Administrative Order - Mortgage Foreclosure Diversion Program

Overview of Orders

The provided documents contain three separate administrative orders issued by the Court of Common Pleas of Blair County, Pennsylvania. The primary document establishes new rules for the Mortgage Foreclosure Diversion Program, while two other documents address appeals from the Board of Assessment and changes to custody rules.

Mortgage Foreclosure Diversion Program (March 16, 2016)

This order establishes new rules to increase the efficiency of the Mortgage Foreclosure Diversion Program. It vacates a previous administrative order (2010 AD 11) and takes effect immediately.

Key Procedures:

• Filing Complaints: When a complaint is filed to foreclose on an owner-occupied residence, the Court provides the plaintiff with a "Mortgage Foreclosure Diversion Program Notice" and a "Home Owner-Occupation Certification" (HOOCert).
• Service of Process: The plaintiff must serve the complaint, notice, and HOOCert on the defendant.
• Automatic Stay: Once these documents are served, a stay of all proceedings is automatically placed on the case. Any filings by the plaintiff during this stay are stricken from the docket.
• Defendant's Deadline: The defendant must return the HOOCert within 10 days of service.
• Failure to Respond: If the defendant fails to return the HOOCert within 10 days, the stay is lifted, and the defendant must file an answer within 20 days.
• Hearings: Parties are required to attend a diversion program hearing during the stay. If no agreement is reached, the foreclosure action may proceed according to standard civil procedure rules.

Rules of Civil Procedure No. 235 (September 8, 2011)

This order adopts a new rule regarding appeals from the Board of Assessment.

Rule 235 Summary:

• Filing Deadline: Any appeal from the Board of Assessment must be filed within 30 days of the date of the Board's decision.
• Legal Basis: This is pursuant to 53 P. S. §8854 (a) (1).

Custody Rules Rescission (November 30, 2015)

This order rescinds specific portions of Blair County Custody Rules because the "Custody Education Program for Children" no longer serves its intended purpose.

Effective Date: January 1, 2016.

Specific Rescissions:

• Rule 1915. 1(a)(2): Removes the requirement that "Children First" be presented by Altoona Hospital Drug and Alcohol Services.
• Rule 1915. 1(a)(3): Entire rule rescinded.
• Rule 1915. 3(b)(2): Entire rule rescinded.
• Rule 1915. 3(c)(1) and (2): Removes the requirement to ensure a child appears for "Sandcastles. "
• Rule 1915. 21: Removes the Sandcastles Program from the Custody Scheduling order.