Petition To Postpone Sheriffs Sale (Packet)

DIRECTIONS FOR THE PETITIONER (BORROWER/MORTGAGOR) 1. Petitions can be filed up until the day before the Sheriff's Sale. However, the sooner the better and Petitions filed at least one week in advance of sale are more favorably received. If you are filing within the week of the Sale, you will be asked to explain why you are filing at that time. 2. If filing in person, you must bring an original and two copies of the Petition to the Office of Civil Administration, in room 296 City Hall (second floor) and pay the $52.68 filing fee. Because electronic filing is mandatory, a $1.00 per page scanning fee will be assessed for filings submitted in person (see note below regarding electronic filing). If you cannot afford to pay the filing fee, then you can request that the Court waive that fee by filing a Petition to Proceed in Forma Pauperis at the same time the Petition to Postpone is submitted for filing. Note: These documents should be filed electronically in the Motions section of the Civil Electronic Filing System accessed through the Court's website at https://courts.phila.gov. The Office of the Prothonotary will provide electronic filing assistance in Room 280 City Hall. For electronic filing support, call (215)6866650 or email efsupport@courts.phila.gov. 3. You must immediately serve a copy of the filed Petition and issued Rule on Plaintiff's counsel by one of the following methods: a. Hand Delivery b. Fax c. Overnight Courier Service (Fed Ex, UPS, DHL, Airborne Express, US Postal Express Mail) Note: Documents filed electronically may be delivered electronically by the Court to all interested parties. 4. After you serve the Petition you must complete the Affidavit of Service attached to the petition form, which will show the date and manner of service of the Petition. You must keep the completed Affidavit of Service and bring it with you to your hearing. 5. Bring with you all papers you need to prove your claim that a postponement of the Sheriff's Sale is appropriate. You will not be permitted to return with additional information on a different day. If you hire an attorney or have a housing counselor he/she must accompany you to the hearing. 6. After the hearing, if the Court postpones the Sheriff's Sale you will be given a copy of the Order which you must serve on the Sheriff by either fax (215)6863971 (save proof of this fax) or by delivering a copy to the Sheriff's Office (bring an extra copy and have it timestamped) at: Real Estate Division Fifth Floor, Land Title Building 100 South Broad Philadelphia, PA 19110 PLEASE NOTE You are strongly urged to call the Save Your Home Philly Hotline for housing counseling assistance at (215)334HOME. Updated - 10/4/16 American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION ­ CIVIL ____________________________ Plaintiff v. ____________________________ Defendant(s) : : : : : : : : : : ____________ TERM, _____ Month Year NO. ___________ Book________Writ________ RULE TO SHOW CAUSE ORDER AND NOW, this ______ day of _______________, _______ upon consideration of the Petitioner's Petition to Postpone the Sheriff's Sale of Real Property, it is hereby ORDERED AND DECREED that: A hearing will be held in the Philadelphia County Court of Common Pleas in City Hall, in Courtroom _______ on _____________________________, at _______A.M./ P.M. before The Honorable __________________________, with respect to this matter. The Petitioner must appear on that date and at that time to present evidence as to the reasons(s) that the Sheriff's Sale should be postponed. Petitioner shall bring all documents to the hearing to support their case. The Petitioner shall immediately serve a copy of the Petition, Rule to Show Cause Order, the proposed Order and all supporting papers upon Plaintiff's attorney personally, by facsimile, or by courier service. On the date of the hearing, Petitioner must provide the Court an Affidavit of Service. The Petition may be dismissed if the Petitioner fails to prove that the Plaintiff's attorney was served, and no further postponements of the Sheriff's Sale may be granted by this Court. BY THE COURT: J. Updated - 10/4/16 American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION ­ CIVIL ____________________________ Plaintiff v. ____________________________ Defendant(s) : : : : : : : : : : ____________ TERM, _____ Month Year NO. ___________ Book________Writ________ ORDER AND NOW, this ______ day of _______________, _______ upon consideration of the Petitioner's Petition to Postpone the Sheriff's Sale of Real Property, it is hereby ORDERED AND DECREED that: 1. The Petition to Postpone the Sheriff's Sale of Real Property is GRANTED / DENIED and the SALE IS POSTPONED TO _____________________. 2. A copy of this court Order shall be served on the Sheriff by the Petitioner either faxing it to (215)686-3971 or by delivering a copy to the Sheriff's Office at: Real Estate Division Fifth Floor, Land Title Building 100 South Broad Street Philadelphia, PA 19110 3. The Philadelphia County Sheriff's Department shall announce said postponement at the Sheriff's Sale presently scheduled for _____________________________. 4. No further notice or advertisement required. THIS MAY BE THE ONLY NOTICE YOU RECEIVE OF THE NEXT SHERIFF SALE DATE FOR THIS PROPERTY. 5. No further postponement except by agreement. BY THE COURT: J. Updated - 10/4/16 American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION ­ CIVIL ____________________________ Plaintiff v. ____________________________ Defendant(s) : : : : : : : : : : ____________ TERM, _____ Month Year NO. ___________ Book________Writ________ DEFENDANT'S PETITION TO POSTPONE SHERIFF'S SALE OF REAL PROPERTY -This Petition Must Be Filled Out Completely Or It Will Be Denied -This Petition Must Be Served On The Attorney For The Opposing Side And Failure To Do So May Result In A Dismissal Of This Petition. Party Filing Petition: 1. My name is ___________________________________, the Defendant Borrower in this foreclosure case. Print Full Name 2. I own the property in this foreclosure matter which is located at _____________________________________, Philadelphia Pennsylvania. Address 3. I live at _________________________________________