COURT FILINGS
[LAW FIRM’S NAME]
BY: [ATTORNEY’S NAME], Esquire
Attorney for Plaintiff
Attorney I.D. No. [NUMBER]
[STREET ADDRESS]
[CITY, STATE ZIP]
[PHONE NUMBER]
____________________________________
[PLAINTIFF’S NAME]
Plaintiff,
v.
[DEFENDANT’S NAME]
Defendant.
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PHILADELPHIA COUNTY
COURT OF COMMON PLEAS
CIVIL TRIAL DIVISION
[MONTH] TERM, [YEAR]
NO. [NUMBER]
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF’S MOTION FOR ENTRY OF
DEFAULT PURSUANT TO PA. R. Civ. P. 1066
Plaintiff, [PLAINTIFF’S NAME], by and through her undersigned counsel, submits this
Memorandum of Law in support of its 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 and Defendant acquired title to the property located at 123 Main Street, Philadelphia,
Pennsylvania, 19155 (the “Property”) as husband and wife in 1994. When Plaintiff and Defendant
divorced in 2002, they executed an agreement granting sole title and possession of the Property to
Plaintiff, and Defendant agreed to execute a deed conveying title of the Property to Plaintiff.
However, Defendant has failed to so execute said deed.
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Defendant has failed to file Preliminary Objections or an Answer to Plaintiff’s 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).
II.
STATEMENT OF THE ISSUES INVOLVED
Should the Court grant an Order of Default, pursuant to the Plaintiff’s Motion for Entry of
Default Judgment Pursuant to Pa. R. Civ. P. 1066, due to the Defendant’s failure to respond to the
Complaint filed on June 2, 2008?
Suggested answer: YES
III.
FACTS
On June 26, 1994, Plaintiff and Defendant, who were then husband and wife, acquired the
Property as tenants by the entirety. On March 5, 2002, the Family Court of the Ninth Judicial Circuit,
County of Charleston, State of South Carolina, entered a Final Order-Decree of Divorce, granting a
divorce to Plaintiff from Defendant. As part of the divorce decree, the Court adopted an agreement
between Plaintiff and Defendant regarding the disposition of certain marital property. Pursuant to the
agreement, Defendant agreed to grant use, title, and possession of the Property to Plaintiff and to
execute a deed conveying title to the property from Plaintiff and Defendant, as tenants by the entirety,
to Plaintiff. Defendant failed to abide by the terms of the agreement and execute the deed.
As a result, on June 2, 2008, Plaintiff filed this action to quiet title seeking to permanently
enjoin and restrain Defendant, and any persons claiming under him, from asserting any claim or
interest to the Property. On June 17, 2008, the Complaint with a proper notice to plead, was served
on Defendant. On July 14, 2008, a “Notice of Intention to Take Default” was served on Defendant,
because he had failed to respond to the Complaint.
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Defendant has 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 Defendant pursuant to Pa. R.C.P. 1066 (a).
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 compliant which contains a proper
notice of 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, Defendant was served with a complaint that contained a notice to defend.
Defendant has failed to respond to the complaint despite the fact that he was also served with a Notice
of Intention to Take Default. Accordingly, Plaintiff respectfully requests that her motion for entry of
a default judgment be granted.
V.
RELIEF REQUESTED
For the foregoing reasons, Plaintiff requests that this Court grant Plaintiff’s Motion for Entry
of Default and quiet title to the Property at 123 Main Street, Philadelphia, Pennsylvania, 19155, in the
name of [PLAINTIFF’S NAME].
Respectfully submitted,
_________________________________
[LAW FIRM’S NAME]
BY: [ATTORNEY’S NAME], Esquire
Attorney for Plaintiff
Attorney I.D. No. [NUMBER]
[STREET ADDRESS]
[CITY, STATE ZIP]
[PHONE NUMBER]
Dated: _______________________
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