PRINTER'S NO. 4141

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2694 Session of 2008


        INTRODUCED BY McGEEHAN, DALEY, BELFANTI, BISHOP, BRENNAN,
           CALTAGIRONE, CARROLL, DONATUCCI, FRANKEL, GEORGE, KORTZ,
           MAHONEY, McILVAINE SMITH, M. O'BRIEN, PASHINSKI, PAYTON,
           PETRONE, RAMALEY, READSHAW, ROEBUCK, SIPTROTH, K. SMITH,
           SWANGER, J. TAYLOR, THOMAS, WALKO, J. WHITE AND YOUNGBLOOD,
           JULY 2, 2008

        REFERRED TO COMMITTEE ON COMMERCE, JULY 2, 2008

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     original jurisdiction and venue of the courts of common
     4     pleas; and providing for mortgage foreclosures.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 931(a) of Title 42 of the Pennsylvania
     8  Consolidated Statutes is amended to read:
     9  § 931.  Original jurisdiction and venue.
    10     (a)  General rule.--Except where exclusive original
    11  jurisdiction of an action or proceeding is by statute or by
    12  general rule adopted pursuant to section 503 (relating to
    13  reassignment of matters) vested in another court of this
    14  Commonwealth, the courts of common pleas shall have, subject to
    15  section 5112 (relating to mortgage foreclosures), unlimited
    16  original jurisdiction of all actions and proceedings, including
    17  all actions and proceedings heretofore cognizable by law or

     1  usage in the courts of common pleas.
     2     * * *
     3     Section 2. Title 42 is amended by adding a section to read:
     4  § 5112.  Mortgage foreclosures.
     5     (a)  Scope.--This section applies to every action arising out
     6  of a default on a mortgage on owner-occupied residential
     7  property.
     8     (b)  Conciliation conference.--Before commencing an action
     9  referred to in subsection (a), the plaintiff must do all of the
    10  following:
    11         (1)  Notify the defendant of:
    12             (i)  the REfinance to an Affordable Loan (REAL)
    13         Program of the Pennsylvania Housing Finance Agency; and
    14             (ii)  the Homeowners' Equity Recovery Opportunity
    15         Loan (HERO) Program of the agency.
    16         (2)  Participate in a conciliation conference with the
    17     defendant approved by the agency.
    18     (c)  Proof.--A statement from the agency is required to
    19  establish compliance with subsection (b).
    20     Section 3.  This act shall apply to actions commenced on or
    21  after the effective date of this section.
    22     Section 4.  This act shall take effect in 60 days.






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