Case Management Order {10}

FORM 10 Plaintiff (s) vs. Defendant(s) : IN THE COURT OF COMMON PLEAS : OF LACKAWANNA COUNTY : : : : : : NO. ____CIV_____ CASE MANAGEMENT ORDER PURSUANT TO LACKA. CO. R.C.P. 1143.1(c) AND NOW, the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference form verifying that the defendant/borrower has complied with the local rule requirements for the scheduling of a Conciliation Conference under Lacka. Co. R.C.P. 1143.1, 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 9:30 AM in the Jury Orientation Lounge, 1st Floor, Lackawanna County Court House; 2. At least fourteen (14) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender or its counsel a copy of the "Lackawanna County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form No. 14) which has been completed by the defendant/borrower in compliance with Lacka. Co. R.C.P. 1143.1. The failure to do so will result in the removal of this case from the Conciliation Conference schedule and the termination of the temporary stay of proceedings under Lacka. Co. R.C.P. 1034(b), 1035.2(b), 1143(d) or 3129.1(e); 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 American LegalNet, Inc. www.FormsWorkFlow.com Conference. The representative of the plaintiff/lender who participated 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 that 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 representation 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: _________________________ American LegalNet, Inc. www.FormsWorkFlow.com