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HomeMy WebLinkAbout10-4841SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~ ,,,, ~t ;~'rlrnGr~h~ ~ -- - Jody S Smith ~ . Is °~~_ Chief Deputy - ri`;:! ...'~/l0"AM tC~05 Richard W Stewart ~~© a Solicitor OFF ` F . -"` "'-~~~~ ~~i ~., Metro Bank Case Number vs. 2010-4841 George E. Seidle, Jr. SHERIFF'S RETURN OF SERVICE 08/03/2010 08:45 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on August 3, 2010 at 2045 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: George E. Seidle Jr., by making known unto Alison C. Macadam, Wife of defendant at 813 Wentzville Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. RONALD HOOVER, DEP TY SHERIFF COST: $41.50 August 05, 2010 SO ANSWERS, l "" RON R ANDERSON, SHERIFF (ci Caunt,S~ita Sheriff, TeleosofL. Inc. Steven J. Schiffman, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 s schiffmannassbc-law. com i maddengssbc-law. com IEU-CF FICE OF I I` " I' C f IiON0TARY 2010 SEA' 22 AN 8: ?F CUMBERLAND CoUwry !iS`! W111 N IA, METRO BANK, F/K/A COMMERCE : IN THE COURT OF COMMON PLEAS OF BANK/HARRISBURG, F/K/A : CUMBERLAND COUNTY, PENNSYLVANIA COMMERCE BANK/ HARRISBURG, N.A., Plaintiff V. : No. 2010 - 4841 GEORGE E. SEIDLE, JR. Defendant MOTION TO VACATE JUDGMENT AND NOW, comes Metro Bank, f/k/a Commerce Bank/Harrisburg, f/k/a Commerce Bank/Harrisburg, N.A. ("Plaintiff'), by and through its counsel, Serratelli, Schiff nan & Brown, P.C., and files this Motion to Vacate Judgment, and in support thereof avers as follows: 1. Defendant George E. Seidle, Jr. ("Defendant") is presently a debtor in a bankruptcy in the Pennsylvania Middle District Bankruptcy Court, docketed at number 10: 10-0 1645-MDF. 2. On or about July 12, 2010, Pennsylvania Middle District Bankruptcy Court issued an Order, lifting the automatic stay as to the Property. 3. On or about July 23, 2010, Plaintiff commenced the above-captioned matter by filing a Complaint in Mortgage Foreclosure against Defendant, with regards to property known as 136 South Enola Road, Enola, Cumberland County, Pennsylvania 17025 ("the Property") 4. On or about August 6, 2010, Defendant filed a Motion to Reimpose the Automatic Stay with the Pennsylvania Middle District Bankruptcy Court, asking for the automatic stay to be reimposed as to the Property. 5. A hearing on the Motion to Reimpose the Automatic Stay was originally scheduled for August 31, 2010. 6. On or about August 25, 2010, the Pennsylvania Middle District Bankruptcy Court issued an Order rescheduling the hearing on the Motion to Reimpose the Automatic Stay for September 14, 2010. In its Order rescheduling said hearing, the Pennsylvania Middle District Bankruptcy Court reimposed the automatic stay as to the Property, pending the September 14, 2010 hearing. 7. Unaware that the automatic stay had been reimposed, on September 7, 2010, Plaintiff entered default judgment against Defendant for failure to answer the Complaint. 8. Plaintiff now requests that the September 7, 2010 default judgment, which was erroneously entered while automatic stay was reimposed, be vacated. 9. Plaintiff counsel has provided a copy of this Motion to Defendant. Defendant concurs with this Motion. Date: Respectfully submitted, SERRATELLI, SCHIFFMAN, & BROWN, P.C. By Steve J. Schiffinan, Esquire Jeni . Madden, Esquire Pa. ID Nos. 25488 & 209536 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 CERTIFICATE OF SERVICE I, Jeni S. Madden, Esquire, hereby certify that on this 22°d day of September, 2010,1 served a true and correct copy of Praecipe via United States First Class Mail, Postage Paid on the following: George E. Seidle, Jr. 813 Wertzville Road Enola, PA 17025. Jen' Madden, Esquire SEP 2 3 2010 METRO BANK, F/K/A COMMERCE : IN THE COURT OF COMMON PLEAS OF BANK/HARRISBURG, F/K/A :CUMBERLAND COUNTY, PENNSYLVANIA COMMERCE BANK/ HARRISBURG, N.A., Plaintiff ~. No. 2010 - 4841 GEORGE E. SEIDLE, JR. Defendant ORDER 3 AND NOW, this ~ y of _~ 2010, upon consideration of Plaintiff's Motion to Vacate Judgment, it is hereby ORDERED that Plaintiff's Motion is granted and the default judgment entered on ~¢ is hereby VACATED. ~ ~ ~~~ ~_~ ~: -,~ ~ ~, -~ ~.R° -~~ rn w ~,. r,-, c,n , ~-, ry:.T __ D =~ ~~ r ~ ~ ` -~-' ° I} c-~ ~ ~ ~~ --s c..> =~' -.C c~ stribution List: Je S. Madden, Esquire, 2080 Linglestown Road, Suite 201, Harrisburg, PA 17110 ~rge E. Seidle, Jr., 813 Wertzville Road, Enola, PA 17025 l~0 L t~ ~'Yl~ ~ l~~ ~. (~ (~~' e ~ So~y~ ~~a~`,~ BY THE COURT: