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Counterclaim- Fraud & Abuse of Process Final

Counterclaim- Fraud & Abuse of Process Final

Ratings: (0)|Views: 1,384|Likes:
Published by Todd Wetzelberger
Common law counterclaim against crooked attorney Marc Donaty who filed fraudulent complaint on behalf of NONEXISTENT Plaintiff, Victory Villa LLC
Common law counterclaim against crooked attorney Marc Donaty who filed fraudulent complaint on behalf of NONEXISTENT Plaintiff, Victory Villa LLC

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Categories:Types, Research
Published by: Todd Wetzelberger on Jan 19, 2011
Copyright:Attribution Non-commercial

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09/20/2013

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DISTRICT COURT OF MARYLANDCOUNTY OF BALTIMORETodd Wetzelberger Counter-plaintiff v.VICTORY VILLA LLLPVICTORY VILLA LLPVICTORY VILLA LLCBRUCE I. LEVINEMARC R. DONATY, ESQCounter-Defendant(s) )))))))))CASE NO. 0804-41155-2008VERIFIED COUNTERCLAIM FOR FRAUD AND ABUSE OF PROCESSVERIFIED COUNTERCLAIM FOR FRAUD AND ABUSE OF PROCESS1.Fraud2.Abuse of ProcessCOMES NOW, Todd Wetzelberger, one of the people in this court of record, hereinafter Counter-plaintiff, per MD Rules 3-331 and 3-306 and brings this counterclaim for judgment asthere are no material facts in dispute:SUMMARY OF ACTIONThis is a case involving fraud, and abuse of process by Counter-defendants. By the complaintCounter-Plaintiff seeks monetary and statutory damages for Counter-defendants violation of stateand federal criminal codes, monetary damages for Counter-defendant’s fraud upon Counter-Plaintiff and restitutionary relief for Counter-defendant Marc R. Donaty’s violation of theattorney code of professional conduct.PARTIESCounter-plaintiff is an individual domiciled in Baltimore County, MarylandVictory Villa LLLP is a non-existent Defendant, however non-existent Defendant filed suit andwas awarded judgment in the instant case.Victory Villa LLP is a non-existent Defendant, however non-existent Defendant is named in theinstant case where judgment was awarded to Victory Villa LLLP, a non-existent entity.
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Victory Villa LLC is a Maryland Limited Liability Company domiciled in Maryland formed onApril 30, 2010.Defendant Marc R. Donaty, Esq. upon information and belief is a person residing and doing business in Baltimore County, MarylandDefendant Bruce R. Levine upon information and belief is a person residing and doing businessin Baltimore County Maryland.JURISDICTION AND VENUEThe events which form the basis of this complaint occurred in Baltimore County, State of Maryland and within the jurisdiction of this court.Jurisdiction is proper in this court because at least one of the Counter-defendants are located inthis judicial district, Counter-defendants upon information and belief do business within this judicial district and the amount in controversy is less than $30,000.STATEMENT OF FACTS1.Defendant Marc R. Donaty Esq. filed suit for alleged breach of contract and allegeddamages on behalf of VICTORY VILLA LLLP, a non-existent MD entity on December 3,2008.2.Defendant Marc R. Donaty Esq. violated MD Rule 3-308. Victory Villa LLLP is a non-existent entity therefore lacks the capacity to bring suit.
3.
Void judgment in favor of Victory Villa LLLP (a non-existent entity) was entered in error on or about March 17, 2009.
4.
 Non-existent entity Victory Villa LLLP lacked standing and the court lacked jurisdictionto enter said void judgment.
5.
Public record evidence shows Counter-defendants failed/refused to produce anyadmissible evidence to support a proof of claim as the basis for the judgment enteredagainst Counter-plaintiff.
6.Per MD Rule 2-324(b) “Whenever it appears that the court lacks jurisdiction of thesubject matter, the court shall dismiss the action.”
7.
Said judgment is void ab initio as Victory Villa LLLP is a non-existent entity inMD, pursuant MD Rule Civ. P 3-201, 3-202.
8.
Marc R. Donaty violated MD Rule 3-201- “Every action shall be prosecuted in the nameof the real party in interest…”
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9.
There is no real party in interest since the 3 different entities named in the complaintCounter-defendants filed (Victory Villa LLP, Victory Villa LLC, Victory Villa LLLP)were non-existent at time of filing suit or forfeited MD entities with no legal authority to do business or file any suit in Maryland courts.
10.
Victory Villa LLLP, (a MD entity forfeited in 2003) was the alleged entity that filed thefraudulent suit and was named in the Application and Affidavit in Support of Judgmentagainst Counter-plaintiffs by and through its agent Marc R. Donaty, Esq. #6816. (Exhibit 1)
11.
Victory Villa LLC (non-existent entity at time of filing of complaint) was named on theReturn of Service, dated August 28, 2009 signed by Process Server Ed Cihlar and attachedto the Request for Show Cause Order for Contempt naming Victory Villa LLP as Plaintiff (non-existent entity). (Exhibit 2)
12.
Counter-plaintiff noticed the person who was presumably Ed Cihlar (he would notidentify himself) at the time that he has the wrong parties and that the entity he serving process for does not exist in Maryland, the suit is not valid and that he is participating in afraud.
13.
The person, presumably Ed Cihlar, chose to ignore this notice, despite prima facieevidence that the entity named on the Return of Service, Victory Villa LLC (non-existentMD entity) was not the same as Plaintiff named on the Request for Show Cause Order For Contempt, Victory Villa LLP (forfeited MD entity).14.There is no record of a substitution of parties nor is there any notice in the record per thefollowing rules.
15.
Per MD Rule 3-241(a)(4)
Substitution.-
The proper person may be substituted for a partywho: If a corporation, dissolves, forfeits its charter, merges, or consolidates.
16.
MD Rule 3-241(b)
 Procedure.-
“Any party to the action, any other person affected by theaction, the successors or representatives of the party, or the court may file a notice in theaction…”
17.
Counter-plaintiff is of the belief that before a claimant would be permitted to bring suit,the clerk of court and/or the judge in said case would confirm that plaintiff had asufficiency of pleadings; (that the court had subject matter jurisdiction) and that alleged plaintiff is the real party in interest.
18.
 Neither Marc R. Donaty Esq, Bruce R. Levine, Victory Villa LLP, Victory Villa LLLP or Victory Villa LLC have ever possessed, do not now possess, nor ever will possess anyvalidated, substantiated, and authenticated proof of claim.
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