874 Amendment of local rule of orphans court procedure 3.1 conformity to equity practice in general; no. 14-9102  

  • CARBON COUNTY

    Amendment of Local Rule of Orphans Court Procedure 3.1 Conformity to Equity Practice in General; No. 14-9102

    [44 Pa.B. 2511]
    [Saturday, April 26, 2014]

    Administrative Order No. 8-2014

    And Now, this 4th day of April, 2014, it is hereby

    Ordered and Decreed that, effective May 1, 2014, Carbon County Rule of Orphans Court Procedure CARB.Co.O.C.R. 3.1 governing Conformity to Equity Practice in General be and is hereby Amended as follows.

     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. File one (1) certified copy with the Orphans Court Procedural Rules Committee.

     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 copies of the Administrative Order and Local Rules in the Orphan's Court Office.

    By the Court

    ROGER N. NANOVIC, 
    President Judge

    3.1. Conformity to Equity Practice in General.

     1 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 Register of Wills/Orphans Court 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.

     2 The parties and their attorneys are solely responsible for complying with the provisions of number 1 above. The court staff is not responsible for reviewing any document filed as a public record for compliance with number 1 above. A party's or attorney's failure to comply with the provisions shall not affect access to case records that are otherwise accessible.

     3 Motions and petitions shall be governed by the provisions of Carbon County Civil L206.1. A completed Petition/Motion cover sheet shall be attached in the form as Exhibit ''A.''

     4 A copy of every pleading, including exceptions, shall be promptly served upon counsel of record for all parties in interest, and upon any party who is not represented.

     5 A party representing himself or herself shall enter a written appearance which shall state an address, which need not be his or her home address, where the party agrees that pleadings and other legal papers may be served, and a telephone number through which the party may be contacted, as attached hereto and marked Exhibit ''B.'' The entry of appearance may include a facsimile number as provided by Pa.R.C.P. No. 440(d).

     6 A self-represented party is under a continuing obligation to provide current contact information to the Court, to other self-represented parties, and to attorneys of record.

     7 The self-represented party shall provide a copy of the entry of appearance to all self-represented parties and attorneys of record.

     8 The assertion of self-representation shall not delay any stage of the proceeding.

    Exhibit ''A''

    CARBON COURT OF COMMON PLEAS
    ORPHANS' COURT DIVISION
    PETITION/MOTION COURT COVER SHEET

    NO. ______
    _________________
    vs.   
    _________________
     _____ Assigned Judge
     _____ Court Action Taken
     _____ Returned to Attorney for Deficiencies
     _____ Action Deferred by Court
    For Court Use Only

    FILING OF: Petitioner ( )    Respondent ( )

    ________________________________________________________________________________________________________________________________________________________________________________

    TYPE OF FILING (check one):

    ( ) 1. Application for Continuance (128)

    ( ) 2. Petition for Adoption (134)

    ( ) 3. Petition for Voluntary Termination (132)

    ( ) 4. Petition for Involuntary Termination (155)

    ( ) 5. Petition to Remove Fiduciary (053)

    ( ) 6. Petition for Guardian of Minor (050)

    ( ) 7. Petition to Sell Real Estate (052)

    ( ) 8. Petition to Distribute Minor's Estate (057)

    ( ) 9. Incapacity Petition (058)

    ( ) 10. Petition to Withdraw as Counsel (127)

    ( ) 11. Petition to Revoke Letters (064)

    ( ) 12. Petition to Challenge Election (229)

    ( ) 13. Petition to Excuse Additional Bond (055)

    ( ) 14. Petition for Compensation (151)

    ( ) 15. Other Motion or Petition (specify):
    ___________________________________________________________________

    ( ) 16. Response to:
    ___________________________________________________________________

    OTHER ATTORNEY:

    _______________________     _________________
    Attorney's Name (Typed)

    Attorney for: _________________________________________________
    ( ) Petitioner    ( ) Respondent

    N.B. The numbers after the Motion or Petition above are docket codes used in the Court Computer System. Please be precise when marking your Motion or Petition. When filing Motion or Petition, provide Clerk with sufficient copies for opposing Counsel and filing Counsel.

    THIS FORM IS AVAILABLE IN THE ORPHANS' COURT OFFICE

    Exhibit ''B''

    IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
    ORPHANS COURT DIVISION

    ENTRY OF APPEARANCE

    In accordance with Carbon County Rule of Orphans Court Procedure CARB.Co.O.C.R. No. 3.1 governing a Self-Represented Party:

    I _________________ , Plaintiff or Defendant (circle one)

    choose to represent myself and provide the following address where pleadings and other legal papers can be served and a telephone number through which I can be contacted. This Entry of Appearance shall remain in full force and effect unless superseded with an Entry of Appearance by an attorney.

    __________________________________
    Street Address Telephone Number
    __________________________________
    City, State, Zip Code Facsimile Number (Governed by PA Rule of Civil
    Procedure 440(d))

    In accordance with Carbon County Rule of Orphans Court Procedure 3.1, a self-represented party is under a continuing obligation to provide current contact information to the court, to other self-represented parties, and to attorneys of record.

    _________________   _________________
    Signature Date

    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: ______________________________________________

    _____________________________________________________

    _____________________________________________________

    [Pa.B. Doc. No. 14-874. Filed for public inspection April 25, 2014, 9:00 a.m.]

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