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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 Joseph D. Homanko Magisterial
District Judge Edward M. Lewis Magisterial
District Judge William J. Kissner Magisterial
District Judge Joseph D. Homanko 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 Edward M. Lewis Magisterial
District Judge Joseph D. Homanko Magisterial
District Judge William J. Kissner Magisterial
District Judge Edward M. Lewis Magisterial
District Casimir T. Kosciolek Magisterial
District Judge Joseph D. Homanko Magisterial
District Judge William J. Kissner Magisterial
District Judge Edward M. Lewis Magisterial
District Judge Casimir T. Kosciolek Magisterial
District Judge Joseph D. Homanko Magisterial
District Judge William J. Kissner |
|
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3-2 |
IN
THE COURT OF COMMON PLEAS OF
CIVIL DIVISION
IN
RE : AMENDMENT OF LOCAL RULES
:
OF
CIVIL PROCEDURE 205.3.1 :
FILING
OF LEGAL PAPERS WITH THE : NO. 13-0523
PROTHONOTARY
AND 1035.2(a) :
13-1830
MOTION
FOR SUMMARY JUDGMENT :
ADMINISTRATIVE ORDER NO. 7-2014
AND NOW, this 4th day
of April, 2014, it is hereby
ORDERED and DECREED that, effective
May 1, 2014, Carbon County Rules of Civil Procedure CARB.R.C.P. 205.3.1
governing Filing of Legal Papers with the Prothonotary, and CARB.R.C.P.
1035.2(a) governing a Motion for Summary Judgment 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
6.
Forward one
(1) copy to the
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
205.3.1 - 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.
10.
Any documents
presented for filing referring to social security numbers, driver's
license/vehicle identification numbers, and any financial account numbers shall
list only the last four digits. Birth
dates shall be limited to the year of birth only. When reference is made to a minor child
(i.e., individuals less than 18 years of age), the names shall not be given,
only their initials. The complete social
security numbers, account numbers, dates of birth and full names of minors
shall be submitted on the Court's “CONFIDENTIAL
INFORMATION FORM” attached hereto. The Prothonotary's Office shall record
the Confidential Information in the Court Computer Database and, upon
verification of proper entry, shall shred the form containing the Confidential
Information. This information shall
remain confidential in that it will only be visible to internal personnel and
cannot be accessed through the public access programs.
11.
The parties and their
attorneys are solely responsible for complying with the provisions of number 10
above. The court staff is not
responsible for reviewing any document filed as a public record for compliance
with number 10 above. A party's or
attorney's failure to comply with the provisions shall not affect access to
case records that are otherwise accessible.
Effective
July 26, 2004
Revision
effective May 1, 2014
COMMONWEALTH
OF PENNSYLVANIA Confidential
Information Form
Carbon County Court of Common Pleas Carbon County Courthouse P.O. Box 131 Jim Thorpe, PA
18229-0131 Telephone: (570) 325-8556
COUNTY OF
CARBON
______________________________________
VS.
______________________________________
Docket
No. ____________________________
|
CONFIDENTIAL
INFORMATION |
|
|
Name: |
Social
Security Number |
|
Financial
Information/Driver’s License Number/VIN |
|
|
Name: |
Social
Security Number |
|
Financial
Information/Driver’s License Number/VIN |
|
|
Name: |
Social
Security Number |
|
Financial
Information/Driver’s License Number/VIN |
|
|
Name: |
Minor
Child(ren) Names/Dates of Birth |
|
|
|
Name: _________________________________ Signature:
______________________________________
Attorney #:
_____________________________ Telephone: __ (___) ______________________________
Address: __________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
RULE
1035.2(a) – MOTION FOR SUMMARY JUDGMENT
1
A party moving for summary judgment
shall simultaneously file with the motion a proposed order and supporting
brief. If a brief is not filed with the motion, the motion shall be deemed
withdrawn, without prejudice, upon motion of the opposing party. A certificate of service in conformance with
Pa.R.C.P.208.2(a)(5) shall be attached to the motion. Pa.R.C.P.440 governs service. Service shall be required on the District
Court Administrator. For form of briefs,
see CARB.R.C.P.210.
2 Any party opposing the motion shall file a response within
thirty (30) days of service of the motion, together with a certificate of
service evidencing service in accordance with number one above. Service shall be required on the District
Court Administrator. A party who fails to respond to the motion shall be deemed
to be unopposed to the granting of the motion without contest.
3 Upon service of the motion and response on the District
Court Administrator, the matter shall be decided on briefs unless the assigned
Judge 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 May 1, 2014
IN THE COURT OF COMMON PLEAS OF
ORPHANS COURT DIVISION
IN RE : AMENDMENT OF LOCAL RULE :
OF ORPHANS COURT PROCEDURE :
3.1 CONFORMITY TO EQUITY : NO. 14-9102
PRACTICE IN GENERAL :
ADMINISTRATIVE ORDER NO. 8-2014
AND NOW, this 4th day of
April, 2014, it is hereby
ORDERED
and DECREED that, effective May 1, 2014, 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.
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
Orphans Court Procedural Rules Committee.
4.
Forward one (1) copy for publication
in the
5.
Forward one (1) copy to the
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.
1 Any
documents presented for filing referring to social security numbers, driver's
license/vehicle identification numbers, and any financial account numbers shall
list only the last four digits. Birth
dates shall be limited to the year of birth only. When reference is made to a minor child
(i.e., individuals less than 18 years of age), the names shall not be given,
only their initials. The complete social
security numbers, account numbers, dates of birth and full names of minors
shall be submitted on the Court's “CONFIDENTIAL
INFORMATION FORM” attached hereto. The Register of Wills/Orphans Court
Office shall record the Confidential Information in the Court Computer Database
and, upon verification of proper entry, shall shred the form containing the
Confidential Information. This
information shall remain confidential in that it will only be visible to
internal personnel and cannot be accessed through the public access programs.
2 The
parties and their attorneys are solely responsible for complying with the provisions
of number 1 above. The court staff is
not responsible for reviewing any document filed as a public record for
compliance with number 1 above. A
party's or attorney's failure to comply with the provisions shall not affect
access to case records that are otherwise accessible.
3 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".
4 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.
5
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).
6
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.
7
The self-represented party shall
provide a copy of the entry of appearance to all self-represented parties and
attorneys of record.
8 The
assertion of self-representation shall not delay any stage of the proceeding.
Effective December 17, 2001
Revision effective May 1, 2014
CARBON COURT OF COMMON PLEAS
ORPHANS' COURT DIVISION
PETITION/MOTION COURT COVER SHEET
NO.
Assigned Judge Court Action Taken Returned to Attorney for Deficiencies Action Deferred by Court For Court Use Only
_____________________________
vs.
_____________________________
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
May 1, 2014
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY,
PENNSYLVANIA
ORPHANS COURT DIVISION
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)
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 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 May 1, 2014
COMMONWEALTH
OF PENNSYLVANIA Confidential
Information Form
Carbon County Court of Common Pleas Carbon County Courthouse P.O. Box 131 Jim Thorpe, PA
18229-0131 Telephone: (570)
325-8556
COUNTY OF
CARBON
______________________________________
VS.
______________________________________
Docket
No. ____________________________
|
CONFIDENTIAL
INFORMATION |
|
|
Name: |
Social
Security Number |
|
Financial
Information/Driver’s License Number/VIN |
|
|
Name: |
Social
Security Number |
|
Financial
Information/Driver’s License Number/VIN |
|
|
Name: |
Social
Security Number |
|
Financial
Information/Driver’s License Number/VIN |
|
|
Name: |
Minor
Child(ren) Names/Dates of Birth |
|
|
|
Name: _________________________________ Signature:
______________________________________
Attorney #:
_____________________________ Telephone: __ (___) ______________________________
Address: __________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
IN
THE COURT OF COMMON PLEAS OF
CIVIL DIVISION
DOMESTIC RELATIONS
IN
RE : AMENDMENT
OF LOCAL RULE OF :
CIVIL
PROCEDURE CARB.R.C.P.1915.3 : NO. 14-1892
COMMENCEMENT
OF ACTION. :
COMPLAINT. ORDER :
ADMINISTRATIVE ORDER NO. 9-2014
AND
NOW, this 26th day of August, 2014, it is hereby
ORDERED and DECREED that,
effective October 1, 2014, the Carbon County Court of Common Pleas AMENDS
Carbon County Rule of Civil Procedure CARB.R.C.P. 1915.3 governing Commencement of Action,
Complaint, and Order in Custody Actions.
The Carbon County
District Court Administrator is ORDERED and DIRECTED to
1.
File one (1)
certified copy of this Administrative Order with the Administrative Office of
Pennsylvania Courts.
2.
File two (2)
certified copies and one (1) computer diskette with the Legislative Reference
Bureau for publication in the Pennsylvania
Bulletin.
3.
File one (1) certified
copy with the Civil Procedural Rules Committee.
4.
Forward one
(1) copy for publication in the
5.
Forward one
(1) copy to the
6.
Keep
continuously available for public inspection copies of the Administrative Order
in the Prothonotary’s Office and the Domestic Relations 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 services
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.
Any party to
a custody action, who is incarcerated and cannot attend any scheduled
proceeding and wishes to participate by electronic means, shall request
permission from Court Administration seven (7) days before the scheduled
event. Said party shall be responsible
for making the arrangements with Court Administration and the Warden of said
facility where the party is incarcerated.
Effective July 26, 2004
Revision effective October 1, 2014
"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
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:
___________________________________________________;
(c) Major
Holidays: _______________________________________________;
(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:
____________________________________
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.
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.
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 July 26, 2004
Revision effective October 1, 2014
IN THE COURT OF COMMON
PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION
ORPHANS COURT DIVISION
IN
RE: ESTABLISHMENT OF :
REMOTE
ACCESS FEE : NO. 14-0619
TO
RECORDS FILED : 14-9101
IN
THE PROTHONOTARY’S :
OFFICE
AND THE REGISTER :
OF
WILLS/ORPHANS COURT :
OFFICE :
ADMINISTRATIVE
ORDER NO. 10-2014
AND NOW, this 4th day of
April, 2014, in order to provide remote access to records that are generally
available to the public filed in the Prothonotary’s Office and Register of
Will/Orphans Court Office, it is hereby
ORDERED and DECREED
that, effective May 1, 2014, the Carbon County Court of Common Pleas hereby
ADOPTS a fee of Three Hundred Dollars ($300.00) per year per user for remote
access to the docketing and images of documents filed in the Prothonotary’s
Office and Register of Wills/Orphans Court Office.
IT IS FURTHERED ORDERED and
DECREED that the County of Carbon shall direct the County Treasurer to
ESTABLISH a separate interest bearing account for monies received pursuant to
this Administrative Order. Said monies
are to be used for, but not limited to, the development, training,
implementation and maintenance of the redaction software.
The Carbon County
District Court Administrator is ORDERED and DIRECTED to:
1.
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 and file one (1)
certified copy with the Orphans Court Procedural Rules Committee.
4.
Forward one
(1) copy for publication in the
5.
Forward one
(1) copy to the
6.
Keep
continuously available for public inspection copies of the Administrative Order
and Local Rules in the Prothonotary’s Office and the Register of Wills/Orphans
Court Office.
BY
THE COURT:
______________________________
P.J.
IN
THE COURT OF COMMON PLEAS OF
CIVIL
DIVISION
IN
RE : AMENDMENT OF LOCAL RULES :
OF
CIVIL PROCEDURE 205.2 (a) :
FILING
OF LEGAL PAPERS WITH THE : NO. 10-1100
PROTHONOTARY
AND 1035.2(a) : 13-0523
MOTION
FOR SUMMARY JUDGMENT : 13-1830
AMENDED ADMINISTRATIVE ORDER NO. 7-2014
AND NOW, this 17th day
of April, 2014, in order to correct an improper numbering of the Local Rule of
Civil Procedure from 205.3.1 to 205.2 (a), it is hereby
ORDERED and DECREED that,
effective May 1, 2014, Carbon County Rules of Civil Procedure CARB.R.C.P. 205.2
(a) governing Filing of Legal Papers with the Prothonotary, and CARB.R.C.P.
1035.2(a) governing a Motion for Summary Judgment be and are hereby AMENDED as
attached hereto.
IT IS FURTHER ORDERED and
DECREED that Carbon County Rule of Civil Procedure CARB.R.C.P. 205.3.1
governing Filing of Legal Papers with the Prothonotary - Originals and Copies
promulgated effective November 1, 2013 be and is hereby VALID and ENFORCEABLE
retroactive to November 1, 2013.
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
6.
Forward one
(1) copy to the
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
1035.2(a) – MOTION FOR SUMMARY JUDGMENT
1 A
party moving for summary judgment shall simultaneously file with the motion a
proposed order and supporting brief. If a brief is not filed with the motion,
the motion shall be deemed withdrawn, without prejudice, upon motion of the
opposing party. A certificate of service
in conformance with Pa.R.C.P.208.2(a)(5) shall be attached to the motion. Pa.R.C.P.440 governs service. Service shall be required on the District
Court Administrator. For form of briefs,
see CARB.R.C.P.210.
2
Any party opposing the motion shall file
a response within thirty (30) days of service of the motion, together with a
certificate of service evidencing service in accordance with number one
above. Service shall be required on the
District Court Administrator. A party who fails to respond to the motion shall
be deemed to be unopposed to the granting of the motion without contest.
3
Upon service of the motion and response
on the District Court Administrator, the matter shall be decided on briefs
unless the assigned Judge 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 May 1, 2014
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.
10.
Any documents
presented for filing referring to social security numbers, driver's
license/vehicle identification numbers, and any financial account numbers shall
list only the last four digits. Birth
dates shall be limited to the year of birth only. When reference is made to a minor child
(i.e., individuals less than 18 years of age), the names shall not be given,
only their initials. The complete social
security numbers, account numbers, dates of birth and full names of minors
shall be submitted on the Court's “CONFIDENTIAL
INFORMATION FORM” attached hereto. The Prothonotary's Office shall record
the Confidential Information in the Court Computer Database and, upon verification
of proper entry, shall shred the form containing the Confidential
Information. This information shall
remain confidential in that it will only be visible to internal personnel and
cannot be accessed through the public access programs.
11.
The parties and their
attorneys are solely responsible for complying with the provisions of number 10
above. The court staff is not
responsible for reviewing any document filed as a public record for compliance
with number 10 above. A party's or
attorney's failure to comply with the provisions shall not affect access to
case records that are otherwise accessible.
Effective
July 26, 2004
Revision
effective May 1, 2014
COMMONWEALTH
OF PENNSYLVANIA Confidential
Information Form
Carbon County Court of Common Pleas Carbon County Courthouse P.O. Box 131 Jim Thorpe, PA
18229-0131 Telephone: (570)
325-8556
COUNTY OF
CARBON
______________________________________
VS.
______________________________________
Docket
No. ____________________________
|
CONFIDENTIAL
INFORMATION |
|
|
Name: |
Social
Security Number |
|
Financial
Information/Driver’s License Number/VIN |
|
|
Name: |
Social
Security Number |
|
Financial
Information/Driver’s License Number/VIN |
|
|
Name: |
Social
Security Number |
|
Financial
Information/Driver’s License Number/VIN |
|
|
Name: |
Minor
Child(ren) Names/Dates of Birth |
|
|
|
Name: _________________________________ Signature:
______________________________________
Attorney #:
_____________________________ Telephone: __ (___) ______________________________
Address:
__________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
IN
THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL
DIVISION
IN
RE: AMENDMENT OF CARBON
COUNTY’S :
CIVIL CASE MANAGEMENT PLAN :
04-1823
ADMINISTRATIVE ORDER NO. 11-2014
AND
NOW, this 6th day of May, 2014, it is hereby
ORDERED
and DECREED that, effective
July 1, 2014, Carbon County AMENDS the Civil Case Management Plan as attached
hereto.
The
Carbon County District Court Administrator is ORDERED and DIRECTED to do the
following:
1. File one (1) certified copy of this Administrative
Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one
(1) 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:
ROGER N. NANOVIC, P.J.
CARBON COUNTY
COURT OF COMMON PLEAS
CASE MANAGEMENT
PLAN
President Judge Roger N.
Nanovic
Effective July 26, 2004
Revision effective July
1, 2014
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 Judge, 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, upon
management review by the Office of the District Court Administrator or upon the
Court’s own directive. If the amount in
controversy is less than $50,000.00, the case proceeds on the fast track
directly to arbitration.
C. ONE HUNDRED TWENTY-DAY REVIEW
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 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 or service 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 of all fast track cases within ten
(10) months after initial filing. Upon
completion of the discovery period, the case is given a date certain for
arbitration or non-jury trial. In any
case where an appeal for an arbitration award is filed, the case is given a
date certain for a pre-trial conference or non-jury trial. 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 or non-jury trial. 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 or non-jury trial.
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 (If Jury Trial) |
|
16
months |
22
months |
|
Jury/Non-Jury
Trial |
10
months |
18
months |
24
months |
|
|
|
|
|
Exhibit
"1"
