As amended through January 1, 2018
Rule 3129.1 - Notice Of Sale. Real Property(a) Whenever a sale of real property is governed by Pa. R.Civ.P. 3129.1, all handbills, written notices, and publications shall include, as part of the location of the property, a street address.(b) Street address is defined as the street number and street name where a number exists. Where no street number exists, the street address is defined as the land and/or portion of land between the nearest two street numbers and/or intersecting streets which do exist and the street name.(c) If the real property sought to be sold pursuant to Pa. R.Civ.P. 3129.1 is a residential property which serves as the primary residence of the defendant(s)/borrower(s), and unless the defendant(s)/borrower(s) has already been served with the required "Notice of Residential Mortgage Foreclosure Diversion Program" pursuant to Lacka. Co. R.C.P. 205.2(b), 1034(b), 1035.2(b) or 1143(a), the plaintiff/lender must serve a "Notice of Residential Mortgage Foreclosure Diversion Program" upon the defendant(s)/borrower(s) in the format set forth in Form 12 of the Appendix and file an "Affidavit Pursuant to Lacka. Co. R.C.P. 3129.1" in the format set forth in Form 13 attesting either that : (1) the defendant(s)/borrower(s) has not opted to participate in the "Residential Mortgage Foreclosure Diversion Program;"or (2) the defendant(s)/borrower(s), has participated in a court-supervised conciliation conference, but the residential mortgage foreclosure claim has not been resolved and no further conciliation conferences are scheduled.(d) The affidavit required by Lacka. Co. R.C.P. 3129.1(c) shall be filed with the Clerk of Judicial Records and a copy shall be delivered to the Sheriff's Office before any residential property may be listed for Sheriff's Sale. The affidavit required by this Rule shall be in the format set forth in Form 13 of the Appendix.(e) 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 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 "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. Upon receipt of the Request for Conciliation Conference, the Court Administrator shall issue a Case Management Order (Form No. 10) as required by Lacka. Co. R.C.P. 1143.1(c)-(f).Amended effective November 2014.