Respondents Objections to Petitioners Motion to Set Aside Default.pdf
Mary Ann Lamkin, Petitioner V Township Of Hamburg, Respondent · 25-003057-TT
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Page 1 of 3 STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION Mary Ann Lamkin and Steven Lamkin, MTT Docket No. 25-003057 Petitioners, v. Township of Hamburg, Respondent. Mary Ann Lamkin and Steve Lamkin ROSATI SCHULTZ JOPPICH Petitioners In Pro Per & AMTSBUECHLER P.O. Box 546 Stephanie Simon Morita (P53864) Lakeland, MI 48143 Matthew C. Wayne (P80542) (810) 231-3134 Attorneys for Respondent malamkin@chartermi.net 27555 Executive Dr., Ste. 250 Farmington Hills, MI 48331 (248) 489-4100 smorita@rsjalaw.com mwayne@rsjalaw.com Respondent’s Objections to Petitioners’ Motion to Set Aside Default NOW COMES Respondent, TOWNSHIP OF HAMBURG, through counsel, ROSATI SCHULTZ JOPPICH & AMTSBUECHLER, by MATTHEW C. WAYNE, who, for its Objections to Petitioners’ Motion to Set Aside Default, states as follows: 1. Petitioners commenced the instant action maliciously and without proper cause. 2. The instant matter is merely the latest attempt to relitigate issues and circumvent the inevitable.
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Page 2 of 3 3. On or about November 18, 2025, Petitioners filed their Motion to Set Aside Default, professing a lack of understanding as to the procedural requirements of filing (i.e., submission of incomplete Petition). 4. Petitioners failed, however, to serve Respondent in conformity with the court rules. 5. Specifically, Petitioners failed not only to serve Respondent's counsel of record but all other necessary parties. 6. TT Rule 211 states, in relevant part, that “[i]f a question concerning proper service is raised, the person or party claiming to have effectuated proper service bears the burden of proof.” 7. Respondent respectfully asks this Tribunal to sustain its Objections and deny Petitioner’s motion. Respectfully submitted: ROSATI SCHULTZ JOPPICH & AMTSBUECHLER /s/ Matthew C. Wayne Stephanie Simon Morita (P53864) Matthew C. Wayne (P80542) Attorneys for Respondent 27555 Executive Dr., Ste. 250 Farmington Hills, MI 48331 (248) 489-4100 smorita@rsjalaw.com mwayne@rsjalaw.com Dated: December 8, 2025
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Page 3 of 3 PROOF OF SERVICE The undersigned certified that a copy of the foregoing instrument was served upon all parties to the above cause at their respective addresses as directed on the pleadings by depositing the same in the United States Mail with postage fully prepaid thereon on December 8, 2025. /s/ Dawn Hallman Dawn Hallman