1583 Amendment of civil procedure rules 1018.1; notice to defend and form, 1303--arbitration hearing and notice, 2102(b) style of action in real estate assessment appeals; no. 04-1727

CARBON COUNTY

Amendment of Civil Procedure Rules 1018.1; Notice to Defend and Form, 1303--Arbitration Hearing and Notice, 2102(b) Style of Action in Real Estate Assessment Appeals; No. 04-1727

[38 Pa.B. 4740]
[Saturday, August 30, 2008]

Administrative Order No. 16-2008

   And Now, this 15th day of August, 2008, it is hereby Ordered and Decreed that, effective October 1, 2008, Carbon County Rules of Civil Procedure CARB.R.C.P. 1018.1 governing the Notice to Defend and Form, CARB.R.C.P. 1303 governing the Hearing and Notice in arbitration cases, and CARB.R.C.P. 2102(b) governing the Style of Action in a real estate assessment appeals be and are hereby Amended as attached hereto.

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

   1.  File seven (7) certified copies of this Administrative Order with the Administrative Office of Pennsylvania Courts.

   2.  File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  File one (1) certified copy with the Pennsylvania Civil 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 Order in the Prothonotary's Office.

By the Court

ROGER N. NANOVIC,   
President Judge

Rule 1018.1--Notice to Defend. Form.

   As required by Pa.R.C.P. 1018.1(c), the following shall be designated in the notice to defend as the person from whom legal referral can be obtained:

North Penn Legal Services
1203 North Street
Jim Thorpe, PA 18229
[phone]

Rule 1303--Hearing. Notice.

   Notice of the appointment of arbitrators and the date, time and place of arbitration in accordance with Pa.R.C.P. 1303 shall be made by the Prothonotary's Office. The Notice shall include the following language: ''The matter will be heard by a board of arbitrators at the time, date, and place specified but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a judge of the court without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge.''

   All continuance requests must be filed no later than seven (7) days before the scheduled Arbitration hearing. The attorney/party must notify all other attorneys/pro se parties and members of the panel of the granting of the continuance motion. In the event such notice is not provided and a panel member appears, the defaulting party shall be responsible for paying the panel member the current arbitration fee of $150.00. Any continuances requested within the seven (7) days of the scheduled Arbitration hearing shall require the personal appearance of the attorney/pro se party before the Judge to explain the extenuating circumstances necessitating the late filing.

   Any appointed arbitrator must notify Court Administration of their inability to serve within ten (10) days of the scheduled event so that a suitable replacement can be secured.

   If a case is settled less than two (2) days before the Arbitration hearing, one of the attorneys/pro se parties must appear before the Board of Arbitrators and have an Award entered by agreement. If it is settled more than two (2) days before the Arbitration hearing, Plaintiff's attorney/Plaintiff must file a praecipe to strike the case from the arbitration list because the case is settled and must notify all other attorneys/pro se parties and the panel members.

Rule 2102(b)--Style of Action.

   (1)  In all cases where an appeal is taken from a real estate assessment fixed by the Carbon County Board of Assessment and Appeals, the petition for allowance of appeal shall have attached to it a photocopy of the appealed from order of the said board and a proposed preliminary decree which shall provide:

   (A)  The appeal is allowed.

   (B)  Within 5 days from the date of the preliminary decree, appellant shall serve a copy of the petition and preliminary decree upon the said board, the governing body of the municipality, and the board of school directors of the school district in which the real estate is situate and upon the property owner, if he is not the appellant. Said service shall be made by either personal service or certified mail, with proof of service thereof to be filed at the Carbon County Prothonotary's Office.

   (C)  The taxing authorities aforesaid and the property owner, if he is not the appellant, be and are hereby entitled to intervene as parties appellee; and

   (D)  The Carbon County Board of Assessment and Appeals is directed to certify to the Court all evidence including photos, maps, appraisals, submitted below to become part of the Court record.

   2.  Within forty-five (45) days after required service of the petition and preliminary decree, all parties of record shall file pre-hearing statements and serve a copy on all other parties of record. The pre-hearing statement shall include:

   A.  A summary of the facts which will be offered by oral and documentary evidence at the hearing;

   B.  A list of exhibits to be offered;

   C.  A list of the names and addresses of all witnesses to be called;

   D.  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;

   E.  A statement of the current valuation which is the basis for the appeal;

   F.  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;

   G.  A statement that there have been negotiations between the parties and a good faith attempt to settle the case; and

   H.  The statement shall be signed by the parties or their counsel.

   3.  Upon docketing of all pre-hearing statements, a pre-hearing conference shall be scheduled. Notice pursuant to Pa.R.C.P. 440 shall be given by the Prothonotary's Office to all affected taxing authorities whether or not parties of record. 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.

   4.  At the pre-hearing conference, the parties of record shall consider:

   A.  Possible stipulations as to evidence and facts;

   B.  Simplification of the issue; and

   C.  Settlement.

   5.  Following the pre-hearing conference, the Court shall enter an appropriate order or schedule a hearing.

[Pa.B. Doc. No. 08-1583. Filed for public inspection August 29, 2008, 9:00 a.m.]