[34 Pa.B. 3110]
[Continued from previous Web Page] Rule 242. Surety
(a) No attorney, sheriff's deputy, or other person concerned in the execution of process, shall become surety in any case, except as granted in writing by special leave of the court.
(b) In all cases wherein the court is required to approve individual sureties, the application shall be accompanied by the affidavit of the surety, setting out the extent of his real and personal estates respectively, and the probable value of the same over and above all liens and indebtedness.
(c) Any surety company desiring to qualify as a surety shall file with the clerk of the orphans' court division a certificate of the insurance commissioner, as required by law, accompanied by a financial statement as of December 31 of the last preceding year. Any corporation whose home office is outside of the County of Chester shall also file a stipulation agreeing that service of process, in any proceeding arising out of its acting as surety or fiduciary pursuant to approval under this or preceding rule, may be made upon it by serving. Such process upon the clerk of the orphans' court division of Chester County, and that such service shall be the equivalent of actual service upon such corporation. To continue to offer itself as surety,` it shall file annually with the clerk of the orphans' court division on or before the first Monday of June of each year a similar certificate and statement, and failure to do so within such time shall bar it from acting until such certificate and statement shall have been filed. A surety company which shall have complied with the requirements of this rule shall be approved by the clerk of the orphans' court division, unless otherwise provided by law, subject to the right of exceptions and hearing thereon by the court.
Rule 249.1. Administration Conference of Civil Cases
A. The court shall conduct one or more administrative conferences in each case in which the judge is requested to do so by any party and may conduct administrative conferences in any matter at any time or times upon the judge's own motion.
B. At the administrative conference the court shall become acquainted with the salient facts and issues of the case, shall determine discovery and pretrial motion schedules and shall set dates for further conferences and trial.
C. No later than five (5) days in advance of the administrative conference, each party shall file with the assigned judge and immediately serve upon all other parties an administrative conference memorandum which shall set forth the following:
(1) A brief statement of the nature of the action; plaintiff shall set forth the claim and defendant(s) shall set forth the defenses.
(2) A statement of the salient facts of the case.
(3) A list of all monetary damages claimed, including lost earnings, loss of future earning capacity, medical expenses (itemized), etc. and a specification of any relief other than monetary damages being sought.
(4) Special comments regarding legal issues or other appropriate matters including specifically setting forth any unique or unusual aspect of the case.
(5) A brief statement of the status of all discovery, including a proposed schedule for the completion of discovery, the status of all outstanding pretrial motions and petitions and any further pretrial motions or petitions contemplated and a statement of any other pretrial matters requiring resolution prior to the case being, ready for trial. Each Party shall submit a proposed pretrial order governing all of the matters set forth in this subparagraph.
(6) An estimate of the number of days required for trial.
Rule 249.2. Matters Inactive for Two Years or More [Deleted]
COMMENT: See Pa.R.C.P. No. 230.2
Rule 249.3. Trial Readiness
(a) A category A matter shall be presumptively deemed ready for trial twelve (12) months from the date of the initiation of the suit, which is the earliest date on which the case may be tried for purposes of Pa.R.C.P. No. 212.1(a). A category C matter (compulsory arbitrations) in which there has been an appeal from the award of arbitrators shall be presumptively deemed ready for trial two (2) months from the date of the filing of the appeal. Such matters shall immediately thereafter be placed on the trial list of the judge to whom the case is assigned, unless prior thereto an order has been entered deferring the placement on the trial list until a later date. Such order may be entered by the court on its own motion or pursuant to the procedures set forth in paragraph (b) below.
(b) To obtain relief from the initial automatic trial listing pursuant to paragraph (a), above and, thereafter, from any deferred trial listing, a party must file a request for an administrative conference to be held in accordance with Rule 249.1. The first request for administrative conference must be filed no later than eleven (11) months after the date of initiation of suit, except in category C matters. In category C matters, the first request for an administrative conference must be filed no later than ten (10) days after the filing of the appeal from the award of arbitrators. All subsequent requests for administrative conferences must be filed not less than thirty (30) days prior to the trial listing date. The request for an administrative conference must specify that deferment of trial listing will be requested at the conference. The request for administrative conference shall be filed of record and a copy thereof served upon counsel of record for each other party to the action, each unrepresented party, if any, the Court Administrator, and the assigned judge.
(c) At any time prior to placement of a case on the trial list pursuant to the procedures set forth above, the court, either on its own motion or upon agreement of the parties or upon application of any party, may determine that any matter is ready for trial, in which event the court shall file a trial readiness order and the court administrator shall then notify all parties that the case has been placed on the trial list.
(d) Category C matters shall be governed by C.C.R.C.P. No. 1301.1 et seq., unless and until an appeal from the award of arbitrators has been filed. Following the filing of such appeal, the rules set forth above shall apply.
Rule 1003.1. Waiver of Rules. Extension of Time
A. The time for filing briefs and answers to petitions, motions and preliminary objections may be extended by agreement of the parties and with the approval of the court, provided written notice of the agreement for extension has been filed with the prothonotary.
B. Written notice under A above shall be substantially in the following form:
[CAPTION]
AGREEMENT TO EXTEND TIMETo the Prothonotary:
This is to certify that the time for filing (title of petition, motion or brief) has been extended to (new date for filing) by agreement of all counsel and unrepresented parties.
_________________
Attorney's NameAddress ______
______
I.D. number ______
Telephone number ______
APPROVED:
__________
J.
Rule 1007.1A. Jury Trial. Number of Jurors. Demand. Waiver
A demand for jury trial shall be deemed a demand for a trial by a jury of six (6) members unless any party expressly demands a trial by twelve (12) members. Timing of the filing of the demand for jury trial and withdrawal of same shall be as set forth in Pa.R.C.P. No. 1007.1.
Rule 1012.1. Entry of Appearance; Withdrawal of Appearance
Every initial pleading, or other initial filing, by a party with the prothonotary shall be accompanied by a praecipe for entry of appearance which shall include the attorney's or unrepresented party's name, complete address, telephone number, and attorney identification number (if applicable). In like manner, when counsel is withdrawing from an action in accord with Pa. R. C. P. No. 1012(b), counsel shall file a praecipe for withdrawal of appearance.
COMMENT: The written entry of appearance will aid in giving proper notice to all counsel of record of orders, hearings and other pending matters.
Rule 1018.1.A. Notice to Defend - Office to be Contacted
(a) The office to be contacted for legal help to be included in the form of Notice to Defend required by Pa.R.C.P. 1018.1(b) is:
Lawyer Referral and Information Service
Chester County Bar Association
15 West Gay Street
West Chester, PA 19380
(610) 429-1500Rule 1025.1. Endorsements
The initial pleading or appearance on behalf of a party represented by a firm or partnership or association of attorneys shall indicate clearly to the prothonotary the name, address, telephone number, and attorney identification number of the particular attorney who is supervising the conduct of the case.
Rule 1028(c). Preliminary Objections
(1) Except for preliminary objections subject to subparagraph (2) below, a brief and praecipe for determination in the form described in C.C.R.C.P. 206.6 must be filed by the objecting party within twenty (20) days of the filing of the preliminary objections. Responsive briefs shall be filed within twenty (20) days of the filing of the praecipe for determination. The assigned judge may, at his or her discretion, extend the time for filing briefs. If the party filing the preliminary objections has failed to file a praecipe for determination within twenty (20) days of the filing of the preliminary objections, any other party may file a praecipe for determination to bring the objections before the court, in which event no brief shall be required to be filed with the praecipe. If the objecting party fails to file a brief as aforesaid, the court may dismiss the preliminary objection as abandoned. If the objecting party does file a brief, all other parties may file briefs within twenty (20) days thereafter.
(2) Where the preliminary objections properly assert facts not otherwise of record and the preliminary objections have been endorsed with a notice to plead, no praecipe for determination nor brief shall be required until the matter is ready to be submitted to the court, either upon the basis of the preliminary objections alone, if no answer has been field, or upon the basis of the preliminary objections and answers thereto, or after a record has been developed pursuant to Pa.R.C.P. 1028(c)(2). If an answer is filed and any party wishes to develop a record on any disputed issues of material fact, depositions shall be completed within forty-five (45) days of the date of service of the answer to the preliminary objection. The time limit for the taking of the depositions may be shortened or extended by agreement of the parties or by the Court.
Rule 1034(a). Motions for Judgment on the Pleadings
Motions for judgment on the pleadings shall be scheduled, argued and decided in accordance with C.C.R.C.P. 208.3(a)(4), 208.3(a)(5), 208.3 (b), 210 and 211.1.
NOTE: The aforesaid rules provide as follows:
208.3(a)(4)
Generally, a supporting brief, in accordance with C.C.R.C.P. 210, and praecipe for determination in the form described in C.C.R.C.P. 206.6 must be filed by the moving party with the motion and proposed order. No brief is necessary for the following motions:
(i) motion for sanctions and/or to compel in discovery matters where the only relief sought is to compel answers to interrogatories, to compel a response to a request for production of documents or things, to compel a party to appear for his or her deposition, physical examination or mental examination, or to permit entry upon land for inspection, where the motion is based upon the failure of the other party or parties to have responded to the discovery or other request and the motion is believed to be uncontested, but if the party from whom discovery, examination or inspection, etc. is sought or any other party to the action has objected to the requested discovery, examination, inspection, etc. and/or the moving party believes the motion to be contested, then briefs, in accordance with C.C.R.C.P. 210, shall be submitted as set forth above;
(ii) any motion supported by a stipulation of counsel.
208.3(a)(5)
If the movant has failed to file a praecipe for determination, any non-moving party may file a praecipe for determination to bring the motion before the Court; if the movant has not filed a brief the non-moving party shall not be required to file one, and the court may consider the movant to have abandoned his or her position.
COMMENT: See C.C.R.C.P. 1035.2(a) and Pa. R.C.P. 1035.1 et seq. with regard to motions for summary judgment.
208.3(b)
All other parties shall file their responses, if any, to the motion and their briefs, in accordance with C.C.R.C.P.210, within twenty (20) days of the filing of the motion, except with respect to motions for summary judgment, to which responses and briefs must be filed within thirty (30) days after service of the motion. The assigned judge may, in his or her discretion, extend the time for filing of briefs or waive the requirement. The court may treat a motion as uncontested if no response is filed. Upon the filing of a praecipe for determination, as described in Rule 206.6, the matter will be referred to the court for disposition.
210
All briefs or legal memoranda shall contain the following matter under the following headings:
1) History of the Case: A brief, informal statement of the facts material to the matter under consideration.
2) Question Presented: Refer to the motion, petition, or preliminary objection that is before the court for decision.
3) Legal Argument: The section must contain citations to the case law, rule or statute relied on.
4) Conclusion: Specify the type of relief requested.
211.1
A. Cases in which any party has sought or the court has ordered oral argument shall be scheduled for argument by the court or by the court administrator. Requests for argument before a court en banc shall be presented initially to the assigned judge.
B. The court may at any time schedule oral argument or conduct an evidentiary hearing on any matter pending before it.
C. Any party may request oral argument by filing with the brief a separate ''Request for Oral Argument'' which shall include the following:
1. The judge to whom the matter is assigned.
2. The specific matter (Petition/Motion/Preliminary Objections, etc.) as to which oral argument is requested.
3. A concise statement setting forth why oral argument is necessary.
4. The date upon which the Praecipe for Determination was filed.
Rule 1035.2(a) Motion for Summary Judgment--Procedures for Disposition
Motions for Summary Judgment shall be scheduled, argued and decided as set forth in C.C.R.C.P. 208.3(a)(4), 208.3(a)(5), 208.3(b), 210 and 211.1
NOTE: The aforesaid rules provide as follows:
208.3(a)(4)
Generally, a supporting brief, in accordance with C.C.R.C.P. 210, and praecipe for determination in the form described in C.C.R.C.P. 206.6 must be filed by the moving party with the motion and proposed order. No brief is necessary for the following motions:
(i) motion for sanctions and/or to compel in discovery matters where the only relief sought is to compel answers to interrogatories, to compel a response to a request for production of documents or things, to compel a party to appear for his or her deposition, physical examination or mental examination, or to permit entry upon land for inspection, where the motion is based upon the failure of the other party or parties to have responded to the discovery or other request and the motion is believed to be uncontested, but if the party from whom discovery, examination or inspection, etc. is sought or any other party to the action has objected to the requested discovery, examination, inspection, etc. and/or the moving party believes the motion to be contested, then briefs, in accordance with C.C.R.C.P. 210, shall be submitted as set forth above;
(ii) any motion supported by a stipulation of counsel.
208.3(a)(5)
If the movant has failed to file a praecipe for determination, any non-moving party may file a praecipe for determination to bring the motion before the Court; if the movant has not filed a brief the non-moving party shall not be required to file one, and the court may consider the movant to have abandoned his or her position.
COMMENT: See C.C.R.C.P. 1035.2 (a) and Pa. R.C.P. 1035.1 et seq. with regard to motions for summary judgment.
208.3(b)
All other parties shall file their responses, if any, to the motion and their briefs, in accordance with C.C.R.C.P.210, within twenty (20) days of the filing of the motion, except with respect to motions for summary judgment, to which responses and briefs must be filed within thirty (30) days after service of the motion. The assigned judge may, in his or her discretion, extend the time for filing of briefs or waive the requirement. The court may treat a motion as uncontested if no response is filed. Upon the filing of a praecipe for determination, as described in Rule 206.6, the matter will be referred to the court for disposition.
210
All briefs or legal memoranda shall contain the following matter under the following headings:
1) History of the Case: A brief, informal statement of the facts material to the matter under consideration.
2) Question Presented: Refer to the motion, petition, or preliminary objection that is before the court for decision.
3) Legal Argument: The section must contain citations to the case law, rule or statute relied on.
4) Conclusion: Specify the type of relief requested.
211.1
A. Cases in which any party has sought or the court has ordered oral argument shall be scheduled for argument by the court or by the court administrator. Requests for argument before a court en banc shall be presented initially to the assigned judge.
B. The court may at any time schedule oral argument or conduct an evidentiary hearing on any matter pending before it.
C. Any party may request oral argument by filing with the brief a separate ''Request for Oral Argument'' which shall include the following:
1. The judge to whom the matter is assigned.
2. The specific matter (Petition/Motion/Preliminary Objections, etc.) as to which oral argument is requested.
3. A concise statement setting forth why oral argument is necessary.
4. The date upon which the Praecipe for Determination was filed.
Rule 1301.1. Cases for Submission to Arbitration
(a) All civil cases at law which are now or hereafter at issue wherein the amount in controversy in each cause of action, i.e., the amount claimed in each count, stated therein, exclusive of interest and costs, does not exceed fifty thousand ($50,000.00) dollars, and which do not involve title to real property, shall be submitted to, heard, and decided by a board of arbitrators consisting of three (3) attorneys admitted to practice before the Supreme Court of Pennsylvania and actively engaged in the practice of law primarily in Chester County.
(b) The court administrator may in his or her discretion consolidate cases for hearing when all the cases are subject to the provisions of the arbitration rules and when they involve common questions of fact. The court administrator shall by letter notify all counsel and unrepresented parties of any consolidation.
(c) If the judge who has been assigned a Category A matter shall determine that the case is properly one which should be handled as an arbitration under Category C, the assigned judge shall order the case to be placed in Category C, and the case shall thenceforth be treated as though it had been so classified as an arbitration case in the first instance. The court administrator shall schedule such remanded arbitration cases for hearing as soon as practicable unless otherwise ordered by the assigned judge.
Rule 1302.1. Administration
(a) Proceedings under the arbitration rules of this court shall be administered by the office of the court administrator of this court.
(b) The court administrator shall have the power to prescribe forms and to interpret these rules, subject to review by the court at the request of a party.
(c) Every attorney admitted to practice before the Supreme Court of Pennsylvania and actively engaged in the practice of law primarily in Chester County shall file with the office of the court administrator appropriate information indicating whether or not he or she is practicing alone, is a member of a firm, or is associated in some way with one or more other lawyers (either in private practice or as an employee of some public office such as the district attorney's office, public defender's office, legal aid, etc.). Any change in his status in this regard shall immediately be reported to the office of the court administrator. Boards of arbitration shall be appointed from the list of members of the bar who have filed such information.
(d) The chair of the board of arbitrators shall be appointed by the court administrator and shall be responsible for the preparation and filing of the board's report and award.
(e) The court administrator shall have the authority to obtain and deliver to the board of arbitrators all papers of record and shall be responsible for the return thereof to the Prothonotary when not in necessary custody of the board. The court administrator shall maintain such records as are necessary for the proper administration of the arbitration system, and shall give the arbitrators such assistance as may be necessary to expedite the arbitration process.
(f) The date, time and place of the arbitration hearing shall be assigned by the Prothonotary at the time a Category C action is commenced. The court administrator shall provide the Prothonotary with the next reasonably available date for an arbitration hearing, and the Prothonotary shall then mark that date upon the cover sheet when a Category C action is commenced. The notice of the date, time and place of arbitration hearing on the cover sheet shall include the following statement:
This 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.''COMMENT: It is anticipated that a hearing will be scheduled no less than six (6) months following the initiation of suit. The court administrator will be required to adjust the interval, between filing and hearing dated, depending upon the availability of hearing rooms, the volume of cases to be tried, and the number of panels to be assigned.
(g) Any party may for good cause object to the matter being submitted to arbitration by notifying the court administrator in writing with notice to all other parties. The court administrator shall initially make a determination as to the validity of any such objection. Any party dissatisfied with the determination of the court administrator shall have the right to have the matter determined by the assigned judge.
(h) All hearings shall be held in the Courthouse at West Chester, unless the arbitrators and all parties agree otherwise.
(i) It shall be the professional obligation of all members of the bar to serve on boards of arbitration, unless absent or excused for good cause and compelling reason. If an arbitrator fails to appear, or appears late at the scheduled arbitration hearing without compelling reasons, his name shall be stricken from the arbitration list, and he will be so notified by the court administrator. He may be reinstated by application to the court, upon cause shown.
(j) The president judge may strike from the list of eligible arbitrators the name of any attorney who has consistently demonstrated an inability to serve in a proper manner.
Rule 1302.2. Chair of Arbitration Boards
(a) Unless otherwise agreed by the parties, the arbitration board shall be chaired by a member of the bar who has:
(1) been admitted to the practice of law for at least ten (10) years;
(2) been the principal attorney in at least ten (10) litigation cases filed in a Court of record; and
(3) participated in at least five (5) trials or evidentiary hearings within the last five (5) years.
(b) A list of available arbitrators who are qualified to serve as chair of arbitration boards shall be maintained by the Court Administrator.
(c) A member of the bar who seeks to serve as chair of arbitration boards shall submit to the Court Administrator a certificate of eligibility on a form prescribed by the Court Administrator. Upon receipt of a fully completed certificate, the Court Administrator shall add the name of the person submitting the certificate to the list of those eligible to serve as chair of an arbitration board.
Rule 1303.1. Hearings
(a) The board of arbitrators shall have the powers conferred upon them by law, including, but not limited to the following:
(1) To permit the amendment of any pleading. Except for good cause shown, such an amendment must be filed in writing.
COMMENTS: (1) See Pa.R.C.P. No. 1304 for the power of arbitrators to act when a party fails to appear. (2) See Pa.R.C.P. No. 218 for the power of arbitrators when a party is not ready for trial.
Rule 1303.2. Pre-Arbitration Memorandum
(a) At least seven (7) days before the date of the arbitration hearing, all parties shall file with the Prothonotary, in triplicate, a memorandum in the form provided and shall immediately serve a copy on each party. This memorandum shall set forth the following:
(1) A brief statement of the salient facts of the claim or defense.
(2) A statement of the legal basis of the claim or defense.
(3) A list of all special damages claimed, such as lost earnings, loss of future earning capacity, medical expense (itemized), property damages.
(4) A list of the names and addresses of all witnesses whom that party intends to call at arbitration.
(5) A list of all exhibits to be offered by that party at arbitration. All exhibits shall be numbered prior to the arbitration.
(6) An estimate of time necessary to present your claim or defense.
(7) Special comments regarding legal issues.
(8) A certification that the attorney has, on behalf of his/her client, made a reasonable effort to stipulate or agree to all undisputed issues of fact or law which would expedite the arbitration of this matter.
(b) It is expected that the memorandum will not exceed two pages, except in unusual cases.
(c) Except in extraordinary circumstances as determined by the arbitrators, a party will not be allowed to call a witness at the arbitration hearing who is not listed in a timely-filed pre-arbitration memorandum.
(d) Except in extraordinary circumstances as determined by the arbitrators, a party will not be allowed to offer an exhibit at the arbitration hearing that is not listed in a timely-filed pre-arbitration memorandum.
Rule 1306.2. Award, Where There Is Comparative Negligence or Apportionment Among Joint Tortfeasors
Where it is determined by the board of arbitrators that the Comparative Negligence Act of 1976 (42 Pa.C.S. § 7102) applies to a negligence action, the award of the board of arbitrators shall state:
(1) the percentage of the causal negligence attributable to each of the parties;
(2) the amount of damages, if any, sustained by the plaintiff and any counterclaimant without reduction by the percentage of that party's causal negligence, and
(3) the amount determined by the board to be awarded the plaintiff or counterclaimant after reduction of the damages by the proportion or percentage of that party's causal contributory negligence.
COMMENT: A verdict form which will assist the panel of arbitrators in allocating causal negligence and calculating an award of damages under the Comparative Negligence Act shall be available from the court administrator's office.
Rule 1308.1. Compensation of Arbitrators
The chairman and other arbitrators shall receive compensation paid by the County as determined by the court for each case in which the arbitrator shall have signed a report and award or dissent there from.
Rule 1568.1. Public sale
Except as otherwise provided by act of assembly or special order of court, notice of the time and place of the sale of a property at public auction by a master in partition shall be given by publication once a week for three successive weeks immediately preceding such sale in the Chester County Law Reporter, and in one daily newspaper of general circulation within the county.
Family Court Rules
C.C.R.C.P. NOS. 1901.2.A to 1940.12.A Inclusive Deliberately Omitted
Rule 2232.1. Notice of Pendency of Action
Notice required by Pa.R.C.P. No. 2232(a) shall consist of a copy of the complaint and a statement that the person to whom it is addressed is required to join therein within twenty (20) days after receipt of such notice; or his cause of action will be barred and the action will proceed without him.
Proof of service shall be by affidavit accompanied with a copy of the notice and the return receipt filed with the Prothonotary.
Rule 3123.1.A. Exemption. Sheriff's Appraisement.
The sheriff shall give all parties at least forty-eight (48) hours' notice of the time and place when he will make an appraisement of the property which the defendant claims the right to retain as the exemption allowed him by law. The parties and their attorneys shall have the right to be present when the appraisement is made.
Rule 4007.1.A. Place of Depositions
In the absence of an agreement of the parties pursuant to Pa.R.C.P. No. 4002, or an order of the court upon cause shown, depositions in all cases shall be held in Chester County.
Rule 4007.1.B. Problems Arising During Depositions
In the event that a problem arises during the course of a deposition, which would result in the premature termination of the deposition and the subsequent filing of motions to compel answers to the questions involved, the assigned judge shall rule upon the issues on the day they have arisen. If the assigned judge is not available on that day, the court administrator shall refer the matter to the emergency judge for consideration and disposition that day. At the discretion of the judge, the consultation may be by telephone.
COMMENT: See Rule 206.1 A. (1) for certification required with discovery motions and petitions.
Rule 5000. Rent Escrow Payments In Lieu Of Bond In Landlord Tenant Appeals From District Justice Decisions.
(a) Where a tenant in possession of residential real property appeals from a judgment for the possession of the real property entered by a district justice as required by Pa.R.C.P.D.J. No. 1008(B) a supersedeas shall operate if such tenant:
(1) at the time of filing the appeal, files with the prothonotary a verified statement of his intentions of depositing monthly rental payments required by the lease which will become due during the pendency of the court of common pleas proceedings listing the amount of rental payments to become due per month and the dates when said payments are due, a copy of which shall be served upon the appellee by certified mail within five (5) days; and
(2) deposits with the prothonotary the rental payments for the current month (if not already paid) and the subsequent rental payments as they become due according to tie said verified statement.
(b) Upon motion and order and certification of two days notice to tenant or his counsel by the landlord, accompanied by a copy of the escrow account from- the prothonotary's office, the court may terminate the supersedeas if a monthly rental payment was not deposited in escrow within five (5) days after the date the rental payment became due.,
(c) No withdrawals shall be permitted from any such escrow account except upon court order.
Rule 5001. Writs of Certiorari From Actions Before District Justices
(a) Within thirty (30) days of filing a praecipe for writ of certiorari under the provisions of Pa.R.C.P.D.J. No. 1009 the appellant shall file a praecipe for determination and a brief in support of issuance of the writ and appellee shall have fifteen (15) days to file a reply brief. The court, in its discretion, may extend the time for filing of briefs.
(b) If appellant fails to file a brief and praecipe for determination within the time set forth in subsection (a), or within the time extended by the court, then appellee may, without filing a brief; file a Praecipe for Determination and the court may consider appellant to have abandoned his position.
COMMENT: See C.C.R.C.P. 206.6 for form of praecipe for determination.
Rule 5002. Zoning and Local Agency Appeals
(a) This rule shall apply to all zoning and land use appeals filed under and pursuant to the Pennsylvania Municipalities Planning Code and to any appeal from any decision or determination of any political subdivision or municipal or other local authority, or any officer or agency of any such political subdivision. or local authority. All such local bodies are referred to herein as the ''Local Agency''.
(b) Upon the filing of any appeal requiring the Local Agency to certify and return to the Court the record made before it in the matter under appeal, the Prothonotary or Clerk shall forthwith, as of course, send to the Local Agency whose decision or action has been appealed, by registered or certified mail, a copy of the Notice of Appeal, together with a Writ of Certiorari commanding the said Local Agency, within twenty (20) days after receipt thereof, to certify to the Court its entire record in the matter in which the appeal has been taken, or a true and complete copy thereof, including any transcript of testimony available to the Local Agency at the time it receives the Writ of Certiorari.
(c) Notice of appeal shall be given as follows:
(i) In the case of Zoning and Land Use Appeals, if the appellant is a person other than the landowner of the land directly involved in the decision or action appealed from, the appellant, within seven (7) days after the appeal is filed, shall serve a true copy of the Notice of Appeal by mailing the said Notice to the landowner or his attorney at his last known address. For identification of such landowner, the appellant may rely upon the record of the Local Agency and, in the event of good faith mistakes as to such identity, may make such service nunc pro tunc by leave of Court.
(ii) In all appeals, within seven (7) days of the filing of an appeal, if the Local Agency is not a party appellant or appellee, the appellant shall notify the Local Agency, in writing, of the date of fling such appeal and shall attach to such notice a copy of the Notice of Appeal, as fled.
(d) The record submitted to the Court by the Local Agency in compliance with the Writ of Certiorari shall include (1) the proof of publication; (2) a complete copy of the ordinance, map and/or regulation under which the determination of the Local Agency was made, certified by counsel for the Local Agency or other Local Agency official to be the ordinance, map or regulation in effect when the decision was rendered or action taken which is the subject of the appeal; (3) the transcript of the proceedings before the Local Agency; and (4) all exhibits. The record shall be accompanied by a document entitled ''Return of the Record'', which shall list the contents of the record. Within five (5) days of the filing of the record with the Prothonotary, the attorney for the Local Agency or an official thereof shall give written notice to the appellant and intervenor, if any, or their attorneys of record of the date of such filing, and shall serve therewith a true copy of the Return of Record.
(e) Whenever an appeal is taken from a Local Agency decision or determination and the record is returned by the Court to the Local Agency for further proceedings, and a subsequent appeal is taken in the same case, the number of the original appeal shall be set forth in the notice of the subsequent appeal filed with the Prothonotary or Clerk, who shall docket and file the subsequent appeal under the number of the original appeal.
(f) Within thirty-one (31) days of the filing of the returned record, the appellant shall file a supporting Brief and a Praecipe for Determination. Appellee and any intervenors shall have thirty (30) days from the receipt of the appellant's Brief to file a reply Brief. The assigned Judge, in his discretion, may extend the time for filing of Briefs.
COMMENTS: See C.C.R.C.P. 206.6 for the form of Praecipe for determination.
(g) if the appellant fails to file his Brief within the time prescribed by these rules, or within the time as extended, the appellee or intervenor may move for dismissal of the matter. Such motion shall be served in accordance with these rules upon the appellant, who may file and Answer thereto, and the motion shall be thereafter determined by the Court as it deems just and proper. If an appellee or intervenor fails to file his brief within the time prescribed by these rules, or within the time as extended, the Court may consider such appellee or intervenor to have abandoned his position, and will proceed to dispose of the appeal on the merits.
Rule 5003. Appeals from Real Estate Assessment
The following rules shall apply to all appeals from a real estate assessment determined by the Board of Assessment Appeals ''Board'' of Chester County. These rules apply to all appeals taken following their effective date, and may be applied as appropriate to current appeals ninety (90) days after their effective date.
Definitions:
Board--the Chester County Board of Assessment Appeals.
Taxing Authority--municipalities, such as school districts, boroughs, townships and the County of Chester.
Party--appellant, the Board, and any other person or entity entitled to notice to shall enter an appearance.
Property Owner--the taxpayer, whether singular or plural, that owns the property which is the subject of an appeal.
Appraisal--an opinion of a qualified expert as the value of property.
Date of Notification--date which is stamped on the decision of the Board.
Commercial Property--any property whose purpose is to generate income for its owner.
Rule 5003(a). Filing Instructions:
1. An appeal from the decision of the Board shall be filed within thirty (30) days from the date of notification by the Board.
2. Ten (10) days after filing the appeal the appellant shall serve a copy of the appeal on the Board and all affected taxing authorities or property owners by certified mail to the Board, to the property owner at his, her, its, or their registered address as shown on the tax records, and on the taxing districts at their business address.
3. Within twenty (20) days of service of the appeal, the appellant shall file an affidavit of service.
4. For purposes of service or notice, an appellant or party may use the address provided to the Board as part of its proceedings.
5. The Board shall automatically be a party to an appeal unless it specifically declines that status in writing. Any taxing authority or property owner entitled to be notified of an appeal may become a party to the proceeding by filing an entry of appearance within one hundred twenty (120) days of the filing of the appeal. The entry of appearance shall be considered to deny the allegations in the appellant's petition, except for the names of the parties and the location of the taxable property. However, any party may plead additional material by way of answer or new matter, as appropriate, within thirty (30) days of becoming a party.
Rule 5003(b). Contents of Appeal
1. Names and addresses of the taxpayer and the taxing districts;
2. Identification of the property, including street address and tax parcel number.
3. Reason(s) for the appeal. For the purposes of this section, where a challenge is based on fair market value, it shall be sufficient to state that the assessment pursuant to the applicable State Tax Equalization Board, common level or predetermined ratio, is excessive. Where the challenge is based on uniformity, it shall be sufficient to state lack of uniformity as the basis for the appeal. Where a challenge is based on class certification for the purposes of a class action suit, the appellant shall state with specificity the alleged error of law or abuse of discretion committed by the Board of Assessment Appeals.
4. Photocopy of the decision of the Board, if any.
Rule 5003(c). Discovery Procedures
1. The appellant shall provide the Board and the other parties entitled to notice of the appeal with a copy of his, her, its, or their appraisal within sixty (60) days of filing the appeal. The other parties shall then have ninety (90) days from the receipt of the appellant's appraisal to provide the appellant with a counter-appraisal. Any party may designate an appraisal submitted to the Board as its appraisal for the purposes of appeal. Appraisals must certify that the appraiser's fee is not contingent upon the results of the appeal.
2. Any party who fails to provide an appraisal within the time frame provided by this rule or by leave of court or within such time as may be agreed to by the parties will not be allowed to present evidence of valuation at trial. This rule shall not preclude the Board from presenting County records in support of its valuation. Such records shall be admissible in evidence as official records in accordance with the requirements of the Judicial Code, 42 Pa.C.S.A. § 6103. Further, this rule shall not preclude a homeowner from presenting his own opinion as to his property's value.
3. In cases involving commercial properties, the taxpayer shall provide the following to all other parties within thirty (30) days of the filing of the appeal:
(A) Income and expense statements for three (3) years prior to the appeal year;
(B) A current rent roll, including a list of tenants, rental amounts, lease periods and a sample lease with any special terms or renewal options;
(C) The right to inspect the property at a reasonable time with notice.
4. The names of all witnesses to be called at trial by any party, other than rebuttal witnesses later determined, shall be provided to all other parties within one hundred fifty (150) days of the appeal date.
5. Additional discovery shall be by leave of court only.
6. The matter shall be scheduled for trial before the assigned judge after the lapse of one hundred fifty (150) days from the appeal date. Any party may request an administrative conference at any time up to one hundred twenty (120) days after the appeal date.
7. Masters may be appointed in cases involving a voluminous record or particularly complex issues.
8. Time periods may be extended for cause shown.
Rule 5003(d). Class Action Appeal
In all cases involving an appeal from class action certification, a full record shall be made before the Board of Assessment Appeals.
Rule 5003(e). Discontinuance
The party filing the appeal may discontinue the appeal prior to the time set for the first exchange of appraisals. Thereafter, the appeal may be discontinued only with the agreement of all parties, or by leave of court.
Rule 5003(f). Tax Exemption Cases
1. All appeals to court from a determination of the Board of Tax Assessment Appeals involving a claimed exemption from real estate tax shall be accompanied by the full and complete transcript of the hearing before the Board, together with all documentary evidence entered as part of that record and the Board's Findings of Fact and Conclusions of Law in support of its decision.
2. In any appeal to the Board or to court involving a claimed exemption from real estate taxation, the property owner claiming tax exemption shall be subject to such relevant discovery by written interrogatories, deposition and production of documentary evidence as reasonably bears on the property owner's claim of tax exemption. Discovery shall be requested and completed within one hundred twenty (120) days from the requesting party's receipt of notice of the initial application to the Board. Except in cases where such discovery requests has not been complied with prior to the Board's hearing, no additional discovery shall be permitted on appeal to court from the Board's decision, except by leave of court.
COMMENT: This rule specifically does not require simultaneous exchange of information; instead the entity filing an appeal should bear the initial expense and burden of producing an appraisal. This rule should then conserve resources by giving the respondent the opportunity to accept the appellant's appraisal as satisfactory before ordering his or its own appraisal.
Rule 5004. Appeals filed with the Clerk Of Courts
When an appeal to the Court of Common Pleas is filed with the clerk of courts, a party must file either a praecipe for determination or, if an evidentiary hearing is required, a praecipe for hearing to move the matter before the court. The appropriate praecipe should be addressed to, and served upon the court administrator.
COMMENT: See C.C.R.C.P. 206.6 regarding praecipe for determination.
Rule 5005. Civil Rules Committee
A civil procedural rules committee shall be appointed within sixty (60) days of the effective date of these rules to study and make recommendations to the court concerning local procedure in civil matters and the promulgation and amendment of local rules of civil procedure. The committee shall be composed of a judge of this court and members in good standing of the Bar of the Supreme Court of Pennsylvania who maintain principal offices for the practice of law in Chester County, all of whom shall be appointed by the president judge. The chairman of the committee shall be a non-judicial member of the committee and shall be designated by the president judge. The committee shall meet as directed by the president judge, or by the chairman of the committee, but in no event less often than semi-annually.
Rule 5006. Effective Date and Repealer
These rules shall become effective thirty days after the date of publication of these rules in the Pennsylvania Bulletin, pursuant to Pa.R.C.P. No. 239. All previous local rules of civil procedure are hereby repealed as of the effective date of these rules, except the rules of the Family Court and of the Orphans' Court Division of the Court of Common Pleas of Chester County, which shall remain in full force and effect.
[Pa.B. Doc. No. 04-1059. Filed for public inspection June 18, 2004, 9:00 a.m.]
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