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[U] Green Tree Servicing, LLC v. Strausbaugh

Superior Court of Pennsylvania

February 27, 2014

GREEN TREE SERVICING, LLC, Appellee
v.
MICHAEL J. STRAUSBAUGH, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Order entered on January 31, 2013 in the Court of Common Pleas of Adams County, Civil Division, No. 2012 SU 71

BEFORE: DONOHUE, SHOGAN and MUSMANNO, JJ.

MEMORANDUM

MUSMANNO, J.

Michael J. Strausbaugh ("Strausbaugh"), [1] pro se, appeals from the trial court's Order denying his "Formal Objection; Motion for Reconsideration and Annulment of Final Judgment" in the mortgage foreclosure action brought against him and Rebecca Strausbaugh[2] by Green Tree Servicing, LLC ("Green Tree"). We affirm.

The trial court summarized the history underlying the instant appeal as follows:

On January 17, 2012, [Green Tree] initiated a cause of action in mortgage foreclosure against [Rebecca Strausbaugh and Strausbaugh (collectively, "the Strausbaughs")]. [Green Tree] sought to foreclose upon [the Strausbaughs'] property located at 1946 E. Berlin Road, New Oxford, Pennsylvania. Initial attempts by the Sheriff to serve [the Strausbaughs] with [Green Tree's] complaint in mortgage foreclosure at the mortgaged property were unsuccessful[, ] as the property appeared to be vacant. On February 17, 2012, service of the complaint on [the Strausbaughs] was eventually accomplished at 513 McArthur Boulevard, Warner Robins, Georgia, 31093[, ] in accordance with Pennsylvania Rules of Civil Procedure 402 and 404[, ] and as evidenced by two affidavits of service filed on February 24, 2012. [The Strausbaughs] failed to file a responsive pleading to [Green Tree's] complaint. [Green Tree] sent notices of default to [the Strausbaughs], both at the address of the mortgaged property and the Georgia address where service of the complaint had been accomplished. [The Strausbaughs] failed to respond to the notices of default, and, accordingly, default judgment was entered against [the Strausbaughs] on July 18, 2012. A Sheriff's sale of the property was scheduled on November 16, 2012[, ] at 10:00 a.m. [Strausbaugh] received Notice of the Sheriff's sale at his address at the United States Penitentiary-Tucson.
On November 13, 2012, Strausbaugh filed his pro se "Petition to Postpone November 16, 2012 Sheriff Sale." Strausbaugh alleged that he had means to cure or satisfy the mortgage foreclosure debt and requested a postponement of the November 16, 2012 Sheriff's sale. By Order dated November 14, 2012, [the trial c]ourt granted Strausbaugh's request and postponed the Sheriff's sale until January 18, 2013. The November 14, 2012 Order also indicated that [Green Tree] was not required to provide additional advertisement or notice of the sale. On November 16, 2012, a copy of the November 14, 2012 Order was served on Strausbaugh by mail at his current address at the United States Penitentiary-Tucson, the address Strausbaugh used in his Petition to Postpone. The Sheriff's sale ultimately occurred on January 18, 2013.

Trial Court Opinion, 2/11/13, at 1-2 (footnotes omitted).

Eleven days after the Sheriff's sale, on January 29, 2013, Strausbaugh filed a pro se "Formal Objection; Motion for Reconsideration and Annulment of Final Judgment." By this filing, Strausbaugh sought to strike off or open the judgment entered against him, or set aside the Sheriff's sale, averring that he had not received notices from the court and that his right to due process had been violated. Formal Objection at 3-4.

On January 31, 2013, the trial court denied Strausbaugh's Motion. On February 5, 2013, Strausbaugh filed a pro se "Motion to Hold Proceedings in Abeyance" and a Notice of Appeal. The trial court denied Strausbaugh's Motion. Trial Court Order, 3/15/13. Strausbaugh has filed with this Court a court-ordered Pa.R.A.P. 1925(b) Concise Statement of Matters Complained of on Appeal.

Strausbaugh presents the following claims for our review:
I. Whether [Strausbaugh] was denied due process in service of Pleadings, Orders[, ] Agreements, etc., by [Green Tree] and the [trial c]ourt ...

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