Title 255—LOCAL
COURT RULESBEAVER COUNTY Local Rules of Civil Procedure; No. 10130-2001 Administrative Order [43 Pa.B. 6201]
[Saturday, October 19, 2013]The following additions to the Beaver County Local Rules of Civil Procedure are hereby adopted, effective thirty (30) days after publication in the Pennsylvania Bulletin, in accordance with Pa.R.C.P. No. 239(d). L.R. 8000 and L.R. 8001 governing Local Real Estate Assessment Appeal Practice are adopted.
The District Court Administrator is Directed to:
(1) file one (1) certified copy of the Local Rules with the Administrative Office of Pennsylvania Courts;
(2) submit two (2) certified copies of the Local Rules and a copy on computer diskette or CD-ROM containing the text of the Local Rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
(3) submit one (1) certified copy of the Local Rules to the Civil Procedural Rules Committee of the Pennsylvania Supreme Court;
(4) keep a copy continuously available for public inspection and copying in the Office of the Prothonotary of Beaver County;
(5) keep a copy continuously available for public inspection and copying in the Beaver County Law Library.
By the Court
JOHN D. McBRIDE,
President JudgeREAL ESTATE ASSESSMENT APPEALS LR8000. Real Estate Assessment Appeals.
A. All appeals taken from a real estate assessment fixed by the Board of Assessment Appeals shall be presented in the form of a Petition for Allowance of Appeal in Civil Motion Court.
B. The Petition for Allowance of Appeal, presented to the Court, shall have attached to it a proposed preliminary decree which shall provide:
1. that the appeal is allowed and the issuance of a Rule to Show Cause shall be issued on the Beaver County Tax Assessment Office;
2. that the taxing authorities within whose jurisdiction the real estate is situated and the property owner, if the appellant is not the property owner, are hereby notified that the leave to intervene in said appeal, if desired, must be sought in accordance with Pa.R.C.P. 2328—2330; and
3. that within five days from the date of the preliminary decree, appellant shall serve a copy of the petition and preliminary decree upon the Board of Assessment Appeals, the Board of Commissioners of Beaver County, the governing bodies of the school district and each municipality in which the real estate is situate, and upon the property owner, if the appellant is not the property owner.
C. If the Petition for Allowance of Appeal is not properly served in accordance with B(3) the Petition may be dismissed.
LR8001. Pre-Hearing Statement and Conference.
A. Within forth-five (45) days after required service of the petition and preliminary decree, all parties of record shall submit a pre-hearing statement to the Court Administrator and serve a copy on all other parties of record. The pre-hearing statement shall include:
1. A summary of the facts which will be offered by oral and documentary evidence at the hearing;
2. A list of exhibits to be offered;
3. A list of the names and addresses of all witnesses to be called;
4. Copies of any appraisal reports, or if no report is available, a summary of the testimony of any expert who will be called as a witness;
5. A statement of the current valuation which is the basis for the appeal;
6. A statement setting forth the appellant's position as to the correct valuation which shall include appellant's position as to correct market value, assessment ratio and assessment;
7. A statement that there have been negotiations between the parties and a good faith attempt to settle the case;
8. The statement shall be signed by the parties or their counsel; and
9. An affidavit that the service of the petition and the preliminary decree was made on all parties as required by Local Rule 8000(B)(3).
B. Upon receipt of the pre-hearing statement of the parties of record, the Court Administrator shall refer the case to a member of the Court who shall schedule a pre-hearing conference at which the parties of record and their counsel shall be present. Notice of the pre-hearing conference shall be given by the Court Administrator to all affected taxing authorities whether or not parties of record.
C. At the pre-hearing conference, the parties of record shall consider:
1. possible stipulations as to evidence and facts;
2. simplification of the issue; and
3. settlement.
D. At the pre-hearing conference each party of record shall either be personally present, or shall be represented by counsel authorized to act on behalf of the absent party of record with respect to the trial of the case or its settlement.
E. Following the pre-hearing conference the Court will enter an appropriate order which may include the scheduling of a hearing.
[Pa.B. Doc. No. 13-1956. Filed for public inspection October 18, 2013, 9:00 a.m.]
