1 DISTRICT COURT OF MARYLAND COUNTY OF BALTIMORE
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) Todd Wetzelberger Counter-plaintiff
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VICTORY VILLA LLC
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)
VICTORY VILLA LLLP VICTORY VILLA LLP
CASE NO. 0804-41155-2008
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v.
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10
)
) MOTION FOR DEFAULT JUDGMENT ) )
BRUCE I. LEVINE
)
MARC R. DONATY, ESQ
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Counter-Defendant(s)
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MOTION FOR DEFAULT JUDGMENT
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COMES NOW, Todd Wetzelberger, counter-plaintiff, and moves the court to enter an Order for default judgment against counter- defendants and states: 1. A countercl counterclaim aim was filed filed in this this court court on November November 1, 2010. 2010. 2. Counter-defendants were properly served with said counterclaim via Certified Mail (enclosed Exhibit 10- proofs of service) between the dates of 3 November 2010 and 5 November 2010. p er MD Rule 3. All counter-defendants have failed to enter a Notice of Intention to Defend per 3-307. co unterclaim and are estopped from doing 4. All counter-defendants have failed to answer counterclaim so. 5. There are no material facts in dispute. 6. Over 30 days have passed since counter-defendants were served with said counterclaim (Exhibit 10). WHEREFORE, counter-plaintiff is entitled to judgment by default in the a mount of $30,000 and
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moves the court to enter an Order of Judgment in favor of counter-plaintiff, coun ter-plaintiff, for which let
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execution issue.
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______________________________ Todd Wetzelberger
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VERIFICATION OF MOTION STATE OF __________________ COUNTY OF ____________________ BEFORE ME personally appeared Todd Wetzelberger who, being by me first duly sworn and identified in accordance with Maryland law, deposes and says: 1. My name name is is Todd Todd Wetzel Wetzelber berger ger.. 2. I have read and understood the attached foregoing motion filed herein, and each fact alleged therein is true and correct co rrect of my own personal knowledge. FURTHER THE AFFIANT SAYETH NAUGHT. ________________________ Todd Wetzelberger, Affiant
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SWORN TO and subscribed before me____________________________, Notary Public, this ___ day of _______________ 2010.
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___________________________ 15 Notary Public My commission expires:
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DISTRICT COURT OF MARYLAND COUNTY OF BALTIMORE
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)
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Todd Wetzelberger Counter-plaintiff
)
CASE NO. 0804-41155-2008
)
v.
)
VICTORY VILLA LLLP
) ORDER FOR DEFAULT JUDGMENT )
VICTORY VILLA LLP VICTORY VILLA LLC
)
BRUCE I. LEVINE
)
MARC R. DONATY, ESQ
)
Counter-Defendant(s) ORDER FOR DEFAULT JUDGMENT UPON CONSIDERATION of the foregoing counter-plaintiff’s Motion For Default Judgment and the court having considered c onsidered the facts and law in this matter, now therefore it is ordered and adjudged this ____day of ______________, 2010 that:
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Default judgment be entered for counter-plaintiff Todd Wetzelberger against all counterdefendants, names and addresses stated in Exhibit 10- proof of service, in the amount of $30,000, for which let execution issue.
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by _____________________________ ________
Judge
Judge ID
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1 CERTIFICATE OF SERVICE
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UNDER PENALTY OF PERJURY, I, Todd Wetzelberger hereby certify that a copy of the foregoing documents listed below have been filed in the District Court for Baltimore County Maryland, and mailed via USPS First F irst Class Mail in a sealed envelope on or about this ____ day of __________________, 2010 to the following recipients:
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1.
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2. Orde Orderr for for Defa Defaul ultt Judgm Judgmen entt
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Motion for Default Judgment with Affidavit Affidavit
Marc R. Donaty, Esq 6401 Edenvale Road Baltimore MD 21209 Bruce I Levine 6611 Deancroft Rd Baltimore, MD 21209-2712 Victory Villa LLLP Bruce I. Levine, Agent Leo M. Storch Management 25 Hooks Ln # 312 Pikesville, MD 21208-1620 Victory Villa LLP Bruce I. Levine, Agent Leo M. Storch Management 25 Hooks Ln # 312 Pikesville, MD 21208-1620 Victory Villa LLC Registered Agent-Abramoff, Neuberger and Linder, LLP Richard S. Lehmann Suite 800 250 W. Pratt Street Baltimore, MD 21201
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_______________________________
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Todd Wetzelberger State of Maryland County of Baltimore
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JURAT
On this ___ day of _____, 2010, before me, _________________________, _________________________, a Notary Public in and for the above state and county, personally appeared __________________________, who proved to me on the basis of satisfactory evidence to be the person(s) who attested and subscribed to the within document, as true, correct, complete and not misleading. Witness my hand and seal this ____ day of _____________, 2010.
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My commission expires:_________________
Notary Public
Seal
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