Noble Colt, LLC v. Kearse et al

Filing 21

ORDER & DEFAULT JUDGMENT granting motion for default jdgmt 18 , DEFAULT JDGMT ENTERED inn favor of pltf Noble Colt, LLC, & defts Kearse, Feliciano, Wilmington Finance, Beneficial Mortgage, Metro Bank & Commonwealth of PA on Noble Colt's compla int to quiet title, w/ said defts permanently enjoined from asserting any claim or interest in real property @ 27 S. Pine St., York, PA, & directing cnsl for remaining parties to file joint status rpt w/in 14 days of date of this order apprising court of status of their negotiations & whether parties believe case mgmt conference necessary. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 4/13/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
NOBLE COLT, LLC,
Plaintiffs
v.
BILLIE J. KEARSE; J. MICHAEL
FELICIANO; WILMINGTON
FINANCE, INC. FOR MERS;
BENEFICIAL CONSUMER
DISCOUNT COMPANY DBA
BENEFICIAL MORTGAGE CO. OF
PA.; METRO BANK;
COMMONWEALTH OF
PENNSYLVANIA; and UNITED
STATES OF AMERICA,
Defendants

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CIVIL ACTION NO. 1:15-CV-1649
(Chief Judge Conner)

ORDER & DEFAULT JUDGMENT
AND NOW, this 13th day of April, 2016, upon consideration of the motion
(Doc. 18) by plaintiff Noble Colt, LLC (“Noble Colt”), requesting default judgment
against defendants Billie J. Kearse (“Kearse”), J. Michael Feliciano (“Feliciano”),
Wilmington Finance, Inc. for MERS (“Wilmington Finance”), Beneficial Mortgage
Co. of PA (“Beneficial Mortgage”), Metro Bank, and the Commonwealth of
Pennsylvania (“the Commonwealth”), in the above-captioned quiet title action
removed to this court on July 17, 2015, from the Court of Common Pleas of York
County, Pennsylvania, and it appearing that service was made upon defendants as
follows: Wilmington Finance on July 23, 2015 (Doc. 18, Ex. B); Beneficial Mortgage
on July 27, 2015 (id. Ex. A at 3); the Commonwealth’s Department of Revenue and
Attorney General on July 28, 2015, and Department of Labor and Industry on July
29, 2015, (id. at 2, 5); Metro Bank on July 30, 2015, (id. at 4); and Kearse and

Feliciano, by service upon their counsel, on September 14, 2015, (id. Ex. C), but
that no defendant identified herein has pled or otherwise defended itself in this
litigation, see FED. R. CIV. P. 12, nor has counsel entered an appearance on behalf
of Wilmington Finance, Beneficial Mortgage, Metro Bank, or the Commonwealth,
none of which may proceed pro se before a federal court, see Lawson v. Nat’l Cont.Progressive Ins. Co., 347 F. App’x 741, 742 (3d Cir. 2009) (nonprecedential) (citing
Rowland v. Cali. Men’s Colony, 506 U.S. 194, 201-02 (1993)), and that, upon request
(Doc. 19) of Noble Colt, the Clerk of Court entered default (Doc. 20) against Kearse,
Feliciano, Wilmington Finance, Beneficial Mortgage, Metro Bank, and the
Commonwealth on February 12, 2016, see FED. R. CIV. P. 55(a), and the court
concluding that, taking the facts in the complaint as true, see Comdyne I, Inc. v.
Corbin, 908 F.2d 1142, 1149 (3d Cir. 1990), Noble Colt’s allegata are sufficient to
prove that Noble Colt holds superior and clear title as against defendants identified
hereinabove, and further that said defendants have no estate or interest in the real
property subject to Noble Colt’s complaint (Doc. 1-2), and the court thus concluding
that Noble Colt is entitled to declaratory judgment, see FED. R. CIV. P. 55(b)(2), it is
hereby ORDERED that:
1.

The motion (Doc. 18) for default judgment is GRANTED.

2.

Default judgment is ENTERED in favor of plaintiff Noble Colt, LLC
(“Noble Colt”), and against defendants Billie J. Kearse (“Kearse”), J.
Michael Feliciano (“Feliciano”), Wilmington Finance, Inc. for MERS
(“Wilmington Finance”), Beneficial Mortgage Co. of PA (“Beneficial
Mortgage”), Metro Bank, and the Commonwealth of Pennsylvania
(“the Commonwealth”) on Noble Colt’s complaint (Doc. 1-2) to quiet
title.

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3.

Kearse, Feliciano, Wilmington Finance, Beneficial Mortgage, Metro
Bank, and the Commonwealth are permanently enjoined from
asserting any claim to or interest in the following real property,
or any part thereof: 27 S. Pine Street, York, Pennsylvania.

4.

Counsel for the remaining parties shall file a joint status report within
fourteen (14) days of the date of this order, apprising the court of the
status of their negotiations and specifically advising whether the
parties believe a case management conference is necessary.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania