Rule 5002 - Zoning And Local Agency Appeals(a) This rule shall apply to all zoning and land use appeals filed under and pursuant to the Pennsylvania Municipalities Planning Code and to any appeal from any decision or determination of any political subdivision or municipal or other local authority, or any officer or agency of any such political subdivision or local authority. All such local bodies are referred to herein as the "Local Agency." (b) Upon the filing of any appeal requiring the Local Agency to certify and return to the Court the record made before it in the matter under appeal, the Prothonotary or Clerk shall forthwith, as of course, send to the Local Agency whose decision or action has been appealed, by registered or certified mail, a copy of the Notice of Appeal, together with a Writ of Certiorari commanding the said Local Agency, within twenty (20) days after receipt thereof, to certify to the Court its entire record in the matter in which the appeal has been taken, or a true and complete copy thereof, including any transcript of testimony available to the Local Agency at the time it receives the Writ of Certiorari. (c) Notice of appeal shall be given as follows:(i) In the case of Zoning and Land Use Appeals, if the appellant is a person other than the landowner of the land directly involved in the decision or action appealed from, the appellant, within seven (7) days after the appeal is filed, shall serve a true copy of the Notice of Appeal by mailing the said Notice to the landowner or his attorney at his last known address. For identification of such landowner, the appellant may rely upon the record of the Local Agency and, in the event of good faith mistakes as to such identity, may make such service nunc pro tunc by leave of Court.(ii) In all appeals, within seven (7) days of the filing of an appeal, if the Local Agency is not a party appellant or appellee, the appellant shall notify the Local Agency, in writing, of the date of fling such appeal and shall attach to such notice a copy of the Notice of Appeal, as fled.(d) The record submitted to the Court by the Local Agency in compliance with the Writ of Certiorari shall include (1) the proof of publication; (2) a complete copy of the ordinance, map and/or regulation under which the determination of the Local Agency was made, certified by counsel for the Local Agency or other Local Agency official to be the ordinance, map or regulation in effect when the decision was rendered or action taken which is the subject of the appeal; (3) the transcript of the proceedings before the Local Agency; and (4) all exhibits. The record shall be accompanied by a document entitled "Return of the Record'', which shall list the contents of the record. Within five (5) days of the filing of the record with the Prothonotary, the attorney for the Local Agency or an official thereof shall give written notice to the appellant and intervenor, if any, or their attorneys of record of the date of such filing, and shall serve therewith a true copy of the Return of Record. (e) Whenever an appeal is taken from a Local Agency decision or determination and the record is returned by the Court to the Local Agency for further proceedings, and a subsequent appeal is taken in the same case, the number of the original appeal shall be set forth in the notice of the subsequent appeal filed with the Prothonotary or Clerk, who shall docket and file the subsequent appeal under the number of the original appeal. (f) Within thirty-one (31) days of the filing of the returned record, the appellant shall file a supporting Brief and a Praecipe for De-termination. Appellee and any intervenors shall have thirty (30) days from the receipt of the appellant's Brief to file a reply Brief. The assigned Judge, in his discretion, may extend the time for filing of Briefs. Comment: See C.C.R.C.P. 206.6 for the form of Praecipe for determination.
(g) If the appellant fails to file his Brief within the time prescribed by these rules, or within the time as extended, the appellee or intervenor may move for dismissal of the matter. Such motion shall be served in accordance with these rules upon the appellant, who may file and Answer thereto, and the motion shall be thereafter determined by the Court as it deems just and proper. If an appellee or intervenor fails to file his brief within the time prescribed by these rules, or within the time as extended, the Court may consider such appellee or intervenor to have abandoned his position, and will proceed to dispose of the appeal on the merits.