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THE COURTS

Title 255--LOCAL
COURT RULES

BEAVER COUNTY

Objections to the Consolidated Return of the Tax Claim Bureau of Beaver County from an Upset Sale for Delinquent Taxes and Petitions to Disapprove a Private Sale; No. 10949 Misc. 2004

[34 Pa.B. 2987]

Standing Order of Court

   The provisions set forth in this order shall govern the procedure in (a) all Objections to the Consolidated Returnof the Tax Claim Bureau of Beaver County from an Upset Sale for Delinquent Taxes, (b) all Petitions to Disapprove a Private Sale of Property Not Sold Because of Insufficient Bid at the Upset Sale, (c) all Applications for Judicial Sale of Real Property, (d) all Requests to Prohibit Judicial Sales of Real Property, and (e) all Requests to Set Aside Judicial Sales of Real Property.

   As used in this Standing Order, an ''Objection'' is an Objection to the Sale of a Property at an Upset Sale for Delinquent Taxes (See 72 P. S. §§ 5860.601 through 5860.607), a ''Petition'' is a Petition to Disapprove a Private Sale of Property Not Sold Because of Insufficient Bid at the Upset Sale (See 72 P. S. §§ 5860.613 through 5860.615), ''Application'' is an Application to Sell Real Property at Judicial Sale (See 72 P. S. §§ 5860.610 through 5860.612), and ''Request'' is a Request to Prohibit a Judicial Sale of Real Property or a Request to Set Aside a Judicial Sale of Real Property (See 72 P. S. §§ 5860.610 through 5860.612).

   1.  The Prothonotary shall establish a special, separate numbering system and sequence to assign separate case numbers to the Consolidated Return of the Tax Claim Bureau of Beaver County from an Upset Sale for Delinquent Taxes, Objections, Petitions, Applications and Requests. The docketing of these matters shall be at the number assigned within this system and sequence. All Objections, Petitions, Applications, and Requests shall be assigned the next available docket number within this special, separate numbering system.

   2.  All Objections and Petitions shall contain a caption which designates it as an ''Objection'' or a ''Petition'' and which includes the identity of the delinquent taxpayer, the property address, the tax parcel number of the property and the name of the purchaser at the Upset or Private Sale. All Applications and Requests shall contain a caption which designates it as an ''Application'' or a ''Request'' and which includes the identity of the delinquent taxpayer, the property address, the tax parcel number of the property and the name of the purchaser, if any, at the Judicial Sale. These captions shall be substantially in the form set forth in Paragraphs 6, 7, 8, 9 and 10 of this Order.

   3.  The Prothonotary shall initiate and maintain an individual file folder for each Objection, Petition, Application, and Request as defined herein. The Prothonotary shall also continue to initiate and maintain an individual file folder for the Consolidated Return of the Tax Claim Bureau of Beaver County from an Upset Sale for Delinquent Taxes. Henceforth, these files will be maintained in the filing sequence and system specified herein.

   4.  The Court requests the Court Administrator, the County Solicitor and the Law Librarian co-operate to have this order and its attachments appended to the Local Rules that are published on-line.

   5.  If the County Solicitor, Tax Claim Bureau or any interested party correctly notifies a filer of a Petition, Objection, Application, or Request that the same is not in compliance with this Standing Order and provides a copy of this Standing Order with that notice, the filer will have 10 working days in which to file an amended Petition, Objection, or Application that complies. If such amendment is not filed, the filer may be subject to sanctions.

   6.  Illustration of Caption for Objections:

IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY, PENNSYLVANIA

JOHN DOE,:CIVIL DIVISION
:
      Objector:
:Upset Tax Sale
V.:Objections
:
BEAVER COUNTY--TAX CLAIM BUREAU:
_________________:No. XXX57 of 2004
:
IN RE::
:
CONSOLIDATED RETURN OF THE TAX:
CLAIM BUREAU OF THE COUNTY OF:
BEAVER FROM THE SEPTEMBER X, 20XX:
UPSET SALE FOR DELINQUENT TAXES:
:
:
:
   SUBJECT PROPERTY: Beaver County Tax Parcel # 99-002-4444.000-01-1
ADDRESS OF SUBJECT PROPERTY: 321 High Street, Ohioville, PA 15XXX
PUTATIVE PURCHASER: R. Smith

OBJECTIONS TO UPSET TAX SALE OF PROPERTY

   7.  Illustration of Caption for Petitions:

IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY, PENNSYLVANIA

JOHN DOE,:CIVIL DIVISION
:
      Petitioner:
:Petition to Disapprove
V.:Private Sale
:
BEAVER COUNTY--TAX CLAIM BUREAU:
_________________:No. XXX57 of 2004
:
IN RE::
:
PRIVATE SALE OF REAL PROPERTY:
PURSUANT TO 72 P. S. § 5860.613:
:
:
:
:
:
   SUBJECT PROPERTY: Beaver County Tax Parcel # 99-002-4444.000-01-1
ADDRESS OF SUBJECT PROPERTY: 321 High Street, Ohioville, PA 15XXX
PUTATIVE PURCHASER: R. Smith

PETITION TO DISAPPROVE A PRIVATE SALE OF PROPERTY UNSOLD BECAUSE OF
INSUFFICIENT BID AT THE UPSET SALE

   8.  Illustration of Caption for Applications:

IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY, PENNSYLVANIA

:CIVIL DIVISION
:
:
IN RE::Application for Judicial
:Sale of Real Property
APPLICATION OF THE BEAVER COUNTY:
TAX CLAIM BUREAU TO CONDUCT A:
JUDICIAL SALE OF REAL PROPERTY:No. XXX57 of 2004
PURSUANT TO 72 P. S. § 5860.613 ON:
XXXXXX, XX, 20XX:
:
:
:
:
:
:
:
:

APPLICATION FOR PERMISSION TO CONDUCT A JUDICIAL SALE OF REAL PROPERTY

   9.  Illustration of Caption for Request to Prohibit Judicial Sale:

IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY, PENNSYLVANIA

JOHN DOE,:CIVIL DIVISION
:
      Requester:
:Request to Prohibit
V.:Judicial Sale of
:Real Property
BEAVER COUNTY--TAX CLAIM BUREAU:
_________________:No. XXX57 of 2004
:
:
IN RE::
:
APPLICATION OF THE BEAVER COUNTY:
TAX CLAIM BUREAU TO CONDUCT A:
JUDICIAL SALE OF REAL PROPERTY:
PURSUANT TO 72 P. S. § 5860.613 ON:
XXXXXX, XX, 20XX:
:

__________

   SUBJECT PROPERTY: Beaver County Tax Parcel # 99-002-4444.000-01-1
ADDRESS OF SUBJECT PROPERTY: 321 High Street, Ohioville, PA 15XXX
CURRENT OWNER: R. Smith

REQUEST TO PROHIBIT A JUDICIAL SALE OF REAL PROPERTY

   10.  Illustration of Caption for Request to Set Aside a Judicial Sale:

IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY, PENNSYLVANIA

JOHN DOE,:CIVIL DIVISION
:
      Requester:
:Request to Set Aside
V.:Judicial Sale of
:Real Property
BEAVER COUNTY - TAX CLAIM BUREAU:
_________________:No. XXX57 of 2004
:
:
IN RE: :
:
APPLICATION OF THE BEAVER COUNTY:
TAX CLAIM BUREAU TO CONDUCT A:
JUDICIAL SALE OF REAL PROPERTY:
PURSUANT TO 72 P. S. § 5860.613 ON:
XXXXXX, XX, 20XX:
:

__________

   SUBJECT PROPERTY: Beaver County Tax Parcel # 99-002-4444.000-01-1
ADDRESS OF SUBJECT PROPERTY: 321 High Street, Ohioville, PA 15XXX
PUTATIVE PURCHASER: R. Smith

REQUEST TO SET ASIDE A JUDICIAL SALE OF REAL PROPERTY

   11.  Any party filing an Objection, Petition, or Request shall serve a true and correct copy of the same upon the Beaver County Solicitor's Office, the Beaver County Tax Claim Bureau, and any putative purchaser within 10 working days of the filing. The filing party shall also file a written and verified proof of such service.

   12.  This Order shall be effective thirty (30) days after publication in the Pennsylvania Bulletin. The Prothonotary shall submit certified copies of this order as follows:  seven (7) to the Administrative Office of Pennsylvania Courts; two (2) tothe Legislative Reference Bureau for publication in the Pennsylvania Bulletin; one (1) with the Civil Procedural Rules Committee of the Pennsylvania Supreme Court; one (1) with the Law Library of Beaver County; and one (1) shall be kept continuously available for public inspection and copying in the office of the Prothonotary of Beaver County.

By the Court

ROBERT E. KUNSELMAN,   
President Judge

[Pa.B. Doc. No. 04-998. Filed for public inspection June 11, 2004, 9:00 a.m.]



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