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PA Bulletin, Doc. No. 12-1680

THE COURTS

SCHUYLKILL COUNTY

Amend Civil Rule of Procedure 301 Board of Viewers; S 1815-12

[42 Pa.B. 5625]
[Saturday, September 1, 2012]

Order of Court

 And Now, this 15th day of August, 2012 at 3:45 p.m., Schuylkill County Civil Rule of Procedure No. 301(e)(ii) Board of Viewers is amended and § 301(e)(iii) and (f) are hereby rescinded for use in the Court of Common Pleas of Schuylkill County, Pennsylvania, Twenty-First Judicial District, Commonwealth of Pennsylvania, effective thirty days after publication in the Pennsylvania Bulletin.

 The Prothonotary of Schuylkill County is Ordered and Directed to do the following:

 1) File one (1) certified copy of this Order and Rule with the Administrative Office of the Pennsylvania Courts.

 2) Forward two (2) certified copies of this Order and Rule and a computer diskette containing the text of the local rules to the Legislative Reference Bureau.

 3) Forward one (1) certified copy of this Order and Rule with the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania.

 4) Forward one (1) copy to the Law Library of Schuylkill County for publication in the Schuylkill Legal Record.

 5) Copies shall be kept continuously available for public inspection in the Office of the Schuylkill County Prothonotary and the Schuylkill County Law Library.

 It is further Ordered that said rule as it existed prior to the amendment is hereby repealed and annulled on the effective date of said rule as amended, but no right acquired thereunder shall be disturbed.

By the Court

WILLIAM E. BALDWIN, 
President Judge

SCHUYLKILL COUNTY RULES OF CIVIL PROCEDURE

Rule 301. Board of Viewers.

 (a) Composition and Appointment of Boards of Viewers Pursuant to 42 Pa.C.S. § 214

 The Board of Viewers shall consist of not less than nine (9) members, all of whom shall be adult residents of Schuylkill County. At least one-third (1/3) of its members shall be attorneys. Board members shall be appointed for a term of three (3) years by the Court of Common Pleas. Sitting board members may be re-appointed for an additional term or terms of three (3) years upon expiration of their terms. Vacancies in an unexpired term of a board member shall be filled by the President Judge. The Court shall have the power to remove a board member at will.

 (b) Petitions for Appointment of a Board of Viewers

 Petitions for appointment of a Board of Views shall be accompanied by a praecipe to transmit pursuant to Sch.R.C.P. 205.2(b) and shall comply with Sch.R.C.P. 206A. In case of a vacancy in the Viewers appointed in a specific case before the panel files its report, the President Judge shall fill such vacancy by appointing another member of the Board of Viewers.

 (c) Appeals from Decision of Viewers

 Any party who appeals to the court from the decision of the Viewers and sets forth in the appeal objections to the Viewers' Report other than to the amount of the award shall comply with Sch.R.C.P. 14.

 (d) Stenographic Notes

 Whenever, in the opinion of the Board of Viewers, it shall be desirable, accurate stenographic notes of the hearing shall be taken and copies of such notes shall be furnished to the parties interested, when desired, upon payment of such sum as shall be fixed from time to time by the Court. The stenographer in any particular case shall be appointed from the list of the court-appointed stenographers by the Chairman of the Board of Viewers appointed to the case.

 (e) Compensation of Viewers

 (i) Compensation of Viewers shall be on a case by case basis in an amount fixed by the Court. A Petition for compensation shall be made at the time of filing of the Report of the Board of Viewers by a Petition for Compensation directed to the President Judge. A copy of the Petition for Compensation shall be served upon all parties, or their attorneys of record, at the time the Board transmits a copy of its report to them pursuant to 26 Pa.C.S. § 1-512.

 (ii) Compensation approved by the President Judge pursuant to a Petition for Compensation shall be paid to the Viewers.

[Pa.B. Doc. No. 12-1680. Filed for public inspection August 31, 2012, 9:00 a.m.]


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