Daniel K. Eisenhauer, Esq., Bar # 85242

PO Box 2548

Leesburg, VA 20177

(703) 777-7101

UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

IN RE:

DAWN ALISA DODGE

Debtor

Chapter 13

Case No. 20-34797-KRH

PNC BANK, NATIONAL ASSOCIATION

Movant

v.

DAWN ALISA DODGE

2323 SHEPPARD TOWN ROAD

MAIDENS, VA 23102

(Debtor)

BRANDEN JOSEPH DODGE

2323 SHEPPARD TOWN ROAD

MAIDENS, VA 23102

(Co-Debtor)

SUZANNE E. WADE

341 DIAL 877-996-8484 CODE 2385911

7202 GLEN FOREST DRIVE, STE. 202

RICHMOND, VA 23226

(Trustee)

Respondents

MOTION FOR RELIEF FROM AUTOMATIC STAY AND FOR IN REM RELIEF 

FROM THE AUTOMATIC STAY AND THE CO-DEBTOR AUTOMATIC STAY 

PURSANT TO 11 U.S.C. § 1301(c)(3)

PNC Bank, National Association (“Movant”) by undersigned counsel, respectfully moves 

this Honorable Court to terminate the Automatic Stay and Co-Debtor Automatic Stay as to the 

real property located at 2323 Sheppard Town Road, Maidens, VA 23102 (“Property”), and, as 

grounds therefore, states as follows:

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1. This proceeding seeking relief under 11 U.S.C. § 362(d) and 11 U.S.C. § 

1301(c)(3) is a contested matter within the meaning of Fed. R. Bankr. P. 4001 and 9014, and this 

court has jurisdiction over this matter pursuant to 28 U.S.C. § 157. This is a core proceeding 

pursuant to 28 U.S.C. § 157(b)(2)(G) and (b)(2)(O). Venue is proper pursuant to 28 U.S.C. § 

1409(a).

2. On December 7, 2020, the above named Debtor, Dawn Alisa Dodge (“Debtor”), 

filed in this court a Petition under Chapter 13 of the United States Bankruptcy Code. Suzanne E. 

Wade was appointed Chapter 13 Trustee.

COUNT 1

RELIEF FROM AUTOMATIC STAY

3. On or about July 27, 2009, Dawn Alisa Dodge and Branden Joseph Dodge 

(collectively the “Obligors”) executed and delivered to Market Mortgage Services, LLC DBA 

First Market Mortgage, LLC a Note in the amount of TWO HUNDRED SEVENTY-THREE 

THOUSAND DOLLARS AND NO CENTS ($273,000.00), plus interest at the fixed rate of 

5.000% per annum to be paid over thirty (30) years. A copy of the Note is attached as Exhibit A

and incorporated herein.

4. To secure the repayment of the sums due under the Note, Dawn Alisa Dodge and 

Branden Joseph Dodge executed and delivered to Market Mortgage Services, LLC DBA First 

Market Mortgage, LLC a Deed of Trust dated July 27, 2009, encumbering the real property 

(“Property”) described as:

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which has the address of 2323 Sheppard Town Road, Maidens, Virginia 23102. The Deed of 

Trust was recorded in the Clerk’s Office of Goochland on July 27, 2009. A copy of the Deed of 

Trust is attached as Exhibit B and incorporated herein.

5. The Note and Deed of Trust were later transferred to Movant and Movant is the 

current holder of the Note and Deed of Trust. A copy of the Assignment is attached as Exhibit 

C and incorporated herein.

6. The Debtor agreed to a permanent modification of the loan described above. The 

loan modification is attached as Exhibit D and incorporated herein.

7. As of September 13, 2021, the Debtor owes an unpaid principal balance of 

$297,193.06 under the Note, plus additional accruing interest, late charges, attorneys’ fees and 

costs.

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8. As of September 13, 2021, the Debtor is due for July 1, 2021, which includes the 

following missed payments:

Number of 

Missed 

Payments

From To Payment Amount Total Due

3 July 1, 2021 September 1, 2021 $1,943.17 $5,829.51

Suspense: ($2.00)

Total Payments Past Due: $5,827.51

9. A Copy of the post-petition payment history is attached as Exhibit E and 

incorporated herein. 

10. The value of the property is $458,900.00, according to the Debtor's Schedule "A". 

11. The Debtor is in default under the Note.

12. The Debtor has not and cannot offer PNC Bank, National Association adequate 

protection of its interest in the Property, and PNC Bank, National Association avers it is not 

adequately protected. 

13. That the Debtor’s account delinquency constitute cause for relief from the 

automatic stay.

COUNT II

IN REM RELIEF FROM THE STAY 

14. That, under 11 U.S.C. § 362(d)(4), upon a finding of a scheme to delay, hinder, or 

defraud Movant, the Bankruptcy Court may enter an order that prevents any future bankruptcy 

case from affecting the property for a period of two years once that order is recorded with the 

appropriate Register of Deeds.

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15. That the Debtor, has filed a series of bankruptcy cases in a deliberate attempt to 

delay, hinder, and defraud the Movant in an attempt to avoid foreclosure action.

16. The first case was a Chapter 13 case filed by Dawn Alisa Dodge on September 

25, 2013 and assigned case number 13-35147 (“First Case”). The First Case was dismissed on 

November 5, 2014 for failure to make plan payments. A copy of the Docket Report for this case 

is attached as Exhibit F and incorporated herein.

17. The second case was a Chapter 13 case filed by Dawn Alisa Dodge on January 

10, 2015 and assigned case number 15-30130 (“Second Case”). The Second Case was dismissed 

on April 16, 2015 for other reason. A copy of the Docket Report for this case is attached as 

Exhibit G and incorporated herein.

18. The third case was a Chapter 13 case filed by Dawn Alisa Dodge on February 7, 

2017 and assigned case number 17-30595 (“Third Case”). The Third Case was dismissed on 

April 12, 2018 for other reason. A copy of the Docket Report for this case is attached as Exhibit 

H and incorporated herein.

19. The fourth case was a Chapter 13 case filed by Dawn Alisa Dodge on June 4, 

2018 and assigned case number 18-32919 (“Fourth Case”). The Fourth Case was dismissed on 

May 9, 2019 for failure to make plan payments. A copy of the Docket Report for this case is 

attached as Exhibit I and incorporated herein.

20. The fifth case was a Chapter 13 case filed by Dawn Alisa Dodge on July 19, 2019 

and assigned case number 19-33760 (“Fifth Case”). The Fifth Case was dismissed on December 

4, 2020 failure to make plan payments. A copy of the Docket Report for this case is attached as 

Exhibit J and incorporated herein.

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21. The Obligors are currently behind on their payments to PNC Bank, National 

Association and are due for the July 1, 2021, post petition payment.

22. The Debtor has filed this sixth case for the purpose of delaying PNC Bank, 

National Association from exercising its rights under the Deed of Trust.

23. To protect against a possible seventh filing, PNC Bank, National Association 

requests that this Court grant an Order providing prospective relief from the automatic stay as to

this Property from any future Bankruptcy filing for a period of two (2) years.

COUNT III 

RELIEF FROM CO-DEBTOR AUTOMATIC STAY UNDER 1301(C)(3)

24. The allegations of paragraphs 1 through 23 are incorporated by reference herein.

25. PNC Bank, National Association Movant will be irreparably harmed by the 

continuation of the Co-Debtor Automatic Stay.

26. Cause exists to terminate the Co-Debtor Automatic Stay.

WHEREFORE, PNC Bank, National Association prays that this Court issue an order 

terminating or modifying the Automatic Stay under 11 U.S.C. § 362 and Co-Debtor Automatic 

Stay under 11 U.S.C. § 1301, as to the property located at 2323 Sheppard Town Road, Maidens, 

VA 23102, and granting the following:

a. Relief from the Stay and Co-Debtor Stay allowing PNC Bank, National 

Association to exercise its legal rights under applicable law as to the Property, including but not 

limited to foreclosure against the Property under the Deed of Trust, and grant in rem relief from 

the automatic stay such that any future bankruptcy filings within two (2) years by either the 

Debtor or the Co-Debtor or any party to whom they may transfer the Property will not hinder 

PNC Bank, National Association's ability to exercise its rights under the Deed of Trust and will 

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not require relief from the automatic stay in that case, and for such other and further relief as this 

Court deems just and proper.

b. Relief from the Stay and Co-Debtor Stay allowing PNC Bank, National 

Association to proceed under applicable non-bankruptcy law to enforce its remedies to foreclose 

upon and obtain possession of the Property and/or allowing Movant, through its agents, servicers 

and representatives to contact Debtor and/or Debtor’s counsel for the purpose of engaging in 

discussions and consideration for possible loss mitigation options, solutions and/or resolutions 

with regard to the underlying mortgage and note, including, but not limited to loan modification, 

deed in lieu or other loss mitigation alternatives.

c. 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.

d. That the 14-day stay described by Bankruptcy Rule 4001(a)(3) be waived.

e. That it be exempted from further compliance with Fed. R. Bankr. P. 3002.1 in the 

instant bankruptcy case.

f. For such other relief as the Court deems proper.

Date: September 27, 2021

Respectfully submitted,

/s/Daniel K. Eisenhauer_________

Daniel K. Eisenhauer, Bar #85242

Orlans PC

PO Box 2548

Leesburg, VA 20177

(703) 777-7101

Attorneys for PNC Bank, National Association 

deisenhauer@orlans.com

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CERTIFICATE OF SERVICE

The undersigned states that on September 27, 2021, copies of the foregoing Motion for 

Relief from Automatic Stay and for In Rem Relief from the Automatic Stay and Co-Debtor 

Automatic Stay were filed with the Clerk of the Court using the ECF system, which will send 

notification of such filing to the following:

Suzanne E. Wade

341 Dial 877-996-8484 Code 2385911

7202 Glen Forest Drive, Ste. 202

Richmond, VA 23226

ecfsummary@ch13ricva.com

Bankruptcy Trustee

James E. Kane

Kane & Papa, PC

1313 East Cary Street

P.O. Box 508

Richmond, VA 23218-0508

jkane@kaneandpapa.com

Debtor’s Attorney 

and I hereby certify that I have caused to be mailed by first class mail, postage prepaid, copies of 

the foregoing Motion for Relief from Automatic Stay and for In Rem Relief from the Automatic 

Stay and Co-Debtor Automatic Stay to the following non-ECF participants:

Dawn Alisa Dodge

2323 Sheppard Town Road

Maidens, VA 23102

Debtor

Branden Joseph Dodge

2323 Sheppard Town Road

Maidens, VA 23102

Co-Debtor

/s/Daniel K. Eisenhauer

Daniel K. Eisenhauer, Esquire

Case 20-34797-KRH Doc 30 Filed 09/27/21 Entered 09/27/21 15:23:22 Desc Main

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