wyatt matthews files for quiet title to berks house - police report

7/21/2019 Wyatt Matthews Files for Quiet Title to Berks House - Police Report

1/12

Case ID: 14080

12 SEP 2014 11:27 am

A. WARREN

Control No.: 1409


2/12

Wyatt C. Matthews/PRO SE4818 Griscom StreetPhiladelphia, PA 19124

Tel. 215.888.1034_______________________________________Wyatt C. Matthews :

: PHILADELPHIA COUNTY: COURT OF COMMON PLEAS

Plaintiff, : CIVIL TRIAL DIVISION:

v. :: AUGUST TERM 2014

Casimer R. Luczycki, Nancy A. Luczycki :

H/W :

Defendant. : NO. 140800045

_______________________________________:

MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION FOR ENTR! #$

%&$'()* +(,-('.* *# +'/ ,/ 012/ +/ 3455

Plaintiff, Wyatt C. Matthews, submits this Memorandum of Law in support of his Motion for

Entry of Default pursuant to Pennsylvania Rule of Civil Procedure 1066, and in support thereof avers

the following:

I. MATTER BEFORE THE COURT

Plaintiff filed an action to quiet title on August 1, 2014 and served it on Defendants Casimer

R. Luczycki and Nancy A. Luczycki by personal service, at Defendants residence on August 4, 2014.

A Notice of Intention to Take Default, was mailed to Defendants Casimer R. Luczycki and Nancy A.

Luczycki, by certified mail, return receipt requested, on August 21, 2014, which they received on

August 30, 2014. Defendants, Casimer R. Luczycki and Nancy A. Luczycki have failed to respond to

the Notice of Intention to Take Default within the ten (10) day period provided in PA. R. CIV. P.

237.1.

Defendants hasve failed to file Preliminary Objections or an Answer to Plaintiffs Complaint.

As a result, Plaintiff is respectfully requesting this Court to enter an order of default against

Defendant pursuant to Pa. R.C.P. 1066 (a).

Case ID: 14080

12 SEP 2014 11:27 am

A. WARREN

Control No.: 1409


3/12

II. STATEMENT OF THE ISSUES INVOLVED

Should the Court grant an Order of Default, pursuant to the Plaintiffs Motion for Entry of

Default Judgment Pursuant to Pa. R. Civ. P. 1066, due to the Defendants failure to respond to the

Complaint filed on August 1, 2014.

Suggested answer: YES

III. FACTS

On March 23, 2014, Plaintiff purchased the property on 1634 E. Hewson Street in

Philadelphia from Defendants Casimer R. Luczycki and Nancy A. Luczycki through a quit claim

deed. Plaintiff paid the Defendants $7,900.00 in consideration for the property. A deed to the property

was recorded on June 13, 2014, by the Commissioner of Records, City of Philadelphia. Soon after the

recording of the deed, Plaintiff received a notification from the Philadelphia Recorder of Deeds that

Defendants attempted to sell the property to different buyers by submitting a fraudulent deed in

Plaintiffs name and falsifying Plaintiffs signature on such deed. Plaintiff notified Police and a Police

report was prepared describing the incident. Attached as Exhibit 1. is a copy of the Police incident

report.

As a result, on August 1, 2014, Plaintiff filed this action to quiet title seeking to permanently

enjoin and restrain Defendants, and any persons claiming under them, from asserting any claim or

interest to the Property. On August 4, 2014, the Complaint with a proper notice to plead, was served

on Defendants. On August 21, 2014, a Notice of Intention to Take Default was served on

Defendants, because they had failed to respond to the Complaint.

Defendants have failed to respond to the Notice of Intention to Take Default within the ten

(10) day period provided by Pa. R. Civ. P. 237.1. Accordingly, Plaintiff requests the Court to enter

an order of default against Defendants pursuant to Pa. R.C.P. 1066 (a).

Case ID: 14080

Control No.: 1409


4/12

IV. ARGUMENT

It is well established under Rule 1066 (a) of the Pennsylvania Rules of Civil Procedure that a

Court may grant an order of default for failure to respond to a complaint which contains a proper

notice to defend. Rule 1066 (a) states:

(a) The court shall grant appropriate relief upon affidavit that a complaint containing a notice

to defend has been served and that the defendant has not filed an answer.

In the present case, Defendants were served with a complaint that contained a notice to

defend. Defendants have failed to respond to the complaint despite the fact that they were also served

with a Notice of Intention to Take Default. Accordingly, Plaintiff respectfully requests that his

motion for entry of a default judgment be granted.

V. RELIEF REQUESTED

For the foregoing reasons, Plaintiff requests that this Court grant Plaintiffs Motion for Entry

of Default and quiet title to the Property at 1634 E. Hewson Street in Philadelphia, in the name of

Wyatt C. Matthews.

Respectfully submitted,

___________________________________

Wyatt C. Matthews/PRO SE4818 Griscom StreetPhiladelphia, PA 19124

Dated: _______________________

Case ID: 14080

Control No.: 1409


5/12

Wyatt C. Matthews/PRO SE4818 Griscom Street

Philadelphia, PA 19124

Tel. 215.888.1034

____________________________________Wyatt C. Matthews :

: PHILADELPHIA COUNTY: COURT OF COMMON PLEAS

Plaintiff, : CIVIL TRIAL DIVISION

:


Casimer R. Luczycki, Nancy A. Luczycki :

H/W :

Defendant. : NO. 140800045____________________________________:

AFFIDAVIT IN SUPPORT OF PLAINTIFFS MOTION FOR ENTRY OF DEFAULT

PURSUANT TO PA. R. CIV. P. 1066

COMMONWEALTH OF PENNSYLVANIA :: SS.

COUNTY OF PHILADELPHIA :

Wyatt C. Matthews, being duly sworn according to law, deposes and says:

1) THAT I am the Plaintiff in the above matter and I am authorized to take this

affidavit;

2) THAT the Complaint to Quiet Title, endorsed with a notice to plead within

twenty (20) days from service thereof, was served on Defendants, Casimer R.

Luczycki, Nancy A. Luczycki by personal service on August 4, 2014, as

evidenced by the attached Affidavit of Return of Service.

3) THAT Notice of Intention to Take Default was mailed to Defendants,

Casimer R. Luczycki, Nancy A. Luczycki by certified mail, return receiptrequested, on August 21, 2014, which they received on August 30, 2014, as

evidenced by the copy of the signed return receipt card. and

Case ID: 14080

12 SEP 2014 11:27 am

A. WARREN

Control No.: 1409


6/12

4) THAT Defendants, Casimer R. Luczycki, Nancy A. Luczycki have not filed

any response thereto, and the time in which to do so has expired.

____________________________________Wyatt C. Matthews/PRO SE

4818 Griscom Street

Philadelphia, PA 19124

Sworn to or affirmed and subscribed to before me this _______ day of ___________________,20___.

__________________________________Notary Public

My commission expires:

Case ID: 14080

Control No.: 1409


7/12

Wyatt C. Matthews

4818 Griscom Street

Philadelphia, PA 19124Tel. 215.888.1034

____________________________________

Wyatt C. Matthews :: PHILADELPHIA COUNTY: COURT OF COMMON PLEAS


:


Casimer R. Luczycki, Nancy A. Luczycki :H/W :


____________________________________:

ORDER

AND NOW, to wit, this _________ day of _______________________, 2014, upon

consideration of Plaintiff's Motion for Entry of Default Pursuant to Pa. R.C.P. 1066, it is herebyORDERED and DECREED that:

1. Judgment is hereby ENTERED in favor of Plaintiff, Wyatt C. Matthews, and against

Defendants, Casimer R. Luczycki, Nancy A. Luczycki on Plaintiffs Complaint to

Quiet Title;

2. The deed dated March 23, 2014, purporting to transfer title of the Property located at1634 E. Hewson Street, Philadelphia, Pennsylvania, 19125 described more fully on

the attached deed as Exhibit 1A (the Property), and recorded at Philadelphia,

Pennsylvania, as Document ID No.52792728, is declared valid and original.

3. Defendant, Casimer R. Luczycki, Nancy A. Luczycki and all persons claiming under

him or her, are forever barred from asserting any right, lien, title, or interest in the

premises identified as 1634 E. Hewson Street, Philadelphia, Pennsylvania, the

attached deed as Exhibit 1A (the Property), and title to the Property is hereby

QUIETED in favor of Plaintiff, Wyatt C. Matthews against all claims of Defendants,Casimer R. Luczycki, Nancy A. Luczycki and all persons claiming under him or her;

Case ID: 14080

12 SEP 2014 11:27 am

A. WARREN

Control No.: 1409


8/12

4. The Commissioner of the Department of Records of Philadelphia County is herebydirected to record a Deed of Confirmation, with a certified copy of this Order

attached, to properly acknowledge Plaintiff, Wyatt C. Matthews as owner of the

Property located at 1634 E. Hewson Street in Philadelphia, Pennsylvania, 19125.

5. Defendant, Casimer R. Luczycki, Nancy A. Luczycki are liable for the costs of this

action.

BY THE COURT:

______________________________

J.

Case ID: 14080

Control No.: 1409


9/12

Wyatt C. Matthews/PRO SE

4818 Griscom Street


____________________________________

Wyatt C. Matthews :: PHILADELPHIA COUNTY

: COURT OF COMMON PLEAS


:

v. :

: AUGUST TERM 2014



____________________________________:

PLAINTIFF'S MOTION FOR ENTRY OF

DEFAULT PURSUANT TO PA.R. CIV. P. 1066

1. This is an action to quiet title, in which Plaintiff, Wyatt C. Matthews, requests thatDefendants, Casimer R. Luczycki and Nancy A. Luczycki, and any persons claiming under them,

be permanently enjoined and restrained from asserting any claim or interest to the premises

identified as 1634 E. Hewson Street, Philadelphia, Pennsylvania. A copy of the deed describing

the premises is attached hereto as Exhibit A.

2. On August 4, 2014, a complaint in action to quiet title with proper notice to plead was

served on Defendants, Casimer R. Luczycki and Nancy A. Luczycki by personal service, atDefendantsresidence, as evidenced by the Affidavit of Return of Service attached hereto as

Exhibit B.

3. A Notice of Intention to Take Default, attached hereto as Exhibit C, was mailed toDefendants Casimer R. Luczycki and Nancy A. Luczycki, by certified mail, return receipt

requested, on August 21, 2014, which they received on August 30, 2014, as evidenced by the

copy of the signed return receipt card attached hereto as Exhibit D. Also attached hereto as

Exhibit E is an Affidavit in Support of Plaintiffs Motion for Entry of Default Pursuant to PA.

R. CIV. P. 1066, which states that said Notice of Intention to Take Default was so mailed and thatDefendants, Casimer R. Luczycki and Nancy A. Luczycki have failed to respond to the Notice of

Intention to Take Default within the ten (10) day period provided in PA. R. CIV. P. 237.1.

Case ID: 14080

12 SEP 2014 11:27 am

A. WARREN

Control No.: 1409


10/12

WHEREFORE, Plaintiff, Wyatt C. Matthews, requests this Court to enter an order of

default against Defendants, Casimer R. Luczycki and Nancy A. Luczycki pursuant to Pa.R.C.P.1066(a).

__________________________________________


4818 Griscom StreetPhiladelphia, PA 19124

Dated: _______________________

Case ID: 14080

Control No.: 1409


11/12

Wyatt C. Matthews

4818 Griscom Street


____________________________________

Wyatt C. Matthews :: PHILADELPHIA COUNTY: COURT OF COMMON PLEAS


:




____________________________________:

NOTICE OF INTENTION TO TAKE DEFAULT

TO/PARA: Casimer R. Luczycki, Nancy A. Luczycki H/W

1860 Wakeling Street, Philadelphia, PA 19124

DATE OF NOTICE/

FECHA DEL AVISO:________________

IMPORTANT NOTICE

You are in default because you have failed to take action required of you in this case.

Unless you act within ten (10) days from the date of this notice as set forth above, a judgmentmay be entered against you without a hearing and you may lose your property or other important

rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot

afford one, go to or telephone the following office to find out where you can get legal help:

LAWYER REFERRAL SERVICE

Philadelphia Bar AssociationLawyer Referral and Information Service

1101 Market Street, 11th FloorPhiladelphia, Pennsylvania 19107-2911

Telephone: (215) 238-6333

Case ID: 14080

12 SEP 2014 11:27 am

A. WARREN

Control No.: 1409


12/12

AVISO IMPORTANTE

Usted esta en rebeldia porque ha fallado en tomar la accion exigida de su parte en este

caso. A menos de que usted actue dentro de diez dias de la fecha de este aviso, se puede registrar

una sentencia contra usted, sin el beneficio de una audiencia y puede perder su propiedad o

derechos importantes. Usted debe llevar este aviso a un abogado enseguida. Si usted no tiene unabogado y no puede pagar por los servicios de un abogado, debe comunicarse con la siguiente

oficina para averiguar donde puede obtener ayuda legal:

SERVICIO DE REFERENCIA LEGAL

Asociacin de Licenciados de Filadelfia

Servicio de Referencia E Informacin Legal

1101 Market Street, 11th Floor

Philadelphia, Pennsylvania 19107-2911Telfono: (215) 238-6333

__________________________________________


4818 Griscom Street, Philadelphia, PA 19124

Dated:

Case ID: 14080

wyatt matthews files for quiet title to berks house - police report

Documents