549 In re: Mortgage Foreclosure Diversion Program; administrative order no. 1-2010; no. 12 miscellaneous 2010
SOMERSET COUNTY In Re: Mortgage Foreclosure Diversion Program; Administrative Order No. 1-2010; No. 12 Miscellaneous 2010 [40 Pa.B. 1633]
[Saturday, March 27, 2010]Order And Now, this 12th day of March, 2010, recognizing that the number of mortgage foreclosure actions filed in the County of Somerset has recently expanded greatly, the Somerset County Court of Common Pleas hereby establishes a Mortgage Foreclosure Diversion Program in conjunction with Southwestern Pennsylvania Legal Services, Inc.
(a) When a complaint in mortgage foreclosure is filed seeking foreclosure on a mortgage on an owner-occupied residence the Prothonotary of Somerset County shall provide to the plaintiff or to plaintiff's counsel a Mortgage Foreclosure Diversion Program Notice, attached hereto as Exhibit ''A'', which shall be served upon the defendant or defendants in the foreclosure action along with a copy of the complaint as required by the Pennsylvania Rules of Civil Procedure. No Praecipe For Default Judgment will be accepted by the Prothonotary without the certification of plaintiff or counsel as set forth in Exhibit ''B''.
(b) The defendant or defendants shall have the option to attend a Foreclosure Mitigation Counseling session scheduled and conducted by Southwestern Pennsylvania Legal Services, Inc. within twenty (20) days of the date of the service of the Complaint.
(c) Any defendant who attends a Foreclosure Mitigation Counseling session may seek a sixty (60) day stay in the mortgage foreclosure proceedings for the purpose of reaching a mutually acceptable agreement with the plaintiff to resolve the case. A representative of Southwestern Pennsylvania Legal Services, Inc. or other legal representative of the defendant or defendants must present a request for such stay in writing to the Administrative Judge of the Civil Division in the Somerset County Court of Common Pleas within ten (10) days of the date of the counseling session.
(d) If a defendant fails to attend a Foreclosure Mitigation Counseling session, fails to request a sixty (60) day stay, or the parties fail to reach an agreement resolving the case within the sixty (60) day stay, the foreclosure action may proceed in accordance with the Pennsylvania Rules of Civil Procedure.
(e) This program will take effect on the date of the execution of this Order.
By the Court
JOHN M. CASCIO,
President JudgeEXHIBIT ''A'' MORTGAGE FORECLOSURE DIVERSION
PROGRAM NOTICEYou have been sued in Court to foreclose upon the mortgage associated with your home.
You are notified that you may seek a sixty (60) day postponement in this mortgage foreclosure proceeding if you attend a free Foreclosure Mitigation Counseling session within twenty (20) days of being served with the complaint in this action and this notice, and make application for this stay. The purpose of this stay is to permit you an opportunity to work with the lender/plaintiff to reach an agreement to settle this proceeding. Application for this program can be made within this twenty (20) day period by contacting Southwestern Pennsylvania Legal Services at 814-443-4615.
If you are scheduled and fail to appear for this free Foreclosure Mitigation Counseling session, you will not receive a sixty (60) day postponement of these proceedings, and if you do not respond to the complaint, a default judgment may be entered against you.
IF YOU ARE NOT IN A POSITION TO PROMPTLY REMEDY THE ALLEGED MORTGAGE DEFAULT YOU SHOULD STRONGLY CONSIDER ATTENDING A FORECLOSURE MITIGATION COUNSELING SESSION. THESE SESSIONS WILL BE CONDUCTED BY A REPRESENTATIVE OF SOUTHWESTERN PENNSYLVANIA LEGAL SERVICES. YOU ALSO MAY BE ABLE TO SEEK ASSISTANCE FROM A LEGAL PROFESSIONAL AT THE FORECLOSURE MITIGATION COUNSELING SESSION.
IF YOU HAVE QUESTIONS ABOUT THIS MATTER, YOU MAY HAVE THEM ADDRESSED AT THE FORECLOSURE MITIGATION COUNSELING SESSION, OR YOU MAY CONTACT SOUTHWESTERN PENNSYLVANIA LEGAL SERVICES AT: 218 N. Kimberly Avenue, Suite 101, Somerset, PA 15501; 814-443-4615.
EXHIBIT ''B'' )
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IN THE COURT OF COMMON PLEAS OF SOMERSET COUNTY, PENNSYLVANIA CERTIFICATION FOR DEFAULT JUDGMENT
IN MORTGAGE FORECLOSUREPlaintiff certifies that, to the best of the knowledge and belief of Plaintiff, a copy of the Somerset County ''Mortgage Foreclosure Diversion Plan Program Notice'' was served upon each Defendant for whom default judgment is being requested herewith at least twenty (20) days prior to this date, and Plaintiff has been advised by counsel for Defendant or Southwestern Pennsylvania Legal Services of the institution of the sixty (60) day stay of proceedings based on Defendant's compliance therewith.
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Plaintiff/Counsel for PlaintiffDated: _________________
[Pa.B. Doc. No. 10-549. Filed for public inspection March 26, 2010, 9:00 a.m.]
