Sei sulla pagina 1di 4

1

DISTRICT COURT OF MARYLAND


2 COUNTY OF BALTIMORE
3
4 )
Todd Wetzelberger CASE NO. 0804-41155-2008
5 )
Counter-plaintiff
6 )
v.
)
7 VICTORY VILLA LLLP
) MOTION FOR DEFAULT
8 VICTORY VILLA LLP
) JUDGMENT
9 VICTORY VILLA LLC
)
BRUCE I. LEVINE
10 )
MARC R. DONATY, ESQ
11 )
Counter-Defendant(s)
12
13 MOTION FOR DEFAULT JUDGMENT
14
15 COMES NOW, Todd Wetzelberger, counter-plaintiff, and moves the court to enter an Order for
default judgment against counter- defendants and states:
16
1. A counterclaim was filed in this court on November 1, 2010.
17 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
18 November 2010.
3. All counter-defendants have failed to enter a Notice of Intention to Defend per MD Rule
19 3-307.
4. All counter-defendants have failed to answer counterclaim and are estopped from doing
20 so.
5. There are no material facts in dispute.
21 6. Over 30 days have passed since counter-defendants were served with said counterclaim
(Exhibit 10).
22
WHEREFORE, counter-plaintiff is entitled to judgment by default in the amount of $30,000 and
23 moves the court to enter an Order of Judgment in favor of counter-plaintiff, for which let
24 execution issue.
25
26 ______________________________
Todd Wetzelberger
27
28
Page 1of 4
1
2
3
4
VERIFICATION OF MOTION
5
STATE OF __________________
6 COUNTY OF ____________________
7 BEFORE ME personally appeared Todd Wetzelberger who, being by me first duly sworn
and identified in accordance with Maryland law, deposes and says:
8 1. My name is Todd Wetzelberger.
9 2. I have read and understood the attached foregoing motion filed herein, and each fact
alleged therein is true and correct of my own personal knowledge.
10 FURTHER THE AFFIANT SAYETH NAUGHT.

11 ________________________
Todd Wetzelberger, Affiant
12
13 SWORN TO and subscribed before me____________________________, Notary
Public, this ___ day of _______________ 2010.
14
___________________________
15 Notary Public
My commission expires:
16
17
18
19
20
21
22
23
24
25
26
27
28
Page 2of 4
1
2
3
DISTRICT COURT OF MARYLAND
4 COUNTY OF BALTIMORE

5
6 )
Todd Wetzelberger CASE NO. 0804-41155-2008
)
7 Counter-plaintiff
)
8 v.
)
9 VICTORY VILLA LLLP
) ORDER FOR DEFAULT
VICTORY VILLA LLP
10 ) JUDGMENT
VICTORY VILLA LLC
11 )
BRUCE I. LEVINE
12 )
MARC R. DONATY, ESQ
)
13 Counter-Defendant(s)
14
ORDER FOR DEFAULT JUDGMENT
15
UPON CONSIDERATION of the foregoing counter-plaintiff’s Motion For Default Judgment
16 and the court having considered the facts and law in this matter, now therefore it is ordered and
adjudged this ____day of ______________, 2010 that:
17
Default judgment be entered for counter-plaintiff Todd Wetzelberger against all counter-
18 defendants, names and addresses stated in Exhibit 10- proof of service, in the amount of $30,000,
for which let execution issue.
19
20
21 by_____________________________ ________

22 Judge Judge ID

23
24
25
26
27
28
Page 3of 4
1
2 CERTIFICATE OF SERVICE
UNDER PENALTY OF PERJURY, I, Todd Wetzelberger hereby certify that a copy of the
3 foregoing documents listed below have been filed in the District Court for Baltimore County
Maryland, and mailed via USPS First Class Mail in a sealed envelope on or about this ____ day
4
of __________________, 2010 to the following recipients:
5 1. Motion for Default Judgment with Affidavit
6 2. Order for Default Judgment

7 Marc R. Donaty, Esq


6401 Edenvale Road
8 Baltimore MD 21209

9 Bruce I Levine
6611 Deancroft Rd
10 Baltimore, MD 21209-2712

11 Victory Villa LLLP


Bruce I. Levine, Agent
12 Leo M. Storch Management
25 Hooks Ln # 312
13 Pikesville, MD 21208-1620

14 Victory Villa LLP


Bruce I. Levine, Agent
15 Leo M. Storch Management
25 Hooks Ln # 312
16 Pikesville, MD 21208-1620

17 Victory Villa LLC


Registered Agent-Abramoff, Neuberger and Linder, LLP
18 Richard S. Lehmann
Suite 800 250 W. Pratt Street
19 Baltimore, MD 21201

20 _______________________________
21 Todd Wetzelberger

22 State of Maryland )
) ss. JURAT
23 County of Baltimore )
On this ___ day of _____, 2010, before me, _________________________, a Notary Public in and for the above
24 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,
25 complete and not misleading. Witness my hand and seal this ____ day of _____________, 2010.

26 My commission expires:_________________
Notary Public Seal
27
28
Page 4of 4