Carbon County Court of Common Pleas
Administrative Orders 2017
Updated
1/11/18
ADMINISTRATIVE
ORDER NO. 1-2017 Appointment of Master in Divorce for 2017
ADMINISTRATIVE
ORDER NO. 2-2017 Appointment of Mental Health Review Officers for 2017
AMENDED
ADMINISTRATIVE ORDER NO. 2-2017
Appointment of Mental Health Review Officers for
2017
ADMINISTRATIVE
ORDER NO. 3-2017 Appointment of Custody Hearing Officer for 2017
ADMINISTRATIVE
ORDER NO. 4-2017 Summoning of Jurors for Carbon County Jury Selection
ADMINISTRATIVE
ORDER NO. 5-2017 Amendment of 56th Judicial District – Constable
Manual for Carbon County
ADMINISTRATIVE
ORDER NO. 7-2017
Amendment of Local Rule of Civil Procedure CARB.R.C.P.1018.1
to Change the Addresses of the Legal Referral Services
Rule 1018.1 – Notice to Defend. Form
ADMINISTRATIVE
ORDER NO. 8-2017 Veterans Treatment Court Dispositions Program (VTC) –
Administrative Fee
ADMINISTRATIVE
ORDER NO. 9-2017 Availability and Temporary Assignments of Magisterial District
Judges
ADMINISTRATIVE
ORDER NO. 10-2017 Availability and Temporary Assignments of Magisterial District
Judges
ADMINISTRATIVE
ORDER NO. 11-2017 Suspension of David R. Kneller
ADMINISTRATIVE
ORDER NO. 12-2017 Suspension of John M. Sarge
ADMINISTRATIVE
ORDER NO. 13-2017 Appointment of Guardian Ad Litem for Children and Youth
Dependency Matters
ADMINISTRATIVE
ORDER NO. 14-2017 Amendment of 56th Judicial District – Constable
Manual for Carbon County
ADMINISTRATIVE
ORDER NO. 15-2017
Public Access Policy: Official Case Records of the
Carbon County Court of Common Pleas C.C.R.J.A 5001
ADMINISTRATOR
ORDER NO. 16-2017 Availability and Temporary Assignments of Magisterial District
Judges
IN THE COURT OF COMMON
PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL
ACTION
IN
RE: APPOINTMENT OF :
MASTER
IN DIVORCE : NO. 17-0001
FOR 2017 :
AND
NOW, this 3rd day of January, 2017, in order to implement the Local
Rules of Court relating to actions for divorce, it is hereby
ORDERED
and DECREED that EILEEN M. DIEHL, Esquire
be and is hereby APPOINTED MASTER for divorce proceedings effective January 1,
2017 until December 31, 2017. To allocate the filing fee between the County
and the litigant, the Master's fee shall be calculated at the rate of FIFTY
DOLLARS ($50.00) per hour for each Master Hearing actually conducted.
BY
THE COURT:
______________________________
ROGER
N. NANOVIC, P.J.
IN THE COURT OF COMMON
PLEAS OF
CIVIL ACTION
IN
RE: APPOINTMENT OF :
MENTAL
HEALTH : NO.
17-0002
REVIEW
OFFICERS :
FOR
2017 :
AND
NOW, this 3rd day of January, 2017, in order to implement the Local
Rules of Court relating to actions for mental disability and intellectual disability,
it is hereby
ORDERED
and DECREED that JENNY Y. C. CHENG, Esquire and ADAM R. WEAVER, Esquire are
hereby APPOINTED as MENTAL HEALTH REVIEW OFFICERS MENTAL HEALTH REVIEW OFFICERS
effective January 1, 2017 until December 31, 2017 for Mental Disability and
Intellectual Disability proceedings for Carbon County residents and for such
proceedings held in Carbon County for non-residents of Carbon County. The appointments shall alternate every two
(2) months as follows:
January
& February: Adam Weaver,
Esquire
March & April: Jenny
Y. C. Cheng, Esquire
May
& June: Adam
Weaver, Esquire
July
& August: Jenny
Y. C. Cheng, Esquire
September
& October: Adam Weaver,
Esquire
November
& December: Jenny Y. C. Cheng,
Esquire
BY
THE COURT:
______________________________
ROGER
N. NANOVIC, P.J.
IN THE COURT OF COMMON
PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION
IN
RE: APPOINTMENT OF :
MENTAL
HEALTH : NO. 17-0002
REVIEW
OFFICERS :
FOR
2017 :
ADMINISTRATIVE ORDER 2-2017
AND
NOW, this 13th day of March, 2017, in order to implement the Local Rules of
Court relating to actions for mental disability and intellectual disability, it
is hereby
ORDERED
and DECREED that JENNY Y. C. CHENG, Esquire and MARK E. COMBI, Esquire are
hereby APPOINTED as MENTAL HEALTH REVIEW OFFICERS MENTAL HEALTH REVIEW OFFICERS
effective March 13, 2017 until February 28, 2018 for Mental Disability and
Intellectual Disability proceedings for Carbon County residents and for such
proceedings held in Carbon County for non-residents of Carbon County. The appointments shall alternate every two
(2) months as follows:
March
& April: Jenny
Y. C. Cheng, Esquire
May
& June: Mark
E. Combi, Esquire
July
& August: Jenny
Y. C. Cheng, Esquire
September
& October: Mark E. Combi, Esquire
November
& December: Jenny Y. C. Cheng,
Esquire
January
& February 2018: Mark E. Combi, Esquire
BY
THE COURT:
______________________________
ROGER N. NANOVIC, P.J.
IN
THE COURT OF COMMON PLEAS OF
CIVIL ACTION
IN
RE: APPOINTMENT OF :
FOR 2017 :
AND NOW, this 3rd
day of January, 2017, in order to implement the Local Rules of Court relating
to actions for child custody and visitation, it is hereby
ORDERED and DECREED that
EILEEN M. DIEHL, Esquire be and is hereby APPOINTED CUSTODY HEARING OFFICER for
visitation and custody proceedings effective January 1, 2017 until December 31,
2017. The Custody Hearing Officer shall
be compensated at the rate of FIFTY DOLLARS ($50.00) for each Preliminary
Conference actually conducted resulting in the filing of an interim order and
SEVENTY-FIVE DOLLARS ($75.00) per hour for each Final Hearing actually
conducted where a final order is disposing of the case.
BY
THE COURT:
______________________________
ROGER N. NANOVIC, P.J.
IN THE COURT OF COMMON PLEAS OF
CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
IN
RE: SUMMONING OF JURORS :
:
No. CP-13-AD-0000001-2017
FOR
CARBON COUNTY :
:
JURY
SELECTION :
AND
NOW, this 3rd day of January, 2017, pursuant to 42 Pa.C.S.A. 4531, it is hereby
ORDERED
and DECREED, that Court Administration, effective immediately, SHALL SELECT at random from the Master List of
prospective jurors three hundred fifty (350) names for the scheduled Terms of
Court for 2017 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
CRIMINAL DIVISION
IN
RE: AMENDMENT OF 56TH JUDICIAL :
DISTRICT
- CONSTABLE MANUAL : NO. CP-13-AD-0000002-2017
FOR CARBON COUNTY :
ADMINISTRATIVE ORDER NO. 05-2017
AND
NOW, this 30th day of January, 2017, it is hereby
ORDERED
and DECREED, that effective March 1, 2017, the Carbon County Court of Common
Pleas AMENDS the attached Constable Manual governing the procedures to be
followed by all Constables performing judicial duties for the 56th Judicial
District.
The Carbon County District Court
Administrator is ORDERED and DIRECTED to do the following:
1.
File one (1) copy electronically to adminrules@pacourts.us
of this Administrative Order and Manual with the Administrative Office of
Pennsylvania Courts.
2.
File two (2) paper copies and one (1) electronic copy in
a Microsoft Word format to bulletin@palrb.us with the Legislative Reference
Bureau for publication in the Pennsylvania
Bulletin.
3.
Publish the Rule on the Carbon
County Court website at http://www.carboncourts.com.
4.
Forward one (1) copy for publication in the Carbon
County Law Journal.
5.
Forward one (1) copy to the Carbon County Law Library.
6.
Keep continuously available for public inspection copies
of the Administrative Order and Manual in the Clerk of Courts Office.
7.
Incorporate the Manual no later than thirty (30) days
after publication in the Pennsylvania
Bulletin with this Court's complete set of Rules of Court published at http://www.carboncourts.com.
BY
THE COURT:
ROGER N. NANOVIC, P.J.
56th
JUDICIAL DISTRICT
CARBON
COUNTY, PENNSYLVANIA
Effective May 1, 2016
Amended March 1, 2017
TABLE OF
CONTENTS
I. General Provisions
II. Powers and Duties
III. Warrant Procedures
IV. Compensation
V. Constable Code of Conduct
Appendix Exhibit A –
Acknowledgment
Exhibit B – Constable
Payment Sheet
I. GENERAL PROVISIONS
A. Definitions - Subject to additional definitions contained in subsequent
sections of this manual, the following words and phrases shall have, unless the
context indicates otherwise, the meanings given to them in this section.
C.C.C.F.
- Carbon County Correctional Facility
Clerk
of Courts - The official, and that official’s office, in the 56th Judicial
District who, pursuant to 42 Pa. C.S.A. §§ 2756 and 2757, has the
responsibility and function to maintain the official criminal case file and
list of docket entries for each criminal proceeding, and to perform such other
duties as required by rule or law.
Constable
- All elected, court appointed, and/or deputy constables duly elected or
appointed pursuant to statutory authority.
As elected or appointed officials, constables are independent
contractors and are not employees of the Commonwealth, the judiciary, or the
municipality in which they serve.
Constable’s Education and Training Board (C.E.T.B.) - The Constable’s
Education and Training Board established and created pursuant to 44 Pa. C.S.A. § 7143
responsible for developing basic training and firearms education for constables
and to certify constables who perform judicial duties.
Controller - The duly elected County Controller for the County of Carbon
empowered with the rights, duties, and responsibilities under the County Code,
16 P.S. § 101 et seq.
County - County of Carbon.
Court - The Court of Common Pleas for the 56th Judicial District.
Court Administrator - The District Court Administrator for the 56th
Judicial District as designated by the Pennsylvania Supreme Court and the
Administrative Offices of the Pennsylvania Courts.
Court Official - The Judges of the Court of Common Pleas for the 56th Judicial
District, the Magisterial District Judges for the 56th Judicial District, the
Carbon County District Court Administrator, the Chief Adult Probation Officer for
the Carbon County Probation Department, and all employees in the respective
offices.
Judicial Duties - Services and duties performed by a constable for the payment of
fees as authorized by 44 Pa. C.S.A. § 7161, including all
services specified therein regardless of whether a fee is actually sought by
the constable or paid by the County.
Magisterial District Judge – A public official having
the power and authority of a magisterial district judge whose jurisdiction
falls within the 56th Judicial District.
P.C.C.D.
- Pennsylvania Commission on Crime and Delinquency.
Prothonotary – The duly elected Prothonotary for the 56th Judicial District empowered with
the rights, duties, and responsibilities under 42 Pa. C.S.A. §§ 2736 and
2737, who has the responsibility to maintain official court records and to
perform such other duties as required by rule or law.
Sheriff – The duly elected Sheriff
for the County of Carbon empowered with the rights, duties, and
responsibilities under the County Code, 16 P.S. § 101 et seq., including all
deputies appointed in compliance with the County Code.
II. POWERS AND DUTIES
A. Requirements of
Constables Performing Judicial Duties in the 56th Judicial District -
Constables performing judicial duties within the 56th Judicial District must:
1. Be certified by C.E.T.B.
2. Post
a bond with the Clerk of Courts’ Office in the sum of $2,500 conditioned upon
the just and faithful discharge by the constable of the duties of his/her
office. The bond shall be held in trust
for the use and benefit of persons who may sustain injury by reason of a
constable’s neglect of duty. Proof of
the filing of a bond must be provided to the Court Administrator’s Office.
3. Maintain a policy of professional
liability insurance providing coverage for the performance of judicial duties
with a minimum coverage of $250,000 per incident and a minimum aggregate of
$500,000 per year. Proof of insurance
coverage must be filed with the Clerk of Courts Office and the Court
Administrator’s Office annually.
4. Maintain a valid and current
Pennsylvania driver’s license and required financial responsibility (automobile
insurance) on any vehicle used for the performance of judicial duties. Proof of licensing and insurance must be
provided to the Court Administrator’s Office as required by that office. Absence of a driver’s license does not
preclude a constable who is otherwise approved by the Court to perform judicial
duties from working with a constable pursuant to 44 Pa. C.S.A. § 7161(c),
provided the unlicensed or uninsured constable does not operate a motor
vehicle. However, unless accompanied by
another constable who maintains a valid and current Pennsylvania driver’s
license and required financial responsibility, a constable who does not possess
a valid driver’s license or required financial responsibility shall not perform
judicial duties.
5. Maintain current contact information
with the Court Administrator’s Office.
Current contact information shall include constable’s current address,
telephone number, and cell phone number.
Contact information shall also include information as to any other
communication equipment utilized by the constable to perform judicial duties
(e.g. pager, fax machine).
6. If carrying a firearm in the
performance of judicial duties, a constable shall provide the Court
Administrator’s Office with proof of certification or qualification to carry or
use firearms as provided by 44 Pa. C.S.A. § 7148.
7. Complete and provide the Controller
with all vendor authorization documents, including the production of a tax
identification number as required by local, state, or federal law or policies
and procedures of the Controller.
8. Provide the Court Administrator’s
Office with an executed acknowledgment evidencing the constable has received a
copy of the Pennsylvania Unified Judicial System Constable Policies,
Procedures, and Standards of Conduct and understands the provisions and terms
set forth therein. The acknowledgment
shall be in the form attached hereto as “Exhibit A.”
9. Provide the Court Administrator’s
Office with an executed acknowledgment evidencing the constable has received a
copy of the Constable Manual for the 56th Judicial District and understands the
provisions and terms set forth in the manual governing the performance of
judicial duties. The acknowledgment
shall be in the form attached hereto as “Exhibit A.”
B. Authorization to
Perform Judicial Duties - No Magisterial District Judge, nor any other
Court Official, shall request or otherwise authorize a constable to perform
judicial duties, nor shall the Controller authorize payment of fees for a
constable performing judicial duties, unless the constable has been designated
by the Court Administrator’s Office as a constable authorized to perform
judicial duties.
1. The Court Administrator’s Office shall
maintain a list of all constables who are authorized to perform judicial duties
within the 56th Judicial District. The
Court Administrator’s Office shall publish the list with all Magisterial
District Judges in the 56th Judicial District; any other Court office utilizing
constable services in the performance of judicial duties; the Controller; and
the Clerk of Courts Office on a regular basis.
This list shall be updated and published at least annually. In the event the privilege of a constable to
perform judicial duties is revoked by the Court, the Court Administrator’s
Office shall promptly notify the identified offices of the same.
2. The Court Administrator’s Office shall
develop policy and procedure to effectuate and ensure a constable’s compliance
with the requirements set forth in Section A
above.
C. Removal of
Authorization to Perform Judicial Duties - Although a constable may only be
removed or disciplined for acts of malfeasance or misfeasance upon petition of
the District Attorney or an individual citizen (see 13 P.S. § 31), a
constable’s authorization to perform judicial duties pursuant to Section B
above may be revoked at any time pursuant to the authority of the President
Judge for the 56th Judicial District.
1.
A constable’s authority to perform judicial duties may be revoked
in the following circumstances:
a. a constable permits
his/her compliance with the requirements of Section A above to lapse;
b. the constable commits a breach of the
duties or requirements of this manual including, but not limited to, the
Constable Code of Conduct as set forth in Section V herein;
c. the constable
commits any violation of the law while in the performance of judicial duties or
is otherwise convicted of criminal conduct which places the integrity or
honesty of the constable at issue;
d. the constable
commits any act which jeopardizes public trust in or brings disrespect to the
Court.
2.
Court Officials who know, or have reason to believe, that a
constable has committed a violation of the Code of Conduct or the provisions of
the Constable Manual shall promptly inform the Court Administrator’s Office of
the same.
3.
All complaints of constable misconduct, including complaints
related to failure to comply with the Constable Manual, shall be promptly
investigated by the Court Administrator.
The results of the investigation shall be provided to the President
Judge for further action, if any.
D. Minimum Requirements - Compliance with the provisions of this manual does not
guarantee a constable the right to perform judicial duties for a Magisterial
District Judge. Rather, the provisions
of this section set forth the minimum requirements which must be complied with
before a constable may be utilized by a Magisterial District Judge to perform
judicial duties. Magisterial District
Judges retain the right to assign constable work within their reasonable
discretion provided the utilized constable is otherwise in compliance with this
section.
III. WARRANT PROCEDURES
A.
Definitions - The following words and
phrases shall have, unless the context indicates otherwise, the meanings given
to them in this section.
Legal
Holiday - For purposes of this manual, the following shall be defined as
legal holidays: New Year’s Day, Martin
Luther King, Jr.'s Day, Presidents' Day, Good Friday, Easter, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, the
Day after Thanksgiving Day, and Christmas Day.
For those holidays identified herein which annually fall on a rotating
calendar day, the actual date shall be defined as the day designated as the
federal holiday.
Arrest
Warrant - An arrest warrant for a misdemeanor/felony offense issued
pursuant to Pa. R. Crim. P. 513 et. al by a
Magisterial District Judge for private criminal complaints, including those
filed by the Pennsylvania Department of Inspector General, and which have been approved by the District
Attorney's Office.
Summary
Warrant - A warrant issued by a Magisterial District Judge pursuant to Pa.
R. Crim. P. 430. This definition
includes both arrest warrants and bench warrants issued pursuant to Rule
430.
B. Summary Warrants and Misdemeanor/Felony Warrants for Private
Criminal Complaints - The following procedures shall apply to the issuance and service
of these warrants.
1. Magisterial District Judges possess the
exclusive right, subject to the authority of the President Judge, to distribute
warrants issued by them to a constable of their choice who satisfies the
requirements of the C.E.T.B., this manual, and the Court Administrator’s Office
to perform judicial duties. Magisterial
District Judges shall issue warrants where appropriate pursuant to the
Pennsylvania Rules of Criminal Procedure and prevailing law.
2. Upon issuance of a warrant, the
Magisterial District Judge may assign the warrant to a constable authorized to perform
judicial duties by the Court Administrator’s Office. Unless the warrant is unassigned, no
constable other than the assigned constable shall serve a warrant within 60 days of the
initial issuance of the warrant by the Magisterial District Court, subject to
the following:
a. If the subject of the warrant is in the
custody of the Sheriff’s Department as a result of contact between the subject
and the Sheriff’s Department unrelated to the warrant or in the custody of
prison officials in which case a duplicate warrant may be issued to the
Sheriff’s Department. In the event the
Sheriff’s Department serves such a warrant, the Magisterial District Judge,
upon notice of the same, shall promptly alert the assigned constable that the
warrant has been served; or
b. If the subject of the warrant is present in the Carbon County Courthouse
and, as a result of routine examination by the Sheriff’s Department of any
person appearing before the Court of Common Pleas or other information acquired
by the Sheriff’s Department, the Sheriff’s Department learns that an individual
present in or at the Courthouse is the subject of a warrant, a duplicate
warrant may be issued to the
Sheriff’s Department. In the event
the Sheriff’s Department serves such a warrant, the Magisterial District Judge, upon notice of the same,
shall promptly alert the assigned constable
that the warrant has been served; or
c. If the
subject of the warrant is in the custody of a constable who has exercised
custody pursuant to another warrant issued and served in compliance with this
manual in which case the original warrant shall be recalled and reissued to the
constable who has custody of the subject; or
d. If the subject of the warrant is in the
custody of a constable as the result of execution of another warrant issued by
a Court official or Magisterial District Judge of another Judicial District of
this Commonwealth in which case the original warrant shall be recalled and
reissued to the Constable.
3. Upon service of the warrant, the constable to whom the warrant has
been assigned shall immediately notify the issuing
authority of service and promptly return a certified copy of the warrant to the
District Court evidencing
service of the warrant.
4. If the subject of the warrant is in the
custody of a municipal or state police officer who, for any reason, has taken
the subject before the issuing authority, the Magisterial District Judge shall
promptly notify any constable to whom the warrant has been assigned that the
warrant has been served.
5. During
the normal operating hours of the Magisterial District Court, if a Constable
reasonably believes he/she will be able to serve a summary warrant which has
been assigned to another Constable, or is unassigned, within the next 12 hours,
he/she shall contact the issuing District Court in which case a warrant may be
issued to the Constable.
6. All assigned,
unserved summary warrants shall be available for service by any
constable authorized to perform judicial duties in the 56th Judicial District
after the 60th
day following issuance of the warrant. In
all such cases, it shall be the responsibility of the constable seeking to
serve the warrant to review the warrant and determine if the warrant is
available to be served by that constable. A constable
shall not request a warrant to be reissued unless imminent service of the
warrant is anticipated. For purposes of
this paragraph, imminent service requires a good faith belief as to the
whereabouts of the subject of the warrant and the likelihood that the warrant
will be served within the immediately subsequent 12-hour period.
7. When a
summary warrant is issued pursuant to Pa. R. Crim. P. 430, upon service of the
warrant, the constable shall either:
a. Accept a signed guilty plea together
with payment in full of the amount of the fines and costs as stated on the
warrant;
b. Accept from the defendant a signed not
guilty plea together with payment in full of the amount of the collateral
stated on the warrant; or
c. If the defendant is unable to pay the
full amount of the fines and costs or collateral, cause the defendant to be
taken without unnecessary delay before the issuing authority during normal
court hours, or before the on-call Magisterial District Judge.
8. When a constable
accepts fines and costs or collateral, the constable shall issue a receipt to
the defendant setting forth the amount of the fines and costs or collateral
received and promptly return a copy of the receipt, signed by the defendant and
constable, to the proper issuing authority.
Constables must return the warrant and any pleas, fines, costs, and/or
restitution collected to the issuing authority no later than the close of
business during the same business day; or if served after normal court hours, on
the next business day. Constables should
make every effort to resolve service of the warrant as per Pa. R. Crim. P. 430
before physically transporting the defendant to the proper issuing authority,
or on-call Magisterial District Judge.
9. A constable
shall not serve a summary warrant issued pursuant to Pa. R. Crim. P. 430 at a
residence between the hours of 10:00 p.m. and 6:00 a.m., or after 10:00 p.m. on
the day preceding a legal holiday until after 6:00 a.m. of the day following
the legal holiday.
10. A constable
shall not attempt to serve a summary warrant or take the subject of such a
warrant into custody unless in possession of a valid warrant.
C. Return of Unserved Warrants
1. A constable who has been issued a warrant
pursuant to this manual shall return the warrant to the Magisterial District
Court at the expiration of sixty (60) days of its issuance or 12 hours for
those warrants issued pursuant to Chapter III, B (5), (6) if the constable is
unable to execute or effectuate service within those time periods. Failure to return the warrant within the time
period set forth herein may, at the discretion of the
President Judge, result in a revocation/restriction of one’s right to perform
judicial duties.
2. A constable shall not, under any
circumstance, make a duplicate or copy of any warrant for purposes of
service.
D. Warrant Service on Incarcerated Parties
1.
Unless
expressly approved in advance by the Issuing Authority, President Judge or
Court Administrator, warrant service on parties already incarcerated or
otherwise in the custody of prison officials [is not authorized and] will not
be compensated.
2.
The
Court may authorize payment in Summary Warrant matters in the event, through
the efforts of a constable seeking a defendant, the constable learns that a
defendant is incarcerated in a County jail outside of Carbon County but within
the Commonwealth, and relays that information to the issuing authority.
a.
The Magisterial District Judge must indicate
that he/she was unaware that the defendant was incarcerated in a County jail
outside of Carbon County but within the Commonwealth when the warrant was
issued.
IV. COMPENSATION
A. Preliminary Provisions - Constables shall be paid fees in compliance with the fee schedule
set forth in 44 Pa. C.S.A. § 7161 or subsequent
legislative act or rule of court.
Constables shall not be paid a fee for any judicial act committed in
violation of the provisions of this manual.
Fees shall not be paid unless the request for fees is made in compliance
with the procedures set forth in this chapter.
B. Reimbursement
Procedure - Constables shall comply with the procedures of this section in
seeking reimbursement for services. A request
for reimbursement of services not in compliance with the procedures of this
section may be denied on that basis.
1. Magisterial District Judge Warrants -
Payment for the performance of judicial duties related to the issuance of a
warrant by a Magisterial District Judge shall be submitted to the Magisterial
District Judge who authorized the service on the form prescribed by the Court
Administrator’s Office or the Administrative Office of the Pennsylvania
Courts. See Exhibit “B” attached to this
manual. The Magisterial District Judge
shall acknowledge receipt of the request by executing the same and promptly
forwarding the request to the County Controller’s Office for payment. Execution of a constable’s fee request by a
Magisterial District Judge evidences that the Magisterial District Judge
authorized the service for which fee reimbursement is being requested.
2. All reimbursement forms shall be
completed in their entirety. A form
which is incomplete will be returned to the constable by the Magisterial
District Court promptly and shall be considered as not having been filed for
purposes of the time period set forth in Section IV (C) of this manual.
C. Time of Invoice -
Request for payment of all fees shall be made to the Magisterial District Judge in the manner directed by this manual
within 30 days of the date of the performed service. Although the County’s liability for the
payment of fees submitted after 30 days of the date of service shall be controlled
by prevailing law, failure to submit requests for payment of fees within the
time period set forth herein may result in the revocation of a constable’s
privilege to perform judicial duties.
D. Mileage - The following rules shall apply to reimbursement for actual
mileage:
1. Actual mileage for travel by motor
vehicle shall be reimbursed at a rate equal to the highest rate allowed by the
Internal Revenue Service.
2. No constable shall undertake travel in
the performance of judicial duties by any mode other than motor vehicle, unless
prior written consent for the same is authorized by the Court
Administrator.
3. In effectuating service of a warrant,
actual mileage for travel by motor vehicle for purposes of the payment of fees
shall be the number of miles from the issuing authority’s office to the
location where the warrant is served plus the number of miles to the location
of commitment, if necessary, plus the number of miles from the commitment
location to the issuing authority’s office.
Where commitment does not occur, actual mileage for travel by motor
vehicle for purposes of the payment of fees shall be the number of miles from
the issuing authority’s office to the location where the warrant is served plus
the number of miles to the location where acceptance of payment or collateral
is made, plus the number of miles from this location to the issuing authority's
office.
E. Hours Worked - All work that calculates reimbursement by the hour shall be
rounded to the nearest quarter-hour.
F. Second
Constable – Except for those
circumstances described in 44 Pa.C.S.A. §7161 (c), upon prior approval by the
issuing authority, when a second constable is utilized in the service of a
warrant, the second constable shall also examine the warrant to ensure that
service of the warrant is in compliance with the provisions of this Manual. The
second constable shall follow all requirements as described in the Manual and
will be held to the same standards as the constable who obtained the warrant
for service.
V. CONSTABLE CODE OF CONDUCT
A. Introduction - A
fair and independent court system is essential to the administration of
justice. Although constables are not
employees of the Commonwealth, the judiciary or any municipal agency, as an
independent contractor, they provide services and aid to the judicial
process. Proper conduct by those
involved in assisting the judicial process inspires public confidence and trust
in the Courts and conveys the values of impartiality and fairness that promote
the integrity of our system of justice.
A constable’s conduct reflects upon the Court’s commitment to serving
the public. A constable performing
judicial duties shall observe high standards of conduct so that the integrity
and independence of the judicial system are preserved. The provisions of this code shall be applied
to further those objectives. All
constables performing judicial duties shall observe the standards of conduct
set forth in this section. These
standards however shall not limit or preclude, nor be interpreted to limit or
preclude, other more stringent standards as established by law or by Court
order or rule.
B. Performance of
Judicial Duties - Constables performing judicial duties shall conduct
themselves in an appropriate and lawful manner at all times and shall adhere to
the following standards. Constables
performing judicial duties:
1. Shall not engage in any form of
discrimination, harassment, or retaliation against any person as prohibited by
law or Court policy;
2. Shall not engage in any form of violence,
threat of violence, or disruptive conduct;
3. Shall not make intentionally false or
misleading statements when performing judicial duties. Specifically, a constable may not make a
false statement of material fact or law or fail to correct a false statement of
material fact or law to any party for purposes of obtaining compliance or
forfeiture by a person of their legal rights;
4. Shall not falsify, or improperly alter
or destroy work-related documents or records;
5. Shall not be impaired by alcohol,
drugs, medications, or other intoxicating substances while performing judicial
duties;
6. Shall not give legal advice while
performing judicial duties beyond an explanation of the duty they are
performing and one’s right to be represented by counsel;
7. Shall not illegally possess weapons or
controlled substances while performing judicial duties;
8. Shall avoid impropriety or the
appearance of impropriety in the performance of all judicial duties;
9. Shall not commit any violation of the
law while performing their judicial duties;
10. Shall not be convicted of any crime which
shall place their integrity, honesty, or credibility at issue or otherwise
negatively reflect upon the integrity and independence of the Court or Court
offices;
11. Shall not make any sexual advance,
request for sexual favors, or perform other verbal or physical conduct of a
sexual nature while in the performance of judicial duties. Such conduct shall include but is not limited
to touching, fondling, patting, pinching, kissing, or other physical contact
for sexual gratification;
12. Shall treat all those with whom they
interact, including Court staff, with professionalism, dignity, respect, and
impartiality;
13. Shall cooperate with all law enforcement
agencies and their representatives including the Sheriff’s Department, the
C.C.C.F., and Carbon County staff;
14. Shall not use any means that has no
substantial purpose other than to embarrass, delay, or burden the rights of
another person or use methods that violate the legal rights of such person;
15. Shall not in any manner hold
himself/herself out to be an agent, employee, or representative of any Court
office; and
16. Shall not utilize a motor vehicle in the
performance of judicial duties contrary to the provisions of the Pennsylvania
Motor Vehicle Code.
C. Confidentiality -
Constables shall not disclose or use confidential information obtained through
the performance of judicial duties for any purpose not connected with the performance
of their judicial duties.
D.
Conflicts of Interest -
1. Constables shall not solicit, accept,
or agree to accept anything of value from any person or entity doing or seeking
to do business with, or having an interest in a matter related to the
performance of judicial duties.
2. Constables shall not permit family,
social, or other relationships to influence their official conduct or judgment,
or to create the appearance of influence in the exercise of their official
conduct or judgment, while in the performance of judicial duties. Constables performing judicial duties shall
inform the Court Administrator of any situation creating undue influence or the
appearance of undue influence.
3. Constables shall not use the resources,
employees, property, facilities, time, or any funds under their control while
in the performance of their judicial duties to improperly benefit them or any
other person.
E. Use of Force - A
constable’s use of force shall be consistent with Pennsylvania law and in compliance
with training and education provided by the C.E.T.B. A constable shall never employ unnecessary
force or violence and shall use only such force in the discharge of duty as is
reasonable under the circumstances.
While the use of force is occasionally unavoidable, every constable in
the performance of judicial duties shall refrain from applying any unnecessary
infliction of pain or suffering and shall never engage in cruel, degrading, or
inhuman treatment of any person. A
constable shall not fire, unholster, or otherwise
remove a firearm from its holster in the performance of judicial duties unless
the same is necessary for the defense of the constable or others in response to
the threat or use of deadly force against the constable or another where the
action is consistent with firearms training provided by P.C.C.D. In no event shall a firearm be unholstered for purposes of intimidation.
F. Appearance -
1. Dress - All constables shall dress in
customary law enforcement uniform or casual business dress while performing
judicial duties. Denim jeans are
considered neither customary law enforcement uniform nor casual business dress
and are prohibited.
2. Sign of Authority - While in the
performance of judicial duties, all constables shall prominently display a
badge of authority on their outermost clothing.
The badge of authority shall consist of either a Pennsylvania state
constable patch or a badge pinned to the outermost garment, displayed around the
neck, or attached to a belt. Additionally,
while performing judicial duties, a constable shall carry at all times a
constable certification card issued by C.E.T.B. indicating certification number
and expiration date.
G. Duty to Report -
Constables who are arrested, charged with, or convicted of a crime, including
summary offenses, which occurred while the constable was acting in the course
of performing judicial duties, shall report this fact to the Court
Administrator at the earliest opportunity, however, in no event shall this
report be made later than three (3) business days from the date of arrest or
receipt of charges. Constables who are
arrested, charged with, or convicted of a crime, other than summary traffic
offenses not committed while in the performance of judicial duties, regardless
of the jurisdiction in which the conduct occurred, shall report this fact to
the Court Administrator at the earliest reasonable opportunity, however, in no
event shall this report be made later than three (3) business days from the
date of the arrest or receipt of charges.
ACKNOWLEDGMENT
I,
____________________________________, have received a copy of the Pennsylvania
Unified Judicial System Constable Policies, Procedures, and Standards of
Conduct. I also acknowledge receipt of a
copy of the Fifty-Sixth Judicial District Constable Manual. I understand that in order to perform
judicial duties, or to be paid for work performed for the Fifty-Sixth Judicial
District, I must abide by the procedures and requirements set forth in the Pennsylvania
Unified Judicial System Constable Policies, Procedures, and Standards of
Conduct and the Fifty-Sixth Judicial District Constable Manual, including the
Code of Conduct, and hereby agree to abide by those procedures and
requirements.
______________________________________ ____________________
Print Name Date
______________________________________
Signature
______________________________________
Witness
Exhibit A
CARBON COUNTY
CONSTABLE PAYMENT SHEET
CONSTABLE NAME ______________________________________________ CONSTABLE NUMBER
__________________
DISTRICT COURT NUMBER
_________________________ DISTRICT JUDGE
____________________________________
DEFENDANT’S NAME
________________________________________________DOCKET NUMBER
__________________
DEFENDANT’S ADDRESS
_______________________________________________________________________________
_____________________________________________________________________________________________________
DATE(S) SERVICES DATE(S) SERVICES
SERVICE FEE PERFORMED SERVICE FEE PERFORMED
WARRANT
……….$___________
(____)______________ ARRAIGNMENT………………$ ___________ * (____)_______________
HOW WAS
SERVICE MADE? __________________________
COMMIT TO.…………………....$____________ * (____)_______________
__________________________________________________
_____________________________________________________________
__________________________________________________ RETURN OF SERVICE ….…. $___________ (____)_______________
TO WHOM? _______________________________________ CONVEY (FINGERPRINTING) $___________ * (____)_______________
RELEASE
………..$___________ (____)______________
FINGERPRINTING ……………$___________
* (____)_______________
CUSTODY……….
$___________ * (____)______________
RELEASED ON BOND …….…$___________
* (____)_______________
CONVEY
……..….$___________
* (____)______________ OTHER
………………………... $___________
(____)_______________
TO:_______________________________________________ OTHER ……………………….. $___________ (____)_______________
TO:_________________________________________ OTHER
……………………….. $___________ (____)_______________
* MAY
ONLY BE CHARGED ONCE PER DEFENDANT PER DATE HANDLED
TOTAL $ ____________________
NAME OF ASSISTING CONSTABLE
OR DEPUTY _________________________________________________________________
DATE FROM/TO
MILES
__________
_________________________________________ ____________
__________
_________________________________________ ____________
__________
_________________________________________ ____________
__________
_________________________________________ ____________
__________
_________________________________________ ____________
MILEAGE @ _________ CENTS PER MILE TOTAL MILES ____________ MILES $ ____________________
ATTACH ADDITIONAL SHEETS,
IF NECESSARY.
CETA $ ____________________
TOTAL
AMOUNT DUE $ ____________________
I HEREBY CERTIFY THAT THE
ABOVE SERVICES HAVE BEEN PERFORMED.
THE UNDERSIGNED HEREBY CERTIFIES THAT THE ABOVE
SERVICES HAVE BEEN PERFORMED AND THAT
NO OTHER
__________DAY OF
_________________, _________ REQUESTS FOR PAYMENT FOR THESE
SERVICES HAS
BEEN MADE.
_____________________________________________________ ________________________________________________________
DISTRICT JUDGE (DISTRICT COURT SEAL) SIGNATURE OF
CONSTABLE
Exhibit B
IN
THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL DIVISION
IN
RE :
AMENDMENT OF LOCAL RULE OF :
CIVIL
PROCEDURE CARB.R.C.P.1018.1 : NO.
17-2541
TO
CHANGE THE ADDRESSES OF THE :
LEGAL REFERRAL SERVICES :
ADMINISTRATIVE
ORDER NO. 7-2017
AND NOW, this 7th day of December, 2017, it is hereby
ORDERED and DECREED that effective immediately, the Carbon County Court of
Common Pleas AMENDS Carbon County Rule of Civil Procedure CARB.R.C.P. 1018.1 governing the Notice to Defend and
Form to change the addresses of the listed legal referral services, in the form
attached hereto.
BY
THE COURT:
ROGER N. NANOVIC, P.J.
RULE 1018.1 - NOTICE TO DEFEND. FORM
As
required by Pa.R.C.P.1018.1(c), the following shall be designated in the Notice
to Defend as the persons from whom legal referral information can be obtained:
North Penn
Legal Services 101 West Broad Street, Suite
713 Hazleton, PA 18201 877-953-4250 |
or |
Carbon
County Bar Association Lawyer Referral 811
Blakeslee Blvd., Drive East, Suite 130 Lehighton,
PA 18235 610-379-4952 |
Every Notice to Defend shall be
prepared in English and Spanish. Below
is the Spanish version of the Notice to Defend.
AVISO
Le ban demandado a usted
en la corte. Si usted quiere defenderse
de estas demandas expuestas en las paginas
siguientes, usted tiene veinte (20) dias de plazo
al partir de la fecha de la
demanda y la notificacion. Hace falta ascentar
una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas
y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir
a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero
o sus propiedades u otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
North Penn
Legal Services 101 West Broad Street, Suite
713 Hazleton, PA 18201 877-953-4250 |
or |
Carbon
County Bar Association Lawyer Referral 811
Blakeslee Blvd., Drive East, Suite 130 Lehighton,
PA 18235 610-379-4952 |
IN
THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL
DIVISION
IN
RE : VETERANS
TREATMENT COURT :
DISPOSITIONS PROGRAM (VTC) - : CP-13-AD-0000003-2017
ADMINISTRATIVE FEE :
ADMINISTRATIVE ORDER NO. 8-2017
AND NOW, this 10th day of
March, 2017, in order to administer the Veterans Treatment Court Program, it is
hereby
ORDERED
and DECREED that all parties placed into the Carbon County Veterans Treatment
Court shall be assessed an Administrative Fee of $500.00 upon placement in the
program.
The
Carbon County District Court Administrator is ORDERED and DIRECTED to do the
following:
1.
File one (1) certified copy of
this Administrative Order with the Administrative Office of Pennsylvania
Courts.
2.
File two (2) certified copies and one
(1) computer diskette with the Legislative Reference Bureau for publication in
the Pennsylvania Bulletin.
3.
Publish a copy of this Administrative
Order on the Unified Judicial System’s website at
http://ujsportal.pacourts.us/localrules/ruleselection.aspx.
4.
Forward one (1) copy for publication in
the
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.
IN THE COURT OF COMMON
PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL DIVISION
CRIMINAL DIVISION
IN
RE: AVAILABILITY AND : NO.
17-0032
TEMPORARY ASSIGNMENTS OF
: CP-13-AD-0000005-2017
MAGISTERIAL DISTRICT JUDGES :
ADMINISTRATIVE
ORDER 9-2017
AND
NOW, this _____ day of March, 2017, 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 April 3,
2017 through July 23, 2017.
IT
IS FURTHER ORDERED AND DECREED that the same Magisterial District Judge
temporarily assigned on this schedule SHALL SERVE as the temporary issuing
authority during regularly scheduled hours for any Magisterial District Judge unavailable due to
duties outside the county, mandatory continuing education classes, illness or
vacation.
BY THE
COURT:
______________________________
ROGER
N. NANOVIC, P.J.
SCHEDULE FOR OTHER THAN REGULARLY
SCHEDULED HOURS AND EMERGENCIES FOR
CARBON COUNTY MAGISTERIAL DISTRICT JUDGE COURTS 3-1, 3-2, 3-3 AND 3-4 BEGINNING
4:30 P. M. EACH MONDAY AND ENDING THE FOLLOWING MONDAY AT 4:30 P. M.
April 3, 2017 April 10, 2017 April 17, 2017 April 24, 2017 May 1, 2017 May 8, 2017 May 15, 2017 May 22, 2017 May 29, 2017 June 5, 2017 June 12, 2017 June 19, 2017 June 26, 2017 July 3, 2017 July 10, 2017 July 17, 2017 |
|
Magisterial District Judge Eric M.
Schrantz Magisterial District Judge Joseph D. Homanko Magisterial District Judge Casimir T.
Kosciolek Magisterial District Judge William J.
Kissner Magisterial District Judge Eric M.
Schrantz Magisterial District Judge Joseph D. Homanko Magisterial District Judge Casimir T.
Kosciolek Magisterial District Judge William J.
Kissner Magisterial District Judge Eric M.
Schrantz Magisterial District Judge Joseph D. Homanko Magisterial District Judge Casimir T.
Kosciolek Magisterial District Judge William J.
Kissner Magisterial District Judge Eric M.
Schrantz Magisterial District Judge Casimir T.
Kosciolek Magisterial District Judge Joseph D. Homanko Magisterial District Judge William J.
Kissner |
|
Court 3-1 Court 3-4 Court 3-3 Court 3-2 Court 3-1 Court 3-4 Court 3-3 Court 3-2 Court 3-1 Court 3-4 Court 3-3 Court 3-2 Court 3-1 Court 3-3 Court 3-4 Court 3-2 |
IN
THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL
DIVISION
CRIMINAL
DIVISION
IN
RE: AVAILABILITY AND :
NO. 17-0032
TEMPORARY ASSIGNMENTS OF : CP-13-AD-0000005-2017
MAGISTERIAL
DISTRICT JUDGES :
ADMINISTRATIVE ORDER
10-2017
AND
NOW, this 17th day of July, 2017, 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 July 23,
2017 through January 7, 2018.
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.
July 24, 2017 July 31, 2017 August 7, 2017 August 14, 2017 August 21, 2017 August 28, 2017 September 4, 2017 September 11, 2017 September 18, 2017 September 25, 2017 October 2, 2017 October 9, 2017 October 16, 2017 October 23, 2017 October 30, 2017 November 6, 2017 November 13, 2017 November 20, 2017 November 27, 2017 December
4, 2017 December
11, 2017 December
18, 2017 December
25, 2017 January
1, 2018 |
|
Magisterial District Judge Eric M. Schrantz Magisterial District Judge Joseph D. Homanko Magisterial District Judge Casimir T. Kosciolek Magisterial District Judge William J. Kissner Magisterial District Judge Eric M. Schrantz Magisterial District Judge Joseph D. Homanko Magisterial District Judge Casimir T. Kosciolek Magisterial District Judge William J. Kissner Magisterial District Judge Eric M. Schrantz Magisterial District Judge Joseph D. Homanko Magisterial District Judge Casimir T. Kosciolek Magisterial District Judge William J. Kissner Magisterial District Judge Eric M. Schrantz Magisterial District Judge Joseph D. Homanko Magisterial District Judge Casimir T. Kosciolek Magisterial District Judge William J. Kissner Magisterial District Judge Eric M. Schrantz Magisterial District Judge Joseph D. Homanko Magisterial
District Judge Casimir T. Kosciolek Magisterial
District Judge William J. Kissner Magisterial
District Judge Eric M. Schrantz Magisterial
District Judge Joseph D. Homanko Magisterial
District Judge Casimir T. Kosciolek Magisterial
District Judge William J. Kissner |
|
Court 3-1 Court 3-4 Court 3-3 Court 3-2 Court 3-1 Court 3-4 Court 3-3 Court 3-2 Court 3-1 Court 3-4 Court 3-3 Court 3-2 Court 3-1 Court 3-4 Court 3-3 Court 3-2 Court 3-1 Court 3-4 Court
3-3 Court
3-2 Court
3-1 Court
3-4 Court
3-3 Court
3-2 |
IN THE COURT OF COMMON
PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
IN
RE: SUSPENSION OF :
DAVID
R. KNELLER : NO. CP-13-AD-00000007-2017
AND
NOW, this 10th day of July, 2017, it is hereby
ORDERED
and DECREED that, effective immediately and continuing until further order of
this Court, Constable David R. Kneller, PCCD Certification #B003636, is
SUSPENDED from performing any judicial duties in the 56th Judicial District,
Carbon County, Pennsylvania. No
Magisterial District Court within this district shall assign any duties to
Constable Kneller and the same are further ORDERED to cease issuing warrants or
other judicial process to Constable David R. Kneller and to recall all warrants
or other judicial process previously issued to Constable David R. Kneller. Constable Kneller shall immediately return
any uncompleted judicial assignments to the issuing authority.
The Carbon County
Sheriff is ORDERED to serve a copy of this order on Constable David R.
Kneller. The Clerk of Courts shall serve
a copy of this Order upon all Magisterial District Judges within the 56th
Judicial District, the Carbon County District Attorney and the District Court
Administrator. The District Court
Administrator shall publish notice of this suspension pursuant to Article I.A.2.
of the Pennsylvania Unified Judicial System Constable
Policies, Procedures and Standards of Conduct.
BY
THE COURT:
________________________________
ROGER N. NANOVIC, P.J.
IN THE COURT OF COMMON
PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
IN
RE: SUSPENSION OF :
JOHN
M. SARGE : NO. CP-13-AD-00000006-2017
AND
NOW, this 10th day of July, 2017, it is hereby
ORDERED
and DECREED that, effective immediately and continuing until further order of
this Court, Constable John M. Sarge, PCCD
Certification #B000482, is SUSPENDED from performing any judicial duties in the
56th Judicial District, Carbon County, Pennsylvania. No Magisterial District Court within this
district shall assign any duties to Constable Sarge
and the same are further ORDERED to cease issuing warrants or other judicial
process to Constable John M. Sarge and to recall all
warrants or other judicial process previously issued to Constable John M. Sarge. Constable Sarge shall immediately return any uncompleted judicial
assignments to the issuing authority.
The Carbon County
Sheriff is ORDERED to serve a copy of this order on Constable John M. Sarge. The Clerk of
Courts shall serve a copy of this Order upon all Magisterial District Judges
within the 56th Judicial District, the Carbon County District Attorney and the
District Court Administrator. The
District Court Administrator shall publish notice of this suspension pursuant
to Article I.A.2. of the Pennsylvania Unified Judicial
System Constable Policies, Procedures and Standards of Conduct.
BY
THE COURT:
________________________________
ROGER
N. NANOVIC, P.J.
IN THE COURT OF COMMON
PLEAS OF
IN
RE: APPOINTMENT OF :
GUARDIAN
AD LITEM : NO. CP-13-AD-000008-2017
FOR
CHILDREN AND YOUTH :
DEPENDENCY
MATTERS :
AND NOW, this 28TH day of November,
2017, it is hereby ORDERED and DECREED that MARK COMBI, Esquire is hereby appointed GUARDIAN AD LITEM for CHILDREN
AND YOUTH DEPENDENCY MATTERS and will continue until revoked by order of court. The Carbon County Department of Children and
Youth shall check for any conflicts of interest and petition for appointment of
conflict counsel as appropriate.
BY
THE COURT:
______________________________
ROGER N. NANOVIC, P.J.
IN
THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL
DIVISION
IN
RE: AMENDMENT OF 56TH JUDICIAL :
DISTRICT
- CONSTABLE MANUAL : NO.
CP-13-AD-0000009-2017
FOR
CARBON COUNTY
:
ADMINISTRATIVE
ORDER NO. 14-2017
AND NOW, this 28th day of November, 2017, it is hereby
ORDERED and DECREED, that the Carbon County Court of Common Pleas AMENDS the Constable
Manual, Section IV, governing Compensation procedures by adding the following
subsections:
IV.B.3. Unsuccessful Service-Constables shall
be paid the standard rate of $2.50 per warrant for unsuccessful service which
shall be evidenced by a properly completed return of service form.
IV.D.4. Mileage reimbursement for unsuccessful
service is not authorized.
The Carbon County District Court Administrator is ORDERED and DIRECTED
to:
1. File one (1) copy electronically to adminrules@pacourts.us of this
Administrative Order and Manual with the Administrative Office of Pennsylvania
Courts.
2. File two (2) paper copies and one (1)
electronic copy in a Microsoft Word format to bulletin@palrb.us
with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. Publish the Rule
on the Carbon County Court website at http://www.carboncourts.com.
4. Forward one (1) copy for publication in
the Carbon County Law Journal.
5. Forward one (1) copy to the Carbon
County Law Library.
6. Keep continuously available for public
inspection copies of the Administrative Order and Constable Manual in the Clerk
of Courts Office.
7. Incorporate into the Manual no later
than thirty (30) days after publication in the Pennsylvania Bulletin with this Court's complete set of
Rules of Court published at http://www.carboncourts.com.
BY
THE COURT:
ROGER N. NANOVIC, P.J.
IN
THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL DIVISION
IN
RE : PUBLIC ACCESS POLICY:
:
OFFICIAL
CASE RECORDS OF THE : NO. 17-2602
CARBON
COUNTY : 17-9395
COURT
OF COMMON PLEAS : CP-13-AD-0000010-2017
C.C.R.J.A
5001
ADMINISTRATIVE ORDER NO. 15-2017
AND NOW, this 28th day of November,
2017, it is hereby Ordered that Carbon County Local
Rules of Judicial Administration 5000.5-Requests for Transcripts, and
5000.7-Fees for Transcripts are vacated.
Carbon County Local Rule of Judicial
Administration 5001-Public Access Policy: Official Case Records of the Carbon
County Court of Common Pleas, is adopted as follows:
All filings in
the Court of Common Pleas of Carbon County shall comply with the Public Access
Policy of the Unified Judicial System of Pennsylvania. Information that is
confidential as defined by the Public Access Policy shall not be included in
any document filed in the Court of Common Pleas of Carbon County, except on a
Confidential Information Form filed contemporaneously with the document.
Confidential
information filed in accordance with the Public Access Policy shall be on a
standardized Confidential Information Form provided by the Administrative
Office of Pennsylvania Courts. The form shall be available in each filing
office as well as on the Court's website at www.carboncourts.com. Failure to
comply with the requirements may result in the matter being before the court
for hearing or sanctions.
A copy of this
policy shall be continuously available for public inspection in each filing
office, in the Court Administration Office of Carbon County Courts, and on the
Court's website at www.carboncourts.com.
This policy
shall be effective as of January 6, 2018.
The Carbon
County District Court Administrator is ORDERED and DIRECTED to:
1. File one (1) copy electronically to adminrules@pacourts.us of this
Administrative Order and Manual with the Administrative Office of Pennsylvania
Courts.
2. File two (2) paper copies and one (1)
electronic copy in a Microsoft Word format to bulletin@palrb.us
with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. Publish a copy of this Administrative Order
on the Unified Judicial System’s website at: http://ujsportal.pacourts.us/localrules/ruleselection.aspx
4. Publish a copy of the Administrative
Order on the Carbon County Court of Common Pleas website at: www.carboncourts.com.
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 copies of the Administrative Order
and Policy continuously available for public inspection in the Clerk of Courts’
Office, Prothonotary’s Office, and Register of
Wills/Clerk of Orphans Court office.
BY
THE COURT:
ROGER N. NANOVIC, P.J.
IN THE COURT OF COMMON
PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL
DIVISION
CRIMINAL
DIVISION
IN
RE: AVAILABILITY AND : NO. 17-0032
TEMPORARY
ASSIGNMENTS OF : CP-13-AD-0000005-2017
MAGISTERIAL
DISTRICT JUDGES :
ADMINISTRATIVE
ORDER 16-2017
AND
NOW, this __8th__ day of December, 2017, in order to ensure compliance
with Pa.R.C.P.M.D.J.112 governing the Rules of Conduct, Office Standards, and
Civil Procedure for Magisterial District Judges, Pa.R.Crim.P.
132 governing the Temporary Assignment of Issuing Authorities, Pa.R.C.P. 1901.2 governing Scheduling of Temporary
Protection From Abuse matters, Carbon County’s
Administrative Order 27-2001 governing when the Court is available to address
Temporary Protection From Abuse matters, Carbon County Local Rule CARB.R.C.P.
1901.5 governing Enforcement of Protection From Abuse
matters and 35 P.S. § 10225.307 governing Involuntary Intervention by Emergency
Court Order under the Older Adult Protective Services Act, it is hereby
ORDERED
and DECREED that the schedule attached hereto be and is hereby APPROVED and
said attachment SHALL ESTABLISH the on-call schedule and temporary assignments
for the Magisterial District Judges of Carbon County for the period of January
1, 2018 through July 15, 2018.
IT
IS FURTHER ORDERED AND DECREED that the same Magisterial District Judge
temporarily assigned on this schedule SHALL SERVE as the temporary issuing
authority during regularly scheduled hours for any Magisterial District Judge unavailable due to
duties outside the county, mandatory continuing education classes, illness or
vacation.
BY
THE COURT:
______________________________
ROGER N. NANOVIC, P.J.
SCHEDULE FOR OTHER THAN REGULARLY
SCHEDULED HOURS AND EMERGENCIES FOR
CARBON COUNTY MAGISTERIAL DISTRICT JUDGE COURTS 3-1, 3-2, 3-3 AND 3-4 BEGINNING
4:30 P. M. EACH MONDAY AND ENDING THE FOLLOWING MONDAY AT 4:30 P. M.
January
1, 2018 January
8, 2018 January
15, 2018 January
22, 2018 January
29, 2018 February
5, 2018 February
12, 2018 February
19, 2018 February
26, 2018 March
5, 2018 March
12, 2018 March
19, 2018 March
26, 2018 April
2, 2018 April
9, 2018 April
16, 2018 April
23, 2018 April
30, 2018 May
7, 2018 May
14, 2018 May
21, 2018 May
28, 2018 June 4, 2018 June 11,
2018 June 18,
2018 June 25,
2018 July 2, 2018 July 9, 2018 |
|
Magisterial
District Judge William J. Kissner Magisterial
District Judge Eric M. Schrantz Magisterial
District Judge Joseph D. Homanko Magisterial
District Judge Casimir T. Kosciolek Magisterial
District Judge William J. Kissner Magisterial
District Judge Eric M. Schrantz Magisterial
District Judge Joseph D. Homanko Magisterial
District Judge Casimir T. Kosciolek Magisterial
District Judge Eric M. Schrantz Magisterial
District Judge William J. Kissner Magisterial
District Judge Joseph D. Homanko Magisterial
District Judge Casimir T. Kosciolek Magisterial
District Judge William J. Kissner Magisterial
District Judge Eric M. Schrantz Magisterial
District Judge Joseph D. Homanko Magisterial
District Judge Casimir T. Kosciolek Magisterial
District Judge William J. Kissner Magisterial
District Judge Eric M. Schrantz Magisterial
District Judge Joseph D. Homanko Magisterial
District Judge Casimir T. Kosciolek Magisterial
District Judge William J. Kissner Magisterial
District Judge Eric M. Schrantz Magisterial
District Judge Joseph D. Homanko Magisterial
District Judge Casimir T. Kosciolek Magisterial
District Judge William J. Kissner Magisterial
District Judge Eric M. Schrantz Magisterial
District Judge Joseph D. Homanko Magisterial
District Judge Casimir T. Kosciolek |
|
Court
3-2 Court
3-1 Court
3-4 Court
3-3 Court
3-2 Court
3-1 Court
3-4 Court
3-3 Court
3-1 Court
3-2 Court
3-4 Court
3-3 Court
3-2 Court
3-1 Court
3-4 Court
3-3 Court
3-2 Court
3-1 Court
3-4 Court 3-3 Court 3-2 Court 3-1 Court 3-4 Court 3-3 Court 3-2 Court 3-2 Court 3-4 Court 3-3 |