THE COURTS

Title 252—ALLEGHENY
COUNTY RULES

ALLEGHENY COUNTY

Civil Division Local Rules of the Court of Common Pleas; No. AD-2023-86-PJ Rules Docket

[53 Pa.B. 2041]
[Saturday, April 15, 2023]

Order of Court

 And Now, this 4th day of April, 2023, it is hereby Ordered that the following local rules of the Court of Common Pleas of Allegheny County, Pennsylvania, Civil Division, adopted by the Board of Judges, shall be effective thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

KIM BERKELEY CLARK, 
President Judge

Rules Governing Abandoned and
Blighted Properties Conservatorship Act
under Title 68 P.S. § 1101 et seq.

Rule 701. Initiation of Conservatorship Action.

 (1) A conservatorship action is commenced and assigned a CS docket number by the filing of a Petition for the Appointment of a Conservator (''Petition'') with the Department of Court Records and payment of the applicable filing fee.

 (2) The petitioner must file a notice of filing of the petition with the Department of Court Records after filing the petition for appointment of a conservator. (See Form 703, Notice of Filing of a Petition for the Appointment of a Conservator.)

 (3) The petitioner must file a praecipe for lis pendens with the Department of Court Records for indexing against the property, and a lis pendens with the Department of Real Estate. Note: The Judge has the discretion to remove the lis pendens.

 (4) A copy of the petition filed with the Department of Court Records must be submitted to conservatorship calendar@alleghenycourts.us to receive a hearing date.

 (5) The petition must be filed by an eligible ''party in interest'' as defined in 68 P.S. § 1103 of the Abandoned and Blighted Properties Conservatorship Act, 68 P.S. § 1101 et seq. (''the Act'').

 Note: The Abandoned and Blighted Property Conservatorship Act provides a mechanism to transform abandoned and blighted properties into productive reuse by authorizing the filing of a petition with the Court of Common Pleas by certain named interested parties seeking the appointment of a Conservator who will be authorized to take possession of the property, undertake its rehabilitation, and as appropriate, ultimately sell the premises unless reclaimed by the owner(s).

Rule 702. Contents of Petition for Appointment of Conservator.

 (1) The petition must name as respondent(s) the owner(s) of the property at issue.

 Note: The petitioner must undertake a substantial examination of the public record to determine all parties who may be deemed an owner and not merely rely on the last recorded deed.

 (2) The petition must contain the following:

 (a) The identity and addresses of all lienholders and other secured creditors of the owners, including judgment creditors of owners;

 (b) Street address of the property, including ZIP Code, extended ZIP Code, and tax parcel ID (block and lot number);

 (c) Proof that the proposed conservator is entitled to appointment pursuant to sections 1103, 1105(e), and 1111 of the Act;

 Note: The Court may request but is not limited to the following: a copy of the title report; a copy of any citations for municipal code violations; a copy of any citations declaring the structure a public nuisance; an affidavit supporting the petitioner's qualifications as a ''party in interest''; an affidavit of one or more neighbors on their firsthand knowledge of the vacancy and physical condition of the property; an affidavit outlining the petitioner's intent with the property, including whether the property will be designated for affordable housing; and/or an affidavit of one or more neighbors on whether appointment of a conservator would benefit the property.

 (d) A sworn statement that, to the best of the petitioner's knowledge, the property meets the conditions for conservatorship set forth within Section 1105(d) of the Act;

 (e) A proposed Order of Court; and

 (f) A notice of filing of a petition for the appointment of a conservator. (See Form 703, Notice of Filing of a Petition for the Appointment of a Conservator.)

 (3) In addition to the items identified in subparagraph (2) of this Rule, a non-profit acting as petitioner shall attach the following:

 (a) Proof that the nonprofit is operated within Allegheny County;

 (b) Proof that the nonprofit is eligible to receive a Certificate of Good Standing from the Pennsylvania Department of State; and

 (c) Proof that the nonprofit has passed a resolution authorizing the filing of the petition, and if seeking to serve as conservator, proof that it is authorized to perform all of the duties required of a conservator

 (4) A petitioner (other than a nonprofit corporation acting as a petitioner) shall attach proof that the petitioner is located within the 2,000 feet of the subject property.

Rule 703. Notification and Service of the Petition.

 (1) The petitioner shall conspicuously post the Notice of the Filing of the Petition, including the Allegheny County docket number, the Order and the hearing date, on the subject property pursuant to Section 1104(d)(1) of the Act. The Notice of the Filing of the Petition shall be substantially in the form set forth below (See FORM 703).

 (2) A copy of the Notice and Petition, including all exhibits, shall be served pursuant to the Act on the following individuals and entities:

 (a) The owner(s) of the subject property;

 (b) The solicitor of the municipality (political subdivision) in which the subject property is located;

 (c) The Allegheny County Law Department (445 Fort Pitt Blvd # 300, Pittsburgh PA 15219);

 (d) All municipal authorities known to have provided service to the subject property; and

 (e) All lienholders.

 (3) Except as set forth in subsection (a) below, service shall be made by registered or certified mail to each of the above individuals and entities at their last known address. If service cannot be completed by registered or certified mail, service must be completed in accordance with Section 1104(d)(2—5) of the Act.

 (a) Service may be effectuated by email upon any entity or individual that has agreed to accept service by email.

 (4) Proof of service of the Notice and Petition shall be filed with the Department of Court Records. Proof of service shall include an executed affidavit of service by posting and one of the following:

 (a) a signed return receipt of the certified or registered mail attached to an Affidavit of Service, or

 (b) an executed affidavit of personal service if service is completed by personal service, or

 (c) an affidavit filed by the serving party evidencing service by email pursuant to 3(a), or

 (d) by a filed acceptance of service by the party served, or

 (e) If service is made by alternative means pursuant to Order of Court, then proof of service shall be made pursuant to Pa.R.C.P. 430.

 (5) FORM 703—Notice of Filing of a Petition for the Appointment of a Conservator

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CIVIL DIVISION

,
Petitioner,		No.: CS
v.
,
Respondent.

NOTICE OF FILING OF
A PETITION FOR THE APPOINTMENT OF A CONSERVATOR

 A petition has been filed under the Abandoned and Blighted Property Conservatorship Act, 68 P.S. §§ 1101—1111 (2008), for appointment of a Conservator to take possession of and rehabilitate the property located at:

 _________________ Block & Lot No. _________________

 A hearing on the Petition for the Appointment of a Conservator will be scheduled by the Court. As required by local rule, the Petitioner shall serve or mail a copy of this Notice, the Petition for the Appointment of a Conservator together with all exhibits, and a copy of the court order scheduling a hearing. A copy of this Notice (without the Petition for the Appointment of a Conservator, exhibits or court order) will also be posted at the property.

YOU ARE RECEIVING THIS NOTICE BECAUSE PUBLIC RECORDS REVEAL
THAT YOU MAY BE ONE OF THE FOLLOWING:

 Owner of Property at issue. If you are the record owner or an owner claiming a right to title to the premises and want to be heard in this matter, you must file an answer and appear at the hearing. If you do not file an answer, the court may proceed without you and you may lose your rights to the property. A conservator may be appointed to take possession of the property, incur expenses that will be a lien against the property, and sell the property. You will still be responsible for your obligations as the owner, including expenses incurred by the conservator.

 Lienholder/Secured Creditors. If you are a lien holder or other secured creditor and want to be heard in this matter, you must file a petition to intervene and you may seek to be appointed as Conservator. If you do not file an answer, the court may proceed without you and you may lose your rights to the property. A conservator may be appointed to take possession of the property, incur expenses that will be a lien against the property, and sell the property. The conservator lien may have priority over your lien or other rights.

 Allegheny County/ Political Subdivision/ Municipality. As a political subdivision in which the property is located, you may file a petition to intervene may seek to be appointed as the conservator.

 You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office below to find out where you can get legal help.

Lawyer Referral Service
Allegheny County Bar Association
400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
Telephone: (412) 261-5555
https://www.getapittsburghlawyer.com/

 Lleve esta demanda a un abogado immediatamente. Si no tiene abogado o si tiene el dinero suficiente de pagar tal servicio, vaya en persona o llame por telefono a la oficina cuya direccionencuentra escrita abajo para averiguardonde se puede conseguir asistencia legal.

El Servicio de la Referencia del abogado
Asociación de Barra de Condado de Allegheny
400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
Telefónico: (412) 261-5555
https://www.getapittsburghlawyer.com/

 Note: The above Notice of Filing should be conspicuously posted on the property, prominently displayed on the property using a sign affixed to a stake that is no less than four (4) feet in height and displayed prominently on the front of the physical dwelling if such a building exists.

Rule 704. Answer to Petition and Petition to Intervene.

 (1) A respondent may file an answer to the petition.

 (2) A ''party in interest'' as defined by Section 1103 of the Act, seeking to intervene pursuant to Section 1105 of the Act, shall either file and serve a petition to intervene prior to the hearing date or attend the hearing.

 (3) A party in interest may file a motion to schedule an expedited pretrial conference to address the facts at issue with the parties and the Court. The assigned Judge may schedule a pretrial conference prior to the scheduled hearing if the conference will not disrupt the scheduled conservatorship hearing date.

 (4) A praecipe of appearance shall be filed and served on all parties for any attorney who intends to appear for or on behalf of a respondent or party in interest prior to the hearing for the appointment of the conservator.

Rule 705. Process for Scheduling a Hearing.

 (1) To obtain a hearing date on a Conservatorship case, the requesting party must do the following:

 (a) File a Motion to Obtain a Hearing with the Department of Court Records, and

 (b) Submit the Motion to Obtain a Hearing to conservatorshipcalendar@alleghenycourts.us.

 Note: The Motion to Obtain a Hearing will not need to be presented and argued unless oral argument is requested by any party in interest; it will be at the Court's discretion whether or not the hearing requested will be scheduled. If the Court has not acted on the Motion to Obtain a Hearing within twenty one (21) days, the Moving party is encouraged to email the conservatorshipcalendar@allegheny courts.us email inbox requesting that the Motion be ruled upon.

 (2) This rule applies to any hearings related to the Act requested by any party in interest.

 (3) Any Motion to Obtain a Hearing shall state clearly whether it is contested to the best of the filing party's knowledge at the time of the filing.

 Note: Identifying whether the Motion to Obtain a Hearing is contested may assist in determining whether a status conference or Rule to Show Cause hearing is necessary.

 (4) An Order scheduling a Status Conference or Rule to Show Cause hearing following the filing and submission of the Motion to Obtain a Hearing will be filed with the Department of Court Records, and the Department of Court Records shall serve the Order upon the parties pursuant to Pa.R.C.P. 236.

 (5) Any Motion to Obtain a Hearing filed pursuant to this Rule shall be served pursuant to Local Rule 703.

 (6) Any Motion for Alternative Service shall be presented to the General Motions Judge pursuant to the procedures set forth in Local Rule 208.3(a). The Motion shall substantially include the following, consistent with Pa.R.C.P. 430:

 (a) An affidavit stating the nature and extent of the investigation made to determine the whereabouts of the defendant and the reasons why service cannot be made. The affidavit shall set forth the movant's good faith effort to locate the respondent(s); good faith efforts include

 i. Inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265;

 ii. Inquiries of relatives, neighbors, friends, and employers of the respondent(s);

 iii. Examinations of local telephone directories, courthouse records, voter registration records, local tax records, local assessment records, and motor vehicle records,

 iv. A reasonable internet search;

 v. Lexis Public Records search;

 vi. Examination of the Allegheny County Orphan's Court/Registry of Wills for any estates filed on behalf of Respondent; and

 vii. Search for any obituaries of respondent.

 (b) A proposed order with the relief requested which includes posting and publication.

Rule 706. Hearing on Petition.

 (1) The petitioner must produce the following evidence at the hearing:

 (a) That the property meets the conditions for conservatorship set forth in Section 1105(d) of the Act;

 (b) Evidence of standing;

 (b) Proof of service that complies with these Local Rules, and

 (c) Schedule of encumbrances for certification under Section 11105(e)(1) of the Act.

 (2) Any party in interest who appears at the hearing may be permitted to present evidence to support or contest the petition.

 (3) The Court has discretion to permit a party in interest who has not filed an answer or other responsive pleading, including a petition to intervene, to do so or to postpone the hearing or permit said party in interest to participate in the hearing.

Rule 707. Conditional Relief. Respondent's Request for Period to Abate Conditions.

 If conditional relief is granted to permit the owner(s) a specified amount of time to remedy or remedy the conditions, the owner(s) must post a straight bond with the Allegheny County Department of Court Records per Section 1105(f)(3) of the Act in the amount of the estimated costs of repair outlined within the petition for appointment of conservator, unless the Court orders otherwise.

Rule 708. Appointment of a Conservator.

 If a conservator is appointed, the Order may set forth the powers, duties and obligations of the conservator, including requirements which must be met before the conservator may exercise any authorized powers and duties, such as securing any necessary bond and/or insurance and may also require the conservator, and any other individual(s) who must enter the premises to assist with the preparation of the final plan, to execute right of entry authorizations and provide certificates of additional insurance.

Rule 709. Declining Appointment as Conservator. Removal of Conservator.

 (1) At any time, the conservator may decline the appointment as conservator, and the petitioner may propose another competent entity to be appointed as the new conservator by submitting a Motion to Remove and Replace Conservator to the assigned Judge. The Court will schedule a hearing on the motion to determine whether the proposed conservator meets the definition of a ''competent entity'' pursuant to Section 1103 of the Act.

 (2) A conservator may be removed by the Court at any time upon the request of the conservator, or upon a motion by a party in interest alleging that the conservator is not carrying out its responsibilities.

 (3) After a hearing, the Court may find the conservator to be incompetent and appoint a competent entity as conservator or the Court may terminate the conservatorship.

Rule 710. Filing of Final Plan.

 (1) The petitioner may attach a proposed Final Plan for Abatement to the petition in lieu of a preliminary plan and the conservator may present the same at the initial conservatorship hearing.

 (2) The Final Plan for Abatement must fully comply with Section 1106(b) of the Act and shall specifically set forth the scope of work to be performed, financing details, and other relevant terms.

 (3) The Final Plan for Abatement may include a request to grant a lien or security interest with priority per Section 1108(b) of the Act and may also include a request to borrow funds to implement the Final Plan for Abatement.

 Note: Although petitioners may attach a proposed Final Plan for Abatement to the petition in lieu of a preliminary plan, and may present that Final Plan for Abatement at the initial conservatorship hearing, such methods may not allow adequate time for interested parties, heirs and others to object, interplead, and/or participate in the litigation. Rarely will it be appropriate for a petitioner to request the entry of the Final Plan of Abatement at the initial conservatorship hearing due to the extreme relief the petitioner is seeking, which may be to terminate the property rights of another who may not yet have notice of the petition.

Rule 711. Hearing on Final Plan and Court Approval.

 (1) If a Final Plan for Abatement is not presented at the initial conservatorship hearing, the conservator shall file with the Department of Court Records and serve on the parties a Final Plan for Abatement no less than thirty (30) days prior to the Final Plan for Abatement hearing date.

 (2) The conservator shall file a motion for a hearing on the Final Plan for Abatement with the Department of Court Records and serve said documents on all parties.

 (3) To obtain a hearing date on the Final Plan for Abatement, the conservator shall follow the procedures set forth in Local Rule 705.

 (4) If the proposed Final Plan for Abatement is denied, the conservator shall file an Amended Final Plan for Abatement, and comply with subsections (2) and (3) of this Local Rule to obtain a new hearing date. Once the Final Plan for Abatement is approved, no changes may be made unless authorized by the Court.

Rule 712. Status Reports.

 The Court may require status reports at least annually from the date of the appointment of a conservator.

Rule 713. Filing of an Account.

 Upon completion of the rehabilitation or demolition of the subject property, the conservator shall file a full account of all funds expended by the conservator. The account shall include a summary of actions taken by the conservator, and a detailed report verifying each of the items in the scope of work approved by the court was in fact completed and if it was not completed, the conservator shall provide sufficient justification for non-completion.

Rule 714. Conservator's Lien.

 (1) The conservator shall file a motion to obtain a hearing on the conservator's lien with the Department of Court Records and serve said motion on all parties.

 (2) To obtain a hearing date on the conservator's lien, the conservator shall follow the procedure set forth in Local Rule 705.

Rule 715. Sale of Subject Property. Distribution of Proceeds.

 (1) The conservator shall seek an Order to sell the property by submitting for an application for sale to the assigned Judge.

 (a) The conservator is required to obtain at least one (1) fair market value appraisal of the subject property.

 (b) The conservator must provide notice of the hearing in accordance with Local Rule 705.

 (2) The conservator shall follow the procedures set forth in Local Rule 705 to obtain a hearing date on the application for sale.

Rule 716. Request for Special Relief.

 (1) Any party in interest may request special relief during the pendency of a conservatorship action by filing a motion setting forth the special relief requested and following the procedures set forth in Local Rule 705.

Rule 717. Termination of Conservatorship.

 (1) To terminate a conservatorship, a conservator or any party in interest may petition the Court pursuant to Local Rule 705.

[Pa.B. Doc. No. 23-486. Filed for public inspection April 14, 2023, 9:00 a.m.]

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