IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA
In Re: MORTGAGE FORECLOSURE : DOCKET NO.
DIVERSION PROGRAM. :
A D M I N I S T R A T I V E O R D E R
AND NOW, this 6th day of August, 2013, the 29th Judicial District hereby
ADOPTS the following procedural rules for participation in the 29th
Judicial District’s Mortgage Foreclosure Diversion Program.
1. In all filed mortgage foreclosure actions, the Sheriff’s Office shall
serve Defendant(s) with the Mortgage Foreclosure Diversion Program
Notice (Exhibit A) and Election to Participate in Settlement Conferences
(Exhibit B), when serving the initial mortgage foreclosure complaint.
2. If Defendant(s) want to participate in the diversion program,
Defendant(s) must execute and return the Election to Participate to the
District Court Administrator’s Office within ten (10) days of the
service of the complaint, notice, and election.
3. A representative of the District Court Administrator’s Office shall
send Election of Participation to the Judge assigned to the foreclosure
action so that the Judge may enter a Stay Order (Exhibit C). The
Prothonotary’s Office shall serve the Stay Order and Election of
Participation upon all parties, with an additional copy being sent to
Joseph P. Schalk, Esq., at Phelan Hallinan & Schmieg LLP, 126 Locust
Street, Harrisburg, Pennsylvania 17101.
4. Once Plaintiff receives the Stay Order and Election of Participation,
Plaintiff shall serve Defendant(s) and North Penn Legal Services (North
Penn), c/o Jennifer Heverly, Esq., 329 North Market Street,
Williamsport, Pennsylvania 17701, with the Notice of Participation in
Lycoming County Foreclosure Diversion Program (Exhibit D).
5. Within fourteen (14) days of receiving the Notice of Participation,
Defendant(s) must contact North Penn to obtain pro bono counsel. North
Penn shall promptly notify Plaintiff when a pro bono attorney has been
6. Once Plaintiff receives notification from North Penn that counsel has
been appointed, Plaintiff shall provide Defendant(s) with the
appropriate program application package within twenty-one (21) days.
7. If Defendant(s) receive(s) the program application from Plaintiff
within twenty-one (21) days, Defendant(s) shall provide the required
information and return the application package to Plaintiff for review
within twenty-one (21) days.
8. If the program application package is not received by Defendant(s)
within twenty-one (21) days, Defendant(s) may petition the Court
immediately so that a status conference may be scheduled.
9. If Plaintiff does not receive the initial application package from
Defendant(s) within twenty-one (21) days, Plaintiff may petition the
Court immediately so that a status conference may be scheduled.
10. Once Plaintiff receives the initial application package from
Defendant(s), Plaintiff shall notify Defendant(s) within ten (10) days
of any deficiencies.
11. Once the application package has been received and reviewed by both
parties and all deficiencies have been addressed, Defendant(s) shall
file with the Court a Certificate of Readiness for Settlement
Conferences (Exhibit E).
12. Once the Court receives a Certificate of Readiness, the Court will
issue an Order Scheduling Foreclosure Diversion Conferences (Exhibit F).
That order will provide that attorneys of record shall arrange a
telephone conference within thirty (30) days of the order to discuss the
status of the loss mitigation package of Defendant(s). The order will
also schedule a court conference at least forty-five (45) days from the
date of the order. The Prothonotary’s Office shall serve the order upon
all counsel of record, Defendant(s), and Joseph P. Schalk, Esq., at
Phelan Hallinan & Schmieg LLP, 126 Locust Street, Harrisburg,
The effective date of this order is October 1, 2013.
BY THE COURT,
Nancy L. Butts, President Judge