THE COURTS
Title 255—LOCAL
COURT RULES
CARBON COUNTY
Amendment of Local Rules of Civil Procedure 205.2(a) Filing of Legal Papers with the Prothonotary and 1035.2(a) Motion for Summary Judgment; No. 10-1100; 13-0523; 13-1830
[44 Pa.B. 2747]
[Saturday, May 10, 2014]
Amended Administrative Order No. 7-2014 And Now, this 17th day of April, 2014, in order to correct an improper numbering of the Local Rule of Civil Procedure from 205.3.1 to 205.2(a), it is hereby
Ordered and Decreed that, effective May 1, 2014, Carbon County Rules of Civil Procedure CARB.R.C.P. 205.2(a) governing Filing of Legal Papers with the Prothonotary, and CARB.R.C.P. 1035.2(a) governing a Motion for Summary Judgment be and are hereby Amended as follows.
It Is Further Ordered and Decreed that Carbon County Rule of Civil Procedure CARB.R.C.P. 205.3.1 governing Filing of Legal Papers with the Prothonotary—Originals and Copies promulgated effective November 1, 2013 be and is hereby Valid and Enforceable retroactive to November 1, 2013.
1. The Carbon County District Court Administrator is Ordered and Directed to File one (1) certified copy of this Administrative Order and Local Rules with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one (1) CD with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. Publish the Rules on the UJS Portal at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.
4. File one (1) certified copy with the Civil Procedural Rules Committee.
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 Administrative Order and Local Rules in the Prothonotary's Office.
By the Court
ROGER N. NANOVIC,
President JudgeRule 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.
10. Any documents presented for filing referring to social security numbers, driver's license/vehicle identification numbers, and any financial account numbers shall list only the last four digits. Birth dates shall be limited to the year of birth only. When reference is made to a minor child (i.e., individuals less than 18 years of age), the names shall not be given, only their initials. The complete social security numbers, account numbers, dates of birth and full names of minors shall be submitted on the Court's ''CONFIDENTIAL INFORMATION FORM'' attached hereto. The Prothonotary's Office shall record the Confidential Information in the Court Computer Database and, upon verification of proper entry, shall shred the form containing the Confidential Information. This information shall remain confidential in that it will only be visible to internal personnel and cannot be accessed through the public access programs.
11. The parties and their attorneys are solely responsible for complying with the provisions of number 10 above. The court staff is not responsible for reviewing any document filed as a public record for compliance with number 10 above. A party's or attorney's failure to comply with the provisions shall not affect access to case records that are otherwise accessible.
COMMONWEALTH OF PENNSYLVANIA Confidential Information Form COUNTY OF CARBON Carbon County Court of Common Pleas
Carbon County Courthouse
P.O. Box 131
Jim Thorpe, PA 18229-0131
Telephone: (570) 325-8556_________________
VS.
_________________
Docket No. _________________
CONFIDENTIAL INFORMATION Name:
_______________________
[ ] Plaintiff [ ] Defendant
[ ] Other: ________________
Social Security Number
Financial Information/Driver's License Number/VIN Name:
_______________________
[ ] Plaintiff [ ] Defendant
[ ] Other: ________________
Social Security Number
Financial Information/Driver's License Number/VIN Name:
_______________________
[ ] Plaintiff [ ] Defendant
[ ] Other: ________________
Social Security Number
Financial Information/Driver's License Number/VIN Name:
_______________________
[ ] Plaintiff [ ] Defendant
[ ] Other: ________________
Minor Child(ren) Names/Dates of Birth
Name: _________________ Signature: _________________
Attorney #: _________________ Telephone: _ (______) _________________
Address: ______________________________________________
_____________________________________________________
_____________________________________________________
Rule 1035.2(a). Motion for Summary Judgment.
1 A party moving for summary judgment shall simultaneously file with the motion a proposed order and supporting brief. 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 response within thirty (30) days of service of the motion, together with a certificate of service evidencing service in accord-ance with number one above. Service shall be required on the District Court Administrator. A party who fails to respond to the motion shall be deemed to be unopposed to the granting of the motion without contest.
3 Upon service of the motion and response on the District Court Administrator, the matter shall be decided on briefs unless the assigned Judge requests that argument be scheduled. If a party desires argument, a Praecipe for Argument shall accompany the motion or response.
4 A respondent briefing schedule will be issued by the Court contemporaneous with the scheduling of any argument ordered by the Judge or requested by the filing of the Praecipe for Argument. If the matter is to be decided on briefs, a respondent briefing schedule will be issued.
5 A party who fails to file a brief shall not be permitted to argue.
[Pa.B. Doc. No. 14-967. Filed for public inspection May 9, 2014, 9:00 a.m.]
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