Procedures Outlined in Flowchart
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, 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. 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.
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 assigned.
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.
12. Once the Court receives a Certificate of Readiness, the Court will issue an Order Scheduling Foreclosure Diversion Conferences. 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, Pennsylvania 17101.
The effective date of this order is October 1, 2013.
BY THE COURT,
Nancy L. Butts, President Judge