Motion for Entry of Default in PREFERRED MEMBERSHIP CORP Vs JAMES R BETSCHEL VS.JAMES R BETSCHEL ET AL| Trellis.Law

On May 02, 2023 a Order was filed involving a dispute between and for OTHER CIVIL in the District Court of Franklin County.

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IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY, OHIO
CIVIL DIVISION

Preferred Membership Corp.,

Plaintiff, Case No. 23 CV 003119

v
Category H
James R. Betschel, et.al.,

Judge Cocroft
Defendants.

PLAINTIFF’S APPLICATION FOR DEFAULT JUDGMENT AGAINST
DEFENDANT CHERYL MANNS

The Plaintiff, Preferred Membership Corp. (“Plaintiff” or “Preferred”) applies for default

judgment against Defendant Cheryl Manns (“Manns”) in accordance with Ohio Civil Rule 55(A)

and Local Rule 55.02.

Manns has failed to plead or otherwise defend as provided in the Ohio Rules of Civil

Procedure (“Civil Rules”) and the Plaintiff is entitled to default judgments against Manns as to

liability on the Plaintiff's 1%, 3", 7, 11", 13", 14", 19 215 and 22™ Causes of Action. The

Plaintiff requests that a hearing on the amounts of damages to be awarded against Manns be

deferred for a later determination by the Court.

The Plaintiff served written notice of this Application on Manns by overnight delivery and

ordinary U.S. mail more than ten (10) business days before the filing of this Application because

she may have appeared in this action

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The Plaintiff attaches a Memorandum and Exhibits in support of this Motion. A proposed

judgment entry will be submitted contemporaneously with this Application.

Respectfully submitted,

/s/ Robert B. Berner
Robert B. Berner (0020055)
Bailey Cavalieri LLC
409 E. Monument Avenue, Suite 103
Dayton, Ohio 45402
Phone: 937-223-0254 / Fax: 937-223-0170
E-Mail: rberner: £9)

and

Matthew T. Schaeffer (0066750)
Bailey Cavalieri LLC
10 West Broad Street, Suite 2100
Columbus, Ohio 43215
Phone: 614-229-3289 / Fax: 614-221-0479
E-Mail: mischaeffer@baileycay.com

Counsel for Preferred Membership Corp.

MEMORANDUM

1 Plaintiff filed its Complaint against Manns and other Defendants on May 2, 2023

2 The Plaintiff seeks affirmative monetary relief against Manns in its 1%, 3°, 7, 11%,

13, 14 19% 21% and 224 Causes of Action.

3 Manns was served with a Summons and the Complaint on May 9, 2023 by Certified

Mail Proof of service upon Manns is attached as Exhibit 1. In accordance with Ohio Civ. R.

12(A)(1), Manns’ responsive pleading was due on or before June 6, 2023.

4 Manns is neither a minor nor an incompetent person.

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5 Manns has not contacted Preferred to request an extension to move, answer, plead

or otherwise defend.

6 Manns has not plead or otherwise defended as required by the Ohio Civil Rules. In

fact, she has not made any filing with the Court. See Docket.

7 However, on May 30, 2023, Preferred’s counsel received an affidavit from Manns

(the “Manns Affidavit”), a copy of which is attached as Exhibit 2, The Manns Affidavit was not

filed with the Court

Manns Has Not Plead or Otherwise Defended.

8 Civil Rule 55(A) provides:

Entry of judgment. When a party against whom a judgment for affirmative relief
is sought has failed to plead or otherwise defend as provided by these rules, the
party entitled to a judgment by default shall apply in writing ... to the court therefor;
but no judgment by default shall be entered against a minor or an incompetent
person unless represented in the action by a guardian or such other representative
who has appeared therein

9 Ohio Courts have interpreted the “otherwise defend” provision in Civil Rule 55(A)

to require contact with the Court. In Walton Constr. Co. v. Perry, 1996 Ohio App. LEXIS 4647,

the Second District Court of Appeals noted that “[t]he phrase ‘otherwise defend’ appears in the

disjunctive with the phrase ‘failed to plead’” and thus a defendant “would be required to make a

filing in the court where the action is venued, or at least contact the court, to ‘otherwise defend’ as

a substitute for filing a responsive pleading.”

10. In keeping with the requirement that to “otherwise defend” requires a filing with

the court, decisions have construed the phrase to refer to “attacks on the service, or motions to

dismiss, or for better particulars, and the like, which may prevent default without presently

pleading to the merits.” Ruckman v. Riebel, 215 Ohio Misc. LEXIS 3382 (citing Discover Bank v.

Schiefer, 2010-Ohio-2980). In Ruckman, a letter filed by defendant with the court did “not meet

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the requirements of an answer” because it did not contain a case caption, did not contain a

certificate of service, did not “set forth averments in separate number paragraphs,” and failed to

comply with general rules of pleading and methods of pleading defenses. Thus, it was not an

answer and default judgment was proper.

11. Manns has not plead or otherwise defended. In fact, she has made any filing with

the Court. Therefore, Manns is subject to default under Civil Rule 55(A).

Manns May Have Appeared in this Action by Virtue of Her Affidavit.

12. Civil Rule 55(A) further provides

... If the party against whom judgment by default is sought has appeared in the
action, [the party] ... shall be served with written notice of the application for
judgment at least seven days prior to the hearing on such application.

13. Local Rule 55.02 provides for greater notice than Civil Rule 55(A). “Motions for

default judgment must be served by e-filing or ordinary mail upon all parties that have appeared

or otherwise defended no less than ten (10) business days before counsel tenders a default

judgment entry by e-filing to the court.”

14. Although Manns has not plead or otherwise defended, her affidavit may constitute

“appearance,” entitling her to notice before the entry of a default.

15 In Johnson vy. Romeo, 2006-Ohio-7073, plaintiff moved for default judgment

against defendant. Defendant did not file an answer or any other document with the Court.

However, six days after receiving the complaint, defendant sent a letter by certified mail to

plaintiffs counsel that disputed the allegations in the complaint. The court found that a defendant

“makes an appearance under Civ. R. 55(A) when the party clearly expresses to the opposing party

an intention and purpose to defend the suit, regardless of whether a formal filing is made” (citing

Miamisburg Motel v. Huntington Natl. Bank, 88 Ohio App. 3d 117). Thus, defendant “appeared”

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in the action by sending the letter to Johnson’s counsel and was entitled to notice before the entry

of a default in accordance with Civil RuleS5(A).

16. However, other Ohio courts have required that a defendant “at least contact the

court” in order to make an appearance for purposes of Civil Rule 55. For example, the court in

Accettola v. Big Sky Energy, 2014 Ohio App. Lexis 1301, noted that "the language of Civ.R. 55

suggests court involvement” because a defendant appears “before the court, not before the

opposing party.”

17. Notwithstanding the fact that Manns has had no contact with the Court, in an

abundance of caution, Preferred gave Manns at least ten (10) business days written notice by

overnight delivery and ordinary mail before the instant application was filed in accordance with

Local Rule 55.02 (and Civil Rule 55(A) which only requires seven days’ notice). A copy of

Preferred’s notice is attached as Exhibit 3.

Preferred Requests Judgment as to Liability Only with Damages Determined Later.

18. Finally, Civil Rule 55(A) provides that:

Tf, in order to enable the court to enter judgment ..., it is necessary to ... determine
the amount of damages . the court may conduct such hearings as it deems
necessary and proper ...

19. When granting a motion for default judgment, a court is permitted to determine

only the issue of liability and continue the hearing on damages for a later date. See, e.g., Lindsey

vy. Rumpke, 2000 Ohio App. LEXIS 5302.

20. Preferred’s damage claims are unliquidated and the Court is required to hold a

hearing to determine damages. However, other defendants (including James Betschel) are

expected to contest Preferred claims. Therefore, in the interests of judicial economy, Preferred

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requests that the court grant default judgment against Manns as to liability only and defer the

determination of the amounts of the damages to a later date.

21. Preferred will submit a proposed default judgment entry contemporaneously with

the filing of this Application.

22. In conclusion, Preferred requests (a) default judgments against Manns as to liability

on its 1%, 3, 7 11% 13 14! y9th 21st and 22™ Causes of Action, with the amounts of those

judgments to be determined at a later date and (b) such other and further relief to which Preferred

may be entitled at law or in equity

Respectfully submitted,

/s/ Robert B. Berner
Robert B. Berner (0020055)
Bailey Cavalieri LLC
409 E. Monument Avenue, Suite 103
Dayton, Ohio 45402
Phone: 937-223-0254 / Fax: 937-223-0170
E-Mail: rberner@ibaileycav com

and

Matthew T. Schaeffer (0066750)
Bailey Cavalieri LLC
10 West Broad Street, Suite 2100
Columbus, Ohio 43215
Phone: 614-229-328 / Fax: 614-221-0479
E-Mail:

Counsel for Preferred Membership Corp.

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CERTIFICATE OF SERVICE

Thereby certify that a copy of the foregoing Plaintiff's Application for Default Judgment

Against Defendant Cheryl Manns was served electronically on the date of filing through the

court's ECF system on all ECF participants registered in the case at the email addresses

registered with the court and via U.S. Mail upon the following on July 19, 2023

Cheryl Manns
6719 County Road 95
Ada, OH 45810

EDATA by Design, Inc.
1008 Cedar Pointe Parkway, Apt. 1008
Antioch, TN 37013

Bryan C. Martinez
3509 Coleman Hill Road
Rockvale, TN 37153

Tiffany Gibson
427 West Kohler Street
Kenton, OH 43326

/s/ Robert B. Berner
RobertB. Berner (0020055)

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-_—
EXHIBIT 1
YNITED STATES
E370
‘POSTAL SERVICE.

Date Produced: 05/15/2023

coc:

The following is the delivery information for Certified Mail™/RRE item number 9214 8901 1952 2808
0654 42. Our records indicate that this item was delivered on 05/09/2023 at 02:49 p.m. in ADA, OH
45810. The scanned image of the recipient information is provided below.

Signature ot Recipient :

Address of Recipient :

Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance,
please contact your local post office or Postal Service representative.

Sincerely,
United States Postal Service

The customer reference number shown below is not validated or endorsed by the United States Postal
Service. It is solely for customer use.

te
ve
= as

Sa
a

Customer Reference Number: 4581023CV03119PREFE
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EXHIBIT 2
FRANKLIN COUNTY COMMON PLEAS COURT
COLUMBUS, OHIO

Preferred Membership Corp
23CV-05-3119

Plaintiff

-vs-

Cheryl Manns and Tiffany Gibson

Defendants

AFFIDAVIT

I, Cheryl Ann Manns, of Ada, Ohio, in Hardin County, Ohio, MAKE OATH AND SAY THAT:

The true facts are that I was hired in 2001 by Dilip Bhvani to close out a business he acquired in
Alger Ohio called Capital City Marketing, later called Values4Less. Later that year, Bhavani
introduced me to James Betschel who would be starting a new business with Bhavani and asked
me to work for Betschel.

During that meeting Bhavani told me that I would be dealing exclusively with Betschel. For 20
plus years, Betschel is the only one that I had contact with regarding the business of Preferred
Membership. Bhvani was not involved with our office in any way. I only saw Bhvani the day I
was hired and the day he came to the office to ask about how the business was ran and billing
was processed.

All decisions, financials, marketing, domains, billing, invoicing, maintenance was directed by

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James Betschel. In 20+ years, Bhvani never contacted me, by phone, email or in person
regarding Preferred Memberships.

with an
I was informed by Betschel that he and Bhvani were 50/50 partners in the business
d
agreement that Betschel was buying out Bhvani for total control of the business. Preferre
of what Betschel
Membership employees including myself were workin under the assumption
was relaying to us regarding his control and ownership of Preferred Membership.

ship and Betschel was the
Bhvani never requested any information from me or Preferred Member
financials, invoices, bills
only one in contac! t with him and Suncoast. All information, including
Betschel passed on to
etc were sent directly by email to Betschel. I have no knowledge of what
Bhvani or if Bhvani received anything from Betshel.

y to James Betschel. I had no
All information, invoices, bills, financial etc was sent directl
Bhvani and Betschel.
knowledge of the agreements, contracts or workings between

ts were made to through USAePay
Preferred Membership had 21 merchant accounts that deposi
all funds from thes
and MAS. My understanding of that process is that Bhvani swept
e accounts

everyday into Suncoast, his business.

were setup by Betschel. Bhvani had
Lhad no access to these merchant accounts or how they
Thave no knowledge or
these accounts moved to Wells Fargo and then to another place.
what agreements Bhvani and
understanding of the back end of the merchant accounts or
Betschel had regarding these.

billing Platform to Sublytic’s. This would
Starting at the end of 2022, B etschel was changing our
that her position in billing and
be an automated billing platform. One employee was angry
with assu rance that we would be able
invoicing would be eliminated due to the automation. Even
ut notice.
to keep her in another position, she walked out witho

ed her to return. She
This employee, Jessica Wicker, had walked out before and I allow
that she was diagnosed with that caused her
apologized and said that she had a mental condition
g platform would replace her position in billing.
to walk out and she was upset that the new billin
coworker of her’s was leaving to pursue
She was also upset that Kylie Wilhelm, a friend and
another career as they were close.

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In December, 2022, Bhvani came to Preferred Membership in Alger, Ohio. During that visit,
Bhvani asked me to explain how our billing worked and I walked him through the whole
process, I gave him a tour of our facilities as he had never been to Alger in 20+ years.

During that visit, Bhvani told me that he was 100% owner of Preferred Membership and showed
me a paper. I am still not sure of that fact as I was led to believe otherwise for over 20 years.

I explained to Bhvani about Betschel informing me that he was buying out Bhvani and opening
up his own merchant accounts in preparation for when that happened. Betschel had told me that
he was waiting on Bhvani to get back to him with a final price.

Page 13, 50 at no time did I believe that I was participating in allowing Betschel to steal money
from Preferred Membership. BNS was on the financials for a year or more that was sent to
James daily. If Bhvani did not get those accurate financials that I sent to Betschel, my emails
will prove that I did in fact send them to Betschel.

I have no knowledge of the information that was sent to Bhvani as I had zero contact with him
for over 20 years.

Moving customers to other programs was part of our responsibilities. If a membership was
changed or cancelled, customers would be moved. This had to be done by hand and everyone in
our office had to be involved in this long and tedious process at the direction of Betschel.

Betschel stated that BSA customers that were being moved was due to him keeping a Global
Marketing merchant account open so that when he was full owner, it would already be
established.

No one, including myself, knew the back end of the merchant account and whether it was being
swept by Suncoast, Bhvani, along with all of our other merchant accounts.

I never admitted wrong doing as I was following orders from the owner of the company.

I was NEVER involved with the monetary agreements or setups agreed to by Betschel and
Bhvani.

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1 did answer all questions truthfully and stated to Bhvani that I believed what I was told by
Betschel for over 20 plus years. Bhvani never once called to speak to me regarding how or
whether he was involved in Preferred Membership.

Page 14:53 My understanding BNS merchant as well as all of Preferred Membership merchant
accounts were setup by James Betschel and Suncoast.

I would have no information on whether any or all of the merchant accounts were being swept
into the Suncoast account as I would not have access to that information,

Page 15: 59 As stated before, customers were moved to other memberships during the course of
routine business as per James Betschel. I never knowingly or willingly moved customers from
one company to another to help or aid Betschel in any deceit.

From my understanding, all merchant accounts were setup to be swept into an account of
Bhvani’s daily. In fact, there were times that the merchant accounts were swept clean and
Preferred Membership had to contact Bhvani, because of payroll or another bill not being able to
be processed,

Page 15: 59b Betschel’s email to me regarding him setting up additional merchant accounts.
Betschel informed me that he was setting up merchant accounts to be able to move customers
over once he finalized the purchase of Preferred Membership.

Page 15:c, d Emails regarding moving customers from BSA to BNS to keep BNS merchant
active until final purchase of Preferred Membership. Following owners direction without any
knowledge of wrong doing. In fact, Lisa Wilhelm, the employee who brought in sales, contacted
our MAS specialist to see if he could create a program to make it easier for her to move them.

Page 16; 62 Neither I nor Gibson, diverted any membership fee’s away from Preferred
Memberships. All merchant accounts were setup by Betschel and Bhvani.

No one on my staff or myself, including my billing team, knew that the backend of the merchant
wasn’t setup the same as the others. Nor did we know if the funds were being swept by Bhvani.
We did not have access to the information for any of our merchant accounts and are only aware
of the sweep because of what we were told from Betschel.

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No fees were knowingly diverted from Preferred Memberships. If that was the case, no one,
including myself, had access to that information as that information would be outside of our
positions and responsibilities.

Page 19:77 I did not conceal or commit any wrong doings regarding financials, invoices, false
sales, and did not maintain any other data to the contrary. I have no idea what fraudulent records
were kept or maintained.

Page 19; 77 At no time did I deceive or tell our employees that Betschel had purchased Preferred
Membership. Betschel did tell us that he was in the process of signing an agreement to purchase
Preferred Memberships. He maintained that he was 50% owner.

ago, Betschel stated that the business was owned
When Preferred Membership started, 20+ years had
each. Years later, Betschel stated that Bob
by Betschel, B! hvani and a guy named Bob. 33%
Bhvani.
retired and now he was 50/50 owner with

happened to
All invoices were sent dire tly to Bets
chel. I had no knowledge or control of what
g was that Betschel forwarded
everything to
them after he received them. My understandin
Suncoast for payment.

Ihave no knowledge of encryption of any information on the billing platform except for the
customers credit card information, which is a PCI requirement. All billing was processed exactly
the same and could not be diverted after the merchant accounts were setup.

We were instructed to bill a certain amount daily by Betschel. Kylie Wilhem and Jessica Wicker
processed all billing daily. They also were in charge of financial information of everything that
they were processing for the day. Wilhelm was in direct contact with Betschel regarding billing
and financials. At the end of each day Wilhelm or Wicker would put the financial report into a
folder with other reports that I would email to Betschel at the end of the day. Wilhelm emailed
this information every Friday as I was not in the office on Friday’s.

Page 20; f Betschel gave his credit card information to be billed on occasion. His explanation
was that Betschel had borrowed money from Bhvani and needed to pay it back.

Page 20;78 Gibson and I, as well as most of our employees created a CYA file to keep any
documents that we questioned from Betschel. These files were not created because we had done
anything deceitful or concealing. These files were created because we were not sure if Betschel

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or Bhvani might be doing something illegal. Everyone was getting nervous regarding Bhvani
and Betschel and the money Betschel needed to pay back that was affecting our billing. We
created a ‘cover your ass” file in case they were doing something illegal.

Preferred Membership employees had several meetings during this time to discuss the direction
that Betschel was taking the company.

For 20+ years, Betschel ran the company as the owner and the only person that anyone had
contact with. We had no reason to believe that he was lying about the ownership. Bhvani never
was involved in any part of the business as far as our office knew.

All employees at Preferred Membership had no one to go to besides Betschel if we had questions
or concerns. We were not permitted to contact Bhvani or Suncoast and everything had to go
through Betschel.

When Betschel setup the BNS merchant, all of the financials were included on the financials that
Kylie Wilhelm and Jessica Wicker filled out and sent to Betschel. This led us to believe that
Bhvani knew about the merchant account and had the monies deposited swept into the Suncoast
accounts the same as every other merchant account. Bhvani had that information unless Betschel
changed or did not send to it Bhvani.

No employee of Preferred Membership was concealing or encrypting documents to cover for
any wrongdoings of Betschel. In fact, the CYA files were created because of our distrust of
Betschel and Bhvani.

I, as well as all of our employees, were basically working blindly, trusting what was being told
to us.

I did not know the agreements or contracts that were between Betschel and Bhvani and am
disgusted that either party would involve anyone besides themselves in this situation.

I did not deceive, conceal, divert, any material or facts to anyone. Bhvani and Betschel are the
only ones who would know what their arrangements or agreements were regarding Preferred
Membership. I was never part of the discussion of that part of the business.

Betschel gave instructions and directions to myself as well as everyone else in the office. If he
deceived his employees, then everyone in our office were working under the pretense of what

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was told to us by Betschel.

All Preferred Membership employees, including myself and Gibson were the ones being used
and deceived. With the BNS information actually included on our financials, why would my
employees or myself question this billing?

I had no knowledge of any diverted funds. Merchant accounts were setup by Betschel and
Bhvani and I would have no say on where the deposits would be made.

No concealment was made by myself or any other employee of Preferred Membership. Who
were we concealing the information from when Betschel was a 50/50 owner, in the process of
was having his attorneys
purchasing Preferred Membership from Bhvani. Betschel said Bhvani
any di lay now, he would be 100% owner.
to go over the purchase agreement and
d Membership
ni never had contact with Preferre
No conce: alment was made to Bhvani as Bhva
anything from him
over 20 year s. To say that mys elf or any of our em ployees concealed
for chel woul d have
ever had contact witl h Bhvani. Only Bets
would be impossible because we never
about Preferred Membership.
been giving Bhvan: i information

were working
L was working under the direction of James Betschel, in fact, all of the employees
under his direction. If anyone was deceived, it was myself and every single one of our
employees.

Each one of our employees were performing their duties under the impression that James was the
owner, James was purchasing Preferred Membership, Betschel and Bhvani had a deal going that
did not include our input regarding the purchase of Preferred Membership.

Bhvani never one time reached out to me or anyone else employed by Preferred Membership to
get information, ask questions or just to check in to see how our employees were doing. This just
reinforced what Betschel was telling all of us regarding the sale of Preferred Membership and
the 100% ownership that Betschel would be receiving.

I respectfully ask that any charges be dismissed against me.

would totally
am an honest, hardworking employee who was left out of all information that
truthful to
alert me that anything was wrong with what Betschel was doing. I was completely
Bhvani and had no reason to be deceitful to him.

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Lam disapp: ed that Bhivani totally ignored Prefern Mernbership and our employes OF VET

20 years and i any of wrong doing, er pl
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beyand at Praferred pers 8. working bo TUE

did Sercosst or & AMD HG we would know that he
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sbo w HE ing under the same as ap BY thai Retachel was owner ane parc
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Cheryl Manus
STISCR OS
Ada, Oh 45810
567-874-2867

STATE OF OHIO

ae TY OF HARD

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TRrenidin County Oto Clerk of Courts of the Common Pleans- 2023 tush 22 5-25 POLZSCWOESIS
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EXHIBIT 3

IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY, OHIO
CIVIL DIVISION

Preferred Membership Corp.,

Plaintiff, Case No 23 CV 003119
Vv
Category H
James R. Betschel, et.al.,
Judge Cocroft
Defendants.

NOTICE OF APPLICATION FOR DEFAULT JUDGMENT BY PLAINTIFF
AGAINST DEFENDANT CHERYL MANNS

Please take notice that Plaintiff Preferred Membership Corp. will file with this Court its

Application For Default Judgment Against Defendant Cheryl Manns (a copy of which is attached

hereto) on or after the tenth day following the service of this Notice. This Notice is served

pursuant to Rule SS(A) of the Obio Rules of Civil Procedure and Local Rule 55.02

Respectfully submitted,

is! Robert B. Berner
Robert B. Berner (0020055)
Bailey Cavalieri LLC
409 E. Monument Avenue, Suite 103
Dayton, Ohio 45402
Phone: 937-22 2Ba 0254 / Fax: 937-223-0170
E-Mail

and

Matthew T. Schaeffer (0066750)
c
Bailey Cavalieri I
10 West Broad Street, Suite 2100
Columbus, Ohio 43215
Phone: 614-229-3289 / Fax: 614-221-0479
E-Mail: » iad!
Counsel for referred Membership Corp.

4853-455 1460201
Frenidin County Oto Clerk of Courts of the Common Pleas- 2023 tush 1S 5-25 POLISCWOESIS
06469 - Q5

€ TIFICATE OF SERVICE

Thereby certify that a copy of the foregoing Netice of Application
for Default Judgment

by Plaintiff Against Defendant Cheryl Manns was served electronically on the date of filing

through the court's ECF system on all ECF participants registered in the case at the email

addresses registered with the court and upon the parties listed below via the delivery method

indicated on June 28, 2023:

Via overnight delivery and ordinary U.S. Mail upon:

Chery! Manns
6719 County Road 95
Ada, OH 45810

Via ordinary U.S. Mail upon:

EDATA by Design, Inc.
1008 Cedar Pointe Parkway, Apt. 1008
Antioch, TN 37013

Bryan C. Martinez
3509 Coleman Hill Road
Rockvale, TN 37153

Tiffany Gibson
427 West Kohler Street
Kenton, OH 43326

isi Robert B. Berner
Robert B. Berner (0020055)

4853-455 1460201
TFrenidin County Oto Clerk of Courts of the Common Plens- 2023 tush 2 5-25 POLISCWOESIS
06469 - Q6

IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY, OHIO
CIVIL DIVISION

Preferred Membership Corp.,

Plaintiff, Case No. 23 CY 003119

Vv.
Category H
James R. Betschel, et.al.,

Judge Cocroft
Defendants.

PLAINTIFE’S APPLICATION FOR DEFAULT JUDGMENT AGAINST
DEFENDANT CHERYL MANNS

The Plaintiff, Preferred Membership Corp. (“Plaintiff or “Preferred”) applies for default
,
judgment against Defendant Chery! Manns (“Man } in accordance with Ohio Civil Rule S5(A)

and Local Rule 55.02

Manns has failed to plead or otherwise defend as provided in the Ohio Rules of Civil

Procedure (“Civil Rules”) and the Plaintiff is entitled to default judgments against Manns as to

Hability on the Plaintiff's 1% 3" 7% pi" 3" pa po 21% and 22" Causes of Action. The

Plaintiff requests that a hearing on the amounts of damages to be awarded against Manns be

deferred for a later determination by the Court.

The Plaintiff served written notice of this Application on Manns by overnight delivery and

ordinary U.S. maif more than ten (10) business days before the filing of this Application because

she may have appeared in this action

4875-5 Have
iFrenidin Couamtty Oto Clerk of Courts of the Common Plens- 2023 tush 2 5-25 POLISCWOESIS
06469 - Q7

The Plaintiff attaches a Memorandum and Exhibits in support of this Motion. A proposed

judgment entry will be submitted contemporaneously with this Application.

Respectfully submitted,

si Robert 8. Berner
Robert B. Berner (0020055)
Bailey Cavalieri €
409 E. Monument Avenue, Suite 103
Dayton, Ohio 45402
Phone: 937-223-0254 / Fax: 937-223-0170
E-Mail be 2¥

and

Matthew T. Schaeffer (0066750)
Ba

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Order: PREFERRED MEMBERSHIP CORP Vs JAMES R BETSCHEL VS.JAMES R BETSCHEL ET AL

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