_____________________ 

David A. Rosen 

Virginia Bar No. 44494 

BUONASSISSI, HENNING & LASH 

A Professional Corporation 

1861 Wiehle Avenue, Suite 300 

Reston, Virginia 20190 

Phone (703) 796-1341, ext. 110 

Fax (703) 796-9383 

e-mail: drosen@bhlpc.com 

Counsel for Movant

1  

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

NEWPORT NEWS DIVISION 

In re: ) 

) CHAPTER 7 

DAVID PAUL BUCK 

A/K/A DAVID P. BUCK 

AND 

AMY DENISE BUCK 

A/K/A AMY D. BUCK 

DBA WAGS & WHISKERS PET SITTING 

SERVICE, LLC 

) 

) 

) 

) 

) 

) 

) 

) 

) 

 ) CASE No. 17-51549-SCS 

 Debtors. ) 

___________________________________ ) 

 ) 

NEW PENN FINANCIAL, LLC 

D/B/A SHELLPOINT MORTGAGE 

SERVICING 

) 

) 

) 

 ) 

 Movant, ) 

v. ) 

 ) 

DAVID PAUL BUCK 

A/K/A DAVID P. BUCK 

AND 

AMY DENISE BUCK 

A/K/A AMY D. BUCK 

DBA WAGS & WHISKERS PET SITTING 

SERVICE, LLC 

AND 

CLARA P. SWANSON, TRUSTEE 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

 ) FILED PURSUANT TO 11 U.S.C 

 Defendants. ) SECTION 362 

Case 17-51549-SCS Doc 11 Filed 12/21/17 Entered 12/21/17 11:38:50 Desc Main

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MOTION SEEKING RELIEF FROM STAY 

Comes now New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing (the 

“Movant”), a secured creditor, by Counsel, and moves this Honorable United States 

Bankruptcy Court for Relief from the Stay imposed by 11 U.S.C. Section 362(a), and in 

support thereof, state as follows: 

1. That this Motion is filed pursuant to 11 U.S.C. Section 362(d) and Rules 

4001 and 9014 of the Bankruptcy Rules, as hereinafter shall more fully appear. 

2. That the Movant is a secured creditor of the Debtors, whose claim is based 

upon a certain Note dated November 14, 2003 in the principal amount of $108,720.00 and 

executed by David Paul Buck, a/k/a David P. Buck and Amy Denise Buck, a/k/a Amy D. 

Buck, dba Wags & Whiskers Pet Sitting Service, LLC, the Debtors herein. The total amount 

due, including the unpaid principal balance of $82,285.65 due under said Note as of 

December 15, 2017, interest of $4,214.02 at the Note rate, late charges and attorney's fees 

and costs was approximately $89,158.10. A copy of an estimated payoff statement is 

attached hereto, marked as Exhibit A, as is a copy of the said Note, marked as Exhibit B. 

Repayment of said Note is secured by that certain Deed of Trust dated November 14, 2003 

and recorded on November 17, 2003 as Instrument # LR030036199 among the land records 

of York County, Virginia, by which the subject property was conveyed to Allen C. Tanner, 

Jr., Trustee(s), which property has the address of 103 Kelsey Road, Williamsburg, VA 

23185 and which is more particularly described in the Deed of Trust as: 

All that certain lot, piece or parcel of land, lying and being in, and 

situate in Bruton Magisterial District, York County, Virginia, and 

known and designated as Lot 19 on that certain blueprint plat 

entitled, “GREENSPRINGS, SECTION A”, made April 20, 1959, 

by McManus Mrock, and McManus, C.L.S., a blueprint copy of 

said plat being duly of record in the Clerk’s Office of the Circuit 

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Court of York County, in Plat book 6 on page 44. Reference to 

said plat is herewith made for a complete description of said 

property. 

A copy of said Deed of Trust and Assignment of Deed of Trust is attached hereto, marked as 

Exhibit B-1, and expressly made a part hereof. 

3. That on November 6, 2017, the United States Bankruptcy Court for the 

Eastern District of Virginia entered an Order for Relief under 11 U.S.C. Chapter 7 upon a 

petition filed by David Paul Buck, a/k/a David P. Buck and Amy Denise Buck, a/k/a Amy 

D. Buck, dba Wags & Whiskers Pet Sitting Service, LLC, Case No. 17-51549-SCS. 

4. That the Debtors are in default in repayment of the note and are next due for 

March 1, 2017 payment with a reinstatement balance of $9,523.12. A copy of a 

reinstatement balance is attached hereto as Exhibit C.

5. That by reason of the foregoing, the Movant lacks adequate protection for its 

security interest and is, and continues to be, irreparably harmed by the continuation of stay 

of 11 U.S.C. Section 362(a) and that therefore cause exists for the termination thereof. 

6. That upon entry of an Order terminating the stay of 11 U.S.C. Section 362(a), 

the Movant should be free to take such actions with respect to the subject property as are set 

forth under applicable non-bankruptcy law (i.e. modification, short sale and other loss 

mitigation options). 

 New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing reserved the right to 

foreclose. Shellpoint Mortgage Servicing services the underlying mortgage loan and note for 

the property referenced in this Motion for Movant. In the event the automatic stay in this 

case is modified, this case dismisses, and/or the Debtors obtain a discharge and a foreclosure 

action is commenced on the mortgaged property, the foreclosure will be conducted in the 

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name of Movant. Movant, directly or through an agent, has possession of the Note. The 

Note is either made payable to Movant or has been duly endorsed. 

WHEREFORE, the Movant respectfully moves this Honorable United States 

Bankruptcy Court for entry of an Order (i) granting it, its successors and/or assigns relief 

from the stay of 11 U.S.C. Sections 362(a) so that the undersigned may proceed to enforce 

its security interest in the subject property by instituting or continuing foreclosure 

proceedings against the subject property in state court, (ii) allowing it to take such other 

actions with respect to the subject property as are set forth under applicable non-bankruptcy 

law, (iii) allowing the successful purchaser at the foreclosure sale to obtain possession of the 

subject property, and (iv) that the Order be binding and effective despite any conversion of 

this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. 

NOTICE OF INTENT TO SUBMIT BUSINESS RECORDS 

 The Movant will submit business records as evidence at any scheduled hearing, as 

allowed under Fed. R. Bankr. P. 9017 and FRE 902(11). These business records and the 

declaration of their maintenance as business records are available for inspection by the 

adverse party upon demand. 

NOTICE 

Your rights may be affected. You should read these papers carefully and 

discuss them with your attorney, if you have one in this bankruptcy case. (If you do 

not have an attorney, you may wish to consult one.) 

If you do not wish the Court to grant the relief sought in the motion, or if you 

want the court to consider your views on the motion, then within 14 days from the date 

of service of this motion, you must file a written response explaining your position with 

the Court and serve a copy on the movant. Unless a written response is filed and 

served within this 14-day period, the Court may deem opposition waived, treat the 

motion as conceded, and issue an order granting the requested relief without further 

notice or hearing. 

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If you mail your response to the Court for filing, you must mail it early enough 

so the Court will receive it on or before the expiration of the 14-day period. 

 You will be notified separately of the hearing date on the motion. 

NEW PENN FINANCIAL, LLC D/B/A 

SHELLPOINT MORTGAGE SERVICING 

By: /s/David A. Rosen 

David A. Rosen 

Virginia Bar No. 44494 

BUONASSISSI, HENNING & LASH 

A Professional Corporation 

1861 Wiehle Avenue, Suite 300 

Reston, Virginia 20190 

Phone (703) 796-1341, ext. 110 

Fax (703) 796-9383 

E-mail: drosen@bhlpc.com 

Counsel for New Penn Financial, LLC d/b/a 

Shellpoint Mortgage Servicing 

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CERTIFICATE OF SERVICE 

I hereby certify that on the 21st day of December, 2017, a true copy of the foregoing 

Motion Seeking Relief from Stay was mailed first-class, postage prepaid, to: 

David Paul Buck 

a/k/a David P. Buck 

103 Kelsey Road 

Williamsburg, VA 23185 

Amy Denise Buck 

a/k/a Amy D. Buck 

dba Wags & Whiskers Pet Sitting Service, LLC 

103 Kelsey Road 

Williamsburg, VA 23185 

- 

- 

Debtor 

 

Joint Debtor 

 

And electronically transmitted to: 

Marc P. Messier 

Dunnigan & Messier, PC 

Barrister Place 

11101 Warwick Boulevard 

Newport News, VA 23601 

Clara P. Swanson 

708 Thimble Shoals Boulevard, Suite 1 

Newport News, VA 23606 

Judy A. Robbins 

Office of the U.S. Trustee, Region 4-NN 

200 Granby Street, Room 625 

Norfolk, VA 23510 

- 

- 

- 

Counsel for Debtors 

Trustee 

U.S. Trustee 

 /s/David A. Rosen 

 David A. Rosen 

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