Wilmington Savings Fund Society, FSB v. Williams.
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY WILMINGTON SAVINGS FUND SOCIETY FSB, Plaintiff, v. DORETHA M. WILLIAMS, Defendant. ) ) ) ) ) ) ) ) ) ) C.A. No. N10L-03-016 MMJ Submitted: December 17, 2012 Decided: December 21, 2012 DECISION FOLLOWING TRIAL ON THE MERITS Robert T. Aulgur, Jr., Esquire, Monica L. Townsend, Esquire, Whittington & Aulgur, Middletown, Delaware; James J. Woods, Jr., Esquire, Greenville, Delaware, Attorneys for Plaintiff Doretha M. Williams, 150 Boyer Avenue, Newark, Delaware, Defendant, Pro Se JOHNSTON, J. 1. This is a scire facias sur mortgage proceeding brought by Plaintiff Wilmington Savings Fund Society, FSB ( WSFS ) against Defendant Doretha M. Williams ( Williams ). 2. At trial, WSFS presented two witnesses: Raymond F. Tomasetti, Jr., Esquire (closing attorney); and John Bard (WSFS representative). 3. Tomasetti testified that he conducted the closing. He examined and retained a copy of Defendant s identification. Tomasetti personally observed Defendant sign all documents. 4. Bard testified that Defendant is delinquent in payments to WSFS. Plaintiff s Exhibit 7 is a summary of Defendant s arrearages 5. Plaintiff s evidence demonstrates: (a) On August 24, 2006, Defendant executed and delivered to WSFS a Mortgage in the amount of Two Hundred Forty Thousand Dollars ($240,000.00). (b) On August 24, 2006, Defendant executed and delivered to WSFS a promissory note in the amount of Two Hundred Forty Thousand Dollars ($240,000.00). (c) On August 24, 2006, Defendant executed and delivered to WSFS a promissory note in the amount of Sixty Thousand Dollars ($60,000.00). 1 (d) Defendant has defaulted in payments and owes WSFS the principal amount remaining on the Mortgage and First Note, with interest from August 1, 2009. (e) Defendant has defaulted in payments and owes WSFS the principal amount remaining on the Second Promissory Note, with interest from November 26, 2009. 6. Defendant took the stand and presented the following, under oath: (a) Alleged conspiracies involving the U.S. Attorney s Office, Delaware law enforcement, the Delaware Bench and Bar, Delaware Department of Transportation, Staples, and all banks in the State of Delaware; (b) A robbery in which certain unidentified documents were stolen, and which the State of Delaware allegedly did not properly investigate; (c) A scam involving Defendant s computer; (d) Another robbery, which law enforcement allegedly did not properly investigate; and (e) As a result of the foregoing, Defendant is not prepared for trial. The alleged purpose of the robberies was to prevent Defendant from being prepared for trial. 2 (f) Additionally, two members of the Court of Chancery purportedly defamed Defendant s character, allegedly resulting in Defendant s inability to obtain counsel in this case. 7. The Court finds all of Defendant s testimony to be argument. Defendant has provided absolutely no evidence to rebut WSFS s prima facie case. 8. Defendant s rambling arguments are wholly irrelevant, without any apparent basis in fact, specious, spurious, frivolous, and lacking any merit whatsoever. 9. Defendant also made certain arguments asserting procedural deficiencies. These arguments repeatedly have been addressed and rejected as frivolous by the Court at pretrial proceedings. (For example, Defendant contends that because her copy of a letter, which was e-filed by the Court, did not have an actual signature on its face, the letter is not valid. ) THEREFORE, the Court holds in favor of Plaintiff Wilmington Savings Fund Society, FSB, and against Defendant Doretha M. Williams, on all counts. Plaintiff s counsel is directed to submit an implementing order. IT IS SO ORDERED. /s/ M M Johnston ary . The Honorable Mary M. Johnston 3
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