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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 10 1:35 PM-23CV003119
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IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
PREFERRED MEMBERSHIP
CORP.,
Case No. 23-CV-3119
Plaintiff,
Judge Kimberly Cocroft
vs.
JAMES R. BETSCHEL, et al.,
Defendants.
DEFAULT JUDGMENT ENTRY AGAINST DEFENDANT CHERYL MANNS
This matter is before the Court pursuant to Plaintiff Preferred Membership Corp.’s
Motion for Default Judgment against Defendant Cheryl Manns and the Supplement to
Plaintiff's Application filed July 19, 2023. A review of the record shows that Defendant
Manns has been properly served, but has failed to answer or otherwise respond to the
complaint. Accordingly, the motion for default judgment is GRANTED and the Court finds
as follows:
4
Manns is liable for fraud in an amount to be determined at the Damages
Hearing in connection with the Diverted Fees based upon the First Cause
of Action in the Complaint;
Manns is liable for fraud in an amount to be determined at the Damages
Hearing in connection with the Unearned Compensation and Improper
Expenses based upon the Third Cause of Action in the Complaint;
Manns is liable for destruction of evidence in an amount to be determined
at the Damages Hearing based upon the Seventh Cause of Action in the
Complaint;
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 10 1:35 PM-23CV003119
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Manns is liable for civil conspiracy in an amount to be determined at the
Damages Hearing in connection with the Diverted Fees based upon the
Eleventh Cause of Action in the Complaint;
Manns is liable for tortious interference with business relations in an amount
to be determined at the Damages Hearing based upon the Thirteenth Cause
of Action in the Complaint;
Manns is liable for tortious interference with contractual relations in an
amount to be determined at the Damages Hearing based upon the
Fourteenth Cause of Action in the Complaint;
Manns is liable under applicable the civil RICO statutes in an amount to be
determined at the Damages Hearing in connection with the Diverted
Membership Fees, Unearned Compensation, Improper Expenses, and the
falsification of Preferred’s records based upon the Nineteenth Cause of
Action in the Complaint;
The actions of Manns entitle Preferred to an award of punitive damages in
an amount to be determined at the Damages Hearing based upon the
Twentieth-first Cause of Action in the Complaint;
The actions of Manns entitle Preferred to an award of attorney’s fees in an
amount to be determined at the Damages Hearing based upon the
Twentieth-second Cause of Action in the Complaint;
10.The Court retains jurisdiction to determine all matters related to the
Complaint, the Damages Hearing, and any related matters;
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 10 1:35 PM-23CV003119
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Due to the pending claims against the nine other defendants listed in the complaint,
the Court will not schedule a damages hearing until all remaining claims are at or near
resolution.
ITIS SO ORDERED.
Copies to:
Robert B. Berner, Bailey Cavalieri LLC, 409 E. Monument Avenue, Suite 150, Dayton,
Ohio 45402
Matthew T. Schaeffer, Bailey Cavalieri, LLC, 10 West Broad Street, Suite 2100,
Columbus, Ohio 43215
Ryan A. Gordon, The Law Office of Ryan Gordon, Esq., LL.M., LLC, 4921 McPartlan
Court, Columbus, Ohio 43221
EDATA by Design, Inc., 1008 Cedar Pointe Parkway, Apt. 1008, Antioch, TN 37013
Tiffany Gibson, 427 West Kohler Street, Kenton, OH 43326
Bryan C. Martinez, 3509 Coleman Hill Road, Rockvale, TN 37153
Cheryl Manns, 6719 County Road 95, Ada, OH 45810
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 10 1:35 PM-23CV003119
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Franklin County Court of Common Pleas
Date: 08-10-2023
Case Title: PREFERRED MEMBERSHIP CORP -VS- JAMES R BETSCHEL ET
AL
Case Number: 23CV003119
Type: JUDGMENT ENTRY
It Is So Ordered.
OD we ems
\ Sa
/s/ Judge Kimberly Cocroft
Electronically signed on 2023-Aug-10 page 4 of 4
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 10 1:35 PM-23CV003119
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Court Disposition
Case Number: 23CV003119
Case Style: PREFERRED MEMBERSHIP CORP -VS- JAMES R
BETSCHEL ET AL
Motion Tie Off Information:
1. Motion CMS Document Id: 23CV0031 192023-07-1999720000
Document Title: 07-19-2023- MOTION FOR DEFAULT JUDGMENT
- PLAINTIFF: PREFERRED MEMBERSHIP CORP
Disposition: MOTION GRANTED
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 10 1:35 PM-23CV003119 0G500 - Mé IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO PREFERRED MEMBERSHIP CORP., Case No. 23-CV-3119 Plaintiff, Judge Kimberly Cocroft vs. JAMES R. BETSCHEL, et al., Defendants. DEFAULT JUDGMENT ENTRY AGAINST DEFENDANT CHERYL MANNS This matter is before the Court pursuant to Plaintiff Preferred Membership Corp.’s Motion for Default Judgment against Defendant Cheryl Manns and the Supplement to Plaintiff's Application filed July 19, 2023. A review of the record shows that Defendant Manns has been properly served, but has failed to answer or otherwise respond to the complaint. Accordingly, the motion for default judgment is GRANTED and the Court finds as follows: 4 Manns is liable for fraud in an amount to be determined at the Damages Hearing in connection with the Diverted Fees based upon the First Cause of Action in the Complaint; Manns is liable for fraud in an amount to be determined at the Damages Hearing in connection with the Unearned Compensation and Improper Expenses based upon the Third Cause of Action in the Complaint; Manns is liable for destruction of evidence in an amount to be determined at the Damages Hearing based upon the Seventh Cause of Action in the Complaint; Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 10 1:35 PM-23CV003119 0G500 - Mé Manns is liable for civil conspiracy in an amount to be determined at the Damages Hearing in connection with the Diverted Fees based upon the Eleventh Cause of Action in the Complaint; Manns is liable for tortious interference with business relations in an amount to be determined at the Damages Hearing based upon the Thirteenth Cause of Action in the Complaint; Manns is liable for tortious interference with contractual relations in an amount to be determined at the Damages Hearing based upon the Fourteenth Cause of Action in the Complaint; Manns is liable under applicable the civil RICO statutes in an amount to be determined at the Damages Hearing in connection with the Diverted Membership Fees, Unearned Compensation, Improper Expenses, and the falsification of Preferred’s records based upon the Nineteenth Cause of Action in the Complaint; The actions of Manns entitle Preferred to an award of punitive damages in an amount to be determined at the Damages Hearing based upon the Twentieth-first Cause of Action in the Complaint; The actions of Manns entitle Preferred to an award of attorney’s fees in an amount to be determined at the Damages Hearing based upon the Twentieth-second Cause of Action in the Complaint; 10.The Court retains jurisdiction to determine all matters related to the Complaint, the Damages Hearing, and any related matters; Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 10 1:35 PM-23CV003119 0G500 - M7 Due to the pending claims against the nine other defendants listed in the complaint, the Court will not schedule a damages hearing until all remaining claims are at or near resolution. ITIS SO ORDERED. Copies to: Robert B. Berner, Bailey Cavalieri LLC, 409 E. Monument Avenue, Suite 150, Dayton, Ohio 45402 Matthew T. Schaeffer, Bailey Cavalieri, LLC, 10 West Broad Street, Suite 2100, Columbus, Ohio 43215 Ryan A. Gordon, The Law Office of Ryan Gordon, Esq., LL.M., LLC, 4921 McPartlan Court, Columbus, Ohio 43221 EDATA by Design, Inc., 1008 Cedar Pointe Parkway, Apt. 1008, Antioch, TN 37013 Tiffany Gibson, 427 West Kohler Street, Kenton, OH 43326 Bryan C. Martinez, 3509 Coleman Hill Road, Rockvale, TN 37153 Cheryl Manns, 6719 County Road 95, Ada, OH 45810 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 10 1:35 PM-23CV003119 0G500 - M7 Franklin County Court of Common Pleas Date: 08-10-2023 Case Title: PREFERRED MEMBERSHIP CORP -VS- JAMES R BETSCHEL ET AL Case Number: 23CV003119 Type: JUDGMENT ENTRY It Is So Ordered. OD we ems \ Sa /s/ Judge Kimberly Cocroft Electronically signed on 2023-Aug-10 page 4 of 4 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 10 1:35 PM-23CV003119 0G500 - M7 Court Disposition Case Number: 23CV003119 Case Style: PREFERRED MEMBERSHIP CORP -VS- JAMES R BETSCHEL ET AL Motion Tie Off Information: 1. Motion CMS Document Id: 23CV0031 192023-07-1999720000 Document Title: 07-19-2023- MOTION FOR DEFAULT JUDGMENT - PLAINTIFF: PREFERRED MEMBERSHIP CORP Disposition: MOTION GRANTED