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PA Bulletin, Doc. No. 09-1190


Title 255--LOCAL


In Re: Mortgage Foreclosure Diversion Program; Administrative Order No. 55

[39 Pa.B. 3321]
[Saturday, July 4, 2009]

   And Now, this 5th day of June, 2009, in order to permit the implementation and execution of the Mortgage Foreclosure Diversion Program, it is hereby Ordered and Decreed that:

   1.  All Complaints for mortgage foreclosure of residential owner-occupied properties shall be accompanied by the following:

   a.  A Certification Cover Sheet which includes a certification that the mortgaged property is an owner-occupied residential property. (The Certification Cover Sheet is attached as Exhibit ''A.'')

   b.  An Urgent Notice, which shall be served on the Defendant along with the Complaint, directing the Defendant to contact a court-designated Hotline for assistance. (A Copy of the ''Urgent Notice'' is attached hereto as Exhibit ''B.'')

   c.  A Certificate of Service, in the form attached hereto as Exhibit ''C.''

   2.  Upon a request from Defendant to the Hotline for assistance and a conciliation conference, an Order for Conference shall be generated by the Court. (A sample copy of a Case Management Order is attached hereto as Exhibit ''D.'') The Order for Conference will be sent to all parties to the mortgage foreclosure action.

   3.  The entry of the Order for Conference shall include a stay of other proceedings in the case until at least 20 days following the conciliation conference.

   4.  As appropriate, any conciliation conference scheduled by the Court shall be conducted by judge pro tem designated by the Court.

   5.  Conciliation conference recommendation: At the conclusion of the conciliation conference, the conciliation moderator may issue a recommendation memorializing the results of the conference and scheduling future deadlines where appropriate. The Court may enter an order based on the recommendation, as appropriate.

   6.  This Administrative Order shall take effect thirty days from the date of publication in the Pennsylvania Bulletin and remain in effect until December 31, 2010, unless extended by the Court.

By the Court


[Pa.B. Doc. No. 09-1190. Filed for public inspection July 2, 2009, 9:00 a.m.]

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