Carbon
County Court of Common Pleas
Administrative Orders 2019
Updated 1/14/2020
ADMINISTRATIVE ORDER NO. 1-2019 Appointment
of Master in Divorce for 2019
ADMINISTRATIVE ORDER NO. 2-2019 Appointment
of Mental Health Review Officers for 2019
AMENDED ADMINISTRATIVE ORDER NO. 2-2019 Appointment of Mental
Health Review Officers for 2019
ADMINISTRATIVE ORDER NO. 3-2019 Appointment
of Custody Hearing Officer for 2019
ADMINISTRATIVE ORDER NO. 4-2019 Summoning of Jurors for Carbon County Jury Selection
ADMINISTRATIVE ORDER NO. 5-2019 Appointment
of Board of Viewers
ADMINISTRATIVE ORDER NO. 6-2019 Drug
Treatment Court Programs Administrative Fee
ADMINISTRATIVE ORDER NO. 7-2019 PACFILE
Electronic Filing System Established for Clerk of Courts Pursuant to PA R.Crim.P. 576.1
Rule 576.1 Electronic
Filing and Service of Legal Papers-Local Rule
ADMINISTRATIVE ORDER NO. 8-2019 Availability
and Temporary assignment of Magisterial District Judges
ADMINISTRATIVE ORDER NO. 9-2019 Availability
and Temporary assignments of Magisterial District Judges
ADMINISTRATIVE ORDER NO. 10-2019 Mental
Health Review Officer scheduled days at St. Luke’s-Lehighton
IN THE
COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL
ACTION
IN
RE: APPOINTMENT OF
:
MASTER IN DIVORCE : NO. 19-0001
FOR 2019 :
AND NOW, this 2ND
day of January, 2019, 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 is
hereby APPOINTED MASTER for divorce proceedings effective January 1, 2019 until
December 31, 2019.
To allocate the filing fee between the County and the litigant, the
Master's fee shall be calculated at the rate of FIFTY DOLLARS ($50.00) per hour
for each Master Hearing actually conducted.
BY
THE COURT:
______________________________
ROGER N. NANOVIC, P.J.
IN THE
COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL
ACTION
IN
RE: APPOINTMENT OF :
MENTAL
HEALTH : NO. 19-0002
REVIEW
OFFICERS :
FOR
2019 :
AND NOW, this 2ND
day of January, 2019, 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, VINCENT R. GARVEY, Esquire, are hereby APPOINTED as
MENTAL HEALTH REVIEW OFFICERS effective January 1, 2019 until December 31, 2019
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: Vincent R.
Garvey, Esquire
March
& April: Jenny
Y. C. Cheng, Esquire
May
& June: Vincent
R. Garvey, Esquire
July
& August: Jenny
Y. C. Cheng, Esquire
September & October: Vincent R. Garvey, 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.
19-0002
REVIEW
OFFICERS :
FOR
2019 :
ADMINISTRATIVE ORDER
2-2019
AND NOW, this 23rd day of
August, 2019, 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 effective September 1, 2019 until December 31,
2019 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:
September & October: Jenny Y. C. Cheng, Esquire
November & December: Adam R. Weaver, Esquire
BY
THE COURT:
______________________________
ROGER N. NANOVIC, P.J.
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY,
PENNSYLVANIA
CIVIL
ACTION
IN
RE: APPOINTMENT OF :
CUSTODY HEARING OFFICER : NO.
19-0003
FOR 2019 :
AND
NOW, this 2ND day of January, 2019, 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 is hereby APPOINTED CUSTODY HEARING
OFFICER for visitation and custody proceedings effective January 1, 2019 until
December 31, 2019. 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-0000001-2019
FOR
CARBON COUNTY :
:
JURY
SELECTION :
AND
NOW, this 2ND day of January, 2019, 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 2019 with the exact number of jurors reporting to be determined by
the Court prior to the beginning of trials.
BY THE COURT:
ROGER N. NANOVIC, P.J.
IN THE
COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL
ACTION - LAW
IN
RE: APPOINTMENT OF :
BOARD OF VIEWERS : NO. 19-0005
ADMINISTRATIVE ORDER NO. 5-2019
AND
NOW, this 2nd day of January, 2019, by the authority vested in this Court under
the provisions of the Judicial Code, 42 Pa.C.S.A.
§2142, it is hereby
ORDERED
and DECREED that the following shall be the members of the CARBON COUNTY BOARD
OF VIEWERS effective from January 1, 2019 until December 31, 2021:
ANTHONY
ROBERTI, ESQUIRE
56
Broadway
Jim
Thorpe, PA 18229
WILLIAM
E. MCDONALD, ESQUIRE
113
West Ridge Street
P.O.
Box 130
Lansford,
PA 18232
GERALD
F. STRUBINGER, JR., ESQUIRE
505
Delaware Avenue
Palmerton,
PA 18071
MICHAEL
J. GARFIELD, ESQUIRE
2588
State Route 903
P.O.
Box 609
Albrightsville,
PA 18210
GAIL
A. CHRISTMAN
157
South First Street
Lehighton,
PA 18235
CARLENE
ANDRESS
Andress Appraisals
517
Delaware Avenue
Palmerton,
PA 18071
JAMES
A. CHRISTMAN
362
Delaware Avenue
Palmerton,
PA 18071
JAMES
SHOBER
903
Appraisal Service
670
E White Bear Drive
Summit
Hill, PA 18250-1725
WILLIAM
PERSON
Person
Agency, Inc.
190
S. First Street
Lehighton,
PA 18235
Compensation rates for
Board of View members shall be $50 per hour for time expended out of court and
$75 per hour for time expended in court.
BY
THE COURT:
_________________________
Roger
N. Nanovic, P.J.
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY,
PENNSYLVANIA
CRIMINAL DIVISION
IN
RE: DRUG TREATMENT : CP-13-AD-0000002-2019
COURT
PROGRAMS :
ADMINISTRATIVE
FEE :
ADMINISTRATIVE ORDER NO. 6-2019
AND NOW, this 14th day of January, 2019, in
order to administer the Carbon County Drug Treatment Court Programs, it is
hereby
ORDERED
and DECREED that all parties placed into either the Carbon County Veterans
Treatment Court or the Carbon County Drug Treatment Court shall be assessed an
Administrative Fee of $500.00 upon placement in the program.
Administrative Order
8-2017 is VACATED.
The
Carbon County District Court Administrator is directed to:
1.
File one (1)
certified copy of this Administrative Order with the Administrative Office of
Pennsylvania Courts via email to adminrules@pacourts.us.
2.
File two (2)
certified copies and one electronic copy in Microsoft Word format only 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 Carbon County Court website at
www.carboncourts.com/rules.htm.
4.
Forward one
(1) copy for publication in the
5.
Forward one
(1) copy to the Carbon County Law Library.
6.
Keep copies
of the Order continuously available for public inspection in the Carbon County
Clerk of Courts’ Office.
BY
THE COURT:
ROGER N. NANOVIC, P.J.
IN THE COURT OF COMMON
PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
IN
RE :
PACFILE ELECTRONIC FILING SYSTEM
: NO. CP-13-AD-
ESTABLISHED
FOR CLERK OF COURTS : 0000003-2019
PURSUANT
TO PA R.CRIM.P. 576.1 :
ADMINISTRATIVE ORDER NO. 7-2019
AND
NOW, this 28th day of June 2019, pursuant to Pa. R.Crim.P.
576.1, it is hereby ORDERED and DECREED that, effective July 15th, 2019, Carbon County
R.Crim.P. 576.1 is promulgated to authorize
use of the PACFile system in the Clerk of Courts
office.
The
Carbon County District Court Administrator is ORDERED and DIRECTED to:
1. File two paper copies and one electronic copy
in Microsoft Word format with the Legislative Reference Bureau for publication
in the Pennsylvania Bulletin.
2.
File one copy of this Administrative Order and
Local Rule with the Administrative Office of Pennsylvania Courts.
3.
Publish a
copy of the Local Rule on the website of the Carbon County Court of Common
Pleas
4.
Incorporate the
Local Rule in the complete set of Local Rules no later than 30 days following
publication in the Pennsylvania Bulletin.
5.
Forward one
copy for publication in the Carbon County Law Journal.
6.
Forward one
copy to the Carbon County Law Library.
7.
Keep copies
of this order continuously available for public inspection and copying in the
Clerk of Courts Office.
BY
THE COURT:
ROGER N. NANOVIC, P.J.
Rule 576.1 Electronic Filing and Service
of Legal Papers-Local Rule
(A) General
Scope and Purpose of the Rule
Pursuant to
Pennsylvania Rule of Criminal Procedure 576.1, Electronic Filing and Service of
Legal Papers, electronic filing of legal papers through the PACFile
electronic filing system is permissive in Carbon County, the 56th Judicial
District, as of July 15th, 2019. The Administrative Office of Pennsylvania
Courts and the judicial district of Carbon County have agreed upon an
implementation plan for PACFile in Carbon County.
(B)
PACFile
(1)
The
exclusive system for electronic filing is the PACFile
System, developed and administered by the Administrative Office of the
Pennsylvania Courts and located on Pennsylvania’s Unified Judicial System Web
Portal at https://ujsportal.pacourts.us/PACFile.aspx.
(2)
Pursuant
to Pa.R.Crim.P. 576.1(D)(2), establishment of a PACFile account constitutes consent to participate in
electronic filing, including acceptance of service electronically of any
document filed on the PACFile system in any judicial
district that permits electronic filing.
(3)
At
this time, electronic filing through the PACFile
System is voluntary. Any party who declines to participate in the PACFile electronic filing system, or who is unable to
electronically file or accept service of legal papers which were filed
electronically, or who is otherwise unable to access the PACFile
system, shall be permitted to file legal papers in a physical paper format
(‘hard-copy’) and shall be served legal papers in a physical paper format by
the Clerk of Courts and other parties, whether electronically filed or
otherwise, as required by Pa.R.Crim.P. 576.
(C)
Legal
Papers
(1)
“Legal
papers” are pleadings or other submissions to the court, including motions,
answers, notices, or other documents, of which filing is required or permitted,
including orders, exhibits and attachments, but
excluding:
(a)
applications
for search warrants;
(b)
applications
for arrest warrants;
(c)
any
grand jury materials, except the indicting grand jury indictment or the
investigating grand jury presentment;
(d)
submissions
filed ex parte as authorized by law;
and
(e)
submissions
filed or authorized to be filed under seal.
(2)
The
applicable rules of criminal procedure, general rules of court, and court
policies that implement the rules shall continue to apply to all filings of
legal papers regardless of the method of filing.
(3)
Any
legal paper submitted for filing to the Clerk of Courts in a physical paper (or
‘hard-copy’) format shall be accepted by the Clerk of Courts in that format and
shall be retained by the Clerk of Courts as may be required by applicable rules
of court and record retention policies. The Clerk of Courts shall convert such
hard-copy legal paper to .pdf and add it to the system, except those legal
papers excluded from electronic filing pursuant to Pa.R.Crim.P.
576.1(C) and this rule.
(D)
Filing
Fees
Applicable
filing fees shall be paid through procedures established by the Clerk of Courts
and at the same time and in the same amount as required by statute, Court rule
or order, or published fee schedule.
(E)
Record
on Appeal
Electronically
filed legal papers, and copies of legal papers filed in a paper format as
provided in subsection (C)(3), shall become the record on appeal.
(F)
Confidential
Information
Counsel and unrepresented
parties must adhere to the Public Access Policy of the Unified Judicial System
of Pennsylvania and refrain from including confidential information in legal
papers filed with the Clerk of Courts or the Court whether filed electronically
or in a paper format.
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY,
PENNSYLVANIA
CIVIL DIVISION
CRIMINAL DIVISION
IN
RE: AVAILABILITY AND :
NO. 19-0036
TEMPORARY ASSIGNMENTS OF : CP-13-AD-00004-2019
MAGISTERIAL DISTRICT JUDGES :
AND NOW, this
_____ day of July, 2019, in order to ensure compliance with Pa.R.C.P.M.D.J.112
governing the Rules of Conduct, Office Standards, and Civil Procedure for
Magisterial District Judges, Pa.R.Crim.P. 132
governing the Temporary Assignment of Issuing Authorities, Pa.R.C.P.
1901.2 governing Scheduling of Temporary Protection From Abuse matters, Carbon
County’s Administrative Order 27-2001 governing when the Court is available to
address Temporary Protection From Abuse matters, Carbon County Local Rule
CARB.R.C.P. 1901.5 governing Enforcement of Protection From Abuse matters and
35 P.S. § 10225.307 governing Involuntary Intervention by Emergency Court Order
under the Older Adult Protective Services Act, it is hereby
ORDERED
and DECREED that the schedule
attached hereto be and is hereby APPROVED
and said attachment SHALL ESTABLISH the on-call schedule and temporary
assignments for the Magisterial District Judges of Carbon County for the period
of August 12, 2019 through January 26, 2020.
IT IS FURTHER ORDERED
AND DECREED that the same Magisterial District Judge
temporarily assigned on this schedule SHALL
SERVE as the temporary issuing
authority during regularly scheduled hours for any Magisterial District Judge
unavailable due to duties outside the county, mandatory continuing education
classes, illness or vacation.
BY
THE COURT:
_______________________________
ROGER N. NANOVIC, P.J.
SCHEDULE FOR
OTHER THAN REGULARLY SCHEDULED HOURS AND EMERGENCIES FOR CARBON COUNTY MAGISTERIAL DISTRICT JUDGE COURTS 3-1, 3-2, 3-3
AND 3-4 BEGINNING 4:30 P. M. EACH MONDAY AND ENDING THE FOLLOWING MONDAY AT
4:30 P. M.
August
12, 2019 August
19, 2019 August
26, 2019 September
2, 2019 September
9, 2019 September
16, 2019 September
23, 2019 September
30, 2019 October
7, 2019 October
14, 2019 October
21, 2019 October
28, 2019 November
4, 2019 November
11, 2019 November
18, 2019 November
25, 2019 December
2, 2019 December
9, 2019 December
16, 2019 December
23, 2019 December
30, 2019 January
6, 2020 January
13, 2020 January
20, 2020 |
|
Magisterial
District Judge William J. Kissner 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 Joseph D. Homanko Magisterial
District Judge Eric M. Schrantz Magisterial
District Judge William J. Kissner Magisterial
District Judge Casimir T. Kosciolek Magisterial
District Judge Joseph D. Homanko Magisterial
District Judge Eric M. Schrantz Magisterial
District Judge William J. Kissner Magisterial
District Judge Casimir T. Kosciolek Magisterial
District Judge Joseph D. Homanko Magisterial
District Judge Eric M. Schrantz Magisterial
District Judge Casimir T. Kosciolek Magisterial
District Judge William J. Kissner Magisterial
District Judge Joseph D. Homanko Magisterial
District Judge Eric M. Schrantz Magisterial
District Judge William J. Kissner Magisterial
District Judge Casimir T. Kosciolek Magisterial
District Judge Joseph D. Homanko Magisterial
District Judge Eric M. Schrantz |
|
Court
3-2 Court
3-3 Court
3-1 Court
3-2 Court
3-4 Court
3-3 Court
3-4 Court
3-1 Court
3-2 Court
3-3 Court
3-4 Court
3-1 Court
3-2 Court
3-3 Court
3-4 Court
3-1 Court
3-3 Court
3-2 Court
3-4 Court
3-1 Court
3-2 Court
3-3 Court
3-4 Court
3-1 |
IN THE COURT OF COMMON PLEAS OF CARBON
COUNTY, PENNSYLVANIA
CIVIL DIVISION
CRIMINAL DIVISION
IN RE: AVAILABILITY AND : NO.
19-0036
TEMPORARY ASSIGNMENTS OF : CP-13-AD-00004-2019
MAGISTERIAL DISTRICT JUDGES :
AND NOW, this _____ day
of December, 2019, 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 27, 2020 through July 12, 2020.
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 27, 2020 February 3, 2020 February 10, 2020 February 17, 2020 February 24, 2020 March 2, 2020 March 9, 2020 March 16, 2020 March 23, 2020 March 30, 2020 April 6, 2020 April 13, 2020 April 20, 2020 April 27, 2020 May 4, 2020 May 11, 2020 May 18, 2020 May 25, 2020 June 1, 2020 June 8, 2020 June 15, 2020 June 22, 2020 June 29, 2020 July 6, 2020 |
|
Magisterial District Judge William J. Kissner Magisterial District Judge Casimir T. Kosciolek Magisterial District Judge Joseph D. Homanko Magisterial District Judge Eric M. Schrantz Magisterial District Judge William J. Kissner Magisterial District Judge Casimir T. Kosciolek Magisterial District Judge Joseph D. Homanko Magisterial District Judge Eric M. Schrantz Magisterial District Judge William J. Kissner Magisterial District Judge Casimir T. Kosciolek Magisterial District Judge Joseph D. Homanko Magisterial District Judge Eric M. Schrantz Magisterial District Judge William J. Kissner Magisterial District Judge Casimir T. Kosciolek Magisterial District Judge Joseph D. Homanko Magisterial District Judge Eric M. Schrantz Magisterial District Judge William J. Kissner Magisterial District Judge Casimir T. Kosciolek Magisterial District Judge Joseph D. Homanko Magisterial District Judge Eric M. Schrantz Magisterial District Judge Casimir T. Kosciolek Magisterial District Judge William J. Kissner Magisterial District Judge Joseph D. Homanko Magisterial District Judge Eric M. Schrantz |
|
Court 3-2 Court 3-3 Court 3-4 Court 3-1 Court 3-2 Court 3-3 Court 3-4 Court 3-1 Court 3-2 Court 3-3 Court 3-4 Court 3-1 Court 3-2 Court 3-3 Court 3-4 Court 3-1 Court 3-2 Court 3-3 Court 3-4 Court 3-1 Court 3-3 Court 3-2 Court 3-4 Court 3-1 |
IN THE COURT OF COMMON PLEAS OF CARBON
COUNTY, PENNSYLVANIA
CIVIL ACTION
IN RE: Mental Health Review Officer : NO. 19-3710
scheduled
days at St. Luke’s- :
Lehighton :
:
:
AND NOW, this 26th day of December,
2019, effective January 1st, 2020 it is hereby ORDERED that hearings held
before the Mental Health Review Officers at St. Luke’s Hospital-Lehighton
Campus shall only be scheduled on Tuesdays and Fridays of each week.
BY THE COURT:
________________________________
ROGER
N. NANOVIC, P.J.