Lack. Cnty. Pa. 1143

As amended through January 1, 2018
Rule 1143 - Commencement Of Mortgage Foreclosure Action
(a) In all residential mortgage foreclosure actions involving a residential property which serves as the primary residence of the defendant/borrower, the complaint must include a Civil Cover Sheet bearing the case code designation "RP/MF/RES" as required by Lacka. Co. R.C.P. 205.2(b). In addition to the Civil Cover Sheet bearing the case code designation "RP/MF/RES," the complaint shall include a "Notice of Residential Mortgage Foreclosure Diversion Program" in the format set forth in Form 8 of the Appendix. Service of the complaint in such a residential mortgage foreclosure action shall include the "Notice of Residential Mortgage Foreclosure Diversion Program" advising the defendant/borrower of the action to be taken by the defendant/borrower within sixty (60) days of service of the complaint in order to participate in a court-supervised conciliation conference pursuant to Lacka. Co. R.C.P. 1143.1.
(b) 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 under Lacka. Co. R.C.P. 1143.1, the defendant/borrower shall file a Request for Conciliation Conference in the format set forth in Form 9 of the Appendix. The Request for Conciliation Conference shall be filed with the Clerk of Judicial Records within sixty (60) days of service of the complaint and Notice of Residential Mortgage Foreclosure Diversion Program and 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.
(c) Upon receipt of the Request for Conciliation Conference, the Court Administrator shall issue a Case Management Order (Form 10 ) as required by Lacka. Co. R.C.P. 1143.1(c). Conciliation Conferences shall be scheduled and conducted in conformity with Lacka. Co. R.C.P. 1143.1(c)-(f).
(d) Following the service of the "Notice of Residential Mortgage Foreclosure Diversion Program" (Form 8 ) in a residential mortgage foreclosure action bearing the case code designation "RP/MF/RES," all proceedings shall be stayed for a period of sixty (60) days in order to afford the defendant/borrower an opportunity to qualify for participation in a court-supervised conciliation conference.

Lack. Cnty. Pa. 1143

Amended effective November 2014.