Title 255—LOCAL
COURT RULESLACKAWANNA COUNTY Repeal and Adoption of Rules of Civil Procedure; No. 94 CV 102 [41 Pa.B. 344]
[Saturday, January 15, 2011]Order And Now, this 8th day of December, 2010, it is hereby Ordered and Decreed that the following Lackawanna County Rules of Civil Procedure are amended as follows:
1. New Lacka. Co. R.C.P. 3190, 3191, 3192 and 3193 are adopted as reflected in the following Rule;
2. Pursuant to Pa. R.C.P. 239(c)(2)—(6), the following Local Rules shall be disseminated and published in the following manner:
(a) Seven (7) certified copies of the following Local Rules shall be filed with the Administrative Office of the Pennsylvania Courts;
(b) Two (2) certified copies of the following Local Rules and a computer diskette containing the text of the following Local Rules in Microsoft Word format and labeled with the court's name and address and computer file name shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
(c) One (1) certified copy of the following Local Rules shall be filed with the Civil Procedural Rules Committee;
(d) The following Local Rules shall be kept continuously available for public inspection and copying in the Office of the Clerk of Judicial Records, Civil Division, and upon request and payment of reasonable costs of reproduction and/mailing, the Clerk of Judicial Records shall furnish to any requesting person a copy of the requested Local Rule(s); and
(e) A computer diskette containing the text of the following Local Rules in Microsoft Word format and labeled with the court's name and address and computer file name shall be distributed to the Lackawanna Bar Association for publication on the website of the Lackawanna Bar Association.
3. The adoption of new Lackawanna County R.C.P. Nos. 3190, 3191, 3192 and 3193 shall become effective thirty (30) days after the date of their publication in the Pennsylvania Bulletin pursuant to Pa. R.C.P. 239(d).
By the Court
CHESTER P. HARHUT,
President JudgeRule 3190. Real Estate Tax Assessment Appeal.
(a) A real estate tax assessment appeal from a decision of the Lackawanna County Board of Assessment Appeals as to the amount of assessment for real estate tax purposes or as to exemption of real estate from payment of real estate taxes shall be captioned ''Real Estate Tax Assessment Appeal'' and shall be filed with the Clerk of Judicial Records within the time prescribed by statute.
(b) A Real Estate Tax Assessment Appeal shall contain the following:
(1) Caption designating the named party taking the appeal as Appellant, the Lackawanna County Board of Assessment Appeals as Appellee, and if Appellant is a taxing authority it shall join the owner of the real estate involved as of course as a party in the assessment appeal by designating such named owner in the caption as Respondent.
(2) Brief description of the subject real estate, its location, name and address of the owner, and municipality and school district wherein the real estate is located.
(3) Nature of and reasons for the appeal.
(4) Reference to the decision of Lackawanna County Board of Assessment Appeals (Board) from which the appeal is taken. A copy of the Board's notice of decision shall be attached as an exhibit.
(5) Verification consisting of a verified statement as ''verified'' is defined in Pa. R.Civ.P. No. 76.
(c) Appellant shall serve copies of the appeal by certified or registered mail upon the Board at its official office and, unless named as the appellant, upon the Board of County Commissioners of Lackawanna County and upon the legislative governing body of the municipality and the board of school directors of the school district wherein the real estate is located at their respective official offices, or, in the absence of an official office, at the last known address of the secretary of said body and upon the respondent owner of the real estate at said owner's last known address.
(d) Appellant shall file with the Clerk of Judicial Records within ten (10) days of the filing of the Real Estate Tax Assessment Appeal, proof of service of copies thereof consisting of a verified statement (as ''verified'' is defined in Pa. R.Civ.P. No. 76) that service was made by certified or registered mail, with the sender's receipt for certified or registered mail attached thereto.
(e) No response is required to be made by Appellee or by the County, municipality, school district or Respondent owner of real estate served with copy of Real Estate Tax Assessment Appeal.
Rule 3191. Intervention.
(a) The County, municipality, or school district not named as Appellant may intervene as of course during pendency of the appeal by filing a Notice of Intervention with Clerk of Judicial Records.
(b) Notice of Intervention shall contain the name of the intervening party designated as intervenor in the caption, and shall set forth that such identified party is intervening.
(c) Intervenor shall serve copies of Notice of Intervention by certified or registered mail upon Appellant, Appellee, any Respondent owner and any other intervening parties of record.
(d) Intervenor shall file with the Clerk of Judicial Records within ten (10) days of the filing of Notice of Intervention, proof of service of copies thereof consisting of a verified statement (as ''verified'' is defined in Pa. R.Civ.P. No. 76) that service was made by certified or registered mail, with the sender's receipt for certified or registered mail attached thereto.
(e) No response is required to be made by any party served with copy of Notice of Intervention.
Rule 3192. Discovery.
(a) Depositions and Discovery shall be applicable to real estate tax assessment appeals, unless otherwise ordered by the court.
Rule 3193. Pretrial Status Conference.
(a) The court sua sponte or upon application of a party shall schedule a pretrial status conference. Notification of conference need be given by the court only to Appellant, Appellee, Respondent owner if any, and such other parties who have intervened of record.
(b) Each party of record shall file with the Clerk of Judicial Records, a Pretrial Status Conference Memorandum and serve a copy thereof on the trial judge at least seven (7) days prior to the date of scheduled conference along with proof of service of copies thereof upon parties of record by personal service or by regular mail. Proof of service shall consist of a verified statement as ''verified'' is defined in Pa. R.Civ.P. No. 76.
(c) Pretrial Status Conference Memorandum shall contain a summary statement of facts, stipulations desired, witnesses expected to be called, exhibits expected to be offered, legal issues, and special problems presented, if any.
[Pa.B. Doc. No. 11-70. Filed for public inspection January 14, 2011, 9:00 a.m.]
