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Filing # 51979830 E-Filed 02/02/2017 01:20:09 PM
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY, FLORIDA
CIVIL DIVISION °
JP MORGAN CHASE BANK NATIONAL
ASSOCIATION Case #: 2014-CA-048489
DIVISION: F
Plaintiff,
VS.
KAREN PENNINGTON; et al.
Ln
Defendant(s}.
PLAINTIFF'S MOTION TO RESCHEDULE FORECLOSURE SALE
Plaintiff, JP MORGAN CHASE BANK NATIONAL ASSOCIATION, moves this Honorable
Court for an Order rescheduling the Clerk's Sale, and in support thereof states, as follows:
1, A Final Judgment of Foreclosure was entered in this case on May 11, 2016 in favor of Plaintiff
and Clerk's sale was scheduled to take place on July 13, 2016.
2. On July 7, 2016, Defendant(s) filed Bankruptcy proceedings in the U.S. Bankruptcy Court, Case
No. 6:16-bk-04494-RAC; thus, all further proceedings were stayed and the sale was canceled.
3. The stay has been lifted by the Bankruptcy Court pursuant to the Order entered on August 30,
2016, a copy of which is attached hereto as "Exhibit A”.
4. Accordingly, it is necessary to reset the foreclosure sale and to provide Notice of said sale in
accordance with Florida Statutes §45.031.
WHEREFORE, Plaintiff respectfully requests that this court enter an order rescheduling the
Clerk’s Sale in the above-referenced action.
CERTIFICATE OF SERVICE
I SEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S.
Mail and/or email service if an email address is so listed below on this day of era .
2017 to the following:
Karen Pennington, 2049 Glendale Boulevard, Mims, FL 32754
Filing 51979830 JPMORGAN VS KAREN PENNINGTON 05-2014-CA-048489-XXXX-XXce: Charles W. Price, Esq., 390 Maitland Avenue Suite 1000, Altamonte Springs, FL 32701
cc: Charles W. Price, Esq., cpricelaw@gmail.com
*Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiff’s counsel hereby
designates its primary email address for the purposes of email service as:
SFGBocaService@logs.com*
SHAPIRO, FISHMAN & GACHE, LLP
Attorneys for Plaintiff
2424 North Federal Highway, Ste 360
Boca Raton, Florida 33431
Telephone: (561) 998-6700
Fax: (561) 998-6707
For Email Service Only: SFGBocaService@logs.com
For all other iiquiries: lugarte@logs.com
= a
By:
Luciana Ugarte,
FL Bar # 42532
Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be deemed a debt
collector and any information obtained may be used for that purpose.
15-292308 FCO1 CHE
Filing 51979830 JPMORGAN VS KAREN PENNINGTON 05-2014-CA-048489-XXXX-XXCase 6:16-bk-04494-RAC Doc17 Filed 08/30/16 Page 1 of 2
ORDERED.
Dated: August 30, 2016
United States Bankruptcy Judge
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
www. flmb.uscourts.gov
IN RE: Case No. 6:16-bk-04494-RAC
Karen Eileen Pennington Chapter 7
Debtor. i
ORDER GRANTING JPMORGAN CHASE BANK, NATIONAL ASSOCIATION RELIEF
FROM STAY
(RE: 2049 Glendale Boulevard, Mims, FL, 32754)
THIS CASE came on for consideration the Motion for Relief from the Automatic Stay
filed by JPMorgan Chase Bank, National Association (MOVANT) (Doc. No.# 12) on August 4,
2016. No appropriate response having been filed in accordance with Local Rule 2002-4, the
matter is deemed uncontested and therefore it is:
ORDERED:
1 The motion for relief from the automatic stay is granted.
2. The automatic stay arising by reason of 11 U.S.C. Section 362 of the Bankruptcy
Code is terminated as to Movant's interest in the following property:
A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 21 SOUTH, RANGE 35
EAST, BREVARD COUNTY, FLORIDA, THE SAME BEING LOT 4 IN BLOCK "E"
OF SHADY VILLAS UNIT NO. 2, RECORDED IN PLAT BOOK 21, AT PAGE 85,
OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, A PORTION OF
WHICH WAS VACATED AS DESCRIBED IN OFFICIAL RECORDS BOOK 1457,
AT PAGE 861, OF SAID PUBLIC RECORDS MORE PARTICULARLY DESCRIBED
AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF
LOT 1, BLOCK "E” OF SHADY VILLAS UNIT NO. 2, ACCORDING TO THE PLAT
EXHIBIT A
Filing 51979830 JPMORGAN VS KAREN PENNINGTON 05-2014-CA-048489-XXXX-XXCase 6:16-bk-04494-RAC Doc17 Filed 08/30/16 Page 2 of 2
THEREOF AS RECORDED IN PLAT BOOK 21, AT PAGE 85, OF SAID PUBLIC
RECORDS WITH THE EASTERLY RIGHT OF WAY LINE OF GLENDALE
BOULEVARD, RECORDED IN OFFICIAL RECORDS BOOK 976, PAGE 223, OF
SAID PUBLIC RECORDS, SAID POINT BEING ON A CURVE TO THE LEFT,
HAVING A RADIUS OF 512.34 FEET AND WHOSE RADIUS POINT LIES SOUTH
63 DEGREES 56 MINUTES 42 SECONDS WEST FROM SAID POINT; THENCE
RUN NORTHWESTERLY ALONG SAID EASTERLY RIGHT OF WAY LINE AND
ALONG THE ARC OF SAID CURVE 150.23 FEET, THROUGH A CENTRAL
ANGLE OF 16 DEGREES 48 MINUTES 00 SECONDS TO THE POINT OF
BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE ALONG SAID
EASTERLY RIGHT OF WAY AND ALONG THE ARC OF SAID CURVE 7.70 FEET,
THROUGH A CENTRAL ANGLE OF 00 DEGREES 5! MINUTES 39 SECONDS TO
THE POINT OF TANGENCY; THENCE RUN NORTH 43 DEGREES 42 MINUTES
57 SECONDS WEST, ALONG SAID WESTERLY RIGHT OF WAY, A DISTANCE
OF 70.00 FEET ; THENCE RUN NORTH 46 DEGREES 17 MINUTES 03 SECONDS
EAST, A DISTANCE OF 105.00 FEET; THENCE RUN SOUTH 43 DEGREES 42
MINUTES 57 SECONDS EAST, A DISTANCE OF 79.28 FEET; THENCE RUN
SOUTH 47 DEGREES 08 MINUTES 42 SECONDS WEST, A DISTANCE OF 105.07
FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION,
Property Address: 2049 Glendale Boulevard, Mims, FL 32754
3. The Order Granting Relief from Stay is entered for the sole purpose of allowing
movant to obtain an in rem judgment against the property and that movant shall not obtain an in
personam relief against the debtor.
XXX
Attorney Elizabeth Eckhart is directed to serve a copy of this order on interested parties and file
a proof of service within 3 days of entry of the order.
15-292308 BKO1 CHE
Filing 51979830 JPMORGAN VS KAREN PENNINGTON 05-2014-CA-048489-XXXX-XX
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Filing # 51979830 E-Filed 02/02/2017 01:20:09 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA CIVIL DIVISION ° JP MORGAN CHASE BANK NATIONAL ASSOCIATION Case #: 2014-CA-048489 DIVISION: F Plaintiff, VS. KAREN PENNINGTON; et al. Ln Defendant(s}. PLAINTIFF'S MOTION TO RESCHEDULE FORECLOSURE SALE Plaintiff, JP MORGAN CHASE BANK NATIONAL ASSOCIATION, moves this Honorable Court for an Order rescheduling the Clerk's Sale, and in support thereof states, as follows: 1, A Final Judgment of Foreclosure was entered in this case on May 11, 2016 in favor of Plaintiff and Clerk's sale was scheduled to take place on July 13, 2016. 2. On July 7, 2016, Defendant(s) filed Bankruptcy proceedings in the U.S. Bankruptcy Court, Case No. 6:16-bk-04494-RAC; thus, all further proceedings were stayed and the sale was canceled. 3. The stay has been lifted by the Bankruptcy Court pursuant to the Order entered on August 30, 2016, a copy of which is attached hereto as "Exhibit A”. 4. Accordingly, it is necessary to reset the foreclosure sale and to provide Notice of said sale in accordance with Florida Statutes §45.031. WHEREFORE, Plaintiff respectfully requests that this court enter an order rescheduling the Clerk’s Sale in the above-referenced action. CERTIFICATE OF SERVICE I SEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail and/or email service if an email address is so listed below on this day of era . 2017 to the following: Karen Pennington, 2049 Glendale Boulevard, Mims, FL 32754 Filing 51979830 JPMORGAN VS KAREN PENNINGTON 05-2014-CA-048489-XXXX-XXce: Charles W. Price, Esq., 390 Maitland Avenue Suite 1000, Altamonte Springs, FL 32701 cc: Charles W. Price, Esq., cpricelaw@gmail.com *Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiff’s counsel hereby designates its primary email address for the purposes of email service as: SFGBocaService@logs.com* SHAPIRO, FISHMAN & GACHE, LLP Attorneys for Plaintiff 2424 North Federal Highway, Ste 360 Boca Raton, Florida 33431 Telephone: (561) 998-6700 Fax: (561) 998-6707 For Email Service Only: SFGBocaService@logs.com For all other iiquiries: lugarte@logs.com = a By: Luciana Ugarte, FL Bar # 42532 Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be deemed a debt collector and any information obtained may be used for that purpose. 15-292308 FCO1 CHE Filing 51979830 JPMORGAN VS KAREN PENNINGTON 05-2014-CA-048489-XXXX-XXCase 6:16-bk-04494-RAC Doc17 Filed 08/30/16 Page 1 of 2 ORDERED. Dated: August 30, 2016 United States Bankruptcy Judge UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION www. flmb.uscourts.gov IN RE: Case No. 6:16-bk-04494-RAC Karen Eileen Pennington Chapter 7 Debtor. i ORDER GRANTING JPMORGAN CHASE BANK, NATIONAL ASSOCIATION RELIEF FROM STAY (RE: 2049 Glendale Boulevard, Mims, FL, 32754) THIS CASE came on for consideration the Motion for Relief from the Automatic Stay filed by JPMorgan Chase Bank, National Association (MOVANT) (Doc. No.# 12) on August 4, 2016. No appropriate response having been filed in accordance with Local Rule 2002-4, the matter is deemed uncontested and therefore it is: ORDERED: 1 The motion for relief from the automatic stay is granted. 2. The automatic stay arising by reason of 11 U.S.C. Section 362 of the Bankruptcy Code is terminated as to Movant's interest in the following property: A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 21 SOUTH, RANGE 35 EAST, BREVARD COUNTY, FLORIDA, THE SAME BEING LOT 4 IN BLOCK "E" OF SHADY VILLAS UNIT NO. 2, RECORDED IN PLAT BOOK 21, AT PAGE 85, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, A PORTION OF WHICH WAS VACATED AS DESCRIBED IN OFFICIAL RECORDS BOOK 1457, AT PAGE 861, OF SAID PUBLIC RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF LOT 1, BLOCK "E” OF SHADY VILLAS UNIT NO. 2, ACCORDING TO THE PLAT EXHIBIT A Filing 51979830 JPMORGAN VS KAREN PENNINGTON 05-2014-CA-048489-XXXX-XXCase 6:16-bk-04494-RAC Doc17 Filed 08/30/16 Page 2 of 2 THEREOF AS RECORDED IN PLAT BOOK 21, AT PAGE 85, OF SAID PUBLIC RECORDS WITH THE EASTERLY RIGHT OF WAY LINE OF GLENDALE BOULEVARD, RECORDED IN OFFICIAL RECORDS BOOK 976, PAGE 223, OF SAID PUBLIC RECORDS, SAID POINT BEING ON A CURVE TO THE LEFT, HAVING A RADIUS OF 512.34 FEET AND WHOSE RADIUS POINT LIES SOUTH 63 DEGREES 56 MINUTES 42 SECONDS WEST FROM SAID POINT; THENCE RUN NORTHWESTERLY ALONG SAID EASTERLY RIGHT OF WAY LINE AND ALONG THE ARC OF SAID CURVE 150.23 FEET, THROUGH A CENTRAL ANGLE OF 16 DEGREES 48 MINUTES 00 SECONDS TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE ALONG SAID EASTERLY RIGHT OF WAY AND ALONG THE ARC OF SAID CURVE 7.70 FEET, THROUGH A CENTRAL ANGLE OF 00 DEGREES 5! MINUTES 39 SECONDS TO THE POINT OF TANGENCY; THENCE RUN NORTH 43 DEGREES 42 MINUTES 57 SECONDS WEST, ALONG SAID WESTERLY RIGHT OF WAY, A DISTANCE OF 70.00 FEET ; THENCE RUN NORTH 46 DEGREES 17 MINUTES 03 SECONDS EAST, A DISTANCE OF 105.00 FEET; THENCE RUN SOUTH 43 DEGREES 42 MINUTES 57 SECONDS EAST, A DISTANCE OF 79.28 FEET; THENCE RUN SOUTH 47 DEGREES 08 MINUTES 42 SECONDS WEST, A DISTANCE OF 105.07 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION, Property Address: 2049 Glendale Boulevard, Mims, FL 32754 3. The Order Granting Relief from Stay is entered for the sole purpose of allowing movant to obtain an in rem judgment against the property and that movant shall not obtain an in personam relief against the debtor. XXX Attorney Elizabeth Eckhart is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. 15-292308 BKO1 CHE Filing 51979830 JPMORGAN VS KAREN PENNINGTON 05-2014-CA-048489-XXXX-XX