IN THE BEREA MUNICIPAL COURT

CUYAHOGA COUNTY, OHIO

Melissa Svigelj ) Case No.: 22 CVI01718

)
Plaintiffs, ) Judge Mark Comstock
)
-vs- ) PLAINTIFF MELISSA SVIGELJ
) MOTION FOR DEFAULT JUDGMENT
Susan Palmentera-Wordell ) AGAINST ALL DEFENDANTS
Paul Wordell
)
Defendants. )

Now comes Plaintiff, Melissa Svigelj (“Svigelj”) hereby moves this Court for a default

judgment against Defendants Susan Palmentera-Wordell and Paul Wordell, individually,

(hereinafter collectively referred to as “the Defendants”). Svigelj states that the Defendants were

all properly served notice of Svigelj’s Complaint but have failed to answer or otherwise plead.

For reasons set forth more fully in the following Memorandum, Svigelj requests this Court enter

default judgment against all Defendants and for each to be held liable for all Plaintiff’s actual

and statutory damages.

Respectfully Submitted,

_________________________
Melissa Svigelj
804 Koshland Way
Santa Cruz, CA 95064
 MEMORANDUM

On or about August 29, 2022, Svigelj’s Complaint was served upon all Defendants, Susan

Palmentera-Wordell and Paul Wordell. Answers were due on or before October 3, 2022. Ohio

R. Civ. Proc. 12 states that “The defendant shall serve [his] answer within twenty-eight days after

service of the summons and complaint upon him...” Ohio R. Civ. Proc. 12(A)(1). Moreover,

Ohio Civ. R. Proc. 55 states that, “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 or orally to the Court...” Ohio R. Civ. Proc. 55(A).

Pursuant to Ohio R. Civ. Proc. 55, Svigelj moves this Court for an entry of default judgment as

against Defendants Susan Palmentera-Wordell and Paul Wordell for their failure to answer or

otherwise plead in this case.

Svigelj requests damages against all Defendants jointly and severally in the amount of $6,000

for multiple violations of O.R.C.§ 5321.05(A)(1)(2)(3)(4)(5)(6)(7)(B), multiple violations of the

lease agreement, unlawful possession, gross negligence constituting fraud, and actions with this

Court made in bad faith. Svigelj also prays this Court issue Declaratory Judgments against all

Defendants that their respective actions herein are unconscionable Libel made with actual malice

and reckless disregard, and meet the standard for Defamation Per Se (Johnson v. Campbell, 91

Ohio App. 483, 485, 1952; “Certain statements are so inherently malicious and defamatory, that

additional evidence explaining the nature of the statement won’t suffice.” Bigelow v. Brumley,

138 Ohio St. 574,1941) in violation of O.R.C. § 2739.01.

Finally, Svigelj prays for a permanent injunction upon each from committing any further

violation of O.R.C. § 2739.01.

Wherefore, Melissa Svigelj prays this Motion for Default Judgment is granted as against
Susan Palmentera-Wordell and Paul Wordell and prays for damages in the amount listed above

and for further hearing as may be necessary on the calculation of damages.

In the alternative, Plaintiff requests default be granted and this matter be set for a damages

hearing.

Respectfully Submitted,

________________________
Melissa Svigelj
 CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion for Default Judgment was either served

electronically via the Court’s ECF/CM system or by regular U.S. mail on this 30th day of , 2023,

upon the following parties:

Susan Palmentera-Wordell
Paul Wordell
℅ UPS Store
4597 Great Northern Blvd #146
North Olmsted, Ohio 44070

_________________________
Melissa Svigelj
STATE OF OHIO )
) ss. AFFIDAVIT OF MELISSA SVIGELJ
BEREA MUNICIPAL COURT )
)
CUYAHOGA COUNTY )

I, Melissa Svigelj, being first duly sworn, depose and state as follows:

1. I am the Plaintiff in the matter Melissa Svigelj v. Susan Palmentera-Wordell and Paul

Wordell Case No. 22 CVI01718 pending in the Berea Municipal Court (the “action”).

2. The statements set forth are based upon my personal knowledge and are trust and correct

to the best of my knowledge, information, and belief.

3. The Complaint against Defendants was served by the Court on or about August 29, 2022.

4. The Court’s Journal shows that service of the Complaint was perfected on or about

October 3, 2022.

5. A pleading was due on or before October 3, 2022.

6. The Defendants, Susan Palmentera-Wordell and Paul Wordell, as individuals, have all

failed to plead or otherwise defend in this action, and the time to do so has expired.

7. To the best of my knowledge, information, and belief, the Defendants Susan

Palmentera-Wordell nor Paul Wordell are infants nor incompetent persons, nor are on

active military service within the purview of the Servicemembers Relief Act, § 50 U.S.C.

app. 501 et seq.

I declare under penalty of perjury that the foregoing is true and correct.

FURTHER AFFIANT SAYETH NAUGHT.

________________________________
MELISSA SVIGELJ
SWORN TO BEFORE ME AND SUBSCRIBED in my presence this___day of
December, 2022.

________________________________
NOTARY PUBLIC