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PA Bulletin, Doc. No. 17-1607

THE COURTS

Title 249—PHILADELPHIA RULES

PHILADELPHIA COUNTY

Service of Petitions Filed Pursuant to the Municipal Claims and Tax Liens Act; Administrative Doc. No. 03 of 2017

[47 Pa.B. 6036]
[Saturday, September 30, 2017]

Order

 And Now, this 11th day of September, 2017, in order to ensure that appropriate notice of Sheriff Sale of real estate pursuant to the Municipal Claims and Tax Lien Act is given, it is hereby Ordered that effective with Petitions filed on and after January 2, 2018, the City of Philadelphia shall:

 1) include as part of the Petition an Order substantially as follows as Exhibit 1.

 2) as required by 53 P.S. § 7193.2(a)(2), serve a copy of the Petition and the Order issued by the Court by first class mail on the Respondent(s) to the address(es) registered as required by 53 P.S. § 7193.1(a)(1).

 3) as provided in 53 P.S. § 7193.2(a)(1), post a true and correct copy of the Petition and Order issued by the Court on the most public part of the property as required by 53 P.S. § 7193.2(a)(1).

 4) file an ''Affidavit of Posting,'' substantially as follows as Exhibit 2, identifying the location on the premises where the Petition and this Order were posted and attaching date-and-time-stamped color photographs which display the posting as well as the location of the posting and establish that the said posted location is on the most public part of the premises accessible to the public.

 This Administrative Order is issued in accordance with the April 11, 1986 order of the Supreme Court of Pennsylvania, Eastern District, No. 55 Judicial Administration, Docket No. 1. As required by Pa.R.J.A. 103(d), this Administrative Order and the following forms were submitted to the Supreme Court of Pennsylvania Civil Procedural Rules Committee for review, and written notification has been received from the Rules Committee certifying that the provisions of this order and following forms are not inconsistent with any general rule of the Supreme Court. This Administrative Order and the following forms shall be filed with the Office of Judicial Records (formerly the Prothonotary, Clerk of Courts and Clerk of Quarter Sessions) in a docket maintained for Administrative Orders issued by the First Judicial District of Pennsylvania. As required by Pa.R.J.A. 103(d)(5)(ii), two certified copies of this Administrative Order and the following forms, as well as one copy of the Administrative Order and following forms shall be distributed to the Legislative Reference Bureau on a computer diskette for publication in the Pennsylvania Bulletin. As required by Pa.R.J.A. 103(d)(6) one certified copy of this Administrative Order and following forms shall be filed with the Administrative Office of Pennsylvania Courts, shall be published on the website of the First Judicial District at http://courts.phila.gov, and shall be incorporated in the compiled set of local rules no later than 30 days following publication in the Pennsylvania Bulletin. Copies of the Administrative Order and following forms shall also be published in The Legal Intelligencer and will be submitted to American Lawyer Media, Jenkins Memorial Law Library, and the Law Library for the First Judicial District.

By the Court

HON. JACQUELINE F. ALLEN, 
Administrative Judge, Trial Division
Court of Common Pleas
Philadelphia County

Exhibit 1

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
TRIAL DIVISION—CIVIL

City of Philadelphia : ______ TERM, 201 ____
:
   vs. : No. ______
:
    Respondent : OPA:

ORDER

 AND NOW, this ______ , upon consideration of the Petition filed in connection with this matter, a rule is issued upon the Respondent to show cause why the following property:

[ADDRESS OF PROPERTY]
should not be sold free and clear of all liens and encumbrances, and it is hereby ORDERED as follows:

 1. As provided in 53 P.S. § 7193.2(a)(1), Petitioner shall post a true and correct copy of this Order and the Petition on the most public part of the above property. The Petitioner shall file an Affidavit of Posting, in the attached format, identifying the location on the premises where the Petition and this Order were posted and attaching date-and-time-stamped color photographs which display the posting as well as the location of the posting and establish that the said posted location is on the most public part of the premises accessible to the general public;

 2. As provided in 53 P.S. § 7193.2(a)(2), Petitioner shall serve a copy of this Order and the Petition, by first class mail on the Respondent(s) to the address(es) registered as required by 53 P.S. § 7193.1(a)(1);

 3. Petitioner shall file the required Affidavit(s) of service and Proof(s) of Service with the Office of Judicial Records before the hearing date;

 4. Respondent(s) shall have fifteen (15) days from the date of service to file a Response to the Petition; and

 5. A hearing to determine whether service has been effectuated as ordered, and whether the relief requested ought to be granted is scheduled for _________________  at 9:00 am in Courtroom 676 City Hall, Philadelphia. PA. In the event the Respondent(s) do(es) not appear, the Court shall proceed with the hearing or may appoint a Master who shall review the proof(s) of service and affidavit(s) of service and shall report to the Court whether service was effectuated as ordered and whether a Response to the petition was filed by the Respondent as ordered. The Court shall then issue an appropriate order.

BY THE COURT:

_________________
SUPERVISING JUDGE
TRIAL DIVISION-CIVIL

Exhibit 2

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
TRIAL DIVISION—CIVIL

City of Philadelphia : ______ TERM, 201 ____
:
   vs. : No. ______
:
    Respondent : OPA:

AFFIDAVIT OF POSTING
(Attach additional Pages as Necessary)

ADDRESS OF PROPERTY POSTED: __________

DOCUMENTS POSTED: Petition Filed: _________________ Order Dated: __________

DESCRIBE SPECIFIC LOCATION & MANNER OF POSTING WITHIN THE PROPERTY:
(The Petition and Order must be posted on most public part of property accessible to the general public)

DATE AND TIME POSTED: __________

NUMBER & DESCRIPTION OF DATE-TIME-STAMPED COLOR PHOTOGRAPHS: __________

_______________________________________________

Name of Process Server: __________

Business Address: __________

Phone Number: _________________ Email: __________

 I, the undersigned, being duly sworn according to law, depose and say that I posted the documents as described above and that the photographs accurately depict the posting. I verify that the facts herein set forth are true and correct to the best of my knowledge, information, and belief. This statement is being made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

_____________________________________ DATE __________
Signature of Process Server

[Pa.B. Doc. No. 17-1607. Filed for public inspection September 29, 2017, 9:00 a.m.]


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