IRWIN UNION NATIONAL BANK AND TRUST COMPANY v. GEORGE M. FAMOUS AND NANCY L. FAMOUS AND ATL VENTURES APPEAL OF: ATL VENTURES

IRWIN UNION NATIONAL BANK AND TRUST COMPANY v. GEORGE M. FAMOUS AND NANCY L. FAMOUS AND ATL VENTURES APPEAL OF: ATL VENTURES No. 2716 EDA 2009 2010 PA Super 145 Atlantic: n/a Filed: 8/9/2010
	Appeal from the Order entered August 17, 2009 In the Court of Common Pleas of Chester County Civil Division at No(s): No. 08-06501
Before: SHOGAN, COLVILLE, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Appellant, ATL Ventures (“ATL”), as third party purchaser, appeals from the August 17, 2009 orders of the Court of Common Pleas of Chester County, which denied ATL’s amended petition to set aside the sheriff’s sale, and ATL’s motion for reconsideration. For the reasons discussed below, we affirm.

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US BANK N.A. AS TRUSTEE FOR RESIDENTIAL FUNDING CO., LLC, v. PAMELA MALLORY AND JAMALL ROUNDTREE APPEAL OF: PAMELA MALLORY

US BANK N.A. AS TRUSTEE FOR RESIDENTIAL FUNDING CO., LLC, v. PAMELA MALLORY AND JAMALL ROUNDTREE APPEAL OF: PAMELA MALLORY No. 1924 EDA 2008 2009 PA Super 182 Atlantic: n/a Petition for Reargument Denied 11/24/2009 Filed: 9/14/2009
	Appeal from the Order Entered June 4, 2008 In the Court of Common Pleas of Philadelphia County Civil at No(s): No. 001461 November Term, 2007
Before: STEVENS, KLEIN, and KELLY, JJ.
Opinion by: STEVENS, J.
This is an appeal from the order entered in the Court of Common Pleas of Philadelphia County denying Appellant Pamela Mallory’s petition to strike and/or open the default judgment entered in favor of Appellee US Bank, N.A., as Trustee for Residential Funding Co., LLC. Appellant contends (1) the default judgment should have been stricken since the failure to plead properly an assignment of mortgage in a mortgage foreclosure action is a fatal defect apparent on the face of the record; (2) Appellee did not have standing to bring the instant mortgage foreclosure action, and consequently, the default judgment should be stricken; (3) the trial court erred in denying Appellant’s petition to open the default judgment without considering Appellant’s defenses to the action; and (4) the default judgment should be opened since Appellant met all prongs necessary for the opening of default judgments. We affirm.

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DONALD LEVITT, M.D. v. CRAIG PATRICK, NELSON GOLDBERG AND MARSHA GOLDBERG

DONALD LEVITT, M.D. v. CRAIG PATRICK, NELSON GOLDBERG AND MARSHA GOLDBERG No. 1372 WDA 2007 2009 PA Super 117 Atlantic: n/a Filed: 6/30/2009
	Appeal from the Judgment entered August 7, 2006 In the Court of Common Pleas of ALLEGHENY COUNTY Civil Division at GD No. 01-15053
Before: KLEIN, POPOVICH, and FITZGERALD,* JJ.
Opinion by: FITZGERALD, J.
Appellant, Donald Levitt, M.D. (“Levitt”), appeals from the judgment entered in favor of Appellee, Craig Patrick (“Patrick”), in the Court of Common Pleas of Allegheny County. We hold that a claim need not be discontinued with prejudice for this Court to have jurisdiction to entertain an appeal. We further hold that under the unique facts and circumstances of this case, the action to set aside a sheriff’s sale raised issues different than the instant action of mortgage foreclosure. We finally hold that a terre-tenant actually aware of an outstanding mortgage shares an obligation to repay that mortgage. We reverse the July 5, 2007 order denying post-trial relief, vacate the judgment, and remand for a new trial.

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Superior Court - WELLS FARGO BANK, N.A. FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-MCWI v. JUDY

WELLS FARGO BANK, N.A. FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-MCWI v. JUDY MONROE AND JOSEPH MONROE No. 464 WDA 2008 2009 PA Super 13 Atlantic: 966 A.2d 1140 Filed: 1/26/2009
	Appeal from the Judgment February 6, 2008 In the Court of Common Pleas of Westmoreland County Civil Division at No. 3376 of 2007
Before: BENDER, GANTMAN and POPOVICH, JJ.
Opinion by: BENDER, J.
Judy and Joseph Monroe appeal from the judgment entered on February 6, 2008, which resulted from the February 1, 2008 court order granting the motion for summary judgment in mortgage foreclosure filed by Wells Fargo Bank, N.A. The February 1, 2008 order also denied the Monroes’ cross motion for summary judgment. We affirm.

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Superior Court 6/25/08 - 1313466 ONTARIO, INC. v. JEFFREY N. CARR

1313466 ONTARIO, INC. v. JEFFREY N. CARRAPPEAL OF: U.S. NATIONAL ASSOCIATION, TRUSTEE AS THE ASSIGNEE OF ARGENT MORTGAGE COMPANY
No. 1684 and 1686 WDA 2007 2008 PA Super 135 Atlantic: n/a Filed: 6/25/2008
Appeal from the Order Dated September 11, 2007In the Court of Common Pleas of Cambria CountyCivil Division at No. 2006-5314 and 2006-5315
Before: ORIE MELVIN, BENDER and ALLEN, JJ.
Opinion by: BENDER, J.
U.S. Bank National Association (U.S. Bank), Appellant, appeals from a trial court order denying its petition for intervention. The underlying action is a judgment mortgage foreclosure, filed by 1313466 Ontario, Inc. (Ontario), Appellee, against real property owned by Jeffrey N. Carr (Carr). For the reasons that follow, we quash this appeal.

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