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PA Bulletin, Doc. No. 10-1387

THE COURTS

CARBON COUNTY

Transfer of Juvenile Delinquency/Dependency Filing Functions and Duties of the Clerk of Courts; No. CP-13-AD-0000005-2010; No. 10-1902

[40 Pa.B. 4249]
[Saturday, July 31, 2010]

Administrative Order 16-2010

 And Now, this 13th day of July, 2010, in order to comply with Pa.R.J.C.P. 121 and 1121 governing the procedure for local rules and upon consideration of the Petition filed by William C. McGinley, Carbon County Clerk of Courts, it is hereby

 Ordered and Decreed that, effective thirty (30) days after publication on the UJS Portal and in the Pennsylvania Bulletin, the Court Reestablishes that the Clerk of Courts of Carbon County be and is hereby relieved from the responsibility of maintaining dockets and original files relating to Juvenile Court delinquency/dependency matters in Carbon County.

 It Is Further Ordered and Decreed that the Carbon County Juvenile Court Office is designated as the Clerk of Courts for delinquency matters and the Carbon County Children and Youth Office is designated as the Clerk of Courts for dependency matters.

 It Is Further Ordered that personnel, from time to time designated by the Chief Juvenile Court Officer of the Carbon County Juvenile Probation Office and the Children and Youth Administrator II of the Carbon County Children and Youth Office, be deputized by the Clerk of Courts for the performance of the duties enumerated above, including the taking of affidavits and the affixing of the seal of the Court of Common Pleas of Carbon County where the same may be required.

 The Carbon County District Court Administrator is Ordered and Directed to do the following:

 1. File one (1) certified copy of this Administrative Order with the Administrative Office of Pennsylvania Courts.

 2. File two (2) certified copies, one (1) CD and the written notification received from the Juvenile Court Procedural Rules Committee and Criminal Procedural Rules Committee with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3. Publish a copy of the Administrative Order on the UJS Portal at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.

 4. Forward one (1) copy for publication in the Carbon County Law Journal.

 5. Forward one (1) copy to the Carbon County Law Library.

 6. Keep continuously available for public inspection a copy of the Order in the Clerk of Courts Office, Juvenile Probation Office, Children and Youth Office and Prothonotary.

By the Court

ROGER N. NANOVIC, 
President Judge

Petition to Transfer Juvenile Delinquency/Dependency Case Filing Functions and Duties to Carbon County Juvenile Court and Children and Youth Office

 The Petition of WILLIAM C. McGINLEY, Clerk of Courts of Carbon County, Pennsylvania, respectfully represents as follows:

 1. The Judicial Code of Pennsylvania, Section 962, provides that each Court of Common Pleas shall have such other sections as may be provided or prescribed by law. See 42 Pa.C.S.A. § 962, effective June 27, 1978.

 2. On March 21, 1985, former Clerk of Court Anne Cipko filed a Petition to Transfer Juvenile Case Filing Functions and Duties to Carbon County Youth Services. Former President Judge John P. Lavelle granted the Petition on March 21, 1985 effective January 1, 1985.

 3. On May 30, 2002, former President Judge Richard W. Webb amended this Court's March 21, 1985 Order to identify the title of the proper offices and personnel to whom the responsibility of maintaining dockets and original files relating to Juvenile Court has been transferred.

 4. The President Judge of Carbon County has charged the CARBON COUNTY JUVENILE COURT OFFICE and the CARBON COUNTY CHILDREN AND YOUTH OFFICE, inter alia, with the duty of keeping and maintaining all original pleadings, documents, transcripts and tapes of Court hearings filed in Juvenile Court delinquency/dependency matters, as well as keeping and maintaining a docket of all transactions in the Juvenile Court System in Carbon County.

 5. In order to avoid the cost and expense of maintaining duplicate dockets and records in Juvenile Court delinquency/dependency matters, the CLERK OF COURTS hereby WAIVES any and all functions and duties ordinarily performed in the filing, docketing and handling of all original pleadings, transcripts, tapes, and documents in Juvenile Court delinquency/dependency matters in Carbon County, Pennsylvania, pursuant to the Judicial Code, 42 Pa.C.S.A. § 2756(b)(2).

 WHEREFORE, your petitioner respectfully requests that an appropriate Order be issued by your Honorable Court confirming the transfer of said functions and duties to the CARBON COUNTY JUVENILE COURT OFFICE and the CARBON COUNTY CHILDREN AND YOUTH OFFICE.

WILLIAM C. McGINLEY, 
Clerk of Courts
Carbon County, Pennsylvania

[Pa.B. Doc. No. 10-1387. Filed for public inspection July 30, 2010, 9:00 a.m.]


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