ORDERED and DECREED that EILEEN M. DIEHL, Esquire is hereby APPOINTED MASTER for divorce proceedings effective January 1, 2020 until September 30, 2020. The deposit fee paid by the parties shall be applied to the Master's fee 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 :

CUSTODY HEARING OFFICER : NO. 20-0002

JANUARY 1- :

SEPTEMBER 30, 2020

ADMINISTRATIVE ORDER 2-2020

AND NOW, this 2^ND day of January, 2020, 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, 2020 until September 30, 2020. 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

CIVIL ACTION

IN RE: APPOINTMENT OF :

MENTAL HEALTH : NO. 20-0003

REVIEW OFFICERS :

FOR 2020 :

ADMINISTRATIVE ORDER 3-2020

AND NOW, this 2nd day of January, 2020, 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 January 1, 2020 until December 31, 2020 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 R. Weaver, Esquire

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

May & June: Adam R. Weaver, Esquire

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

September & October: Adam R. 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

CRIMINAL DIVISION

IN RE: SUMMONING OF JURORS :

: No. CP-13-AD-0000001-2020

FOR CARBON COUNTY :

JURY SELECTION :

ADMINISTRATIVE ORDER 4-2020

AND NOW, this 2^ND day of January, 2020, 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 2020 with the exact number of jurors reporting to be determined by the Court prior to the beginning of trials.

BY THE COURT:

______________________________

ROGER N. NANOVIC, P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

IN RE: SUMMONING OF JURORS :

: No. CP-13-AD-0000001-2020

FOR CARBON COUNTY :

JURY SELECTION :

ADMINISTRATIVE ORDER 4-2020 (Amended)

AND NOW, this 20th day of April, 2020, 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 a minimum of three hundred fifty (350) names for the scheduled Terms of Court for 2020 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

IN RE:

County Salary Board Alternate to the President Judge

NO.

20-0265

ADMINISTRATIVE ORDER 5-2020

AND NOW, this 5th day of February, 2020, it is hereby:

ORDERED that the Honorable Steven R. Serfass is authorized to represent the President Judge of the 56th Judicial District of Pennsylvania, Roger N. Nanovic, as a member of the Carbon County Salary Board in the absence of the President Judge.

BY THE COURT:

ROGER N. NANOVIC, P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL ACTION

IN RE:

County Salary Board Alternate to the President Judge

County Prison Board Alternate to the President Judge

NO.

20-0265

ADMINISTRATIVE ORDER 5-2020 (Amended)

AND NOW, this 26th day of March 2020, it is hereby:

ORDERED and DECREED that the Honorable Steven R. Serfass is authorized to represent the President Judge of the 56th Judicial District of Pennsylvania, Roger N. Nanovic, as a member of the Carbon County Salary Board and Carbon County Prison Board in the absence of the President Judge.

BY THE COURT:

ROGER N. NANOVIC, P.J.

IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

In re: 56^th Judicial District of Pennsylvania :

Declaration of Judicial Emergency : NO.

DECLARATION

Per the Supreme Court’s Order dated March 16, 2020, I declare a judicial emergency in the 56^th Judicial District for the following period: March 17, 2020 to April 14, 2020.

The operation of Rule of Criminal Procedure 600 shall be suspended in the 56^th Judicial District during the period of local judicial emergency.

The specific actions taken pursuant to Pennsylvania Rule of Judicial Administration 1952(B)(2) shall be set forth in subsequent Orders.

BY THE COURT:

_______________________________

Roger N. Nanovic, President Judge

March 17, 2020

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

56TH JUDICIAL DISTRICT

In re: 56^th Judicial District of Pennsylvania :

Declaration of Judicial Emergency : NO.

ADMINISTRATIVE ORDER

In accordance with the Pennsylvania Supreme Court’s Order dated March 16, 2020 declaring a General Statewide Judicial Emergency and in accordance with and in implementation of our Declaration dated March 17, 2020 declaring a Judicial Emergency in the 56th Judicial District, and in order to safeguard the health and safety of court personnel, court users, and members of the public on account of COVID-19, during the period of the Declared Judicial Emergency (i.e., March 17, 2020 – April 14, 2020), and for any extension of that period as declared by subsequent order of this court, it is hereby

ORDERED and DECREED as follows:

1. The Common Pleas Judges of this Court and the Magisterial District Judges of the 56th Judicial District shall liberally grant continuance requests with respect to trials, hearings and conferences in all civil and criminal matters except those involving an essential judicial service (e.g., criminal arraignments and bail establishment hearings, protection from abuse proceedings, and/or injunction proceedings where absent such proceedings there would be a threat of irreparable harm) or those otherwise subject to constitutional restrictions;

2. The Call of the Criminal Trial List scheduled for Tuesday, March 24, 2020 as well as any criminal jury trials scheduled for the week of March 30, 2020 are hereby continued and shall be rescheduled by Court Administration for the Call of the Criminal Trial List scheduled for May 26, 2020, excepting only those cases which may be brought to the attention of the Court by counsel for either the Commonwealth or the Defense which may require special attention and which will be individually addressed by the Judge assigned to the case;

3. All criminal pretrial conferences scheduled for April 9, 2020 in the Carbon County District Attorney’s Office shall be continued and rescheduled by Court Administration for a date subsequent to the period of the Judicial Emergency. Waivers with respect to criminal arraignments scheduled for April 9, 2020 will be accepted up until and including the date and time of the scheduled formal arraignment. Defendants who have failed to file a waiver prior to this date and time, shall appear in court for formal arraignment as scheduled;

4. Scheduling of larger court lists will be staggered to avoid larger groups of litigants/attorneys in the courtrooms with notice provided as soon as possible by Court Administration by a written scheduling notice; by telephone contact with the District Attorney and Public Defender Offices and/or with private counsel; or by other reasonable means;

5. All Gagnon and parole violation hearings for those in custody shall be held by advanced communication technology. All other such hearings shall proceed in court as scheduled;

6. All conferences involving custody and divorce matters scheduled before the Conference Officer, Eileen Diehl, Esquire, shall be by audio teleconference, unless an exception is specifically approved by the conference officer;

7. All preliminary hearings scheduled before a Magisterial District Judge, except those involving an incarcerated defendant, shall be continued and rescheduled by the administrative staff of the Magisterial District Judge for a date following the period of the Declared Judicial Emergency;

8. All writs of possession of residential property in Carbon County with respect to landlord tenant matters shall be stayed through April 14, 2020;

9. All Magisterial District Judges Offices will be directed to implement similar strategies to minimize exposure (e.g. staggered scheduling, continuances) to be coordinated through Court Administration;

10. For any Children & Youth hearings (Emergency Shelter, Adjudication or Review) where there is a stipulation, no children, parents, foster parents or placement personnel will attend unless prior approval is obtained from the Court. All witnesses, with the exception of Children & Youth case workers, will be permitted to testify by telephone. Children & Youth will limit personnel at hearings to essential personnel only. Scheduling will be staggered at the discretion of the Court; and

11. All status conferences for Veterans Treatment Court and Drug Treatment Court are cancelled.

This order shall be effective immediately at the same date and time as the effectiveness of our order dated March 17, 2020 declaring the subject Judicial Emergency in the 56th Judicial District.

BY THE COURT:

_______________________________

Roger N. Nanovic, President Judge

March 17, 2020

IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

In re: 56^th Judicial District - Declaration :

of Judicial Emergency : NO. 55 MM 2020

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA JUDICIAL DISTRICT

In re: 56^th Judicial District - Declaration :

of Judicial Emergency : NO. CP-13-AD-002-2020

: 20-0575

: 20-9103

AMENDED ADMINISTRATIVE ORDER NO. 6-2020

AND NOW, this 23rd day of March, 2020, the Court having previously declared a Judicial Emergency in the 56th Judicial District of Pennsylvania on March 17, 2020, with an Administrative Order issued on the same date to safeguard the health and safety of court personnel, court users, and members of the public on account of the COVID-19 virus, and the Pennsylvania Supreme Court having more recently issued an order dated March 18, 2020, directing that all Pennsylvania Courts be closed to the public as to non-essential functions beginning at the close of business on March 19, 2020 and lasting through at least April 3, 2020, pending further order of the Supreme Court, such order providing general and specific directives and exceptions, in accordance with the Supreme Court’s order of March 18, 2020 and its previous order dated March 16, 2020 authorizing each judicial district to declare a judicial emergency without prior approval from the Supreme Court, and in furtherance of the protection of the health and safety of court personnel, court users and the public from contracting and spreading of the COVID-19 virus, effective immediately and through April 14, 2020, it is hereby

ORDERED and DECREED that all Carbon County Court Facilities, including the Offices of the Magisterial District Judges, shall be closed to the public as to non-essential functions, subject to the following general and specific directives and exceptions.

Court Facilities Shall Remain Open to Perform Essential Court Functions

1. Essential functions at the Common Pleas level include:

a. Bail establishment hearings where bail was not previously set, emergency bail review, and habeas corpus hearings;

b. All hearings for revocation of parole, probation, and intermediate punishment for those in custody, including Gagnon I proceedings, shall be held by advanced communication technology. All other such revocation hearings shall proceed in court or before the hearing officer as scheduled;

c. Bench warrant hearings pursuant to Rule of Criminal Procedure 150 and Domestic Relations bench warrants;

d. Juvenile delinquency detention;

e. Juvenile emergency shelter and detention hearings;

f. Preliminary and final hearings under the Protection from Abuse Act and Protection of Victims of Sexual Violence or Intimidation Act;

g. Emergency petitions for child custody or pursuant to any provision of the Juvenile Act;

h. Emergency petitions for guardianship;

i. Civil mental health reviews;

j. Emergency equity civil matters (injunctions and stays);

k. Any pleading or motion relating to public health concerns and involving immediate and irreparable harm;

l. Formal criminal arraignments;

m. Petitions for Probate and Grant of Letters Testamentary and Petitions for Grant of Letters of Administration (by appointment only with the Register of Wills; (570) 325-2261); and

n. Any other function subsequently determined by the President Judge to be essential consistent with constitutional requirements.

2. Essential functions at the Magisterial District Court level include:

a. Preliminary arraignments (bail setting) for bailable cases;

b. Criminal case filings and subsequent processing;

c. Preliminary hearings for incarcerated persons only;

d. Issuance of search warrants;

e. Emergency Protection from Abuse Petitions and for Victims of Sexual Violence or Intimidation; and

f. Any other function deemed by the President Judge to be essential consistent with constitutional limitations.

3. All hearings on essential functions shall be scheduled by Court Administration or the administrative staff of the Magisterial District Judge in due course as previously.

Non-Essential Court Functions

4. All hearings, arbitrations, jury trials, non-jury trials, summary appeals, or other matters involving a non-essential court function - unless otherwise required herein or unless such matters can be scheduled via use of advanced communication technology (e.g., arguments; pretrial, case management and status conferences) – shall be rescheduled by Court Administration or the Administrative staff of the Magisterial District Judge, as appropriate, for a date after April 14, 2020 .

5. All conferences or hearings scheduled before the Conference/Hearing Officer, Eileen Diehl, Esquire, involving custody and divorce matters are hereby continued to a new date to be determined.

6. To the extent any of the matters identified in Paragraphs 4 and 5 can be effectively and efficiently handled through advanced communication technology consistent with constitutional limitations, they may and shall proceed.

7. Sheriff sales scheduled for April 9, 2020 are continued to the next scheduled date, May 8, 2020, at 11:00 A.M. The Sheriff is hereby directed to post notice of the date and time of the continued sale at the entrance to the Carbon County Courthouse. A copy of this notice and this order shall be filed by the Sheriff in each case so continued.

8. No application for a Marriage License will be accepted or processed during the pendency of this Order.

General Directives

9. Attorneys, litigants, other court participants, and members of the public shall be directed where to sit during court proceedings and scheduling may be staggered at the discretion of the court in order to promote social distancing. The court has requested the County to arrange for its cleaning staff or maintenance to disinfect surfaces in court facilities consistent with federal guidelines.

10. Every judge and hearing officer may conduct such business by telephone, video conferencing, facsimile, scanning, and electronic filing as it deems to be appropriate and feasible, subject to constitutional restrictions.

11. In order to limit the number of people entering court facilities and from having contact with court staff and county agency staff, non-emergency filings in the Clerk of Court’s Office and Bureau of Collections, Prothonotary's Office, Register of Wills and Orphan’s Court Office, and Public Defender’s Office at the Carbon County Courthouse and in the Domestic Relations Office, Juvenile Office, Elections Bureau and Children & Youth Office at 76 Susquehanna Street, Jim Thorpe, shall be deposited in separately marked boxes or other receptacles for these purposes located by the security desk in the lobby of the Carbon County Courthouse and at 76 Susquehanna Street, respectively, with the Elected Officials/Executive Directors, or their staff, of such offices to retrieve the documents so deposited in intervals of no greater than every thirty minutes in order to ensure that all such documents are timely recorded and processed on the date deposited. An additional box or receptacle for miscellaneous court filings in any other office other than those named above, will also be provided in the lobby of the Carbon County Courthouse to be used to deposit documents for filing in any such other office. In the event any such filing involves an emergency matter requiring immediate attention or in the event the prospective filer needs to pick up a form for immediate filing (e.g., Petition for Protection from Abuse), this shall be brought to the attention of the security desk which will telephone or advise the filing party how to contact the filing office by telephone in order to confirm the emergency nature of the filing and/or to arrange for a representative of such office to retrieve the document and/or assist the filer with the filing.

All deposited documents must include appropriate filing fees. All payments shall be made by check or money order; U.S. Currency shall not be used. With respect to any bail amounts to be deposited with the Clerk of Court’s Office, payment shall be made by cashier’s check, certified check or money order (no personal checks). In the event such means of payment is not available and U.S. Currency is to be used, the Clerk of Court’s Office shall be contacted in order that a representative of that office can appear to accept payment and provide a receipt.

12. No officer, official, or other person employed by the Pennsylvania Judiciary at any level shall effectuate an eviction, ejectment, or other displacement from a residence based upon the failure to make a rent, loan, or other similar payment.

Effective Date

13. This order is effective immediately and shall remain in effect through April 14, 2020, or until otherwise modified, terminated or extended by further order of court. To the extent Administrative Order No.6–2020 dated March 17, 2020 is inconsistent with the terms of this Order, such provisions are hereby terminated; in all other respects Administrative Order No.6–2020 and dated March 17, 2020 shall remain in full force and effect.

BY THE COURT:

__________________________________

P.J.

IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

In re: 56^th Judicial District - Declaration :

of Judicial Emergency : NO. 55 MM 2020

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

56^th JUDICIAL DISTRICT

In re: 56^th Judicial District - Declaration :

of Judicial Emergency : NO. CP-13-AD-002-2020 Clerk of Courts

: 20-0575 Prothonotary

: 20-9103 Register of Wills/Orphans Court

AMENDED ADMINISTRATIVE ORDER NO. 6-2020

AND NOW, this 24^th day of March, 2020, the Court having previously declared a Judicial Emergency in the 56th Judicial District of Pennsylvania on March 17, 2020, accompanied by Administrative Order No. 6-2020 of the same date, to safeguard the health and safety of court personnel, court users, and members of the public on account of the COVID-19 virus, and the Pennsylvania Supreme Court having more recently issued an order dated March 18, 2020, directing that all Pennsylvania Courts be closed to the public as to non-essential functions beginning at the close of business on March 19, 2020 and lasting through at least April 3, 2020, pending further order of the Supreme Court, such order providing general and specific directives and exceptions, in accordance with the Supreme Court’s order of March 18, 2020 and its previous order dated March 16, 2020 authorizing each judicial district to declare a judicial emergency without prior approval from the Supreme Court, and in furtherance of the protection of the health and safety of court personnel, court users and the public from contracting and spreading the COVID-19 virus while seeking to ensure continued accessibility to the courts in accordance with the aforementioned orders of the Supreme Court, effective immediately and through April 14, 2020, it is hereby

Court Facilities Shall Remain Open to Perform Essential Court Functions

1. Essential functions at the Common Pleas level include:

a. Bail establishment hearings where bail was not previously set, emergency bail review, and habeas corpus hearings;

b. Gagnon I and Gagnon II hearings for incarcerated defendants - All hearings for revocation of parole, probation, and intermediate punishment for those in custody, including Gagnon I proceedings, shall be held by advanced communication technology;

c. Bench warrant hearings pursuant to Rule of Criminal Procedure 150, Domestic Relations bench warrants, and body attachments;

d. Juvenile delinquency detention;

e. Juvenile emergency shelter and detention hearings;

f. Preliminary and final hearings under the Protection from Abuse Act and Protection of Victims of Sexual Violence or Intimidation Act;

g. Emergency petitions for child custody or pursuant to any provision of the Juvenile Act;

h. Emergency petitions for guardianship and older adult matters;

i. Civil mental health reviews;

j. Emergency equity civil matters (injunctions and stays);

k. Any pleading or motion relating to public health concerns and involving immediate and irreparable harm;

l. Formal criminal arraignments;

m. Indirect criminal contempt hearings for incarcerated defendants;

n. Extradition hearings;

o. Acceptance of bail;

p. Issuance of search warrants and acting on requests for wiretaps;

q. Petitions for Probate and Grant of Letters Testamentary and Petitions for Grant of Letters of Administration (by appointment only with the Register of Wills, telephone number (570) 325-2261); and

r. Any other function subsequently determined by the President Judge to be essential consistent with constitutional requirements.

2. Essential functions at the Magisterial District Court level include:

a. Preliminary arraignments (bail setting) for bailable cases;

b. Criminal case filings and subsequent processing;

c. Preliminary hearings for incarcerated persons only;

d. Issuance of arrest and search warrants;

e. Emergency Protection from Abuse Petitions and for Victims of Sexual Violence or Intimidation;

f. On call responsibilities;

g. Acceptance of bail; and

h. Any other function deemed by the President Judge to be essential consistent with constitutional limitations.

3. All hearings on essential functions shall be scheduled by Court Administration or the administrative staff of each Magisterial District Judge in due course as previously.

Non-Essential Court Functions

4. Non-essential court functions and/or proceedings are those which are not otherwise described as essential court functions and/or proceedings under paragraph 1 above.

5. All hearings, arbitrations, jury trials, non-jury trials, summary appeals, or other matters involving a non-essential court function - unless otherwise required herein or unless such matters can be scheduled via use of advanced communication technology (e.g., arguments; pretrial, case management and status conferences) – shall be rescheduled by Court Administration or the administrative staff of each Magisterial District Judge, as appropriate, for a date after April 14, 2020 .

6. All conferences or hearings scheduled before the Conference/Hearing Officer, Eileen Diehl, Esquire, involving custody, divorce and support matters are hereby continued to a new date to be determined, unless such matters can be scheduled via use of advanced communication technology.

7. To the extent any of the matters identified in Paragraphs 5 and 6 can be effectively and efficiently handled through advanced communication technology consistent with constitutional limitations, they may and shall proceed.

8. Sheriff sales scheduled for April 9, 2020 are continued to the next scheduled date, May 8, 2020, at 11:00 A.M. The Sheriff is hereby directed to post notice of the date and time of the continued sale at the entrance to the Carbon County Courthouse. A copy of this notice and this order shall be filed by the Sheriff in each case so continued.

9. No application for a Marriage License will be accepted or processed during the pendency of this Order.

General Directives

10. Attorneys, litigants, other court participants, and members of the public shall be directed where to sit during court proceedings and scheduling may be staggered at the discretion of the court in order to promote social distancing. To the extent possible, it is directed that all persons identified in the preceding sentence follow federal guidelines, including those provided by the Centers for Disease Control and Prevention, including but not limited to hand washing and sanitizing. The Court has requested the County to arrange for its cleaning staff or maintenance to disinfect surfaces in court facilities consistent with federal guidelines, including those provided by the Centers for Disease Control and Prevention.

11. Every judge and hearing officer may conduct such business by telephone, video conferencing, facsimile, scanning, and electronic filing as they deem to be appropriate and feasible, subject to constitutional restrictions.

12. In order to limit the number of people entering court facilities and from having contact with court staff and county agency staff, non-emergency filings in or payments to the Clerk of Court’s Office and Bureau of Collections, Prothonotary's Office, Register of Wills and Orphan’s Court Office, and Public Defender’s Office located at the Carbon County Courthouse, and in the Domestic Relations Office, Juvenile Probation Office, Elections Bureau and Children & Youth Office located at 76 Susquehanna Street, Jim Thorpe, shall be deposited in separately marked boxes or other receptacles provided for these purposes located by the security desk in the lobbies of the Carbon County Courthouse and at 76 Susquehanna Street, respectively, with the Elected Officials/Executive Directors, or their staff, of such offices to retrieve the documents so deposited in intervals of no greater than every thirty minutes in order to ensure that all such documents or payments made are timely recorded and processed on the date deposited. An additional box or receptacle for miscellaneous court filings in any other office other than those named above, will also be located by the security desk in the lobby of the Carbon County Courthouse to be used to deposit documents for filing in any such other office.

In the event any such filing involves an emergency matter requiring immediate attention or in the event the prospective filer needs to pick up a form for immediate filing (e.g., Petition for Protection from Abuse), this shall be brought to the attention of the attendant at the security desk who will either directly telephone or advise the filing party how to contact the filing office by telephone in order to confirm the emergency nature of the filing and/or to arrange for a representative of such office to retrieve the document and/or to assist the filer with the filing. If any copies of filed documents are requested to be time stamped and returned to the filer, such copies shall accompany the original document to be filed together with a self- addressed, stamped envelope.

All deposited documents must include appropriate filing fees. All such payments shall be made by check or money order; U.S. Currency shall not be used. All payments made in-person for deposit to the Domestic Relations Office shall be made by check payable to “Pa. State Collections and Disbursement Unit” or money order payable to “Carbon County Domestic Relations”; U.S. Currency shall not be used. All payments made for deposit to the Bureau of Collections shall be made online or by mail. With respect to any bail amounts to be deposited with the Clerk of Court’s Office, payment shall be made by cashier’s check, certified check or money order (no personal checks) payable to the Carbon County Clerk of Courts. In the event such means of payment is not available, U.S. Currency will be accepted as a last resort at the Carbon County Correctional Facility in Nesquehoning..

13. No officer, official, or other person employed by the Pennsylvania Judiciary at any level shall effectuate an eviction, ejectment, or other displacement from a residence based upon the failure to make a rent, loan, or other similar payment.

14. The Carbon County Sheriff and his deputies are hereby authorized to prevent the entry of any person into the Court Facilities who appears to be sick or may have recently (within the last 14 days) been in contact with someone who is positive for coronavirus. The Magisterial District Judges and their staffs are similarly authorized to decline the entry of any person into their court facility who appears to be sick or may have recently (within the last 14 days) been in contact with someone who is positive for coronavirus.

Notice

15. Within 24 hours , the District Court Administrator shall ensure that a copy of this order is:

a. Transmitted to the Court Administrator of Pennsylvania;

b. Posted conspicuously on the entry doors of the Carbon County Courthouse and all Magisterial District Courts of the 56^th Judicial District;

c. Posted on this court’s website; and

d. Transmitted to the Carbon County Bar Association with the request that the Association promptly forward a copy to all members.

Effective Date

16. This order is effective immediately and shall remain in effect through April 14, 2020, or until otherwise modified, terminated or extended by further order of court. To the extent any of the terms of Administrative Order No. 6–2020 dated March 17, 2020 conflict or are inconsistent with the terms of this Order, such provisions are hereby superseded; in all other respects Administrative Order No. 6–2020 dated March 17, 2020 shall remain in full force and effect.

BY THE COURT:

______________________________

P.J.

IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

In re: 56^th Judicial District - Declaration :

of Judicial Emergency : NO. 55 MM 2020

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

56^th JUDICIAL DISTRICT

In re: 56^th Judicial District - Declaration :

of Judicial Emergency : NO. CP-13-AD-002-2020 Clerk of Courts

: 20-0575 Prothonotary

: 20-9103 Register of Wills/Orphans Court

SECOND ADMINISTRATIVE ORDER NO. 6-2020

AND NOW, this 2^nd day of April, 2020, the Pennsylvania Supreme Court having by order dated April 1, 2020, extended the General, Statewide Judicial Emergency declared in its order of March 16, 2020 from April 14, 2020 through April 30, 2020, and further directed that all Pennsylvania Courts shall remain generally closed to the public through April 30, 2020 and authorized each Judicial District to declare judicial emergencies in their respective Judicial Districts through May 31, 2020, it is hereby

ORDERED and DECREED that our Administrative Order of March 16, 2020 and Amended Administrative Order of March 24, 2020 are hereby extended through Friday, May 1, 2020, in accordance with their terms and conditions as read in conjunction with one another, subject to the modifications and clarifications set forth below.

Essential Court Functions at the Common Pleas Level

1. In addition to the essential court functions enumerated in Paragraph 1 of Amended Administrative Order No.6–2020, the following shall also be considered essential functions at the Common Pleas level:

a. Acceptance of a praecipe for a writ of summons, for purposes of tolling a statute of limitations; and

b. The receipt of pleas and sentencing of incarcerated criminal defendants to be taken by advanced communication technology provided the same can be arranged and the defendant consents to pleas and sentencing by such means. At this time, the concern for spreading the COVID-19 virus to the prison population and by and between inmates and staff at the Carbon County Correctional Facility, and the introduction and spread of the COVID virus by and between two or more prisons or correctional facilities mitigates against taking pleas or rendering sentences in person in open court.

General Directives

2. Paragraph 10 of Amended Administrative Order No.6–2020 is hereby amended to note that the County has advised the Court that it’s cleaning staff and/or maintenance staff have been instructed and are wiping down and disinfecting surfaces in court facilities consistent with Federal guidelines, including those provided by the Centers for Disease Control and Prevention. Further, disinfectant wipes, antibacterial hand soap, and alcohol-free foaming hand sanitizer dispensers have been provided and/or installed for court staff.

3. All hearings, arbitrations, jury trials, non-jury trials, summary appeals, or other matters involving a non-essential case shall be rescheduled by Court Administration or the administrative staff of each Magisterial District Judge, as appropriate, for a date after May 1, 2020, unless otherwise required herein or unless such matters can be scheduled through the use of advanced communication technology. At this time, the call of the criminal trial list scheduled for May 26, 2020, criminal pre-trials scheduled for May 4, 5 and 28, 2020, and criminal jury trials scheduled for the week of June 1, 2020 shall remain as scheduled.

4. All arguments and any other matters which can be decided on the papers shall be so decided and any such matters previously scheduled for argument or the attendance in person of counsel and parties are hereby vacated.

5. The use of advanced communication technology to conduct both essential and non-essential court functions is encouraged and shall be so scheduled and proceed to the extent the same can be done effectively and efficiently, subject to constitutional limitations (e.g., management and status conferences to be held by phone or other communication technology). Judicial personnel, attorneys, and other individuals are directed to act in conformity with orders and guidance issued by the executive branch.

6. Pleadings and other court documents which require the signature of parties or their counsel shall be accepted with electronic, digital or fax signatures provided an original of the signature on any such document is filed with the filing office within five days thereafter and provided the document is accompanied or preceded by payment of the applicable filing fee.

7. Counsel shall be permitted to appear before the court in non-business attire given the current recommendations and guidelines calling for a change of dress and cleaning of clothes at the end of each day upon returning home, provided the clothes worn are respectful to the Court and the circumstances.

8. Applications for marriage licenses are by appointment only, telephone number (570) 325-2261.

9. Paragraph 13 of Amended Administrative Order No.6–2020 with respect to dispossession of property is hereby clarified to provide that no officer, official, or other person employed by the Pennsylvania Judiciary at any level shall effectuate an eviction, ejectment, or other displacement for a residence based upon the failure to make a monetary payment, such payments to include but not limited to, rent and loan payments, and property tax payments. Any execution on an order of possession is also stayed for the same period, namely through May 1, 2020.

10. In accordance with the Pennsylvania Supreme Court’s Second Supplemental Order of April 1, 2020, Rule of Criminal Procedure, 600(C) is hereby suspended in the 56th Judicial District through April 30, 2020.

Notice

11. Within 24 hours, the District Court Administrator shall ensure that a copy of this order is:

a. Filed with the Prothonotary of the Supreme Court of Pennsylvania in the Middle District Office;

b. Transmitted to the Court Administrator of Pennsylvania;

c. Posted conspicuously on the entry doors of the Carbon County Courthouse and all Magisterial District Courts of the 56^th Judicial District;

d. Posted on this court’s website; and

e. Transmitted to the Carbon County Bar Association with the request that the Association promptly forward a copy to all members.

Effective Date

12. This order is effective immediately and shall remain in effect through May 1, 2020, or until otherwise modified, terminated or extended by further order of court. To the extent any of the terms of Administrative Order No.6–2020 dated March 17, 2020 or Amended Administrative Order No.6–2020 dated March 24, 2020 conflict or are inconsistent with the terms of this Order, such provisions are hereby superseded and replaced by the terms of this order; in all other respects Administrative Order No.6–2020 dated March 17, 2020 and Amended Administrative Order No.6–2020 dated March 24, 2020, shall remain in full force and effect in accordance with their terms.

BY THE COURT:

__________________________________

Roger N. Nanovic, P.J.

IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

In re: 56^th Judicial District - Declaration :

of Judicial Emergency : NO. 55 MM 2020

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

56^th JUDICIAL DISTRICT

In re: 56^th Judicial District - Declaration :

of Judicial Emergency : NO. CP-13-AD-002-2020 Clerk of Courts

: 20-0575 Prothonotary

: 20-9103 Register of Wills/Orphans Court

THIRD AMENDED ADMINISTRATIVE ORDER NO. 6-2020

AND NOW, this 27th day of April, 2020, the court having declared a Judicial Emergency in the 56th Judicial District of Pennsylvania on March 17, 2020 for the period from March 17, 2020 through April 14, 2020, which period was subsequently extended by order dated April 2, 2020 through Friday, May 1, 2020, pursuant to the authority contained in the Pennsylvania Supreme Court’s order dated April 1, 2020, the Judicial Emergency in the 56th Judicial District is hereby extended through May 31, 2020, effective immediately, in accordance with the terms and conditions set forth in our previous administrative orders of March 17, 2020, March 24, 2020, and April 2, 2020 docketed to the above-referenced docket numbers, subject to the modifications and clarifications set forth below.

Essential Court Functions at the Common Pleas Level

1. In addition to the essential court functions enumerated in paragraph 1 of the March 24, 2020 and April 2, 2020 Administrative Orders, the following shall also be considered essential functions at the common pleas level:

a. All criminal pleas, sentences and hearings on applications for ARD disposition of criminal matters;

b. Child custody hearings where no final custody order has previously been entered (excluded are petitions for modification of a final custody order);

c. Hearings before the support master on initial claims or requests for modification of child and spousal support; and

d. Hearings and proceedings in Drug and Veterans Treatment Court.

General Directives

2. All in-person criminal pleas, sentences and hearings to consider ARD applications shall be scheduled to be held in Courtroom No.1 of the Carbon County Courthouse at one of the following staggered times: 9:00 A.M., 10:00 A.M., 11:00 A.M., 1:15 P.M., 2:15 P.M., and 3:15 P.M. As previously, where a defendant is incarcerated, defendants are encouraged to allow such proceedings to be conducted by advanced communication technology with all required paperwork (i.e., written waiver, written guilty plea colloquy and notification of post-sentencing rights) to be completed in advance of the proceeding and made available at the time of the proceeding. Court Administration is directed to make every reasonable effort to arrange such pleas, sentencings and hearings on applications for ARD dispositions where the defendant is incarcerated by use of advanced communication technology. Due to the continuing danger of spreading COVID-19 between prisons and correctional facilities, requests for transportation of defendants from state correctional institutions or out-of-county prisons to the Carbon County Prison for defendants to appear in person in open court can not be accommodated.

3. The Call of the Criminal Trial List scheduled for May 26, 2020, criminal jury trials during the week of June 1, 2020, and criminal pretrials scheduled for May 4, 5 and 28, 2020, are hereby continued to a date to be rescheduled by Court Administration.

4. All partial physical custody hearings scheduled before the hearing officer for dates in May 2020, for which a final custody order has not previously been entered shall be held as scheduled. In order to maintain social distancing, these hearings will be held in a courtroom to be determined. Custody hearings before the hearing officer in those matters for which a final custody order exists and for which modification of custody is the issue, shall be rescheduled by Court Administration. All custody and divorce conferences scheduled before the master shall be held via conference call until further notice.

5. Hearings for child support or spousal support scheduled before the support master on dates in May 2020 shall be held as scheduled, and shall be conducted by advanced communication technology.

6. At all proceedings and hearings before a Court of Common Pleas Judge, Magisterial District Judge, custody hearing officer, or support master – including all proceedings where criminal pleas are received, sentencings are imposed and action is taken on pending ARD applications - at which parties, their counsel, victims, advocates, or witnesses appear in person, all such persons will be required to wear masks during the proceeding (unless a medical condition of which the court has been informed prevents the wearing of a mask and the presiding judicial officer excuses this requirement) and a social distancing of at least six feet will be enforced. No non-essential visitors, including children, shall be permitted to be present at such proceedings. Nor shall anyone be permitted to attend in person who has been directed to quarantine, isolate or self-monitor at home for COVID-19 by any doctor, hospital or health agency, or anyone who has been diagnosed with or has had close contact with anyone diagnosed with COVID-19, or anyone who exhibits flu-like symptoms.

7. Unless otherwise indicated herein, or in our previous Administrative Orders with respect to the Declared Judicial Emergency and not inconsistent with the provisions of this order, all hearings, arbitrations, jury trials, non-jury trials, summary appeals, or other matters involving a non-essential case shall be re-scheduled by Court Administration or the administrative staff of each Magisterial District Judge, as appropriate, for a date after May 31, 2020, unless such matters can be scheduled through the use of advanced communication technology.

8. As previously authorized and encouraged by the Pennsylvania Supreme Court, the use of advanced communication technology to conduct both essential and non-essential court functions is encouraged and shall be so scheduled and proceed to the extent the same can be done effectively and efficiently, subject to constitutional limitations (e.g., management and status conferences to be held by phone or other communication technology).

9. Consistent with previous administrative orders in this matter, continuances – when good reason exists – shall be liberally granted by the Common Pleas Judges and Magisterial District Judges of this Judicial District.

Notice

10. Within twenty-four hours, the District Court Administrator shall ensure that a copy of this order is:

a. Filed with the Prothonotary of the Supreme Court of Pennsylvania in the Middle District Office;

b. Transmitted to the Court Administrator of Pennsylvania;

c. Posted conspicuously on the entry doors of the Carbon County Courthouse and on all Magisterial District Courts of the 56th Judicial District;

d. Posted on this court’s website; and

e. Transmitted to the Carbon County Bar Association with the request that the Association properly forward a copy to all members.

Effective Date

11. This Order is effective immediately and shall remain in effect through May 31, 2020, or until otherwise modified, terminated or extended by further order of court. To the extent any of the terms of Administrative Order No. 6-2020 dated March 17, 2020, Amended Administrative Order No. 6-2020 dated March 24, 2020, or the Second Amended Administrative Order No. 6–2020 dated April 2, 2020, conflict or are inconsistent with the terms of this Order, such provisions are hereby suspended and replaced by the terms of this Order; in all other respects the aforementioned Administrative Orders docketed to Order No. 6–2020 shall remain in full force and effect in accordance with their terms.

BY THE COURT:

__________________________________

Roger N. Nanovic, P.J.

IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

In re: 56^th Judicial District - Declaration :

of Judicial Emergency : NO. 55 MM 2020

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

56^th JUDICIAL DISTRICT

In re: 56^th Judicial District - Declaration :

of Judicial Emergency : NO. CP-13-AD-002-2020 Clerk of Courts

: 20-0575 Prothonotary

: 20-9103 Register of Wills/Orphans Court

FOURTH AMENDED ADMINISTRATIVE ORDER NO. 6-2020

AND NOW, this 29th day of May, 2020, pursuant to the authority granted in the Pennsylvania Supreme Court’s Per Curiam Order dated May 27, 2020, and in accordance with the exercise of emergency powers under Rule of Judicial Administration 1952(B)(2), the Judicial Emergency in the 56th Judicial District is hereby extended through July 3, 2020. This Order prospectively replaces the Third Administrative Order No. 6-2020 docketed in the above-numbered dockets, which shall remain in effect until its expiration on May 31, 2020. Beginning June 1, 2020, the Court of Common Pleas and the Magisterial District Courts in this Judicial District shall generally be open to conduct all court business, unless otherwise specified herein, and subject to the limitations and restrictions provided herein.

JURY TRIALS

1. Jury trials, both criminal and civil, remain suspended and shall remain suspended until such time that they can be conducted consistent with prevailing health and safety norms. Criminal pre-trials scheduled for June 4, 2020 and June 11, 2020 shall be staggered and rescheduled by Court Administration for June 4, 2020 and June 11, 2020 and other dates of which the parties will be notified.

IN-PERSON PROCEEDINGS

2. All in-person criminal pleas, sentences and hearings to consider ARD applications shall be scheduled to be held in Courtroom No. 1 of the Carbon County Courthouse at one of the following staggered times: 9:00 A.M., 10:00 A.M., 11:00 A.M., 1:15 P.M., 2:15 P.M. and 3:15 P.M. Where a defendant is incarcerated, defendants are encouraged to allow such proceedings to be conducted by advanced communication technology with all required paperwork (i.e., written waiver of in-person attendance, written guilty plea colloquy, and notification of post-sentencing rights) to be completed in advance of the proceeding and made available at the time of the proceeding. Court Administration is directed to make every reasonable effort to arrange such pleas, sentencings and hearings on applications for ARD dispositions where the defendant is incarcerated by use of advanced communication technology. Due to the continuing danger of spreading COVID-19 between prisons and correctional facilities, requests for transportation of defendants from state correctional institutions or out of county prisons to the Carbon County Prison for defendants to appear in person in open court may not be able to be accommodated.

3. At all proceedings and hearings before a Court of Common Pleas Judge, Magisterial District Judge, Custody Hearing Officer, or Support Master - including all proceedings where criminal pleas are received, sentences are imposed and action is taken on pending ARD applications - at which parties, their counsel, victims, advocates, or witnesses appear in person, all such persons will be required to wear masks during the proceeding (unless a medical condition of which the court has been informed prevents the wearing of a mask and the presiding judicial officer excuses this requirement) and social distancing of at least six feet will be enforced. Excluding those proceedings involving a right to public and press access, no non-essential visitors, including children, shall be permitted to be present at such proceedings. With respect to those proceedings open to the public and press, provision shall be made to ensure some reasonable means of access. Nor shall anyone be permitted to attend in person who has been directed to quarantine, isolate or self-monitor at home for COVID-19 by a doctor, hospital or health agency, or anyone who has been diagnosed with or has had close contact with anyone diagnosed with COVID-19, or anyone who exhibits flu-like symptoms.

4. To promote social distancing, Non-Support Court scheduled for June 12, 2020 shall be held in Courtroom No. 1 of the Carbon County Courthouse.

GENERAL DIRECTIVES

5. The use of advanced communication technology to conduct court proceedings that are not otherwise required by constitutional limitations to be conducted in person is encouraged and will be so scheduled in accordance with the directives of the presiding judicial officer to the extent the same can be done effectively and efficiently.

6. Consistent with previous Administrative Orders in this matter, continuances - when good reason exists - shall be liberally granted by the Common Pleas Judges and Magisterial District Judges of this Judicial District.

NOTICE

7. Within twenty-four hours, the District Court Administrator shall ensure that a copy of this order is:

a. Filed with the Prothonotary of the Supreme Court of Pennsylvania in the Middle District Office;

b. Transmitted to the Court Administrator of Pennsylvania;

c. Posted conspicuously on the entry doors of the Carbon County Courthouse and on all Magisterial District Courts of the 56th Judicial District;

d. Posted on this court’s website; and

e. Transmitted to the Carbon County Bar Association with the request that the Association promptly forward a copy to all members.

EFFECTIVE DATE

8. This order is effective as of 12:00 A.M. on June 1, 2020, and is intended to replace and succeed the immediately preceding Third Amended Administrative Order No.6–2020 dated April 27, 2020.

BY THE COURT:

__________________________________

Roger N. Nanovic, P.J.

IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

In re: 56^th Judicial District - Declaration :

of Judicial Emergency : NO. 55 MM 2020

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

56^th JUDICIAL DISTRICT

In re: 56^th Judicial District - Declaration :

of Judicial Emergency : NO. CP-13-AD-002-2020 Clerk of Courts

: 20-0575 Prothonotary

: 20-9103 Register of Wills/Orphans Court

FIFTH AMENDED ADMINISTRATIVE ORDER NO. 6-2020

AND NOW, this 29th day of June, 2020, pursuant to the authority granted in the Pennsylvania Supreme Court’s Per Curiam Order dated May 27, 2020, and in accordance with the exercise of emergency powers under Rule of Judicial Administration 1952(B)(2), the Judicial Emergency in the 56th Judicial District is hereby extended through July 27, 2020. This Order extends and is a continuation of the Fourth Administrative Order No. 6-2020 docketed in the above-numbered dockets, as amended herein, which Fourth Administrative Order extended the Judicial Emergency in the 56th Judicial District through July 3, 2020. As previously provided in the Fourth Administrative Order, the Court of Common Pleas and the Magisterial District Courts in this Judicial District shall generally be open to conduct all court business, unless otherwise specified herein, and subject to the limitations and restrictions provided herein.

JURY TRIALS

1. Jury trials, both criminal and civil, remain suspended and shall remain suspended until such time that they can be conducted consistent with prevailing health and safety norms. At this time, it is anticipated that jury trials on a limited basis will resume for criminal cases on August 3, 2020, with the Call of the Trial List to be held on July 28, 2020 at 9:00 A.M., and such other dates and times as set by Court Administration of which the parties will be notified, and that jury trials for civil matters will be held commencing the week of August 31, 2020. Criminal pre-trials scheduled for July 9, 2020 and July 23, 2020 shall be staggered and rescheduled by Court Administration for July 9, 2020 and July 23, 2020, and such other dates of which the parties will be notified.

IN-PERSON PROCEEDINGS

2. Unless otherwise directed, all in-person criminal pleas, sentences and hearings to consider ARD applications shall be scheduled to be held in Courtroom No. 1 of the Carbon County Courthouse at one of the following staggered times: 9:00 A.M., 10:00 A.M., 11:00 A.M., 1:15 P.M., 2:15 P.M. and 3:15 P.M. Where a defendant is incarcerated, defendants are encouraged to allow such proceedings to be conducted by advanced communication technology with all required paperwork (i.e., written waiver of in-person attendance, written guilty plea colloquy, and notification of post-sentencing rights) to be completed in advance of the proceeding and made available at the time of the proceeding. Court Administration is directed to make every reasonable effort to arrange such pleas, sentencings and hearings on applications for ARD dispositions where the defendant is incarcerated by use of advanced communication technology. Due to the continuing danger of spreading COVID-19 between prisons and correctional facilities, requests for transportation of defendants from state correctional institutions or out-of-county prisons to the Carbon County Prison for defendants to appear in person in open court may not be able to be accommodated.

GENERAL DIRECTIVES

4. The use of advanced communication technology to conduct court proceedings that are not otherwise required by constitutional limitations to be conducted in person is encouraged and will be so scheduled in accordance with the directives of the presiding judicial officer to the extent the same can be done effectively and efficiently.

5. Consistent with previous Administrative Orders in this matter, continuances - when good reason exists - shall be liberally granted by the Common Pleas Judges and Magisterial District Judges of this Judicial District.

NOTICE

6. Within twenty-four hours, the District Court Administrator shall ensure that a copy of this order is:

a. Filed with the Prothonotary of the Supreme Court of Pennsylvania in the Middle District Office;

b. Transmitted to the Court Administrator of Pennsylvania;

c. Posted conspicuously on the entry doors of the Carbon County Courthouse and on all Magisterial District Courts of the 56th Judicial District;

d. Posted on this court’s website; and

e. Transmitted to the Carbon County Bar Association with the request that the Association promptly forward a copy to all members.

EFFECTIVE DATE

7. This order is effective as of 12:00 A.M. on July 4, 2020, and is intended to be an immediate continuance of the preceding Fourth Amended Administrative Order No.6–2020 dated May 29, 2020.

BY THE COURT:

__________________________________

Roger N. Nanovic, P.J.

IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

In re: 56^th Judicial District - Declaration :

of Judicial Emergency : NO. 55 MM 2020

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

56^th JUDICIAL DISTRICT

In re: 56^th Judicial District - Declaration :

of Judicial Emergency : NO. CP-13-AD-002-2020

(Deferral of Weekend Sentences) :

ADMINISTRATIVE ORDER NO. 7-2020

AND NOW, this 24^th day of March, 2020, in further implementation of the judicial emergency declared on March 17, 2020 to protect and safeguard the health and safety of court personnel, court users, and members of the public from the COVID-19 virus, to protect and mitigate against the contracting and spread of this virus to and by staff, inmates and the public at the Carbon County Correctional Facility, it is hereby ORDERED AND DECREED that the weekend sentences imposed for each of the defendants named on the list attached to this Order are hereby deferred for a period of 60 days, effective immediately. It is the intent of this Order to maintain the same number of days for which each defendant was sentenced to be imprisoned, with such periods of imprisonment to be served on weekends as so defined in the most recent sentencing order, deferring only the weekends not yet served by a period of 60 days.

A copy of this Order shall be filed, and docketed to the original case file maintained by the Carbon County Clerk of Courts with respect to each defendant on the attached list.

BY THE COURT:

______________________________

P.J.

IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

In re: 56^th Judicial District - Declaration :

of Judicial Emergency : NO. 55 MM 2020

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

56^th JUDICIAL DISTRICT

In re: 56^th Judicial District - Declaration :

of Judicial Emergency : NO. CP-13-AD-002-2020

(Deferral of Weekend Sentences) :

AMENDED ADMINISTRATIVE ORDER NO. 7-2020

AND NOW, this 27th day of April, 2020, due to the ongoing pandemic with respect to COVID-19, our order dated March 24, 2020, deferring the service of weekend sentences for a period of sixty days with respect to those defendants named in the list attached to that order, is hereby amended to further extend the period of deferral until Friday, June 12, 2020, such that those defendants named on the list attached to this order shall not be required to report to the Carbon County Prison to serve the balance of their unserved weekend sentence until Friday, June 12, 2020, if the weekends as so defined in the most recent sentencing order begins on a Friday, or on such date next following Friday, June 12, 2020, if the weekends as so defined in the most recent sentencing order begins on a day other than Friday.

A copy of this order shall be filed and docketed to the original case file maintained by the Carbon County Clerk of Courts with respect to each defendant on the attached list.

BY THE COURT:

______________________________

P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL ACTION - LAW

IN RE: APPOINTMENT OF :

BOARD OF VIEWERS : NO. 20-0618

ADMINISTRATIVE ORDER NO. 8-2020

AND NOW, this 26th day of March 2020, 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 March 26, 2020 until December 31, 2021:

ANTHONY ROBERTI, ESQUIRE

56 Broadway

Jim Thorpe, PA 18229

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.

Members of the Board of View are required to acknowledge their understanding of the provisions of the Unified Judicial System’s Nondiscrimination and Equal Employment Opportunity Policy in writing to the District Court Administrator.

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. 20-0618

ADMINISTRATIVE ORDER NO. 8-2020 (Amended)

AND NOW, this 1st day of May 2020, 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 May 1, 2020 until December 31, 2021:

ANTHONY ROBERTI, ESQUIRE

56 Broadway

Jim Thorpe, PA 18229

GERALD F. STRUBINGER, JR., ESQUIRE

505 Delaware Avenue

Palmerton, PA 18071

ROBERT FRYCKLUND, ESQUIRE

49 E. Ludlow Street

PO Box 95

Summit Hill, PA 18250

GREGORY MOUSSEAU, ESQUIRE

331 Center Street

Jim Thorpe, PA 18229

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

IN RE:

Adoption of Carbon County Adult Probation and Parole Confinement and Release on Parole Policy (AKA Good Time)

NO.

CP-13-AD-003-2020

ADMINISTRATIVE ORDER 9-2020

AND NOW, this 26th day of March, 2020, it is hereby ORDERED and DECREED that the Carbon County Court of Common Pleas ADOPTS the Carbon County Adult Probation and Parole Confinement and Release on Parole Policy, as attached to this Order:

The Court vacates Administrative Order 23-2003 (139 MI 03) Preparole Investigations and Parole Policy.

This policy shall be effective 30 days following publication in the Pennsylvania Bulletin.

The Carbon County District Court Administrator is ORDERED to:

1. File two paper copies and one electronic copy in Microsoft Word format of this Administrative Order and Policy with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

2. File one copy of this Administrative Order and Policy with the Administrative Office of Pennsylvania Courts.

3. Publish the Administrative Order and Policy on the website of the Carbon County Court of Common Pleas.

4. Incorporate the Policy in the Operations Manual of the Carbon County Adult Probation and Parole Department no later than 30 days following publication in the Pennsylvania Bulletin.

5. Forward one copy of this Administrative Order and Policy for publication in the Carbon County Law Journal.

6. Forward one copy of this Administrative Order and Policy to the Carbon County Law Library.

7. Keep copies of this Administrative Order and Policy continuously available for public inspection and copying in the Clerk of Courts Office.

BY THE COURT:

ROGER N. NANOVIC, P.J.

Carbon County Court

Common Pleas

Fifty-Sixth Judicial District

Carbon County

Adult Probation/Parole Department

Operations Manual: Policy & Procedure

Chapter:

Related Standards:

4-APPFS-2C-01: Information Request

4-APPFS-2C-02: Individual Release Plan

4-APPFS-2C-03: Reasonable Delays

4-APPFS-2C-04: Graduated or Partial Release

4-APPFS-2C-05: Community

4-APPFS-2C-06: Services

Topic: Offenders and Supervision

“Confinement and Release on Parole”

Effective date:

, 2020

Purpose:

To establish policy and procedure governing the release of sentenced inmates from a Correctional Facility after attaining their minimum sentence to an approved parole plan which addresses the safety and security of the public and the rehabilitative needs of the offender.

Applicability:

To the Carbon County Court of Common Pleas, the Carbon County Adult Probation/Parole Department and the Carbon County Correctional Facility.

Authority:

This policy statement has been developed pursuant to and in accordance with statutory requirements, local rules established by the Carbon County Adult Probation/Parole Department and the formal adoption by the Carbon County Court of Common Pleas through an Administrative Court Order.

The granting, denying and revocation of parole for county offenders rests under the jurisdiction of the Carbon County Court of Common Pleas.

The Carbon County Adult Probation/Parole Department operates as an instrument between the Correctional Facility and the Judiciary and is responsible for investigating, verifying and recommending all pre-parole plans.

Policy Statement:

The parole system provides several benefits to the criminal justice system, including the provision of adequate supervision of the offender to become a useful member of society and the diversion of appropriate offenders from prison.

In providing these benefits to the criminal justice system, the Carbon County Adult Probation/Parole Department shall first and foremost seek to protect the safety of the public. To achieve this goal, the Department shall assist released offenders in their successful reintegration into society.

Pre-Parole Investigations:

Timing of the Pre-Parole Plan: The Carbon County Adult Probation/Parole Department shall initiate a pre-parole investigation within a reasonable period of time of the offender reaching their minimum release date.

Calculation of Minimum Release Date and Maximum Sentences: When the Court imposes a sentence of partial confinement, the Adult Probation/Parole Department, in conjunction with the prison administration, shall calculate a minimum release date, any good time if applicable, and a maximum expiration date. The Adult Probation/Parole Department shall maintain a database which includes all offenders sentenced to a term of imprisonment when the paroling jurisdiction rests with the Carbon County Court of Common Pleas. The database will include the docket number, criminal charge, minimum release date and the maximum sentence. The Carbon County Correctional Facility shall be provided access to the database.

Interview and Verification Process:

The assigned Adult Probation Officer shall interview the defendant and any other individuals identified as necessary in order to gather and verify information. The officer shall obtain the defendant’s proposed residence, telephone number and a list of all occupants within the household. A field-visit of the proposed residence shall be conducted and the head of household/owner, spouse or paramour shall be interviewed to confirm that the defendant is permitted to reside at the residence. If the head of household is renting, then the officer shall verify that the landlord has no objection to the offender residing at the residence. The officer shall inspect the residence to ensure that no weapons or violations or any other negative issues are apparent. If the defendant resides out-of-the-area, the assigned officer may conduct a telephone interview with the head of household/owner, spouse or paramour of the residence to confirm that the defendant is permitted to reside at the residence. A field visit is not required if the residence has been previously verified through prior supervision of the offender.

The Correctional Facility shall notify the Adult Probation/Parole Department in a timely fashion of any infraction, other issues, or if the inmate has not been compliant with the Order of the Court.

Approval of Proposed Plan by the Pre-Parole Investigator:

Approved Pre-Parole Plans: The assigned Adult Probation Officer shall be responsible for the verification and approval of all Pre-parole Plans before submission to the Court. The plan should be denied if factors exist that, as determined by the Court or the Adult Probation/Parole Department, would compromise the safety and security of the public or would not contribute to the rehabilitative needs of the offender. The plan should be recommended to the Court under the following circumstances:

1. The offender possesses a suitable residence that would be conducive to the rehabilitative needs of the offender.

2. The offender has no major prison misconducts as determined by the Carbon County Correctional Facility.

3. Prison officials confirm that the offender made an adequate adjustment in the correctional setting.

4. The offender has complied with the order of sentence to the extent possible while incarcerated.

5. The offender is not considered a serious risk to engage in further criminal activity if released and would be a good candidate for parole.

Intake Process: When the defendant has been recommended for parole, an intake shall be completed prior to the defendant’s release from prison. The intake shall include the completion of a risk and needs assessment. The results of the assessment may be used as an aid in determining the appropriateness of the parole recommendation and the addition of special conditions.

Pre-Parole Information: Once the assigned officer has verified all relevant information, an Order granting or denying parole shall be submitted to the Court. The Paroling Order shall include the name of the offender and his or her institution; the sentence for which the parole is sought; the minimum and maximum expiration dates of the sentence; the offender’s institutional adjustment that reflects favorably for parole consideration; proposed home plan; and proposed employment or vocational training, if available. All Orders are subject to the approval of the Chief Adult Probation Officer.

Rescission of Paroling Order:

Prior to the release on parole and when factors exist, as determined by the Court or the Adult Probation/Parole Department, which would compromise the safety and security of the public or would not contribute to the rehabilitative needs of the offender, the Adult Probation/Parole Department may recommend to the sentencing Court that the Order of Court granting parole of the offender be rescinded or modified. The Offender may petition the Court for a parole hearing.

Setbacks and Other Miscellaneous Sanctions:

The Court in the Order of Sentence for a period of incarceration shall state the minimum period of time that the offender must serve prior to being eligible for parole. At the Courts discretion, the offender may be eligible for parole at the minimum sentence without further order. The Adult Probation/Parole Department and/or the Carbon County Correctional Facility may recommend a delay in a parole (setback)) for minor prison infractions. Unless specifically stated in the sanction, inmates receiving a setback of their parole are not required to petition the Court for future parole. If the offender does not agree to the setback, the offender may request a hearing before the Court.

he Carbon County Correctional Facility (CCCF) shall administer sanctions for those inmates who have been afforded the opportunity to begin their sentence at a future time, over weekends, or who have failed to comply with the order of sentencing. The Order of Sentence states that if the offender appears at CCCF under the influence of alcohol/illicit drugs, or fails to report on time, or otherwise violates any of the rules and regulation of CCCF, the offender shall not be released at the end of the minimum sentence.

If a defendant fails to appear to serve a sentence in accordance with the Order of the Court, the Correctional Facility shall file a petition with the Court requesting a warrant for the defendant’s arrest.

The Correctional Facility should use the following guidelines for unexcused tardiness:

· Inmates who appear at a maximum of up to one (1) hour late shall have their release time adjusted according to the length of tardiness.

· Inmates who appear over one (1) hour late will be required to petition the Court for parole. Inmates serving a sentence over weekends shall not be released and shall serve their sentence on continuous days.

Inmates serving weekend sentences shall not:

Appear at the facility with alcohol on their breath.
Appear at the facility and test positive for any non-prescribed drugs.
Be arrested for a misdemeanor or felony offense while serving the weekend sentence.
Violate any prison rules or regulations.

Any inmate during the period of serving their sentence in violation of the aforementioned guidelines shall not be released from the Correctional Facility and shall begin serving their sentence in continuous days. The inmate will be required to petition the Court for parole.

For those offenders serving a sentence as a result of a violation of 75 Pa.C.S.A §3802 (relating to DUI), the Carbon County Correctional Facility shall prepare a memorandum stating the time served on that specific docket, the parole date and forward the memorandum to the Clerk of Courts in accordance with Act 151.

Denial of Petition for Parole: If parole is not granted, regardless of the circumstances, the defendant must file a petition for parole with the Court, whereupon a hearing will be scheduled.

Parole Opposition: The Adult Probation/Parole Department shall notify the District Attorney’s Office not less than 10 day prior to the offender’s minimum release date (excluding time served or offenders who qualify for automatic parole). In those instances, when opposition is expressed by the Commonwealth or the victim, the Adult Probation/Parole Department shall examine the reasons outlined and make an appropriate parole recommendation to the Court. If parole is denied based on the opposition expressed by the Commonwealth or the victim, the offender must petition the Court for a parole hearing. The Commonwealth will subpoena any required individuals needed to testify at the parole hearing.

Automatic Parole: Under certain circumstances, no pre-parole investigation will be required and the defendant shall be automatically released from prison after attaining his/her minimum release date provided the defendant has complied with the Order of Court and has not received any major prison misconduct. The Warden of the Correctional Facility or designee is hereby authorized to automatically release the defendant on parole upon reaching his/her minimum sentence under the following circumstances, unless otherwise Court ordered:

Any defendant serving a minimum sentence of ninety days or less.
Any defendant serving a weekend type sentence.
Any defendant sentenced to time served by the Court.
Any defendant where the Court has stated at the time of sentencing that a Pre-Parole Investigation is not required (paroled from the Bench).

Good Time Credit Programs:

Ineligible Offenders: The Court, at its discretion, may indicate on the record that a defendant is ineligible for any good time credit. In addition, inmates who have not served the mandatory portion of their sentence (e.g. DUI offenders) who are serving flat sentences (e.g. summary offenses) or are serving weekend type sentences are not eligible for good time credit.

First Time Inmates: Defendants serving a sentence of incarceration for the first time are eligible for good time credit subject to the criteria above. A first time inmate is defined as an individual who has not been previously incarcerated.

Standard Good Time Credit: Defendants sentenced to the Carbon County Correctional Facility and under the paroling jurisdiction of the Court of Common Pleas may be eligible for good time credit subject to the criteria above. The Court must state at the time of sentencing if the defendant is eligible.

Calculation of Good Time Credits: The Carbon County Correctional Facility administers the good time credit program. Inmates may earn credit as a reduction of their minimum sentence if good behavior is demonstrated during the service of their minimum sentence. Inmates may earn four (4) days for every month served. Inmates can earn an additional two (2) days for every month served if they participate in the In-House Work Release, Alternative Work, or Facility Programming Good Time Credit Programs (see below). Good time credit shall not be computed for any defendant serving mandatory minimum sentences.

In-house Work Release and Alternative Work Good Time Programs: An inmate assigned to the In-House Work Release Program (working within the facility) or an Alternative Work Program (temporary unpaid work assignment away from the grounds of the facility) and who is eligible by factors indicated above will be given the option of earning additional good time credit (one (1) day credit deducted from their minimum sentence for every week worked) or monetary compensation. Inmates may not earn more than two (2) additional days total per month. The Correctional Facility shall notify the Adult Probation/Parole Department of good time credit earned. If good time is subsequently revoked, the inmate shall receive monetary compensation in accordance with applicable laws.

Facility Programming Good Time Program: An inmate who is faithfully, as determined by the Correctional Facility, attending in-house programs in the Correctional Facility (e.g. GED, Twelve Step Programs, Drug and Alcohol, Mental Health, etc.) and is eligible as determined by the above factors may earn an additional good time credit of two (2) days for every month served. Inmates may not earn more than two (2) additional days total good time credit per month. The Correctional Facility shall notify the Adult Probation/Parole Department of good time credit earned. Illness, court appearances and medical/dental appointments will be considered excused absences.

Maximum Good time Credit: The maximum good time credit of all programs must not exceed the maximum of six (6) days per month (see Goodtime Computation Chart).

Revocation of Good Time Credits: Inmates may have any good time credits revoked by an Administrative Action of the Prison Disciplinary Board for any prison infraction. In those instances, the Prison Administration will notify the Adult Probation/Parole Department that the inmate’s good time credits have been revoked. At that time, the inmate’s minimum release date shall be adjusted. In those instances where the good time credits revoked are attributable to In-House Work Release or an Alternative Work Program, the inmate will be paid the amount of monetary compensation otherwise earned in lieu of the revoked good time credits.

Conditions of Release:

General Conditions of Release: All offenders placed on probation or parole shall be subject to the standard conditions of release established by the Court and the Adult Probation/Parole Department.

Reporting Requirement of Offender: When an offender is released from confinement, the offender must report to the Carbon County Adult Probation/Parole Department and the Carbon County Bureau of Collections within seventy-two (72) hours of release.

Firearms and/or Weapons Permitted in Household: The assigned Adult Probation Officer shall use the following criteria to determine whether firearms and/or other weapons are permitted in the residence:

1. The defendant resides with his/her parents or other family members and the firearms/weapons are locked in a safe, gun cabinet or other secure area within the residence that the defendant has no access. Gun cabinets with a glass front are not permitted unless it is housed in a secure area that the defendant has no access.

2. The offense of conviction did not involve a weapon and was not an assaultive criminal offense.

3. Other prohibitions as established by law.

Special Conditions of Parole: During the pre-parole investigative phase, the assigned Adult Probation Officer shall evaluate the offender’s risks and needs and determine appropriate Special Conditions of Release to be incorporated in the offender’s parole plan and included on the Order of Court granting parole. The Department shall provide assistance and services to offenders who have been paroled and have requested help and assistance. The Department encourages offenders to use community residential centers and other treatment programs to assist the parolee in transitioning back into the community.

Written Notification of Conditions of Release: Written conditions of parole shall be provided to the parolee at the time of intake. Conditions shall be stated clearly, simply and in a positive manner. Offenders having difficulty understanding the conditions of release will be provided an explanation by the intake officer. The offender shall acknowledge an understanding of the conditions and receipt in writing by their signature. A signed copy of the conditions shall be provided to the defendant.

Reasonable Delays: During the pre-parole investigative phase, legitimate reasons for permitting an offender’s delay to the approved parole plan residence or program may develop, e.g. visiting a family member, recovering clothing or tools or taking care of a legal matter. The assigned officer is in the best position to assess and investigate all delays and advise the Court with an appropriate recommendation.

Relocation of Offender from Approved Parole Plan: Any offender who leaves an approved residence or treatment program without the prior consent and permission of his/her Probation Officer or the Court can be subject to the issuance of a warrant for parole violations.

Victim Notification:

The Carbon County Correctional Facility shall collaborate with the Victim/Witness Coordinator to administer the Victim Notification Program. Prison officials shall notify all victims registered in the “Victim Notification Program” of an inmates release on parole. The Correctional Facility can use PA SAVIN to facilitate the registration and notification.

Partial Release Programs:

Program Types: Carbon County provides three types of partial release programs: weekend sentences, work release and institutional furloughs. Prison Officials administer these programs unless otherwise specified by Court Order. The Carbon County Adult Probation/Parole Department shall support and embrace these programs to ease the transition from confinement to parole. The department shall comply with all program regulations and requirements established by Prison Officials. Offenders recommitted to prison for violations of supervision may be eligible for partial release programs when authorized by the Court.

GOOD TIME COMPUTATION CHART

Sentence in	Actual Days		Good Time
Months	Served (4/6)		Days Earned

1 Month		26/24		4/6
2 Months		52/48		8/12
3 Months		78/72		12/18
4 Months		104/96		16/24
5 Months		130/120		20/30
6 Months		156/144		24/36
7 Months		182/168		28/42
8 Months		208/192		32/48
9 Months		234/216		36/54
10 Months		260/240		40/60
11 Months		286/264		44/66
12 Months		312/288		48/72

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL ACTION

IN RE:

Amend Carb.R.C.P. 1018.1 Notice to Defend. Form.

NO.

20-0619

ADMINISTRATIVE ORDER 10-2020

AND NOW, this 26th day of March 2020, it is hereby ORDERED and DECREED pursuant to PA R.C.P. 1018.1 that Carb. R.C.P 1018.1 is AMENDED as follows:

RULE 1018.1 - NOTICE TO DEFEND. FORM

The agency to be named in the Notice to Defend accompanying complaints filed in the Court of Common Pleas of Carbon County, PA shall be:

North Penn Legal Services

101 West Broad Street, Suite 713

Hazleton, PA 18201

877-953-4250

Parties should consult the Legal Aid section of the court’s website located at www.carboncourts.com to verify contact information.

The agency to be named in the Notices required by the following rules shall be the same as that required for PA R.C.P. 1018.1:

237 Notice of Praecipe for Final Judgment

430 Service Pursuant to Special Order of Court. Publication.

1331 Notice Required by Rules 1328(b) and 1329(e)(2). Form.

1905 Forms For Use in PFA Actions. Notice and Hearing. Petition. Temporary Protection Order. Final Protection Order

1910.25 Enforcement. Support Order. Civil Contempt. Petition. Service. No Answer Required.

1910.27 Form of Complaint. Order. Income Statements and Expense Statements. Health Insurance Coverage Information Form. Form of Support Order. Form Petition for Modification. Petition for Recovery of Support Overpayment.

1915.15 Form of Complaint. Caption. Order. Petition to Modify a Custody Order.

1915.16 Form of Order and Notice. Joinder. Intervention.

1920.71 Form of Notice

1920.73 Notice of Intention to Request Entry of Divorce Decree. Praecipe to Transmit Record. Forms

1930.6 Paternity Action. Scope. Venue. Commencement of Action.

1959 Forms for Use in Protection of Victims of Sexual Violence or Intimidation Actions. Notice and Hearing. Petition. Temporary Protection Order. Final Protection Order

2964 Notice of Judgment and Execution Required by Rule 2958.1

2965 Notice of Judgment and Execution Required by Rule 2958.2. Form.

2966 Notice of Judgment and Execution Required by Rule 2958.3. Form.

2974.2 Notice of Judgment and Execution Required by Rule 2973.2. Form.

2974.3 Notice of Judgment and Execution Required by Rule 2973.3. Form.

3033 Writ of Revival. Form.

3146 Judgment Against Garnishee Upon Default or Admission In Answer to Interrogatories.

3252 Writ of Execution-Money Judgments

3282 Petition. Averments. Notice to Defend.

3312 Notice of Intent to Attach Wages. Claim for Exemption from Wage Attachment. Notice of Claim for Exemption of Wages from Attachment. Forms.

4009.33 Motion for Entry Upon Property of a Person Not a Party.

The Carbon County District Court Administrator is ORDERED to:

8. File two paper copies and one electronic copy in Microsoft Word format of this Administrative Order and Local Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

9. File one copy of this Administrative Order and Local Rule with the Administrative Office of Pennsylvania Courts.

10. Publish the amended Local Rule on the website of the Carbon County Court of Common Pleas.

11. Incorporate the Local Rule in the complete set of Local Rules no later than 30 days following publication in the Pennsylvania Bulletin.

12. Forward one copy of this Administrative Order and Local Rule for publication in the Carbon County Law Journal.

13. Forward one copy of this Administrative Order and Local Rule to the Carbon County Law Library.

14. Keep copies of this Administrative Order and Local Rule continuously available for public inspection and copying in the Prothonotary’s Office.

BY THE COURT:

ROGER N. NANOVIC, P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL ACTION

IN RE:

Amendments to Carb. Local Rule 1910.12 Office Conference. Hearing. Exceptions. Order

NO.

20-0620

1 DR 2020

ADMINISTRATIVE ORDER 11-2020

AND NOW, this 26th day of March 2020, it is hereby ORDERED and DECREED that Carbon County Local Rule of Civil Procedure 1910.12 is AMENDED as follows:

Additions are shown in bold and are underlined.

Deletions are shown in bold and are [bracketed].

RULE 1910.12 – OFFICE CONFERENCE. HEARING. RECORD. EXCEPTIONS. ORDER

When Exceptions are filed to the report of a Hearing Officer, the party filing the Exceptions shall simultaneously [, within twenty (20) days of the filing of the Hearing Officer’s report,] arrange for the transcribing of the testimony of the hearing before the Hearing Officer pursuant to [in accordance with] Carbon County Local Rule of Judicial Administration 4007-Submitting and Processing Transcript Requests. [5000.5 for filing with the Court]. [Said party shall pay the stenographer for the transcript in accordance with Carbon County Local Rule of Judicial Administration 5000.7.]

Absent good cause shown, failure of the excepting party to arrange for the transcript and pay the cost thereof, unless waived by the court, [as provided herein] shall result in the dismissal of said Exceptions by the Court [upon motion].

These amendments shall be effective 30 days following publication in the Pennsylvania Bulletin.

The Carbon County District Court Administrator is ORDERED to:

1. File two paper copies and one electronic copy in Microsoft Word format of this Administrative Order and Local Rule 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 the amended 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 of this Administrative Order and Local Rule for publication in the Carbon County Law Journal.

6. Forward one copy of this Administrative Order and Local Rule to the Carbon County Law Library.

7. Keep copies of this Administrative Order and Local Rule continuously available for public inspection and copying in the Prothonotary and Domestic Relations Offices.

BY THE COURT:

ROGER N. NANOVIC, P.J.

IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

In re: 56^th Judicial District - Declaration :

of Judicial Emergency : NO. 55 MM 2020

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

56^th JUDICIAL DISTRICT

In re: 56^th Judicial District - Declaration :

of Judicial Emergency-Suspension : NO. CP-13-AD-002-2020 Clerk of Courts

of Rule 600 Through July 3^rd, 2020 :

ADMINISTRATIVE ORDER NO. 12-2020

AND NOW, this 1st day of June, 2020, in accordance with the authority provided in the Pennsylvania Supreme Court’s Per Curiam Order of May 27, 2020 to suspend statewide rules pertaining to the rule based right of criminal defendants to a prompt trial, and the Supreme Court having previously suspended Rule of Criminal Procedure 600(C) in all Judicial Districts through at least June 1, 2020 pursuant to its order of April 28, 2020, and the Judicial Emergency in the 56th Judicial District having been extended through July 3, 2020 by Order of May 29, 2020, and recognizing that any postponement in criminal matters subject to Rule 600(C) caused by the Judicial Emergency shall be considered a court postponement and shall constitute excludable time for purposes of the application of Rule 600, see Commonwealth v. Bradford, 46 A.3d 693 (Pa. 2012) and Commonwealth v. Mills, 162 A.3d 323 (Pa. 2017), Rule of Criminal Procedure 600(C) is hereby suspended in the 56th Judicial District through at least July 3, 2020, it being the intent of this Order that the time period of the Judicial Emergency in the 56th Judicial District through at least July 3, 2020, be excluded from the time calculation under Rule 600(C).

BY THE COURT:

__________________________________

Roger N. Nanovic, President Judge

IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

In re: 56^th Judicial District - Declaration :

of Judicial Emergency : NO. 55 MM 2020

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

56^th JUDICIAL DISTRICT

In re: 56^th Judicial District - Declaration : NO. CP-13-AD-02-2020 Clerk of Courts

of Judicial Emergency : NO. CP-13-AD-03-2020 Clerk of Courts

ADMINISTRATIVE ORDER NO. 13-2020

AND NOW, this 19th day of June 2020, Administrative Order 12-2020 Suspending Rule 600 in the 56^th Judicial District through at least July 3^rd, 2020 is reassigned from CP-13-AD-03-2020 to CP-13-AD-02-2020. A copy of Administrative Order 12-2020 is attached.

BY THE COURT:

__________________________________

Roger N. Nanovic, President Judge

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

CRIMINAL DIVISION

IN RE: AVAILABILITY AND : NO. 20-0029

TEMPORARY ASSIGNMENTS OF : CP-13-AD-00004-2020

MAGISTERIAL DISTRICT JUDGES :

ADMINISTRATIVE ORDER 14-2020

AND NOW, this ___24^th__ day of June, 2020, 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 13, 2020 through January 18, 2021.

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 13, 2020

July 20, 2020

July 27, 2020

August 3, 2020

August 10, 2020

August 17, 2020

August 24, 2020

August 31, 2020

September 7, 2020

September 14, 2020

September 21, 2020

September 28, 2020

October 5, 2020

October 12, 2020

October 19, 2020

October 26, 2020

November 2, 2020

November 9, 2020

November 16, 2020

November 23, 2020

November 30, 2020

December 7, 2020

December 14, 2020

December 21, 2020

December 28, 2020

January 4, 2021

January 11, 2021

January 18, 2021

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 William J. Kissner

Magisterial District Judge Eric M. Schrantz

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 3-4

Court 3-1

Court 3-2

Court 3-3

Court 3-4

Court 3-2

Court 3-1

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