LLC v. Lynne E. Christie (2015)

MEMORANDUM OF DECISION RE MOTION TO OPEN JUDGMENT AND DISMISS THE COMPLAINT (# 118)

On March 3, 2015, the defendants Timothy Van Wormer and Lynn E. Christie VanWormer (the defendants) moved to open the judgment and dismiss the complaint in the above-captioned action.   The foundation for this motion is that the plaintiffs failed to properly secure personal jurisdiction over the defendants.

POSTURE OF THE CASE

The plaintiffs commenced this action against the defendants on July 15, 2014.   Both defendants were served by abode service at the property which was the subject of the foreclosure action, 2 Tanglewood Lane, Voluntown, Connecticut.   The defendants did not appear and defend the action.   After defaults were obtained against the defendants, a judgment of strict foreclosure entered on December 1, 2014.   Title vested in the plaintiff upon the expiration of the law days that commenced running on January 21, 2015.

In support of this motion to open and dismiss, the defendant, Timothy VanWormer, filed an affidavit under oath indicating that since June 2012, his usual place of abode was at 5 Argyle Drive in Westerly, Rhode Island.   He asserts that he lives there with his daughter and he further asserts that he has never been served with any process in this foreclosure action.

The defendant, Lynn Christie VanWormer, supports her motion to dismiss by asserting that she does reside at the home located at 2 Tanglewood Lane, Voluntown, Connecticut.   She further asserts she was unaware of the pending foreclosure case because she was out of state when the papers were served and because “my disabilities have kept me housebound.”

In opposition to this motion, the plaintiff has not provided any evidence or provided any testimony that would contradict the affidavit of Timothy VanWormer.   There is no evidential foundation to allow the court to interpret various copies of internet printouts that were attached to the opposition of this motion.   With regard to Lynn Christie VanWormer, the plaintiff can rely upon the affidavit of Ms. VanWormer herself to support the fact that she resided at the premises at the time the litigation was commenced.

The court is satisfied that it never obtained personal jurisdiction over Timothy VanWormer.   The motion to open the judgment as to Timothy Van Wormer is granted and the action is dismissed as to Mr. VanWormer.

The court denies the motion of Lynn Christie VanWormer as the court had personal jurisdiction over her by virtue of the abode service and, therefore, pursuant to Connecticut General Statutes § 49–15, the court has no jurisdiction to entertain her motion.

Cosgrove, J.

Cosgrove, Emmet L., J.