THE COURTS
Title 255--LOCAL
COURT RULES
CARBON COUNTY
Adoption of New Local Rules of Civil Procedure and Recission of All Old Local Rules of Civil Procedure; 04-1727
[34 Pa.B. 3371]
Administrative Order No. 15-2004 And Now, this 22nd day of June, 2004, in order to comply with the new Pennsylvania Rules of Civil Procedure effective July 26, 2004, it is hereby
Ordered and Decreed that, effective July 26, 2004, Carbon County Adopts new Local Civil Rules of Procedure and hereby Rescinds, effective July 25, 2004, all old Local Civil Rules adopted and revised by this Court at various times and docketed to several different docket numbers.
The Carbon County District Court Administrator is Ordered and Directed to do the following:
1. File seven (7) certified copies of this Administrative Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) certified copy with the Pennsylvania Civil Procedural Rules Committee.
4. Electronically submit to the Administrative Office of Pennsylvania Courts a copy of local rules numbered 205.2(a), 205.2(b), 206.4, 208.2(c), 208.2(d), 208.2(e), 208.3(a), 210, 1028(c), 1034(a), and 1035.2(a) for publication on the website located at www.aopc.org.
5. Forward one (1) copy for publication in the Carbon County Law Journal.
6. Forward one (1) copy to the Carbon County Law Library.
7. Keep continuously available for public inspection copies of the Order in the Prothonotary's Office.
By the Court
RICHARD W. WEBB,
President JudgeRule 51--Title and Citation of Rules.
All local civil procedural rules adopted by the Court of Common Pleas of Carbon County under the authority of Pa.R.C.P. 239 shall be known as the Carbon County Local Rules of Civil Procedure and shall be cited as ''CARB.R.C.P. ______ .''
Rule 105--Bonds
(1) When a bond with approved security is required, the surety shall be a certified surety company in accordance with a list thereof maintained in the Prothonotary's Office, or in lieu thereof, at least one responsible surety or a deposit of cash.
(2) In all cases the form of the bond and the surety thereon shall be subject to review by the Court upon the filing of a motion stating specifically the objections thereto, together with notice to the adverse party and/or attorney in accordance with CARB.R.C.P. 208.3(a).
Rule 205.2(a)--Filing of Legal Papers with the Prothonotary.
All papers filed in the Prothonotary's Office shall conform to the following requirements:
1. The use of backers and/or toppers is prohibited.
2. Original pleadings shall be held together by paper clip or expandable spring-loaded clip.
3. Original pleadings shall not be highlighted by the use of colored markers. Highlighting of text can be done on the computer by bolding or using a different shape and size of font.
4. All documents shall be single-sided, double spaced and the font size shall be no less than 12 points.
5. Paper size shall not exceed 8 1/2" x 11" and shall be on good quality paper.
6. Attachments smaller than 8 1/2" x 11" paper shall be attached to regular size paper by using scotch tape.
7. All exhibits shall be identified and marked on the bottom center of each exhibit. No exhibit tabs shall be allowed.
8. Pages must be consecutively numbered beginning with page 2 and said number shall appear in the upper right hand corner of the pleading.
9. All copies attached to the pleadings must be clear and legible.
Rule 205.2(b)--Filing Legal Papers with the Prothonotary.
Pursuant to this rule, a Civil Cover Sheet marked Form ''A,'' shall be attached to any document commencing an action (whether the action is commenced by Complaint, Writ of Summons, Notice of Appeal, or by Petition) in the Prothonotary's office.
A Motion Cover Sheet, marked Form ''B,'' shall be attached to any motion or petition being filed.
Court of Common Pleas of Carbon County For Prothonotary Use only (Docket Number) Civil Cover Sheet A. PLAINTIFF'S NAME: DEFENDANT'S NAME: PLAINTIFF'S ADDRESS & TELEPHONE NUMBER: DEFENDANT'S ADDRESS AND TELEPHONE NUMBER: PLAINTIFF'S NAME: DEFENDANT'S NAME: PLAINTIFF'S ADDRESS & TELEPHONE NUMBER: DEFENDANT'S ADDRESS & TELEPHONE NUMBER: TOTAL NUMBER OF PLAINTIFFS TOTAL NUMBER OF DEFENDANTS
B. AMOUNT IN CONTROVERSY C. COMMENCEMENT OF ACTION D. CASE PROCESS ______ 1. Complaint ______ 5. Arbitration ______ $25,000 or less ______ 2. Writ of Summons ______ 6. Jury ______ More than $25,000 ______ 3. Notice of Appeal ______ 7. Non Jury ______ 4. Petition Action ______ 8. Class Action
E. TRACK ASSIGNMENT REQUESTED (CHECK ONE) COURT HAS FINAL APPROVAL FOR ALL TRACK
ASSIGNMENTS____ FAST ____ STANDARD ____ COMPLEX If complex, state reasons: F. CODE AND CASE TYPE (See instructions) G. CODE AND CASE SPECIFIC (See instructions) H. STATUTORY BASIS FOR CAUSE OF ACTION (See instructions) I. RELATED PENDING CASES
(List by Docket Number--Indicate whether the related cases have been consolidated)J. TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Plaintiff/Petitioner/Appellant. Papers may be served at the address set forth
below.
NAME OF PLAINTIFF'S/APPELLANT'S ATTORNEY ADDRESS PHONE NUMBER SUPREME COURT IDENTIFICATION NUMBER E-MAIL ADDRESS:
_________________
______
FAX NO. (OPTIONAL--FOR SERVICE):DATE: _________________ SIGNATURE: _________________
Instructions for Completing Civil Cover Sheet The attorney (or pro se party) filing a case shall complete the form as follows:
A. Parties
i. Plaintiff(s)/Defendant(s)
Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency or corporation, use the full name of the agency or corporation. In the event there are more than two plaintiffs and/or two defendants, list the additional parties on a separate sheet of paper. Husband and wife should be listed as separate parties.
ii. Parties' Addresses and Telephone Numbers
Enter the address and telephone numbers of the parties at the time of filing of the action. If any party is a corporation, enter the address and telephone number of the registered office of the corporation.
iii. Number of Plaintiffs/Defendants
Indicate the total number of plaintiffs and the total number of defendants in the action.
B. Amount in Controversy
Check the appropriate box. Indicate whether an Assessment of Damages Hearing is required.
C. Commencement of Action
Indicate type of document to be filed to initiate the action.
D. Other
Indicate whether the case is an arbitration, jury or non-jury case. Check any other appropriate boxes. If the action will require the entry of an Order approving a minor/incapacitated person's compromise, wrongful death or survival action, check the appropriate box.
E. Track Assignment--COURT HAS FINAL APPROVAL FOR ALL TRACK ASSIGNMENTS
If you are requesting the Complex track, please indicate the reasons for your request.
F. Type of Action--Case Type
Select and insert the applicable case type and code from the first two columns of the following list:
Code Case Type Code Case Type Code Case Specific Code Case @ Asbestos Case 9 Mandamus 020 Airplane/Aviation 037 Motor. Veh. Accdt. < $25,000 X Assessment Appeal # Miscellaneous 001 Assault/Battery 005 M V Prop Damage A Civil Action F Mortgage Foreclosure 018 Class Action 009 Negotiable Instrument C Custody $ Municipal Appeal 015 Consumer Credit 032 Partition 1 Declaratory Judgment 7 Name Change 019 Contract--
Construction002 Premises Liability D Divorce Q Quiet Title 011 Contract--Sale of Goods 003 Personal Injury W Ejectment R Replevin 012 Contract--Other 027 Product Liability N Eminent Dom./Dec. of Tak. ! Tax Sale 025 Defamation 006 Property Damage (non-veh) 2 Eminent Domain/Pet. Viewers V Zoning Appeal 035 Discrimination 010 Recov. Overpaymt. E Equity 030 Employment/Wrongful Disc. 013 Rent/Lease/Ejectment L License Suspension Appeal 016 Fraud 039 Right to Know 040 Indirect Criminal Contempt 024 Stockholder Suit 008 Insurance--Declar. Judgment 014 Title to Real Property 034 Malicious Prosecution 004 Torts to Land 022 Malpractice--PROF. 023 Toxic Tort-Pers. Injury 033 Mechanic's Lien 031 Toxic Waste/Environ. 007 Motor Veh. Accdt. > $25,000 021 Wast/Contam/Env G Case Specific
Insert applicable case specific and code from the last two columns of the above list.
H. Statutory Basis for Cause of Action
If the action is commenced pursuant to statutory authority (''Petition Action''), the specific statute must be cited.
I. Related Pending Cases
All previously filed related cases must be identified. Indicated whether they have been consolidated by Court Order or Stipulation.
J. Plaintiff's/Appellant's/Petitioner's Attorney--Entry of Appearance
The name of filing party's attorney must be inserted, together with the other required information. Unrepresented filers must provide their name, address, telephone number and signature. Providing the fax number shall authorize the service of legal papers by facsimile transmission. See Pa.R.CP. 440(d)
CARBON COUNTY COURT OF COMMON PLEAS
CIVIL DIVISION
MOTION COVER SHEET
_________________ NO. ______ vs. _________________ ____ Assigned Judge FILING OF: ____ Court Action Taken Movant ( ) Respondent ( ) ____ Returned to Attorney for Deficiencies ____ Action Deferred by Court For Court Use Only TYPE OF FILING (check one):
( ) 1. Pretrial Discovery Motion (432)
( ) 2. Motion for Discovery in Aid of Execution (480)
( ) 3. Preliminary Objections to (576) __________
( ) 4. Motion for Summary Judgment (306)
( ) 5. Motion for Judgment on Pleadings (294)
( ) 6. Motion for Leave to Join Additional Defendant (403)
( ) 7. Motion for TRO or Preliminary Injunction (438)
( ) 8. Petition to Open or Strike Judgment (498)
( ) 9. Motion for Alternative Service (409)
( ) 10. Motion for Leave to Amend (465) __________
( ) 11. Motion to Consolidate Actions (424)
( ) 12. Petition to Compromise Minor's Action (435)
( ) 13. Motion for Leave to Withdraw (510)
( ) 14. Motion for Reconsideration (441)
( ) 15. Motion for Advancement on Trial List (404)
( ) 16. Other Motion or Petition (specify): __________
__________OTHER PARTIES:
_________________ _________________
_________________ _________________
_________________ _________________Attorney's Name (Typed) __________
Attorney for: __________( ) Movant( ) Respondent
N. B. The numbers after the Motion or Petition above are docket codes used in the Court Computer System. Please be precise when checking your Motion or Petition.
Rule 206.4(c)--Rule to Show Cause. Alternative Procedures.
1. Carbon County adopts the procedure under Pa.R.C.P. 206.6.
2. The issuance of a rule shall grant a stay of proceedings pending further order of court. The automatic stay shall be lifted upon motion with good cause shown.
3. The order shall be pursuant to Pa.R.C.P. 206.6(c) except that it shall be modified by deleting paragraphs (4) and (5) and substituting a new paragraph (4) which shall state: an evidentiary hearing on disputed issues of material fact shall be held on ______ day of ______ , 20 __ , at ______ time, in Courtroom No. _____ of the Carbon County Courthouse. Paragraph number 6 shall be renumbered to number 5.
Rule 208.2(c)--Motion. Form. Content.
Motions shall include a brief statement identifying the applicable procedural rule, statute, or other authority relied upon for the relief requested.
Rule 208.2(d)--Motion. Form. Content.
When uncontested, motions shall include a certification stating that the motion is uncontested.
Rule 208.2(e)--Motion. Form. Content.
Every motion relating to discovery shall include a certificate signed by counsel for the moving party that counsel has conferred or attempted to confer with all interested parties to resolve the matter and are unable to resolve the dispute without court action.
Rule 208.3(a)--Alternative Procedures.
(A) MOTIONS
(1) Pa.R.C.P. 208.4 shall govern motion procedure in Carbon County.
(2) All motions shall be in writing, except as permitted by the court or when made in open court during a trial or hearing and shall comply with Pa.R.C.P. 208.2.
(3) A motion shall comply with the following requirements:
(a) A brief statement of applicable authority pursuant to CARB.R.C.P. 208(c);
(b) If uncontested, a certification pursuant to CARB.R.C.P. 208.2(d);
(c) In discovery motions, a certification that counsel has conferred or attempted to confer with all interested parties to resolve the matter without court action pursuant to CARB.R.C.P. 208.2(e); and
(4) The failure, in any motion, to state a type of relief or a ground therefore shall constitute a waiver of such relief or ground.
(5) Any motion may request such alternative relief as may be appropriate.
(B) FILING
(1) All written motions and any written answers, and any notices, or documents for which filing is required, shall be filed with the Prothonotary.
(2) Self-addressed, stamped envelopes for each attorney and unrepresented party shall be provided with the filing of the motion to the Prothonotary's Office for service of the Order of Court.
(3) Filing shall be by:
(a) personal delivery to the prothonotary; or
(b) mail addressed to the prothonotary. Except as provided by law, filing by mail shall be timely only when actually received by the prothonotary within the time fixed for filing.
(4) The prothonotary shall accept all written motions, answers, notices, or documents presented for filing. When a document, which is filed pursuant to paragraph (A)(1), is received by the prothonotary, the prothonotary shall time stamp it with the date of receipt and make a docket entry reflecting the date of receipt, and promptly shall place the document in the case file.
(5) If a pro se party submits a document to a judge without filing it with the prothonotary, and the document requests some form of cognizable legal relief, the judge promptly shall forward the document to the prothonotary for filing and processing in accordance with this rule.
(C) SERVICE
(1) All written motions and any written answers, and notices or documents for which filing is required, shall be served upon each party and the district court administrator concurrently with filing.
(2) Service on the parties shall be by:
(a) personal delivery of a copy to a party's attorney, or the party if unrepresented; or
(b) personal delivery of a copy to the party's attorney employee at the attorney's office; or
(c) mailing a copy to a party's attorney or leaving a copy for the attorney at the attorney's office; or
(d) in those judicial districts that maintain in the courthouse assigned boxes for counsel to receive service, when counsel has agreed to receive service by this method, leaving a copy for the attorney in the attorney's box; or
(e) sending a copy to an unrepresented party by certified, registered, or first class mail addressed to the party's residence, business, or confinement; or
(f) sending a copy by facsimile transmission or other electronic means if the party's attorney, or the party if unrepresented, has agreed to this type of service or the attorney has provided a facsimile signature on any pleading authorizing this method of service for the document; or
(g) delivery to the party's attorney, or the party if unrepresented, by carrier service.
(3) Service on the district court administrator shall be by:
(a) mailing a copy to the district court administrator; or
(b) leaving a copy for the district court administrator at the district court administrator's office; or
(c) delivery to the district court administrator by carrier service.
Rule 210--Form of Briefs
1. Each brief shall contain:
(a) A history of the case;
(b) A statement of the pertinent facts;
(c) A statement of the questions involved; and
(d) The argument.
2. The statement of questions involved shall be so drawn that the Court may quickly determine all the legal questions requiring determination.
3. The argument shall be divided into as many parts as there are questions involved. Opinions of an Appellate Court, of this or any other jurisdiction shall be cited from the National Reporter's System and/or to the official reports of Pennsylvania Appellate Courts, if published therein.
4. Briefs shall refer specifically, by page number or other appropriate means, to any portion of the record relied upon in support of the argument.
5. Copies of all Non-Pennsylvania State cases and Non-3rd Circuit Federal cases shall be attached as Exhibits to said Brief.
6. Counsel for the moving party shall in all matters file an original and two (2) copies of a brief in the Office of the Prothonotary and forthwith serve one (1) copy of a brief upon each adverse party or counsel of record. Pa.R.C.P. 440 governs service. Service shall be required on the District Court Administrator.
7. Each adverse party or his counsel of record shall file in the Office of the Prothonotary an original and two (2) copies of a brief in answer, not later than three (3) weeks before the date of argument and forthwith serve a copy thereof upon all opposing parties or their counsel of record. Pa.R.C.P. 440 governs service. Service shall be required on the District Court Administrator.
8. Except as provided in (6), and (7) no untimely briefs shall be filed unless upon special allowance or within such time as shall be set by the Court.
Rule 212.1--Civil Actions to be Tried by Jury. Notice of Earliest Trial Date. Time for Completing Discovery and Filing Pre-Trial Statement.
Every party shall simultaneously file and serve upon opposing counsel a Pre-Trial Statement on or before the date established in the management review order or the order of court granting a motion to extend milestones.
Any motion to extend milestones shall be in compliance with CARB.R.C.P. 208.2(d) and CARB.R.C.P. 208.3(a). The proposed order shall list the current milestones and the recommended milestones to be established.
Rule 212.3--Pre-Trial Conference
At the Pre-Trial Conference, the parties or representatives of their insurance carriers are expected to attend having realistic settlement authority.
Rule 430--Service pursuant to Special Order of Court. Publication.
The Carbon County Law Journal shall be designated by the Carbon County Court of Common Pleas to be the legal publication for service of process by publication.
Rule 1018.1--Notice to Defend. Form
As required by Pa.R.C.P. 1018.1(c), the following shall be designated in the notice to defend as the person from whom legal referral can be obtained:
District Court Administrator
Carbon County Courthouse
4 Broadway
P. O. Box 131
Jim Thorpe, PA 18229-0131
(570) 325-8556Rule 1028(c)--Preliminary Objections
A. Preliminary Objections pursuant to Pa.R.C.P. 1028(a)(1), (5), or (6):
1. A proposed order shall be attached to all preliminary objections.
2. A notice to plead shall be attached to the preliminary objections.
3. If the parties agree to the relief sought, the preliminary objections shall be accompanied by a stipulation signed by all affected counsel or unrepresented parties.
4. The moving party shall simultaneously file a brief in support of the preliminary objections. See CARB.R.C.P. 210 for form, content of brief, service and filing requirements.
5. If an amended complaint is not filed within twenty (20) days of service of the preliminary objections, the matter shall be scheduled for hearing.
6. The adverse party shall file a brief in response to the preliminary objections within twenty (20) days of service. See CARB.R.C.P. 210 for form, content of brief, service and filing requirements.
7. The Court shall dispose of the matter within fifteen (15) days of argument.
B. Preliminary Objections pursuant to Pa.R.C.P. 1028(a)(2), (3), or (4):
1. A proposed order shall be attached to all preliminary objections.
2. If the parties agree to the relief sought, the preliminary objections shall be accompanied by a stipulation signed by all affected counsel or unrepresented parties.
3. The moving party shall simultaneously file a brief in support of the preliminary objections. See CARB.R.C.P. 210 for form, content of brief, service and filing requirements.
4. If an amended complaint is not filed within twenty (20) days of service of the preliminary objections, the matter shall be scheduled for argument.
5. The adverse party shall file a brief in response to the preliminary objections within twenty (20) days of service. See CARB.R.C.P. 210 for form, content of brief, service and filing requirements.
6. The Court shall dispose of the matter within fifteen (15) days of argument.
Rule 1034(a)--Motion for Judgment on the Pleadings.
1 The moving party shall file the motion, proposed order and a supporting brief simultaneously. If a brief is not filed with the motion, the motion shall be deemed withdrawn, without prejudice, upon motion of the opposing party. A certificate of service in conformance with Pa.R.C.P. 208.2(a)(5) shall be attached to the motion. Pa.R.C.P. 40 governs service. Service shall be required on the District Court Administrator. For form of briefs, see CARB.R.C.P. 210.
2 Any party opposing the motion shall file a responsive brief within twenty (20) days of service of the motion and provide service in accordance with number one above. Failure to file a brief shall be deemed to have no opposition to the motion.
3 Upon service of the motion on the District Court Administrator, argument shall be scheduled allowing for sufficient time to file the response briefs.
4 The Court shall dispose of the matter within fifteen (15) days of argument.
Rule 1035.2(a)--Motion.
1 The moving party shall file the motion for summary judgment, proposed order and a supporting brief simultaneously. If a brief is not filed with the motion, the motion shall be deemed withdrawn, without prejudice, upon motion of the opposing party. A certificate of service in conformance with Pa.R.C.P. 208.2(a)(5) shall be attached to the motion. Pa.R.C.P. 440 governs service. Service shall be required on the District Court Administrator. For form of briefs, see CARB.R.C.P. 210.
2 Any party opposing the motion shall file a responsive brief within thirty (30) days of service of the motion and provide service in accordance with number one above. Failure to file a brief shall be deemed to have no opposition to the motion and the court shall grant the motion.
3 Upon service of the motion on the District Court Administrator, argument shall be scheduled allowing for sufficient time to file the response briefs.
4 The Court shall dispose of the matter within fifteen (15) days of argument.
Rule 1302--List of Arbitrators. Appointment to Board. Oath.
Any attorney interested in serving on Arbitration cases shall complete and return to the District Court Administrator a ''Consent to Serve as Arbitrator'' as attached hereto.
This information shall be entered into the Court database for maintenance and selection of available arbitrators.
CONSENT TO SERVE AS ARBITRATOR The undersigned hereby consents to serve as an Arbitrator under the Pennsylvania Rules of Compulsory Arbitration, and asks that his/her name remain on the active roll of Arbitrators to continue to serve in such capacity when called upon until further notice.
______ ______ SIGNATURE
DATE
PLEASE TYPE OR PRINT CLEARLY: NAME:
_______________________________________________Date Admitted to the Carbon County Bar _________________ Email: _________________ FIRM: _____________________________________ ADDRESS: _____________________________________
_______________________________________________MAILING ADDRESS: (if different than above) ___________________________
_______________________________________________Telephone No. _________________ Fax No. _________________
Identification No. _____________________________________(This number appears on the lower left corner of card issued by the State Court Administrator) I am associated in the Practice of Law with: (Please indicate associates Identification No.) ___________________________ # _________________ ___________________________ # _________________ ___________________________ # _________________ ___________________________ # _________________ _______________________________________________ I am related to the following members of the Bar who are not associated with me in the Practice of Law. ___________________________ # _________________ ___________________________ # _________________ NOTE: Any change in your status of practicing with or being associated with any other lawyer or lawyers shall immediately be reported to the District Court Administrator.
Rule 1303--Hearing. Notice.
Notice of the appointment of arbitrators and the date, time and place of arbitration shall be pursuant to Pa.R.C.P. 1303 and served pursuant to Pa.R.C.P. 440 by the Prothonotary's Office. The Notice shall include the following language: ''The matter will be heard by a board of arbitrators at the time, date, and place specified but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a judge of the court without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge.''
If a case is settled less than two (2) days before the Arbitration hearing, one of the attorneys must appear before the Board of Arbitrators and have an Award entered by agreement. If it is settled more that two (2) days before the Arbitration hearing, Plaintiff's attorney must file a praecipe to strike the case from the arbitration list because the case is settled and must notify the panel members.
Rule 1501--Conformity to Civil Action.
When a praecipe for a writ of summons, a complaint or a counterclaim is filed, the Prothonotary shall index the action as a lis pendens against real property, if, but only if, the party filing the praecipe, the complaint or the counterclaim, or his attorney:
(1) files a separate praecipe describing said real property by metes and bounds or a sufficient description to identify it, and the volume and page in the Recorder of Deeds Office of this county where a recorded description of said property appears;
(2) directs in said separate praecipe that the action shall be listed on a lis pendens against said real property; and
(3) files in said separate praecipe a certification that said action:
(A) is a proceeding to revive and continue the lien of debts against a decedent's property; or
(B) is a proceeding conveying or vesting title to real property in this Commonwealth; or
(C) is a proceeding of which purchasers of the described real property should have constructive notice; and
(4) files with said separate praecipe, a written verified statement, as verified as defined in Pa. R.C.P. 76, setting forth the basis and subject matter of the cause of action and that said action affects the title to the real property so described or of any interest in said real property.
Rule 1530--Special Relief. Accounting.
1. If an auditor is appointed pursuant Pa.R.C.P. 1530(d), the following procedures shall govern:
(A) The auditor shall give two weeks notice in writing to the parties or their attorneys of record of the time and place fixed for hearing the matter.
(B) Testimony taken by the auditor at the hearing shall be recorded stenographically. The notes of the testimony shall not be transcribed unless exceptions are filed to the auditor's report.
(C) Within forty-five (45) days after the conclusion of the hearing the auditor shall file a written report which insofar as it is practicable shall contain (i) a history of the proceedings before the auditor, (ii) findings of fact, numbered consecutively, (iii) a concise discussion of the evidence presented and the legal issues involved, (iv) conclusions of law, numbered consecutively, and (v) a statement of the account.
(D) Upon filing of the report the auditor shall serve a copy of the same on the parties in accordance with Pa.R.C.P. 440.
(E) Exceptions to the report of the auditor may be filed by any party within ten (10) days after service of a copy of the report upon him. If such exceptions are filed, the Court shall hear argument on the same and shall enter such order or judgment as may be appropriate. If no timely exceptions are filed, the account stated in the report of the auditor shall be final and judgment may be entered thereon upon praecipe.
(F) The Court shall determine the compensation and reimbursement for expenses to be allowed the auditor and stenographer, and shall direct that such items be taxed in whole or in part against the fund available for distribution or against any party or parties to the action as may be just and equitable in the circumstances. Upon the appointment of an auditor the moving party shall promptly deposit with the Prothonotary such sum as the court may direct for the compensation and expenses of the auditor and stenographer, and the moving party shall deposit such additional sums for such purpose as the Court may from time to time direct. Any sum so deposited which is not required for such purposes shall be refunded to the moving party upon the entry of the final order or decree.
Rule 1901.5--Enforcement.
If an emergency order of a District Justice or a temporary or final order of a Judge is violated, it shall be presumed that the Court of Common Pleas is unavailable and the arresting police officer shall take the defendant before a District Justice in the magisterial district in which the abuse for which relief is requested occurred.
Rule 1905--Forms for Use in Pfa Actions. Notice and Hearing. Petition. Temporary Protection Order. Final Protection Order.
The forms attached hereto shall be used to commence or amend an action pursuant to Pa.R.C.P. 1901.3(a).
IN THE COURT OF COMMON PLEAS OF
CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW
______ : (Plaintiff) : : vs.
: No. ______ : : ______ : (Defendant)
NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. Any protection order granted by a court may be considered in subsequent proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody).
A hearing on the matter is scheduled for the ____ day of ______ , 20 ____ , at _____ . M., in Courtroom ______ at Carbon County Courthouse, Jim Thorpe, Pennsylvania.
You MUST obey the Order that is attached until it is modified or terminated by the Court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. § 6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. § 2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. §§ 2261-2262.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FREE OR NO FEE. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE.
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