THE COURTS
Title 255—LOCAL
COURT RULES
BUTLER COUNTY
Local Rules of Civil Court; MsD No. 12-40169
[42 Pa.B. 4570]
[Saturday, July 21, 2012]
Administrative Order of Court And Now, this 29th day of June, 2012, it is hereby ordered and decreed that the following Local Rules of Court pertaining to Civil Court, adopted September 15, 2009 are hereby amended:
• L 205.2 (c) Cover Sheet
• L 402 Service of Notice
• L 1034 (a) Motion for Judgment on the Pleadings
• L 1035.2 (a) Motion for Summary Judgment
• L 1141 (b) Consumer Credit or Residential Mortgage Foreclosure Program
• L 1143 Commencement of Consumer Credit or Mortgage Foreclosure Action
• L1143.1 Conciliation Conference in Consumer Credit or Residential Mortgage Foreclosure Actions
• L3129.1 Notice of Sale of Real Property
• L 3256 Praecipe for Writ of Mortgage Foreclosure
These amendments are effective thirty days after publication of this notice and the within Amendments to Local Rules in the Pennsylvania Bulletin.
The Court directs the Court Administrator to:
1. File one (1) certified copy of this Administrative Order and the within Local Rules of Civil Procedure with the Administrative Office of the Pennsylvania Courts.
2. File two (2) certified copies of this Administrative Order and the within Local Rules of Civil Procedure and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin
3. File one (1) certified copy of this Administrative Order and the within Local Rules of Civil Procedure with the Domestic Relations Procedural Rules Committee.
4. Forward one (1) copy of this Administrative Order and the within Local Rules of Civil Procedure to the administrative office of the Butler County Legal Journal for publication.
5. Forward one (1) copy of this Administrative Order and the within Local Rules of Civil Procedure to the Butler County Law Library.
6. Keep continuously available for public inspection copies of this Administrative Order of Court and the within Local Rules of Court in the Office of the Butler County Prothonotary, the Butler County Domestic Relations Section and the Office of the Court Administrator.
By the Court
THOMAS J. DOERR,
President JudgeBUTLER COUNTY LOCAL RULES OF CIVIL PROCEDURE
Rule L205.2 (c). Cover Sheet.
All consumer credit collection and residential mortgage foreclosure complaints must be filed with a Notice of Consumer Credit or Residential Mortgage Foreclosure Diversion Form in the format set forth as follows:
Date of Service: ______
Manner of Service: ______
By: ______
IN THE COURT OF COMMON PLEAS OF BUTLER COUNTY, PENNSYLVANIA Plaintiff(s)
vs. AD No.
Defendant(s)
NOTICE OF CONSUMER CREDIT/RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM PURSUANT TO BUTLER COUNTY LOCAL RULE OF CIVIL PROCEDURE L205.2 (c) AND L3129.1 A Complaint in Consumer Credit or Residential Mortgage Foreclosure has been filed with the Court that could cause you to lose your assets or home.
You may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have an attorney, you must take the following steps to be eligible for and to remain in the program. First, within ten (10) days of the date noted above, you must contact the Butler County Consumer Credit/Residential Mortgage Foreclosure Diversion Program information line at 724-431-0081. You must schedule and attend either group mortgage assistance program or credit assistance program, as instructed. These classes are available to you at NO CHARGE. Attendance at one of these classes is mandatory for your continued participation in the Court Conciliation program.
After attending the class, a housing or credit counselor may be available to work with you to review your finances and attempt to work with your lender to try to resolve the claims in this lawsuit. Eligibility for counseling is based upon financial guidelines, which will be discussed at the group class. If you are scheduled to meet with a counselor, you must appear and you must provide the counselor with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you are not eligible for counseling, you will receive further instructions during the class concerning your obligation to communicate with the lender.
If you are represented by a lawyer, it is not necessary for you to call the information line. However, you and your attorney are responsible to communicate with the lender in advance of the conciliation conference.
To obtain admission to the Consumer Credit/Residential Mortgage Foreclosure Diversion Program, you or your attorney must complete a Request For Conciliation Conference form as provided at Butler County Local Rule L-1143 (b), file the same with the Prothonotary, and serve a copy of said Request, by mail to the Plaintiff's address set forth below.
* For further information you may also go to www.co.butler.pa.us or www.butlercountypabar.org/
credit-crunch-program or call the Butler County Bar Association at 724-841-0130 *IF YOU WISH TO PARTCIPATE IN THIS DIVERSION PROGRAM, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Plaintiff must complete:
DISCLOSURE OF PLAINTIFF CONTACT INFORMATION
(person authorized to discuss case status and resolution options with the Defendant and/or the Defendant's representative) Name: _________________
Address: _________________
_________________
_________________Phone number: _________________
Fax number:_________________
Email: _________________
Rule L-402. Service of Notice.
Upon the filing of a consumer credit or residential foreclosure complaint, the Sheriff shall serve both the complaint and the ''Notice of Consumer Credit or Residential Mortgage Foreclosure Diversion Program'' upon the named defendants in accordance with Pennsylvania Rule of Civil Procedure 402, Service of Original Process. In the event the Sheriff is unable to personally serve the defendants with the civil action papers and the Notice, the Sheriff shall post the property with the ''Notice of Consumer Credit or Residential Mortgage Foreclosure Diversion Program''. The Sheriff's return shall reflect the date and manner of posting said Notice on the property. The posting of Notice on the property shall constitute service of said ''Notice of Consumer Credit or Residential Mortgage Foreclosure Diversion Program'' upon the defendants for purposes of compliance with these local rules concerning the Consumer Credit or Residential Mortgage Foreclosure Diversion Program.
Rule L1034 (a). Motion for Judgment on the Pleadings.
(1) A motion for judgment on the pleadings shall be filed with the Prothonotary. A brief in support of the motion shall be filed at the same time as the motion for judgment on the pleadings is filed. Briefs for the non-moving parties shall be filed and served one (1) week prior to the scheduled submission or argument date.
As a condition precedent to the scheduling of a motion for judgment on the pleadings for court action in a consumer credit or residential mortgage foreclosure action, the plaintiff/lender must file an Affidavit of Service indicating the manner and date of service of said notice upon the defendant/borrower. (form follows local rule L-1143(e))
(2) Upon the filing of motion for judgment on the pleadings, oral argument or submission without oral argument will be scheduled by the court. Any party may submit a request for argument on their motion for judgment on the pleadings. Upon receipt of a request for argument, a time for argument will be assigned for the scheduled submission date.
Rule L1035.2 (a). Motion for Summary Judgment.
(1) A motion for summary judgment shall be filed with the Prothonotary. A brief in support of the motion shall be filed at the same time as the motion for summary judgment is filed. Briefs for the non-moving parties shall be filed and served no later than one (1) week prior to the scheduled submission or argument date.
As a condition precedent to the scheduling of a motion for summary judgment for court action in a consumer credit or residential mortgage foreclosure action, the plaintiff/lender must file an Affidavit of Service indicating the manner and date of service of said notice upon the defendant/borrower. (form follows local rule L-1143(e))
(2) Upon the filing of motion for summary judgment, oral argument or submission without oral argument will be scheduled by the court. Any party may submit a request for argument on their motion for summary judgment. Upon receipt of a request for argument, a time for argument will be assigned for the scheduled submission date.
Rule L-1141 (b). Consumer Credit or Residential Mortgage Foreclosure Program.
In consumer credit or residential mortgage foreclosure proceedings, local procedural requirements shall apply to accomplish the implementation of the Consumer Credit or Residential Mortgage Foreclosure Diversion Program. Local rules affected in relation to residential mortgage foreclosure proceedings are as follows:
L205.2 (c) L1143 (a)(b)(c)(d)(e) L402 L1143.1 (a)(b)(c)(d)(e)(f) L1034 (a) L3129.1 L1035.2(a) L3256 Rule L1143. Commencement of Consumer Credit or Mortgage Foreclosure Action.
(a) In all consumer credit and residential mortgage foreclosure actions, the complaint shall include a ''Notice of Consumer Credit or Residential Mortgage Foreclosure Diversion Program'' in the format set forth in Local Rule 205.2(c).
(b) To participate in the Consumer Credit or Residential Mortgage Foreclosure Diversion Program the defendant/borrower or his/her legal counsel shall follow Butler County Local Rule of Civil Procedure 1143.1 program requirements and file a Request for Conciliation Conference in the format set forth below. The Request for Conciliation Conference shall be filed with the Prothonotary within thirty 30 days of service of the Notice of Consumer Credit or Residential Mortgage Foreclosure Diversion Program and shall be served upon the plaintiff/lender.
(c) Upon receipt of the Request for Conciliation Conference, the Court Administrator shall issue a case management order. Conciliation conferences shall be scheduled and conducted in conformity with Butler County Local Rule of Civil Procedure L-11431.1, et seq.
(d) Service of process.
For complaints filed and served before November 2, 2009, the ''Notice Of Consumer Credit or Residential Mortgage Foreclosure Diversion Program'' may be served by certified mail to the record address of the Defendant or to Defendant's legal counsel of record, if any. The date of service shall be the date when the certified mail is delivered to Defendant or Defendant's counsel. However, if original service of the complaint has not been completed, service of the Notice shall be as per Butler County Local Rule of Civil Procedure L-402.
(e) Before any matter will be scheduled for consideration before the assigned judge or for arbitration, the plaintiff/lender must file an Affidavit, which discloses: the date and manner of service of the ''Notice of Consumer Credit or Residential Mortgage Foreclosure Diversion Program''; whether or not the defendant/borrower has requested to participate in the Consumer Credit Residential Mortgage Foreclosure Diversion Program; and, whether or not there is a present, court-ordered stay in effect. The format for said Affidavit is set forth below.
IN THE COURT OF COMMON PLEAS OF BUTLER COUNTY, PENNSYLVANIA Plaintiff(s)
vs. AD No.
Defendant(s)
REQUEST FOR CONCILIATION CONFERENCE
(Butler County Local Rule of Civil Procedure L-1143(b)) Pursuant to the local rules governing the Butler County Consumer Credit or Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows:
1. This action involves consumer credit, or the Defendant is the owner of the residential property if this is mortgage foreclosure action; and
2. If a residential mortgage foreclosure action, Defendant physically lives in the subject property, which is defendant's primary residence; and
3. Defendant has been served with a ''Notice of Consumer Credit or Residential Mortgage Foreclosure Diversion Program'' and
a. If Defendant is self-represented:
(1) Defendant is scheduled to attend the ______ mortgage or credit assistance (date)
class as instructed by the Butler County Consumer Credit/Residential Mortgage Foreclosure Diversion Program information line; and(2) Defendant will attend any follow up conference scheduled with the credit or housing counselor after the mortgage or credit assistance class; and
(3) Defendant will personally attend the court conciliation conference as scheduled by the Court. Or
b. If Defendant is represented by counsel:
(1) I ______ am legal counsel of record for the Defendant.
The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities.
_________________ ______ Signature of Defendant/Defendant's Date
CounselPerson who Plaintiff should contact to discuss status of case and options to resolve:
Name _________________ Office ______ Relationship to Defendant ______ Address ______ Phone _________________ E-Mail ______ Fax # _________________
IN THE COURT OF COMMON PLEAS OF BUTLER COUNTY, PENNSYLVANIA Plaintiff(s)
vs. AD No.
Defendant(s)
AFFIDAVIT OF SERVICE AND STATUS OF CONSUMER CREDIT OR RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM
(Butler County Rule of Civil Procedure
L-1143 (e) and L-1034 (a) 1 and L-1035.2 (a) (1)
and L-3129.1 (b) and L-3256)I, ______ , counsel for Plaintiff, in the above action, do hereby certify that on ______ the Defendant(s) was served with (date)
''Notice of Consumer Credit or Residential Mortgage Foreclosure Diversion Program by ___________________________ , and that:
(method of service and by whom)(1) 30 days have passed since service of the Notice;
(2) The Defendant(s) has not filed a Request for Conciliation Conference (Butler County Local Rule of Civil Procedure L-1143b); or
(3) If a Request for Conciliation Conference has been filed, there is no present Court ordered Stay in effect.
Respectfully submitted,
____________
(date)(Plaintiff counsel)Rule L-1143.1. Conciliation Conference in Consumer Credit or Residential Mortgage Foreclosure Actions.
(a) 1. To be eligible to participate in the program, a self-represented/borrower must call the Butler County Consumer Credit/Residential Mortgage Foreclosure Diversion Program information line to obtain instructions to schedule and attend either the mortgage or credit assistance class. In addition, if eligible, Defendants must meet with a credit counselor and complete the financial information necessary for the plaintiff/lender. The self-represented borrower must also file a Request for Conciliation Conference on the form set forth in Butler County L.R.C.P. L-1143(b).
2. If the defendant/borrower is represented by counsel, the defendant/borrower need not attend the mortgage or credit assistance class or meet with any counselors as a condition precedent to filing a Request for Conciliation Conference. Counsel for the defendant must complete the Request for Conciliation Conference form, Butler County L.R.C.P. L-1143(b).
(b) Once a Request for Conciliation Conference is filed, a Case Management Order shall issue, scheduling the case for the next available conciliation conference.
(c) Immediately following the filing of Request for Conciliation Conference, the defendant/borrower must communicate with the plaintiff/lender by contacting the contact person listed in the Notice of Consumer Credit Residential Mortgage Foreclosure Diversion Program form. Upon receipt of communication on behalf of the defendant, the plaintiff/lender shall immediately advise the defendant or credit counselor of all information needed to consider work out resolutions for the pending litigation. The defendant shall respond to the request for information in advance of the scheduled conciliation conference date. A failure by plaintiff or defendant to communicate as set forth herein, may result in the case being removed from the conciliation program or dismissal of the complaint.
(d) At the conciliation conference, the parties and their counsel shall be prepared to discuss all available resolution options.
(e) The parties and legal counsel, if any, must attend the conciliation conference. An authorized representative of the plaintiff/lender must either attend the conciliation conference in person or be readily available by telephone during the course of the conciliation conference. The representative of the plaintiff/lender, who participates in the conciliation conference, must possess the actual authority to reach a mutually acceptable resolution. The court, in its discretion, may, by special order, require the personal attendance of the authorized representative of the plaintiff/lender at any conciliation conference.
(f) If the defendant/borrower has previously participated in, and been removed from, the Consumer Credit or Residential Mortgage Foreclosure Diversion Program, the plaintiff/lender or the defendant/borrower may request the court to readmit the case to the program for good cause shown by presenting an appropriate Motion before the Court. Readmission to the program following removal is not automatic and not subject to Butler County L.R.C.P. L-1143(a)(b).
Rule L3129.1. Notice of Sale of Real Property.
Before any residential property may be listed for Sheriff's sale, the plaintiff/lender must have filed an Affidavit of Service, (L1143(e)), with the Prothonotary at either the Appearance Docket, Common Pleas Docket or Execution Docket.
Rule L-3256. Praecipe for Writ of Mortgage Foreclosure.
In a residential mortgage foreclosure proceeding, if no Butler County L.R.C.P. L-1143(e) Affidavit of Service (L-1143(e)) has been previously filed at either the Appearance Docket, Common Pleas Docket or Execution Docket, no further court action will be available to the plaintiff/lender, until such time as the plaintiff/lender files an Affidavit of Service (L-1143(e)).
[Pa.B. Doc. No. 12-1338. Filed for public inspection July 20, 2012, 9:00 a.m.]
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