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FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
President Judge Administrative Order
No. 20 of 2021
In re: Further Procedures Regarding Moratorium on Philadelphia Sheriff’s
Mortgage Foreclosure and Tax Sales
AND NOW, this 26th day of May, 2021, pursuant to this Court’s April 29, 2021,
Administrative Order No. 18 of 2021, which Stayed all Sheriff Sales until September 2021, and
to establish a process for eligible plaintiffs and/or debtors to be removed from the Stay because
the Property subject to sale is not and/or may not be eligible for relief under the American
Rescue Plan, it is hereby ORDERED and DECREED as follows:
. COMMERCIAL NON-RESIDENTIAL MORTAGE AND OTHER DEBT OR
ASSET SHERIFF SALES
A
1) For real estate, property, and/or assets previously scheduled for Sheriff Sale from
March 17, 2020 through August 31, 2021, involving collection of a debt other than a
tax lien as described in Section B herein, and including commercial mortgage or other
commercial litigation, Plaintiff/Debtor may file a motion to request the matter be
removed from the Stay and be allowed to proceed to sale. Said motion shall include
sufficient information for the Court to make a determination on the papers that the
matter is commercial nonresidential mortgage and/or other debt or asset execution.
2) The motion shall be served on all parties of interest and proof of service filed with the
Court.
3) The Court may grant or deny the motion on the pleadings or schedule the matter for
hearing. If the motion is granted, movant shall deliver the Order to the Sheriff and
request a Sheriff Sale be scheduled.
) All Philadelphia County Tax Sales previously listed for Sheriff Sale on a date certain
between March 17, 2020 and August 31, 2021 remain stayed unless ordered as set
forth herein.
) The City of Philadelphia and/or U.S. Bank, N.A. as Trustee, may file a motion to
request the Property at issue be allowed to proceed to a Sheriff’s Sale after September
1, 2021. The filing fees for the motion filed on or before August 31, 2021, are
waived. The motion may be electronically filed in the Motions section of the Civil
Electronic Filing System at https://fjdefile.phila.gov/. If a filer does not have the
means for electronic filing, the Office of Judicial Records should be contacted to
make an appointment to file in person at the Court’s Civil Filing Center.
Phone: (215)686-4251 Email: OJRCivil@courts.phila.gov
B. TAX SALES
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The motion shall include sufficient information for the Court to make a
determination on the papers that the Property subject to sale is not and/or
may not be eligible to receive funds under the American Rescue Plan, and
shall include a blank Response Statement Form, Exhibit A attached hereto,
and “The Important Notice to Homeowners,” Exhibit B attached hereto.
The motion packet shall be served on all owners and occupant(s) of the
Property at issue.
Any occupant and/or owner of the Property contesting the allegations in
the Motion shall file the Response Statement (Exhibit A) with the Office
of Judicial Records no later than 20 days after service. A hearing will be
scheduled if the Response Statement is filed. The Response Statement
may be electronically filed as an Answer/Response to Motion in the
Motions section of the Civil Electronic Filing System at
https://fjdefile.phila.gov/. If a filer does not have the means for electronic
filing, the Office of Judicial Records should be contacted to make an
appointment to file in person at the Court’s Civil Filing Center.
(Phone: (215)686-4251 Email: OJRCivil@courts.phila.gov)
The Court may grant or deny the motion on the pleadings or schedule the
matter for hearing.
) If the Motion is granted, movant shall deliver the Order to the Sheriff and request a
Sheriff Sale be scheduled.
C. MORTGAGE SALES
) Except as set forth in Section “A” above, all Philadelphia County Mortgage Sheriff
Sales previously listed for Sheriff Sale on a date certain between March 17, 2020 and
August 30, 2021 remain stayed unless ordered as set forth herein.
) Plaintiff may file a motion to request the Property at issue be allowed to proceed to a
Sheriff’s Sale after September 1, 2021. The filing fees for the motion filed on or
before August 31, 2021, are waived. The motion may be electronically filed in the
Motions section of the Civil Electronic Filing System at https://fjdefile.phila.gov/.
The motion shall include sufficient information for the Court to make a
determination on the papers that the Property subject to sale is not and/or
may not be eligible to receive funds under the American Rescue Plan, and
shall include a blank Response Statement Form, Exhibit A attached hereto,
and “The Important Notice to Homeowners,” Exhibit C attached hereto.
The motion packet shall be served on the all owners and occupant(s) of the
Property at issue.
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a)
b)
c)
d)
a)
b)
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c)
Any occupant and/or owner of the Property contesting the allegations in
the Motion shall file the Response Statement (Exhibit A) with the Office
of Judicial Records no later than 20 days after service. A hearing will be
scheduled if the Response Statement is filed. The Response Statement
may be electronically filed as an Answer/Response to Motion in the
Motions section of the Civil Electronic Filing System at
https://fjdefile.phila.gov/. If a filer does not have the means for electronic
filing, the Office of Judicial Records should be contacted to make an
appointment to file in person at the Court’s Civil Filing Center.
(Phone: (215)686-4251 Email: OJRCivil@courts.phila.gov)
d)
The Court may grant or deny the motion on the pleadings or schedule the
matter for hearing.
) If the motion is granted, movant shall deliver the Order to the Sheriff and request a
Sheriff Sale be scheduled.
D. FURTHER PROCEDURES
) All matters other than where motions were filed as described above will be subject to
a supplemental Order designating procedures for homeowners to seek assistance from
homeowner advocates regarding available resource connections once further
information is available.
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BY THE COURT:
s/ Idee C. Fox ______________________
Idee C. Fox, President Judge
Court of Common Pleas Philadelphia County
First Judicial District of Pennsylvania
s/ Lisette Shirdan-Harris ________________
Lisette Shirdan-Harris, Administrative Judge, Trial Division
Court of Common Pleas Philadelphia County
First Judicial District of Pennsylvania
s/ Daniel J. Anders _______________________
Daniel J. Anders, Supervising Judge. Trial Division, Civil Section
Court of Common Pleas Philadelphia County
First Judicial District of Pennsylvania
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/
/
/
FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
CIVIL TRIAL DIVISION
Plaintiff
Defendant
TERM, 20
NO.
Sheriff Book _____ Writ ______
RESPONSE STATEMENT
, hereby certify as follows:
ith regards to the Property located at
hiladelphia, PA _______________
] I reside in the property identified above.
laintiff has filed a Motion stating that the Property is vacant and/or commercial.
request that the Court schedule a hearing to determine whether I live in the property.
he undersigned verifies that the statements made herein are true and correct. I understand that
false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
Signature of Defendant(s)/Occupant(s)
Phone Number:
Mobile Number:
Fax Number:
Email Address:
his Response Statement may be electronically filed as an Answer/Response to Motion in the Motions section
of the Civil Electronic Filing System at https://fjdefile.phila.gov/. If you do not have the means for electronic
filing, the Office of Judicial Records should be contacted to make an appointment to file in person at the
Court’s Civil Filing Center. Phone: (215)686-4251 Email: OJRCivil@courts.phila.gov.
EXHIBIT “A”
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First Judicial District of Pennsylvania
Court of Common Pleas of Philadelphia County
IMPORTANT NOTICE TO HOMEOWNERS
he City of Philadelphia in your Tax Petition case has filed a
request with the Court to allow your property to be sold at
Sheriff’s Sale because the City believes you do not live in
the property.
f you do live in the property, you must file a Response
Statement, included with this Notice, with the Court as soon
as possible. To do this, you may go to the Office of Judicial
Records at City Hall, email the Office of Judicial Records at
OJRCivil@courts.phila.gov, or call 215-686-4251 to make an
appointment to file in person.
ou should also call the Save Your Home Philly Hotline
at 215-334-4663 for assistance with stopping your sale.
f you do not live in the property, you may file a Motion to
Postpone the Sheriff’s Sale.
T
I
Y
I
If you ignore this notice, the Property
may be sold at a Sheriff's Sale.
For questions or for assistance filing the
Occupant Certification, call the Save Your Home
Philly Hotline:
215-334-HOME or 215-334-4663
You can also contact __________[insert firm
name and contact information] to discuss your
payment options.
EXHIBIT “B”
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First Judicial District of Pennsylvania
Court of Common Pleas of Philadelphia County
IMPORTANT NOTICE TO HOMEOWNERS
he Plaintiff in your mortgage foreclosure case has filed a
request with the Court to allow your property to be sold at
Sheriff’s Sale because the Plaintiff believes you do not live in
the property.
f you do live in the property, you must file a Response
Statement, included with this Notice, with the Court as soon
as possible. To do this, you may go to the Office of Judicial
Records at City Hall, email the Office of Judicial Records at
OJRCivil@courts.phila.gov, or call 215-686-4251 to make an
appointment to file in person.
ou should also call the Save Your Home Philly Hotline
at 215-334-4663 for assistance with stopping your sale.
f you do not live in the property, you may file a Motion to
Postpone the Sheriff’s Sale.
T
I
Y
I
If you ignore this notice, the Property
may be sold at a Sheriff's Sale.
For questions or for assistance filing the
Occupant Certification, call the Save Your Home
Philly Hotline:
215-334-HOME or 215-334-4663
You can also contact __________[insert firm
name and contact information] to discuss your
payment options.
EXHIBIT “C”
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