THE COURTS
Title 255—LOCAL COURT RULES
BUTLER COUNTY
Amendment to Local Rules of Civil Procedure L5004(a) and (b); MsD 18-40152
[48 Pa.B. 4097]
[Saturday, July 14, 2018]
Administrative Order of Court And Now, this 28th day of June, 2018, it is hereby ordered and decreed that Local Court Rules listed as follows pertaining to Butler County Court of Common Pleas Civil Court Division, are hereby amended:
• L5004(a) Settlement
• L5004(b) Order
It is further ordered that this Administrative Order shall be effective upon publication in the Pennsylvania Bulletin.
It is finally ordered that the District Court Administrator shall:
(a) Deliver one copy to the Administrative Office of Pennsylvania Courts via email to adminrules@pacourts.us.
(b) Distribute two paper copies and one electronic copy hereof to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin,
(c) Deliver a copy of this Order to the Butler County Legal Journal for publication as that organization deems appropriate.
(d) Distribute a copy of the Administrative Order to the Judges of the Court of Common Pleas in Butler County.
(e) Publish this Administrative Order on the Butler County Court website.
(f) File a copy of the Administrative Order in the office of the Butler County Prothonotary for inspection and copying.
By the Court
MARILYN J. HORAN,
Administrative JudgeRule L5004. Settlement. (amended 10/17) (amended 6/2018)
(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. This Stipulation can be executed in counterparts.
_________________
Signature(b) Upon the filing of the Stipulation to Settle, the Court shall enter the following order:
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 ______ , upon review of the Stipulation of Settlement among the parties, attached hereto, it is hereby ORDERED, ADJUDGED and DECREED that the stipulation to settle the appeal is approved; and
It is further ORDERED that the Butler County Board of Assessment Appeals shall establish the fair market value for assessment purposes on the Butler County Tax Parcel Number ______ to be $_____ and the assessed value from $ ______ to $ ______ as of ______ , for County and Municipal taxes, and ______ , for School District taxes; and
It is further ORDERED that, upon receipt of the appropriate filing fee from the Appellant, the Prothonotary of Butler County is to mark the above case, settled, discontinued, and ended.
BY THE COURT:
_________________ J
[Pa.B. Doc. No. 18-1068. Filed for public inspection July 13, 2018, 9:00 a.m.]
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