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Ray. I filed a Motion to Reconsider on a foreclosure case

Good afternoon Ray. I filed...
Good afternoon Ray. I filed a Motion to Reconsider on a foreclosure case which was originally heard on 9/19/17. I received a email from the opposing attorney, yesterday 10/12/17 informing me that the Motion to Reconsider hearing has been adorned from 10/13/2017 to 10/18/2017.
The problem is that I have received no communication from the court regarding either hearing. This has been a common occurrence. The only time I have ever received notification from this court is if I make a phone call requesting documentation for a scheduled hearing.
At this point, I need to ask for the hearing to be rescheduled to allow me time to prepare, as well as, being able to work the hearing into my and my wife's busy schedule. I can't imagine that would be a problem. How should I make this request? Should I word it as ai just explained it.I have informed the court previously about not receiving important notices and obviously this hasn't changed. I find this to be a major problem that needs to be addressed beyond this particular county. How would you suggest I take this to the next level? I am not looking to cause trouble nor am I concerned about "stirring the pot." I have financially been forced to represent myself in this case and I completely understand that the court has the obligation to treat me the same as the Plantiff's Attorney's, but this has swung so far the opposite way, meaning prejudice against me, not just by not receiving notifications from the court but by not being treated equally in the courtroom. This isn't just my opinion. I was so frustrated after the 9/19/17 proceedings, that I had the Attorney review the recording of the entire hearing and he was in disbelief of how the judge allowed the Plaintiff's attorney to control everything going on in the courtroom. He went as far as to say the Judge was coaching the Attorney as far as what he should present to prove his case. The Judge ruled against me without the Plaintiff presenting the required documents to proceed with the foreclosure. Which included original Note, mortgage documents, changes in mortgage servicing records, etc. All of which I requested in discovery. The Plaintiffs attorney told the Judge that he obtained the documents. They were in his office and I am welcome to view them at anytime. When I called to request a time to do so, the same Attorney stated that he did not have all of the documents, wasn't sure what documents he had, and would have his Paralegal contact the Mortgage servicer to request the original documents. I have confirmation, follow up, emails to document these facts.
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Answered in 50 minutes by:
10/13/2017
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,556
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Customer reply replied 1 month ago
Thank you

Motion for Continuance here, set out good cause, scheduling conflict, need to prepare, etc and how long you are asking for 14-30 days, etc.

Rule 216. Grounds for Continuance.

(A) The following are grounds for continuance:

(1) Agreement of all parties or their attorneys, if approved by the Court;

(2) Illness of counsel of record, a material witness, or a party. If requested a certificate of a physician shall be furnished, stating that such illness will probably be of sufficient duration to prevent the ill person from participating in the trial;

(3) Inability to subpoena or to take testimony by deposition, commission, or letters rogatory, of any material witness, shown by affidavit which shall state:

(a) The facts to which the witness would testify if present or if deposed;

(b) The grounds for believing that the absent witness would so testify;

(c) The efforts made to procure the attendance or deposition of such absent witness; and

(d) The reasons for believing that the witness will attend the trial at a subsequent date, or that the deposition of the witness can and will be obtained.

(4) Such special ground as may be allowed in the discretion of the court;

(5) The scheduling of counsel to appear at any proceeding under the Pennsylvania Rules of Disciplinary Enforcement, whether:

(a) as counsel for a respondent-attorney before a hearing committee, special master, the Disciplinary Board or the Supreme Court;

(b) as a special master or member of a hearing committee; or

(c) as a member of the Disciplinary Board;

(6) The scheduling of counsel to appear at any proceeding involving the discipline of a justice, judge or magisterial district judge under Section 18 of Article V of the Constitution of Pennsylvania, whether:

(a) as counsel for a justice, judge, or magisterial district judge before the special tribunal provided for in 42 Pa.C.S. § 727, the Court of Judicial Discipline, the Judicial Conduct Board or any hearing committee or other arm of the Judicial Conduct Board; or

(b) as a member of the Court of Judicial Discipline, the Judicial Conduct Board or any hearing committee or other arm of the Judicial Conduct Board.

(B) Except for cause shown in special cases, no reason above enumerated for the continuance of a case shall be of effect beyond one application made in behalf of one party or group of parties having similar interests.

(C) No application for a continuance shall be granted if based on a cause existing and known at the time of publication or prior call of the trial list unless the same is presented to the court at a time fixed by the court, which shall be at least one week before the first day of the trial period. Applications for continuances shall be made to the court, or filed in writing with the officer in charge of the trial list, after giving notice of such application by mail, or otherwise, to all parties or their attorneys. Each court may, by local rule, designate the time of publication of the trial list for the purposes of this rule.

(D) No continuance shall be granted due to the absence from court of a witness duly subpoenaed, unless:

(1) Such witness will be absent because of facts arising subsequent to the service of the subpoena and which would be a proper ground for continuance under the provisions of Rule 216(A); or

(2) On the day when the presence of such witness is required a prompt application is made for the attachment of such absent witness; or

(3) The witness, having attended at court has departed without leave, and an application for attachment is made promptly after the discovery of the absence of such witness; or the court is satisfied that the witness has left court for reasons which would be a proper ground for continuance under Rule 216(A).

(E) Each Court may adopt local rules providing for the temporary passing of cases or governing applications for continuance because of the absence of a witness, not a party, who has not been served with a subpoena.

(F) Rule 216(B)—(E) and Rule 217 shall not be applicable to a continuance granted for any of the reasons set forth in Rule 216(A)(5)

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Thanks for rating 5 stars.

Appreciate the chance to help.

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Customer reply replied 1 month ago
Ray, one more question.
If I decide to pursue the fact that I was denied the right to a fair trial, by the judge, where and who do I file this complaint?

You can file a judicial complaint here,thanks.

https://www.judiciary.state.nj.us/forms/11166_acjc_complaint_form.pdf

Judge can be sanctioned up to removal.

Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,556
Experience: Texas Attorney for 30 years dealing in real estate
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Ray and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 1 month ago
Ray, thank you, ***** ***** are always a big help!

My pleasure, have a great evening and talk to you again soon.

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Ray
Ray
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Category: Real Estate Law
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