Pittsburgh Lawyers, Injury, Business, Real Estate, Flaherty Fardo

Allegheny County Ignores Appeal Results & Sends Wrong Tax Bills.

Noah Paul Fardo — Mon, 11 Mar 2013 00:37:25 +0000

If you thought winning your tax appeal was going to reduce your Allegheny County property tax bill, you were wrong. At least on paper.

Allegheny County Sends Wrong Tax Bills.

Allegheny County has made yet another blunder concerning the 2013 property tax reassessments. A blunder that is leaving thousands of property owners once again frustrated about the tax appeals process.

This time, Allegheny County sent out almost 600,000 property tax bills and apparently has ignored tax appeal results from as far back as December 2012 or even earlier.

This means that property owners, who actually won their appeals, are not receiving accurate property tax bills for 2013.

If we all recall, the purpose of conducting the reassessments last year (in 2012) was so that property owners could appeal their new assessments before the property taxes were actually due.

Over the last two weeks, our office has been inundated with calls and emails from clients who won their appeal and yet are still being billed at the original 2013 assessment amount. The same is happening to colleagues that I have spoken with.

When we researched why this was happening it seems that the county is updating the assessment site in a reasonable fashion, but there is still a delay between the assessment office and the treasurer’s office.

In short, even cases that have been updated with correct property assessments on the county website in January, are still receiving the wrong property tax bill in March.

A nominal delay between the final decision of a tax appeal and the bill itself might be acceptable. But what we have found is that there are numerous cases that were resolved months ago that still do not have the correct tax bills.

The county needs to immediately implement a system that once an appeal is finalized, the treasurer’s office is also updated.

What Should Property Owners do?

If you won your tax appeal, and are receiving an incorrect tax bill, you basically have 3 options:

1. First, you can pay on the higher (incorrect) amount, and then wait for a refund from the taxing entity. The refund process typically takes 60 to 120 days or longer and seems manifestly unjust under the circumstances.

2. Second, you can contact the Allegheny County treasurer’s office (412.350.4100) and ask them to send you the correct bill. Of course you may or may not need to send documentation of the reduction.

3. Third, and the course of action which we are recommending to our clients, is to only pay on the reduced (correct) amount and attach a copy of the recent decision to the tax bill when you send it in.

Be careful about the tax exemptions which may or may not affect the property, and if you have any questions, please feel free to call us.

If you have any additional questions about property assessments, or would like a free consultation about your property tax appeal case, please feel free to contact Attorney Noah Paul Fardo or Attorney Nicole Hauptman at (412) 802-6666, or email our office at info@pghfirm.com.

This article is written for entertainment purposes only. It should not be relied upon for legal advice, and in no way does this article create an attorney/client relationship. We only represent individual(s) once there is a signed representation and fee agreement in place. Please read full legal Disclaimer.

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2013 Allegheny County Assessment Updates

Nicole Hauptman — Sun, 27 Jan 2013 21:52:49 +0000

1.27.13 Allegheny County Assessment Headlines:

This article will provide readers with the latest updates concerning the Allegheny County assessments. The latest three developments are as follow:

The City of Pittsburgh’s proposed 30% decrease for 2013 millage rates.
County Executive Rich Fitzgerald’s proposed legislation,which would provide property owners with a second chance to appeal their 2013 assessment value.
The class action lawsuit that was filed last week on behalf of property owners against the Board of Property Assessments Appeals and Review (BPAAR) and Allegheny County.

Each of these topics is discussed below.

1. The 2013 Proposed Millage Rates in the City of Pittsburgh

The City of Pittsburgh confirmed this week that the 2013 millage rates across Allegheny County are going to be decreased as a result of the reassessment.

Legally, taxing entities are not permitted to realize more than a 5% increase in real estate tax revenue in any given reassessment year. Because of this anti-windfall statute, taxing entities across the County have been scrambling to determine the accurate assessment values in their area so they can meet the deadline in setting their respective millage rates.

This has been especially difficult as thousands of Allegheny county assessment appeals are still pending. While most school districts and municipalities run on a fiscal year from July 1st through June 30th, the City of Pittsburgh runs on a traditional calendar year. Because the City was required to reduce their millage rates first, this is a strong indicator that school districts and municipalities throughout the County will follow suit.

The 2013 millage rate for Allegheny County itself was reduced from 5.69 mills in 2012 to 4.73 mills in 2013. Earlier this week, Mayor Luke Ravenstahl proposed a 2013 City of Pittsburgh budget that would reduce the taxation rate for City properties from 10.8 mills in 2012 to 7.56 mills in 2013. On Wednesday, the Pittsburgh School District released its proposed 2013 budget, following suit by proposing a reduction from 13.92 mills in 2012 to 9.65 mills in 2013. Both the City of Pittsburgh, and the City of Pittsburgh School District are legally required to finalize their 2013 millage rates by January 31, 2013.

So what does this mean for property owners? It means that at least in the City of Pittsburgh, many property owners will see their overall taxes reduced in 2013. This should also give hope to property owners in the surrounding areas, because this is a good indicator that similar large reductions are likely in other school districts and municipalities.

2. Rich Fitzgerald’s Proposed Legislation – Another Chance to Appeal in 2013?

Last week, Rich Fitzgerald announced legislation that would provide both property owners and taxing entities another chance to appeal 2013 Allegheny County assessment values.

This one-time amendment would alter the administrative code in 2013, essentially allowing property owners and school districts a second bite of the apple. If this legislation is passed, property owners will have until April 1, 2013, to file an appeal of their 2013 assessment value regardless of whether or not they appealed this same value in 2012.

If this legislation is not passed, property owners will have to wait until 2014 to file an appeal. Based on the initial reaction to this proposed amendment, it appears that council will approve this proposal.

Ultimately, this is the right outcome for property owners. This is especially true for people who purchased property in 2012, or missed the 2012 appeal deadline for legitimate reasons. Presently, the only way to file a late appeal is to appear in front of Judge Wettick. This requirement is nerve-racking and inconvenient for property owners who are not familiar with the judicial process and have difficulties arranging transportation to get downtown. Allowing 2013 appeals this year would make the process much easier for everyone involved.

3.Class Action Lawsuit Brought on Behalf of Property Owners

On January 7, 2013, a class action lawsuit was brought against Allegheny County and the Board of Property Assessments Appeals and Review (the “BPAAR”) by 11 property owners. The BPAAR is the legislative government body who was tasked with managing the 100,000 appeals filed in 2012, and also the body that is required to approve the decision for each of these appeals.

This lawsuit mainly focuses on the frustration of property owners who obtained certified appraisals for their 2013 appeals, and did not receive reductions after their appraisals were presented as evidence in their formal property appeal hearings. In many of these cases, these appraisals were not refuted by any evidence supplied by the school district or municipality. The lawsuit also requests that hearing officer reports (notes made by the hearing officer during the hearing and containing their recommendation of value based on the evidence) be sent along with the decision to property owners.

Overall, it will be interesting to see how this lawsuit will play out. While there is a relative lack of transparency in the Allegheny County assessment appeals process, requiring that an appraisal value be accepted carte blanche seems equally problematic. As the recent mortgage crisis illustrates, appraisal values are not always the best evidence of fair market value. If the appraisal value is not well-supported by the evidence, it would not make sense that the value must be accepted without any further examination into the value.

If you have any additional questions about property assessments, or would like a free consultation about your property tax appeal case, please feel free to contact Attorney Noah Paul Fardo or Attorney Nicole Hauptman for a free consultation at (412) 802-6666, or email our office at info@pghfirm.com.

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Flaherty Fardo Announces Hiring of Attorney Stephanie L. Fera

Shawn T. Flaherty — Wed, 12 Dec 2012 17:54:52 +0000

Flaherty Fardo, LLC, a Pittsburgh law firm, is pleased to announce the hiring of attorney Stephanie L. Fera. A graduate of the University of Pittsburgh School of Law, Ms. Fera served as executive editor of the University of Pittsburgh Law Review. She worked as a law clerk for Flaherty Fardo from February, 2011 until her admission to the Bar of the Commonwealth of Pennsylvania in October, 2012.

Her practice areas include business, employment, and injury litigation. She assists our business clients with contract review, contract disputes, collection of Pennsylvania debts, and employment related issues. In addition, she routinely reviews both Pennsylvania medical malpractice and personal injury cases.

Attorney Fera is an honors graduate of the University of Pittsburgh School of Law. She also worked for the law school as a teaching assistant in legal writing and was a certified legal intern in the university’s Health Law Clinic, where she helped indigent clients with Social Security Disability appeals and guardianship issues.

Ms. Fera is a native of St. Marys, Pennsylvania, but has called Pittsburgh home since 2006. She is a Pittsburgh sports enthusiast and an avid Steelers fan.

Ms. Fera can be reached via email at slf@pghfirm.com or by calling 412.802.6666.

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Allegheny County Assessments News and Updates

Noah Paul Fardo — Mon, 26 Nov 2012 01:23:02 +0000

Here are some of the latest Allegheny County property assessment headlines as of November 25, 2012.

11/9/12: County Executive Fitzgerald Fires BOTH Assessment Managers.

County Executive Rich Fitzgerald has fired both the Chief Manager and the Appeals Manager of the Allegheny County Office of Property Assessments. The county is under a court ordered deadline of December 17, 2012, to finish all residential appeal hearings. Many commercial hearings may not be scheduled until 2013. Critics are questioning the timing of the firings.

Opinion: This is a risky move for the county. The appeals office overall has done very well in handling the large volume of appeal hearings. However, changing leadership as the court order deadlines loom may hurt the efficiency of the OPA office, as well as the morale of the staff. It will be interesting to see if the county tries to use these firings as a basis for not being able to comply with future court orders concerning the reassessments.

11/16/12: Allegheny County to Reduce Millage Rate Back Down to 4.73.

County Executive Rich Fitzgerald has proposed a 17% drop in the county millage rate for 2013. The millage rate would reduce from 5.69 to 4.73. What many people still do not know though, is that the county raised the millage rate in 2012 almost 20 percent from 4.69 to 5.69. The county thus kept basically the same millage rate and reaped the benefit of the reassessment increases.

Opinion: The county cleverly preempted the Pennsylvania wind-fall statute. State law forbids any taxing entity from collecting more than a 5% wind-fall in real estate revenue in any given reassessment year. By raising the millage rates 20% in 2012, the county was able to reduce millage rates in 2013 without having to actually off-set any additional monies received from the increased reassessments. In other words, the county raised property taxes 17% in a reassessment year.

11/16/12: Allegheny County Allowing Some Assessment Appeals to Be Negotiated Causes Controversy.

Since late October 2012, the Allegheny County Board of Property Assessment Appeals and Review, for the first time ever, has been allowing taxing entities and property owners to settle the assessment appeals prior to the actual formal hearing. This rule was only instituted after about one-half of the appeals had already been heard. The Office of Property Assessment recently created a form agreement which can be used between taxing entities and property owners to help reduce the case-load the county is handling.

Opinion: While there certainly may be a benefit to settlement talks prior to the first hearing, it is not fair to property owners to have different rules depending upon when their hearing was scheduled. Regardless, we typically recommend not entering into settlement negotiations unless the case is appealed to the BOV. Personally, I prefer to win the first hearing at the BPAAR and then only negotiate if the school appeals. Of course, each case is unique, but I believe the school, (if they choose to settle early) are not just arbitrarily agreeing to significant reductions, and it can be more advantageous to negotiate from a position of strength if you can win the first hearing and the school is forced to appeal.

11/19/12: Request to Lower Property Assessments in Poorer Communities Denied.

Judge R. Stanton Wettick has denied a request to lower hundreds of thousands of property assessments in poorer neighborhoods.

If you have any additional questions about property assessments, or would like a free consultation about your property tax appeal case, please feel free to contact Attorney Noah Paul Fardo or Attorney Nicole Hauptman for a free consultation at (412) 802-6666, or email our office at info@pghfirm.com.

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Judge Denies Request to Lower Assessments

Nicole Hauptman — Tue, 20 Nov 2012 16:31:01 +0000

Judge R. Stanton Wettick has denied a request to automatically lower hundreds of thousands of property assessments in poorer neighborhoods. Attorney Don Driscoll argued that a recent independent study demonstrated that poorer neighborhoods were paying more than their fair share. The motion was denied because the court determined that the Pennsylvania Supreme Court did not intend to allow the court to consider the “fairness of the assessments”, only the procedure for conducting it. The court wrote: “It does not provide for judicial oversight with respect to issues regarding the fairness of a reassessment.”

Mr. Driscoll, the attorney who initiated the reassessment through a lawsuit, now argued that the new assessment values should be revised, because approximately 300,000 properties in Allegheny County are overassessed as a result of the new assessment values, and properties in low-income areas were erroneously given higher percentage increases than homes in wealthier communities.

Allegheny County argued that although these new values are not perfect, “The Supreme Court has repeatedly recognized that taxation is not a matter of exact science and that absolute equality or perfect uniformity is not necessary to satisfy the constitutional requirements of uniformity and equal protection.” The County then noted that the appeals process will continue year after year, so these values will always be shifting.

The County is currently under a Court Order to calculate the new total value for real estate assessments by December 17, 2012. School and local taxing entities need this information to calculate their millage rates for 2013. The County is currently in the process of proposing its 2013 budget, and should have a tentative 2013 millage rate by the end of the year.

As the impact of this ongoing litigation looms, the Office of Property Assessments continues to hear up to one thousand appeals every day in an attempt to complete the appeals process by the end of the year. Though the majority of appeals have already been heard, there are still approximately 15,000 appeals that have not been heard at this point. Appeal hearings will be scheduled through the end of the year, and the likelihood that the Office of Property Assessments will be able to complete all decisions by the end of the year is extremely small.

Property owners who have already attended hearings should expect to receive the decision from this appeal in approximately 2-3 months. Property owners who are dissatisfied with this decision have thirty days from the “Mailing Date” listed on this decision to file an appeal to the Board of Viewers.

If you have any additional questions about property assessments, or would like a free consultation about your property appeal case, please feel free to contact Attorney Noah Paul Fardo or Attorney Nicole Hauptman for a free consultation at (412) 802-6666, or email our office at info@pghfirm.com.

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Flaherty To Speak About Pittsburgh Businesses and The Art of Negotiation

Nicole Hauptman — Fri, 28 Sep 2012 01:59:42 +0000

For Immediate Release:

Attorney Shawn T. Flaherty will be a guest lecturer at a legal seminar focusing on Pittsburgh business issues; including contracts, disputes and the art of settlement. Flaherty was asked to speak at the LawReview Continuing Legal Education course at the Omni William Penn in downtown Pittsburgh on November 13, 2012, beginning at 9:00 a.m. Tickets for admission may be purchased online at LawReview CLE.

Flaherty, a former Pennsylvania State Representative, is the founding partner of Flaherty Fardo, LLC, a Pittsburgh law firm, focusing on business, real estate and personal injury litigation. He has 25 years of business and trial experience in both the state and federal courts.

While Flaherty enjoys litigation, his best skills are believed to be in the art of negotiation. Flaherty’s reputation is known for helping to resolve even the most contentious of lawsuits. He has saved his business clients hundred of thousands of dollars by working to resolve matters through his skills as a negotiator.

Flaherty is also the lead general counsel for Day Automotive Group, one of Western Pennsylvania’s largest automotive dealerships.

Flaherty’s upcoming presentation will help other lawyers learn the essentials of business dealings, contracts and negotiations. He will also share stories of past conflicts and the creative ways in which he was able help promulgate resolution.

Flaherty will also speak about considerations for common contracts; Asset Purchase and Sales Agreements; Employment Contracts; Independent Contractor Agreements; NDA/Confidentiality Agreements; and Commercial Leases.

If you have any questions about the seminar or legal questions concerning Pittsburgh business issues, please feel free to call Attorney Shawn Flaherty directly at 412.802.8366.

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Should Commercial Property Owners Bypass the First Hearing?

Noah Paul Fardo — Wed, 26 Sep 2012 01:51:37 +0000

Tax Appeals For Commercial Property Owners:

This article should help commercial property owners understand the advantages and disadvantages of entering the commercial bypass process. On September 24, 2012, Allegheny County sent a letter to all commercial property owners who have a pending 2013 tax appeal with new assessments exceeding one million dollars.

This letter was a direct result of Judge R. Stanton Wettick’s prior Order creating an expedited system to give select commercial property owners a chance to appeal the 2013 assessments before the 2013 property taxes are actually due. The county letter indicated that the Board of Property Assessment (BPAAR) received over 14,000 commercial appeals, and that because of the complexity of the commercial appeal process, there is no guarantee that all 2013 appeals will be heard before the 2013 taxes are due.

The Advantages:

The advantage of participating in the commercial bypass process is to expedite the appeal.

Once a bypass application is completed, the appeal is immediately transferred to the Court of Common Pleas of Allegheny County (Board of Viewers or BOV) and a conciliation is expected to be scheduled within 6 months or less. Theoretically, this means that you may be able to finish the entire 2013 appeal process and lower your 2013 assessment before the 2013 taxes are due. This advantage is a great option for anyone who has serious financial concerns about their ability to timely pay on the new 2013 assessment pending a potentially lengthy appeal.

Expediting the appeal is basically the only advantage of bypassing the first level hearing, but it is not always the best financial decision. Once a case is assigned to the BOV, the attorneys for the taxing entities now have time to order appraisals and can send discovery requests to the property owners. Thus, there are disadvantages.

The Disadvantages:

By using the commercial bypass option, commercial property owners are automatically agreeing that they lose the first level (BPAAR) hearing. Allegheny County has indicated that once a bypass application is filed, the county will then send a notice sustaining the current assessment and the property owner will have to pay a $106.00 appeal fee.

The problem is that the first level hearing is often the best opportunity to obtain the lowest reduction, and it is hard to advise clients that they should consent to losing the first hearing. Especially considering, that commercial property owners are given the opportunity to present an appraisal and/or other evidence without ever having to share it with the taxing entities beforehand. This means that you gain the element of surprise with your evidence. Also, taxing entities will not have any time to prepare for cross-examination of your evidence and typically have zero evidence prepared to present at the BPAAR.

Also, if you are able to obtain a large reduction, there is no guarantee that any of the taxing entities will timely file a second appeal, meaning the case is over. This means that sometimes commercial property owners can receive large assessment reductions at the first level, with minimal scrutiny and/or appeals from the taxing entities.

My Opinion:

I have always been a strong advocate of using the entire appeals process if possible. I have had many cases where we have won significant reductions at the BPAAR, which were never appealed by the school district to the BOV because they simply missed it. Sometimes, the taxing entities miss filing a second appeal, even when they meant to and if you choose the bypass process, you lose that opportunity.

If you can afford to pay the additional property tax increase, without impacting your own finances or causing financial strain to your tenants, then I prefer to use the entire appeals process and decline the County’s offer to bypass the BPAAR hearing.

However, if the new 2013 assessment is going to have a significant impact on your own short-term finances or those of your tenants, then I will sometimes recommend bypassing the BPAAR hearing and moving directly to the BOV. This is a complicated decision that needs to be jointly made with your counsel.

If you are a commercial property owner and have questions about the commercial bypass procedure or an Allegheny County property assessment issue, please feel free to call attorneys Noah Paul Fardo or Nicole Hauptman for help at (412) 802.6666 or email us at info@pghfirm.com.

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Status Update for Allegheny County Property Assessments

Nicole Hauptman — Sun, 09 Sep 2012 22:55:25 +0000

This article will update readers on the status of the Allegheny County property reassessments as of September 9, 2012.

The Formal Hearings:

The formal hearings for the 2013 property tax appeals are in full swing at the Allegheny County Office Building in downtown Pittsburgh. The Office of Property Assessments is under Court Order to hear and adjudicate all 2013 property tax appeals by December 2012. As of September 2012, it appears that Allegheny County will be able to comply with the Honorable R. Stanton Wettick’s Order setting the completion date.

The County is employing up to fifty contracted hearing officers every day (including some Saturdays) to hear up to one thousand scheduled hearings per day.

Due to the large volume of hearings, there have been various problems reported in the amount of advance notice to property owners. While hearing notices are typically sent out to property owners at least ten days prior to a hearing, many property owners have been receiving these notices just days prior to the hearing, leading to obvious frustration and conflicts of schedules. Property owners who have not yet received a hearing notice regarding a filed 2013 tax appeal should be diligent in checking their mail and/or in contacting the Allegheny County Office of Property Assessments.

Property Owners are Still Making Mistakes.

There have been two consistent mistakes being made at the formal appeal hearings by property owners.

The first mistake deals with the type of documentation that property owners are presenting as evidence. Many property owners continue to present information about other assessed values on their streets or in their neighborhoods. While this certainly seems relevant, this information will not be very persuasive in an argument for an assessment reduction. The hearing officers are concerned with the current fair market value of the subject property, not how under-assessed your neighbors may be.

Of course there are times when comparing assessments may be relevant in the overall presentation of the case. However, it should NEVER be the sole basis for the appeal, and property owners MUST focus on fair market value of the subject property. Comparable sales establishing fair market is still the best evidence to obtain a reduction.

The second mistake made by property owners is that many people are getting upset during these hearings and taking out this frustration on the hearing officer. I have personally heard many situations where the hearing officer has attempted to calm down the property owner. There have even been instances where the Allegheny Sheriff has been called to escort property owners out of the hearing rooms.

Although it may seem like an obvious tip, the importance of a good attitude and demeanor of a property owner at a tax appeal hearing cannot be overemphasized. Property taxes are certainly a stressful topic, but directing that emotion at a hearing officer is not only misguided, but will most often harm your case. The hearing officer had no part in issuing the reassessment values. They are employed for the sole purpose of making a recommendation or correction to the Board about what the current fair market of the subject property is. Approaching the formal hearing with a courteous and considerate attitude can not be underestimated when presenting your case.

What’s Next?

All of the decisions for 2013 property appeals are required to be decided and sent out to property owners by December 2012.

Following a formal hearing, it is estimated that a decision will be issued within 60 to 120 days. It is very important for all property owners to remember that if they are not satisfied with the BPAAR decision that an appeal to the Court of Common Pleas ( the Board of Viewers – BOV) can be filed within 30 days of the mailing date listed on the official Notice of Disposition.

Property owners should be careful when appealing to the BOV, because contrary to the BPAAR, a property owner cannot withdraw a BOV without the taxing entities consent. Any time an appeal is filed to the BOV, the assessment can be sustained, lowered and/or raised. Therefore, property owners need to make sure they have a viable case for a reduction, prior to filing the BOV appeal.

If you have any questions concerning an Allegheny County property assessment issue, please feel free to call attorneys Nicole Hauptman or Noah Paul Fardo for help at (412) 802.6666 or email us at info@pghfirm.com.

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Handling the Botched Breast Augmentation Case

Noah Paul Fardo — Tue, 21 Aug 2012 01:18:57 +0000

Over the last 10 years, I have helped numerous women recover substantial monies from medical malpractice claims involving plastic and cosmetic surgery errors. I have also made a mistake or two in accepting these types of specific cases. This article will provide some advice to fellow lawyers on what to consider when reviewing a potential botched breast augmentation.

Breast augmentations involve a variety of surgeries including breast implants, breast lifts, breast reductions and breast implant removals. Over the last decade, the amount of breast augmentations in the U.S. has risen over 40% to almost 400,000 annually. With the increase in surgeries, there has also been an increase in the overall number of mistakes and fatalities.

Here are three basic rules for screening potential botched breast augmentation cases.

RULE #3: Understand the bias.

Most breast surgeries are elective. It is very easy for defense lawyers to argue that your client chose this ‘elective’ procedure. Defense attorneys may further insinuate that by electing this procedure your client is vain, and should not be awarded money for trying to improve their physical appearance.

You need to prepare early on to overcome this bias. Client screening, as in all medical malpractice cases, is essential. Clients with multiple plastic surgeries over an extended period of time face the most difficulties. Young, single, attractive females, or mothers opting for augmentation after children, may be the most sympathetic clients.

Regardless, you need to ask potential clients tough questions about why they chose this elective procedure. In screening these cases, I will often cross-exam the clients early in the interview process to learn their true unprepared response. You do not want to accept a plastic surgery case without thoroughly vetting potential clients and their life history.

RULE #2: Research the defendant’s training.

Once I think I have an acceptable client, I will immediately review all on-line information and publications about the defendant. Plastic surgery cases are different than regular medical malpractice cases, whereby there are an increasing number of non-plastic surgeons performing plastic surgery, especially involving the breasts.

Many times, family practitioners and/or OB/GYN doctors will offer services for breast augmentations. Weekend classes are offered by non-plastic surgeons to help other non-plastic surgeons experiment with plastic surgery. If it sounds scary, it’s because it is.

The USA Today recently did a three part series on the issue of non-qualified surgeons attempting plastic surgery. (See Lack of training can be deadly in cosmetic surgery, whereby our Pittsburgh law firm was interviewed about our recent experiences.)

I have also handled cases whereby hospitals have allowed these non-qualified physicians to attempt plastic surgery without proper credentialing. This is important because it means a mediocre case can become a great case, if the hospital or surgery center should never have allowed the doctor to perform the surgery in the first place. Of course, reviewing the records in detail is crucial, but as important is reviewing the experience and credentials of any prospective doctor defendant.

RULE #1: Don’t be fooled by the pictures.

I have reviewed many cases with horrific photos. The reality is that I only considered about 20% meritorious cases and only accepted about half of those. However, I have made the mistake, albeit several years ago, of seeing horrific photos of breasts in a medical malpractice case and believing that the image would be strong enough to warrant accepting the claim. The reality is a bad result does not equal a case in plastic surgery. There are increased inherent risks in plastic surgery, whereby patients can have awful results without a deviation from the acceptable standard of care.

I have also learned that it can be difficult to find board certified plastic surgeons to testify against fellow plastic surgeons (especially board certified), simply because of a bad outcome. Board certified plastic surgeons are a tight-knit fraternity, and less then 3,000 exist nationwide. They are reluctant to testify against each other, and worse are fearful of repercussion from the ASPS (American Society of Plastic Surgeons). The ASPS monitors questionable testimony by it’s members and can terminate membership of a board certified physician upon a finding of improper testimony.

Do not misunderstand me, photos of your client’s disfigurement may be key to a large recovery, but you should never rely solely on a picture in determining whether or not you have a plastic surgery case involving the breasts. You must also carefully screen your client and fully understand the doctor’s qualifications or lack thereof. Finally, you need to make sure you can find a board certified plastic surgeon to testify as your expert.

If you have any questions concerning a potential botched plastic or cosmetic surgery procedure involving the breasts, please feel free to call attorney Noah Paul Fardo for help at (412) 802.6666 or email us at info@pghfirm.com.

Secrets to Winning Your 2013 Allegheny Tax Appeal

Noah Paul Fardo — Sat, 11 Aug 2012 02:03:04 +0000

Over 100,000 property owners have filed 2013 Allegheny County property tax assessment appeals. Not all of them will win. This article should help property owners increase their chances for a reduction.

I. The Process.

Property owners must have some basic understanding of the appeal process.

First, there is an optional informal appeal. Informal deadlines have passed and those informal results have been distributed to property owners. After an informal decision, all parties have 30 days to appeal.
Second, there is a BPAR (Board of Property Assessments and Review) hearing administered by a hearing officer, who has professional real estate experience (i.e. appraisers, agents, etc.). The BPAR hearing is typically held at the Allegheny County Office of Property Assessments, located on the 3rd Floor of the County Office Building. After a BPAR hearing, all parties have 30 additional days to appeal.
Third, there is the BOV (Board of Viewers) hearing. This is a more formal hearing in the Court of Common Pleas of Allegheny County. The BOV has a civil docket number and is held on the 8th floor of the City County Building in front of an assigned administrative judge. If the parties are unable to resolve the tax appeal, the matter is scheduled for an actual trial, where all applicable local rules of court apply. Once the court renders a decision, all parties may appeal to the discretion of the Honorable R. Stanton Wettick, whose review is limited to the evidence from the BOV hearing, and legal briefs are submitted by the parties.
Fourth, if the parties are still not satisfied, an appeal to the Commonwealth Court of Pennsylvania can be filed alleging that the lower court abused its discretion or made an error of law. Few cases are appealed this far. Theoretically, the case could also be appealed to the Pennsylvania Supreme Court.

II. The Evidence.

In order to change a property assessment in Allegheny County, the filing party has the burden of proof.
The primary issue for 2013 appeals is the fair market value of the property as of January 1, 2012.
The best evidence is to provide proof of similar properties, similarily located, which have recently sold for less than your property is assessed.
You should have a minimum of 3 comparable sales, but if you can find more it can be very persuasive to submit them, if they help.
You should print out all of the county webpages for any comparable sales you intend to offer. (County comparables can be found on the Court-Ordered Allegheny Real Estate Website). Be certain to at least print the home page, building information page, and image for any comparable sales offered as evidence.
You are required by local rules to have at least 3 copies of any evidence you intend to offer.
Appraisals can help, but are not always necessary, and in some cases are discouraged.
Pennsylvania law requires that one of three recognized valuation methods be used in order to change a property assessment. They are a) the comparable sales approach; b) the income approach; and/or c) the cost approach.
If you are defending a school district appeal, remember that a sales price alone can be persuasive evidence, but it does not meet the burden of proof without a valuation method being considered.

III. Hints, Tips & Secrets.

Caution: Any time an appeal if filed, the assessment could be sustained, decreased or increased.
Property owners may freely withdraw appeals filed at the BPAR before a hearing, but are NOT allowed to withdraw BOV appeals without the taxing entities consent.
Research settlements of your neighbors cases before any settlement at your BOV case. This information can be found on the Allegheny County civil docket access.
Conduct a percentage analysis of both your neighbors settlements as well as your neighbors assessment compared to their purchase price.
Make sure you know the entire market of the property you are appealing better than the attorneys opposing you.
We use an in-house database, but sales can be found online at the Allegheny County website, zillow.com, or by contacting local real estate agents or appraisers.
Be nice. Hearing officers are tired of frustrated property owners. Typically, preparation and kindness will work better than anger towards the individuals involved. Likewise, there is no benefit of being hostile with the attorneys from the taxing entities as they deal enough with angry property owners.
If you hire representation, make sure your fee covers the entire length of the representation, regardless of appeals to the BPAR or BOV.
Most of these cases are appealed to the BOV. If you are paying an attorney on a contingency, the fee very well may include multiple years.
Less can be more. Efficient, organized presentations are appreciated by the hearing officers and may tend to lead to better results.

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