THE COURTS
Title 255—LOCAL
COURT RULES
BUTLER COUNTY
Local Rules of Civil Court; MsD No. 17-40210
[47 Pa.B. 6038]
[Saturday, September 30, 2017]
Administrative Order of Court And Now, this 12th day of September, 2017, it is hereby ordered and decreed that Local Rules of Court listed as follows pertaining to Butler County Court of Common Pleas Civil Court Division, are hereby amended:
• L205.2(b) Cover Sheet
• L1141(b) Consumer Credit or Residential Mortgage Foreclosure Program
• L1143 Commencement of Consumer Credit or Mortgage Foreclosure Action
• L1302 Appointment of Arbitrators
• L5001(e) Post Status Conference Order
• L5004(a) Settlement
These amendments are effective thirty days after publication of this notice and the within Amendments to Local Rules in the Pennsylvania Bulletin.
The Court directs the Court Administrator to:
1. File one paper copy of this Administrative Order and the within Local Rules of Civil Procedure with the Administrative Office of the Pennsylvania Courts.
2. File two paper copies of this Administrative Order and the within Local Rules of Civil Procedure and one (1) diskette/CD with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin
3. Forward one (1) copy of this Administrative Order and the within Local Rules of Civil Procedure to the administrative office of the Butler County Legal Journal for publication.
4. Publish this Local Rule on the Butler County Courts website.
5. File one copy of this Local Rule with the Butler County Prothonotary's office for public inspection and copying.
By the Court
THOMAS J. DOERR,
President Judge
LOCAL RULES OF CIVIL PROCEDURE Rule L205.2(b). Cover Sheet.
All complaints in civil action filed at the office of the Butler County Prothonotary shall be accompanied with a cover sheet which in substance is similar to the following:
IN THE COURT OF COMMON PLEAS OF BUTLER COUNTY, PENNSYLVANIA CIVIL ACTION
Plaintiff, Case No. v. Defendant. Type of Document: Complaint in Civil Action
If this is a Complaint, designate whether the case is subject to Compulsory Arbitration (jurisdictional amount $35,000) or not.
_____ amount in controversy does not exceed $35,000
_____ amount in controversy exceeds $35,000
_____ issues in case are not subject to Compulsory Arbitration
Does this complaint involve consumer credit card collection _____ Y _____ N
Does this complaint involve residential mortgage foreclosure proceedings _____ Y _____ N
Filed on behalf of ______ (Plaintiff / Defendant)
Counsel of record for this party ______ (Name of attorney primarily responsible)
Supreme Court I.D. No. ______
______ (Firm Name, if any)
______ (Address)
______ (Phone)
______ (Fax Number)
______ (E-Mail Address)
Rule L1141(b). Consumer Credit or Residential Mortgage Foreclosure Program.
In consumer credit or residential mortgage foreclosure proceedings, local procedural requirements shall apply to accomplish the implementation of the Consumer Credit or Residential Mortgage Foreclosure Diversion Program. Local rules affected in relation to residential mortgage foreclosure proceedings are as follows:
L402 L1143.1(a)(b)(c)(d)(e)(f) L1034(a) L3129.1 L1025(a) L3256 L1143(a)(b)(c)(d)(e) Rule L1143. Commencement of Consumer Credit or Mortgage Foreclosure Action.
(a) In all consumer credit and residential mortgage foreclosure actions, the complaint shall include a ''Notice of Consumer Credit or Residential Mortgage Foreclosure Diversion Program'' in the format set forth in below.
Date of Service: _________________
Manner of Service: __________
By: _________________
IN THE COURT OF COMMON PLEAS OF BUTLER COUNTY, PENNSYLVANIA Plaintiff(s)
vs. AD No. Defendant(s)
NOTICE OF CONSUMER CREDIT/RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM PURSUANT TO BUTLER COUNTY LOCAL RULE OF CIVIL PROCEDURE L-1143 AND L3129.1 A Complaint in Consumer Credit or Residential Mortgage Foreclosure has been filed with the Court that could cause you to lose your assets or home.
You may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have an attorney, you must take the following steps to be eligible for and to remain in the program. First, within ten (10) days of the date noted above, you must contact the Butler County Consumer Credit/Residential Mortgage Foreclosure Diversion Program information line at 724-431-0081. You must schedule and attend either group mortgage assistance program or credit assistance program, as instructed. These classes are available to you at NO CHARGE. Attendance at one of these classes is mandatory for your continued participation in the Court Conciliation program.
After attending the class, a housing or credit counselor may be available to work with you to review your finances and attempt to work with your lender to try to resolve the claims in this lawsuit. Eligibility for counseling is based upon financial guidelines, which will be discussed at the group class. If you are scheduled to meet with a counselor, you must appear and you must provide the counselor with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you are not eligible for counseling, you will receive further instructions during the class concerning your obligation to communicate with the lender.
If you are represented by a lawyer, it is not necessary for you to call the information line. However, you and your attorney are responsible to communicate with the lender in advance of the conciliation conference.
To obtain admission to the Consumer Credit/Residential Mortgage Foreclosure Diversion Program, you or your attorney must complete a Request For Conciliation Conference form as provided at Butler County Local Rule L-1143(b), file the same with the Prothonotary, and serve a copy of said Request, by mail to the Plaintiff's address set forth below.
*For further information you may also go to www.co.butler.pa.us or www.butlercountypabar.org/credit-crunch-program or call the Butler County Bar Association at 724-841-0130* IF YOU WISH TO PARTCIPATE IN THIS DIVERSION PROGRAM, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Plaintiff must complete:
DISCLOSURE OF PLAINTIFF CONTACT INFORMATION
(person authorized to discuss case status and resolution options with the Defendant and/or the Defendant's representative) Name: ___________________________
Address: ___________________________
_____________________________________
_____________________________________
Phone number: ___________________________
Fax number: ___________________________
Email: ___________________________
(b) To participate in the Consumer Credit or Residential Mortgage Foreclosure Diversion Program the defendant/borrower or his/her legal counsel shall follow Butler County Local Rule of Civil Procedure 1143.1 program requirements and file a Request for Conciliation Conference in the format set forth below. The Request for Conciliation Conference shall be filed with the Prothonotary within thirty 30 days of service of the Notice of Consumer Credit or Residential Mortgage Foreclosure Diversion Program and shall be served upon the plaintiff/lender.
IN THE COURT OF COMMON PLEAS OF BUTLER COUNTY, PENNSYLVANIA Plaintiff(s)
vs. AD No.
Defendant(s)
REQUEST FOR CONCILIATION CONFERENCE
(Butler County Local Rule of Civil Procedure L-1143(b))Pursuant to the local rules governing the Butler County Consumer Credit or Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows:
1. This action involves consumer credit, or the Defendant is the owner of the residential property if this is a mortgage foreclosure action; and
2. If a residential mortgage foreclosure action, Defendant physically lives in the subject property, which is defendant's primary residence; and
3. Defendant has been served with a ''Notice of Consumer Credit or Residential Mortgage Foreclosure Diversion Program'' and
a. If Defendant is self-represented:
(1) Defendant is scheduled to attend the ______(date) mortgage or credit assistance class as instructed by the Butler County Consumer Credit/Residential Mortgage Foreclosure Diversion Program information line; and
(2) Defendant will attend any follow up conference scheduled with the credit or housing counselor after the mortgage or credit assistance class; and
(3) Defendant will personally attend the court conciliation conference as scheduled by the Court.
Or-
b. If Defendant is represented by counsel:
(1) I _________________ am legal counsel of record for the Defendant.
The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities.
___________________________
Signature of Defendant/Defendant's CounselPerson who Plaintiff should contact to discuss status of case and options to resolve:
Name ___________________________ Office _________________ Relationship to Defendant _________________ Address _________________ Phone ___________________________ E-Mail _________________ Fax # (c) Upon receipt of the Request for Conciliation Conference, the Court Administrator shall issue a case management order. Conciliation conferences shall be scheduled and conducted in conformity with Butler County Local Rule of Civil Procedure L-11431.1, et seq.
(d) Service of process.
For complaints filed and served before November 2, 2009, the ''Notice Of Consumer Credit or Residential Mortgage Foreclosure Diversion Program'' may be served by certified mail to the record address of the Defendant or to Defendant's legal counsel of record, if any. The date of service shall be the date when the certified mail is delivered to Defendant or Defendant's counsel. However, if original service of the complaint has not been completed, service of the Notice shall be as per Butler County Local Rule of Civil Procedure L-402.(e) Before any matter will be scheduled for consideration before the assigned judge or for arbitration, the plaintiff/lender must file an Affidavit, which discloses: the date and manner of service of the ''Notice of Consumer Credit or Residential Mortgage Foreclosure Diversion Program''; whether or not the defendant/borrower has requested to participate in the Consumer Credit Residential Mortgage Foreclosure Diversion Program; and, whether or not there is a present, court-ordered stay in effect. The format for said Affidavit is set forth below.
IN THE COURT OF COMMON PLEAS OF BUTLER COUNTY, PENNSYLVANIA Plaintiff(s)
vs. AD No.
Defendant(s)
AFFIDAVIT OF SERVICE AND STATUS OF CONSUMER CREDIT OR RESIDENTIAL MORTGAGE
FORECLOSURE DIVERSION PROGRAM
(Butler County Rule of Civil Procedure L-1143(e) and L-1034(a) 1 and L-1035.2(a)(1) and L-3129.1(b) and L-3256)I, ______ , counsel for Plaintiff, in the above action, do hereby certify that on ______ the Defendant(s) was served with the ''Notice of Consumer Credit or Residential Mortgage Foreclosure Diversion Program by ___________________________ , and that:
(method of service and by whom)(1) 30 days have passed since service of the Notice;
(2) The Defendant(s) has not filed a Request for Conciliation Conference (Butler County Local Rule of Civil Procedure L-1143b); or
(3) If a Request for Conciliation Conference has been filed, there is no present Court ordered Stay in effect.
Respectfully submitted,
_________________ _________________
Date Plaintiff CounselRule L1302. List of Arbitrators. Appointment to Board.
(a) The Prothonotary of Butler County shall compile and maintain a list of persons eligible and willing to serve as arbitrators. This list shall be comprised of members of the bar actively engaged in the practice of law primarily in Butler County. ''Actively engaged in the practice of law primarily in Butler County'' is defined as attorneys who regularly maintain an office in Butler County for the practice of law. Persons who have been determined to be eligible shall file a written consent to serve as an arbitrator with the Prothonotary. Arbitrators shall be selected by the Prothonotary from those persons who have filed their consents to serve.
(b) If an arbitrator is not able to serve on his or her appointed date, said arbitrator shall secure a replacement arbitrator from the list of attorneys who have consented to serve. Said arbitrator shall notify Court Administration and the Prothonotary of the replacement. The Prothonotary shall appoint said substitute attorney to replace arbitrator. Should a vacancy on the board of arbitrators occur prior to the hearing for any reason, or should a member of the board fail to attend the hearing, a member of the board shall notify the Prothonotary who shall immediately vacate that appointment and make an appointment to fill that vacancy. Should a vacancy on the board of arbitrators occur after the hearing takes place, but before an award is signed by all arbitrators, or should a member of the board fail to or refuse to perform his or her duties, the award shall be signed and filed by the remaining members of the board. If the remaining members of the board are unable to agree, they shall notify the Prothonotary who shall appoint a third member. Thereafter the Court Administrator shall schedule a re-hearing for the new board, which shall thereafter file an award.
(c) The board shall be chaired by a member of the bar admitted to the practice of law for at least ten (10) years. Other members of the panel must have been admitted to the bar.
(d) Each member of the board of arbitrators who has been duly sworn to hear a case shall receive as compensation a fee in the amount set by the court from time to time by administrative order. In cases requiring hearings that exceed one half (1/2) day, the arbitrators may petition the court for additional compensation, which the court may grant for cause shown. The arbitrators shall be entitled to receive their compensation fees as follows:
(1) Following hearing, after filing the award with the Prothonotary as per Butler County L.R.C.P. L1306; or
(2) If a continuance is requested after the date of posting of a hearing time for the case as per Butler County L.R.C.P. L1303(d), the arbitrators shall be paid from the funds paid by the continuing party as per Butler County L.R.C.P. L1304; or
(3) If a case settles after the posting of a hearing time for the case as per Butler County L.R.C.P. L1303(d), but before the scheduled arbitration hearing, the arbitrators shall be paid by the county as per administrative order under Local Rule L1302(d) upon Order of Court that directs payment in the case.
(a) When counsel agree upon terms for settlement, they shall notify the Court, in writing, as soon as possible such that the case can be removed from the Arbitration hearing list. Any case that is removed from the list after posting of the time for arbitration under Local Rule L1303(d) which does not settle of record, shall not be re-listed for Arbitration unless the arbitrators fees paid to the original Arbitration panel as per Local Rule L1303(e) are reimbursed to the County by counsel for the parties.
Compensation fees paid to arbitrators shall not be taxed as costs or follow the award as other costs.
(e) Upon the filing of the arbitrators' award, discontinuance by the parties after the swearing of the arbitrators, Order of Court continuing the case after posting of a hearing time as per Butler County L.R.C.P. 1303(d)(2), Order of Court removing the case from Arbitration based upon settlement of the case of record as per Butler County L.R.C.P. L1302(d)(3), or an award by the Court in accordance with Pa.R.C.P. No. 1303(b), the Prothonotary shall certify such filing to the Court and submit a statement for payment to the Office of the Court Administrator. The County shall thereupon pay the applicable fee to each member of the board of arbitrators.
(f) If an arbitrator fails in his or her duties, or the board of arbitrators fails to file an award promptly, as required by Pa.R.C.P. No. 1306, the result will be the forfeiture of the arbitrator's fee.
Rule L5001(e). Post Status Conference Order.
In the event the parties reach a tentative agreement at the time of the Conciliation Conference and formal approval of the taxing bodies is required prior to settlement, the Court will enter an order in the following format:
IN THE COURT OF COMMON PLEAS, BUTLER COUNTY PENNSYLVANIA
IN RE Appeal of: _________________ ) (NAME OF APPELLANT) ) ) Case No.: ______ From the Butler County Board of ) Assessment Appeal ) ) Tax ID No. _________________ ) _______________________________________________
_______________________________________________
School District: ______
Municipality: ______
Property of: ______
Property Address: ______
Intervenor: ______
ORDER AND NOW, this _____ day of ______ , at the time scheduled for a Status Conference in the above matter, Counsel have arrived at terms for tentative comprehensive settlement of this tax assessment appeal. However, approval of various governing boards is necessary. Counsel shall provide this Court with a status report on or before ______ . Thereafter, a further Order will issue.
BY THE COURT:
_________________ J
Rule L5004. Settlement.
(a) Settlement. When counsel agree upon terms for settlement, they shall notify the Court, in writing, in the following format, as soon as possible such that the case can be removed from the hearing list:
IN THE COURT OF COMMON PLEAS, BUTLER COUNTY PENNSYLVANIA
IN RE Appeal of: _________________ ) (NAME OF APPELLANT) ) ) Case No.: ______ From the Butler County Board of ) Assessment Appeal ) ) Tax ID No. _________________ ) _______________________________________________
_______________________________________________
School District: ______
Municipality: ______
Property of: ______
Property Address: ______
Intervenor: ______
STIPULATION TO SETTLE WHEREAS, the Appellant(s) filed an appeal to this Honorable Court of the assessment set for the above referenced property by the Board of Assessment Appeals of Butler County.
WHEREAS, based upon the risk and hazards of litigation, the parties have decided that it is in their best interest to settle the above-captioned matter based upon the terms and conditions outlined in this Stipulation to Settle.
NOW, THEREFORE, the undersigned, intending to be legally bound and to bind their respective clients, agree to the following settlement.
After further review by all parties, it was agreed the assessment shall be as follows:
1. Commencing on ______ , for the County and Township taxes, and ______ , for the School taxes, the assessment shall be set based on a fair market value of $ ______ and an assessed value of $ ______ for tax year ______ .
2. In determining the assessed value of the property, the County Assessment Office shall use a Common Level Ratio of ______ %.
3. The parties agree that the Court should enter an Order in the form attached setting the assessed value as herein above set forth and ordering that the case be marked settled, discontinued, and ended.
4. The Appellant shall pay the appropriate fee, payable to the Prothonotary of Butler, for the discontinuance of this action. Payment shall accompany the filing of this stipulation.
5. If the docket is not settled within ten (10) days of the settlement date set forth in this Stipulation, Appellant shall appear as scheduled by the Court. Settlement of the docket shall cancel this hearing.
6. This Stipulation can be executed in counterparts.
_________________
Signature
[Pa.B. Doc. No. 17-1608. Filed for public inspection September 29, 2017, 9:00 a.m.]
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