ORDERED and DECREED that SAMUEL F. FELDMAN, Esquire be and is hereby APPOINTED MASTER for divorce proceedings effective January 1, 2013 until December 31, 2013. 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. 13-0002

REVIEW OFFICERS :

FOR 2013 :

ADMINISTRATIVE ORDER 2-2013

AND NOW, this 2nd day of January, 2013, 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 JENNY Y. C. CHENG, Esquire and MARIANNE S. LAVELLE, Esquire be and are hereby APPOINTED MENTAL HEALTH REVIEW OFFICERS effective January 1, 2013 until December 31, 2013 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: Marianne S. Lavelle, Esquire

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

May & June: Marianne S. Lavelle, Esquire

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

September & October: Marianne S. Lavelle, Esquire

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

BY THE COURT:

______________________________

P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL ACTION

IN RE: APPOINTMENT OF :

CUSTODY COUNSELORS : NO. 13-0003

ADMINISTRATIVE ORDER 3-2013

AND NOW, this 2nd day of January, 2013, in order to implement the Local Rules of Court relating to actions for child custody and visitation, it is hereby

ORDE RED and DECREED that SAMUEL F. FELDMAN, Esquire and William G. Schwab, Esquire be and are hereby APPOINTED CUSTODY COUNSELORS for visitation and custody proceedings effective January 1, 2013 until December 31, 2013. The Custody Counselor shall be compensated at the rate of FIFTY DOLLARS ($50.00) for each Preliminary Conference actually conducted resulting in the filing of an interim order and SEVENTY-FIVE DOLLARS ($75.00) per hour for each Final Hearing actually conducted where a final order is disposing of the case.

BY THE COURT:

______________________________

P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL ACTION - LAW

IN RE: APPOINTMENT OF :

: NO. 13-0004

BOARD OF VIEWERS :

ADMINISTRATIVE ORDER NO. 4-2013

AND NOW, this 2nd day of January, 2013, by the authority vested in this Court under the provisions of the Judicial Code, 42 Pa.C.S.A. 2142, it is hereby

ORDERED and DECREED that the following shall be the members of the CARBON COUNTY BOARD OF VIEWERS, to serve for a term of THREE (3) YEARS, effective January 1, 2013 to December 31, 2015:

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.

Evergreen Real Estate

801 Interchange Road

Lehighton, PA 18235

EVA M. DUGAN

5660 Interchange Road

Lehighton, PA 18235

JAMES A. CHRISTMAN

362 Delaware Avenue

Palmerton, PA 18071

BY THE COURT:

_________________________

P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL ACTION - LAW

IN RE: APPOINTMENT OF :

: NO. 13-0004

BOARD OF VIEWERS :

AMENDED ADMINISTRATIVE ORDER NO. 4-2013

AND NOW, this 9th day of July, 2013, by the authority vested in this Court under the provisions of the Judicial Code, 42 Pa.C.S.A. 2142, it is hereby

ORDERED and DECREED that the following shall be the members of the CARBON COUNTY BOARD OF VIEWERS, to serve for the remainder of the term of THREE (3) YEARS, effective July 9, 2013 to December 31, 2015:

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.

Evergreen Real Estate

801 Interchange Road

Lehighton, PA 18235

EVA M. DUGAN

5660 Interchange Road

Lehighton, PA 18235

JAMES A. CHRISTMAN

362 Delaware Avenue

Palmerton, PA 18071

BY THE COURT:

_________________________

P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

IN RE: SUMMONING OF JURORS :

: No. CP-13-AD-0000001-2013

FOR CARBON COUNTY :

JURY SELECTION :

ADMINISTRATIVE ORDER NO. 5-2013

AND NOW, this 2nd day of January, 2013, 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 three hundred fifty (350) names for the scheduled Terms of Court for 2013 with the exact number of jurors reporting to be determined by the Court prior to the beginning of trials.

BY THE COURT:

ROGER N. NANOVIC, P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

JUVENILE COURT

IN RE: ADOPTION OF VICTIM :

SERVICES FEE FOR ALL : NO. CP-13-AD-0000003-2013

ADULT AND JUVENILE :

CASES :

ADMINISTRATIVE ORDER 6 - 2013

AND NOW, this 7^th day of January, 2013, in response to the Commonwealth’s reduction of funding for victim services as mandated by the Crime Victims Act 18 P.S. §11.01, et seq, it is hereby

ORDERED and DECREED that, effective March 1, 2013, and after publication on the UJS Portal and in the PA Bulletin, the Carbon County Court of Common Pleas hereby ADOPTS a fee in the amount of twenty-five dollars ($25.00) for all criminal and juvenile cases for the purposes of sustaining victim services. This fee shall be imposed in every juvenile and criminal case.

IT IS FURTHER ORDERED AND DECREED that the County of Carbon SHALL ESTABLISH a separate fund for said fees. Disbursements from the Victim Services Fee Fund SHALL BE MADE at the discretion of the President Judge and SHALL BE USED to supplement other funding to sustain victim services.

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

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

2. File two (2) certified copies, one (1) CD and the written notification received from the Juvenile Court Procedural Rules Committee with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

3. Publish a copy of the Administrative Order on the UJS Portal at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.

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

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

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

BY THE COURT:

______________________________

ROGER N. NANOVIC, P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

JUVENILE DIVISION

IN RE: REESTABLISHMENT OF :

JUVENILE RESTITUTION : No. CP-13-AD- 000002-2013

FEE FUND : (Old No. 60 JV 98)

ADMINISTRATIVE ORDER NO. 7-2013

AND NOW, this 7th day of January, 2013, pursuant to Title 42 of the Pennsylvania Consolidated Statutes, §6352(a)(5), it is hereby

ORDERED and DECREED that, March 1, 2013, and after publication on the UJS Portal and in the PA Bulletin, the Carbon County Court of Common Pleas REESTABLISHES a Juvenile Restitution Fee in the amount of ten dollars ($10.00) and ADOPTS the Juvenile Restitution Fund Guidelines attached hereto. This fee SHALL BE imposed against all juvenile defendants.

IT IS FURTHER ORDERED AND DECREED that the County of Carbon SHALL ESTABLISH a separate fund for said fees. Disbursements from the Restitution Fee Fund SHALL BE MADE at the sole discretion of the President Judge and SHALL BE USED to reimburse crime victims for financial losses resulting from delinquent acts.

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

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

3. Publish a copy of the Administrative Order on the UJS Portal at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.

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

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

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

BY THE COURT:

ROGER N. NANOVIC, P.J.

RESTITUTION FUND GUIDELINES

COMMUNITY SERVICE WORK/RESTITUTION PROGRAM

Purpose: To establish guidelines for the Community Service Work/Restitution Program which will enable youthful offenders to perform additional community service work hours in order to earn money to be applied to their Court ordered restitution.

1. In 1998, the Carbon County Court of Common Pleas established a Community Service Work/Restitution Fund in order to institute this program. Delinquent youth fund this program through the assessment of costs against each juvenile defendant.

2. Any juvenile under this department's supervision who owes restitution will be eligible to apply for the program.

3. In order to qualify for the program, juveniles must meet the following criteria:

A. Must owe restitution.

B. Must have completed all Court ordered community Service work;

C. Must be a student;

D. Must not be employed full time (40 hours per week);

E. Must be making a conscientious effort to comply with his/her payment agreement set by the Bureau of Collections.

4. Juveniles who meet the above criteria may apply for the program by obtaining an application from the Juvenile Probation Office.

5. The application will be reviewed by the Juvenile Court Officer handling the case and the Chief Juvenile Officer.

6. Upon approval, each juvenile will enter into a written agreement which will include the number of hours to be completed, the location of the site(s) where the hours are to be performed, and the completion date. This agreement will be signed by the juvenile, his/her parent or guardian, and a Juvenile Court Officer.

7. Payment for community service work hours will be computed by multiplying the number of hours worked by the current federally mandated minimum wage.

8. Payment to the Bureau of Collections will occur only upon completion of the agreement. If the juvenile does not complete the program, no payment will be made and all money earned will be forfeited.

9. The Chief Juvenile Court Officer will transfer money from the Community Service/Restitution Fund via a voucher payable to the Bureau of Collections. The voucher will be prepared using the juvenile case number and juvenile's initials, thus preserving confidentiality. When the check is received, the Bureau of Collections will credit the juvenile's restitution account.

10. If applicable, juveniles who successfully complete the program may reapply.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

CRIMINAL DIVISION

IN RE: AVAILABILITY AND : NO. 13-0157

TEMPORARY ASSIGNMENTS OF : CP-13-AD-0000004-2013

MAGISTERIAL DISTRICT JUDGES :

ADMINISTRATIVE ORDER 08-2013

AND NOW, this 25th day of January, 2013, in order to ensure compliance with Pa.R.C.P.M.D.J.112 governing the Rules of Conduct, Office Standards, and Civil Procedure for Magisterial District Judges, Pa.R.Crim.P. 132 governing the Temporary Assignment of Issuing Authorities, Pa.R.C.P. 1901.2 governing Scheduling of Temporary Protection From Abuse matters, Carbon County’s Administrative Order 27-2001 governing when the Court is available to address Temporary Protection From Abuse matters, Carbon County Local Rule CARB.R.C.P. 1901.5 governing Enforcement of Protection From Abuse matters and 35 P.S. § 10225.307 governing Involuntary Intervention by Emergency Court Order under the Older Adult Protective Services Act, it is hereby

ORDERED and DECREED that the schedule attached hereto be and is hereby APPROVED and said attachment SHALL ESTABLISH the on-call schedule and temporary assignments for the Magisterial District Judges of Carbon County for the period of February 4, 2013 through August 4, 2013.

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

BY THE COURT:

______________________________

ROGER N. NANOVIC, P.J.

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

February 4, 2013

February 11, 2013

February 18, 2013

February 25, 2013

March 4 2013

March 11, 2013

March 18, 2013

March 25, 2013

April 1, 2013

April 8, 2013

April 15, 2013

April 22, 2013

April 29, 2013

May 6, 2013

May 13, 2013

May 20, 2013

May 27, 2013

June 3, 2013

June 10, 2013

June 17, 2013

June 24, 2013

July 1, 2013

July 8, 2013

July 15, 2013

July 22, 2013

July 29, 2013

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge William J. Kissner

Magisterial District Judge Edward M. Lewis

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Edward M. Lewis

Magisterial District Judge William J. Kissner

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge William J. Kissner

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Edward M. Lewis

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge William J. Kissner

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Edward M. Lewis

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge William J. Kissner

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Edward M. Lewis

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge William J. Kissner

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Edward M. Lewis

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge William J. Kissner

Court 3-4

Court 3-3

Court 3-2

Court 3-1

Court 3-4

Court 3-3

Court 3-1

Court 3-2

Court 3-4

Court 3-2

Court 3-3

Court 3-1

Court 3-4

Court 3-2

Court 3-3

Court 3-1

Court 3-4

Court 3-2

Court 3-3

Court 3-1

Court 3-4

Court 3-2

Court 3-3

Court 3-1

Court 3-4

Court 3-2

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

IN RE : AMENDMENT OF LOCAL RULES :

OF CIVIL PROCEDURE 210 FORM OF :

BRIEFS, 1028(c) PRELIMINARY : NO. 13-0523

OBJECTIONS, 1034(a) MOTION FOR :

JUDGMENT ON THE PLEADINGS AND :

1035.2(a) MOTION AND PRAECIPE :

FOR ARGUMENT FORM :

ADMINISTRATIVE ORDER NO. 9-2013

AND NOW, this 21st day of March, 2013, it is hereby

ORDERED and DECREED that, effective May 1, 2013, Carbon County Rules of Civil Procedure CARB.R.C.P. 210 governing Form of Briefs, CARB.R.C.P. 1028(c) governing Preliminary Objections, CARB.R.C.P. 1034(a) governing Motion for Judgment on the Pleadings, CARB.R.C.P. 1035.2(a) governing a Motion for Summary Judgment and Praecipe for Argument form be and are hereby AMENDED as attached hereto.

1. The Carbon County District Court Administrator is ORDERED and DIRECTED to File one (1) certified copy of this Administrative Order and Local Rules with the Administrative Office of Pennsylvania Courts.

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

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

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

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

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

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

BY THE COURT:

ROGER N. NANOVIC, P.J.

RULE 210 - FORM OF BRIEFS

1. Each brief shall contain:

(a) A history of the case;

(b) A statement of the pertinent facts;

(d) An argument; and

(e) A short conclusion stating the precise relief requested.

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 System if reported therein, otherwise to the official reports of the applicable state appellate courts, if reported therein.

4. Briefs shall refer specifically, by page number or other appropriate designation, to any portion of the record relied upon in support of the argument.

5. Copies of any state or federal case relied upon not published in the official reports of that court shall be attached as Exhibits to the Brief.

6. Counsel for the moving party shall in all matters file an original and two (2) copies of a supporting brief in the Office of the Prothonotary and forthwith serve one (1) copy of the 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, within thirty (30) days of service of the motion 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.

Effective July 26, 2004

Revision effective May 1, 2013

RULE 1028(c) - PRELIMINARY OBJECTIONS

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 The adverse party shall file an answer and brief in support thereof when endorsed with a Notice to Plead or shall file a brief in response to the preliminary objections not endorsed with a Notice to Plead within twenty (20) days of service. 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 decided on briefs unless the assigned Judge requests that argument be scheduled. If a party desires argument, a Praecipe for Argument shall accompany the motion or response.

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

Effective July 26, 2004

Revision effective May 1, 2013

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

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

2 Any party opposing the motion shall file a responsive brief within twenty (20) days of service of the motion, together with a certificate of service evidencing service in accordance with number one above. A party who fails to respond to the motion may be deemed to have no opposition to its grant.

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

4 Upon service of the motion and responsive brief on the District Court Administrator, the matter shall be decided on briefs unless the assigned Judge requests that argument be scheduled. If a party desires argument, a Praecipe for Argument shall accompany the motion or response.

Effective July 26, 2004

Revision effective May 1, 2013

RULE 1035.2(a) - MOTION

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

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

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

4 Upon service of the motion and response on the District Court Administrator, the matter shall be decided on briefs unless the assigned Judge requests that argument be scheduled. If a party desires argument, a Praecipe for Argument shall accompany the motion or response.

Effective July 26, 2004

Revision effective May 1, 2013

IN THE COURT OF COMMON PLEAS, CARBON COUNTY, PENNSYLVANIA

CIVIL ACTION

Plaintiff :
vs : No.

Defendant :

PRAECIPE FOR ARGUMENT

To the Judges of said Court:

(1) Place the above case on the next available Argument List.

(2) The matter to be argued is______________________________________________________________

___________________________________________________________________________________

presented by _____________________________________ on ________________________________.

(3) Case will be argued for the undersigned party by ___________________________________________

(4) There (is) (is not) a companion case filed at ________________________. If so, there (are) (are not)

similar matters pending in the companion case.

(5) A copy of this Praecipe has been duly served upon all other parties or their counsel.

(6) Name of Opposing Counsel: ____________________________________________________________

Address: ____________________________________________________________________________

Name of Opposing Counsel: ____________________________________________________________

Address: ___________________________________________________________________________

(7) Date complaint filed: _________________________________________________________________

___________________________________

Attorney for _________________________

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

CRIMINAL DIVISION

IN RE: AVAILABILITY AND : NO. 13-0157

TEMPORARY ASSIGNMENTS OF : CP-13-AD-0000004-2013

MAGISTERIAL DISTRICT JUDGES :

ADMINISTRATIVE ORDER 10-2013

AND NOW, this 16th day of July, 2013, in order to ensure compliance with Pa.R.C.P.M.D.J.112 governing the Rules of Conduct, Office Standards, and Civil Procedure for Magisterial District Judges, Pa.R.Crim.P. 132 governing the Temporary Assignment of Issuing Authorities, Pa.R.C.P. 1901.2 governing Scheduling of Temporary Protection From Abuse matters, Carbon County’s Administrative Order 27-2001 governing when the Court is available to address Temporary Protection From Abuse matters, Carbon County Local Rule CARB.R.C.P. 1901.5 governing Enforcement of Protection From Abuse matters and 35 P.S. § 10225.307 governing Involuntary Intervention by Emergency Court Order under the Older Adult Protective Services Act, it is hereby

BY THE COURT:

______________________________

ROGER N. NANOVIC, P.J.

August 5, 2013

August 12, 2013

August 19, 2013

August 26, 2013

September 2, 2013

September 9, 2013

September 16, 2013

September 23, 2013

September 30, 2013

October 7, 2013

October 14, 2013

October 21, 2013

October 28, 2013

November 4, 2013

November 11, 2013

November 18, 2013

November 25, 2013

December 2, 2013

December 9, 2013

December 16, 2013

December 23, 2013

December 30, 2013

January 6, 2014

January 13, 2014

January 20, 2014

January 27, 2014

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Edward M. Lewis

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge William J. Kissner

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge Edward M. Lewis

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge William J. Kissner

Magisterial District Judge Edward M. Lewis

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge William J. Kissner

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge Edward M. Lewis

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge William J. Kissner

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge Edward M. Lewis

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge William J. Kissner

Magisterial District Judge Edward M. Lewis

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge William J. Kissner

Magisterial District Judge Edward M. Lewis

Court 3-3

Court 3-1

Court 3-4

Court 3-3

Court 3-2

Court 3-4

Court 3-1

Court 3-3

Court 3-2

Court 3-1

Court 3-4

Court 3-3

Court 3-2

Court 3-4

Court 3-1

Court 3-3

Court 3-2

Court 3-4

Court 3-1

Court 3-3

Court 3-2

Court 3-1

Court 3-4

Court 3-3

Court 3-2

Court 3-1

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

IN RE : ASSIGNMENT OF HONORABLE :

JOSEPH J. MATIKA, AS :

ELECTION JUDGE FOR THE : 13-1434

SPECIAL ELECTION HELD :

JULY 23, 2013 :

ADMINISTRATIVE ORDER NO. 11-2013

AND NOW, this 19th day of July, 2013, pursuant to 25 P.S. 3046, it is hereby

ORDERED and DECREED that the Honorable Joseph J. Matika is hereby assigned to serve as Election Judge for the Special Election to be held on July 23, 2013.

BY THE COURT:

_________________________________

ROGER N. NANOVIC, P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

DOMESTIC RELATIONS ACTION

IN RE: APPOINTMENT OF :

DOMESTIC RELATIONS : NO. 421 DR 03 &

HEARING OFFICER, : PACSES 428105745

PRO HAC VICE :

ADMINISTRATIVE ORDER 12-2013

AND NOW, this 29th day of July, 2013, the Court being advised that William Schwab, Domestic Relations Hearing Officer, has a conflict of interest in case #421 DR 03 Cecilia R. Koerbler vs. Scott M. Koerbler, PACSES #428105745, it is hereby

ORDERED AND DECREED that Samuel Feldman, Esquire is hereby APPPOINTED DOMESTIC RELATIONS HEARING OFFICER, pro hac vice, for the above captioned cases. The Domestic Relations Hearing Officer shall be compensated at the rate of ONE HUNDRED DOLLARS ($100.00) per hour.

IT IS FURTHER ORDERED AND DECREED that this appointment SHALL BE VACATED upon the entry of a final order.

BY THE COURT:

_________________________________

Roger N. Nanovic, P. J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

IN RE : AMENDMENT OF LOCAL RULES :

OF CIVIL PROCEDURE 1915.3 :

COMMENCEMENT OF ACTION – : NO. 13-1829

COMPLAINT - ORDER, 1915.4 PROMPT :

DISPOSITION OF CUSTODY CASES - :

DISPOSITON BY HEARING OFFICER :

AND 1915.7 CONSENT ORDER :

ADMINISTRATIVE ORDER NO. 13-2013

AND NOW, this 13th day of September, 2013, it is hereby

ORDERED and DECREED that, effective immediately, Carbon County Rules of Civil Procedure CARB.R.C.P. 1915.3 governing Commencement of Action, Complaint and Order, CARB.R.C.P. 1915.4 governing Prompt Disposition of Custody Cases and Disposition by Hearing Officer and CARB.R.C.P. 1915.7 governing a Consent Order be and are hereby AMENDED as attached hereto.

1. The Carbon County District Court Administrator is ORDERED and DIRECTED to File one (1) certified copy of this Administrative Order and Local Rules with the Administrative Office of Pennsylvania Courts.

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

3. File one (1) certified copy with the 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 Administrative Order and Local Rules in the Prothonotary’s Office.

BY THE COURT:

ROGER N. NANOVIC, P.J.

RULE 1915.3 - COMMENCEMENT OF ACTION. COMPLAINT. ORDER.

The person to be designated in the notice to defend as the person from whom legal referral can be obtained shall be the same as provided for in 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 July 26, 2004

Revision effective September 13, 2013

"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/supervised physical custody in accordance with the following schedule:

(a) During the week: ______________________________________________

(b) Weekends: ___________________________________________________;

(d) Minor Holidays: _______________________________________________;

(e) Mother's Day and Mother's Birthday shall be with the Mother;

(f) Father's Day and Father's Birthday shall be with the Father.

(g) Child(ren)'s Birthday(s):__________________________________________;

(h) Vacation/Summers:_____________________________________________;

(i) Other times: ___________________________________________________.

7. All other periods of partial physical custody/supervised physical custody shall be by mutual agreement of both parties after reasonable request, and such agreement shall not be unreasonable withheld.

8. The retrieving party shall provide transportation unless otherwise agreed to by the parties as follows: _____________________________________________________

_________________________________________________________________________

_________________________________________________________________________.

9. 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.

10. Each party agrees to give to the other a general itinerary of all vacations they plan to take with the child(ren).

11. 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.

No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation.

The attached "Appendix to Order" is incorporated herein and shall be part of this Order.

BY THE COURT:

____________________________________

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.

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.

The parties shall not conduct arguments or heated conversations when they are together in the presence of their child(ren).

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".

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.

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.

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).

Any period of custody 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(en) shall be consulted as to the child(ren) schedule.

B. Custodial 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 the child(ren) both physically and mentally for the custody with the other party and have the child(ren) available at the time and place mutually agreed upon.

E. If either party or the child(ren) has plans which conflict with a scheduled period of custody and wish to adjust such period, 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 their partial physical custody/supervised physical custody under the influence of alcohol or drugs, the period of partial physical custody/supervised physical custody may be considered forfeited on those grounds alone.

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 July 26, 2004

Revision effective September 13, 2013

RULE 1915.4 – PROMPT DISPOSITION OF CUSTODY CASES. DISPOSITION BY HEARING OFFICER

1 Upon the filing of any claim or modification petition for custody the moving party shall deposit with the Prothonotary in addition to the filing fee 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 for resolution by the Court, any agreements of the parties and negotiated settlement of the case.

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). This order shall list the date and time of the custody trial before the Court and, if requested by one of the parties or ordered sua sponte by the Court, the date and time of the pretrial conference before a Judge. If a pretrial conference is scheduled before a Judge, the pretrial procedures and requirements of the pretrial statement shall comply with Pa.R.C.P. 1915.4-4. If a custody trial is scheduled before a Judge, the Interim Custody Order shall direct the parties to file a Pretrial statement at least seven (7) days prior to the trial, which shall contain:

a. A clear concise statement of the issues to be resolved by the Court;

b. Unresolved discovery matters;

c. Name and address of each expert whom the party intends to call at trial as a witness;

d. Name and address of each witness the party intends to call at trial, the relationship of that witness to the party and a statement by the party or the party’s counsel that he or she has communicated with each listed witness;

e. Issues relating to expert witnesses;

f. List of evidentiary disputes;

g. List of exhibits;

h. Any agreements of the parties;

i. Proposed Findings of Fact; and

j. Proposed Custody Order setting forth the custody schedule requested by the party.

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 July 26, 2004

Revision effective September 13, 2013

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 July 26, 2004

Revision effective September 13, 2013

"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:

____________________________________

Effective July 26, 2004

Revision Effective September 13, 2013

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 CONSENT CUSTODY ORDER

AND NOW, this day of , 20__, the following agreement is entered into upon stipulation of the parties:

1. This Agreement and ensuing Order of Court shall govern the custodial situation of the following children:

________________________________________________________________________

5. Primary Physical custody of the child(ren) shall be as follows:

________________________________________________________________________

6. The Plaintiff/Defendant, Father/Mother, shall have partial physical custody/supervised physical custody in accordance with the following schedule:

(a) During the week:______________________________________________;

(b) Weekends:___________________________________________________;

(d) Minor Holidays:________________________________________________;

(e) Mother's Day and Mother's Birthday shall be with the Mother;

(f) Father's Day and Father's Birthday shall be with the Father.

(g) Child(ren)'s Birthday(s):_________________________________________:

(h) Vacation/Summers:____________________________________________;

(i) Other times:_________________________________________________.

8. The retrieving party shall provide transportation unless otherwise agreed to by the parties as follows: __________________________________________

______________________________________________________________________

______________________________________________________________________.

10. Each party agrees to give to the other a general itinerary of all vacations they plan to take with the child(ren).

11. 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.

12. It is the intention of the parties that this agreement will be adopted into an Order of Court.

13. 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.

14. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation.

__________________________________ ______________________________

WITNESS AS TO PLAINTIFF PLAINTIFF

__________________________________ ______________________________

WITNESS AS TO DEFENDANT DEFENDANT

APPENDIX TO ORDER

The parties shall not conduct arguments or heated conversations when they are together in the presence of their child(ren).

Any period of custody 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(ren) shall be consulted as to the child(ren) schedule.

B. Custodial 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).

Effective July 26, 2004

Revision effective September 13, 2013

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

IN RE : ADOPTION OF LOCAL RULE :

OF CIVIL PROCEDURE 205.3.1 :

FILING PLEADINGS AND OTHER : NO. 13-1830

LEGAL PAPERS WITH THE :

PROTHONOTARY ORIGINALS AND :

COPIES :

ADMINISTRATIVE ORDER NO. 14-2013

AND NOW, this 13th day of September, 2013, it is hereby

ORDERED and DECREED that, effective November 1, 2013, Carbon County Rule of Civil Procedure CARB.R.C.P. 205.3.1 governing Filing Pleadings and Other Legal Papers with the Prothonotary, Originals and Copies be and is hereby ADOPTED as attached hereto.

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

3. File one (1) certified copy with the Civil Court 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 Administrative Order and Local Rules in the Prothonotary’s Office.

BY THE COURT:

ROGER N. NANOVIC, P.J.

RULE 205.3.1 - FILING PLEADINGS AND OTHER LEGAL PAPERS WITH THE PROTHONOTARY. ORIGINALS AND COPIES.

A party representing himself or herself shall enter a written appearance which shall state an address, which need not be his or her home address, where the party agrees that pleadings and other legal papers may be served, and a telephone number through which the party may be contacted, as attached hereto. The entry of appearance may include a facsimile number as provided by Pa.R.C.P. No. 440(d).
A self-represented party is under a continuing obligation to provide current contact information to the Court, to other self-represented parties, and to attorneys of record.
The self-represented party shall provide a copy of the entry of appearance to all self-represented parties and attorneys of record.
The assertion of self-representation shall not delay any stage of the proceeding.

Effective November 1, 2013

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

ENTRY OF APPEARANCE

In accordance with Carbon County Rule of Civil Procedure CARB.R.C.P. 205.3.1 governing a Self-Represented Party:

I ____________________________________________, Plaintiff or Defendant (circle one)

choose to represent myself and provide the following address where pleadings and other legal papers can be served and a telephone number through which I can be contacted. This Entry of Appearance shall remain in full force and effect unless superseded with an Entry of Appearance by an attorney.

___________________________________ ________________________________

Street Address Telephone Number

___________________________________ ________________________________

City, State, Zip Code Facsimile Number (Governed by PA Rule of Civil Procedure 440 (d))

In accordance with Carbon County Rule of Civil Procedure 205.3.1, a self-represented party is under a continuing obligation to provide current contact information to the court, to other self-represented parties, and to attorneys of record.

__________________________________ ___________________________________

Signature Date

Effective November 1, 2013

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

ORPHANS COURT DIVISION

IN RE : AMENDMENT OF LOCAL RULE :

OF ORPHANS COURT PROCEDURE :

3.1 CONFORMITY TO EQUITY : NO. 13-9317

PRACTICE IN GENERAL :

ADMINISTRATIVE ORDER NO. 15-2013

AND NOW, this 13th day of September, 2013, it is hereby

ORDERED and DECREED that, effective November 1, 2013, Carbon County Rule of Orphans Court Procedure CARB.Co.O.C.R. 3.1 governing Conformity to Equity Practice in General be and is hereby AMENDED as attached hereto.

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

3. File one (1) certified copy with the Orphans Court 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 Administrative Order and Local Rules in the Orphan’s Court Office.

BY THE COURT:

ROGER N. NANOVIC, P.J.

3.1 – CONFORMITY TO EQUITY PRACTICE IN GENERAL.

Motions and petitions shall be governed by the provisions of Carbon County Civil L206.1. A completed Petition/Motion cover sheet shall be attached in the form as Exhibit "A".

A copy of every pleading, including exceptions, shall be promptly served upon counsel of record for all parties in interest, and upon any party who is not represented.

A party representing himself or herself shall enter a written appearance which shall state an address, which need not be his or her home address, where the party agrees that pleadings and other legal papers may be served, and a telephone number through which the party may be contacted, as attached hereto and marked Exhibit “B”. The entry of appearance may include a facsimile number as provided by Pa.R.C.P. No. 440(d).

A self-represented party is under a continuing obligation to provide current contact information to the Court, to other self-represented parties, and to attorneys of record.

The self-represented party shall provide a copy of the entry of appearance to all self-represented parties and attorneys of record.

The assertion of self-representation shall not delay any stage of the proceeding.

Effective December 17, 2001

Revision effective November 1, 2013

CARBON COURT OF COMMON PLEAS

ORPHANS' COURT DIVISION

PETITION/MOTION COURT COVER SHEET

NO._________________

_____________________________ _____ Assigned Judge

_____ Court Action Taken

vs. _____ Returned to Attorney for Deficiencies

_____________________________ _____ Action Deferred by Court

For Court Use Only

FILING OF: Petitioner ( ) Respondent ( )

TYPE OF FILING (check one):

( ) 1. Application for Continuance (128)

( ) 2. Petition for Adoption (134)

( ) 3. Petition for Voluntary Termination (132)

( ) 4. Petition for Involuntary Termination (155)

( ) 5. Petition to Remove Fiduciary (053)

( ) 6. Petition for Guardian of Minor (050)

( ) 7. Petition to Sell Real Estate (052)

( ) 8. Petition to Distribute Minor's Estate (057)

( ) 9. Incapacity Petition (058)

( )10. Petition to Withdraw as Counsel (127)

( )11. Petition to Revoke Letters (064)

( )12. Petition to Challenge Election (229)

( )13. Petition to Excuse Additional Bond (055)

( )14. Petition for Compensation (151)

( )15. Other Motion or Petition (specify):

__________________________________________________________

( )16. Response to:

__________________________________________________________

OTHER ATTORNEY:

_______________________________ ________________________________

Attorney's Name (Typed)

Attorney for: ______________________________

( ) Petitioner ( ) Respondent

N.B. The numbers after the Motion or Petition above are docket codes used in the Court Computer System. Please be precise when marking your Motion or Petition. When filing Motion or Petition, provide Clerk with sufficient copies for opposing Counsel and filing Counsel.

THIS FORM IS AVAILABLE IN THE ORPHANS' COURT OFFICE

Exhibit "A"

Effective December 17, 2001

Revision effective November 1, 2013

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

ORPHANS COURT DIVISION

ENTRY OF APPEARANCE

In accordance with Carbon County Rule of Orphans Court Procedure CARB.Co.O.C.R. No. 3.1 governing a Self-Represented Party:

I ____________________________________________, Plaintiff or Defendant (circle one)

___________________________________ ________________________________

Street Address Telephone Number

___________________________________ ________________________________

City, State, Zip Code Facsimile Number (Governed by PA Rule of Civil Procedure 440 (d))

In accordance with Carbon County Rule of Orphans Court Procedure 3.1, a self-represented party is under a continuing obligation to provide current contact information to the court, to other self-represented parties, and to attorneys of record.

__________________________________ ___________________________________

Signature Date

Exhibit “B”

Effective December 17, 2001

Revision effective November 1, 2013

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

IN RE : AMENDMENT OF LOCAL RULES :

OF CIVIL PROCEDURE 1028(c) :

PRELIMINARY OBJECTIONS, 1034(a) : NO. 13-0523

MOTION FOR JUDGMENT ON THE :

PLEADINGS AND 1035.2(a) MOTION :

FOR SUMMARY JUDGMENT :

ADMINISTRATIVE ORDER NO. 16-2013

AND NOW, this 1st day of October, 2013, it is hereby

ORDERED and DECREED that, effective November 1, 2013, Carbon County Rules of Civil Procedure CARB.R.C.P. 1028(c) governing Preliminary Objections, CARB.R.C.P. 1034(a) governing Motion for Judgment on the Pleadings, and CARB.R.C.P. 1035.2(a) governing a Motion for Summary Judgment be and are hereby AMENDED as attached hereto.

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

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

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

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

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

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

BY THE COURT:

ROGER N. NANOVIC, P.J.

RULE 1028(c) - PRELIMINARY OBJECTIONS

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

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

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

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

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

Effective July 26, 2004

Revision effective November 1, 2013

RULE 1035.2(a) – MOTION FOR SUMMARY JUDGMENT

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

3 Upon service of the motion and response on the District Court Administrator, the matter shall be decided on briefs unless the assigned Judge requests that argument be scheduled. If a party desires argument, a Praecipe for Argument shall accompany the motion or response.

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

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

Effective July 26, 2004

Revision effective November 1, 2013

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

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

3 If a party desires argument, a Praecipe for Argument shall accompany the motion or response.

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

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

Effective July 26, 2004

Revision effective November 1, 2013

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

HAZLETON OIL & ENVIRONMENTAL, :

Plaintiff :

vs. : NO. 11-2472

NICHOLAS BRANDON, RECOIL INC., AND :

WASTE RECOVERY SOLUTIONS, INC ., :

Defendants :

John J. Jacko, Esquire Counsel for Plaintiff

Thomas F, Meagher, III, Esquire Counsel for Nicholas Brandon

Melvin H. Hess, Esquire Counsel for Recoil, Inc. and

Waste Recovery Solutions, Inc.

ADMINISTRATIVE ORDER 17-2013

AND NOW, this 22nd day of October, 2013, in order to effectively utilize judicial resources and in the interest of justice, it is hereby

ORDERED and DECREED that the Honorable Steven R. Serfass be and is hereby APPOINTED to the above captioned case for the disposition of all motions and petitions and to preside over the Non-Jury Trial including any post-trial motions and an appeal, if so filed.

BY THE COURT:

_________________________________

ROGER N. NANOVIC, P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

IN RE: ADOPTION OF CARBON COUNTY :

LOCAL RULE OF CRIMINAL :

PROCEDURE CARB.R.CRIM.P. : NO. CP-13-AD-0000005-2013

570.1 ATTENDANCE IN COURT :

OF INCARCERATED INDIVIDUALS :

ADMINISTRATIVE ORDER NO. 18-2013

AND NOW, this 29^th day of October, 2013, in order to provide for a uniform practice for the preparation, filing and presentation to the Court of writs, it is hereby

ORDERED and DECREED, that effective November 1, 2013, the Carbon County Court of Common Pleas ADOPTS Local Rule of Criminal Procedure CARB.R.Crim.P. 570.1 governing the Attendance in Court of Incarcerated Individuals.

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

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

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

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

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

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

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

BY THE COURT:

__________________________________________________

ROGER N. NANOVIC, P.J.

RULE 570.1 - ATTENDANCE IN COURT OF INCARCERATED INDIVIDUALS

1. Attendance Requested - At any proceeding before the Court at which the attendance is requested of an individual who is incarcerated, a writ shall be prepared, filed and presented by the party requesting attendance of said individual at least five (5) working days before the scheduled event.

2. Attendance Required - With respect to proceedings at which the defendant’s attendance is required, defense counsel shall be responsible for the preparing, filing and presenting of this writ to the Court at least five (5) working days before the scheduled event. In the case of a pro se defendant, the Commonwealth shall be responsible for the preparing, filing and presenting of the writ required under this rule.

3. Non-Compliance - Any writ filed that is not in compliance with this rule shall be entertained only if the opportunity to timely file it did not previously exist or the interest of justice so requires. In the event any such writ required by this rule is not prepared, filed and presented, the Court reserves the right, in its discretion, to impose the appropriate sanctions. In no event, where the defendant’s attendance is required, shall a proceeding occur without the defendant being present. In that case defense counsel shall file a continuance, and if pro se, the Commonwealth shall file the continuance.

Effective November 1, 2013

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

MAR-PAUL COMPANY, INC., :

Plaintiff :

vs. :

JIM THORPE AREA SCHOOL DISTRICT :

AND POPPLE CONSTRUCTION, INC., :

Defendants :

vs. : NO. 04-2595

HAYES LARGE ARCHITECTS, LLP, :

Additional Defendant :

vs. :

UNITED INSPECTION SERVICES, INC. :

AND PATHLINE, INC., :

Additional Defendants :

Sam L. Warshawer, Jr., Esquire Counsel for Plaintiff

Gregory L. Mousseau, Esquire Counsel for Jim Thorpe Area School

District

Raymond P. Wendolowski, Esquire Counsel for Popple Construction, Inc.

Andrew J. Fuga, Esquire and Andrew Counsel for Hayes Large Architects,

Fylypovych, Esquire LLP

Carole J. Walbert, Esquire Counsel for United Inspection Services

Inc.

Nicholas Noel, III, Esquire and Counsel for Pathline Project Management

Richard P. Kovacs, Esquire Pathline, Inc.

ADMINISTRATIVE ORDER 19-2013

AND NOW, this 8th day of November, 2013, in order to effectively utilize judicial resources and in the interest of justice, it is hereby

ORDERED and DECREED that the Honorable Joseph J. Matika be and is hereby APPOINTED to the above captioned case for the disposition of all motions and petitions and to preside over the Non-Jury Trial including any post-trial motions and an appeal, if so filed.

BY THE COURT:

_________________________________

ROGER N. NANOVIC, P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

IN RE: RECISSION OF LOCAL RULE :

OF CIVIL PROCEDURE 205.3.1 :

FILING PLEADINGS AND OTHER :

LEGAL PAPERS WITH THE :

PROTHONOTARY ORIGINALS AND : NO. 13-1830 & 13-2579

COPIES AND ADOPTION OF LOCAL :

RULE OF CIVIL PROCEDURE 1012 :

ENTRY OF APPEARANCE – WITHDRAWAL :

OF APPEARANCE – NOTICE :

ADMINISTRATIVE ORDER NO. 20-2013

AND NOW, this 16th day of December, 2013, in order to renumber a current local rule, it is hereby

ORDERED and DECREED that, effective immediately, Carbon County Rule of Civil Procedure CARB.R.C.P. 205.3.1 governing Filing Pleadings and Other Legal Papers with the Prothonotary, Originals and Copies be and is hereby RESCINDED and Carbon County Rule of Civil Procedure CARB.R.C.P. 1012 governing Entry of Appearance, Withdrawal of Appearance and Notice be and is hereby ADOPTED as attached hereto.

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

3. File one (1) certified copy with the Civil Court 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 Administrative Order and Local Rules in the Prothonotary’s Office.

BY THE COURT:

ROGER N. NANOVIC, P.J.

RULE 1012 – ENTRY OF APPEARANCE. WITHDRAWAL OF APPEARANCE. NOTICE.

A party representing himself or herself shall enter a written appearance which shall state an address, which need not be his or her home address, where the party agrees that pleadings and other legal papers may be served, and a telephone number through which the party may be contacted, as attached hereto. The entry of appearance may include a facsimile number as provided by Pa.R.C.P. No. 440(d).
A self-represented party is under a continuing obligation to provide current contact information to the Court, to other self-represented parties, and to attorneys of record.
The self-represented party shall provide a copy of the entry of appearance to all self-represented parties and attorneys of record.
The assertion of self-representation shall not delay any stage of the proceeding.

Effective December 16, 2013

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

ENTRY OF APPEARANCE

In accordance with Carbon County Rule of Civil Procedure CARB.R.C.P. 1012 governing a Self-Represented Party:

I ____________________________________________, Plaintiff or Defendant (circle one)

___________________________________ ________________________________

Street Address Telephone Number

___________________________________ ________________________________

City, State, Zip Code Facsimile Number (Governed by PA Rule of Civil Procedure 440 (d))

In accordance with Carbon County Rule of Civil Procedure 1012, a self-represented party is under a continuing obligation to provide current contact information to the court, to other self-represented parties, and to attorneys of record.

__________________________________ ___________________________________

Signature Date

Effective December 16, 2013