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COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY
NINTH JUDICIAL DISTRICT f ENNSYLVANIA
COURT OF COMMON PLEAS - CUMBERLAND COUN Y
ADMINISTRATIVE ORDER
AND NOW, this 2$0. day of February, 2012, the Cumberland County Court of
Common Pleas having recognized the current mortgage foreclosure crisis hereby establishes a
Mortgage Foreclosure Diversion Program:
(a) In all residential mortgage foreclosure actions involving a residential property which
serves as the primary residence of the defendant/borrower, the complaint shall include
a Notice of Residential Mortgage Foreclosure Diversion Program in the format set
forth in Form 1 and a Financial Worksheet in the format set forth in Form 2.
(b) Following the service of the complaint, Notice of Residential Mortgage Foreclosure
Diversion Program and Financial Worksheet, all proceedings shall be stayed for a
period of sixty (60) days from the date of service of the complaint in order to afford
the defendant/borrower an opportunity to qualify for participation in a court-
supervised Conciliation Conference.
(c) If the defendant/borrower in a residential mortgage foreclosure action has taken the
affirmative steps identified in the Notice of Residential Mortgage Foreclosure
Diversion Program to be eligible to participate in a court-supervised Conciliation
Conference, the defendant/borrower shall file a Request for Conciliation Conference
in the form as set forth in Form 3 within the sixty (60) day time limit set forth in the
Notice. The Request for Conciliation Conference shall be served upon counsel for
the plaintiff/lender. A copy of the Request for Conciliation Conference shall also be
served upon the Court Administrator for assignment to a judge.
(d) Upon receipt of the Request for Conciliation Conference, the court shall issue a case
management order providing for the scheduling and conducting of a Conciliation
Conference. See Form 4.
(e) The defendant/borrower shall be entitled to participate in a court-supervised
conciliation conference with the plaintiff/lender in all residential mortgage
foreclosure actions in which the defendant/borrower has completed a Financial
Worksheet in the format set forth in Form 2 in advance of the Conciliation
Conference and has filed and served a Request for a Conciliation Conference.
(f) To be eligible to participate in a Conciliation Conference an otherwise unrepresented
defendant/borrower who has been served with a Notice of Residential Mortgage
Foreclosure Diversion Program must contact MidPenn Legal Services at 717-243-
9400 extension 2510 or 800-822-5288 extension 2510 for the appointment of a legal
representative at no charge to the defendant/borrower, meet with the appointed legal
representative, complete a Financial Worksheet, and file the Request for Conciliation
Conference form within the time deadline set forth in the Notice.
(g) If the defendant/borrower is represented by counsel in the mortgage foreclosure
action, the defendant/borrower need not contact MidPenn Legal Services for the
appointment of a legal representative but, instead, counsel for the defendant/borrower
shall ensure completion of the prescribed Financial Worksheet and file the Request
for Conciliation Conference form within the time deadline set forth in the Notice.
(h) At least twenty-one (21) days prior to the date of the Conciliation Conference, the
defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the
Cumberland County Residential Mortgage Foreclosure Diversion Program Financial
Worksheet.
(i) Conciliation conferences in Residential Mortgage Foreclosure actions will be
conducted at such time and place as fixed in the case management order and will be
conducted by a judge. The defendant/borrower and counsel for the parties must
attend the Conciliation Conference in person and an authorized representative of the
plaintiff/lender must either attend the Conciliation Conference in person or be
available by telephone during 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. It is important, therefore,
that counsel for the plaintiff/lender discuss resolution proposals with the authorized
representative in advance of the Conciliation Conference. The court, in its discretion,
may require the personal attendance of the authorized representative of the
plaintiff/lender at the Conciliation Conference.
(j) At the Conciliation Conference, the parties and their counsel shall be prepared to
discuss and explore all available resolution options which include, but are not limited
to: bringing the mortgage current through a reinstatement; paying off the mortgage;
proposing a forbearance agreement or repayment plan to bring the account current
over time; agreeing to vacate in the near future in exchange for not contesting the
matter and a monetary payment; offering the lender a deed in lieu of foreclosure;
entering into a loan modification or a reverse mortgage; paying the mortgage default
over sixty (60) months; and the institution of bankruptcy proceedings.
(k) If more than sixty (60) days has elapsed since the service of the Notice of Residential
Mortgage Foreclosure Diversion Program and the defendant/borrower has not opted
to participate in the Diversion Program by taking the affirmative steps required by the
Notice or the defendant/borrower has failed to serve a completed Financial
Worksheet as required, or the parties have participated in a court-supervised
Conciliation Conference and have been unable to resolve the matter, on motion of the
plaintiff, the temporary stay will be terminated.
(1) The appearance by an attorney at the Conciliation Conference shall not be deemed to
be an entry of appearance in the mortgage foreclosure action.
(m) This order shall take effect April 1, 2012, or thirty (30) days from the date of
publication in the Pennsylvania Bulletin and remain in effect until June 30, 2014.
BY THE COURT,
FORM 1
Plaintiff(s)
VS.
Defendant(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, 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 a lawyer, you must take the following steps to be eligible for a conciliation
conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal
Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a
legal representative at no charge to you. Once you have been appointed a legal representative, you must
promptly meet with that legal representative within twenty (20) days of the appointment date. During that
meeting, you must provide the legal representative with all requested financial information so that a loan
resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial
worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation
Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of
the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements
with your lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be
eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the
appointment of a legal representative. However, you must provide your lawyer with all requested financial
information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete
a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation
Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of
the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements
with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
Date
[Signature of Counsel for Plaintiff]
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your
circumstances to determine possible options while working with your
Please provide the following information to the best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different)
City:
Phone Numbers:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
State: Zip:
Yes[] No ? Listing date: Price: $_
Realtor Phone:_
Yes ? No F1 State: Zip:
Home:
Cell:
Office:
Other:
How long?
State:
Home:
Cell:
Office:
Other:
Zip:
How long?
First Mortgage Lender: _
Type of Loan:
Loan Number:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Date You Closed Your Loan:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model:
Amount owed: Value:
Automobile #2: Model:
Amount owed: Value:
Other transportation (automobiles. boats. motorcvcles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1.
Year:
Year:
2.
3.
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2° Mortgage Utilities
Car Payment(s) Condo/Nei . Fees
Auto Insurance Med. not covered
Auto fuel/re airs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Money
Da /Child Care/Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No ?
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:-
2
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ? No ?
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company
to resolve your delinquency?
Yes ? No ?
If yes, please indicate the status of those negotiations:
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name):
Servicing Company (Name):
Contact: Phone:
Phone:
I/We, , authorize the above
named to use/refer this information to my lender/servicer for the sole
purpose of evaluating my financial situation for possible mortgage options. I/We
understand that I/we am/are under no obligation to use the services provided by the above
named
Borrower Signature
Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and
lender's counsel:
Proof of income
V Past 2 bank statements
V Proof of any expected income for the last 45 days
Copy of a current utility bill
Y Letter explaining reason for delinquency and any supporting documentation
(hardship letter)
Listing agreement (if property is currently on the market)
3
FORM 3
Plaintiff(s)
VS.
Defendant(s)
CIVIL
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated , 2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies
as follows:
1. Defendant is the owner of the real property which is the subject of this mortgage
foreclosure action;
2. Defendant lives in the subject real property, which is defendant's primary
residence;
Defendant has been served with a "Notice of Residential Mortgage Foreclosure
Diversion Program" and has taken all of the steps required in that Notice to be
eligible to participate in a court-supervised conciliation conference.
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
unsworn falsification to authorities.
Signature of Defendant's Counsel/Appointed Date
Legal Representative
Signature of Defendant
Signature of Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Date
Date
FORM 4
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
CIVIL ACTION
VS.
NO.
Defendant(s)
CASE MANAGEMENT ORDER
AND NOW, this day of
, 20 , the defendant/borrower in
the above-captioned residential mortgage foreclosure action having filed a Request for
Conciliation Conference verifying that the defendant/borrower has complied with the
Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby
ORDERED AND DECREED that:
1. The parties and their counsel are directed to participate in a court-supervised
conciliation Conference on
at M. in
at the Cumberland County Courthouse, Carlisle, Pennsylvania.
2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the
defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial
Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon
agreement of the parties in writing or at the discretion of the Court, the Conciliation
Conference ordered may be rescheduled to a later date and/or the date upon which
service of the completed Form 2 is to be made may be extended. Upon notice to the
Court of the defendant/borrower's failure to serve the completed Form 2 within the
time frame set forth herein or such other date as agreed upon by the parties in writing
or ordered by the Court, the case shall be removed from the Conciliation Conference
schedule and the temporary stay of proceedings shall be terminated.
3. The defendant/borrower and counsel for the parties must attend the Conciliation
Conference in person and an authorized representative of the plaintiff/lender must
either attend the Conciliation Conference in person or be 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, and counsel for the
plaintiff/lender must discuss resolution proposals with the authorized representative
in advance of the Conciliation Conference. If the duly authorized representative of
the plaintiff/lender is not available by telephone during the Conciliation Conference,
the Court will schedule another Conciliation Conference and require the personal
attendance of the authorized representative of the plaintiff/lender at the rescheduled
Conciliation Conference.
4. At the Conciliation Conference, the parties and their counsel shall be prepared to
discuss and explore all available resolution options which shall include: bringing the
mortgage current through a reinstatement; paying off the mortgage; proposing a
forbearance agreement or repayment plan to bring the account current over time;
agreeing to tender a monetary payment and to vacate in the near future in exchange
for not contesting the matter; offering the lender a deed in lieu of foreclosure;
entering into a loan modification or a reverse mortgage; paying the mortgage default
over sixty months; and the institution of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT,
J.
/2-1L14 CotC-F66247
COMMONWEALTH OF PENNSYLVANIA
NINTH JUDICIAL DISTRICT
COURT OF COMMON PLEAS - CUMBERLAND COUNTY
ADMINISTRATIVE ORDER
AND NOW, this 30' day of March, 2012, our order of February 28, 2012,
adopting the Cumberland County Mortgage Diversion Program is amended to revise Form 2 in
accordance with the attached.
BY THE COURT,
-'?q 4
;. P. J.
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FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your
circumstances to determine possible options while working with your
Please provide the following information to the best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different)
City:
Phone Numbers:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
First Mortgage Lender:
Type of Loan:
How long?
State: Zip:
Yes El No E] Listing date: Price: $
Realtor Phone:_
Yes ? No ?
Home:
Cell:
State: Zip:
Office:
Other:
How long?
State: Zip:
Home:
Cell:
Office:
Other:
Loan Number:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Date You Closed Your Loan:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ? No F-1
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model:
Amount owed: Value:
Automobile #2: Model:
Amount owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount owed: Value
Year:
Year:
Monthly Income
Name of Employers:
1. Monthly Gross
2. Monthly Gross
3. Monthly Gross
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Monthly Net,
Monthly Net.
Monthly Net.
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSI? AMOUNT EXPENSE AMOUNT
Mortgage Food
2° Mortgage Utilities
Car Payment(s) Condo/Nei h. Fees
Auto Insurance Med. not covered
Auto fuel/re airs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Money
Da /Child Care/Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No ?
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:_
Email:
2
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ? No ?
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company
to resolve your delinquency?
Yes ? No ?
If yes, please indicate the status of those negotiations:
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name):
Servicing Company (Name):
Contact: Phone:
Phone:
I/We, , authorize the above
named _ to use/refer this information to my lender/servicer for the sole
purpose of evaluating my financial situation for possible mortgage options. I/We
understand that I/we am/are under no obligation to use the services provided by the above
named
Borrower Signature
Co-Borrower Signature
Date
Date
Please forward this document along with the following information to lender and
lender's counsel:
Proof of income
V Past 2 bank statements
Proof of any expected income for the last 45 days
Copy of a current utility bill
Letter explaining reason for delinquency and any supporting documentation
(hardship letter)
Listing agreement (if property is currently on the market)
V Copy of 2 years of federal income tax returns
Copy of deed