[36 Pa.B. 6633]
[Saturday, November 4, 2006]
[Continued from previous Web Page] Local Rule 302 Contents of Petition.
The petition for the issuance of the writ of habeas corpus shall contain allegations of fact as follows:
(1) The basis for the jurisdiction and venue of the Court shall be set forth, as well as the place of confinement or restraint. If the place of confinement or restraint is unknown, this shall be alleged.
(2) Facts must be alleged that show precisely the alleged illegal restraint and the identity of the person in whose custody the person is restrained.
(3) (a) Any prior or pending legal proceeding pertaining to the restraint shall be referred to specifically. Any basis or authority for the restraint shall be specifically set forth. If the basis or authority for the restraint is unknown, this shall be alleged.
(b) When the restraint is a result of a commitment by an issuing authority, a statement of the proceedings before the issuing authority shall be attached.
(4) The facts upon which the right to relief is based must be alleged and a succinct statement of the reasons why the restraint is unlawful shall be set forth without extended argument.
Local Rule 303 Procedure.
The procedure for issuance of a writ of habeas corpus shall be as follows:
(1) The petition shall be presented with an appropriate order. The order signed at the time application for relief is made may deny the requested relief, set a hearing date, grant a rule or grant any other appropriate relief.
(2) When the Court directs the release of a relator upon any conditions of bail pending hearing on the petition, the order shall contain the amount and type of bail and the office in which bail shall be posted.
(3) Upon the direction of the Court that a writ be issued, the order shall be filed with the Prothonotary, and a proper writ of habeas corpus shall be procured from the Prothonotary and served on the respondent as the Court may direct.
Note: It is expected that where the petitioner proceeds upon petition and rule that the order of Court granting the rule shall also provide a direction of notice to the appropriate parties.
Local Rule 440 Certificate of Service.
(1) Copies of all legal papers other than original process that are required to be served on each party to the action pursuant to Pa.R.C.P. 440, shall include a Certificate of Service, which sets forth the date and manner of service.
(2) The Certificate of Service shall set forth the name of an attorney of record for each of the parties that is represented by counsel and the address at which service was made.
Note: The mere statement ''Service upon all counsel of record'' is not acceptable.
(3) If any parties are not represented by counsel, the Certificate of Service shall identify the party as being unrepresented by using a ''pro se'' designation and shall set forth the address at which service was made.
(4) The address listed in the Certificate of Service may be an e-mail address or telephone number used for a facsimile transmission where service was made in this fashion provided that such service is authorized under the Pennsylvania Rules of Civil Procedure.
Local Rule 501 Election Day Overseers and Judges.
(1) Election Overseers. Applications for the appointment of election overseers shall be presented to the Court at least three days before any primary or election, and reasonable notice shall be given of the proposed appointment to other political parties.
(2) Judges on Election Days. In advance of each election day, the President Judge shall enter an administrative order designating which judges of the Court shall be available in the Assignment Room throughout the day to handle matters of an emergency nature relating to the election.
Note: See Local Rule 249(4) regarding Elections Judge for non-emergency matters relating to elections.
Local Rule 502 Appeals From Decisions of the Board of Property Assessment Appeals and Review.
(1) Tax assessment appeals from decisions of the Board of Property Assessment Appeals and Review shall be governed by Local Rule 503.
(2) Tax exemption appeals from decisions of the Board of Property Assessment Appeals and Review shall be governed by Local Rule 504.
Note: Under the former Local Rule 502, there was some confusion regarding whether Local Rule 502 applied both to tax assessment appeals and to tax exemption appeals from the Board of Property Assessment Appeals and Review. New Local Rules 503 and 504 have been adopted to address the different procedures that apply to tax assessment and tax exemption appeals. New Local Rule 502 incorporates Local Rules 503 and 504 and sets forth the procedures that apply when both a tax assessment appeal and a tax exemption appeal will be or have been filed with respect to the same subject property.
(3) When the Board of Property Assessment Appeals and Review has decided both the tax exempt status and the assessed value of the subject property, a party or parties may appeal both of these decisions to the Court of Common Pleas by filing two separate appeals. The tax assessment appeal shall refer to the separately filed tax exemption appeal and shall be governed by Local Rule 503. The tax exemption appeal shall refer to the separately filed tax assessment appeal and shall be governed by Local Rule 504. The tax assessment appeal shall be stayed until such time as the Court has entered a final order with respect to the tax exemption appeal.
Local Rule 503 Appeals From Real Estate Tax Assessment.
The following provisions shall govern all tax assessment appeals from decisions of the Board of Property Assessment Appeals and Review:
Note: Under the former Local Rule 502, there was some confusion regarding whether Local Rule 502 applied both to tax assessment appeals and to tax exemption appears from the Board of Property Assessment Appeals and Review. New Local Rule 503 applies only to tax assessment appeals. For procedure governing tax exemption appeals, see Local Rule 504.
(1) Parties.
(a) The following parties must be listed in the caption of the appeal:
(i) owner(s) of the real estate and/or taxable property;
(ii) the municipality in which the property is located;
(iii) the school district in which the property is located; and
(iv) the County of Allegheny.
(b) Any entity other than those set forth in subsection (1)(a) of this local rule must file a Petition to Intervene with the Real Estate Tax Appeals Judge in accordance with the Pennsylvania Rules of Civil Procedure to become a party.
(2) Caption.
(a) The party filing the appeal shall be designated as the appellant. All other parties shall be designated as appellees or interested parties.
(b) The caption and cover sheet shall clearly state whether the appeal involves commercial or residential property.
(3) Time For and Content of Appeals.
(a) An appeal from the decision of the Board of Property Assessment Appeals and Review must be verified pursuant to Pa.R.C.P. 206.3 and filed with the Prothonotary within thirty days of the date of mailing of the notice by the Board.
(b) An appeal shall be in substantially similar form as set forth in Petition for Assessment Appeal (FORM 503(3)) (see subsection (19)(a) below) and shall contain the following:
(i) names of the parties;
(ii) identification of the property by address, deed book volume and page, lot and block number and whether the property is residential or commercial;
(iii) a concise statement of the reasons for the appeal; and
(iv) a copy of the decision of the Board of Property Assessment Appeals and Review.
(c) No Order of Court is required to file a timely appeal.
(4) Notice.
Appellant shall give notice of the appeal by first class mail, postage prepaid, to all parties and the Board of Property Assessment Appeals and Review, within seven (7) days for the filing of the appeal and shall file proof of service thereof.
(5) Filing of Appeals.
The filing of an appeal by any party shall act as an appeal by all parties.
(6) Withdrawal of Appeals.
No appeal may be withdrawn without the consent of all other parties or leave of court. Any party who fails to appear at the conciliation without prior notice to the Board of Viewers shall be deemed to have consented to the withdrawal of the appeal.
(7) Motions.
All motions in real estate tax assessment appeals shall be presented to the Real Estate Tax Appeals Judge.
(8) Board of Viewers.
All tax assessment appeals from decisions of the Board of Property Assessment Appeals and Review shall be assigned to a Board of Viewers appointed by the Administrative Judge of the Civil Division pursuant to 72 P. S. § 5020-518.1.
(9) Discovery.
(a) In all cases involving non-residential property, the taxing bodies may serve a copy of Tax Assessment Appeal Discovery Requests, (FORM 503(9)) (see subsection (19)(b) below) hereto, on the taxpayer. The taxpayer shall furnish the information sought in the Discovery Requests within forty-five (45) days after receipt thereof.
(b) No party may seek additional discovery through Interrogatories, Request for Production of Documents or otherwise until discovery has been sought through the Tax Assessment Appeal Discovery Requests. Parties seeking additional discovery or any discovery in cases involving residential property must petition the Real Estate Tax Appeal Judge for discovery, who may refer the petition to the Administrative Chair of the Board of Viewers for recommendation.
(c) Any discovery disputes, including without limitation any Motion(s) for Protective Order or Motion(s) to Compel, shall be presented upon proper notice to the Real Estate Tax Appeal Judge.
(d) Discovery shall conclude sixty-five (65) days prior to the date scheduled for conciliation.
(10) Conciliation.
(a) All appeals shall be conciliated before a hearing by a panel of the Board of Viewers assigned thereto.
(b) At the time of conciliation, all parties or their counsel shall be present with full authority to effectuate a settlement of the appeal.
Note: Parties and counsel are advised to pay particular attention to the notice of conciliation. In appropriate cases, the conciliation and hearing may be scheduled on the same day. In such instances, the parties must appear at the conciliation ready to move directly into a hearing if the conciliation does not result in settlement.
(c) If any party fails to comply with the provisions of this local rule, the Board of Viewers may include in their report a recommendation for the imposition of appropriate sanctions, including but not limited to, attorneys' fees and costs against the party or parties failing to comply.
(11) Pre-Trial Statement in Non-Residential Tax Assessment Appeal.
(a) Sixty (60) days prior to the date scheduled for conciliation of a non-residential tax assessment appeal, the appellant shall distribute to all counsel of record, or if counsel have not entered an appearance on the party(ies), and to the panel of the Board of Viewers assigned to the case a pre-trial statement. The pre-trial statement shall incorporate the following information or documents:
(i) a description of the user of the real estate and the nature of the real estate;
(ii) a list of all persons who will give testimony in the trial of this appeal;
(iii) a list of all exhibits which the party intends to use at trial;
(iv) any report, including without limitation an expert report or appraisal, of any person or entity who has been retained, employed, or consulted by the parties, who will give testimony in the trial of this appeal.
Note: Former Local Rule 502 required only the owner of non-residential property to file a conciliation statement. Local Rule 503 has been redrafted to require, in an appeal of non-residential property, both the taxpayer and the taxing bodies to file pre-trial statements. In conjunction with the change from a ''conciliation'' statement to a ''pre-trial'' statement, new Local Rule 503 shifts the focus of the parties' anticipated evidence at trial and eliminates the need to list information that will not be part of the party's case at trial. Local Rule 503 also requires parties to include in the pre-trial statement any expert reports and/or appraisals. By its terms, section (11) does not apply to residential tax assessment appeals.
(b) Twenty (20) days prior to the date scheduled for conciliation of a non-residential tax assessment appeal, the appellee(s) shall distribute to all counsel of record, or if counsel have not entered an appearance on the party(ies), and to the panel of the Board of Viewers assigned to the case a pre-trial statement. The pre-trial statement shall incorporate the following information or documents:
(i) a description of the use of the real estate and the nature of the real estate;
(ii) a list of all persons who will give testimony in the trial of this appeal;
(iii) a list of all exhibits which the party intends to use at trial;
(iv) any report, including without limitation an expert report or appraisal, of any person or entity who has been retained, employed, or consulted by the parties, who will give testimony in the trial of this appeal.
(c) All interested parties whose interests are aligned with the appellant shall distribute their Pre-Trial Statement in accordance with subsection (11)(a) of this local rule. All interested parties whose interests are aligned with the appellee(s) shall distribute their Pre-Trial Statement in accordance with subsection (11)(b) of this local rule.
(d) The failure to comply with subsections (11)(a), (11)(b) and (11)(c) of this local rule shall result in appropriate relief, which may include the exclusion or limitation at trial of testimony or evidence which was not provided in the pre-trial statement or a recommendation for the imposition of attorneys' fees and costs against the party or parties failing to comply.
(12) Hearing.
(a) The Board of Viewers shall schedule a hearing and shall provide notice of the hearing to all parties and/or counsel of record.
Note: Parties and counsel are advised to pay particular attention to the notice of hearing. In appropriate cases, the conciliation and hearing may be scheduled on the same day. In such instances, the parties must appear at the conciliation ready to move directly into a hearing if the conciliation does not result in settlement.
(b) The hearing shall be recorded by a court reporter.
(c) The Board of Viewers, at its discretion, may continue the hearing.
(13) Report.
Following the hearing, the Board of Viewers shall file its written Report and Recommendation with the Court. The Court, after review, may accept the Report by filing an Interim Order, or reject the Report and remand for further proceedings.
(14) Objections.
If the Court accepts the Board of Viewers' Report and Recommendation, the parties may file objections to the Report and Recommendation within ten (10) days of receipt of the Court's Interim Order. Objections must be accompanied by a certification of counsel that the trial transcript, or necessary portions thereof, have been ordered from the court reporter. Copies of the objections and certification shall be served on all counsel of record or if counsel have not entered their appearance on the party(ies), the Board of Viewers and the Court.
(15) Briefs on Objections.
Within twenty (20) days of the date on which the transcript is filed of record, the moving party shall file a Brief in Support of Objections and shall serve a copy on all counsel of record or if counsel have not entered their appearance on the party(ies) and the court. The Brief in Support of Objections shall refer to transcript page numbers where possible. The moving party's failure to file a Brief in Support of Objections shall constitute a waiver of all issues which could have been raised therein.
(16) Opposing Briefs.
Within twenty (20) days after the moving party has filed its Brief in Support of Objections, responding parties shall file their Briefs in Opposition to Objections and serve a copy on all counsel of record or if counsel have not entered their appearance on the party(ies), and the Court.
(17) Oral Argument.
After the date set for Briefs in Opposition to Objections has passed, the moving party shall notify the Court that the matter is ripe for argument by filing a Notice That Matter is Ripe for Oral Argument (FORM 503(17)) (see subsection (19)(c) (below). The moving party shall serve a copy of this Notice on all counsel of record or if counsel have not entered their appearance on the party(ies). Upon the filing of this Notice, the Court shall schedule oral argument.
(18) Final Order.
In the event that none of the parties file Objections as described above, the Report and Recommendation shall become the final Order of Court.
(19) Forms
(a)
FORM 503(3) Petition for Assessment Appeal
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
(Name), CIVIL DIVISION Appellant,
No. BV ____ v.
(Name or Names), COMMERCIAL/ RESIDENTIAL (choose one) Appellees.
REAL ESTATE INVOLVED INTERESTED PARTIES (if applicable): (Names)
PETITION FOR ASSESSMENT APPEAL FROM ADJUDICATION OF THE BOARD OF PROPERTY ASSESSMENT APPEALS AND REVIEW AND NOW, comes (name) and files the within Petition for Assessment Appeal from Adjudication of the Board of Property Assessment Appeals and Review, and in support thereof states as follows:
1. Appellant is the owner of commercial/residential real estate and/or taxable property known as (name of business and address) (the ''Property''). The Property is recorded at (deed book volume and page) and has been assigned lot and block number (fill in).
2. The County of Allegheny, the (town) and the (school district) are the taxing bodies interested in the taxable status of the Property.
3.--6. (see below)
or
1. Appellant is a political subdivision of the Commonwealth of Pennsylvania and is a taxing body having a cognizable interest in the taxable status of the property which is the subject of this appeal. (Other taxing bodies) also have a cognizable interest in the taxable status of the property which is the subject of this appeal.
2. (Name) is the owner of the commercial/residential real estate and/or taxable property which is the subject of this appeal (the ''Property''). The Property is located at (address). The Property is recorded at (deed book volume and page) and has been assigned lot and block number (fill in).
3. The Board of Property Assessment Appeals and Review of Allegheny County (the ''Board'') is authorized to assess and value real property for the purpose of taxation and to hear appeals from these assessments by aggrieved parties.
4. The Board made an assessment of the Property. (Name) appealed from this assessment to the Board asking that the assessment be reduced/raised.
5. Following a hearing, the Board disposed of the appeal by not changing/reducing/raising the assessment. A copy of the Board's adjudication notice is attached hereto and incorporated herein as Exhibit A.
6. Appellant is aggrieved by the Board's adjudication. Specially, Appellant avers, on information and belief, that the assessment is unfair, unreasonable and excessive/too low. Appellant further avers as follows (list all that apply):
a. The assessment is not equal or uniform with other properties similarly located in the County of Allegheny.
b. The ratio between the market value and the assessment value of the Property is substantially higher than numerous other similar properties located in the County of Allegheny.
c. There is a complete lack of uniformity in the assessment of real estate within the County of Allegheny which makes the Property assessment unjust, unreasonable and discriminatory.
d. (Any other now known reason.)
e. Other such reasons as will be developed at the time of hearing.
WHEREFORE, Appellant requests this Honorable Court to increase/decrease the assessment to such amount as may be right and proper.
Date:______ ______
(Signature)(b)
FORM 503(9) Tax Assessment Appeal Discovery Requests
[CASE CAPTION, INCLUDING DOCKET NUMBER] AND NOW, comes (name) and serves the within Tax Assessment Appeal Discovery Requests upon (name). Pursuant to Local Rule 503(9), all applicable responses to these Requests must be furnished within forty-five days after the receipt of these Requests.
REQUESTS FOR DOCUMENTS Please produce a copy of the following:
1. Any and all surveys (land, structural, environmental, etc.), building plans and site plans showing design construction and location of the subject property.
2. Any and all mortgages, promissory notes, deeds, and agreements of sale made or assumed on the subject property within the last three years and the corresponding closing statements.
3. Any and all appraisals or evaluations on the subject property which have been made during the last three years.
4. Any and all loan applications of any kind involving or relating to the subject property which have been signed or submitted within the past three years.
5. Any and all leases, land leases, agreements, licenses, occupancy schedules, rent schedules (or rolls) relating to the subject property for the last three years.
6. Any and all written listing agreements, offers to purchase or offers to sell the subject property made within the last three years.
7. Any and all soil tests or mineral evaluations, permit requests, permits, requests relative to zoning variance, or similar applications or requests to any governmental body within the past three years concerning the subject property and the result of any such applications or requests.
8. Any and all federal and state Income Tax Returns and audited financial statements with respect to the subject property within the last three years.
9. Any and all corporate or partnership prospectus or private placement memorandum that contain any reference to the value of the subject property within the last three years.
10. Any and all insurance policies and/or binders covering the subject property, its building contents, buildings or any business located thereon from the last three years.
11. Any and all documents which describe in whole or in part any physical improvements to the subject property (whether by the owner or by a tenant) within the last three years.
12. Any and all documents listing or describing capital improvement(s) made to the subject property over the past three years including the costs of the capital improvements and the completion date(s).
13. Any and all documents relating to leasing commissions paid with respect to the subject property over the last three years including the corresponding tenant space, the commission paid, and the date.
INTERROGATORIES Please provide the following information:
1. The name, address and telephone number of the person to contact regarding conducting an inspection of the subject property.
Date:______ ______
(Signature)(c)
FORM 503(17) Notice That Matter Is Ripe for Oral Argument
[CASE CAPTION, INCLUDING DOCKET NUMBER]
NOTICE THAT MATTER IS RIPE FOR ORAL ARGUMENT AND NOW, comes (name) and notifies this Honorable Court pursuant to Local Rule 503(17) that this matter is ripe for oral argument and requests that this Honorable Court schedule oral argument at its convenience.
Date:______ ______
(Signature)Local Rule 504 Appeals From Real Estate Tax Exemption.
The following provisions shall govern tax exemption appeals from decisions of the Board of Property Assessment Appeals and Review:
Note: Under the former Local Rule 502, there was some confusion regarding whether Local Rule 502 applied both to tax assessment appeals and to tax exemption appeals from the Board of Property Assessment Appeals and Review. Local Rule 504 has been added to specifically address procedures governing tax exemption appeals. For procedure governing tax assessment appeals, see Local Rule 503.
(1) Parties.
(a) The following parties must be listed in the caption of the appeal:
(i) owner(s) of the real estate and/or taxable property;
(ii) the municipality in which the property is located;
(iii) the school district in which the property is located; and
(iv) the County of Allegheny.
(b) Any entity other than those set forth in subsection (1)(a) of this local rule must file a Petition to Intervene with the Real Estate Tax Appeal Judge in accordance with the Pennsylvania Rules of Civil Procedure to become a party.
(2) Caption.
(a) The party filing the appeal shall be designated as the appellant. All other parties shall be designated as appellees or interested parties.
(b) The caption and cover sheet shall clearly state that it is a tax exemption appeal.
(3) Time For and Content of Appeals.
(a) An appeal from the decision of the Board of Property Assessment Appeals and Review must be verified pursuant to Pa.R.C.P. 206.3 and filed as a General Docket case with the Prothonotary within thirty (30) days of the date of mailing of the notice by the Board.
(b) An appeal shall contain the following:
(i) names of the parties;
(ii) identification of the property by address, deed book volume and page, and lot and block numbers;
(iii) a concise statement of the reasons for the appeal; and
(iv) a copy of the decision of the Board of Property Assessment Appeals and Review.
(c) No Order of Court is required to file a timely appeal.
(4) Notice.
Appellant shall give notice of the appeal by first class mail, postage prepaid, to all parties and the Board of Property Assessment Appeals and Review, within seven days of the filing of the appeal and shall file proof of service thereof.
(5) Filing of Appeals.
The filing of an appeal by any party shall act as an appeal by all parties.
(6) Withdrawal of Appeals.
No appeal may be withdrawn without the consent of all other parties or leave of court.
(7) In all other respects, tax exemption appeals from decisions of the Board of Property Assessment Appeals and Review shall be governed by the Pennsylvania Rules of Civil Procedure and the Allegheny County Local Rules governing civil actions assigned to an individual judge.
Local Rule 505 Change of Name of a Natural Person.
(1) All proceedings for a change of name pursuant to 54 Pa.C.S. §§ 701--705 shall be brought in the Civil Division, except where an adoption proceeding is commenced in the Orphans' Court Division, in which case the Orphans' Court Division shall adjudicate any change of name ancillary to that proceeding. In cases where an adoption has been concluded in any other court and the only judicial relief sought in Allegheny County is a change of name, the Petition shall be filed in the Civil Division.
Note: See 23 Pa.C.S. § 2904. See also Supreme Court Orphans' Court Rule 15.5(e) where the adopted person has attained majority.
(2) All Petitions (FORM 505A) (see subsection (3)(a) below) shall be filed on the General Docket (GD).
(3) Requirements for Filing a Petition.
(a) The Petition shall contain two proposed Orders designated as follows:
(i) Either
(A) Order Scheduling Hearing on Name Change (used if Petition is brought by a person(s) of full legal age) (FORM 505B(i)) (see subsection (3)(b)(i) below), or
(B) Order Scheduling Hearing o Name Change (used if Petition is brought on behalf of a minor)(FORM 505B(ii)) (see subsection (3)(b)(ii) below); and
(ii) Decree for Change of Name (FORM 505C) (see subsection (3)(c) below).
(b) The following is required by the Prothonotary:
(i) Petition and one (1) extra copy. If Petitioner's safety would be in jeopardy by reason of the publication of the name change, Petitioner may describe why under paragraph 6, reason for name change.
(ii) A completed fingerprint card (if applicable--children 12 or under are not required to have fingerprints taken) (obtained from either a state or local police department). ''Name Change'' should be written in red across the top of the completed card.
(iii) A stamped 8-1/2" x 11" envelope addressed to:
PA State Police
Central Repository
1800 Elmerton Avenue
Harrisburg, PA 17110(iv) A stamped letter size envelope addressed to:
Prothonotary of Allegheny County
First Floor City-County Building
414 Grant Street
Pittsburgh, PA 15219
ATTENTION: Second Deputy(v) A stamped letter size envelope to the attorney for the filing party, or the pro se party.
(vi) The filing fee applicable to a Petition for a name change.
Note: A current listing of the fees charged by the Prothonotary can be found on the Prothonotary's web site: prothonotary.county.allegheny.pa.us (no www and no com).
(c) After Petitioner has been notified that the fingerprinting process has been completed, the petitioner shall take the Petition in the Prothonotary's file to the Chief Motions Clerk.
Note: The Chief Motions Clerk will be in the Courtroom of the Motions Judge. See ''Civil Division'' on the Website of the Common Pleas Court of Allegheny County (www.alleghenycourts.us) for the name and Courtroom of the judge who is sitting as the Motions Judge.
(d) The Motions Judge shall schedule the time and date for a hearing.
(e) Where the Petitioner has a prior conviction of a felony but is not barred by 54 Pa.C.S. § 702(c) from obtaining a judicial change of name, the Petitioner shall provide the Court with an envelopes affixed with sufficient postage and pre-addressed to the following so that copies of the Order Scheduling Hearing on Name Change may be sent:
(i) The District Attorney of Allegheny County
Allegheny County Courthouse
436 Grant Street
Pittsburgh, PA 15219(ii) to any other District Attorney of any county in which Petitioner was convicted of a felony.
(iii) Office of the Attorney General
Commonwealth of Pennsylvania
1600 Strawberry Square
Harrisburg, PA 17120(f) In those cases where the Petitioner is seeking to change the name of a minor and a parent files an objection to the Petition or appears to oppose the Petition, the case shall immediately be transferred to the Family Division using FORM 505D (see subsection (3)(d) below) for all further proceedings with respect to the minor's Petition.
(3) FORMS:
(a)
FORM 505A Petition for a Name Change
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL DIVISION In Re the Petition of: DOCKET No. GD ______
_________________ (Print Your Current Name)
For a Name Change to:_________________ (Print Your New Name)
VERIFIED PETITION FOR A NAME CHANGE And now comes Petitioner(s), ______
bythis Petition, and upon being duly sworn, respectfully represents and shows this Court:
1. That the Petitioner(s) is of full legal age and is a bona fide resident of the County of Allegheny, Commonwealth of Pennsylvania, whose residence address is
__________
___________________________ .
Petitioner(s) has been a bona fide resident of Allegheny County, Commonwealth of Pennsylvania for ____ year(s) immediately prior to filing this Petition. Petitioner(s)
was born on the ____ day of ______ , ____ in the County of ______ , State of ______ , and Country of ______ .
2. Petitioner's(s') present name is ______.
3. Petitioner(s) is not married or is married to ______ .
4. Petitioner(s) is the [ ]Father and/or [ ]Mother of the following minor [ ]children: None
Name Date of Birth Age ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ 5. Petitioner(s) has resided at the following address(es) over the last five (5) years:
___________________________
___________________________
___________________________
___________________________
___________________________
6. Petitioner(s) requests the change of name for the following reasons (describe in detail):
___________________________
___________________________
___________________________
___________________________
___________________________
7. The proposed change in the Petitioner(s) name, if granted, will not be detrimental to the interests of any other person and is not against the public interest.
8. This Petition is not filed to defraud creditors.
Wherefore, the Petitioner(s), intending to change his/her name, requests that by an Order of this Court, made and entered herein, the Petitioner's(s') name be changed to and decreed to be:
___________________________
___________________________
___________________________
___________________________
Respectfully submitted,
______
(Sign Your Current Name)Address: ______ City, State, Zip: ______ Telephone: ______
[New Page] VERIFICATION I, ( ______ ), verify that the statements made
(Print Your Current Name)
in the foregoing Petition are true and correct to the best of my knowledge or information and belief.I understand that this verification is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn fabrication to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties.
Date:______ _________________
(Sign Your Current Name)(b) (i)
FORM 505B(i) Order Scheduling Hearing on Name Change
(used if Petition is brought by a person(s) of full legal age)
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA In Re: Petition of CIVIL DIVISION
_________________ GD No. ______
_________________
_________________
Petitioner(s).
ORDER SCHEDULING HEARING ON NAME CHANGE AND NOW, this ____ day of ____ , 20 __ , upon hearing of the within motion of ______ Esquire/pro se, attorney for the Petitioner(s) above named, it is ORDERED and DECREED that the within Petition be heard on the ____ day of ____ , 20 __ at ____ before the Motions Judge. Petitioner(s) shall obtain a judgment search from all counties in which he/she has resided during the last five (5) years. It is further Ordered, that the Petitioner(s) shall advertise once in the Pittsburgh Legal Journal, and once in a newspaper of general circulation in Allegheny County.
BY THE COURT,
______ , J.
(b) (ii)
FORM 505B(ii) Order Scheduling Hearing
on Name Change
(used if Petition is brought on behalf of a Minor(s))
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA In Re: Petition of CIVIL DIVISION
_________________ GD No. ______
_________________
_________________
Petitioner(s).
ORDER SCHEDULING HEARING ON NAME CHANGE AND NOW, this ____ day of ____ , 20 __ , upon hearing of the within motion of ______ , Esquire/pro se, attorney for the Petitioner(s) above named, it is ORDERED and DECREED that the within Petition be heard on the ____ day of ____ , 20 __ at ____ before the Motions Judge. Petitioner(s) shall obtain a judgment search from all counties in which he/she has resided during the last five (5) years.
IT IS FURTHER ORDERED, that Petitioner(s) shall obtain an affidavit of consent from the non-petitioning parent and/or serve a copy of this scheduling order by certified and regular mail forthwith.
IT IS FURTHER ORDERED, that the Petitioner(s) shall advertise once in the Pittsburgh Legal Journal, and once in a newspaper of general circulation in Allegheny County.
BY THE COURT,
______ , J.
(c)
FORM 505C Decree for Change of Name
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA In Re: Petition of CIVIL DIVISION
_________________ GD No. ______
_________________
_________________
Petitioner(s).
DECREE FOR CHANGE OF NAME AND NOW, this ____ day of ____ , 20 __ , upon hearing on the within Petition and upon motion of _____ , Esquire/pro se, attorney for Petitioner(s), with proof of publication and proof that there are no judgments or decrees of record or any other matter of like effect against Petitioner(s), and it appearing that there are no legal objections to the granting of the prayer of the Petition, it is ORDERED and DECREED that the name(s) of the Petitioner(s) be and are, from and after this date changed to
___________________________
___________________________
___________________________.
BY THE COURT,
______ , J.
(d)
FORM 505D Case Transfer Order
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CIVIL DIVISION In Re: Petition for Change of Name
_________________ GD No. ______
_________________ FD No. ______
_________________
(a) minor(s)Petitioner(s): _________________
CASE TRANSFER ORDER AND NOW, the ____ day of ____ , 20 __ , the Court makes the following findings:
1. The subject of the Petition for a Change of Name is
___________________________
_________________who (is a) (are) minors.
2. The non-petitioning parent has filed an objection to the proposed Petition for Change of Name or has appeared before the Court and opposes the Petition.
It is therefore ORDERED, ADJUDGED and DECREED as follows:
1. Pursuant to Local Rule 505(3)(f) this matter is hereby transferred to the Family Division for all further proceedings with respect to the Petition for Change of Name.
2. The Prothonotary shall conduct a search of its records to determine if the family involved in this contested name change has an existing Family Division docket number. If there is an existing Family Division docket number, this Petition shall be matched to the existing file and transferred to the Family Division. If there is no existing Family Division docket number, the Prothonotary shall assign a Family Division docket number and open a case file. In either event, the above-referenced General Division docket number shall be cross-referenced with the Family Division docket number.
3. The party who filed the Petition for Change in Name shall be responsible for serving the Family Division scheduling order on the opposing party in a manner consistent with the Rules of Civil Procedure.
4. The party who filed the Petition for Change of Name shall provide the following information:
A. Name(s), Address(es) and Date(s) of Birth of the minor(s) involved:
Name Address Date of Birth ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ B. Name of the father of the minor child(ren) _____
_________________Address and telephone number of the father _____
_________________
_________________Date of Birth of the father ______
C. Name of the mother of the minor child(ren) _____
_________________Address and telephone number of the mother ____
_________________
_________________Date of Birth of the mother ______
D. List any prior Family Court involvement and case numbers: (Examples of these cases include: Protection from Abuse, Child Support, Child Custody, and Divorce.) _________________
_________________
_________________BY THE COURT,
______ , J.
Local Rule 600 Eminent Domain. Scope.
The rules of this chapter shall be construed consistent with the provisions of the Eminent Domain Code, 26 P. S. § 1-101 et seq., and shall apply to all eminent domain and assessment of benefits proceedings, including but not limited to:
(1) All preliminary objections to a declaration of taking, including the objection that there was an earlier de facto taking;
(2) Petitions for the appointment of viewers on claims for compensation where no declaration of taking property has been filed;
(3) Preliminary objections to a petition for the appointment of viewers;
(4) Petitions for the appointment of viewers to ascertain just compensation, including special damages;
(5) Petitions for the appointment of viewers to assess benefits or to assess benefits and ascertain just compensation where statutes permit municipalities to assess the properties benefited for the costs, damages and expenses of public improvements; and
(6) Appeals from Board of Viewers' awards of damages or assessments of benefits whether or not objections other than or in addition to the amount of the award are raised by the appeal.
Local Rule 601 Definitions.
(1) Appeal--an action contesting the decision, report or recommendation of the Viewers, which is filed with the Prothonotary and a courtesy copy delivered to the Board of Viewers.
(2) Applicable trial term--the first term assigned by the Court of Common Pleas during which the trial is scheduled to be conducted.
(3) Board of Viewers--the administrative body designated by the Court of Common Pleas to hear eminent domain and assessment of benefits proceedings.
(4) Hearing--the mechanism by which the Viewers shall hear testimony and receive evidence.
(5) Hearing date--the first date scheduled by the Viewers for a hearing, without regard to any request for a continuance, unless otherwise ordered by the Viewers.
(6) Trial--the mechanism by which the Court of Common Pleas shall hear testimony and receive evidence in an appeal.
(7) View--the date and time scheduled for the parties and the Viewers to inspect the subject property.
(8) Viewers--the panel of the Board of Viewers which shall preside at the View and Hearing and shall issue the decision, report or recommendation of the Board of Viewers.
(9) Viewers' Plans--the plan or any supplemental plan required under Section 1-509 of the Eminent Domain Code.
Local Rule 602 Administrator.
(1) The Administrative Judge shall appoint one (1) of the members of the Board of Viewers to serve as Administrator for a term of two (2) years. The Administrator may be reappointed.
(2) The Administrator shall be primarily responsible to the Court for the efficient and prompt administration and disposition of the matters before the Board of Viewers. The Administrator shall keep records and submit such data to the Court as may be required.
Local Rule 603 Preliminary Objections.
Preliminary objections to a declaration of taking or to a petition for the appointment of viewers shall not be subject to any other local rules and shall be governed by the following procedures:
(1) No brief shall be required upon the filing of the preliminary objections.
(2) The filing of preliminary objections shall stay all other proceedings as to only the parcel or parcels that are the subject of the preliminary objections.
(3) Preliminary objections shall be filed with the Prothonotary upon which the Prothonotary shall stamp the date and time on which the preliminary objections were filed. The party filing the preliminary objections immediately shall take the stamped preliminary objections and the Prothonotary's file to the Administrative Judge.
(4) Upon receiving the stamped preliminary objections and the Prothonotary's file for the captioned matter, the Administrative Judge shall either hear the preliminary objections or designate another judge to hear the preliminary objections.
(5) The judge assigned to hear the preliminary objections shall schedule a status conference, which shall take place as soon as practicable after the date stamped on the preliminary objections. At the status conference, the judge shall determine whether the parties shall submit evidence in support of or in opposition to the preliminary objections by deposition, by hearing, or by a combination thereof, and shall schedule a date and time for the submission of all evidence and for the submission of briefs. The judge may consider such other issues as are raised by the parties.
(6) Unless mutually extended by the parties or otherwise ordered by the presiding judge for good cause shown, all discovery relating to the preliminary objections, including all depositions, must be completed no later than sixty (60) days after the date stamped on the preliminary objections.
(7) Pursuant to Section 1-406 of the Eminent Domain Code, the parties must present in one pleading, and the Court shall consider, all preliminary objections at one time.
(8) A party, either by filed consent of all parties or by leave of court for good cause shown, may amend that party's preliminary objections.
(9) After the submission of evidence, the presiding judge shall promptly decide all preliminary objections.
(10) The parties shall not file post-trial motions. The order of court ruling upon the preliminary objections is the final order from which an appeal may be taken.
Note: This rule recognizes Pa.R.A.P. 311(e), which provides for an appeal as of right following a court order ruling upon preliminary objections in eminent domain cases.
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