Plea Day:
___________________________________ 1:15
P.M.
Prevailing time, Courtroom One,
Courthouse, Jim Thorpe, PA 18229
4. Jury Selection:
_____________________________________________
10:00 A.M.
Prevailing time, Courtroom One,
Courthouse, Jim Thorpe, PA 18229
***FAILURE TO APPEAR MAY RESULT IN A
FORFEITURE OF YOUR BAIL BOND AND THE ISSUANCE OF A BENCH WARRANT FOR YOUR
ARREST***
The undersigned
defendant and defense counsel hereby acknowledge receipt of a copy of this
notice.
Date:
_______________________ _________________________________
Defendant
_________________________________
Defendant’s
Counsel
________________________________
District
Justice
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
COMMONWEALTH OF
PENNSYLVANIA :
: D.J. ID # _______________
VS. : O.T.N. # _______________
: C.P. ID #________________
____________________________________ :
Defendant
WAIVER OF
ARRAIGNMENT
I,
the undersigned attorney for the Defendant, do hereby waive the arraignment
provided for in PA. Rule of Criminal Procedure No. 571 which is scheduled to be
held in this case on __________________________.
I, the undersigned
Defendant, understand that:
1.
The information containing the charges against me
will be filed in the Office of the Clerk of Courts and a copy will be mailed to
my attorney and to me.
____________________
(Defendant’s initials)
2.
Any discovery must be concluded 14 days after the scheduled arraignment
date.
____________________
(Defendant’s initials)
3.
I must file a request for a Bill of Particulars in writing within 7 days
after the scheduled arraignment date.
_______________________ (Defendant’s initials)
4.
If I intend to offer the defense of alibi, insanity or mental infirmity,
I must notify the Attorney for the Commonwealth in writing within 30 days after
the scheduled arraignment date.
_______________________ (Defendant’s initials)
5.
I must file all pre-trial motions for relief on or before 30 days from
the scheduled arraignment date.
_______________________ (Defendant’s initials)
6. If I fail to file any motions for
discovery or pre-trial relief within the prescribed time limits, it shall be
considered a waiver of the rights to file such motions.
________________________
(Defendant’s initials)
7. I must give the Court notice prior to
stated jury selection date if I desire to have my case tried before a Judge
without a jury._____________ (Defendant’s initials)
Date: _________________________ _____________________________________
Defendant’s
Signature
_____________________________________
Attorney
for Defendant
PROCEDURE FOR CRN EVALUATIONS
1.
The CRN (Court Reporting Network) evaluation is a
computer-supported information system that provides the Courts with a detailed
personality and alcohol intake profile of a person charged with Driving Under
the Influence.
2.
The Court MUST have in their possession, prior to your sentencing or acceptance into
the ARD program, the complete CRN evaluation.
It is important that you keep the scheduled appointment given to you to
avoid any delays in your case.
3.
Please have the following information with you at
the time of your evaluation:
-
TIME AND DATE OF ARREST
-
DRIVER’S LICENSE NUMBER
-
BLOOD ALCOHOL CONCENTRATION LEVEL (BAC)
4.
The cost of the CRN evaluation is $50. Payment in full is required at the time of
the evaluation. Failure to appear,
failure to bring the $50 fee and/or the above-requested information, will
result in the re-scheduling of your appointment. A $15 no-show fee will be assessed for missed
appointments.
MASTERCARD AND VISA ARE ACCEPTED OR MAKE CHECK
OR
MONEY ORDER PAYABLE TO:
Carbon-Monroe-Pike Drug & Alcohol Commission, Inc.
____________________________ _______________________________
Date of Appointment Time of Appointment
Bonnie
Wright, BA, CAC
AHSP Program Director
Carbon – Monroe – Pike Drug & Alcohol Commission, Inc.
I have read the above
and fully understand it and I acknowledge receipt of the scheduled CRN
evaluation date and time.
Date: __________________________ ________________________________
Defendant
CARBON OFFICE MONROE OFFICE PIKE OFFICE
110 S. First Street 724 A Phillips Street Suite 303, 10 Buist
Rd.
Lehighton, PA 18235 Stroudsburg,
PA 18360 Milford,
PA 18337
610-377-5177 1-866-824-3578 570-296-7255
IN THE COURT OF COMMON
PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL DIVISION
IN RE: FEE SCHEDULE FOR
CARBON COUNTY :
: 04-1728
ARBITRATORS :
ADMINISTRATIVE ORDER NO. 14-2004
AND
NOW, this 22nd day of June, 2004, it is hereby
ORDERED and DECREED that, effective July 26, 2004, Carbon County
ADOPTS the following fee schedule for Arbitrators
appointed pursuant to Pennsylvania Rules of Compulsory Arbitration:
1.
Each member of the board of arbitrators who signs the award shall
receive a fee of $125.00 for all cases involving three (3) hours or less, plus $25.00
for each hour over three (3) hours.
(Awards in companion cases heard together count as one award for
purposes of this Order). In cases
requiring hearings of unusual duration or involving questions of unusual
complexity, the Court on petition of the members of the board and for cause
shown, may allow additional compensation.
2.
In cases where an award is to be entered by the arbitrators
pursuant to an agreement of settlement within two (2) days before the scheduled
hearing, each member of the board shall receive a fee of $75.00.
The Carbon County
District Court Administrator is ORDERED and DIRECTED to do the following:
1. File seven (7) certified copies of this
Administrative Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one
(1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) certified copy with the
Pennsylvania Civil Procedural Rules Committee.
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 Prothonotary’s Office.
BY
THE COURT:
RICHARD W. WEBB, P.J.
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL DIVISION
IN RE : ADOPTION OF NEW LOCAL RULES :
OF CIVIL PROCEDURE AND : 04-1727
RECISSION OF ALL OLD LOCAL RULES
:
OF CIVIL PROCEDURE :
ADMINISTRATIVE ORDER NO. 15-2004
AND NOW, this 22nd
day of June, 2004, in order to comply with the new Pennsylvania Rules of Civil
Procedure effective July 26, 2004, it is hereby
ORDERED and DECREED
that, effective July 26, 2004, Carbon County ADOPTS new Local Civil Rules of
Procedure and hereby RESCINDS,
effective July 25, 2004, all old Local Civil Rules adopted and
revised by this Court at various times and docketed to several different docket
numbers.
The Carbon County
District Court Administrator is ORDERED and DIRECTED to do the following:
1.
File seven (7) certified copies of this
Administrative Order with the Administrative Office of Pennsylvania Courts.
2.
File two (2) certified copies and one (1)
diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3.
File one (1) certified copy with the
Pennsylvania Civil Procedural Rules Committee.
4.
Electronically submit to the
Administrative Office of Pennsylvania Courts a copy of local rules numbered
205.2(a), 205.2(b), 206.4, 208.2(c), 208.2(d), 208.2(e), 208.3(a), 210,
1028(c), 1034(a), and 1035.2(a) for publication on the web site located at
www.aopc.org.
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 Order in the Prothonotary’s Office.
BY
THE COURT:
RICHARD W. WEBB, P.J.
RULE 51 – TITLE AND CITATION OF RULES.
All
local civil procedural rules adopted by the Court of Common Pleas of Carbon
County under the authority of Pa.R.C.P.239 shall be known as the Carbon County
Local Rules of Civil Procedure and shall be cited as “CARB.R.C.P. _______.”
Effective 7/26/04
RULE 105 - BONDS
(1) When
a bond with approved security is required, the surety shall be a certified
surety company in accordance with a list thereof maintained in the
Prothonotary's Office, or in lieu thereof, at least one responsible surety or a
deposit of cash.
(2) In
all cases the form of the bond and the surety thereon shall be subject to
review by the Court upon the filing of a motion stating specifically the
objections thereto, together with notice to the adverse party and/or attorney
in accordance with CARB.R.C.P.208.3(a).
Effective 7/26/04
RULE 205.2 (a) - FILING OF LEGAL PAPERS WITH THE PROTHONOTARY.
All papers filed in the Prothonotary's Office
shall conform to the following requirements:
1 The
use of backers and/or toppers is prohibited.
2.
Original pleadings shall be held together by
paper clip or expandable spring-loaded clip.
3.
Original pleadings shall not be highlighted
by the use of colored markers.
Highlighting of text can be done on the computer by bolding or using a
different shape and size of font.
4.
All documents shall be single-sided, double
spaced and the font size shall be no less than 12 points.
5.
Paper size shall not exceed 8 ½” x 11” and
shall be on good quality paper.
6.
Attachments smaller than 8 ½” x 11” paper
shall be attached to regular size paper by using scotch tape.
7.
All exhibits shall be identified and marked
on the bottom center of each exhibit. No
exhibit tabs shall be allowed.
8.
Pages must be consecutively numbered
beginning with page 2 and said number shall appear in the upper right hand
corner of the pleading.
9.
All copies attached to the pleadings must be
clear and legible.
Effective 7/26/04
RULE 205.2(b) -
FILING LEGAL PAPERS WITH THE PROTHONOTARY.
Pursuant to this rule, a Civil Cover
Sheet marked Form “A”, shall be attached to any document commencing an action
(whether the action is commenced by Complaint, Writ of Summons, Notice of
Appeal, or by Petition) in the Prothonotary's office.
A Motion Cover Sheet, marked Form
“B”, shall be attached to any motion or petition being filed.
Effective
7/26/04
Court
of Common Pleas of Carbon County
Civil Cover Sheet
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For Prothonotary
Use only (Docket Number)
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A. PLAINTIFF’S NAME:
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DEFENDANT’S NAME:
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PLANTIFF’S ADDRESS & TELEPHONE NUMBER:
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DEFENDANT’S ADDRESS AND TELEPHONE NUMBER:
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PLAINTIFF’S NAME:
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DEFENDANT’S NAME:
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PLANTIFF’S ADDRESS & TELEPHONE NUMBER:
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DEFENDANT’S ADDRESS & TELEPHONE NUMBER:
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TOTAL NUMBER OF PLAINTIFFS
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TOTAL NUMBER OF DEFENDANTS
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B. AMOUNT IN
CONTROVERSY
___ $25,000 or
less
___ More than
$25,000
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C. COMMENCEMENT OF
ACTION
___
1. Complaint
___
2. Writ of Summons
___ 3.
Notice of Appeal
___ 4.
Petition Action
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D. CASE
PROCESS
___ 5. Arbitration
___ 6. Jury
___ 7. Non Jury
___ 8. Class Action
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E. TRACK ASSIGNMENT REQUESTED (CHECK ONE) COURT HAS FINAL APPROVAL FOR ALL
TRACK ASSIGNMENTS
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_____ FAST
_____ STANDARD _____
COMPLEX If complex, state reasons:
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F.
CODE AND CASE TYPE (See
instructions)
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G. CODE AND CASE SPECIFIC (See instructions)
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H. STATUTORY BASIS FOR CAUSE OF ACTION (See instructions)
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I. RELATED PENDING CASES
(List by Docket Number – Indicate whether the related cases
have been consolidated)
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J. TO THE PROTHONOTARY:
Kindly
enter my appearance on behalf of Plaintiff/Petitioner/Appellant. Papers may
be served at the address set forth below.
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NAME OF PLAINTIFF’S/APPELLANT’S ATTORNEY
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ADDRESS
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PHONE
NUMBER
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SUPREME
COURT IDENTIFICATION NUMBER
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E-MAIL
ADDRESS:
_________________________________________________________________
FAX
NO. (OPTIONAL – FOR SERVICE):
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DATE:
_____________________________ SIGNATURE: _____________________________________________________
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Instructions for
Completing Civil Cover Sheet
The attorney (or pro se
party) filing a case shall complete the form as follows:
A.
Parties
i.
Plaintiff(s)/Defendant(s)
Enter names (last, first, middle initial) of plaintiff and
defendant. If the plaintiff or defendant is a government agency or corporation,
use the full name of the agency or corporation. In the event there are more
than two plaintiffs and/or two defendants, list the additional parties on a
separate sheet of paper. Husband and wife should be listed as separate parties.
ii.
Parties' Addresses and Telephone Numbers
Enter the address and telephone numbers of the parties at
the time of filing of the action. If any party is a corporation, enter the
address and telephone number of the registered office of the corporation.
iii.
Number of Plaintiffs/Defendants
Indicate the total number of plaintiffs and the total
number of defendants in the action.
B.
Amount in Controversy
Check the appropriate box. Indicate whether an Assessment
of Damages Hearing is required.
C.
Commencement of Action
Indicate type of document to be filed to initiate the
action.
D.
Other
Indicate whether the case is an arbitration, jury or
non-jury case. Check any other appropriate boxes. If the action will require
the entry of an Order approving a minor/incapacitated person's compromise,
wrongful death or survival action, check the appropriate box.
E.
Track Assignment – COURT HAS FINAL APPROVAL FOR ALL TRACK
ASSIGNMENTS
If you are requesting the Complex track, please indicate
the reasons for your request.
F.
Type of Action - Case Type
Select and insert the applicable case type and code from
the first two columns of the following list:
Code
Case Type Code Case Type Code Case Specific
Code Case
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@
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Asbestos Case
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9
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Mandamus
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001
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Assault/Battery
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037
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Motor.Veh. Accdt.<$25,000
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X
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Assessment Appeal
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#
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Miscellaneous
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018
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Class Action
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005
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M V Prop Damage
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A
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Civil Action
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F
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Mortgage Foreclosure
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015
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Consumer Credit
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009
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Negotiable Instrument
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C
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Custody
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$
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Municipal Appeal
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019
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Contract - Construction
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032
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Partition
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1
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Declaratory Judgment
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7
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Name Change
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011
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Contract - Sale of Goods
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002
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Premises Liability
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D
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Divorce
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Q
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Quiet Title
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012
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Contract - Other
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003
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Personal Injury
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B
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DJ Appeal
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R
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Replevin
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025
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Defamation
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027
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Product Liability
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W
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Ejectment
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!
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Tax Sale
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035
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Discrimination
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006
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Property Damage (non-veh)
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N
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Eminent Dom./Dec. of Tak.
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V
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Zoning Appeal
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030
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Employment/Wrongful Disc.
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010
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Recov. Overpaymt.
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2
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EminentDomain/Pet.Viewers
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016
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Fraud
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013
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Rent/Lease/Ejectment
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E
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Equity
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040
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Indirect Criminal Contempt
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039
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Right to Know
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L
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License Appeal
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008
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Insurance-Declar. Judgment
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024
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Stockholder Suit
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034
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Malicious Prosecution
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014
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Title to Real Property
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022
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Malpractice-PROF.
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004
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Torts to Land
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033
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Mechanic’s Lien
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023
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Toxic Tort-Pers. Injury
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042
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Medical Malpractice
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031
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Toxic Waste/Environ.
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007
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Motor Veh. Accdt.>$25,000
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021
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Wast/Contam/Env
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G. Case Specific
Insert applicable
case specific and code from the last two columns of the above list.
H. Statutory Basis for Cause of Action
If
the action is commenced pursuant to statutory authority ("Petition
Action"), the specific statute must be cited.
I. Related Pending Cases
All
previously filed related cases must be identified. Indicated whether they have
been consolidated by Court
Order or Stipulation.
J. Plaintiff's/Appellant's/Petitioner's
Attorney - Entry of Appearance
The
name of filing party's attorney must be inserted, together with the other
required information. Unrepresented
filers must provide their name, address, telephone number and signature. Providing the fax number
shall authorize the service of legal papers by facsimile transmission. See Pa.R.CP.440(d)
CARBON COUNTY COURT
OF COMMON PLEAS
CIVIL DIVISION
MOTION COVER SHEET
NO.
vs.
______
Assigned Judge
FILING
OF: ______ Court Action Taken
Movant (
) Respondent
( ) ______ Returned to Attorney for
Deficiencies
______
Action Deferred by Court
TYPE OF FILING (check one): For
Court Use Only
( ) 1.
Pretrial Discovery Motion (432)
( ) 2.
Motion for Discovery in Aid of Execution (480)
( ) 3.
Preliminary Objections to (576)
(
)
4. Motion for Summary Judgment (306)
( ) 5.
Motion for Judgment on Pleadings (294)
( ) 6.
Motion for Leave to Join Additional Defendant (403)
( ) 7.
Motion for TRO or Preliminary Injunction (438)
( ) 8.
Petition to Open or Strike Judgment (498)
( ) 9.
Motion for Alternative Service (409)
( )10. Motion for Leave to Amend (465)
( )11. Motion to Consolidate Actions (424)
( )12. Petition to Compromise Minor's Action
(435)
( )13. Motion for Leave to Withdraw (510)
( )14. Motion for Reconsideration (441)
( )15. Motion for Advancement on Trial List
(404)
( )16. Other Motion or Petition (specify):
OTHER
PARTIES:
Attorney's Name (Typed)
Attorney
for: __________
( )Movant ( )Respondent
N.B. The numbers after the Motion or Petition
above are docket codes used in the Court Computer System. Please be precise when checking your Motion
or Petition.
Effective 7/26/04
RULE 206.4 (c) - RULE TO SHOW CAUSE.
ALTERNATIVE PROCEDURES.
1. Carbon County adopts the procedure
under Pa.R.C.P.206.6.
2.
The issuance of a rule shall grant a stay of
proceedings pending further order of court.
The automatic stay shall be lifted upon motion with good cause shown.
3.
The order shall be pursuant to
Pa.R.C.P.206.6(c) except that it shall be modified by deleting paragraphs (4) and
(5) and substituting a new paragraph (4) which shall state: an evidentiary hearing on disputed issues of
material fact shall be held on ________________ day of _____________, 20__, at
_________ time, in Courtroom No. _______ of the Carbon County Courthouse. Paragraph number 6 shall be renumbered to
number 5.
Effective
7/26/04
RULE 208.2(c)- MOTION. FORM.
CONTENT.
Motions
shall include a brief statement identifying the applicable procedural rule,
statute, or other authority relied upon for the relief requested.
Effective
7/26/04
RULE 208.2(d)- MOTION. FORM.
CONTENT.
When
uncontested, motions shall include a certification stating that the motion is
uncontested.
Effective
7/26/04
RULE 208.2(e)- MOTION. FORM.
CONTENT.
Every
motion relating to discovery shall include a certificate signed by counsel for
the moving party that counsel has conferred or attempted to confer with all
interested parties to resolve the matter and are unable to resolve the dispute
without court action.
Effective
7/26/04
RULE 208.3(a)- ALTERNATIVE PROCEDURES.
(A) MOTIONS
(1)
Pa.R.C.P.208.4 shall govern motion procedure
in Carbon County.
(2)
All motions shall be in writing, except as
permitted by the court or when made in open court during a trial or hearing and
shall comply with Pa.R.C.P. 208.2.
(3)
A motion shall comply with the following
requirements:
(a)
A brief statement of applicable authority
pursuant to CARB.R.C.P.208(c);
(b)
If uncontested, a certification pursuant to
CARB.R.C.P.208.2(d);
(c)
In discovery motions, a certification that
counsel has conferred or attempted to confer with all interested parties to
resolve the matter without court action pursuant to CARB.R.C.P.208.2(e); and
(4)
The failure, in any motion, to state a type
of relief or a ground therefore shall constitute a waiver of such relief or
ground.
(5)
Any motion may request such alternative
relief as may be appropriate.
(B) FILING
(1)
All written motions and any written answers, and
any notices, or documents for which filing is required, shall be filed with the
Prothonotary.
(2)
Self-addressed, stamped envelopes for each
attorney and unrepresented party shall be provided with the filing of the
motion to the Prothonotary’s Office for service of the Order of Court.
(3)
Filing shall be by:
(a)
personal delivery to the prothonotary; or
(b)
mail addressed to the prothonotary. Except as provided by law, filing by mail
shall be timely only when actually received by the prothonotary within the time
fixed for filing.
(4)
The prothonotary shall accept all written
motions, answers, notices, or documents presented for filing. When a document, which is filed pursuant to
paragraph (A)(1), is received by the prothonotary, the prothonotary shall time
stamp it with the date of receipt and make a docket entry reflecting the date
of receipt, and promptly shall place the document in the case file.
(5)
If a pro se party submits a document to a
judge without filing it with the prothonotary, and the document requests some
form of cognizable legal relief, the judge promptly shall forward the document
to the prothonotary for filing and processing in accordance with this rule.
(C) SERVICE
(1)
All written motions and any written answers, and
notices or documents for which filing is required, shall be served upon each
party and the district court administrator concurrently with filing.
(2)
Service on the parties shall be by:
(a)
personal delivery of a copy to a party’s attorney,
or the party if unrepresented; or
(b)
personal delivery of a copy to the party’s attorney
employee at the attorney’s office; or
(c)
mailing a copy to a party’s attorney or leaving a
copy for the attorney at the attorney’s office; or
(d)
in those judicial districts that maintain in the
courthouse assigned boxes for counsel to receive service, when counsel has
agreed to receive service by this method, leaving a copy for the attorney in
the attorney’s box; or
(e)
sending a copy to an unrepresented party by
certified, registered, or first class mail addressed to the party’s residence,
business, or confinement; or
(f)
sending a copy by facsimile transmission or other
electronic means if the party’s attorney, or the party if unrepresented, has
agreed to this type of service or the attorney has provided a facsimile
signature on any pleading authorizing this method of service for the document;
or
(g)
delivery to the party’s attorney, or the party if
unrepresented, by carrier service.
(3)
Service on the district court administrator shall be
by:
(a)
mailing a copy to the district court administrator;
or
(b)
leaving a copy for the district court administrator
at the district court administrator’s office; or
(c)
delivery to the district court administrator by
carrier service.
Effective 7/26/04
RULE 210 - FORM OF BRIEFS
1.
Each brief shall contain:
(a)
A history of the case;
(b)
A statement of the pertinent facts;
(c)
A statement of the questions involved; and
(d)
The argument.
2.
The statement of questions involved shall be so drawn that the
Court may quickly determine all the legal questions requiring determination.
3.
The argument shall be divided into as many parts as there are
questions involved. Opinions of an
Appellate Court, of this or any other jurisdiction shall be cited from the
National Reporter's System and/or to the official reports of Pennsylvania
Appellate Courts, if published therein.
4.
Briefs shall refer specifically, by page number or other
appropriate means, to any portion of the record relied upon in support of the
argument.
5.
Copies of all Non-Pennsylvania State cases and Non-3rd
Circuit Federal cases shall be attached as Exhibits to said Brief.
6.
Counsel for the
moving party shall in all matters file an original and two (2) copies of a
brief in the Office of the Prothonotary and forthwith serve one (1) copy of a
brief upon each adverse party or counsel of record. Pa.R.C.P.440 governs service. Service shall be required on the District
Court Administrator.
7.
Each adverse party
or his counsel of record shall file in the Office of the Prothonotary an
original and two (2) copies of a brief in answer, not later than three (3)
weeks before the date of argument and forthwith serve a copy thereof upon all
opposing parties or their counsel of record.
Pa.R.C.P.440 governs service.
Service shall be required on the District Court Administrator.
8.
Except as provided
in (6), and (7) no untimely briefs shall be filed unless upon special allowance
or within such time as shall be set by the Court.
Effective 7/26/04
RULE 212.1-
CIVIL ACTIONS TO BE TRIED BY JURY.
NOTICE OF EARLIEST
TRIAL DATE. TIME
FOR COMPLETING DISCOVERY AND FILING
PRE-TRIAL STATEMENT.
Every party shall simultaneously
file and serve upon opposing counsel a Pre-Trial Statement on or before the
date established in the management review order or the order of court granting
a motion to extend milestones.
Any motion to extend milestones
shall be in compliance with CARB.R.C.P.208.2(d) and CARB.R.C.P.208.3(a). The proposed order shall list the current
milestones and the recommended milestones to be established.
Effective 7/26/04
RULE 212.3- PRE-TRIAL CONFERENCE
At
the Pre-Trial Conference, the parties or representatives of their insurance
carriers are expected to attend having realistic settlement authority.
Effective 7/26/04
RULE 430 - SERVICE PURSUANT TO SPECIAL
ORDER OF COURT. PUBLICATION.
The
Carbon County Law Journal shall be designated by the Carbon County Court of
Common Pleas to be the legal publication for service of process by publication.
Effective
7/26/04
RULE 1018.1 - NOTICE TO DEFEND. FORM
As required by Pa.R.C.P.1018.1(c), the
following shall be designated in the notice to defend as the person from whom
legal referral can be obtained:
District Court Administrator
Carbon County Courthouse
4 Broadway
P.O. Box 131
Jim Thorpe, PA 18229-0131
(570) 325-8556
Effective
7/26/04
RULE 1028(c) - PRELIMINARY OBJECTIONS
A.
Preliminary Objections pursuant to
Pa.R.C.P.1028(a)(1), (5), or (6):
1.
A proposed order shall be attached to all
preliminary objections.
2.
A notice to plead shall be attached to the
preliminary objections.
3.
If the parties agree to the relief sought,
the preliminary objections shall be accompanied by a stipulation signed by all
affected counsel or unrepresented parties.
4.
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.
5.
If an amended complaint is not filed within
twenty (20) days of service of the preliminary objections, the matter shall be
scheduled for hearing.
6.
The adverse party shall file a brief in
response to the preliminary objections within twenty (20) days of service. See CARB.R.C.P.210 for form, content of
brief, service and filing requirements.
7.
The Court shall dispose of the matter within
fifteen (15) days of argument.
B.
Preliminary Objections pursuant to
Pa.R.C.P.1028(a)(2), (3), or (4):
1.
A proposed order shall be attached to all
preliminary objections.
2.
If the parties agree to the relief sought, the
preliminary objections shall be accompanied by a stipulation signed by all
affected counsel or unrepresented parties.
3.
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.
4.
If an amended complaint is not filed within
twenty (20) days of service of the preliminary objections, the matter shall be
scheduled for argument.
5.
The adverse party shall file a brief in
response to the preliminary objections within twenty (20) days of service. See CARB.R.C.P.210 for form, content of
brief, service and filing requirements.
6.
The Court shall dispose of the matter within
fifteen (15) days of argument.
Effective
7/26/04
RULE 1034(a) - MOTION FOR JUDGMENT ON THE PLEADINGS.
1.
The moving party shall file the motion,
proposed order and a supporting brief simultaneously. 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 responsive brief within twenty (20) days
of service of the motion and provide service in accordance with number one
above. Failure to file a brief shall be
deemed to have no opposition to the motion.
3. Upon
service of the motion on the District Court Administrator, argument shall be
scheduled allowing for sufficient time to file the response briefs.
4. The
Court shall dispose of the matter within fifteen (15) days of argument.
Effective 7/26/04
RULE 1035.2(a) - MOTION
1.
The moving party shall file the motion for
summary judgment, proposed order and a supporting brief simultaneously. 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 responsive brief within thirty (30) days
of service of the motion and provide service in accordance with number one
above. Failure to file a brief shall be
deemed to have no opposition to the motion and the court shall grant the
motion.
3. Upon
service of the motion on the District Court Administrator, argument shall be
scheduled allowing for sufficient time to file the response briefs.
4. The
Court shall dispose of the matter within fifteen (15) days of argument.
Effective 7/26/04
RULE 1302 - LIST OF ARBITRATORS.
APPOINTMENT TO BOARD. OATH.
Any
attorney interested in serving on Arbitration cases shall complete and return
to the District Court Administrator a “Consent to Serve as Arbitrator” as
attached hereto.
This
information shall be entered into the Court database for maintenance and
selection of available arbitrators.
Effective
7/26/04
CONSENT TO SERVE AS ARBITRATOR
The
undersigned hereby consents to serve as an Arbitrator under the Pennsylvania
Rules of Compulsory Arbitration, and asks that his/her name remain on the
active roll of Arbitrators to continue to serve in such capacity when called
upon until further notice.
_______________________________________ _______________________________
SIGNATURE DATE
|
PLEASE TYPE OR PRINT CLEARLY:
NAME:
_________________________________________________________________________
Date Admitted to the Carbon County
Bar _____________ Email:
__________________________
FIRM:
__________________________________________________________________________
ADDRESS:
______________________________________________________________________
________________________________________________________________________________
MAILING ADDRESS: (if different than above) _________________________________________
________________________________________________________________________________
Telephone No. _____________________________ Fax No. ______________________________
Identification No.
________________________________________________________________
(This number appears on the lower left corner of card issued by the
State Court Administrator)
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I am associated in the Practice of Law with: (Please indicate associates Identification
No.)
___________________________________________________ #
_____________________
___________________________________________________ #
_____________________
___________________________________________________ #
_____________________
___________________________________________________ #
_____________________
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I am related to the following members of the Bar who are not associated
with me in the Practice of Law.
___________________________________________________ #
______________________
___________________________________________________ #
______________________
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NOTE: Any
change in your status of practicing with or being associated with any other
lawyer or lawyers shall immediately be reported to the District Court
Administrator.
RULE 1303 – HEARING. NOTICE.
Notice of the appointment of arbitrators and
the date, time and place of arbitration shall be pursuant to Pa.R.C.P.1303 and
served pursuant to Pa.R.C.P.440 by the Prothonotary’s Office. The Notice shall
include the following language: “The
matter will be heard by a board of arbitrators at the time, date, and place
specified but, if one or more of the parties is not present at the hearing, the
matter may be heard at the same time and date before a judge of the court
without the absent party or parties. There is no right to a trial de novo on
appeal from a decision entered by a judge.”
If a case is settled less than two (2) days
before the Arbitration hearing, one of the attorneys must appear before the
Board of Arbitrators and have an Award entered by agreement. If it is settled
more than two (2) days before the Arbitration hearing, Plaintiff’s attorney
must file a praecipe to strike the case from the arbitration list because the
case is settled and must notify the panel members.
Effective
7/26/04
RULE 1501 – CONFORMITY TO CIVIL ACTION.
When
a praecipe for a writ of summons, a complaint or a counterclaim is filed, the
Prothonotary shall index the action as a lis pendens against real property, if,
but only if, the party filing the praecipe, the complaint or the counterclaim,
or his attorney:
(1) files
a separate praecipe describing said real property by metes and bounds or a
sufficient description to identify it, and the volume and page in the Recorder
of Deeds Office of this county where a recorded description of said property
appears;
(2) directs
in said separate praecipe that the action shall be listed on a lis pendens
against said real property; and
(3) files
in said separate praecipe a certification that said action:
(A) is
a proceeding to revive and continue the lien of debts against a decedent's
property; or
(B) is
a proceeding conveying or vesting title to real property in this Commonwealth;
or
(C) is
a proceeding of which purchasers of the described real property should have
constructive notice; and
(4) files
with said separate praecipe, a written verified statement, as verified as
defined in Pa. R.C.P. 76, setting forth the basis and subject matter of the
cause of action and that said action affects the title to the real property so
described or of any interest in said real property.
Effective
7/26/04
RULE 1530 – SPECIAL RELIEF.
ACCOUNTING.
1. If an
auditor is appointed pursuant Pa.R.C.P.1530(d), the following procedures shall
govern:
(A) The
auditor shall give two weeks notice in writing to the parties or their
attorneys of record of the time and place fixed for hearing the matter.
(B) Testimony
taken by the auditor at the hearing shall be recorded stenographically. The notes of the testimony shall not be
transcribed unless exceptions are filed to the auditor's report.
(C) Within
forty-five (45) days after the conclusion of the hearing the auditor shall file
a written report which insofar as it is practicable shall contain (i) a history
of the proceedings before the auditor, (ii) findings of fact, numbered
consecutively, (iii) a concise discussion of the evidence presented and the
legal issues involved, (iv) conclusions of law, numbered consecutively, and (v)
a statement of the account.
(D) Upon
filing of the report the auditor shall serve a copy of the same on the parties
in accordance with Pa.R.C.P. 440.
(E) Exceptions
to the report of the auditor may be filed by any party within ten (10) days
after service of a copy of the report upon him.
If such exceptions are filed, the Court shall hear argument on the same
and shall enter such order or judgment as may be appropriate. If no timely exceptions are filed, the
account stated in the report of the auditor shall be final and judgment may be
entered thereon upon praecipe.
(F) The
Court shall determine the compensation and reimbursement for expenses to be
allowed the auditor and stenographer, and shall direct that such items be taxed
in whole or in part against the fund available for distribution or against any
party or parties to the action as may be just and equitable in the
circumstances. Upon the appointment of
an auditor the moving party shall promptly deposit with the Prothonotary such
sum as the court may direct for the compensation and expenses of the auditor
and stenographer, and the moving party shall deposit such additional sums for
such purpose as the Court may from time to time direct. Any sum so deposited which is not required
for such purposes shall be refunded to the moving party upon the entry of the
final order or decree.
Effective
7/26/04
RULE 1905 FORMS FOR USE IN PFA
ACTIONS. NOTICE AND HEARING.
PETITION. TEMPORARY PROTECTION ORDER. FINAL
PROTECTION ORDER.
The
forms attached hereto shall be used to commence or amend an action pursuant to
Pa.R.C.P.1901.3(a).
Effective
7/26/04
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:
(Plaintiff) :
:
vs. : No._____________________
:
:
:
(Defendant)
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following papers, you must appear at the hearing scheduled herein.
If you fail to do so, the case may proceed against you and a FINAL order may be
entered against you granting the relief requested in the Petition. In particular, you may be evicted from your
residence and lose other important rights.
Any protection order granted by a court may be considered in subsequent
proceedings under Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, including child custody proceedings under Chapter 53
(relating to custody).
A
hearing on the matter is scheduled for the day of , 20_____
,at . M., in Courtroom at Carbon County
Courthouse, Jim Thorpe, Pennsylvania.
You MUST obey the Order that is attached until it is modified or
terminated by the Court after notice and hearing. If you disobey this Order,
the police may arrest you. Violation of this Order may subject you to a charge
of indirect criminal contempt, which is punishable by a fine of up to $1,000.00
and/or up to six months in jail under 23 Pa.C.S. § 6114. Violation may also
subject you to prosecution and criminal penalties under the Pennsylvania Crimes
Code. Under federal law, 18 U.S.C. § 2265, this Order is enforceable anywhere
in the United States, tribal lands, U.S. Territories and the Commonwealth of
Puerto Rico. If you travel outside of the state and intentionally violate this
Order, you may be subject to federal criminal proceedings under the Violence
Against Women Act, 18 U.S.C. §§ 2261-2262.
YOU SHOULD TAKE
THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER
REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR
YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS
OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FREE OR NO FEE. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO
PROCEED WITHOUT ONE.
COUNTY LAWYER REFERRAL SERVICE
NORTH PENN LEGAL SERVICES
122-124 IRON STREET
LEHIGHTON, PA 18235
(610) 377-5400
www.northpennlegal.org
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:
(Plaintiff) :
:
vs. : No.
______________________
:
:
(Defendant)
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name:________________________________________________________________________
Defendant's Date of
Birth:____________________________________________________________________
Defendant's Social Security
Number:____________________________________________________________
Name of All Protected Persons,
including Plaintiff and minor child/ren:________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
AND NOW, this___________ day of
____________________, 20_____, upon consideration of the attached
Petition for Protection from Abuse, the court hereby enters the following
Temporary Order:
( ) 1. Defendant shall not abuse, harass,
stalk or threaten any of the above persons in any place where they might be
found.
( ) 2. Defendant is evicted and excluded
from the residence at ______________________________________
____________________________________________________________________________________
(NONCONFIDENTIAL
ADDRESS FROM WHICH DEFENDANT IS EXCLUDED)
or any other permanent or temporary
residence where Plaintiff or any other person protected under this Order may
live. Plaintiff is granted exclusive
possession of the residence. Defendant shall have no right or privilege to enter
or be present on the premises of Plaintiff or any other person protected under
this Order.
( ) 3. Except as
provided in Paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with
Plaintiff, or any other person protected under this Order, at any location,
including but not limited to any contact at Plaintiff's school, business, or
place of employment. Defendant is
specifically ordered to stay away from the following locations for the duration
of this Order:
____________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
( ) 4. Except
for such contact with the minor child/ren as may be permitted under Paragraph 5
of this Order, Defendant shall not contact Plaintiff, or any other person
protected under this Order, by telephone or by any other means, including
through third persons.
(
) 5. Pending the outcome of the final hearing in this matter, Plaintiff
is awarded temporary custody of the following minor child/ren:
_____________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Until the final hearing, all contact between
Defendant and the child/ren shall be limited to the following:
__________________________________________________________________________________
The local law enforcement agency in the
jurisdiction where the child/ren are located shall ensure that the child/ren
are placed in the care and control of the Plaintiff in accordance with the
terms of this Order.
( ) 6. Defendant
shall immediately relinquish the following weapons to the Sheriff's Office or a
designated local law enforcement agency for delivery to the Sheriff’s
Office.
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Defendant
is prohibited from possessing, transferring or acquiring any other weapons for
the duration of this order.
( ) 7. The following additional relief is
granted: _________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
( ) 8. A certified copy of this Order shall
be provided to the police department where Plaintiff resides and any other
agency specified hereafter [insert name of agency]:
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
( ) 9. THIS ORDER SUPERSEDES
( ) ANY PRIOR PFA ORDER
AND
(
) ANY PRIOR ORDER RELATING TO
CHILD CUSTODY.
10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT
AND SHALL REMAIN IN EFFECT UNTIL
_____________________________________________________
OR UNTIL OTHERWISE MODIFIED OR
TERMINATED BY THIS COURT
AFTER NOTICE AND HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that
violation of this Order may result in arrest for indirect criminal contempt,
which is punishable by a fine of up to $1,000.00 and/or up to six months in
jail. 23 Pa.C.S. § 6114. Consent of the
Plaintiff to Defendant's return to the residence shall not invalidate this
Order, which can only be changed or modified through the filing of appropriate
court papers for that purpose. 23 Pa.C.S. § 6113. Defendant is further notified that violation
of this Order may subject him/her to state charges and penalties under the
Pennsylvania Crimes Code and to federal charges and penalties under the
Violence Against Women Act, 18 U.S.C. §§ 2261-2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be
enforced by the police who have jurisdiction over the plaintiff's residence OR
any location where a violation of this order occurs OR where the defendant may
be located. If defendant violates Paragraphs 1 through 6 of this Order,
defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be
made without warrant, based solely on probable cause, whether or not the
violation is committed in the presence of law enforcement.
Subsequent to an
arrest, the law enforcement officer shall seize all weapons used or threatened
to be used during the violation of this Order OR during prior incidents of
abuse. Weapons must forthwith be
delivered to the Sheriff's office of the county which issued this Order, which
office shall maintain possession of the weapons until further Order of this
court, unless the weapon/s are evidence of a crime, in which case, they shall
remain with the law enforcement agency whose officer made the arrest.
BY
THE COURT:
By:_______________________________________
Judge
_______________________________________
Date
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:
(Plaintiff) :
:
vs. :
No. __________________
:
_______________________ :
(Defendant)
PETITION FOR
PROTECTION FROM ABUSE
1. Plaintiff's name is:
_____________________________________________________________________________
2. I
am filing this Petition on behalf of:
( ) Myself and/or (
) Another Person
If you checked
"myself", please answer all questions referring to yourself as
"Plaintiff".
If
you checked "another person", please answer all questions referring
to that person as the
“Plaintiff",
and provide your address here, unless confidential: ___________________________________
_________________________________________________________________________________
If
you checked "Another Person", indicate your relationship with
Plaintiff:
(
) parent of minor Plaintiff(s) ( ) applicant for appointment as guardian
ad litem of minor Plaintiff(s)
(
) adult household member with ( ) court appointed guardian of
minor
Plaintiff(s) incompetent
Plaintiff(s)
3. Name(s) of ALL person(s), including Plaintiff
and minor children, who seek protection from abuse:
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
4. (
) Plaintiff's address is confidential
or
(
) Plaintiff's address is:
_______________________________________________________________________
________________________________________________________________________________________
5.
Defendant is believed to live at the following address:
__________________________________________________________________________________________
Defendant's Social Security Number (if
known) is: ____________________________________________________
Defendant's date of birth is:
______________________________________________________________________
Defendant's place of employment
is:________________________________________________________________
[ ] Check here if Defendant is 17
years old or younger.
6. Indicate the relationship between
Plaintiff and Defendant.
(
) Spouse ( ) Current or former ( )
Other relationship
sexual/intimate partner by blood or marriage:
_________________________
( ) Ex-spouse ( )
Parent/Child _________________________
( ) Persons who live ( ) Parents of
the same ( ) Brother/Sister
or have lived like children
spouses
7. Have Plaintiff and Defendant been involved
in any of the following Court actions?
( )
Divorce ( ) Custody ( ) Support ( ) Protection from Abuse
If you checked any of the above,
briefly indicate when and where the case was filed and the court number, if
known:
____________________________________________________________________________________________
8. Has the
Defendant been involved in any criminal court action?
__________________________________________
If you answered yes, is the Defendant
currently on probation?
__________________________________________
9. Plaintiff and Defendant are the parents of
the following minor child/ren:
Name(s) Age(s) who reside at (list address unless
confidential):
_______________________ _________ ____________________________________________
_______________________ _________ ____________________________________________
_______________________ _________ ____________________________________________
_______________________ _________ ____________________________________________
10. If Plaintiff and Defendant are parents of
any minor child/ren together, is there an existing court Order regarding
their
custody?
_________________________________________________________________________
If
you answered yes, describe the terms of the Order (e.g., primary, shared, legal
and/or physical custody):
_____________________________________________________________________________________
_____________________________________________________________________________________
If you answered Yes, in what county
and state was the order issued?
_____________________________________________________________________________________
If you are now seeking an Order of child
custody as part of this petition, list the following information:
(a)
Where has each child resided during the past five years?
Child's Name Person(s) child lives with Address, unless confidential
When
_________________ ________________________ ________________________ ___________
_________________ ________________________ ________________________ ___________
_________________ ________________________ ________________________ ___________
_________________ ________________________ ________________________ ___________
(b)
List any other persons who are known to have or claim a right to custody of
each child listed above:
Name Address Basis
of Claim
_______________________ _____________________________ ________________________
_______________________ _____________________________ ________________________
_______________________ _____________________________ ________________________
_______________________ _____________________________ ________________________
11. The following other minor child/ren
presently live with Plaintiff:
Name(s) Age(s) Plaintiff's relationship to
child/ren
______________________ _________ ___________________________________________________
______________________ _________ ___________________________________________________
______________________ _________ ___________________________________________________
______________________ _________ ___________________________________________________
12. The facts of the most recent incident of
abuse are as follows:
Approximate
Date: ____________________ Place: _____________________________________________
Approximate
Time: ____________________
Describe
in detail what happened, including any physical or sexual abuse, threats,
injury, incidents of stalking, medical treatment sought, and/or calls to law
enforcement (attach additional sheets of paper if necessary):
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
13. If the Defendant has committed prior acts
of abuse against Plaintiff or the minor child/ren, describe these prior
incidents, including any threats, injuries, or incidents of stalking, and
indicate approximately when such acts of abuse occurred (attach additional
sheets of paper if necessary):
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
14.
List the weapon(s) that Defendant has used or threatened to use against
Plaintiff or the minor child/ren:
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
15. Identify the police department or law
enforcement agency in the area in which Plaintiff lives that should be provided
with a copy of the protection order:
___________________________________________________________________________________________
___________________________________________________________________________________________
16. There is an immediate and present danger
of further abuse from the Defendant.
CHECK THE FOLLOWING BOXES ONLY IF
THEY APPLY TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION
( ) Plaintiff is asking the Court to
evict and exclude the Defendant from the following residence:
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
( ) owned by (list owners, if known):
__________________________________________________________
_________________________________________________________________________________________
( ) rented by (list all names, if
known):
_______________________________________________________
( ) Defendant owes a duty of support to
Plaintiff and/or the minor child/ren.
( ) Plaintiff has suffered out-of-pocket
financial losses as a result of the abuse described above. Those losses are
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
FOR THE REASONS SET FORTH ABOVE, I REQUEST
THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT
WOULD DO THE FOLLOWING (CHECK ALL FORMS OF RELIEF REQUESTED):
( ) A. Restrain
Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or
minor
child/ren in any place where Plaintiff may be found.
( ) B. Evict/exclude
Defendant from Plaintiff's residence and prohibit Defendant from
attempting
to enter any temporary or permanent residence of the Plaintiff.
( ) C. Require
Defendant to provide Plaintiff and/or minor child/ren with other suitable
housing.
( ) D. Award
Plaintiff temporary custody of the minor child/ren and place the following
restrictions
on contact between Defendant and child/ren:
___________________________________________________________________
___________________________________________________________________
( ) E. Prohibit
Defendant from having any contact with Plaintiff and/or minor child/ren,
either
in person, by telephone, or in writing, personally or through third persons,
including
but not limited to any contact at Plaintiff's school, business, or place of
employment,
except as the court may find necessary with respect to partial custody
and/or
visitation with the minor child/ren.
( ) F. Prohibit
Defendant from having any contact with Plaintiff's relatives and Plaintiff's
children
listed in this Petition, except as the court may find necessary with respect
to
partial custody and/or visitation with the minor child/ren.
( ) G. Order
Defendant to temporarily turn over weapons to the Sheriff of this County and
prohibit
Defendant from transferring, acquiring or possessing any such weapons for
the
duration of the Order.
(
) H. Order Defendant to pay temporary support for Plaintiff
and/or the minor child/ren,
including
medical support and [ ] payment of
the rent or mortgage on the residence.
( ) I. Direct
Defendant to pay Plaintiff for the reasonable financial losses suffered as the
result
of the abuse, to be determined at the hearing.
( ) J. Order
Defendant to pay the costs of this action, including filing and service fees.
( ) K. Order
Defendant to pay Plaintiff's reasonable attorney's fees.
( ) L. Order
the following additional relief, not listed above: _______________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
( ) M. Grant
such other relief as the court deems appropriate.
( ) N. Order
the police or other law enforcement agency to serve the Defendant with a
copy
of this Petition, any Order issued, and the Order for Hearing. The petitioner
will
inform the designated authority of any addresses, other than Defendant's
residence, where
Defendant can be served.
VERIFICATION
I verify that I am the petitioner as designated in the present action
and that the facts and statements contained in the above Petition are true and
correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18
Pa.C.S. § 4904, relating to unsworn falsification to authorities.
____________________________________
SIGNATURE
____________________________________
DATE
PSP
Data Sheet Information
Defendant Information:
____________________________________________________________________
First Middle Last Suffix
(Jr, Sr,)
Defendant’s Alias:
_______________________________________________________________________
Defendant’s Sex: Male / Female Home Phone: ______________________________
Defendant’s Race: Caucasian / African
American / Hispanic / Latino /
Asian American
/ Pacific Islander / Other __________________________
Defendant’s Date of Birth:
__________ _________ __________ Age: ___________________
Month Day Year (20___)
Defendant’s Address (if known):
____________________________________________________________
City/State/Zip____________________________________________________________________________
Defendant’s State of Birth:
_________________________________________________________________
Defendant’s Skin Tone: Fair / Light / Medium / Dark / Other
_________________________________
Defendant’s
Height (approx.): ______________ Defendant’s
Weight (in pounds):___________________
Defendant’s
Eye Color: ___________________ Defendant’s
Hair Color: _________________________
Defendant’s
Scars, Marks, Tattoos:
__________________________________________________________
Defendant’s
Social Security Number:_________________________________________________________
FBI
Number:
___________________________________________________________________________
Defendant’s
Miscellaneous Number:_________________________________________________________
Defendant Spends
Time (Bars, Friends, etc.):
__________________________________________________
Defendant’s
Operator’s License Number:
_____________________________________________________
Defendant’s
Operator’s License State: __________
Operator’s License Year: ________________________
Defendant’s
Vehicle Registration Number:
____________________________________________________
Defendant’s
Vehicle Registration State:
______________________________________________________
Defendant’s
Vehicle Registration Year: ______________________________________________________
Defendant’s
Vehicle Registration Type:
______________________________________________________
Defendant’s Vehicle Identification Number:
___________________________________________________
Defendant’s
Vehicle Year: _______________________________________________________________
Vehicle
Model: ________________________________________________________________________
Defendant’s
Vehicle Style: ________________________________________________________________
First
Color of Vehicle: ___________________________________________________________________
Second
Color of Vehicle:
_________________________________________________________________
Miscellaneous
Information (vehicle):
_________________________________________________________
____________________________________________________________________________________
Defendant’s
Place of Employment: _________________________________________________________
Employer’s Address:
___________________________________________________________________
City
/ State / Zip Code
Employer’s Telephone Number:
________________________ Shift worked_________________________
Does Defendant have access to any
weapons? Yes / No
Is this an
eviction? Yes /
No Hearing Date: _______________________
Plaintiff Information:
____________________________________________________________________________________
First Middle Last
Suffix (Jr, Sr, etc.)
Sex: Male / Female Race: Caucasian
/ African American / Hispanic / Latino /
Asian American / Pacific Islander / Other
_____________________
Date of Birth: _____/_____/_______
Plaintiff
Telephone Number: _____________________________________________________________
____ Address is confidential
Address is: __________________________________________________________________________
City
/State /Zip Code
Attorney Name: _____________________________________
Phone No.: _____________________
Other Protected Person(s):
1.
_________________________________________________________________________________
First Middle Last Suffix (Jr, Sr, etc.)
Sex:
Male / Female Race: Caucasian / African American / Hispanic /
Latino /
Asian American / Pacific Islander / Other ____________________
Date
of Birth: _____/______/________
Telephone
Number: ____________________________________________________________________
_________Same Address of Person Above
Address:
____________________________________________________________________________
City / State / Zip Code
2.
__________________________________________________________________________________
First Middle Last Suffix (Jr, Sr, etc.)
Sex: Male / Female Race: Caucasian / African American / Hispanic /
Latino /
Asian American / Pacific Islander /
Other ______________________
Date of Birth: _____/______/_________
Telephone Number:
____________________________________________________________________
____Address is same as the Person above.
Address:
____________________________________________________________________________
City / State / Zip Code
IN THE COURT OF COMMON PLEAS OF CARBON
COUNTY, PENNSYLVANIA
CIVIL DIVISION
PLAINTIFF NAME: ________________________________
ADDRESS: ________________________________
TELEPHONE NO. ________________________________
DATE OF BIRTH: ________________________________
VS. NO: ___________________
DEFENDANT’S NAME: ____________________________
ADDRESS: _______________________________
TELEPHONE NO. _______________________________
DATE OF BIRTH: _______________________________
PROTECTION FROM ABUSE
I
understand if I fail to attend the final hearing, the PFA order will be
dismissed and I will be required to pay the filing and service fees of
approximately $170.00.
It is understood the costs of this proceeding will be addressed by the
Judge at the time of the final hearing.
I
further understand, in the event of my relocation, I am required to notify the
Prothonotary's Office of such change in address.
DATE: ____________________________
___________________________________
Plaintiff
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:
(Plaintiff) :
:
vs. : No.
__________________
:
____________________________ :
(Defendant)
FINAL ORDER OF COURT
Defendant’s Name:
_____________________________________________________________________
Defendant’s Date of Birth:
_________________________________________________________________
Defendant’s Social Security Number:
_________________________________________________________
Names and Dates of Birth of All Protected
Persons, including Plaintiff and minor children:
Names Dates
of Birth
__________________________________ __________________________________
__________________________________ __________________________________
__________________________________ __________________________________
CHECK ALL THAT APPLY:
Plaintiff or Protected Person(s) is/are:
[ ] spouse or former spouse of Defendant
[ ] parent of a common child with Defendant
[ ] current or former sexual or intimate partner
with Defendant
[ ] child of Plaintiff
[ ] child of Defendant
[ ] family member related by blood
(consanguinity) to Defendant
[ ] sibling (person who shares biological
parenthood) of Defendant
[ ] current or former cohabitant (person who
lives with) Defendant
Defendant was served in accordance with
Pa.R.C.P 1930.4 and provided notice of the time, date and location of the
hearing scheduled in this matter.
AND NOW, this _______________ day of
_______________, 20___, the court having jurisdiction over the parties and
subject-matter, it is ORDERED, ADJUDGED AND DECREED as follows:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
[ ] Plaintiff’s request for a final protection
order is denied.
OR
[ ] Plaintiff’s request for final protection
order is granted.
[ ]
1. Defendant shall not abuse,
stalk, harass, threaten or attempt to use physical force that would
reasonably
be expected to cause bodily injury to the Plaintiff or any other protected
person in any place where they might be found.
[ ] 2. Defendant
is completely evicted and excluded from the residence at (NONCONFIDENTIAL
ADDRESS
FROM WHICH DEFENDANT IS EXCLUDED) or any other residence where Plaintiff or any
other person protected under this Order may live. Exclusive possession of the residence is
granted to Plaintiff. Defendant shall
have no right or privilege to enter or be present on the premises of Plaintiff
or any other person protected under this Order.
[ ]
On __________________________, 20____, at _________________a.m./p.m.,
Defendant
may enter the residence to retrieve his/her clothing and other personal
effects, provided that Defendant is in the company of a law enforcement officer
when such retrieval is made and __________________________________________________________________.
[ ]
3. Except as provided in
Paragraph 5 of this Order, Defendant is prohibited from having ANY
CONTACT
with the Plaintiff, or any other person protected under this Order, at any
location, including but not limited to any contact at the Plaintiff’s school,
business, or place of employment.
Defendant is specifically ordered to stay away from the following
locations for the duration of this Order: _____________________________________________________
___________________________________________________________________________
___________________________________________________________________________.
[ ] 4. Except
as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff,
or
any
other person protected under this Order, by telephone or by any other means,
including through third persons.
[ ] 5. Custody
of the minor children, ________________________________________________
___________________________________________________________________
shall be as follows: (state to whom primary physical custody awarded; state
terms of partial custody or visitation, if
any.)__________________________________________________________
________________________________________________________________________
_________________________________________________________________________.
[ ] 6. Defendant
shall immediately turn over to the Sheriff’s Office, or to a local law
enforcement
agency
for delivery to the Sheriff’s Office, the following weapons used or threatened
to be used by Defendant in an act of abuse against Plaintiff and/or the minor
child/ren: ________
_________________________________________________________________________
_________________________________________________________________________.
[ ] 7. Defendant
is prohibited from possessing, transferring or acquiring any other weapons for
the
duration
of this Order. Any weapons delivered to
the sheriff under Paragraph 6 of this Order
or
under Paragraph 6 of the Temporary Order shall not be returned until further
order of court.
[ ] 8. The
following additional relief is granted as authorized by § 6108 of the Act:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________.
[ ]
9. Defendant is directed to
pay temporary support for: (insert the names of the persons for whom
support
is to be paid)__________________________________________________________
as
follows: (insert amount, frequency and other terms and conditions of the
support order)
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________.
This
order for support shall remain in effect until a final order is entered by this
Court. However, this order shall lapse
automatically if the Plaintiff does not file a complaint for support with the
Domestic Relations Section of the court within two weeks of the date of this
order. The amount of this temporary
order does not necessarily reflect the Defendant’s correct support obligation,
which shall be determined in accordance with the guidelines at the support
hearing. Any adjustments in the final
amount of support shall be credited, retroactive to this date, to the
appropriate party.
[ ] 10. The
costs of this action are waived as to the Plaintiff and imposed on Defendant.
[ ]
11. Defendant shall pay $
_______________________ to Plaintiff as compensation for plaintiff’s
out-of-pocket
losses, which are as follows:
OR
[ ] Plaintiff
is granted leave to present a petition, with appropriate notice to Defendant,
to
____________________________________________________________
[insert the name of the Judge or Court to which the petition should be
presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit
itemizing all claimed out-of-pocket losses, copies of all bills and estimates
of repair, and an order scheduling a hearing.
No fee shall be required by the Prothonotary’s Office for the filing of
this petition.
[ ] 12. THIS
ORDER SUPERCEDES [ ] ANY PRIOR PFA
ORDER AND
[ ] ANY PRIOR ORDER RELATING TO CHILD
CUSTODY.
13. All
provisions of this order shall expire in eighteen months, on ________________,
20_____.
NOTICE TO DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR
ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A
FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. § 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION
AND CRIMINAL PENALITIES UNDER THE PENNSYLVANIA CRIMES CODE.
THIS
ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL
LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE
AGAINST WOMEN ACT, 18 U.S.C. § 2265. IF
YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY
BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT, 18 U.S.C. §§
2261-2262. IF YOU POSSESS A FIREARM OR
ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL
OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM
POSSESSING FIREARMS OR AMMUNITION. 18
U.S.C § 922(g)(8).
NOTICE TO LAW ENFORCEMENT OFFICIALS
The
police who have jurisdiction over the plaintiff’s residence OR any location
where a violation of this order occurs OR where the defendant may be located,
shall enforce this order. An arrest for
violation of Paragraphs 1 through 7 of this order may be without warrant, based
solely on probable cause, whether or not the violation is committed in the
presence of the police. 23 Pa.C.S. §
6113.
Subsequent
to an arrest, the police officer shall seize all weapons used or threatened to
be used during the violation of the protection order or during prior incidents
of abuse. The [insert appropriate name
or title] ______________________________________ shall maintain possession of
the weapons until further order of this Court.
When
the defendant is placed under arrest for violation of the order, the defendant
shall be taken to the appropriate authority or authorities before whom
defendant is to be arraigned. A
“Complaint for Indirect Criminal Contempt” shall then be completed and signed
by the police officer OR the plaintiff.
Plaintiff’s presence and signature are not required to file this
complaint.
If
sufficient grounds for violation of this order are alleged, the defendant shall
be arraigned, bond set and both parties given notice of the date of hearing.
BY
THE COURT:
_________________________________________
Judge
_________________________________________
Date
IN THE COURT OF COMMON PLEAS OF
CARBON COUNTY, PENNSYLVANIA
CIVIL
ACTION - LAW
_________________________________________ :
Plaintiff
:
AND/OR
(please circle one, if applicable) ON BEHALF OF :
:
_________________________________________ : NO.
:
vs. :
:
_________________________________________ :
Defendant
PETITION
TO AMEND PROTECTION FROM ABUSE ORDER
AND
NOW COMES, Petitioner, ___________________________________________________,
Plaintiff in the above referenced matter and respectfully offers the following:
- The Petitioner mostly has a Protection from Abuse
order, issued against the above-noted defendant on
___________________________________________, entered under the above
referenced docket number.
- A copy of the existing Protection from Abuse order is
attached hereto.
- Petitioner seeks to modify his/her Protection from
Abuse order in the following manner:
_________________________________________________________________________________________________
_________________________________________________________________________________________________
- Petitioner alleges that the following act(s) merit the
Court’s modification/withdrawal of the existing Protection from Abuse
order:
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
Wherefore,
the Petitioner respectfully requests the Court to set a date for the hearing on
the merits of the instant petition.
Respectfully
submitted,
____________________________________ _______________________________________________________
Dated Plaintiff’s
Signature
ORDER
OF HEARING
The Plaintiff(s) and Defendant(s)
is/are ordered to attend a hearing on the Petition to amend the Protection from
Abuse Order scheduled below:
____________________,
______, 20_____ at ______________ AM/PM, in Courtroom #____, Carbon County
Courthouse.
Month Day Year
Time
Dated _________________________ BY
THE COURT
___________________________________________________
J.
Effective
7/26/04
RULE 1901.5 -
ENFORCEMENT.
If an emergency order of a District
Justice or a temporary or final order of a Judge is violated, it shall be
presumed that the Court of Common Pleas is unavailable and the arresting police
officer shall take the defendant before a District Justice in the magisterial
district in which the abuse for which relief is requested occurred.
Effective
7/26/04
RULE 1915.3 – COMMENCEMENT OF ACTION. COMPLAINT. ORDER.
The person
to be named in the notice shall be pursuant to CARB.R.C.P.1018.1.
A proposed
order substantially in the same form as Form “A” following this rule shall be
attached to the complaint or petition.
Effective 7/26/04
“FORM A”
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION – LAW
, :
Plaintiff :
:
vs. : NO.
:
, :
Defendant :
- Counsel
for Plaintiff
- Counsel
for Defendant
ORDER OF COURT
AND
NOW this day of , 20 ,
it is hereby
ORDERED
and DECREED as follows:
1. This
Order of Court shall govern the custodial situation of the following children:
2. In
accordance with the statutory laws of this Commonwealth, each party shall be
provided
all access to the medical, dental, religious and school records of the
child(ren) involved. Absent an
emergency situation, each party shall be informed in regard to the medical and
dental needs of the
child(ren) involved.
3. Jurisdiction
of the child(ren) and this matter shall remain with the Court of Common Pleas
of Carbon County, Pennsylvania, unless or until jurisdiction would change under
the Uniform Child
Custody Jurisdiction Act.
4. The
welfare of the child(ren) shall be the primary consideration of the parties in
any application
of the terms of this Agreement. The parties
shall exert every reasonable effort to foster a feeling of
affection between the child(ren) of the other
party. Neither party shall do anything to estrange the child(ren)
from
the other party, to injure the opinion of the child(ren) as to the other party,
or to hamper the free
and natural development of the child(ren)’s
love and respect of the other party.
5. Primary
Physical custody of the child(ren) shall be as follows:
6. The
Plaintiff/Defendant, Father/Mother, shall have partial physical custody and
visitation rights in accordance with the following schedule:
(a)
During the week:
(b)
Weekends: ;
(c)
Major Holidays: ;
(d)
Minor Holidays: ;
(e)
Mother’s Day and Mother’s Birthday shall be
with the Mother; Father’s Day and Father’s
Birthday shall be with the Father.
(f)
Child(ren)’s Birthday(s): ;
(g)
Vacation/Summers: ;
(h)
Other times: .
7. All
other periods of partial custody by either party shall be by mutual agreement
of both
parties after reasonable request, and such agreement shall not be unreasonably
withheld.
8. Each
party agrees to keep the other advised of their current residential address and
telephone number. Each party shall be entitled to speak to the child(ren) by
telephone at reasonable times
and intervals when the child(ren) is/are in the custody of the other party.
9. Each
party agrees to give to the other a general itinerary of all vacations they
plan to take
with the child(ren).
10. Each
party shall endeavor to give at least twenty-four (24) hours prior notice to
the other
in the event that it will not be possible to exercise any of the rights herein
identified.
The attached "Appendix to Order" is
incorporated herein and shall be part of this Order.
BY
THE COURT:
J.
APPENDIX TO ORDER
Certain
rules of conduct generally applicable to custody matters are set forth below and
are binding on both parties, the breach of which could become the subject of
contempt proceedings before this Court, or could constitute grounds for
amendment of our order. If these general rules conflict with the specific
requirements of our order, the order shall prevail.
1.
Neither
party will undertake nor permit in his or her presence the poisoning of the
minor child's mind against the other party by conversation which explicitly or
inferentially derides, ridicules, condemns, or in any manner derogates the
other party.
2.
The
parties shall not conduct arguments or heated conversations when they are
together in the presence of their child(ren).
3.
Neither
party will question the child(ren) as to the personal lives of the other parent
except insofar as necessary to insure the personal safety of the child(ren). By
this we mean that the child(ren) will not be used as a spy on the other party.
It is harmful to a child to be put in the role of "spy".
4.
Neither
party will make extravagant promises to the minor child(ren) for the purposes
of ingratiating himself or herself to the minor child(ren) at the expense of
the other party; further, any reasonable promise to the child(ren) should be
made with the full expectation of carrying it out.
5.
The
parties should at all times consider the child(ren)'s best interests, and act
accordingly. It is in a child(ren)'s best interests to understand that he or
she is trying desperately to cope with the fact of his parents' separation, and
needs help in loving both parents, rather than interference of censure.
6.
The parties should remember that they cannot
teach their child(ren) moral conduct by indulging in improper conduct
themselves. Children are quick to recognize hypocrisy, and the parent who
maintains a double standard will lose the respect of his or her child(ren).
7.
Weekend and evening
visitation shall be subject to the following rules:
A. Arrangements will be worked out beforehand
between the parties without forcing
the child(ren) to make choices and run the risk of parental displeasure.
However,
the child shall be consulted as to his or her schedule.
B. Visitation rights should be exercised at
reasonable hours and under circumstances
reasonably acceptable to the other party and to the needs and desires of the
minor
child(ren).
C. If a party finds him or herself unable
to keep an appointment, he or she should
give immediate notice to the other party, so as to avoid subjecting the
child(ren) to
unnecessary apprehension and failure of expectations.
D. The party having custody of the
child(ren) should prepare him or her both
physically and mentally for the visitation with the other party and have him or
her
available at the time and place mutually agreed upon.
E. If either party or the child(ren) has
plans which conflict with a scheduled visit and
wish to adjust such visitation, the parties should make arrangements for an
adjustment acceptable to the schedules of everyone involved. Predetermined
schedules are not written in stone, and both parties should be flexible for the
sake
of the child(ren).
F. If a party shows up for a visit under
the influence of alcohol or drugs, the visit may
be considered forfeited on those grounds alone.
8.
During the time that the child(ren)
is/are living with a party, that party has the responsibility of imposing and
enforcing the rules for day-to-day living. However, unless otherwise ordered,
both parents should consult with one another on the major decisions affecting
the child(ren)'s life, such as education, religious training, medical
treatment, and so forth.
Effective 7/26/04
RULE
1915.4 - PROMPT DISPOSITION OF CUSTODY CASES.
1
Upon the filing of any claim or modification
petition for custody, partial custody or
visitation, the moving party shall deposit with the Prothonotary the sum of
$150.00 unless
excused by the Court. If the Hearing Officer determines at the pre-hearing
conference
that the custody issues are complex and that additional sums should be
deposited to cover
the payment of the Hearing Officer's fees, the Hearing Officer shall prepare an
order for
the Court directing the deposit of additional sums of money and allocating who
shall be
responsible for deposit of additional funds.
2
A pre-hearing conference shall be scheduled
before a hearing officer no sooner than thirty
(30) days but no longer than forty-five (45) days after the filing of the
complaint or
petition to modify. This conference will focus on issues of fact and law and to
explore the
possibility of a negotiated settlement.
3 If the parties agree on a custodial
arrangement, a consent order shall be entered pursuant
to CARB.R.C.P. 1915.7.
4 If the parties are unable to agree, the
Hearing Officer shall prepare and forward to the
Court within 10 days a recommended Interim Custody Order established in the
best
interest of the child(ren), listing the date and time of the hearing. If the
hearing is to be
held before a Judge, the Interim Custody Order shall direct the parties to file
a Pre-Trial
Memorandum at least three (3) days prior to the hearing, which shall contain:
a. A clear concise statement of the principal
custody issues to be resolved by the
Court;
b. Principles
of law to be applied;
c. List
of witnesses to be called and exhibits;
d. Listing
of any evidentiary disputes; and Legal Argument.
e. Proposed
Findings of Fact
f. Proposed
Custody Order
5 If the hearing is to be held before the
Hearing Officer, the moving party shall be
responsible
to secure the services and attendance of an outside court reporter for said
hearing
and shall be responsible for payment of same unless the Court places the
payment
responsibility
on the other party.
Effective 7/26/04
RULE 1915.7 -
CONSENT ORDER
A proposed consent order substantially in the
same form as Form "A" following this Rule shall be attached to the
stipulation or agreement.
Effective 7/26/04
"FORM
A"
IN THE COURT OF
COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL
ACTION - LAW
, :
Plaintiff :
:
vs. :
: NO.
, :
Defendant :
- Counsel for Plaintiff
- Counsel for Defendant
ORDER
OF COURT
AND
NOW this day
of _, 20 , upon review of the attached
Agreement
between the parties regarding custody of the child(ren), it is hereby
ORDERED and
DECREED that said
Agreement is approved
and shall be
incorporated
into this Order of Court as if more fully set forth herein.
The
attached "Appendix to Order" is incorporated herein and shall be part
of this
Order.
BY
THE COURT:
J.
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY,
PENNSYLVANIA
CIVIL ACTION
- LAW
, :
Plaintiff :
:
vs. :
: NO.
, :
Defendant :
- Counsel for Plaintiff
- Counsel for Defendant
AGREEMENT FOR ENTRY OF SHARED CUSTODY ORDER
OF COURT
AND NOW, this day
of ,
20 ,
the following agreement is entered into upon
stipulation
of the parties:
This agreement and ensuing Order of
Court shall govern the custodial situation of the
Following
children:
2. In accordance with the statutory laws
of this Commonwealth, each party shall be
provided all access to the medical, dental, religious and school records of the
child(ren) involved.
Absent an emergency situation, each party shall be informed in regard to the
medical and dental needs
of the child(ren) involved.
3. Jurisdiction of the child(ren) and this
matter shall remain with the Court of Common
Pleas of Carbon County, Pennsylvania, unless or until jurisdiction would change
under the Uniform
Child Custody Jurisdiction Act.
4. The welfare of the child(ren) shall be
the primary consideration of the parties in any
application of the terms of this Agreement.
The parties shall exert every reasonable effort to foster a
feeling of affection between the child(ren) of the other party. Neither party shall do anything to
estrange the child(ren) from the other party, to injure the opinion of the
child(ren) as to the other party,
or to hamper the free and natural development of the child(ren)'s love and
respect of the other party.
5. Primary
Physical custody of the child(ren) shall be as follows:
6. The Plaintiff/Defendant, Father/Mother, shall have partial physical custody and
visitation rights in accordance with the following schedule:
(a)
During the week:______________________________________________ ;
(b)
Weekends:___________________________________________________ ;
(c)
Major Holidays:_______________________________________________ ;
(d)
Minor Holidays:_______________________________________________ ;
(e)
Mother's Day and Mother's Birthday shall be
with the Mother; Father's Day and
Father's Birthday shall be with the Father.
(f)
Child(ren)'s Birthday(s):________________________________________ :
(g) Vacation/Summers:_____________________________________________ ;
(h) Other times:___________________________________________________ .
7.
All other periods of partial custody by
either party shall be by mutual agreement of
both party after reasonable request, and such agreement shall not be
unreasonably withheld.
8.
Each party agrees to keep the other advised
of their current residential address and
telephone number. Each party shall be
entitled to speak to the child(ren) by telephone at reasonable
times and intervals when the children) is/are in the custody of the other
party.
9.
Each party agrees to give to the other a
general itinerary of all vacations they plan to
take with the child(ren).
10.
Each party shall endeavor to give at least
twenty-four (24) hours prior notice to the
other in the event that it will not be possible to exercise any of the rights
herein identified.
11.
It is the intention of the parties that this
agreement will be adopted into an Order of
Court.
12.
The filing fee for the stipulated order shall
be paid by the_________ (Indicate Plaintiff or Defendant) to the Prothonotary of
Carbon County simultaneous with the filing of the stipulated order.
WITNESS
AS TO PLAINTIFF PLAINTIFF
WITNESS AS TO DEFENDANT DEFENDANT
APPENDIX TO ORDER
Certain
rules of conduct generally applicable to custody matters are set forth below and
are binding on both parties, the breach of which could become the subject of
contempt proceedings before this Court, or could constitute grounds for
amendment of our order. If these general rules conflict with the specific
requirements of our order, the order shall prevail.
1.
Neither
party will undertake nor permit in his or her presence the poisoning of the
minor child's mind against the other party by conversation which explicitly or
inferentially derides, ridicules, condemns, or in any manner derogates the
other party.
2.
The
parties shall not conduct arguments or heated conversations when they are
together in the presence of their child(ren).
3.
Neither
party will question the child(ren) as to the personal lives of the other parent
except insofar as necessary to insure the personal safety of the child(ren). By
this we mean that the child(ren) will not be used as a spy on the other party.
It is harmful to a child to be put in the role of "spy".
4.
Neither
party will make extravagant promises to the minor child(ren) for the purposes
of ingratiating himself or herself to the minor child(ren) at the expense of
the other party; further, any reasonable promise to the child(ren) should be
made with the full expectation of carrying it out.
5.
The parties should at
all times consider the child(ren)'s best interests, and act accordingly. It is
in a child(ren)'s best interests to understand that he or she is trying
desperately to cope with the fact of his parents' separation, and needs help in
loving both parents, rather than interference of censure.
6.
The
parties should remember that they cannot teach their child(ren) moral conduct
by indulging in improper conduct themselves. Children are quick to recognize
hypocrisy, and the parent who maintains a double standard will lose the respect
of his or her child(ren).
7.
Weekend
and evening visitation shall be subject to the following rules:
A. Arrangements will be worked out beforehand
between the parties without
forcing the child(ren) to make choices and run the risk of parental
displeasure.
However, the child shall be consulted as to his or her schedule.
B. Visitation rights
should be exercised
at reasonable hours
and under
circumstances reasonably acceptable to the other party and to the needs and
desires of the minor child(ren).
C. If a party finds him or herself unable
to keep an appointment, he or she should
give immediate notice to the other party, so as to avoid subjecting the
child(ren) to unnecessary apprehension and failure of expectations.
D. The party having custody of the
child(ren) should prepare him or her both
physically and mentally for the visitation with the other party and have him or
her available at the time and place mutually agreed upon.
E. If either party or the child(ren) has
plans which conflict with a scheduled visit
and wish to adjust such visitation, the parties should make arrangements for an
adjustment acceptable to the schedules of everyone involved. Predetermined
schedules are not written in stone, and both parties should be flexible for the
sake of the child(ren).
F. If a party shows up for a visit under
the influence of alcohol or drugs, the visit
may be considered forfeited on those grounds alone.
8.
During the
time that the child(ren) is/are living with a party, that party has the
responsibility of imposing and enforcing the rules for day-to-day living.
However, unless otherwise ordered, both parents should consult with one another
on the major decisions affecting the child(ren)'s life, such as education,
religious training, medical treatment, and so forth.
RULE 1920.12 - COMPLAINT
1. In every divorce or annulment complaint whether
pending or new, the plaintiff
shall complete Form "A" as set forth below this rule with the Social
Security
Number of each party to said action as required by 23 Pa.C.S.A. 4304.1(a)(3).
Said form shall not be attached to said complaint but shall remain separate
from
the complaint.
a.
The Prothonotary's Office shall record
the Social Security Numbers in the
Court
Computer Database and, upon verification of proper entry, shall
shred
the form containing the Social Security Numbers. The Social
Security
Numbers shall remain confidential in that they will only be
visible
to internal personnel and cannot be accessed through the public
access
programs.
2. The
Social Security Number Disclosure Notice shall be attached to the divorce or
annulment complaint. Said notice shall be in the form set forth in Form "B
".
3. The
person to be named in the notice shall be pursuant to CARB.R.C.P. 1018.1.
Effective
7/26/04
Form "A"
Docket Number of Divorce/Annulment Case _____
Plaintiff
Name:
Plaintiff Social Security Number:
Defendant Name:
Defendant
Social Security Number:
Form "B"
In the Court of
Common Pleas of Carbon County, Pennsylvania
Social Security Number
Disclosure Notice
In
accordance with section 7(b) of the Privacy Act, you are hereby notified that
disclosure of your Social Security number is mandatory based on Section
466(a)(13) of the Social Security Act [42 U.S.C. 666(a)(13)], Pennsylvania
Consolidated Statutes (Pa C.S.) §§4304.1 and 4353(a.2). Additionally, you are
notified that this information will be used solely in the divorce action.
RULE 1920.51 - HEARING BY THE COURT. APPOINTMENT OF MASTER
NOTICE OF HEARING
1. If
the Master determines during the course of the proceedings that additional sums
should
be deposited for the payment of Master's fees, the Master shall request the
parties to
deposit such additional sums with the Prothonotary and shall allocate who shall
be
responsible for the depositing of said additional costs. In the event the
parties object to
the request of the Master, the party shall petition the Court and the Judge
shall hold a
hearing thereon and issue an appropriate Order.
2. Hearings
shall be stenographically recorded. The
moving party shall be responsible to
secure the services of an outside Court reporter for said hearing and shall be
responsible
for payment thereof unless the Court places the payment responsibility on the
other party.
Effective
7/26/04
RULE 2102(b) – STYLE OF ACTION.
1. In all cases where an appeal is taken from a
real estate assessment fixed by the Carbon County Board of Assessment and
Appeals, the petition for allowance of appeal shall have attached to it a
photocopy of the appealed from order of the said board and a proposed
preliminary decree which shall provide:
(A) The
appeal is allowed.
(B) Within
5 days from the date of the preliminary decree, appellant shall serve a copy of
the petition and preliminary decree upon the said board, the governing body of
the municipality, and the board of school directors of the school district in
which the real estate is situate and upon the property owner, if he is not the
appellant.
(C) The
taxing authorities aforesaid and the property owner, if he is not the
appellant, be and are hereby entitled to intervene as parties appellee; and
(D) The
Carbon County Board of Assessment and Appeals is directed to certify to the
Court all evidence including photos, maps, appraisals, submitted below to
become part of the Court record.
2.
Within forty-five (45) days after required
service of the petition and preliminary decree, all parties of record shall
file pre-hearing statements and serve a copy on all other parties of
record. The pre-hearing statement shall
include:
A.
A summary of the facts which will be offered
by oral and documentary evidence at the hearing;
B.
A list of exhibits to be offered;
C.
A list of the names and addresses of all
witnesses to be called;
D.
Copies of any appraisal reports, or if no
report is available, a summary of the testimony of any expert who will be
called as a witness;
E.
A statement of the current valuation which is
the basis for the appeal;
F.
A statement setting forth the appellant’s
position as to the correct valuation which shall include appellant’s position
as to correct market value, assessment ratio, and assessment;
G.
A statement that there have been negotiations
between the parties and a good faith attempt to settle the case; and
H.
The statement shall be signed by the parties
or their counsel.
3. Upon docketing of all pre-hearing
statements, a pre-hearing conference shall be scheduled. Notice pursuant to Pa.R.C.P.440 shall be
given by the Prothonotary’s Office to all affected taxing authorities whether
or not parties of record. Each party of
record shall either be personally present, or shall be represented by counsel
authorized to act on behalf of the absent party of record with respect to the
trial of the case or its settlement.
4. At the pre-hearing conference, the
parties of record shall consider:
A. Possible stipulations as to evidence
and facts;
B. Simplification of the issue; and
C. Settlement.
5. Following the pre-hearing conference,
the Court shall enter an appropriate order or schedule a hearing.
Effective 7/26/04
RULE 2974.2 – NOTICE OF JUDGMENT
AND EXECUTION REQUIRED BY RULE
2973.2.
FORM
The
person to be named in the notice shall be pursuant to CARB.R.C.P.1018.1.
Effective
7/26/04
RULE 2974.3 – NOTICE OF JUDGMENT
AND EXECUTION REQUIRED BY RULE
2973.3.
FORM
The
person to be named in the notice shall be pursuant to CARB.R.C.P.1018.1.
Effective 7/26/04
RULE 3252 - WRIT OF EXECUTION.
MONEY JUDGMENTS.
The
person to be named in the notice shall be pursuant to CARB.R.C.P.1018.1.
Effective 7/26/04
RULE 3256 - PRAECIPE FOR WRIT.
MORTGAGE FORECLOSURE.
The
praecipe for the writ shall state the volume and page of the recorded mortgage
securing the obligation upon which the judgment was entered, as well as the
volume and page of the deed conveying the real property to the debtor.
Effective 7/26/04
RULE 4005 – WRITTEN INTERROGATORIES TO A PARTY.
Interrogatories,
as a matter of right, shall not exceed FORTY (40) in number. Interrogatories inquiring as to the names and
locations of witnesses, or the existence, location and custodian of documents
of physical evidence each shall be construed as one (1) interrogatory. All other interrogatories, including
subdivisions of one numbered interrogatory, shall be construed as separate
interrogatories. If counsel for a party
believes that more than FORTY (40) interrogatories are necessary, counsel shall
consult with opposing counsel promptly and attempt to reach a written
stipulation as to a reasonable number of additional interrogatories. Counsel are expected to comply with this
requirement in good faith. In the event
a written stipulation cannot be agreed upon, the parties seeking to submit
additional interrogatories shall file a motion with the Court showing the
necessity for relief.
Effective
7/26/04
RULE 4014 – REQUEST FOR ADMISSION.
Request
for admission, as a matter of right, shall not exceed FORTY (40) in
number. Request for admission as to the
names and locations of witnesses, or the existence, location and custodian of
documents of physical evidence each shall be construed as one (1)
admission. All other request for
admission, including subdivisions of one numbered request for admission, shall
be construed as separate request for admission.
If counsel for a party believes that more than FORTY (40) admissions are
necessary, counsel shall consult with opposing counsel promptly and attempt to
reach a written stipulation as to a reasonable number of additional
admissions. Counsel are expected to
comply with this requirement in good faith.
In the event a written stipulation cannot be agreed upon, the parties
seeking to submit additional admissions shall file a motion with the Court
showing the necessity for relief.
Effective 7/26/04
IN THE COURT OF COMMON
PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
IN
RE: ADOPTION OF CARBON COUNTY’S :
CIVIL
CASE MANAGEMENT PLAN : 04-1823
ADMINISTRATIVE ORDER NO. 16-2004
AND NOW, this 24th
day of June, 2004, it is hereby
ORDERED and DECREED that, effective July 26, 2004, Carbon County
ADOPTS the Civil Case Management Plan.
The Carbon
County District Court Administrator is ORDERED and DIRECTED to do the
following:
1. File seven (7) certified copies of this
Administrative Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one
(1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) certified copy with the Pennsylvania
Civil Procedural Rules Committee.
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 Court’s Office.
BY
THE COURT:
RICHARD W. WEBB, P.J.
CARBON COUNTY COURT OF COMMON PLEAS
CIVIL CASE MANAGEMENT
PLAN
President Judge Richard W. Webb
Effective July 26, 2004
I. JUDICIAL COMMITMENT TO CASEFLOW
MANAGEMENT.
Since January 3, 1995,
the Court has assumed the responsibility of ensuring the fair and prompt
disposition of all cases, as well as, assuring effective and efficient use of
Court resources paid for by taxpayers. Our success is attributable to the
commitment of this principle by each Judge, Court and County staff of the 56th
Judicial District.
Goal setting provides
the objectives and a benchmark for measuring its success. The Court must meet
reasonable time standards for the processing and prompt disposition of standard
types of cases in terms of their nature and legal issues. "Exhibit
"1", attached hereto, shows the timelines and time standards by track
for civil cases adopted by this Court.
II. EFFECTIVE COMMUNICATIONS
WITH THE BAR.
The Court coordinates
scheduling of cases and makes reasonable accommodations to attorneys and
parties in the management of cases. Operative scheduling allows efficient case
processing.
III. EARLY AND
CONTINUOUS COURT SUPERVISION OF CASE PROGRESS.
The Court monitors the
progress of cases from the time a writ of summons or complaint is filed to
ensure movement of cases to disposition, eliminating unnecessary delay and
additional costs of litigation. Mere agreement of counsel/parties is not
sufficient grounds for the Court to grant continuances. When a continuance is
granted, the matter is continued to a specified date.
IV. EVENT-DATE
CERTAINTY.
Reasonable
certainty about filing deadlines and event dates avoids aggravation, waste and
unnecessary cost to the parties and their attorneys. Moreover, national studies
have found that nothing promotes pretrial dispositions more than the
expectation that a trial is more likely than not to occur on or near the
scheduled date. Approximately one hundred twenty days (120) after initial
filing of the action, deadlines and
events are scheduled with notice given to attorneys/parties of all deadlines
and projected event dates, assuring case flow and expeditious case
dispositions.
V. A FUNCTIONAL CASE
MANAGEMENT INFORMATION SYSTEM.
The fully automated
court computer system provides relevant, accurate, and timely case information,
supporting an efficient case management plan by tracking and maintaining cases
and events. Monthly reports identify specific cases that have been pending
longer than the time standards so appropriate steps can be taken.
VI. TIME STANDARDS
AND CASE MANAGEMENT CRITERIA.
A. COURT RULING ON
MOTIONS.
1.
Motions are decided pursuant to Pa.R.C.P.208.4.
2.
Each Judge monitors the status of all outstanding motions.
3.
Semi Annual Reports — Pursuant to Pennsylvania Rule of Judicial
Administration 703(B)(2), each Judge is responsible to report on matters
submitted and undisposed for 90 days or more.
B. DIFFERENTIATED
CASE MANAGEMENT BY CASE TRACKS.
Upon the filing of
an action, the court computer database assigns a track and timelines based on
the case type, number of parties, and the timeframes established by this Court.
These provisions govern each case unless changed at an attorney's request or
upon the Court's own directive. If the amount in controversy is less than
$25,000.00, the case proceeds on the fast track directly to arbitration.
C. ONE HUNDRED
TWENTY-DAY REVIEWS.
Approximately one hundred twenty (120) days
after initial filing of the case, a review of the docket activity is performed
to check the status of the case. If the
complaint, answer, and service are in order, a management review order is
produced confirming the timelines established for the case. A management conference is scheduled for
cases where the proper pleadings have not been initiated.
D. FAST TRACK.
A case is assigned to
the fast track when it appears that it can be promptly tried with little
pre-trial discovery and other pre-trial proceedings. All cases having four or
less parties as shown in Exhibit "2" are fast track cases. Except in
extraordinary circumstances, the Court strives to dispose all fast track cases
within ten (10) months after initial filing. Upon completion of the discovery
period or in any case where an appeal for an arbitration award is filed, the
case is given a date certain for a pre-trial conference. If settlement is not
reached at the pre-trial conference, the case is scheduled for trial.
E. STANDARD CASE
TRACK.
All cases not
designated fast track or complex are standard civil cases. Except in
extraordinary circumstances, the Court strives to dispose all standard cases
within 18 months after initial filing. Upon completion of the discovery period,
the case is given a date certain for a pre-trial conference. If settlement is
not reached at the pre-trial conference, the case is scheduled for trial.
F. COMPLEX CASE
TRACK.
A case is assigned
to the complex track when additional time and resources are needed to bring the
case to disposition. Civil cases
involving construction contracts, three or more parties, or claims of asbestos,
medical malpractice or products liability are complex cases. Upon completion of
the discovery period, the case is given a date certain for a pre-trial
conference. If settlement is not reached at the pre-trial conference, the case
is scheduled for trial. Except in extraordinary circumstances, the Court
strives to dispose all complex cases within 24 months after initial filing.
|
Case Event/Timelines
|
Fast
Track
|
Standard Track
|
Complex Track
|
|
Management Review Order or Management Conference
|
4 months
|
4 months
|
4 months
|
|
Discovery Complete
|
6 months
|
13 months
|
18 months
|
|
Plaintiff Expert
Reports
|
6 months
|
13 months
|
19 months
|
|
Defendant Expert
Reports
|
8 months
|
14 months
|
20 months
|
|
Motions Filing
Deadline
|
8 months
|
14 months
|
20 months
|
|
Pretrial Memorandum Due
|
|
Approx. 15 months
|
Approx. 21 months
|
|
Pretrial Settlement Conference
|
|
16 months
|
22 months
|
|
Trial
|
10 months
|
18 months
|
24 months
|
Exhibit “1”
|
CASE MANAGEMENT TRACK CRITERIA
|
|
Case Type
|
Number of Parties
|
Management Track
|
Disposition
Within
|
|
Assault, Battery
Premises Liability, Slip & Fall Other Personal Injury Torts to Land Motor
Vehicle Property Damage Other Personal Property Damage Motor Vehicle Accident
(under $25,000) Insurance, Declaratory Judgment Negotiable Instruments
Recovery of Overpayment Contracts for Goods Other Contract Foreclosure Rent,
Lease, Ejectment Title to Real Property Replevin Appeals from District
Justice Mechanic's Lien Other: Consumer or Credit
|
<4
|
Fast
|
10 months
|
|
Employment/Wrongful
Discharge Assault, Battery Premises Liability, Slip & Fall Other Personal
Injury Torts to Land Motor Vehicle Property Damage Other Personal Property
Damage Motor Vehicle Accident (under $25,000) Insurance, Declaratory Judgment
Negotiable Instruments Recovery of Overpayment Contracts for Goods Other
Contract Foreclosure Partition Right to Know Rent, Lease, Ejectment Title to
Real Property Other: Consumer or Credit
|
>4
|
Standard
|
< 18 months
|
|
Fraud Truth in
Lending
|
Any Numbers
|
Standard
|
< 18 months
|
|
Class Action
Construction Contracts Medical Malpractice Toxic Waste, Contamination &
Environmental Professional Malpractice Toxic Tort Personal Injury
Stockholders Suits Defamation, Discrimination, Malicious Prosecution Motor
Vehicle Accident (over $25,000.00) Motor Vehicle Product Liability Product
Liability Product Liability Property Damage Contract Product Liability
|
Any Number
|
Complex
|
< 24 months
|
Exhibit “2”
IN THE COURT OF
COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
IN
RE: SUMMONING OF JURORS :
: No. 12
MI 04
FOR
CARBON COUNTY
:
:
JURY
SELECTION
:
ADMINISTRATIVE ORDER NO. 17-2004
AND NOW, this 22nd day
of June, 2004, pursuant to 42 Pa.C.S.A. 4531, it is hereby
ORDERED and DECREED,
that the Jury Selection Commission SHALL SELECT at random from the Master List
of prospective jurors four hundred (400) names for the Term of Court on August
9, 2004, with the exact number of jurors reporting to be determined by the
Court prior to the beginning of trials.
BY
THE COURT:
P.J.
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
IN
RE : AMENDMENT
OF LOCAL RULE :
OF
CRIMINAL PROCEDURE : 103
MI 00
CARB.R.CRIM.P
590 PLEA AND PLEA :
AGREEMENTS :
AND NOW, this 25th day of
June, 2004, in order to correct an error on the form titled Nolo Contendere
Colloquy, it is hereby
ORDERED
and DECREED that, effective July 1, 2004, Carbon County AMENDS the form titled
Nolo Contendere Colloquy attached to this Local Rule of Criminal Procedure.
The Carbon
County District Court Administrator is ORDERED and DIRECTED to do the
following:
1. File seven (7) certified copies of this
Administrative Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one
(1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) certified copy with the
Pennsylvania Criminal Procedural Rules Committee.
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 Court’s Office.
BY
THE COURT:
RICHARD W. WEBB, P.J.
RULE 590 - PLEA AND PLEA AGREEMENTS
When counseling
a defendant relative to the entry of a plea of guilty or nolo contendere,
counsel shall review and explain to the defendant the contents of the Guilty
Plea Colloquy form or Nolo Contendere Colloquy form, which are attached hereto. If the Defendant is charged and to be
sentenced under Megan’s Law, counsel shall review the attached Megan’s Law
Supplement To Guilty Plea Colloquy form as required by 42 Pa.C.S.A. § 9795.3
(6). Such forms shall be initialed and
signed by the defendant. Defendant
counsel’s signature thereon shall constitute a certification by the attorney
that he/she has read, discussed, and explained the plea form and, if required,
the Megan Law form to the defendant, and that to the best of his/her knowledge,
information, or belief, his/her client understands what he/she is doing by
entering his/her plea.
Guilty Plea Colloquy and
Megan Law Supplement forms shall be filed in open Court at the time of entry of
any plea of guilty or nolo contendere.
Effective 7/1/04
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
COMMONWEALTH
OF PENNSYLVANIA :
:
-vs.- : NO.
________________________________ :
Defendant :
GUILTY PLEA COLLOQUY
You
are present before this Court because you or your lawyer have stated that you
wish to plead guilty to some or all of the criminal offenses with which you
have been charged. Please answer fully all the questions on this document. If
you do not understand any explanations given to you on this document, say so by
putting the word “no” in the blank provided after the questions. If you do
understand the questions, you should write in the word “yes”. None of the lines should be left blank.
After
you have finished reading this and filling it out, you should sign it on the
last page, on the line that says “Defendant”. You should also initial each page
at the bottom, but only if you have read and have understood that page. If
there is anything that you do not understand, you should say so in writing on
this form. You should also tell your lawyer and the Judge who hears your case,
so that they can explain it to you fully, to make sure you understand all your
rights.
Most
of these questions are designed to be answered “yes” or “no”. Where general
information is asked for, however, please answer fully.
1. What is your full name?
________________________________________
2. Are you known by any other name or
alias?_________________________
3. If the answer to Number 2 is “yes”
state the other name or aliases.
____________________________________________________________
4. What is your date of birth?
______________________________________
5. What was the last grade completed in
school?_______________________
6. Can you read, write and understand the
English language? ____________
7. As
you appear before the Court today to enter a guilty plea, are you under the
influence of alcohol or any kind of drugs?_______________________
8. Have
you ever been a patient in a mental institution or have you ever been treated
for a mental illness? _____________________________________
9. If the answer to Number 8 is “yes”,
please explain the details.
____________________________________________________________
10. Are you currently being treated for a
mental illness?__________________
11. If
the answer to Number 10 is “yes”, explain the details. ______________
____________________________________________________________
12. If you are presently being treated for a
mental illness, do you feel that you have sufficient mental capacity to
understand what you are doing today, and to understand these questions and
answer them correctly?__________
13. Do you understand that you are here today
to enter a guilty plea to some or all of the charges against you?
___________________________________
14. Do
you understand the nature of the offenses to which you are pleading guilty?
_____________________________________________________
15. Has
your lawyer explained to you the elements of the criminal offenses to which you
are pleading?________________________________________
16. Do you admit to committing the offenses
to which you are pleading guilty and to the legal elements explained to you
making up those offenses?
____________________________________________________________
17. Do you understand that you have a right
to a trial by jury? _____________
18. Do you understand that the
right to trial by jury means that you can participate in the selection of a
jury with your attorney; that the jury is randomly selected from the voter
registration list of Carbon County and a cross-section of the citizens of
Carbon County, and that the jury has to agree unanimously on your guilt before you
can be convicted of the offenses with which you are charged? _____________________________
19. Do you understand that you are presumed
innocent until found guilty? In other words, do you understand that the
Commonwealth must prove your guilt beyond a reasonable doubt before you can be
convicted of the offenses charged?
_____________________________________________
20. Do you understand that the Commonwealth
has the burden of proving you guilty beyond a reasonable doubt, which means you
can remain silent and nothing can be held against you for refusing to testify
in your own defense? ____________________________________________________
21. Do you understand that you have a right
to confront and cross-examine all Commonwealth witnesses in your case who are
necessary to prove your guilt?
______________________________________________________
22. Do you understand that by pleading guilty
you are waiving that right of confrontation and cross-examination?
_____________________________
23. Do you realize that by pleading guilty
you are giving up your right to present any pre-trial motions for consideration
to this or a higher Court in the event those motions are
denied?_______________________________
24. Do you realize that if you were convicted
after a trial you could appeal the verdict to a higher Court and raise any
errors that were committed in the trial Court, and that this could result in
your being awarded a new trial or discharged, and that by pleading guilty you
are giving up this right?
____________________________________________________________
25. Do you realize that if you were convicted
after a trial you could appeal the verdict to a higher Court and you could also
challenge whether the Commonwealth had presented enough evidence to prove you
guilty beyond a reasonable doubt? _____________________________________
26. Are you aware that the Court is not bound
by the terms of any plea agreement entered into between you, your counsel and
the Attorney for the Commonwealth, until the Court accepts such plea agreement?
____________________________________________________________
27. Do you understand that the Court is not a
party to any agreement or recommendation made by the parties and that any
recommendation and/or stipulation regarding sentence is not binding on the
Court and you knowingly waive the right to withdraw this plea if the Court does
not concur in the recommended sentence?_____________________________
28. Are you aware of the permissible range of
sentence and/or fines that can be imposed for the offenses to which you are
pleading guilty?
_________________________________________________________________________________________________
29. Are you aware of the maximum sentence
and/or fine, which the Court could impose upon you for each of the offenses to
which you are pleading guilty?
_________________________________________________________________________________________________
30. Do you understand that any sentence
imposed upon you for any of the offenses to which you are pleading guilty can
be imposed consecutively to either (a) any sentence imposed upon you for any
other offense for which you are pleading guilty in this case; or (b) any
sentence imposed upon you in any other case? _________________________________________________________________________________________________
31. Do
you understand that “consecutive” sentences means that one sentence will follow
after another and that “consecutive” sentences do not run at the same time?
_________________________________________________________________________________________________
32. Do you understand that the aggregate
maximum sentence you could receive if you are pleading guilty to multiple
offenses is the total of all maximum sentences for all the offenses added
together?
_________________________________________________________________________________________________
33. Do you understand that you have a right to
have witnesses present at your guilty plea hearing to testify for you? Are you
willing to give up that right and have the Attorney for the Commonwealth
summarize the facts against you?
_________________________________________________________________________________________________
34. After
you enter your guilty plea and it is accepted by the Court, you still have a
right to appeal your conviction. The appeal from a guilty plea is limited,
however, to four grounds. They are:
(a) that your guilty plea was not knowing,
intelligent and voluntary;
(b) that the Court did not have jurisdiction
to accept your plea (in other words, the offenses for which you are pleading
guilty did not occur in Carbon County);
(c) that the Court’s sentence is beyond the
maximum penalty authorized by law; and
(d) that your attorney was incompetent in
representing you and advising you to enter a plea of guilty
Do you understand
these four areas of appeal and what they mean?____________
In order to appeal
your conviction by a plea of guilty, you must within ten (10) days file a
written motion to withdraw your guilty plea and state any of the four above
grounds as the basis for your petition to withdraw your guilty plea. This must
be done within ten (10) days from the date you are sentenced. If you cannot
afford a lawyer to represent you or you are contending that your attorney, who
represented you at your guilty plea, was incompetent, you have the right to
have other counsel appointed for you to raise those four claims. If your
petition to withdraw your guilty plea is denied, you then have thirty (30) days
to file an appeal from that denial with the Superior Court of Pennsylvania.
If you do not file
your petition within ten (10) days of your sentence or do not file a Notice of
Appeal to the Superior Court within thirty (30) days after your petition to
withdraw your guilty plea is denied, you give up your right to ever complain
again of any of those four areas, including incompetent counsel.
Do you understand the meaning of the various appeal
rights that have just been explained to you?
___________________________________________________
35. Has anybody forced you to enter this plea
of guilty?__________________
36. Are you doing this of your own free will?
__________________________
37. Have any threats been made to you to
enter a plea of guilty? ___________
38. Have any promises been made to you to
enter a plea of guilty other than any plea agreement that has been negotiated
for you by your attorney? ____________________________________________________________
39. Do you understand that the decision to
enter a guilty plea is yours and yours alone; that you do not have to enter a
plea of guilty and give up all your rights, as previously explained to you and
that no one can force you to enter a guilty plea?
__________________________________________
40. Do you understand that if your plea is
accepted by this Honorable Court, you would have the right to have a
Pre-Sentence Report prepared on your behalf to aid the Judge in determining the
appropriate sentence to be imposed upon you? Since this is a plea bargain, are
you willing to waive the preparation of the pre-sentence investigation?
____________ (if applicable)
41. Are you presently on probation or
parole?__________________________
42. If you are on probation or parole, do you
realize that your plea of guilty will mean a violation of that probation or
parole and you can be sentenced to prison as a result of that violation caused
by your guilty plea today? ____________________________________________________________
43. Are
you satisfied with the representation of your attorney?_____________
44. Have
you had ample opportunity to consult with your attorney before reading this
document and entering your plea of guilty? _______________
45. Has
your attorney gone over with you the meaning of the terms in this document?
__________________________________________________
I affirm that I have
read the above document in its entirety and I understand its full meaning, and
I am still nevertheless willing to enter a plea of guilty to the offenses
specified. I further affirm that my signature and initials on each page of this
document are true and correct.
Date:________________ ___________________________________
Defendant
I,
_________________________________, Esquire, Attorney for
________________________________, state that I have advised my client of the
contents and meaning of this document; that it is my belief that he/she comprehends
and understands what is set forth above; that I am prepared to try this case;
and that the defendant understands what he/she is doing by pleading guilty.
Date:________________ ___________________________________
Attorney
for the Defendant
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY,
PENNSYLVANIA
CRIMINAL DIVISION
COMMONWEALTH
OF PENNSYLVANIA :
:
-vs.- : NO.
_______________________________ :
Defendant :
NOLO CONTENDERE COLLOQUY
You
are present before this Court because you or your lawyer have stated that you
wish to plead Nolo Contendere to some or all of the criminal offenses with
which you have been charged. Please answer fully all the questions on this
document. If you do not understand any explanations given to you on this
document, say so by putting the word “no” in the blank provided after the
questions. If you do understand the questions, you should write in the word
“yes”. None of the lines should be left
blank.
After
you have finished reading this and filling it out, you should sign it on the
last page, on the line that says “Defendant”. You should also initial each page
at the bottom, but only if you have read and have understood that page. If
there is anything that you do not understand, you should say so in writing on
this form. You should also tell your lawyer and the Judge who hears your case,
so that they can explain it to you fully, to make sure you understand all your
rights.
Most
of these questions are designed to be answered “yes” or “no”. Where general
information is asked for, however, please answer fully.
1. What is your full name?
________________________________________
2. Are you known by any other name or
alias?_________________________
3. If the answer to Number 2 is “yes,”
state the other names or aliases.
____________________________________________________________
4. What is your date of birth?
______________________________________
5. What was the last grade completed in
school?_______________________
6. Can you read, write and understand the
English language?_____________
7. As
you appear before the Court today to enter a plea of Nolo Contendere, are you
under the influence of alcohol or any kind of drugs?___________
8. Have you ever been a patient in a
mental institution or have you ever been treated for a mental illness?
_____________________________________
9. If the answer to Number 8 is “yes”,
please explain the details.
____________________________________________________________
10. Are you currently being treated for a
mental illness?__________________
11. If the answer to Number 10 is “yes”,
explain the details. ______________
____________________________________________________________
____________________________________________________________
12. If
you are presently being treated for a mental illness, do you feel that you have
sufficient mental capacity to understand what you are doing today, and to
understand these questions and answer them correctly? ____________________________________________________________
13. Do you understand that you are here today
to enter a plea of Nolo Contendere to some or all of the charges against
you?_________________
14. Do
you understand the nature of the offenses to which you are pleading Nolo
Contendere? ____________________________________________
15. Has your lawyer explained to you the
elements of the criminal offenses to which you are pleading?
_______________________________________
16. Do
you admit to committing the offenses to which you are pleading Nolo Contendere
and to the legal elements explained to you making up those offenses?
___________________________________________________
17. Do you understand that you have a right
to a trial by jury? _____________
18. Do you understand that the
right to trial by jury means that you can participate in the selection of a
jury with your attorney; that the jury is randomly selected from the voter
registration list of Carbon County and a cross-section of the citizens of
Carbon County, and that the jury has to agree unanimously on your guilt before
you can be convicted of the offenses with which you are charged? _____________________________
19. Do you understand that you are presumed
innocent until found guilty? In other words, do you understand that the
Commonwealth must prove your guilt beyond a reasonable doubt before you can be
convicted of the offenses charged?
_____________________________________________
20. Do you understand that the Commonwealth
has the burden of proving you guilty beyond a reasonable doubt, which means you
can remain silent and nothing can be held against you for refusing to testify
in your own defense? ____________________________________________________
21. Do you understand that you have a right
to confront and cross-examine all Commonwealth witnesses in your case who are
necessary to prove your guilt? ______________________________________________________
22. Do you understand that by pleading Nolo
Contendere you are waiving that right of confrontation and
cross-examination?_______________________
23. Do you realize that by pleading Nolo
Contendere you are giving up your right to present any pre-trial motions for
consideration to this or a higher Court in the event those motions are
denied?________________________
24. Do you realize that if you were convicted
after a trial you could appeal the verdict to a higher Court and raise any
errors that were committed in the trial Court, and that this could result in
your being awarded a new trial or discharged, and that by pleading Nolo
Contendere you are giving up this right?
______________________________________________________
25. Do you realize that if you were convicted
after a trial you could appeal the verdict to a higher Court and you could also
challenge whether the Commonwealth had presented enough evidence to prove you
guilty beyond a reasonable doubt? _____________________________________
26. Are you aware that the Court is not bound
by the terms of any plea agreement entered into between you, your counsel and
the Attorney for the Commonwealth, until the Court accepts such plea agreement?
____________________________________________________________
27. Do you understand that the Court is not a
party to any agreement or recommendation made by the parties and that any
recommendation and/or stipulation regarding sentence is not binding on the
Court and you knowingly waive the right to withdraw this plea if the Court does
not concur in the recommended sentence? ____________________________
28. Are you aware of the permissible range of
sentence and/or fines that can be imposed for the offenses to which you are pleading
Nolo Contendere? ____________________________________________________________
29. Are you aware of the maximum sentence
and/or fine which the Court could impose upon you for each of the offenses to
which you are pleading Nolo Contendere?
____________________________________________
30. Do you understand that any sentence
imposed upon you for any of the offenses to which you are pleading Nolo Contendere can be imposed consecutively to
either (a) any sentence imposed upon you for any other offense for which you
are pleading Nolo Contendere in this case; or (b) any sentence imposed upon you
in any other case? ___________________
31. Do you understand that “consecutive”
sentences means that one sentence will follow after another and that “consecutive” sentences do not run at the
same time? __________________________________________________
32. Do you understand that the aggregate
maximum sentence you could receive if you are pleading Nolo Contendere to
multiple offenses is the total of all maximum sentences for all the offenses
added together? ____________________________________________________________
33. Do you understand that you have a right to
have witnesses present at your Nolo Contendere plea hearing to testify for you?
Are you willing to give up that right and have the Attorney for the
Commonwealth summarize the facts against you?
_____________________________________________
34. After
you enter your Nolo Contendere plea and it is accepted by the Court, you still
have a right to appeal your conviction. The appeal from a Nolo Contendere plea
is limited, however, to four grounds. They are:
(a) that your Nolo Contendere plea was not
knowing, intelligent and voluntary;
(b) that the Court did not have jurisdiction
to accept your plea (in other words, the offenses for which you are pleading
Nolo Contendere did not occur in Carbon County);
(c) that the Court’s sentence is beyond the
maximum penalty authorized by law; and
(d) that your attorney was incompetent in
representing you and advising you to enter a plea of Nolo Contendere
Do you understand
these four areas of appeal and what they mean? _________________
In order to appeal
your conviction by a plea of Nolo Contendere, you must within ten (10) days
file a written motion to withdraw your Nolo Contendere plea and state any of
the four above grounds as the basis for your petition to withdraw your Nolo
Contendere plea. This must be done within ten (10) days from the date you are
sentenced. If you cannot afford a lawyer to represent you or you are contending
that your attorney, who represented you at your Nolo Contendere plea, was
incompetent, you have the right to have other counsel appointed for you to raise
those four claims. If your petition to withdraw your Nolo Contendere plea is
denied, you then have thirty (30) days to file an appeal from that denial with
the Superior Court of Pennsylvania.
If you do not file
your petition within ten (10) days of your sentence or do not file a Notice of
Appeal to the Superior Court within thirty (30) days after your petition to
withdraw your Nolo Contendere plea is denied, you give up your right to ever
complain again of any of those four areas, including incompetent counsel.
Do
you understand the meaning of the various appeal rights that have just been
explained to you?
_________________________________________________________________
35. Has anybody forced you to enter this plea
of Nolo Contendere?_________
36. Are you doing this of your own free will?
__________________________
37. Have any threats been made to you to
enter a plea of Nolo
Contendere?_________________________________________________
38. Have any promises been made to you to
enter a plea of Nolo Contendere other than any plea agreement that has been
negotiated for you by your attorney?
____________________________________________________
39. Do you understand that the decision to
enter a plea of Nolo Contendere is yours and yours alone; that you do not have
to enter a plea of Nolo Contendere and give up all your rights, as previously
explained to you and that no one can force you to enter a Nolo Contendere plea?
____________________________________________________________
40. Do you understand that if your plea is
accepted by this Honorable Court, you would have the right to have a
Pre-Sentence Report prepared on your behalf to aid the Judge in determining the
appropriate sentence to be imposed upon you? Since this is a plea bargain, are
you willing to waive the preparation of the pre-sentence investigation? ________
(if applicable)
41. Are you presently on probation or
parole?__________________________
42. If you are on probation or parole, do you
realize that your plea of Nolo Contendere will mean a violation of that
probation or parole and you can be sentenced to prison as a result of that
violation caused by your Nolo Contendere plea today?
________________________________________
43. Are you satisfied with the representation
of your attorney? ____________________________________________________________
44. Have
you had ample opportunity to consult with your attorney before reading this
document and entering your plea of Nolo Contendere? ____________________________________________________________
45. Has
your attorney gone over with you the meaning of the terms in this document?
__________________________________________________
I affirm that I have
read the above document in its entirety and I understand its full meaning, and
I am still nevertheless willing to enter a plea of Nolo Contendere to the
offenses specified. I further affirm that my signature and initials on each
page of this document are true and correct.
Date:__________________ ____________________________________
Defendant
I,
_________________________________, Esquire, Attorney for
______________________________, state that I have advised my client of the
contents and meaning of this document; that it is my belief that he/she
comprehends and understands what is set forth above; that I am prepared to try
this case; and that the defendant understands what he/she is doing by pleading
Nolo Contendere.
Date:__________________ ____________________________________
Attorney
for the Defendant
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
COMMONWEALTH
OF PENNSYLVANIA :
:
-vs.- :
NO.
:
______________________________ :
Defendant
MEGAN’S LAW SUPPLEMENT TO
GUILTY PLEA COLLOQUY
One
or more of the offenses to which you are pleading guilty will make you subject to
the registration and notification provisions of Megan’s Law relating to sexual
offenders.
The
purpose of the following questions is to make certain that you understand how
these provisions will affect you. Please answer all questions “Yes” or
“No.” If there is anything that you do
not understand, you should say so in writing on this form. You should also tell your lawyer and the
Judge who hears your case so that they can explain it to you fully to make sure
you understand all of your rights.
After you have read and filled out
this form, you should sign it on the last page (on the line marked
“Defendant”). You should also initial
each page at the bottom where indicated, but only if you have read and have understood
that page.
1. Do
you understand that as a result of your conviction you will be required to
register with the Pennsylvania State Police and inform them of your current
address and any change of address within ten (10) days of such change?
____________________________________________________
2. Do you understand that failure to register or
to update your registration is itself a crime, which may subject you to
penalties, including imprisonment?
_______________________________________________
3. Do you understand that your registration information
will be provided by the Pennsylvania State Police to the local police
department of any community in which you may live?
______________________________
4. Do you understand that the registration requirements
will continue for the time period specified:
___ ten (10) years ___ for the rest of your life?
____________________________________________________________
5. If this line _____ is checked, do you understand
that the District Attorney has the right to request the Court to hold a hearing
to determine whether you are a sexually violent predator, and if you are
determined to be a sexually violent predator you will be subject to additional
registration and notification requirements? These will include:
Notification to your
victim of your current address.
Notification to your neighbors of your name and address, the offense of
which you were convicted, the fact that you have been determined to be a sexually
violent predator, which notification may be accompanied by your photograph.
The foregoing notification will also be sent to the local children and
youth services agency, superintendent of schools, daycare centers, and colleges
and universities; it is also available to any member of the public upon
request.
Do you understand all of the above
information relating to registration and notification requirements of persons
determined to be sexually violent predators? ____________________________________________________________
6. Do you understand that if you are determined to be a sexually
violent predator, you will be required to attend and pay for monthly counseling
sessions for the period you are required to register?
____________________________________________________________
I affirm that I
have read the above document in its entirety and I understand its full meaning,
and I am still nevertheless willing to enter a plea of guilty to the offenses
specified. I further affirm that my
signature and initials on each page of this document are true and correct.
Date:
________________ __________________________________________
Defendant
I,
_______________________________, Esquire, Attorney for
__________________________________, state that I have advised my client of the
contents and meaning of this document; that it is my belief that he/she
comprehends and understands what is set forth above; that I am prepared to try
this case; and that the defendant understands what he/she is doing by pleading
guilty.
Date:_______________
_________________________________________
Attorney for the Defendant
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL DIVISION
IN
RE : AMENDMENT
OF NEW LOCAL RULE :
OF CIVIL PROCEDURE 205.2(b) : 04-1727
FILING
LEGAL PAPERS WITH THE :
PROTHONOTARY :
ADMINISTRATIVE ORDER NO. 19-2004
AND NOW, this 28th day of June, 2004, in order
to correct an error on the instruction sheet to the Civil Cover Sheet that is
required to be attached to all new actions, it is hereby
ORDERED and DECREED that, effective July
26, 2004, Carbon County AMENDS Local Civil Rule of Procedure CARB.R.C.P.205.2(b)
accordingly.
The Carbon County District Court Administrator is ORDERED and DIRECTED to
do the following:
1.
File seven (7) certified copies of this
Administrative Order with the Administrative Office of Pennsylvania Courts.
2.
File two (2) certified copies and one (1)
diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3.
File one (1) certified copy with the
Pennsylvania Civil Procedural Rules Committee.
4.
Electronically submit to the Administrative
Office of Pennsylvania Courts a copy of local rules numbered 205.2(a),
205.2(b), 206.4, 208.2(c), 208.2(d), 208.2(e), 208.3(a), 210, 1028(c), 1034(a),
and 1035.2(a) for publication on the web site located at www.aopc.org.
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 Order in the Prothonotary’s Office.
BY
THE COURT:
RICHARD W. WEBB, P.J.
RULE 205.2(b) - FILING LEGAL PAPERS WITH THE PROTHONOTARY
Pursuant to this rule, a Civil Cover
Sheet marked Form “A”, shall be attached to any document commencing an action
(whether the action is commenced by Complaint, Writ of Summons, Notice of
Appeal, or by Petition) in the Prothonotary's office.
A Motion Cover Sheet, marked Form
“B”, shall be attached to any motion or petition being filed.
Effective 7/26/04
Court of Common Pleas of
Carbon County
Civil Cover Sheet
|
|
|
For Prothonotary Use only (Docket Number)
|
|
A. PLAINTIFF’S NAME:
|
DEFENDANT’S NAME:
|
|
PLANTIFF’S ADDRESS
& TELEPHONE NUMBER:
|
DEFENDANT’S ADDRESS
AND TELEPHONE NUMBER:
|
|
PLAINTIFF’S NAME:
|
DEFENDANT’S NAME:
|
|
PLANTIFF’S ADDRESS
& TELEPHONE NUMBER:
|
DEFENDANT’S ADDRESS
& TELEPHONE NUMBER:
|
|
TOTAL NUMBER OF
PLAINTIFFS
|
TOTAL NUMBER OF
DEFENDANTS
|
B. AMOUNT IN CONTROVERSY
___ $25,000 or less
___ More than $25,000
|
C.
COMMENCEMENT OF ACTION
___ 1.
Complaint
___ 2.
Writ of Summons
___ 3. Notice of Appeal
___ 4. Petition Action
|
D. CASE PROCESS
___ 5.
Arbitration
___ 6. Jury
___ 7. Non
Jury
___ 8.
Class Action
|
|
E. TRACK ASSIGNMENT REQUESTED (CHECK ONE) COURT HAS FINAL APPROVAL FOR ALL TRACK
ASSIGNMENTS
|
|
_____
FAST _____ STANDARD _____ COMPLEX If complex, state reasons:
|
|
F. CODE
AND CASE TYPE (See instructions)
|
G. CODE AND
CASE SPECIFIC (See instructions)
|
|
H.
STATUTORY BASIS FOR CAUSE OF ACTION
(See instructions)
|
|
I.
RELATED
PENDING CASES
(List by Docket Number – Indicate
whether the related cases have been consolidated)
|
|
J.
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of
Plaintiff/Petitioner/Appellant. Papers may be served at the address set forth
below.
|
NAME OF PLAINTIFF’S/APPELLANT’S
ATTORNEY
|
ADDRESS
|
PHONE NUMBER
|
SUPREMECOURT IDENTIFICATION NUMBER
|
E-MAIL ADDRESS:
_________________________________________________________________
FAX NO. (OPTIONAL – FOR SERVICE):
|
|
DATE:
_____________________________ SIGNATURE: _____________________________________________________
|
|
|
|
|
|
|
Form
A
Instructions for Completing Civil Cover Sheet
The
attorney (or pro se party) filing a case shall complete the form as follows:
A.
Parties
i.
Plaintiff(s)/Defendant(s)
Enter names (last, first, middle
initial) of plaintiff and defendant. If the plaintiff or defendant is a
government agency or corporation, use the full name of the agency or
corporation. In the event there are more than two plaintiffs and/or two
defendants, list the additional parties on a separate sheet of paper. Husband
and wife should be listed as separate parties.
ii.
Parties' Addresses and
Telephone Numbers
Enter the address and telephone
numbers of the parties at the time of filing of the action. If any party is a
corporation, enter the address and telephone number of the registered office of
the corporation.
iii.
Number of
Plaintiffs/Defendants
Indicate the total number of
plaintiffs and the total number of defendants in the action.
B.
Amount in Controversy
Check the appropriate box.
Indicate whether an Assessment of Damages Hearing is required.
C.
Commencement of Action
Indicate type of document to be filed
to initiate the action.
D.
Other
Indicate whether the case is an
arbitration, jury or non-jury case. Check any other appropriate boxes. If the
action will require the entry of an Order approving a minor/incapacitated
person's compromise, wrongful death or survival action, check the appropriate
box.
E.
Track Assignment – COURT HAS FINAL
APPROVAL FOR ALL TRACK ASSIGNMENTS
If you are requesting the Complex
track, please indicate the reasons for your request.
F.
Type of Action - Case Type
Select and insert the applicable
case type and code from the first two columns of the following list:
Code Case
Type Code Case Type Code Case Specific Code Case
|
@
|
Asbestos Case
|
9
|
Mandamus
|
001
|
Assault/Battery
|
037
|
Motor.Veh. Accdt.<$25,000
|
|
X
|
Assessment Appeal
|
#
|
Miscellaneous
|
018
|
Class Action
|
005
|
M V Prop Damage
|
|
A
|
Civil Action
|
F
|
Mortgage Foreclosure
|
015
|
Consumer Credit
|
009
|
Negotiable Instrument
|
|
C
|
Custody
|
$
|
Municipal Appeal
|
019
|
Contract - Construction
|
032
|
Partition
|
|
1
|
Declaratory Judgment
|
7
|
Name Change
|
011
|
Contract - Sale of Goods
|
002
|
Premises Liability
|
|
D
|
Divorce
|
Q
|
Quiet Title
|
012
|
Contract - Other
|
003
|
Personal Injury
|
|
B
|
DJ Appeal
|
R
|
Replevin
|
025
|
Defamation
|
027
|
Product Liability
|
|
W
|
Ejectment
|
!
|
Tax Sale
|
035
|
Discrimination
|
006
|
Property Damage (non-veh)
|
|
N
|
Eminent Dom./Dec. of Tak.
|
V
|
Zoning Appeal
|
030
|
Employment/Wrongful Disc.
|
010
|
Recov. Overpaymt.
|
|
2
|
EminentDomain/Pet.Viewers
|
|
|
016
|
Fraud
|
013
|
Rent/Lease/Ejectment
|
|
E
|
Equity
|
|
|
040
|
Indirect Criminal Contempt
|
039
|
Right to Know
|
|
L
|
License Appeal
|
|
|
008
|
Insurance-Declar. Judgment
|
024
|
Stockholder Suit
|
|
|
|
|
034
|
Malicious Prosecution
|
014
|
Title to Real Property
|
|
|
|
|
022
|
Malpractice-PROF.
|
004
|
Torts to Land
|
|
|
|
|
033
|
Mechanic’s Lien
|
023
|
Toxic Tort-Pers. Injury
|
|
|
|
|
042
|
Medical Malpractice
|
031
|
Toxic Waste/Environ.
|
|
|
|
|
007
|
Motor Veh. Accdt.>$25,000
|
021
|
Wast/Contam/Env
|
G.
Case Specific
Insert applicable case specific and code from the last two columns of
the above list.
H. Statutory
Basis for Cause of Action
If the action is
commenced pursuant to statutory authority ("Petition Action"), the
specific statute must be cited.
I. Related Pending Cases
All previously filed related cases must be identified. Indicated whether
they have been consolidated by Court
Order or
Stipulation.
J.
Plaintiff's/Appellant's/Petitioner's Attorney - Entry of Appearance
The name of filing party's attorney must be
inserted, together with the other required information. Unrepresented filers must provide their
name, address, telephone number and signature.
Providing the fax number shall authorize the service of legal papers by
facsimile transmission. See
Pa.R.CP.440(d)
Form A
CARBON COUNTY COURT OF COMMON PLEAS
CIVIL DIVISION
MOTION COVER SHEET
NO.
vs.
______ Assigned Judge
FILING OF: ______ Court Action Taken
Movant ( ) Respondent
( ) ______ Returned to Attorney for Deficiencies
______ Action Deferred by
Court
TYPE OF FILING (check one): For Court Use Only
( ) 1. Pretrial Discovery Motion (432)
( ) 2. Motion for Discovery in Aid of Execution
(480)
( ) 3. Preliminary Objections to (576)
( ) 4. Motion for Summary Judgment (306)
( ) 5. Motion for Judgment on Pleadings (294)
( ) 6. Motion for Leave to Join Additional
Defendant (403)
( ) 7. Motion for TRO or Preliminary Injunction
(438)
( ) 8. Petition to Open or Strike Judgment (498)
( ) 9. Motion for Alternative Service (409)
( )10.
Motion for Leave to Amend (465)
( )11.
Motion to Consolidate Actions (424)
( )12.
Petition to Compromise Minor's Action (435)
( )13.
Motion for Leave to Withdraw (510)
( )14.
Motion for Reconsideration (441)
( )15. Motion
for Advancement on Trial List (404)
( )16. Other
Motion or Petition (specify):
OTHER
PARTIES:
Attorney's Name (Typed)
Attorney for:
( )Movant ( )Respondent
N.B. The
numbers after the Motion or Petition above are docket codes used in the Court
Computer System. Please be precise when
checking your Motion or Petition.
Form
B
Effective 7/26/04
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
IN
RE: PRETRIAL SERVICES PLAN : NO. 051 MI 96
ADMINISTRATIVE ORDER 20 - 2004
AND NOW, this 4th
day of August, 2004, in order to modify policy and procedure for the Carbon
County Pretrial Services Plan, it is hereby
ORDERED and DECREED
that, effective thirty days after publication in the Pennsylvania Bulletin,
the Court hereby REVISES its Pretrial Services Plan that is attached hereto.
The Carbon County District
Court Administrator is ORDERED and DIRECTED to do the following:
1. File seven (7) certified copies of this
Administrative Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one
(1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) certified copy with the
Pennsylvania Criminal Procedural Rules Committee.
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 and Rule in the Clerk of
Court’s Office.
BY
THE COURT:
_______________________________
RICHARD W. WEBB, P.J.
Pretrial Services Plan
Purpose
To establish policy
and procedure governing the administration of Carbon County’s Pretrial Services
Program.
Applicability
To the Carbon County Court of Common
Pleas, the Minor Judiciary, the Carbon County Adult Probation/Parole Department
and the Carbon County Correctional Facility.
Definitions
As utilized in this document, the following definitions shall apply:
1. Arrest: The apprehension, legal custody, seizure or restraint of an offender by
a law enforcement official.
2. Bail: The security or other guarantee required and given for release of a
person, conditioned upon a written undertaking, in the form of a bail bond,
that the person will appear when required and comply with all conditions set
forth in the bail bond.
3. Bail Authority: The district justice, magistrate, Philadelphia bail commissioner, or the
judge with jurisdiction over the case who is authorized by law to set, modify,
revoke or deny bail.
4. Bail Bond: A document executed by a defendant, and when applicable, one or more sureties,
whereby, the defendant agrees that while at liberty after being released on
bail, he or she will appear at all subsequent proceedings as required and
comply with all the conditions of the bail bond.
5. Bail
Report: A concise document provided to the
issuing authority that includes socioeconomic data, prior criminal record,
demographic data and other background information on the defendant.
6. Central
Repository: The central location for the collection,
compilation, maintenance and dissemination of criminal history record
information.
7. Classificational Levels: The placement of offenders by a correctional system signifying
differential care and handling of offenders by assigning a level of supervision
according to the risk they may present to the community, the needs of the
offender and the availability of resources in the community. This
multi-dimensional process goes beyond management of the offenders for the
convenience of the agency and involves determination of the degree of
supervision necessary, as well as, the offender’s resocialization requirements.
8. Clerk of Courts: The official in each judicial district who has the responsibility and
function under state or local law to maintain the official criminal court file
and docket, without regard to that person’s official title.
9. Collateral
Contact: Communication by telephone with the
offender or communication in a manner with another person having regular
contact with the offender, such as local law enforcement official or treatment
specialist.
10. Common
Pleas Court: Trial courts of original, general
jurisdiction.
11. Commonwealth
Law Enforcement Assistance Network (CLEAN): A computer
system maintained by the Pennsylvania State Police to store information on
offenses throughout the Commonwealth.
12. Community Supervision: Regular and systematic control and guidance provided to offenders, who
are placed under the jurisdiction of the department on pretrial services
supervision.
13. Conditions of Bail
Release: A written listing of prescribed
conditions, which the offender agrees to follow while under pretrial
supervision.
14. Contraband: Any item that the offender is not permitted to possess under the
conditions of supervision, including any item whose possession is forbidden by
Federal, State or local law.
15. Control and Surveillance: The monitoring of offender behavior in the community, to ensure
compliance with court-imposed sanctions of release and to promote law-abiding
behavior.
16. Criminal
History Record Information: Information collected by criminal justice
agencies concerning individuals, and arising from the initiation of a criminal
proceeding.
17. Criminal
Justice Agency: Any court, including the minor
judiciary, with criminal jurisdiction or any other governmental agency, or
subunit thereof, created by statute or by the State or Federal constitutions,
specifically authorized to perform as its principal function the administration
of criminal justice, and which allocates a substantial portion of its annual
budget to such function.
18. Defendant:
The party against whom a civil or criminal action is
brought.
19. Detainer:
An internal administrative mechanism to assure that
an inmate subject to an unexpired term of confinement will not be released from
custody until the jurisdiction asserting violations of supervision has had an
opportunity to act by taking the inmate into custody or by making a revocation
determination.
20. Disposition: Information indicating that criminal proceedings have been concluded.
21. Dissemination:
The oral or written transmission or disclosure of
criminal history record information to individuals or agencies other than the
criminal justice agency, which maintains the information.
22. Exigent Circumstances: Includes, but is not limited to, suspicion that contraband or other
evidence of violations of the conditions of supervision might be destroyed or
suspicion that a weapon might be used. Exigent circumstances always exist with
respect to a vehicle.
23. Issuing Authority: Any public official having the power and authority of a magistrate, a
Philadelphia bail commissioner, or a district justice.
24. Major
Violations: Inappropriate behavior by the offender,
which does pose a serious threat to
himself, others, property or the community.
25. Management Information
Systems: Automated or manually collected data and
records utilized for planning, research and evaluation.
26. Minor
Violations: Inappropriate behavior by the offender,
which does not pose a serious threat
to himself, others, property or the community.
27. National
Crime Information Center (NCIC): A computerized system run by the Federal
Bureau of Investigation in order to track offenses throughout the United
States.
28. New
Criminal Offense Violation: A violation of the conditions of release, which violation is for a new
criminal arrest or conviction.
29. Offenders: Those individuals who have committed a criminal act and have been placed
under the jurisdiction of the department for supervisory purposes.
30. Offense Tracking Number
(OTN): A number given by a court to each
specific case.
31. Originating
Agency Identifier (ORI): A number given to each agency by the
Pennsylvania State Police in order to track those agencies submitting
information to the central repository.
32. Personal
Contact: Face-to-face contact with the offender,
either in a formal office setting or in the community.
33. Personal Search: A warrantless search of an offender’s person, including, but not limited
to, the offender’s clothing and any personal property which is in the
possession, within the reach or under the control of the offender.
34. Praecipe: An original writ commanding the defendant to do the act required. Also,
an order addressed to the clerk of court, requesting the issuance of a
particular writ.
35. Pretrial Services Program: A program designed to monitor the activity of criminal offenders
released on bail status under certain court imposed conditions, pending final
disposition of the criminal charges.
36. Prima Facie: Literally, “on its face”. Evidence is said to be prima facia when,
standing alone, it amounts to the degree of proof needed to make a particular
finding.
37. Property Search: A warrantless search of real property, vehicle or personal property,
which is in the possession or under the control of the offender.
38. Real Property: Any residence or business property of the offender, including all
portions of property to which the offender has access.
39. Release On Recognizance
(ROR): Release conditioned only upon the defendant’s
written agreement to appear when required and to comply with the conditions of
the bail bond in Rule 526(A).
40. Release
on Nonmonetary Conditions: Release
conditioned upon the defendant’s agreement to comply with any nonmonetary
conditions, as set forth in Rule 527, which the bail authority determines are
reasonably necessary to ensure the defendant’s appearance and compliance with
the conditions of the bail bond.
41. Release
on Unsecured Bail Bond: Release
conditioned upon the defendant’s written agreement to be liable for a fixed sum
of money if he or she fails to appear as required or fails to comply with the
conditions of the bail bond. No money or other form of security is deposited.
42. Release
on Nominal Bail: Release
conditioned upon the defendant’s depositing a nominal amount of cash which the
bail authority determines is sufficient security for the defendant’s release,
such as $1.00, and the agreement of a designated person, organization, or bail
agency to act as surety for the defendant.
43. Release
on a Monetary Condition: Release
conditioned upon the defendant’s compliance with a monetary condition imposed
pursuant to Rule 528. The amount of the monetary condition shall not be greater
than is necessary to reasonably ensure the defendant’s appearance and
compliance with the conditions of the bail bond.
44. Security: Shall include cash, certified check, money order, personal check or
guaranteed arrest bond or bail bond certificate.
45. Surety: A person, who agrees to be responsible for another’s debts or
obligations.
46. Technical
Violation: A violation of the conditions of release,
which violation is other than a new criminal arrest or conviction.
47. Warrant: A legal document issued by the Court or the adult probation/parole
department that authorizes a law enforcement agency or other legal authority to
apprehend an offender and commit him to prison.
48. Workload Formula: An administrative strategy
for the analysis of quantifiable objectives and time factors for an employee
performing their functions over a specific time period. Employees have a
relatively fixed amount of total time available to complete job tasks in an
identifiable time frame.
Authority and Policy Statement
Authority: This policy statement has been developed
pursuant to and in accordance with statutory requirements, local rules
established by the Carbon County Adult Probation/Parole Department and through the
formal adoption by the Carbon County Court of Common Pleas through
administrative court order.
Policy Statement: The Carbon County Adult Probation/Parole
Department and Carbon County Court of Common Pleas recognizes that defendant’s
placed on bail must be held accountable to the conditions of release imposed by
the issuing authority, whereby the active community supervision will ensure
public safety and the appearance of the defendant at court hearings.
Additionally, non-adversarial information shall be provided to the court for
bail consideration and sentencing decisions.
Principles and Approach to Pretrial Services: Pretrial release programs do not release defendants, judges alone are
responsible for setting and releasing individuals on bail. Pretrial programs
are responsible for providing accurate information and assessments to the court
or issuing authority that assist judges in an appropriate bail determination.
Furthermore, defendants are presumed innocent and entitled to be treated as
such at the point of pretrial intervention.
Pretrial Services Program
Goals and Objectives: The
Carbon County Pretrial Services Program is designed to accomplish the
following:
2. To help facilitate
judicial release decisions by providing the courts with factual information
about the defendants in the timeliest manner possible.
4. To establish
a process that would improve the release from detention appropriate pretrial
detainees who may respond to an alternative form of supervision and treatment.
5. To identify, assess
and refer drug/alcohol dependent offenders accused of non-violent offenses to
appropriate community based treatment facilities.
6. To
promote pretrial arrestee accountability through community supervision and
treatment.
7. To
provide non-adversarial information to the court for bail consideration and
sentencing decisions.
Duties and Powers of the Carbon County Pretrial Services Program: Pursuant to 42 Pennsylvania Rules of Criminal Procedure, Rule 530,
the Carbon County Court of Common Pleas, by local rule (See Administrative
Court Order No. 9-2004), shall establish and designate the Carbon County
Adult Probation/Parole Department as the agency responsible for the
administration of the pretrial services project. The department shall be
responsible for the following:
1. To gather
information about defendants relevant to bail decisions.
2. To make
recommendations to the bail authority concerning the types of release and the
conditions of release on bail for individual defendants.
3. To supervise defendants
when so designated by the bail authority.
4. To make reasonable rules
and regulations to implement the bail agency’s functions.
Target Population: Under the local rules of criminal procedure adopted by the Carbon County
Court of Common Pleas, the following defendant’s shall be automatically
referred to the Carbon County Pretrial Services Program for supervision and
monitoring:
1. Defendants or surety, who
post the full amount of the monetary condition as imposed by the court, judge
or issuing authority (See 42 Pennsylvania Rules of Criminal Procedure, Rule
528).
2. When the judge, court or
issuing authority so orders, a sum of money not to exceed ten percent (10%) of
the amount of bail set is posted by the defendant or surety (See 42
Pennsylvania Rules of Criminal Procedure, Rule 528).
3. When the judge, court or issuing
authority imposes nonmonetary conditions of release on bail and reporting
requirements are imposed for pretrial intervention (See 42 Pennsylvania
Rules of Criminal Procedure, Rule 526 and 527).
Ineligible Offenders: The following defendants shall be
declared ineligible for participation in the pretrial services program,
unless otherwise court ordered:
1. Defendants afforded bail
for indirect criminal contempt.
2. Fugitives from
Justice.
3. Probation, Parole and
intermediate punishment violators.
4. Bail posted by a licensed
bondsman.
5. Defendants who post
realty as bail.
Referral Process: When an offender posts bail, the offender and/or surety shall be provided
a copy of the Notice to Appear correspondence by the issuing authority, the
Clerk of Court’s Office and/or prison officials. The defendant and surety shall
report to the Carbon County Adult Probation/Parole Office on the next available
working day (See Page 30 of this Policy Statement ).
Workload Management
Goals and Objectives of Workload
Management: A workload approach to pretrial services
management is designed
to address the following:
1. To provide information and data for
budget justification and support.
2. To enable an agency to adequately
allocate its resources.
3. To enhance agency accountability.
Pretrial Services Workload Formula: A workload formula shall be developed and applied to the
allocation of tasks to full-time pretrial service personnel. This formula
shall be reviewed on an annual basis.
Reporting: Pretrial service personnel shall report directly to the Chief Adult
Probation/Parole Officer or supervisor. The
supervisor shall conduct caseload reviews from an administrative and case
management perspective.
Assignment of Work Tasks: All work associated with pretrial services shall be allocated to the
Pretrial Services Officer
through a workload formula that shall consider the following factors:
1. Legal requirements of adult offenders.
2. Supervision levels based on a
departmental classification system.
3. Geographic location of adult offenders
for purposes of computing travel time.
4. Training, investigative and
administrative tasks required.
Identification of Workload Factors: To develop an effective workload formula, the following factors shall be
considered:
1. Identification of pretrial
services/diversion duties and responsibilities.
2. Measurement of an assigned task to
final completion.
3. Development of a classification system
for pretrial service offenders.
4. Translation of task assignments into
specific time factors that can be analyzed in a quantitative manner.
Implementation: The workload formula shall be implemented as follows:
1. The Pretrial Services Officer shall be
assigned all pretrial diversion offenders, unless a conflict of interest
exists. The employee will be responsible for the offender from initial intake
to final disposition. Also, the employee will be responsible for all other
functions associated with the operation of a pretrial services program.
Adjustments or modifications to this formula can only be accomplished by the
Chief Adult Probation/Parole Officer or the Court.
Conflict of Interest
Departmental Policy: Any situation when a staff member has competing professional or
personal obligations or personal or financial interests that would make it difficult
for him or her to fulfill his or her duties fairly. A conflict of interest may
occur under the following circumstances:
1. A staff member’s private interest
differs from his or her professional obligations to the court.
2. Professional actions or decisions occur
that an independent observer might reasonably question.
3. A conflict depends upon situation and
not the character or actions of the individual.
4. A family member, friend, associate or
any other individual that is closely connected with an employee of the
department.
Duty to Disclose: An officer that has a foreseeable conflict of interest with a
potential offender must advise his or her immediate supervisor. The supervisor
will investigate the conflict and if necessary, reassign the case. In those
circumstances when an offender is closely related or associated with a
departmental employee, then the court will be notified and the case referred to
the Pennsylvania Board of Probation and Parole or a neighboring county for
possible supervision.
Gift Policy: See Article 49 of the Common Pleas Court of Carbon
County Personnel Policy and Procedure Manual for Court Employees.
Disciplinary Process: Any violation of this section may result in disciplinary action,
including termination.
Intake Process
Initial Interview: When a defendant is referred for pretrial services intervention, the
following documentation shall be completed by the intake officer:
1. Offender
facesheet.
2. Conditions
of bail.
3. Surety
responsibility form, if applicable.
4. Bail
Information Sheet.
5. Release
of information form, if applicable.
6. Photograph
of the defendant.
Offender Facesheet: The intake officer shall gather all demographic information concerning
the defendant and all other bail information using this departmental form.
Conditions of Bail Release: The intake officer shall review the standard conditions of bail release
and any other special conditions imposed by the issuing authority or court (See
Pages 31 & 32 of this Policy Statement).
Purpose of Imposing Conditions: Conditions of the pretrial services
program shall serve three purposes:
1. To ensure the
appearance of the offender as required by the bond.
2. To
assist the offender during the pre-verdict phase.
3. To
protect the safety and security of the community.
Authority to Impose Conditions of Bail: The issuing authority or court shall attach such reasonable conditions of
bail, which are least restrictive in nature, and in accordance with 42
Pennsylvania Rules of Criminal Procedure, Rule 526, 527 and 528.
Modification of Bail Order: The issuing authority or judge of common pleas may modify the bail order
in accordance with 42 Pennsylvania Rules of Criminal Procedure, Rule 529.
Electronic Monitoring Condition: Any defendant placed in the pretrial services program with a special
condition of electronic monitoring imposed by the issuing authority or court
shall comply with all rules and regulations of the electronic monitoring
program, including payment of all daily monitoring fees as established by the
court.
Surety Responsibility Form: The surety of the bail bond should execute this form in the presence of
the defendant and the intake officer. However, if the surety is unavailable at the
time of the initial intake, then the form shall be forwarded to the surety for
completion (See Page 33 of this policy statement).
Bail Information Sheet: The intake officer shall gather specific information concerning the defendant’s
prior criminal history and health issues (See Page 34 of this policy
statement).
Notice to Appear and Monitoring: Defendants
shall be provided written notification by the issuing authority for all
scheduled hearings. The pretrial services officer shall inform all program
participants of all scheduled hearings at the time of initial intake interview.
During the course of pretrial supervision, the assigned officer shall continue
to monitor court-scheduled hearings and provide appropriate levels of
notification to the defendant for appearance.
Monitoring Court Appearance Rates: In order to determine the effectiveness of the
pretrial service program, the Chief Adult Probation/Parole Officer shall
monitor and gather statistical information concerning court appearance rates
for all program participants.
Classificational Levels
Method of Supervision: There shall be three (3) levels of
classification established by the agency. Assignment criteria for each
classification level shall be developed and documented in the offender case
record to ensure conformity and equity to all offenders. The department shall
adopt the following classification levels:
1. Intensive Supervision Level and Contact
Requirements: The pretrial services officer shall
maintain four (4) face-to-face contacts and two (2) collateral contacts monthly
with the offender. Various reasons may exist for this classification level,
which may include, but are not limited to the following:
a. The instant offense was a crime against
a person of a violent or sexual nature.
b. The offender has a
severe history of mental/emotional disorders or displays chronic alcohol or
drug abuse.
c. The offender has an extensive history
of delinquent and criminal behavior.
d. The offender is delinquent and not
conforming to the prescribed conditions of bail release.
e. Officer impressions of the offender
based on prior contacts, experience, training or professionalism.
f. The
most serious offense in the criminal complaint is a felony.
2. Maximum
Supervision Level and Contact Requirements: The pretrial
services officer shall maintain two (2) face-to-face contacts and two (2)
collateral contacts monthly with the offender. Various reasons may exist for
this classification level, which may include, but are not limited to the
following:
a. The instant offense was against a
person.
b. The offender has a moderate history of
delinquent behavior.
c. The offender has a moderate history of
mental/emotional disorders or alcohol/drug abuse.
d. The offender is delinquent and not
conforming to the prescribed conditions of bail release.
e. Officer impressions of the offender
based on prior contacts, experience, training or professionalism.
f. The
most serious offense in the criminal complaint is a misdemeanor.
g.
After a plea negotiation and signed
stipulation, the felony offenses were reduced to misdemeanors.
3. Close
Supervision Level and Contact Requirements: The pretrial
services officer shall maintain one (1) face-to-face contact and one (1) collateral
contact monthly with the offender. Various reasons may exist for this
classification level, which may include, but are not limited to the following:
a. The instant offense was against a
property rather than a person.
b. The offender is a first-time adult
offender with no prior history of delinquent or criminal behavior.
c. The offender has no history of
mental/emotional disorders or alcohol/drug abuse.
d. The offender is conforming to the
prescribed conditions of release.
e. Officer impressions of the offender
based on prior contacts, experience, training or professionalism.
f. The
offender was placed on ROR or unsecured bond.
g. After a plea negotiation
and signed stipulation, the felony offenses were reduced to misdemeanors or the
defendant was referred to the ARD Program.
Administrative Supervision Level- Contact Requirements: There shall be four (4) levels of classification established for
administrative cases. Assignment criteria for each classification level shall
be developed and documented in the offender case record to ensure conformity
and equity to all offenders. The department shall adopt the following
administrative classificational levels:
1. Administrative Intensive
Supervision Level and Contact Requirements: The pretrial
services officer shall maintain four (4) personal contacts and two (2)
collateral contacts monthly with the offender. Various reasons may exist for
this classificational level, which may include, but are not limited to the
following:
a. See this policy statement for intensive
supervision level and contact requirements.
b. The defendant resides
outside Carbon County, is incarcerated or has been admitted to an inpatient
treatment facility.
c. Officer impressions of the offender
based on prior contacts, experience, training or professionalism.
2. Administrative
Maximum Supervision Level and Contact Requirements: The pretrial services officer
shall maintain two (2) personal contacts and two (2) collateral contacts
monthly with the offender. Various reasons may exist for this classification
level, which may include, but are not limited to the following:
a. See this policy statement for maximum
supervision level and contact requirements.
b.
The defendant resides outside Carbon
County, is incarcerated or has been admitted to an inpatient treatment
facility.
c. Officer impressions of the offender
based on prior contacts, experience, training or professionalism.
3. Administrative Close: The pretrial services officer shall maintain one (1) personal contact and
one (1) collateral contact monthly with the offender. Various reasons may exist
for this classification level, which may include, but are not limited to the
following:
a.
See this policy statement for close
supervision level and contact requirements.
b.
The defendant resides outside Carbon
County, is incarcerated or has been admitted to an inpatient treatment
facility.
c.
Officer impressions of the offender based
on prior contacts, experience, training or professionalism.
Administrative Jail: The pretrial services officer shall maintain contact with the institution
housing the defendant and verify a minimum release date.
Administrative Reporting Schedules: When an offender resides outside the jurisdiction of the department and
is not being supervised by another department, then the following types of
administrative reporting schedules shall be acceptable:
1. Mail-in Reporting: An offender placed on this reporting schedule shall maintain contact
with the assigned officer in accordance with departmental requirements. The
assigned officer shall provide the offender with a sufficient amount of mail-in
forms upon placement on this type of reporting schedule.
2. Phone-in reporting: An offender placed on this reporting schedule shall maintain contact with
the assigned officer in accordance with departmental requirements.
Offender Contact Requirements
Documentation of Contacts: The assigned officer shall document all
personal and collateral contacts in the offender’s case record.
Office Contacts: The department recognizes that certain
circumstances may exist that prevents an officer from maintaining face-to-face
contacts with an offender in the field. Therefore, special provisions exist for
officers to schedule offenders for office appointments on a random basis.
However, the department discourages officers from frequently relying on this
method of supervision to replace community-based contacts since an after-hours
work schedule is available for officers to contact offenders.
Collateral Contacts- Law Enforcement Authorities: The department mandates that officers maintain collateral contacts with
local law enforcement authorities to enhance community supervision. This type
of contact is an excellent source of information concerning the offender’s
adjustment in the community. The frequency of law enforcement collateral
contacts shall be established based on the minimum requirements of the
classification level assigned to the offender.
Initial Field Contact: The initial contact with the offender
shall take place at the offender’s residence within ten (10) scheduled field
days from receipt of the case. The purpose of the initial field contact is to
verify the residence, obtain a layout of the residence, verify all occupants of
the residence, determine whether the possibility exists that weapons or illegal
contraband could exist within the residence and determine whether the residence
is a suitable environment for the offender’s successful community adjustment.
Portable Breath
Testers, Urine Collection and Drug Testing Procedure
Authority to Drug Test: The Carbon County Court of Common Pleas has established, as a general
condition of bail, that it shall be a violation of supervision to
possess/control/consume/sell narcotics, dangerous drugs or other controlled
substances without a valid prescription. Therefore, drug testing of offenders
should be unannounced, unless otherwise Court ordered, or depending on
individual needs as determined by the assigned officer. Scheduled urine screens
with the Carbon-Monroe-Pike Commission are permissible under this policy
statement.
Assessment and Screening
Assessment and Initial Interview: During the initial intake phase, the officer shall interview the
offender and gather information concerning the offender’s present and past
history of substance abuse. The officer shall also consider the following when
assessing an offender’s substance abuse history:
1.
Risk/Needs Assessment
2. Bail
Information Sheet or Bail Report
3. Presentence Investigation
4. Prior criminal history record
5. Police reports
Referral Process: During the
assessment and screening phase, the assigned officer shall identify whether the
offender has a substance abuse problem. A treatment plan shall be developed and
the offender referred to the Carbon-Monroe-Pike Drug/Alcohol Commission for
either urine screening or counseling, if court ordered.
Portable Breath Testers
Breathalyzers: Offenders suspected of alcohol consumption in violation of their
conditions of release shall be tested using any of the following methods:
1. Use
of the agency breathalyzer.
2. Collection of a urine sample to be
tested by a laboratory.
Offender Urine
Collection & Testing Requirements
Collection of the Urine Sample: In order to ensure that the sample has
not been adulterated, the officer must observe the offender purge into the
collection container. Furthermore, if collecting the sample at the offender’s
residence, the officer should conduct a thorough search of the collection area
prior to securing the sample.
Drug-Free Urine Samples: An officer who observes an offender attempting to use drug-free urine
for the purpose of evading or causing deceitful results in a test for the
presence of drugs shall confiscate all items and refer the matter to
appropriate law enforcement officials for criminal prosecution (See 18 Pa.
C.S.A. § 7509).
Minimum Urine
Collection Guidelines
When it is determined that the offender has a
substance abuse problem or the instant offense is drug-related, then the
following minimum urine collection guidelines shall apply to all offenders
placed under the supervision of the department:
1. Intensive Supervision: Offenders placed
on this level of supervision shall have a minimum of four urine samples
collected monthly.
2.
Maximum Supervision: Offenders placed on this level of supervision shall have
a minimum of two samples collected monthly.
3. Close Supervision: Offenders placed on
this level of supervision shall have a minimum of one sample collected monthly.
Administrative Cases: Although this section of the policy
statement is not compulsory, the department recognizes that offenders placed on
this level of supervision and reside outside the jurisdiction of the department
are difficult to contact. Therefore, when court ordered, the officer shall
attempt to coordinate with a facility in the offender’s jurisdiction to collect
and tests urine samples.
Random Urine Collection: Offenders not suspected of substance abuse or are unfamiliar to the
department or officer shall be subject to random urine screens, which means
that the officer shall secure one sample every three months.
Response to Positive Urine Screens
Discussion: Offenders under the supervision of the department
must be held accountable when they test positive for illegal substances or
alcohol. If offenders can violate the rules and regulations of release and fail
to observe other requirements of supervision without any consequences, then
none of the goals of community supervision, such as public protection,
treatment and punishment can be achieved.
Positive Urine Screen: When an offender tests positive
for an illegal substance, the officer shall consider the following sanctions:
1. Issue a written violation and complete
an offender admission report.
2. Refer the offender for
drug/alcohol treatment.
3.
Increase the frequency of the offender
urine schedule.
4.
File a petition to revoke supervision.
Termination from Urine Screens: When an offender has successfully completed drug/alcohol treatment, then
the offender may be terminated from a urine screen schedule. Further collection
of random urine samples shall be at the discretion of the officer.
Other Violation Process
Failure To Report After Placement in Program: An offender, so ordered by the court, to report to the Carbon County
Adult Probation/Parole Office for participation in the Pretrial Services
Program and fails to do so, shall be subject to the following procedure:
1. The Pretrial Services
Officer shall send certified and regular mailings to the offender’s last known
address scheduling an intake appointment,
2. Failure by the defendant
to report for the intake appointment shall result in the issuance of a warrant
for the offender’s arrest and the filing of a Petition to Revoke Bail.
Investigation of Technical Violations: The assigned
officer shall investigate all technical violations of the prescribed conditions
of supervision within five working days. All witnesses, victims, police
officers or interested parties involved with the alleged violations shall be
contacted and interviewed by the officer. All relevant documentation shall be
obtained and recorded in the offender’s case record. Written violations reports shall be signed by
the offender within ten working days after initial contact with the offender
and submitted to the Chief Adult Probation/Parole Officer for review and
approval.
Investigation of New Criminal Offense Violation: When an offender is arrested for new criminal
charges, the assigned officer shall obtain the criminal complaint and affidavit
of probable cause from the arresting agency. Typically, a bail revocation
hearing shall be scheduled after a Primia Facia case has been
established by the Minor Judiciary.
Levels of Review: The department, the Court or issuing
authority shall prescribe the levels of review and decision making process for
violations of the conditions of release as follows:
1. First
Level: At this level, when infrequent or isolated minor
violations of supervision occur, then the following initial violation process
shall be utilized:
a. Verbal
Reprimand: The assigned field officer can resolve
infrequent or isolated minor violations of supervision with direct consultation
with the offender. All verbal reprimands shall be documented in the offender
case record.
2. Second
Level: At this level, when continued minor violations of
supervision occur or a major violation occurs, then the following violation
process shall be utilized:
a. Written
Reprimand: The assigned field officer can resolve
repeated minor violations or a major violation of supervision with direct
consultation with the offender through a written violation report. All
violation reports shall be placed in the offender case record, a copy provided
to the offender and the original submitted to the Chief for review.
3. Third
Level: At this level, when frequent and repeated minor
violations or major violations of supervision occur, then the following
violation process shall be utilized:
a. Administrative
Conference: Frequent and repeated minor or major
violations of supervision shall result with direct consultation with the Chief
Adult Probation/Parole Officer, the assigned officer and the offender. The original administrative conference
report shall be retained in the offender’s case record with a copy furnished to
the offender.
4. Fourth
Level: At this level, when frequent and repeated
minor or major violations of supervision occurs, and the offender’s has not
conformed to the conditions of release and has not made an adequate adjustment
in the community, then the following violation process shall be utilized:
a. Arrest Warrant: Repeated violations of supervision for minor or major violations will
result in the issuance of an arrest warrant pursuant to this policy statement.
b. Revocation
Petition: Repeated violations of supervision for
minor or major violations will result in the filing of a revocation petition
with the Clerk of Courts Office or notification with the appropriate
Magisterial District.
Progression of Review: Generally, progressive levels of review
shall not be required in situations where the offender’s actions or violations
of supervision pose a serious threat to himself, property, others or the
community.
Minor Violations of Supervision: The following is a list of minor violations of supervision:
1. Failure to report to the assigned
pretrial services officer as directed.
2. Change of residence without knowledge
of the pretrial services officer.
3. New arrest for a summary offense.
4. Leaving the Commonwealth of Pennsylvania.
5. Failure to report to a treatment agency
for counseling or urine testing.
6.
Any other violation, which does not pose
a serious threat to the offender, property, others or the community.
Major Violations of Supervision: The following is a list of major violations of supervision:
1. New arrest for Misdemeanor or Felony
offenses.
2. Possession of controlled substances or
drug paraphernalia.
3. Positive urine screen.
4. Failure to appear
for court scheduled hearing.
5. Alcohol possession or consumption, when
applicable.
6. Intimidation or retaliation against
witnesses or victims.
7. Any other violation, which poses a
serious threat to the offender, property, others or the community.
8. Violation of any specific condition
imposed on the offender by the court or issuing authority.
9. Relocating from the approved residence
and the offender is considered an absconder.
10. Repeated minor and major violations.
11.
Failure to
permit officer access to residence
12. Possession
of weapons, if applicable.
Officer Recommendations: Officers completing and presenting
written violation reports to the Chief Adult Probation/Parole Officer shall
include appropriate recommendations for corrective action or case disposition.
Annual Review: The Court and the department shall
conduct an annual assessment of all categorized violations of
supervision.
Investigation of Detected Program Violations
The assigned officer or on-call officer
shall investigate all violations of the pretrial services program immediately
after detection. All relevant information and documentation concerning
violations shall be obtained with all persons involved being interviewed, if
applicable. Upon determination of the specific violation, the officer shall
follow the violation process as described in this policy statement.
Investigation
of Program Violations (After Normal Business Hours)
Response to program violations after
normal business hours shall occur as follows:
1. On-Call Schedule: The Chief Adult Probation/Parole Officer shall prepare and post an
on-call schedule. All Adult Probation/Parole Officers will be scheduled and
rotated on a weekly basis and shall be responsible for the following:
a.
The on-call officer must wear the
digitized pager at all times. Failure to respond to a page will result in
appropriate disciplinary action.
b. The on-call officer will
be responsible for the pager. If the pager is damaged or lost, the cost of the
pager may be assessed to the officer if negligence is determined.
c. Modifications to the
on-call schedule are permitted. Prior arrangements shall be made with the Chief
to ensure proper coverage.
2. Home Electronic
Monitoring Violations: In the event that an electronic
monitoring violation occurs, the following procedures shall be utilized:
a. The central monitoring
station has been provided a procedure to notify the Carbon County
Communications Center for program violations.
b. The Carbon County
Communications Center shall be provided all officer pager numbers and personal
telephone numbers.
c. An intermediate
punishment program manual will be provided to all officers as a reference
guide. All telephone numbers will be available within the manual.
d. When the pretrial
services on-call officer is notified of a program violation, the officer
shall respond to the page immediately. If the violation is for home electronic
monitoring, the officer shall contact the central monitoring station to
determine the nature of the violation. If the monitoring center cannot correct
the problem, then the officer shall contact the offender to resolve the
problem. If the problem cannot be rectified over the telephone, then, the
on-call officer must respond to the residence to investigate the violation.
However, before conducting the field investigation, the officer shall contact
the back-up on-call officer for authorization and then contact the general
supervision on-call officer for possible assistance. The pretrial services
on-call officer shall not conduct a field investigation alone and without
proper authorization from a supervisor.
Supervisor Unavailable After Hours: When the primary on-call officer receives an after-hours page
concerning a program violation and the secondary on-call officer or other
supervisor cannot be contacted, then the primary on-call officer shall rely on
experience, judgment and this policy statement when conducting a field
investigation or detaining an offender. Authorization shall be implied under
these circumstances.
Violations at Minor Judiciary Level: If an offender placed under pretrial services violates any conditions
of the program, and the defendant has not had a preliminary hearing, then the
officer shall notify the appropriate magistrate and inform the court of the
nature of the violations.
Search and
Seizure
Authority to Conduct Search and Seizure: As a standard condition of the pretrial services program, all adult
probation/parole officers are in a supervisory relationship with their
offenders. The purpose of this supervision is to assist the offenders in their
rehabilitation and to protect the community. Therefore, pretrial offenders
shall be subject to searches of their property, person or vehicle at the
request of the officer.
Reasonable Suspicion Standard: An adult probation/parole officer may conduct a search if there is
reasonable suspicion to believe that the offender possesses contraband or other
evidence of violations of the conditions of supervision. The following factors,
where applicable, may be taken into account:
1.
The observations of the officer.
2.
Information provided by others.
3. The activities of
the offender.
4. Information
provided by the offender.
5. The
experience of the officers with the offender.
6. The
experience of the officers in similar circumstances.
7. The
prior criminal and supervisory history of the offender.
8. The
need to verify compliance with the conditions of supervision.
Other Circumstances for Search: An officer may conduct a search under the
following circumstances:
1.
When an offender is transported or taken into custody;
2.
A property search may be conducted by any officer if there is
reasonable suspicion to believe that the real or other property in the possession
of or under the control of the offender contains contraband or other evidence
of violations of the conditions of supervision.
Supervisor Approval: Prior approval from a supervisor to conduct a property search
shall be obtained absent exigent circumstances. No prior approval shall be
required for a personal search. Exigent circumstances shall include, but not
limited to:
1.
Officer safety.
2.
Strong suspicion that the contraband might be destroyed.
3.
The offender may be in possession of a weapon.
4.
The property is a vehicle.
5.
A supervisor is unavailable for approval.
Written Report: A report of every property search conducted without supervisor
approval shall be prepared by the officer and filed in the offender’s record.
The exigent circumstances shall be stated in the report.
Arrest Process
Authority to Arrest Offenders in a Pretrial Services Program: Pursuant to the requirements of 42
Pennsylvania Rules of Criminal Procedure, Rule 536, the Carbon County Adult
Probation/Parole Office is the recognized bail agency for the Common Pleas
Court and shall have the authority to arrest offenders in violation of the
conditions of bail ((See Administrative Court Order No. 17-2001),
Use of Force Model:
See Administrative Court Order 20 – 2003.
Factors Determining Arrest of an
Offender: The following factors should be
considered by the officer when considering to arrest a pretrial service
offender:
1. The
risk the offender poses to the community.
2.
The offender was arrested for a new
criminal offense.
3. The
offender has continued to use illegal substances.
4. The
offender has repeatedly committed minor and/or major violations.
5. The
offender has absconded from supervision.
6. The offender has engaged
in conduct, which threatened the safety and well being of the community and
others.
7. The
offender has not followed through on his/her treatment plan.
8. The
offender possessed or controlled weapons or firearms.
9. The
offender had contact with the victim, witnesses or other family members of the
victim.
10. Other
factors, in the opinion of the officer, that poses a threat to the community.
Arrest Planning
Planned Field Arrest: Prior to effectuating any arrest, the arrest team shall consult with
his/her immediate supervisor and consider the following:
1. The
offender’s propensity for violence.
2. The
offender’s criminal history, including the instant offense on supervision.
3. Availability
of law enforcement personnel for assistance.
4. Lay-out of dwelling,
including number of residents or significant others, whom may be present.
5.
Task assignments to officers
participating in the arrest.
6.
There shall be no less than four officers
present for a planned arrest.
Planned Office Arrest: When offenders are arrested in the department, the following shall be
considered when making an office arrest:
1. The
offender shall be arrested inside the office setting, and not in the hallway.
2. All agency personnel
present shall be notified by the assigned officer that the offender is going to
be arrested.
3. The Sheriff’s Department
shall be notified of any arrest, regardless of the availability of deputy
sheriff’s.
4. Typically, the Sheriff’s
Department shall transport the offender to prison, however, if Deputy Sheriff’s
are unavailable, then two adult probation officers shall transport the offender
to prison.
5. Conduct a systematic search of the
offender prior to leaving the office.
Field Arrest: When offenders are arrested in the field, the following procedure shall
be considered:
1. Consult with an immediate supervisor in
order to properly plan the arrest.
2. Notify the local police
department that an arrest is being made in their jurisdiction and request
assistance, if available.
3. See
Arrest Planning of the policy statement.
Request for Law Enforcement Assistance: County adult probation/parole officers may lawfully request assistance
of local law enforcement personnel other than another adult probation officer,
to arrest an offender for technical violations without a warrant or court order
{See Commonwealth v Lyons, 555 A.2d 920, 382 Pa.Super 438, 1989 and 61 P.S.
§ 309.1}. Absence of adult probation officer at time local law enforcement
personnel effectuated warrantless arrest for technical violation did not render
arrest illegal where arrest was made pursuant to adult probation officer’s
request {See 16 P.S. § 1216; 61 P.S. § 309.1; 42 Pa.C.S.A. § 8952 and 42
Pa.C.S.A. § 8953}.
Sheriff’s Department Jurisdiction: Deputy Sheriff’s have express authority to assist adult probation
officers in effecting warrantless arrest for violators, even though outside
their own jurisdiction {See Commonwealth v Lyons, 555 A.2d 920, 382 Pa.Super
438, 1989 and 61 P.S. § 1216; 61 P.S. § 309.1; 42 Pa.C.S.A. § 8952 and 42 Pa.C.S.A.
§ 8953}.
Petition to Revoke Bail: When a determination is made that the defendant is no longer
amenable to supervision, then a Petition to Revoke Bail shall be completed and
filed with the Clerk of Courts Office (See Page 35 of this Policy Statement).
Warrant for Arrest: When a determination is made that the defendant is no longer
amenable to supervision and considered a risk to the community, then a warrant
for arrest shall be executed (See Page 35 of this Policy Statement).
Detainers: When an offender is incarcerated on unrelated criminal offenses
that occurred while on bail supervision, then a detainer may be lodged against
the defendant (See Page 36 of this Policy Statement).
Supervisor Approval: All Petitions to Revoke Bail and Warrant for Arrest must be
reviewed and approved by a supervisor prior to submission to the court.
Critical Incident Report: See Administrative Court Order 20 – 2003.
Bail Reports
Primary Purpose: The primary purpose of the bail report
is:
1. To provide the issuing
authority or court with timely, relevant and accurate information concerning
the offender,
2. To collect information
necessary for making a bail determination.
New Admissions: The pretrial officer shall contact the Carbon County Prison daily for
all new prison admissions and obtain all identifying information from prison
administration on the inmate.
Timetables for Completion: The pretrial services officer shall
conduct a timely interview with the defendant at the earliest time possible
after the arrest and commitment to prison. Ideally, the officer should conduct
the initial interview within twenty-four (24) hours of detention on weekdays
and seventy-two (72) hours of detention on weekends.
Universal Screening: Except in those cases where the court
has no jurisdiction to effect release, all defendants in custody shall be
interviewed, regardless of the nature of the instant offense. The following
exceptions shall apply:
1.
Indirect criminal contempt (PFA
Violators).
2.
Bench Warrants for Failure to Appear or
Domestic Relations.
3.
Probation/Parole violators.
4. Fugitives From Justice.
Agency Resources and Assignment of Reports: The agency has created a specialized unit that processes and completes
all bail reports through the pretrial services division. The Chief shall assign
all bail reports to the pretrial services officer. However, whenever time
constraints prohibit, or resources are limited, the Chief or other staff
personnel may assist in the preparation of these reports. Also,
universal-screening practices may be adjusted to maximize the impact of
pretrial intervention when workloads may prohibit such screening procedures.
Necessary Documentation From Issuing
Authority or Magistrate: When an offender is incarcerated and a
bail interview is required, the pretrial services officer shall obtain a copy
of the criminal complaint, affidavit of probable cause and the bail piece from
the appropriate Magistrate.
Criminal History Records: Once the pretrial services officer obtains the identifying information
from prison officials, the officer shall immediately notify the Carbon County
Communications Center to obtain a criminal history on the offender through the
Commonwealth Law Enforcement Assistance Network (CLEAN) as follows:
1. Complete a request for
criminal history form as developed by the 911 Communications Center and submit
the form to the center with the department’s Originating Agency Identifier
(ORI).
2. Once the agency is operational with the
Justice Network (JNET), then the officer will be able to generate his or her
own criminal history for Pennsylvania.
3. However, until
operational, if the offender has an out-of-state criminal history, then the
officer shall request from the 911 Communications Center a criminal history
through National Crime Information
Center (NCIC).
Initial Interview and Collection of
Information: The pretrial services officer shall
conduct a structured interview with the defendant, either face-to-face or by
video conferencing. The officer shall gather information from the defendant
using the following areas of discussion:
1.
Criminal history information
2.
Employment history
3.
Marital information
4.
Financial information
5.
Medical/Health Information
6.
Military Information
7.
Family History
8.
Community and Neighborhood Information
9.
Educational Information
10.
Identifying Information
Questions Concerning the Alleged
Incident: Pursuant to the requirements of 42
Pennsylvania Rules of Criminal Procedure, Rule 530 (B), the representative
of the adult probation/parole office who obtains information from the defendant
shall both orally and in writing, advise the offender that anything said may be
used against the defendant. The interview process shall not include any
questions or discussions concerning the alleged incident. Such questions may
impede the program’s ability to conduct impartial inquiry.
Training: The Chief shall determine appropriate levels
of training in the preparation of investigative reports, which shall include
specialized training involving interviewing skills and techniques or report
writing.
Interview of the Defendant: The pretrial services officer shall
interview the defendant is accordance with this policy statement. The
writer of the report must plan the interview before it actually begins. This
approach will make the interview more effective, efficient and structured,
which should reduce the risk of requiring an additional interview. Before the
interview begins, the investigator should inform the defendant of the nature
and purpose of the interview and the report. During the interview, the
investigator should develop an interview sequence, which would make the
offender more willing to communicate. The sequence should be a statement that
introduces the topic, questions that elicit the information and probes that
clarify or elaborate on the information obtained from the question. The
investigator shall record all information obtained from the defendant.
Video
Conferencing: The interviewer shall
coordinate with prison officials to conduct the interview using video
conferencing.
Content of the Bail Report: The following information shall be gathered and included in the body of
the report:
1. Identifying
Information (Cover Sheet):
a. Date of Report, Name,
Aliases, address, age, date of birth and social security number
b. Sex, Race and Citizenship
c. Education and Marital
status
d. FBI, SID and OTN Numbers
e.
Docket Number, Criminal Offenses,
Gradation, Statutory Citation and Custody Status
f. Name of Judge, Bail
Amount, Offense, Arrest and Commitment Dates
g. Detainers or other
pending charges, Co-defendants
h. Height, Weight, Eye
Color, Hair Color, Marks, Scars or Tattoos
i. Prior record history
summary
2. Criminal
History:
a. All prior juvenile
arrests or adult arrests shall be verified in writing. Exceptions shall be
permitted for telephonic verification when time constraints prohibit the
acquisition of written documentation.
b. Obtain criminal records
from rap sheets from state and federal repositories, District Attorney’s File,
Clerk of Courts Office, other probation offices, local police departments,
local magistrates, previous presentence reports, and internal management
information systems.
c. List of previous juvenile
arrest/adjudications (information must include docket number, offense date,
place of arrest, arresting agency, offense, disposition date, sentence date and
disposition).
d. List of previous adult
convictions (information must include docket number, offense date, place of
arrest, arresting agency, offense, disposition date, sentence date and
disposition).
e. Military arrests
(information must include, docket number, offense date, place of arrest, arresting
agency, offense, disposition date, sentence date and disposition).
f. Previous probation and
parole supervision (information must include revocations and failure to appear
history).
g. Detainers or pending
charges presently lodged against the defendant.
3. Family
History:
a. Name, address, age and
telephone number of biological parents or stepparents.
b. Name, address, age and
telephone number of all siblings or stepsiblings.
c. Early developmental
influences, such as physical, mental or sexual abuse which may have a
significant impact on the defendant’s present behavior or personality.
d. Attitudes of the
defendant towards his relationship with his family, including discipline,
affection or rejection.
e. Whom defendant was
reared, if other than parents.
f. Relationships with all
family members and extent of family solidarity.
g. Interview with adult
family members, who reside with the defendant, concerning defendant’s
suitability to reside at the residence, if released from prison.
h. Other significant
information provided by the defendant.
4. Marital
Status:
a. Present marital status,
including common law (include date, place, name, address, age, and telephone
number of spouse or paramour).
b. List name, age and address of all
children produced by the defendant,
including the name of the other biological parent.
c. Previous marriages (including date,
place, name of previous spouse). If divorced, cite reasons for the separation.
d. Domestic violence history,
including the filing of a protection from abuse order, (only when the instant
offense involves a victim of domestic violence).
e. Interview with spouse or
adult children, if they reside with the defendant.
f. Other significant
information provided by the defendant.
5. Home
and Neighborhood:
a. Description of home or
residence and physical verification of same, when offender resides in Carbon
County. When a defendant resides outside Carbon County, then the investigator
must verify the residence telephonically.
b.
List all prior residences, length of
residency and with whom the defendant resided.
c. Description of
defendant’s ties to the area, if any (including family or friends).
d. Other significant
information provided by the defendant.
6. Health:
a. Defendant's general
medical condition or health problems, current or previous.
b. Drug and alcohol related
history (including frequency of use; age when first started experimentation;
prior treatment; prior criminal activity related to drug/alcohol problems).
c. Mental Health related
history (including social adjustment; prior mental health treatment; reasons
for admission; discharge diagnosis).
d. Assaultive Conduct
(including any prior convictions or arrests for assaultive behavior,
impressions of the investigator as to the risk the offender poses to the
community).
e. Sexual Conduct (including
any prior convictions or arrests for sexual assaultive behavior, impressions of
the investigator as to the risk the offender poses to the community).
f. Other significant
information provided by the defendant.
7. Employment:
a. List current employer
(information must include name, address, position, wages, and dates of
employment).
b. Interview current
employer for verification purposes (information must include, name, address,
position, wages, dates of employment and risk of losing position).
c. If the defendant objects
to the investigator interviewing their employer, then the investigator shall
not conduct the interview, but include that information in the body of the
report.
d. Only include a list of
previous employers for a period of five years (information must include, name,
address, position, address, wages, dates
of employment and reason for leaving).
e. List all skills,
interests and abilities.
f. List attendance at
vocational or technical schools and certificates.
g. List other sources of
income (including disability, retirement, public assistance).
h. Other significant
information provided by the defendant.
8. Education:
a. Highest grade achieved.
b. Post high school
education.
c. Age left school and
reason.
d. Other significant
information provided by the defendant.
9. Military
Record:
a. Branch of military
service, serial number and dates of enlistment and discharge.
b. Highest grade or rank
achieved.
c. Type of discharge.
d. Other significant
information provided by the defendant.
10. Financial
Status:
a. Assets: Statement of
financial assets and general standard of living (Houses, vehicles, property,
accounts, investments, stocks, bonds, etc.)
b. Financial obligations
(Including mortgage, household expenses, child support, court costs).
c. Other significant information
provided by the defendant.
11. Sources
of Information:
a. Cite all sources of
information.
12. Official Version (Affidavit of Probable
Cause):
a. A copy of the criminal complaint shall
be included in the body of the report.
13. Supervision
Plan:
a. In all cases, the
interviewer shall identify problematic areas with the offender and recommend
special conditions to the issuing authority or judge for inclusion in the bail
piece.
14. Signature
Page:
a. Signature of investigator
and date.
b. Signature of approval by
Chief or supervisor and date.
15. Assessment Tool:
a. An assessment tool has
been developed by the department and shall be completed on every offender and
included in the body of the bail report.
Report Formats: All information shall be prepared using report formats adopted by the
court and the agency.
1. Bail
Report Format: This format focuses on a topic outline
and prepared in a narrative form, outlining key factors.
Report Writing: The report shall be prepared in a clear,
thorough and concise manner, writing in the active voice. The investigator
shall distinctly label what are opinions, conclusions and facts and cite and
identify the source, with all information being verified. The investigator
shall use wording that everyone understands and describe people, things and
events in operational terms.
Uncooperative Defendant: During the interview phase, if a defendant
fails to cooperate with the investigator, then the investigator shall notify
the issuing authority that the defendant has failed to cooperate during the
interview process.
Verification of Information: The defendant shall be informed that the
interview is designed to obtain information concerning bail consideration and
that all information gathered will be verified. The investigator shall verify
the following information:
1. Prior Criminal Record
History
2. Defendant’s Address
3. Family ties to the area
(interview adult occupants of the residence).
4. Employment or schooling
(interview employer or school officials, when applicable).
Purpose of Verification: The rationale for verification is based on the following:
1. It allows the interviewer
an opportunity to confirm the accuracy of the information gathered.
2. It may serve as a notification
to family or friends of the arrest.
3. It may provide useful
information to the court concerning serious health problems or drug/alcohol
dependency problems that may require immediate attention by the court of prison
personnel.
4. It adds credibility to
the interview information.
Address Verification: The investigator shall verify the offender’s residence using the
following standards:
1.
When an offender resides in Carbon
County, the officer must physically inspect and verify the residence to determine
whether the offender can reside there if released from custody.
2.
The officer must attempt to gain entrance
and interview a resident, however, if the officer cannot gain entrance, then
this information shall be included in the body of the bail report.
3.
Telephonic interview with a resident is
acceptable if the officer cannot gain access to the residence.
4.
When an offender resides outside of
Carbon County, then telephonic verification is required, however, if the
officer cannot contact a resident, then this information shall be included in
the body of the bail report.
5.
If the offender resides alone, then the
officer must contact the landlord or family member. If the officer cannot
contact the landlord or family member, then this information shall be included
in the body of the bail report.
6. The officer shall only include the
defendant’s prior addresses within the past three (3) years.
Objectivity: The investigator shall remain objective
when preparing the report. The writer shall avoid and eliminate previous
experiences, stereotypes, prejudices and biases when completing the report.
Documentation: During the investigative phase, the
investigator shall document all information and maintain accurate records.
Review of the Report: Prior to submission of the report to the
appropriate issuing authority, the Chief or supervisor shall review all bail
reports for investigative conduct, report preparation, content and accuracy.
Submission of the Report: The completed bail report shall be
submitted to the following parties in advance of the scheduled preliminary
hearing:
1. The issuing authority
(Magistrate).
2. The District Attorney's
Office.
3. Defense Counsel or
defendant, if unrepresented.
Confidentiality of Bail Report: Pursuant to the requirements of 42
Pennsylvania Rules of Criminal Procedure, Rule 530(C), all bail reports
shall be declared confidential and not of public record.
Confidentiality During the Investigative Process: The issue of confidentiality shall extend beyond the courtroom and shall
permeate the entire investigative process. From initial receipt, to final
disposition, the investigator shall take the necessary safeguards to ensure
that the process shall remain confidential and that no information shall be
disclosed, unless in accordance with
this policy section.
Disclosure to Other Interested Parties: Pursuant to the requirements of 42
Pennsylvania Rules of Criminal Procedure,
Rule 530(C), the bail report shall be disclosed to
the following interested parties:
1.
Defense Counsel and/or the defendant , if unrepresented,
2.
The issuing authority or judge setting the bail,
3.
The attorney for the Commonwealth,
4.
Probation Department preparing a presentence investigation,
5.
Other interested parties, provided the defendant has signed a
release of information form indicating such disclosure.
Criminal History Procedure
Criminal Justice Agencies: The Carbon County Adult Probation/Parole
Department is recognized as a criminal justice agency in the Commonwealth of Pennsylvania (See 18 Pa.C.S. § 9102).
Criminal History Records Information Security, Access and Training: All criminal history record information compiled on a criminal defendant
shall be stored in the appropriate offender case folder. All offender case folders
shall be stored in a secure area within the department, such as, locked filed
cabinets. All agency personnel shall have access to this information and shall
receive appropriate levels of training concerning this policy statement.
Right of Access and Review: Any individual or his legal
representative has the right to review, challenge, correct and appeal the
accuracy and completeness of his criminal history record information. Any
individual or legal representative requesting to review his or her criminal
history record information shall submit proper identification to the department
for the review. Any individual or legal representative that challenges the
accuracy of the criminal history record information must specify which portion
of the record is incorrect and specify what the corrected version should be.
The burden is on the defendant to prove any inaccuracies. The appellate courts
have ruled "...information concerning prior convictions in the report is
presumed to be valid, which presumption can only be rebutted by the defense,
and need not be supported by evidence from the Commonwealth unless and until a
challenge is voiced" [See 18 Pa.C.S.
§9151 and Commonwealth v. Charles, 339 Pa. Super. 284, 296, 488 A.2d 1126, 1132
(1985)]. However, the Carbon County Adult Probation/Parole Department
agency shall not provide any individual or his legal representative with any
criminal history documentation supporting the offender's criminal history
record information. The individual shall be referred to the Pennsylvania State
Police to secure and complete a “Request for Criminal Record Check”, which fee
shall be paid by the offender (See 18 Pa.C.S.A. § 9152).
Compiling Criminal History Record Information: Whenever the pretrial services officer initiates an investigation into
the offender's criminal background, the investigator shall:
1. Obtain a FBI and
Pennsylvania criminal rap sheet (through NCIC and CLEAN) from the Carbon County
Communications Center by providing the agency with the department's ORI number,
which can be obtained from the Chief Adult Probation/Parole Officer. The
investigator shall provide the communications center with the following
information on the defendant:
a. Offender's last, first
and middle name, if available.
b. Date of Birth.
c. Social Security Number.
2. Run own criminal history once JNET
connectivity is established.
3. Review the District
Attorney's Office file on the offender for possible criminal history record
information.
4. Review the department's
management information systems for possible criminal history record information
contained in an offender's case folder.
5. Review juvenile court
records.
6. Interview the defendant
concerning any prior juvenile or adult arrests, convictions or adjudications.
Juvenile Record: Whenever the investigator initiates an
investigation into the calculation of the offender's criminal background, the
investigator shall:
1. Review local juvenile court
records.
2. If the offender discloses
a juvenile record in another jurisdiction, then the investigator shall contact
the appropriate jurisdiction for juvenile arrest records.
3. Interview the defendant
concerning any prior juvenile or adult arrests, convictions or adjudications.
Verification of Criminal History Record Information: The investigator shall obtain and verify all prior adult criminal
convictions and juvenile arrests/adjudications, when time constraints permit,
as follows:
1. Obtain written
documentation from the jurisdiction requesting the following information:
a. Arresting agency and
location
b. Date of the offense
c. Criminal charges with
gradation, OTN number and Docket Number
d. Date of disposition (e.g.
guilty plea, found guilty)
e. Date of sentence and
disposition type (probation, incarceration)
f. Order of Court (guilty
plea, sentencing)
g. Previous presentence
investigations
2. The department
recognizes, that in some instances, time constraints will prohibit the acquisition
of written documentation; therefore, the pretrial investigator can verify the
above-mentioned information using telephonic means.
3. Facsimile transmissions
of documentation are acceptable.
Incomplete Prior Records: The investigator shall not record and
utilize any criminal history record information that cannot be verified through
written or oral methods, unless the defendant discloses such information and
does not contest the accuracy of the record.
Dissemination of Criminal History Record Information to Non-Criminal
Justice Agencies: All inquiries from non-criminal justice
agencies shall be referred to the Carbon County Clerk of Courts Office.
Telephonic Requests for Criminal History Record Information: When a telephonic inquiry is made by a
criminal justice agency for criminal history record information, and the source
of the inquiry is unfamiliar to the department, then a written request, on
agency letterhead, must be submitted to the department before any information
shall be disseminated.
Secondary Dissemination of Criminal History Records (Rap Sheets): Any criminal history records (rap sheets)
received by the department through a formal inquiry from the Carbon County
Communications Center is prohibited from being secondarily disclosed to any
criminal justice or non-criminal justice agency.
Training: The Chief Adult Probation/Parole Officer
shall provide appropriate levels of training concerning this policy section.
Misuse of Criminal History Records: Any departmental employee who violates this policy statement and who
obtains a criminal history record from the Carbon County Communications Center
or through JNET, other than for work-related purposes, shall be subject to
disciplinary action, including termination.
Destruction of Criminal History Records: All criminal history records, if printed through JNET, shall be shredded
after use and not stored in the offender’s folder.
Dissemination Log: When the officer provides a copy of a criminal history record to another
criminal justice agency, then a dissemination log must be completed and
attached to the offender’s folder. The log shall contain the date, agency
requesting the information, the offender’s name and case number and the person
who released the information.
Nominal Bail Requirements
Minimum Bail Amount Requirements: Whenever the
issuing authority establishes nominal bail, the following minimum bail amount
shall be used to determine participation in the Carbon County Pretrial Services
Program.
1. Minimum
Bail Amount Requirement: Whenever an offender is afforded bail in
the sum of $2,500.00 or less ($250.00/cash percentage or less), then the
offender will not be considered for pretrial service intervention, unless
otherwise court ordered.
Case Records
Offender Case Record Information: Once all intake
paperwork is completed and received by agency clerical staff, then the following case record information shall
be prepared and completed for filing and distribution:
1. Offender
Face Sheet: All sections of the offender face sheet
shall be completed and distributed to the pretrial services officer, along with
the digital photograph of the offender.
2. Case
Record Folders: All case record folders opened by the
department shall be assigned an identification file number. This number shall
be created based on a numerical sequential catalog system. Clerical staff shall
maintain a record of the assigned case record folder numbers for easy
identification and retention. All active folders shall be placed in the active
file cabinets in alphabetical order.
3. Case
Record Folder Labels: Colored coded labels will be attached to
every folder. The label information shall include the offenders name, the
assigned identification file number and the docket number, if available. Colors
assigned to the case record folders are as follows:
a. ARD
Offenders: Pink
label
b. Parole
Offenders: Yellow
label
c. Probation
Offenders: Blue
label
d. Intermediate
Punishment: Green Label
e. Pretrial
Services: White
Label
Distribution of Case Folder Documents: Clerical staff
will be responsible for all copies and the distribution of case folder
documentation to the pretrial services officer and other court related
agencies.
Security of Case Records: All case records not being utilized by
agency personnel shall be maintained in a secure location. Active case records
shall be directly supervised and controlled by the assigned officer.
Privacy of Case Folders: Information contained in the offender case
folder is strictly prohibited from disclosure to third parties, unless the
offender signs a "Consent to Obtain and Release Information Form"
stating what specific information is to be disclosed. Agency personnel are
exempt from this policy, however, any employee witnessed removing or disclosing
case record information without proper authorization and breeching offender
confidentiality shall be subject to disciplinary action, including termination.
1. Exceptions
to this Section: The following entity will have unlimited
access to the offender case folder:
a.
Carbon County Court of Common Pleas
b. Carbon County District Attorney’s
Office
Limited Access: The following agencies shall have limited access to the offender case
folder:
1. The Carbon County Children
and Youth Services.
2. Other probation/parole
agencies.
3. Military personnel
conducting background investigations.
4. Law Enforcement Agencies.
5. Defense counsel.
6. Other court-related offices.
Confidential Information: Agencies that have limited access will not be entitled to review any
treatment documentation, such as mental health or drug/alcohol reports.
Record Review: The Chief Adult Probation/Parole Officer
shall review the case record maintenance procedure on an annual basis.
Discharged Offenders: When a case record has been terminated, agency
clerical staff shall inspect and purge the offender case folder from all
duplicated documents. Records of discharged offenders shall be maintained in
accordance with procedures adopted by the Court, the agency and the Archives
Department. All inactive case folders shall be removed from the office and
retained in the Archives Department for microfilming. Destruction of all
inactive case folders shall be in accordance with policy and procedure adopted
by the Courts, the Archive's Department or statute.
Termination Criteria
Termination Criteria: The following criteria shall be utilized
to determine when an offender shall be terminated from the program:
1. Final disposition
of the criminal charges (when the offender was sentenced to ARD, probation,
parole, intermediate punishment, fine, probation without verdict or partial or
total confinement).
2. Charges were dismissed,
withdrawn or Nol Prossed.
3.
Bail was revoked and the offender was
remanded to prison.
4.
A Rule 586 was negotiated (See 42 Pa.
Rules of Criminal Procedure Rule 586).
5.
The offender was sentenced on another
matter and is currently under supervision by the department.
6.
Bail reduction to ROR or Unsecured Bond,
unless otherwise court ordered.
7.
The defendant failed to appear for a court appearance.
Petitions To Reduce Bail
Petitions to Reduce Bail: If referred
by the court for investigation, the pretrial services officer shall be given at
least twenty-four (24) hours notice of presentation of a petition by the
defendant to reduce bail in all criminal matters. Defense counsel and the
District Attorney shall make an effort to agree on an appropriate amount of
bail and any special conditions. If an agreement cannot be reached on the
petition, the Court shall schedule a hearing.
Investigation of the Petition To Reduce Bail: The pretrial services officer shall interview
and obtain the position of the assigned District Attorney on bail reduction. If
the District Attorney opposes the petition, then the pretrial services officer
shall interview the defendant and verify the contents of the petition. A bail
recommendation shall be prepared, which shall include any special conditions.
The Chief shall review the recommendation and forward the recommendation to the
Court. The pretrial services officer may be required to testify at any
subsequent bail reduction hearings.
Time Constraints for Investigation: When the pretrial services officer receives a petition for bail
reduction, the officer must complete his investigation and submit a
recommendation to the court no later than five (5) working days from receipt of
the petition. A supervisor can only make exceptions to this requirement.
Management Information Systems
Database Management: The Chief Adult Probation/Parole Officer shall maintain caseload
statistical information in a database system for all defendants placed in the
pretrial services program, as well as, maintain a roster of all bail reports
completed by the pretrial services officer.
Performance Standards
Pretrial Services Performance Standards: The pretrial services officer shall adhere to all performance standards
established by the department pursuant to the supervision of all pretrial offenders
placed under the jurisdiction of the department and pursuant to the completion
and submission of the bail report.
Disciplinary Process
Violations of this Policy Statement: Any violations of this policy statement could result in disciplinary
action, including termination (See Article 41 of the Common Pleas of Carbon
County Personnel Policy and Procedure Manual for Court Employees).
SURETY AND DEFENDANT RESPONSIBILITIES: NOTICE TO APPEAR
Under the local rules of criminal
procedure adopted by the Carbon County Court of Common Pleas, pursuant to the
requirements of 42 Pennsylvania. Rules of
Criminal Procedure, Rule 526, 527 and 528, you have posted the full amount
of bail or ten percent (10%) cash bail of the total amount of bail set by the
issuing authority. As a specific requirement of this bail bond, the surety and
the defendant are required to appear at the Carbon County Adult
Probation/Parole Department, 1st Floor Courthouse Building, Jim Thorpe,
Pennsylvania, on the next available working day. Business hours are 8:30 a.m.
to 4:30 p.m., Monday through Friday.
As surety on this bail bond, you and the
defendant have an absolute responsibility to report to the department for the proper
completion of all essential documentation concerning the defendant's and
surety's responsibilities for the bail bond. There are standard conditions of
bail and other standard forms that must be completed by the defendant and
surety. Failure to comply with these instructions may result in the forfeiture
of the full sum of the bail bond and the issuance of a warrant for the
defendant's arrest and commitment to the Carbon County Correctional Facility.
If there are any questions concerning
these instructions, please contact the Carbon County Adult Probation/Parole
Department at (570) 325-4226.
Sincerely,
Ronald
S. Kokinda
Chief
Adult Probation/Parole Officer
CARBON COUNTY COURT OF COMMON PLEAS
ADULT PROBATION/PAROLE DEPARTMENT
PRETRIAL SERVICES PROGRAM
JIM THORPE, PENNSYLVANIA 18229
OFFICE: (570) 325‑4226
EMERGENCY: (570) 325‑9123
BUSINESS HOURS: 8:30 A.M. to 4:30 P.M.
"CONDITIONS OF BAIL SUPERVISION"
NAME: CASE NUMBER(S):
_________________________________
In this judicial district as provided by local rule of court, the judge
or issuing authority has ordered your participation in the Carbon County
Pretrial Services Program effective ______________. You will be under the
supervision of the Carbon County Adult Probation/Parole Department, Pretrial
Services Division, until such time as you are legally discharged by the court
or until final disposition of your criminal proceedings. During this period of
supervision, certain conditions of bail have been imposed pursuant to the
requirements of 42 Pennsylvania Rules of Criminal Procedure, Rule 526, 527
and 528. Also, during this period of supervision, the department has the
authority, in the event of any of the following violation(s) of the conditions
of your bail release, issue a warrant for your arrest and remand you to prison
pending a bail revocation hearing pursuant to the requirements of 42
Pennsylvania Rules of Criminal Procedure, Rule 536. If the court determines
at the revocation hearing that you violated the conditions of bail, the court
may forfeit your bail money and remand you to prison pending final disposition
of the charges.
YOU
SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS:
1. You
shall appear before the issuing authority or court at all times required until
full and final disposition of the criminal proceedings.
2. Your
address
of_______________________________________________________________________________________is
your approved residence. You must give written notice to your assigned pretrial
services officer of any change of address within forty-eight (48) hours of the
date of such change.
3. You
shall report in person or writing and permit your pretrial services officer to
visit you at your residence, place of employment or any other specified
location.
4. You
will refrain from the violation of all Municipal, County, State and Federal
criminal statutes, as well as provisions of the Vehicle Code and the Liquor
Code. You must notify your pretrial services officer of any arrest or citation
within seventy-two (72) hours of occurrence.
5. You will abstain from the
unlawful possession, or sale of, narcotics, drug paraphernalia and dangerous
drugs, and abstain from the use of controlled substances within the meaning of
the Controlled Substance, Drug, Device and Cosmetic Act, without a valid
prescription. Also, you will submit to random urinalysis screening as requested
by your pretrial services officer.
6. You
will remain in the Commonwealth of Pennsylvania unless your pretrial services
officer prior to such travel has granted permission.
7. You
will report to any treatment agency recommended by the court, issuing authority
or your pretrial services officer and follow all directives and recommendations
made by the treatment facility.
8.
You shall not have any contact with
victims, witnesses or their family members, unless otherwise court ordered.
9. You will submit to
searches of your property, residence or person when requested by your pretrial
services officer when there is reasonable suspicion to believe that you have
violated the terms and conditions of the bail bond.
10. You
shall comply with any specific requirement or special conditions of release,
which may be reasonably imposed by the issuing authority of court:
_______________________________________________________________________________________
_______________________________________________________________________________________
VIOLATION PROCESS
Upon a breach of a condition of bail, the department has the authority to
issue a warrant for your arrest and remand you to prison pending a bail
revocation hearing pursuant to 42 Pennsylvania Rules of Criminal Procedure,
Rule 536. At the hearing, the issuing authority or court may declare the
bond forfeited and make a record thereof. Upon such declaration, written notice
of such forfeiture shall be given to the surety, or when there is no surety,
such notice shall be provided to the defendant. Also, the issuing authority or
court may remand you to prison pending final disposition of the criminal
proceedings.
OFFENDER GRIEVANCE PROCEDURE
A client grievance procedure has been developed to assist you if you
believe you have a legitimate complaint concerning an administrative decision,
action, policy or regulation of the department. If you believe that you have a
valid complaint concerning your supervision while on bail, you must attempt to
resolve the situation with your assigned officer. If your attempt to resolve
the situation is unsuccessful, then you must submit a written request within
ten (10) days to the Chief for review. Your complaint will be processed by the
Chief Adult Probation/Parole Officer within ten (10) days of receipt. The Chief
may rule on your complaint with or without the benefit of a formal hearing. If
a hearing is held, it would be convenient to all parties involved. The decision
of the Chief shall be final.
ACKNOWLEDGEMENT
I, hereby acknowledge that I have read, or have been read to me, the
aforementioned conditions of my supervision. I fully understand all conditions of
bail and agree to follow and comply with all directives of the department, the
court, the issuing authority and my assigned officer. Finally, I fully
understand the penalties and consequences involved should I, in any manner,
violate the conditions of bail.
OFFENDER'S SIGNATURE: DATE: _____________________
WITNESS: DATE: _____________________
SURETY: __
DATE: _____________________
SURETY RESPONSIBILITIES
As surety on this bail bond, I have read
and fully understand the following:
1. If the defendant fails to
appear at any court hearing, I as surety can be held responsible and forfeit
the full amount of bail set.
2. Certain conditions are placed
on the defendant at the time of bail release. These conditions are mandatory
and any violation could result in bail revocation. If bail is revoked by the
appropriate authority, the defendant could be returned to prison and all bail
money posted will be retained by the county.
3. I will report any change
in the defendant's status, address, telephone number, employment or court
hearings to the Carbon County Adult Probation/Parole Department immediately.
4. In the event that a
defendant is in non-compliance status with the conditions of bail release, I
understand that I cannot withdraw the defendant's bail. It is the
responsibility of the Carbon County Adult Probation/Parole Department to
petition the court for bail revocation.
______________________________ _______
Defendant's Signature Date
______________________________ _______
Surety's
Signature Date
______________________________ _______
Witness's Signature Date
Bail Information Sheet
Offender’s Name:
___________________________________ Date:
__________
1. Have
you ever been arrested as a juvenile ? ` Yes
`
No
If yes, for what?
2. Have
you ever been arrested as an adult ? ` Yes
` No
If yes, for what?
3. Do
you have any alcohol problems? ` None
` Occasional Usage ` Frequent Usage
Date
of Last Use: ___________________________________________________________
Frequency
of Use: ___________________________________________________________
4. Do
you have any drug problems? ` None
` Occasional Usage ` Frequent Usage
Substances
Used: ___________________________________________________________
Date
of Last Use: ___________________________________________________________
Frequency
of Use: __________________________________________________________
5. Do
you have any mental health problems? ` Yes
` No
6. Have
you ever failed to appear for any prior court appearances? ` Yes
` No
_____________________________________ ___________
Adult Probation Officer Signature
Date
_____________________________________ ___________
Offender’s Signature
Date
IN THE COURT OF COMMON PLEAS CARBON COUNTY, PENNSYLVANIA
CRIMINAL
COMMONWEALTH
OF PENNSYLVANIA :
:
VS : NO(S):
:
PETITION FOR REVOCATION OF BAIL
TO THE HONORABLE:
__________________________________________________________________________
The
petition of _________________________________________, of the Carbon County
Adult Probation/Parole Department respectfully represents as follows:
1. That said defendant
was afforded bail by the Honorable _________________________________ as
follows:
Date: Offense(s): Bail
Amount:
2. That said defendant
was placed on pretrial services supervision on __________________________.
3. That said defendant
has violated the conditions of bail in the following respects:
WHEREFORE,
the Carbon County Adult Probation/Parole Department respectfully requests:
1. ( ) The
Honorable Court issue a bench warrant for the apprehension of the defendant.
2. ( ) The
Honorable Court set a hearing and that the accused be required to answer to the
violations.
The averments of
this petition are made subject to the penalties of 18 Pa.C.S. § 4904 (relating
to unsworn falsification to authorities).
___________________________________ _________________ ______________________________
Adult
Probation Officer Date
Supervisor
ORDER OF COURT
NOW, this
_______________________________, 20 _____, upon consideration of the foregoing
petition, IT IS HEREBY ORDERED AND DECREED as follows:
1. The CLERK OF COURTS
is directed to issue a bench warrant for the defendant named in the foregoing
petition and that the Bail Authority (Adult Probation Office), Sheriff and/or
proper legal authority is directed to apprehend said defendant and commit
him/her to the Carbon County Prison pending a bail revocation hearing.
2. A copy of the
attached petition and Order of Court shall be served upon the defendant and
copies shall be provided to the defendant’s attorney of record, the District
Attorney of Carbon County and the Adult Probation Office.
3. A bail revocation
hearing shall be held in Courtroom # ________, Carbon County Courthouse, Jim
Thorpe, Pennsylvania, on the _____________ day of ___________________________,
20 ______, @ ______________ a.m./p.m.. Failure to attend said hearing may
result in the issuance of a bench warrant for your apprehension and forfeiture
of bail.
4. A bail revocation
hearing using video conferencing at the Carbon County Prison, Nesquehoning,
Pennsylvania, shall be held on the _____________ day of ___________________________,
20 ______, @ ______________ a.m./p.m.
BY THE COURT:
_________________________________
P.J.
WARRANT
TO COMMIT AND DETAIN
PRE-TRIAL
SERVICES
To the Sheriff, Superintendent, Keeper or Warden
of the Prison or House of Correction, or any Officer of the Courts of the
Commonwealth, Municipal Court, Police Department, Constable, etc. – GREETINGS:
By virtue of the authority given to me by this
Court of Common Pleas of Carbon County as the Bail Authority for the County of
Carbon and as authorized under the Pennsylvania Rules of
Criminal Procedure, Rule 536, you are hereby authorized and directed to commit and
detain for violations of bail:
Offender’s
Name
Term Number(s)
Until his/her case shall be heard or there shall
be an Order by the appropriate authority to release him/her.
Adult Probation/Parole
Officer
Supervisor’s
Signature
Date
IN THE COURT OF COMMON PLEAS OF CARBON
COUNTY, PENNSYLVANIA
CIVIL DIVISION
CRIMINAL DIVISION
ORPHANS’ COURT DIVISION
JUVENILE DIVISION
CHILDREN & YOUTH DIVISION
DOMESTIC RELATIONS SECTION
IN RE : AUTHORIZATION TO
STAMP : 04-2814
COURT
ORDERS WHEN JUDGES : 85
MI 04
ARE
NOT PHYSICALLY PRESENT : 04-9303
ADMINISTRATIVE ORDER NO. 21-2004
AND
NOW, this 30th day of August, 2004, it is hereby
ORDERED and DECREED that, effective immediately, only the Judges’
Secretary, Domestic Relations Director and the District Court Administrator are
hereby AUTHORIZED to use a Judge’s signature stamp on court orders and
commitments, but, ONLY after obtaining the verbal or written approval of the
Judge. The facsimile signature used on
scheduling orders and non-dispositive orders is hereby AUTHORIZED.
The Carbon County District Court Administrator is ORDERED and DIRECTED to
do the following:
1. File seven (7) certified
copies of this Administrative Order with the Administrative Office of
Pennsylvania Courts.
2. File two (2) certified copies
and one (1) diskette with the Legislative Reference Bureau for publication in
the Pennsylvania Bulletin.
3. File one (1) certified copy
with the Pennsylvania Criminal Procedural Rules Committee.
4. File one (1) certified copy
with the Pennsylvania Civil Procedural Rules Committee.
5. File one (1) certified copy
with the Pennsylvania Orphans’ Court Procedural Rules Committee.
6. File one (1) certified copy with
the Pennsylvania Juvenile Procedural Rules Committee.
7. Forward one (1) copy for
publication in the Carbon County Law Journal.
8. Forward one (1) copy to the
Carbon County Law Library.
9. Keep continuously available
for public inspection copies of the Order in the Prothonotary’s Office, Clerk
of Court’s Office, Juvenile Court Office, Children and Youth Office, Domestic Relations
Office and Orphans’ Court Office.
BY
THE COURT:
RICHARD W. WEBB, P.J.
IN THE COURT OF COMMON PLEAS OF CARBON
COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
IN
RE : TEMPORARY
ASSIGNMENT :
OF
ROGER N. NANOVIC, II, JUDGE :
095 MI 04
TO
JURY SELECTION COMMISSION :
ADMINISTRATIVE ORDER NO. 22-2004
AND NOW, this 16th day of September,
2004, pursuant to 42 Pa.C.S.A. 2122(a), it is hereby
ORDERED and DECREED that the
Honorable Roger N. Nanovic, II, is temporarily assigned to serve as a member of
the Jury Selection Commission.
BY
THE COURT:
___________________________________
RICHARD W. WEBB, P.J.
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
IN
RE : CRIMINAL
FEE SCHEDULE FOR :
COURT
APPOINTED COUNSEL IN : 71 MI 04
NON-HOMICIDE
AND HOMICIDE CASES :
AND NOW, this 21st day of October,
2004, it is hereby
ORDERED and DECREED that, effective January 1, 2005,
Carbon County AMENDS the following schedule for payment of court-appointed
counsel in Non-Homicide and Homicide criminal cases as follows:
Non-Homicide Criminal Cases
1.
Counsel
shall be assigned to represent defendants charged with non-homicide criminal
offenses or in any post-conviction proceedings, and juveniles formally charged
with delinquency where a conflict of interest or other sufficient reason exists
and the individual cannot properly be represented by the Public Defender’s
Office.
2.
At
the conclusion of the representation, or any segment thereof, counsel shall be
compensated at a rate of forty dollars ($40) per hour for time expended in
Court and at a rate of thirty dollars ($30) per hour for time reasonably
expended out of Court and shall be reimbursed for all reasonable expenses. Such compensation shall not exceed four
thousand dollars ($4,000).
3.
Where
one or more felonies are charged or for proceedings under the Post Conviction
Hearing Act, the compensation paid to an attorney shall not exceed one thousand
five hundred dollars ($1,500). Where
only misdemeanors or juvenile delinquencies are charged, payment shall not
exceed seven hundred and fifty dollars ($750).
4.
Investigative,
expert, or other services authorized by Order of Court shall not exceed five
hundred dollars ($500) and are reimbursable upon completion of services.
Homicide
Cases
1.
Counsel appointed shall not exceed one,
except in cases of extreme complexity and those involving the death penalty
where a conflict of interest or other sufficient reason exists and the
individual cannot properly be represented by the Public Defender’s Office.
2.
At the conclusion of the representation,
or any segment thereof, counsel shall be compensated for services rendered at a
rate of fifty dollars ($50) per hour for time reasonably expended in Court, and
forty dollars ($40) per hour for time reasonable expended out of Court and
shall be reimbursed for all reasonable expenses.
3.
Such compensation shall not exceed four thousand
dollars ($4,000) where one counsel has been assigned, and shall not exceed a
total of six thousand ($6,000) where two counsels have been assigned.
4.
Investigative, expert, or other services
authorized by Order of Court shall not exceed one thousand five hundred dollars
($1,500) and are reimbursable upon completion of services.
IT IS FURTHER ORDERED
and DECREED that appointments made pursuant to this rule shall continue through
all stages of the proceedings.
Compensation payments shall be a charge upon the County of Carbon. Any payment in excess of the limits stated
herein may only be made because of extraordinary circumstances that are
necessary to provide fair compensation for representation and have been approved
by the Court.
The Carbon County District Court Administrator is ORDERED and DIRECTED to
do the following:
1. File seven (7) certified
copies of this Administrative Order with the Administrative Office of
Pennsylvania Courts.
2. File two (2) certified
copies and one (1) diskette with the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin.
3. File one (1) certified
copy with the Pennsylvania Criminal Procedural Rules Committee.
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 Court’s
Office.
BY
THE COURT
____________________________________
RICHARD W.
WEBB, P.J.
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
IN
RE: AMENDING POLICY FOR :
PAROLING
DEFENDANTS :
SENTENCED
FOR MINIMUM : NO. 073 MI 91
OF
UP TO NINETY (90) :
DAYS
FOR DUI :
ADMINISTRATIVE ORDER 24-2004
AND NOW, this 17th day of November,
2004, in order to provide for the new DUI legislation, it is hereby
ORDERED
and DECREED that, effective immediately, the Carbon County Court of Common
Pleas hereby AMENDS this Court's Administrative Order 25-2001 dated October 30,
2001 filed to 073 MI 91 to provide that a defendant convicted and sentenced to
serve a minimum term of imprisonment of not more than ninety (90) days pursuant
to Driving Under Influence of Alcohol or Controlled Substance, 75 Pa.C.S. §
3802 et seq., shall be paroled immediately upon serving his minimum
sentence. Unless otherwise ordered by
the Sentencing Court, the Carbon County Warden is hereby authorized and
directed to release any defendant pursuant to this Order without further action
or order of Court.
The
Carbon County District Court Administrator is ORDERED and DIRECTED to do the
following:
1. File seven (7) certified copies of this
Administrative Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one
(1) diskette with the Legislative Reference Bureau for publication in the
Pennsylvania Bulletin.
3. File one (1) certified copy with the
Pennsylvania Criminal Procedural Rules Committee.
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 and Rule in the Clerk of Court’s Office.
BY
THE COURT:
_______________________________
RICHARD W. WEBB, P.J.