Updated – 3/9/23
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
Judicial Records, in room 296 City Hall (second floor) and pay the $67.68 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 web‐site at https://courts.phila.gov. The
Office of Judicial Records will provide electronic filing assistance in Room 296 City Hall. For
electronic filing support, email OJRCivil@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 that are signed up for electronic filing.
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)686‐3971 (save proof of this fax) or by
delivering a copy to the Sheriff’s Office (bring an extra copy and have it time‐stamped) 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)334‐HOME.
Updated – 3/9/23
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
TRIAL DIVISION – CIVIL
:
:
:
:
:
TERM,
Month
Year
v.
NO.
:
:
:
: Book_ _Writ
Defendant(s) :
RULE TO SHOW CAUSE ORDER
AND NOW, this day of , 20____ 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 – 3/9/23
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
TRIAL DIVISION – CIVIL
:
:
:
:
:
TERM,
Month
Year
v.
NO.
:
:
:
: Book_ _Writ
Defendant(s) :
ORDER
AND NOW, this day of , 20____ 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 – 3/9/23
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
TRIAL DIVISION – CIVIL
:
:
:
:
:
TERM,
Month
Year
v.
NO.
:
:
:
: Book_ _Writ
Defendant(s) :
DEF ENDANT’S P ETITION TO POSTP ONE SHERIFF’S SALE OF REAL P ROP ERTY
-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 .
4. The name of my housing counselor and/or agency is
_.
5. The Sheriff’s Sale in this matter is currently scheduled for .
Reasons Why Sheriff’s Sale should be postponed (check all boxes that apply):
□ I have applied for HEMAP (Homeowner’s Emergency Mortgage Assistance Program)
o Date of application:
□ I have applied for EHLP (Emergency Homeowner’s Loan Program)
o Date of application:
Updated – 3/9/23
□ I am selling the property. Please attach the following documents:
o Agreement of Sale
o Broker Listing
o Bank Consent
□ Bankruptcy
□ Other. Please state the reason for postponement:
If granted a postponement, I will do the following with the additional time:
Rules of Service:
I understand that I must present proof of service at the hearing. I must provide immediately a complete
copy of the motion package documents to Plaintiff’s counsel by a method which proves that it was served
such as the following:
-Hand delivery at the office of the Plaintiff’s counsel,
-Fax the Petition with confirmation that it was received,
-Deliver the Petition by overnight courier service (Federal express, UPS, DHL,
Airborne Express, or US Postal Service Express Mail)
I understand that if I do not have proof that I complied with this requirement, that my Petition may be
dismissed by the Court, and I may have no further opportunity to postpone the sale.
Updated – 3/9/23
VERIFICATION
This Petition is verified by me. I understand that the statements contained in this Petition are
true and correct to the best of my knowledge, information and belief. I understand that the
statement herein is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to
unsworn falsification to authorities.
Your Signature
Print Your Name
Address- No Post Office Boxes
Last Four Digits of you Social Security Number
Birth Date
Telephone Number Where You Can be Reached by the Court or Plaintiff’s Counsel
Updated – 5/8/24
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
TRIAL DIVISION – CIVIL
: TERM,
: Month Year
:
Plaintiff :
v. : NO.
:
:
:
: Book_ _Writ
Defendant(s) :
AFFIDAVIT OF SERVICE
(PROVIDE TO THE COURT ON THE DAY OF THE HEARING)
I hereby verify, subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to
authorities, that a copy of the Petition to Postpone Sheriff’s Sale of Real Property has been served on the
Plaintiff’s attorney as follows:
DATE SERVED:
MEHTOD OF SERVICE (check the box that applies):
□ By fax
□ Hand Delivery as follows:
Name of Plaintiff’s Attorney:
Office Address:
Name
of Person Served:
□ Courier Service (must attach original receipt from courier service):
□ US Postal Service Express Mail
□ Federal Express
□ UPS
□ DHL
□ Airborne Express
□ Other
Today’s Date:
Your signature
Address (no post office boxes) Print Your Name