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James Coppedge v. Deutsche Bank National Trust Company

May 1, 2013

JAMES COPPEDGE
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY,ET AL.



The opinion of the court was delivered by: O'neill, J.

MEMORANDUM

Now before me is defendant Martha E. Von Rosenstiel's motion to dismiss the claims of plaintiff James Coppedge, who is proceeding pro se. In her motion, Von Rosenstiel seeks to dismiss plaintiff's claims for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, for insufficient service of process on McNally and Deutsche Bank pursuant to Rule 12(b)(5) and for lack of subject matter jurisdiction pursuant to Rule 12(b)(1). On March 14, 2013, the Court ordered plaintiff to file a response to Von Rosenstiel's motion. Thereafter, Coppedge filed a document titled "Defendant's Notice of Default and Dishonor: Appellant's Motion to Affirm Discharge of Debt and Property Restoration Due to Full Settlement." (Dkt. No. 17). I will construe this filing as plaintiff's response to Von Rosenstiel's motion to dismiss. After considering the motion to dismiss and Coppedge's response and for the reasons that follow, I will grant Von Rosenstiel's motion.

BACKGROUND

Coppedge's claims arise out of an ejectment action filed by defendant Deutsche Bank National Trust Company in the Court of Common Pleas for Philadelphia County on May 7, 2010 in which Deutsche Bank sought to divest Coppedge of title to a property at 3738 North Bouvier Street, Philadelphia, Pennsylvania. See Deutsche Bank Nat'l Trust Co. v. Coppedge, No. 00951 (Ct. Comm. Pl. Phila. Cty., May Term 2010). On May 8, 2012, a default judgment was entered in the state court action in favor of Deutsche Bank and against Renee Epps, who Coppedge identifies as his tenant.

Coppedge filed this action on June 7, 2012, complaining that "[o]n May 17, 2012, [Court of Common Pleas] Judge [Leon] Tucker denied Plaintiff's Summary Judgment . . . without opinion. As a result, the Philadelphia Sheriff's Department intends to evict my tenant(s) on or about June 12, 2012." Compl. at 3. In his complaint, Coppedge further alleged that [s]ince the property is paid for by private Negotiable Debt Instruments why did Judge Tucker permit [the attorneys for Deutsche Bank] to proceed with filing for an illegal eviction under Color of Law and Color of Office? The Judge cannot demand FRDN's for payment of debt since there is no lawful money, neither is there silver or gold authorized for payment by law.

Id.

On July 18, 2012, this Court denied plaintiff's Motion for Injunction and Emergency Stay and his Motion to Dismiss Writ of Possession Due to Fraud Pursuant to FRCP 60(b) Emergency Stay and Injunction, finding that abstention was proper under the doctrine set forth in Younger v. Harris, 401 U.S. 37, 46-54 (1971), as there were "pending state court proceedings involving Coppedge and Deutsche Bank raising issues directly related to those raised by Coppedge in this matter." Dkt. No. 8 at 3. Also on July 18, 2012, plaintiff filed a notice of appeal from the Court's July 18, 2012 Order. Dkt. No. 9. The Court of Appeals subsequently affirmed this Court's July 18, 2012 Order. Dkt. No. 15; see also Coppedge v. Deutsche Bank Nat. Trust, No. 12-3066, 2013 WL 221453, at *2 (3d Cir. Jan. 22, 2013). Meanwhile, Von Rosenstiel contends that Epps was evicted on July 19, 2012 and the Sheriff of Philadelphia County granted possession of the property to Deutsche Bank. Dkt. No. 11 at ¶ 20.

In his response to Von Rosenstiel's motion, Coppedge argues that he does not give [his] consent to seize the property due to the Defendants notices of Default and Dishonor. . . . I have seen no evidence that Writ of Possession was ever signed by Judge or notarized as truth in commerce. Is this not a lawful requirement? I have seen no evidence of rebuttal that the DEBT has not been settled. I was not sent a BILL to cure any existing debt of which I have not been made aware. I have issued BONDS to satisfy any existing accounting. Nothing has been returned for errors or correction, pursuant to Article 9 Section 3-604(1) . . . ."

Dkt. No. 17 at ECF p. 2 (emphasis in original). He asserts that his "4th Amendment secured right of the U.S. Constitution has been clearly violated." Id. Coppedge also states that:

This is my Notice that a Chapter 13 Bankruptcy shall be filed. So please ORDER Defendants to issue a payoff bill/statement for recovery, and for my filing a UCC 3 with U.S. TREASURY FOR SETTLEMENT OF THE ACCOUNTING and return of the property, which was accepted and returned for value settlement and closure of the assessed value. In and for the record and let the record show that I stand [on] my un-rebutted affidavits and paperwork.

Id. (emphasis in original). Finally, he asks the Court to "[P]lease accept the discharging of the DEBT and ORDER the return of the property without controversy. Thank you!" Id.

STANDARD OF REVIEW

Federal Rule of Civil Procedure 12(b)(1) authorizes dismissal of a complaint for lack of subject matter jurisdiction. "A motion under Rule 12(b)(1) may be treated as either a facial attack on the complaint or a factual challenge to the court's subject matter jurisdiction." Gould Elecs., Inc. v. United States, 220 F.3d 169, 176 (3d Cir. 2000). Because Von Rosenstiel's motion presents a facial attack on Coppedge's claims, I assume that his allegations are true and consider whether "the pleadings fail to present an action or claim within the court's jurisdiction." Hall v. Easton Area Sch. Dist., No. 10--7603, 2012 WL 526287, at *2 (E.D. Pa. Feb. 17, 2012), citing Mortenson v. First Fed. Sav. & Loan Ass'n, 549 F.2d ...


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