IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA

Jazeil Vasquez, Terrance Rodriguez and PA Housing

& Credit Solutions
Plaintiff,
vs.
Wells Fargo Bank, Brenda Davilla and Zucker,
Goldberg & Ackerman
Defendants.

:
:
:
:
:
:
:
:

CIVIL DIVISION
Filed and
NO.:

Attested by
PROTHONOTARY
23 DEC 2014 10:00 am
14-08-01554
A. STAMATO

BRIEF IN SUPPORT OF DEFENDANTs PRELIMINARY OBJECTIONS

Defendants, Wells Fargo Bank, N.A and Zucker, Goldberg & Ackerman, LLC, files the following Brief
in Support of its Preliminary Objections.

FACTS
Plaintiff commenced the above-captioned action by filing an action in quiet title on August 12,
2014, regarding the property commonly known as 4818 Griscom Street, Philadelphia, PA (Real
Property). Wells Fargo Bank through its attorneys Zucker, Goldberg & Ackerman, filed a Complaint in
Mortgage Foreclosure (Foreclosure Action) on or about November 14, 2011 at Docket Number 11-110966. The Real Property was sold at Sheriffs Sale under the Foreclosure Action on July 1, 2014, with
Wells Fargo Bank NA being the successful purchaser at sale. A Sheriffs Deed is expected to be recorded
at any time. Plaintiffs in the above-captioned action are not record owners of the property.

ISSUE
WHETHER DEFENDANTs PRELIMINARY OBJECTIONS SHOULD BE SUSTAINED AND PLAINTIFFS
COMPLAINT DISMISSED WITH PREJUDICE?
Suggested Answer: Yes

Page 1
Zucker, Goldberg & Ackerman, LLC
XFP-159062

Case ID: 140801554

Control No.: 14123361

ARGUMENT
Preliminary objections are only granted where the complaining party does not have any means
of recovery. To sustain preliminary objections a complaint must be clearly insufficient to establish any
right to relief, and preliminary objections will not be sustained if any theory of law will support a claim.
Koken v. Steinberg et al, 825 A.2d 723 (Pa. Cmwlth. 2003) quoting Foster v. Peat Marwick, Main & Co.,
138 Pa. Commw. 147, 587 A.2d 382 (1991) affd sub nom. Foster v. Mutual Fire, Marine and Inland Ins.
Co., 544 Pa. 387, 676 A.2d 652 (1996).

PA.R.C.P. 1024(a) states that every pleading should be verified.

Plaintiffs Complaint is not verified. Pa.R.C.P. 1028(a)(2) authorized the filing of a Preliminary Objection
if a pleading fails to conform to law or rule of court. It is believed and therefore averred that the
Complaint fails to conform to law or rule of Court as there is no verification. Defendant Zucker, Goldberg
& Ackerman and Wells Fargo Bank NA request that Plaintiffs Complaint against it be dismissed for
failure to conform to law or Rule of Court.
PA.R.C.P. 1028(a)(4) authorized the filing of a Preliminary objection if a pleading lacks legal
insufficiency. Plaintiffs Complaint is does not set forth a valid legal action against Wells Fargo Bank NA
or Zucker Goldberg & Ackerman LLC or a valid quiet title action against the Real Property as defined
below. Specifically, Plaintiffs Complaint alleges that the Plaintiff is entitled to a deed to the real
property because it purchased Defendant Brenda Davillas real property located at 4818 Griscom Street,
Philadelphia, PA 19124 (Real Property) on August 11, 2012. Wells Fargo Bank, NA, had a mortgage of
record on the Real Property and filed a foreclosure action on November 14, 2011 at docket number 1111-0096 (Foreclosure Action). A true and correct copy of the Complaint in Mortgage Foreclosure is
attached to Defendants Preliminary Objections as Exhibit A and incorporated herein by reference.

Page 2
Zucker, Goldberg & Ackerman, LLC
XFP-159062

Case ID: 140801554

Control No.: 14123361

Pursuant to a Writ of Execution filed on July 13, 2013 in the Foreclosure Action, a copy of which is
attached to Defendants Preliminary Objections as Exhibit B, the Real Property was sold at Sheriffs
Sale on July 1, 2014, with Wells Fargo Bank, NA being the successful bidder. There was no deed into
Plaintiffs on the Real Property as of the time the Writ of Execution was filed, as shown by the tax search
for the Real Property dated 12/23/2013, a copy of which is attached to Plaintiffs Preliminary Objections
as Exhibit C. Based on these irrefutable facts, Plaintiffs cannot show any right, title and interest to the
Real Property. Moreover, Zucker, Goldberg & Ackerman, LLC is only attorney of record in the
Foreclosure Action and has no legal title to the Real Property, thus Plaintiffs have no claim against
Zucker Goldberg & Ackerman, LLC. Plaintiffs Complaint fails to set forth a valid cause of action against
either Wells Fargo Bank NA or Zucker Goldberg & Ackerman LLC and Plaintiffs cannot show any right to
title to the Real Property in question, thus the Complaint should be dismissed in its entirety.

CONCLUSION
Based on the foregoing, Defendants request the Preliminary Objections be sustained and
Plaintiffs Complaint dismissed.
RESPECTFULLY SUBMITTED:
ZUCKER GOLDBERG & ACKERMAN, LLC
Dated: December 23, 2014
BY: ____s/ Kimberly A. Bonner_____________
Kimberly A. Bonner, Esquire; PA.I.D. #89705
Ralph M. Salvia, Esquire; PA I.D. #202946
Jaime R. Ackerman, Esquire; PA I.D. #311032
Jana Fridfinnsdottir, Esquire; PA I.D. #315944
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
ZGA File No.: XFP-159062
(908) 233-8500; (908) 233-1390 FAX

Page 3
Zucker, Goldberg & Ackerman, LLC
XFP-159062

Case ID: 140801554

Control No.: 14123361

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA

Jazeil Vasquez, Terrance Rodriguez and PA Housing
& Credit Solutions
Plaintiff,
vs.
Wells Fargo Bank, Brenda Davilla and Zucker,
Goldberg & Ackerman
Defendants.

:
:
:
:
:
:
:
:

CIVIL DIVISION
NO.: 14-08-01554

CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing Brief in Support
of Plaintiffs Motion for Summary Judgment was served on the following this 23rd of December, 2014,
via First Class U.S. Mail, Postage Pre-Paid:

Terrence Rodriguez
7311 Oxford Avenue, 2nd Floor
Philadelphia, PA 19111

Jaeziel Vasquez
3212 Holly Road
Philadelphia PA 19154

PA Housing & Credit

3212 Holly Road
Philadelphia, PA 19154

ZUCKER GOLDBERG & ACKERMAN, LLC

s/ Kimberly A. Bonner
By:
____
_____________________
Scott A. Dietterick, Esquire- Atty I.D.#55650
Kimberly A. Bonner, Esquire - Atty I.D.#89705
Ralph M. Salvia, Esquire; PA I.D. #202946
Jana Fridfinnsdottir, Esquire; PA I.D. #315944
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233-8500; (908) 233-1390 FAX

Zucker, Goldberg & Ackerman, LLC

XFP-159062

Case ID: 140801554

Control No.: 14123361

Title #: 3377345|260091FYMP
Order #: MT-354-4293316
PENNSYLVANIA TAX CERTIFICATION
Filed and Attested by
PROTHONOTARY
23 DEC 2014 10:00 am
A. STAMATO
BRENDA DAVILA AND ADRIAN DEJESUS

For: FORTUNE TITLE

PARCEL #: 23-2435410
ASSESSED OWNER:

4814 GRISCOM ST PHILADELPHIA PA 19124-2608

4814-18 GRISCOM ST

LEGAL ADDRESS:

Lot Size:
Property Code:

.1748 AC
Assessed Value
Millage Rates
H40 -- RESIDENTIAL - SEMI-DETACHED
Land:
$99,767.00 City/County:
2.5 STORIES MASONARY
Improvement:
$19,733.00
Total:
$119,500.00
School:

Municipal:

44.62
53.09

PHILADELPHIA CITY
County: PHILADELPHIA
State: PA
PO BOX 8409, PHILADELPHIA, PA 19101-8409
Phone #: (215) 686-6442
PHILADELPHIA REVENUE DEPARTMENT
Phone #: (215) 686-6442
PO BOX 8409, PHILADELPHIA, PA 19101-8409
Make check payable to:
PHILADELPHIA REVENUE
Duplicate Bill Fee:$0.00
DEPARTMENT

City/School:
Address:
Payment:
Utility:
Address:
Payment:

PHILADELPHIA WATER REVENUE DEPARMENT

PO BOX 41496, PHILADELPHIA, PA 19101-1496
Make check payable to:
WATER REVENUE BUREAU

Phone #: (215) 686-6995

Duplicate Bill Fee:

Prior Year Taxes

Year
2012

Amount

Status
Year
Amount
Status
Year
Amount
Status
Paid in full
2011
Paid in full
2010
Paid in full
Payment of Prior year taxes are made to the Philadelphia Revenue Department located at the county.

Current Year Taxes 2013

City/County 2014
School 2014
City/County 2013
School 2013
Total:

Discount
Ends: 02/28/14
$533.22 Open & Due 2/28
$654.08 Open & Due 2/28

$1,187.30

Face
From: 03/01/14 - 03/31/14
$538.61
$660.69
$583.99 Paid
$694.84 Paid
$2,478.13

Penalty
Begins: 04/01/14

$662.83
$788.64
$1,451.47

Signature Information Solutions LLC guarantees that the above information accurately reflects
the contents of the public record as of 12/23/13.
P.O. Box 8488, Trenton, NJ 08650-0488 Phone (866) 665-1660 Fax (866) 665-7075

Case ID: 140801554

Control No.: 14123361

Title #: 3377345|260091FYMP
Order #: MT-354-4293316
PENNSYLVANIA TAX CERTIFICATION

For: FORTUNE TITLE

PARCEL #: 23-2435410
ASSESSED OWNER:
LEGAL ADDRESS:
Water

BRENDA DAVILA AND ADRIAN DEJESUS

4814 GRISCOM ST PHILADELPHIA PA 19124-2608
4814-18 GRISCOM ST

UTILITIES

PHILADELPHIA WATER REVENUE DEPARMENT PO BOX 41496, PHILADELPHIA, PA 19101-1496

(215) 686-6995
ACCOUNT# 0373894004818001 $850.04 OPEN AND DUE FOR BILLING THROUGH 11/20/2013.
WATER SERVICE SHUT OFF ON 5/12/2013. RECONNECTION FEE $60.00 OPEN AND DUE.
Subject to final reading prior to settlement, contact the utility authority to arrange reading. Accrued charges
disclosed by a reading obtained following settlement are the sole responsibilities of the settlement parties.

Sewer

INCLUDED WITH WATER

Trash

INCLUDED IN CITY TAX

INTERIM
Notes:

NONE
Issuance of a building permit may result in an additional bill for the improvement. Bills reflect the taxable portion
of the improvement from the date of certificate of occupancy.

Comments:

2014 CITY, COUNTY AND SCHOOL TAXES ARE BASED ON ASSESSED VALUE OF $89,500.00 DUE TO
HOMESTEAD REBATE.
Municipal Info: CERTIFICATE OF OCCUPANCY REQUIRED, CONTACT CITY OFFICE AT (215) 686-1776 FOR
ADDITIONAL INFORMATION.

Signature Information Solutions LLC guarantees that the above information accurately reflects
the contents of the public record as of 12/23/13.
P.O. Box 8488, Trenton, NJ 08650-0488 Phone (866) 665-1660 Fax (866) 665-7075

Case ID: 140801554

Control No.: 14123361

Filed and Attested by

PROTHONOTARY
23 DEC 2014 10:00 am
A. STAMATO

Case ID: 140801554

Control No.: 14123361

Case ID: 140801554

Control No.: 14123361

Case ID: 140801554

Control No.: 14123361

Case ID: 140801554

Control No.: 14123361

Case ID: 140801554

Control No.: 14123361

Case ID: 140801554

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Filed and Attested by

PROTHONOTARY
23 DEC 2014 10:00 am
A. STAMATO

Case ID: 140801554

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Case ID: 140801554

Control No.: 14123361

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA

Jazeil Vasquez, Terrance Rodriguez and PA Housing
& Credit Solutions
Plaintiff,
vs.
Wells Fargo Bank, Brenda Davilla and Zucker,
Goldberg & Ackerman
Defendants.

:
:
:
:
:
:
:
:

CIVIL DIVISION
NO.: 14-08-01554

Filed and Attested by

PROTHONOTARY
23 DEC 2014 10:00 am
A. STAMATO

ORDER

AND NOW, based on Defendant Wells Fargo Bank NA & Zucker Goldberg
& Ackerman, LLCs Preliminary Objections, it is hereby ORDERED that
Plaintiffs Complaint is DISMISSED with prejudice.

_______________________________________
J.

Zucker, Goldberg & Ackerman, LLC

XCP-157424

Case ID: 140801554

Control No.: 14123361

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA

Jazeil Vasquez, Terrance Rodriguez and PA Housing
& Credit Solutions
Plaintiff,
vs.
Wells Fargo Bank, Brenda Davilla and Zucker,
Goldberg & Ackerman
Defendants.

:
:
:
:
:
:
:
:

CIVIL DIVISION
NO.: 14-08-01554

PRELIMINARY OBJECTIONS TO COMPLAINT BY DEFENDANTS WELLS FARGO BANK, NA and

ZUCKER GOLDBERG & ACKERMAN, LLC

AND NOW COME Defendants, Zucker, Goldberg & Ackerman, LLC & Wells Fargo Bank NA and
files this instant Preliminary Objections to Plaintiffs Complaint, and set forth as follows:
PRELIMINARY OBJECTION OF WELLS FARGO BANK, NA and ZUCKER GOLDBERG & ACKERMAN LLC
1.

PA.R.C.P. 1024(a) states that every pleading should be verified.

2.

Plaintiffs Complaint is not verified.

3.
Pa.R.C.P. 1028(a)(2) authorized the filing of a Preliminary Objection if a pleading fails to
conform to law or rule of court.
4.
It is believed and therefore averred that the Complaint fails to conform to law or rule of
Court as there is no verification.
WHEREFORE, Defendant Zucker, Goldberg & Ackerman and Wells Fargo Bank NA request that
Plaintiffs Complaint be dismissed for failure to conform to law or Rule of Court.
PRELIMINARY OBJECTION OF WELLS FARGO BANK, NA and ZUCKER GOLDBERG & ACKERMAN LLC
5.
PA.R.C.P. 1028(a)(4) authorized the filing of a Preliminary objection if a pleading lacks
legal insufficiency.
6.
Plaintiffs Complaint is does not set forth a valid legal action against Wells Fargo Bank
NA or Zucker Goldberg & Ackerman LLC or a valid quiet title action against the Real Property as defined
below.

Zucker, Goldberg & Ackerman, LLC

XCP-157424

Case ID: 140801554

Control No.: 14123361

7.
Specifically, Plaintiffs Complaint alleges that the Plaintiff is entitled to a deed to the real
property because it purchased Defendant Brenda Davillas real property located at 4818 Griscom Street,
Philadelphia, PA 19124 (Real Property) on August 11, 2012.
8.
Wells Fargo Bank, NA, had a mortgage of record on the Real Property and filed a
foreclosure action on November 14, 2011 at docket number 11-11-0096 (Foreclosure Action). A true
and correct copy of the Complaint in Mortgage Foreclosure is attached hereto as Exhibit A and
incorporated herein by reference.
9.
Pursuant to a Writ of Execution filed on July 13, 2013 in the Foreclosure Action, a copy
of which is attached hereto as Exhibit B, the Real Property was sold at Sheriffs Sale on July 1, 2014,
with Wells Fargo Bank, NA being the successful bidder.
10.
There was no deed into Plaintiffs on the Real Property as of the time the Writ of
Execution was filed, as shown by the tax search for the Real Property dated 12/23/2013, a copy of which
is attached hereto as Exhibit C.
11.

Plaintiffs cannot show any right, title and interest to the Real Property.

12.
Zucker, Goldberg & Ackerman, LLC is only attorney of record in the Foreclosure Action
and has no legal title to the Real Property, thus Plaintiffs have no claim against Zucker Goldberg &
Ackerman, LLC.
13.
It is believed and therefore averred that the Complaint fails to set forth a valid cause of
action against either Wells Fargo Bank NA or Zucker Goldberg & Ackerman LLC and that Plaintiffs cannot
show any right to the Real Property in question, thus the Complaint should be dismissed in its entirety.
WHEREFORE, Defendant Zucker, Goldberg & Ackerman and Wells Fargo Bank NA request that
Plaintiffs Complaint against it be dismissed for failure to set forth a claim.

ZUCKER, GOLDBERG & ACKERMAN, LLC

By:
Dated: 12/23/2014

s/Kimberly A. Bonner
Scott A. Dietterick, Esquire; PA I.D. #55650
Kimberly A. Bonner, Esquire; PA I.D. #89705
Ralph M. Salvia, Esquire; PA I.D. #202946
Attorneys for Plaintiff
XCP-157424
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233-8500; (908) 233-1390 FAX
Email: Office@zuckergoldberg.com

Zucker, Goldberg & Ackerman, LLC

XCP-157424

Case ID: 140801554

Control No.: 14123361

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA

Jazeil Vasquez, Terrance Rodriguez and PA Housing
& Credit Solutions
Plaintiff,
vs.
Wells Fargo Bank, Brenda Davilla and Zucker,
Goldberg & Ackerman
Defendants.

:
:
:
:
:
:
:
:

CIVIL DIVISION
NO.: 14-08-01554

CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the Preliminary Objections was
served on the following this 23rd day of December, 2014, via First Class U.S. Mail, Postage PrePaid:
Terrence Rodriguez
7311 Oxford Avenue, 2nd Floor
Philadelphia, PA 19111

Jaeziel Vasquez
3212 Holly Road
Philadelphia PA 19154

PA Housing & Credit

3212 Holly Road
Philadelphia, PA 19154

ZUCKER GOLDBERG & ACKERMAN, LLC

By:

___s/Kimberly A. Bonner_________________
Scott A. Dietterick, Esquire- Atty I.D.#55650
Kimberly A. Bonner, Esquire - Atty I.D.#89705
Joel A. Ackerman, Esquire- Atty I.D. #202729
Ashleigh Levy Marin, Esquire- Atty I.D. #306799
Ralph M. Salvia, Esquire; PA I.D. #202946
Jaime R. Ackerman, Esquire; PA I.D. #311032
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233-8500; (908) 233-1390 FAX

Zucker, Goldberg & Ackerman, LLC

XCP-157424

Case ID: 140801554

Control No.: 14123361