Post on 22-May-2018
transcript
Superior Court of New Jersey
Appellate Division
NEW CENTURY FINANCIAL SERVICES, INC., Plaintiff-Respondent, vs. AHLAM OUGHLA, Defendant-Appellant.
Civil Action
Docket No. A-006078-11T4
On appeal from: Judgment of the Law Division,
Special Civil Part, Hudson County Docket No. HUD-DC-004244-12
Sat below:
Honorable Martha T. Royster, J.S.C.
APPENDIX OF DEFENDANT-APPELLANT, AHLAM OUGHLA
Philip D. Stern & Associates, LLC 697 Valley Street, Suite 2d Maplewood, NJ 07040 (973) 379-7500 Attorneys for Defendant, Ahlam Oughla Philip D. Stern, on the brief
New Century Financial Services, Inc. vs. Ahlam Oughla, Docket No. A-006078-11T4 page i
APPELLANT’S APPENDIX
TABLE OF CONTENTS Following the order set forth in R. 2:6-1(a)
(A) In Civil matters, the pretrial order and pleadings: Complaint filed February 16, 2012 .......................................................... 1a Answer filed March 20, 2012 .................................................................. 2a
(B) In Criminal matters, the indictment, accusation or complaint ... Not Applicable
(C) Judgment or Order Sought to Be Reviewed Order Granting Summary Judgment filed May 25, 2012 ......................... 3a Order Denying Reconsideration filed July 27, 2012 ................................ 4a
(D) Trial Judge’s Opinions or Statement of Facts and Conclusions of Law ..... None
(E) Statement of Proceedings in lieu of record pursuant to R. 2:5-3(f) .......... None
(F) Notice of Appeal filed August 13, 2012 ........................................................ 5a Appellant’s Case Information Statement .................................................. 8a Orders Being Appealed .......................................................................... 14a Appellant’s Court Transcript Request .................................................... 15a
(G) Transcript Delivery Notification per R. 2:5-3(e) ......................................... 16a
(H) Unpublished Opinions (Contrary unpublished opinions are unknown to counsel.) Cavalry Portfolio Services, LLC v. Sharma, Docket No. A-2822-09T2 (N.J.
App. Div. March 4, 2011) ...................................................................... 17a Calvary Portfolio, LLC v. Kumbaris, Docket No. A2062-10T4 (N.J. App. Div.
December 7, 2011) ................................................................................ 24a
(I) Other parts of the record (see, R. 2:5-4(a)) essential to proper consideration of the issues: Defendant’s Discovery Requests ............................................................. 35a
New Century Financial Services, Inc. vs. Ahlam Oughla, Docket No. A-006078-11T4 page ii
Summary Judgment Motion
Statement in Accordance with R. 2:6-1(a) of All Items Submitted to the Trial Court on Motion for Summary Judgment ......................................................... 38a
Plaintiff’s Motion for Summary Judgment filed May 14, 2012 ........................ 40a Notice of Motion .................................................................................... 41a Statement of Material Facts ................................................................... 43a Certification in Support of Summary Judgment .......................... 44a Electronically Transmitted Information from Seller ......... 46a Interest Report .................................................................. 47a Exhibit A: Chain-of-Title Documents ........................................... 48a Assignment of Accounts and Bill of Sale .......................... 49a Declaration of Account Transfer ....................................... 50a Exhibit A Receivables File 11.17.08 ...................... 51a Transfer and Assignment .................................................. 52a Exhibit A Receivables File 11.30.11 ...................... 53a Exhibit 1 Bill of Sale and Assignment ............................... 54a Exhibit B: Copy of the last billing statement ............................... 55a Exhibit C: Defendant’s Answer .................................................... 57a Exhibit D: Defendant’s Responses to Plaintiff’s Interrogatories ... 58a Brief in Support of Motion .............................................................. omitted* Proof of Mailing ..................................................................................... 62a Proposed form of Order ......................................................................... 63a
Defendant’s Opposition to Summary Judgment filed May 24, 2012 Certification in Opposition to Motion .................................................... 64a Enclosures: Certification of Service ..................................................... 65a Statement of Material Facts .............................................. 66a
Exhibit A: Plaintiff’s Response to Defendant’s Discovery Requests ................................................ 67a
Brief in Opposition to Motion ......................................................... omitted* Proposed form of Order ......................................................................... 69a
* Item is listed for informational purposes. It is not included in this Appendix per R. 2:6-1(a)
because it is not “essential to the proper consideration of the issues” or is an excluded brief.
New Century Financial Services, Inc. vs. Ahlam Oughla, Docket No. A-006078-11T4 page iii
Additional Parts of the Record Substitution of Attorney filed June 14, 2012 ............................................ omitted*
Defendant’s Motion for Reconsideration filed June 14, 2012........................... 70a Notice of Motion .................................................................................... 71a Brief in Support of Motion .............................................................. omitted* Proposed form of Order .................................................................. omitted*
Plaintiff’s Objection to Reconsideration filed July 20, 2012 ............................ 73a Brief in Opposition to Motion ......................................................... omitted* Certification of Steven A. Lang, Esq. ...................................................... 74a Exhibit A: Defendant’s January 10, 2008 Credit Report ............. 75a Exhibit B: Defendant’s October 20, 2009 Credit Report .............. 79a Exhibit C: Unpublished opinion, Atlas Equity, Inc. v. Chase Bank USA, N.A., 403 Fed. Appx. 190 (9th Cir. 2010)............................ 83a Certification of Marko Galic .................................................................. 87a Exhibit A: Bill of Sale and Assignment and information provided by Sherman Acquisition, LLC at time of sale ............................... 90a Exhibit B: May 16, 2012 Affidavit of Jon C. Mazzoli .................. 97a Exhibit C: May 16, 2009 Affidavit of Jon C. Mazzoli .................. 99a Exhibit D: Statement for the last billing cycle ........................... 101a Proof of Mailing .............................................................................. omitted*
Defendant’s Reply in Support of Reconsideration Reply Brief filed July 9, 2012 ......................................................... omitted* Proof of Service ............................................................................... omitted*
Defendant’s Motion to Stay Execution Notice of Motion with Memorandum filed August 10, 2012 .......... omitted* Proposed form of Order .................................................................. omitted*
Plaintiff’s Letter Brief in Opposition filed August 20, 2012 ....................... omitted*
Order Staying Execution ................................................................................. 103a * Item is listed for informational purposes. It is not included in this Appendix per R. 2:6-1(a)
because it is not “essential to the proper consideration of the issues” or is an excluded brief.
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RECEIVED THURSDAY 2/16/20121 :04:35 PM 8890667
Pressler and Pressler, LLP 7 Entin Rd. Parsippany, NJ 07054-5020 1-973-753-5100 Attorney for Plaintiff File # 048924 NEW CENTURY FINANCIAL SERVICES, INC.
Plaintiff
vs.
AHLAM OUGHLA Defendant(s)
FILED Feb 16,2012
SUPERIOR COURT OF NEW JERSEY Law Division HUDSON Special Civil Part
Docket # DC-004244-12
Civil Action COMPLAINT
_____________________________________________ (Contract) Plaintiff having a principal place of business at: 110 SOUTH JEFFERSON ROAD SUITE 104 WHIPPANY, NJ 07981 says:
1. It is now the owner of the defendant(s) CREDIT ONE BANK, N.A. account number 4447962145828657 which is now in default. There is due the plaintiff from the defendant(s) AHLAM OUGHLA the sum of $723.82 plus interest from 12/02/2011 to 02/14/2012 in the amount of $0.73 for a total of $724.55.
WHEREFORE, plaintiff demands judgment for the sum of $724.55 plus accruing interest to the date of judgment plus costs.
I certify that the matter in controversy is not the subject of any other court action or arbitration proceeding, now pending or contemplated, and that no other parties should be joined in this action.
I certify that confidential personal identifiers have been redacted documents now submitted to the court, and will be redacted from documents submitted in the future in accordance with Rule 1:38-7(b)
PRESSLER and PRESSLER, LLP Attorneys for Plaintiff(s) By: S/Ralph Gulko
Ralph Gulko
from all
2a
FILED Mar 20,2012
New Centwy Financial Services
Plaintiff's Name Pressler & Pressler 7 Entin Road
Superior Court Of New Jersey Law Division, Special <;.iril Part Hudson L:J County
Docket No. DC-004244-12 Street Address
Pilrsippany, NJ, 07054 ... ·.·Town, State, Zip Code
(973) 753-5100
Telepbone Number
RECEIVED #26 MAR 20 2012
vs. SUPERIOR COURT OF N.J
FEE OFFICE . Ahlam Oughla
.' Defendant's Name '~l09 661b Street Apt 2
Street Address Wesl New York, NJ, 07093
Town, State, Zip Code (646) 657-9656
Telepbone Number
CIVIL ACTION COUNTY OF H!JDS0~J
Answer
Check the appropriate statement or statements below wbicb set forlb why you claim you do not owe money to the plaintiff.
o (I) The good or services were not received.
o (2) The goods or services received were defective.
o (3) The bill bas been paid.
o (4) lIWe did not order the goods or services.
o (5) Tbe dollar amount claimed by the plaintiff{ s) is incorrect.
• (6) Olber- Set forth any other reasons wbyyou believe money is not owed to the plaintiff{s). (You may attach more sheets if you need to.) Plaintiff provided no documentation to support Ibe charges alleged in Ibe complaint, Iberefore defendant dl~;·, .,..."
o Trial by jury requested; an extra $50 check or money order is enclosed.
At the trial Defendant requests:
An interpreter: o Ves • No Indicate Language: An accommodation for a disability: o Ves • No Requested accommodation: ~~::~;~~:::=::::::::;:;==-' I certify the matter in controversy is not the subject of any other court action or arbitration w pending or contemplated, and that no other parties should be joined in this action.
I certi/}' that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule I :38-7(b).
I furlher certify that this answer was served on all other parties within 35 days of the date the summons and
complaint were mailed to me as indicated on page 2 of thm- ; ",_-_-_-_-=
03117/2012 ~=~r;:}~~=-~====---------Dated Defe nt s Signature
Ahlam OUghla
Defendant's Name-T~NED #59
Revised 09/2009, CN 10542 (How to Answer a Complaint - Special Civil Part) MAR 2 S 2012
page 7 of7
SPECIAL CIVIL PART I II Ir'\~ ("J)IINTY
3a
048924 P&P File # 048924
TEAM A FEE: NO FEE ITEM
PRESSLER AND PRESSLER, L. L. P. F I LED COUNSELLORS AT LAW
I Entin Rd.
Parsippany. NJ 07054-5020
(973) 753-~100
May 25,2012
HON. MARTHA ROYSTER
Attorney for Plaintiff
NEW CENTURY FINANCIAL SERVICES, INC.
SUPERIOR COURT OF NEW JERSEY: Plaintiff
vs. AHLAM OUGHLA
Defendants
LAW DIVISION HUDSON Special Civil Part DOCKET NO. DC-004244-12
Civil Action
ORDER SUMMARY JUDGMENT
THIS MATTER having been opened to Pressler, LLP , Attorneys for Plaintiff Summary Judgment, and the Court having certification of the plaintiff,
the Court by Pressler by Notice of Motion considered the brief
IT IS on the 25th day of May
ORDERED THAT Summary Judgment be and hereby is favor of the Plaintiff and against the Defendant(s) AHLAM
2012
and for and
in
the sum of $725.40 plus costs.
'121-----· ' ---L-----fl----J.S.C
[Xl Opposed [ 1 Unopposed
Further ORDERED that a copy of this order shall be served on all parties within 7 days of the date herein.
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PHILIP D. STERN & ASSOCIATES, LLC ATTORNEYS AT LAW
697 Valley Street, Suite 2d Maplewood, NJ 07040 (973) 379-7500 Attorneys for Defendant, Ahlam Oughla
NEW CENTURY FINANCIAL SERVICES, INC., Plaintiff
vs.
AHLAM OUGHLA, Defendant.
F I LED
Jul27,2012
HON. MARTHA ROYSTER
SUPERIOR COURT OF NEW JERSEY LAW DIVISION
HUDSON COUNTY - SPECIAL CIVIL PART
Civil Action
Docket No. DC-4244-12
ORDER cB3P~wa DEFENDANT'S MOTION FOR RECONSIDERATION VACATING SUMMARY JUDGMENT
Defendant, Ahlam Oughla having moved for reconsideration of the Court's Order filed May 25, 2012 granting Plaintiff's motion for summary judgment and the Court having read and considered the papers submitted and any oral arguments of counsel, and the Court having concluded that there are no genuine issues of material fact and that judgment should be entered as a matter of law in favor of Defendant as Plaintiff failed to demonstrate the existence of admissible evidence to sustain its burden of persuasion as to each element of its claim, and for the reasons set forth on the record and for good cause shown;
IT IS ON THIS 27 DAY OF July
1. The Motion isDRAHnlcl)ENIED
, 2012; ORDERED AND ADJUDGED:
2. The Order filed May 25, 2012 granting Plaintiff's Motion for Summary Judgment is vacated and the matter shall be noticed by the Clerk for trial.
3. A true copy of this Order shall be served on all counsel within seven days.
Opposed: lLYes _No Hearing Date: Appearing for: Plaintiff: Defendant:
HONORABLE MARTHA ROYSTER, J.S.C.
Reasons set forth on the record.
Page 1 of 1
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PHILIP D. STERN & ASSOCIATES, LLC ATTORNEYS AT LAW
PHILIP D. STERN NJ & DC Bars
pstem@philipstem.com
Superior Court of New Jersey Appellate Division Clerk's Office Richard J Hughes Justice Complex PO Box 006, 25 W Market Street, 5N Trenton, NJ 08625-0006
697 VALLEY STREET, SUITE 2D MAPLEWOOD, NJ 07040-2642
(973) 379-7500 www.philipstemcom
August 10, 2012
Re: New Century Financial Services, Inc. vs. Ahlam Oughla Docket No. HUD-DC-4244-12
Dear Madam/Sir,
I enclose for filing:
1. 2. 3. 4.
Notice of Appeal; Civil Case Information Statement; Transcript Request Form; Orders Being Appealed.
fR~~~Uiif~ii5J tM® AUG 13 2012
SUPERIOR COURT OF CO FEE OFFICE N.J.
UNry OF HUDSON
Please charge our Attorney Collateral Account No. 142665 for any filing fees.
Very truly yours, s/Philip D. Stem Philip D. Stern enclosures via Appellate Division E-Filing cc: 1. Honorable Martha T. Royster, J.S.C.
Administration Building Chambers 806 595 Newark Avenue Jersey City, NJ 07306
2. Superior Court of NJ
Page 1
Special Civil Case Management Office 595 Newark Ave., Room 711 Jersey City, NJ 07306
3. Steven A. Lang, Esq. Pressler & Pressler, LLP 7 Entin Road Parsippany, NJ 07054-5020
• __ ---'" •. ..0
•
6a
~ New Jersey Judiciary ~~ ~'"
! t( DDDI)} Superior Court - Appellate Division " 000 \<.~ ;: DOD ~
~'~ NOTICE OF APPEAL 7~~
Type or clearly print all information. Attach additional sheets if necessary ATIORNEY I LAW FIRM I PRO SE LITIGANT (2) ---_ .. _--_ .. _--------------, .... - ... _-. ., .. '--- .,--_._--."."'---
TITLE IN FULL (AS CAPTIONED BELOW) (1) NAME
New Century Financial Services, LLC. Philip 0_ Stem, Philip O. Stem and Associates, LLC _.---_._----_._-_ .. _-_._-_._--.. --.. _--_ .. - --STREET ADDRESS
v. 697 Valley Street, Suite 20
CITY I STATE I ZIP I PHONE NUMBER Ahlam Oughla Maplewood NJ 07040 (973) 379-7500
EMAIL ADDRESS
PSTERN@PHlLIPSTERN.COM - ._---,-----,._-
ON APPEAL FROM
TRIAL COURT JUDGE (3) I TRIAL COURT OR STATE AGENCY (4) I TRIAL COURT OR AGENCY NUMBER (5)
Hon_ Martha T. Royster, J.S.c. , Hudson County, Special Civil Part HUD-OCA244-12 , Notice is hereby given that (6) Ahlam Oughla appeals to the Appellate
(7 ) Division from a o Judgment or • Order entered on May 25. 2012 and July 27. 2012 in the I!I Civil
o Criminal or o Family Part of the Superior Court or from a o State Agency decision entered on
(8 ) If not appealing the entire judgment, order or agency decision, specify what parts or paragraphs are
being appealed.
(9 ) Have all issues, as to all parties in this action, before the trial court or agency been disposed of? (In
consolidated actions, all issues as to all parties in all actions must have been disposed of.) II Yes ONo
If not, has the order been properly certified as final pursuant to R. 4:42-2? o Yes o No
For criminal, quasi-criminal and juvenile actions only: N/A
(10A ) Give a concise statement of the offense and the judgment including date entered and any sentence
or disposition imposed:
(108 ) This appeal is from a o conviction o post judgment motion o post-conviction relief.
If post-conviction relief, is it the o 1st o 2nd 0 other specify
(10C ) Is defendant incarcerated? 0 Yes o No
Was bail granted or the sentence or disposition stayed? o Yes o No
(100 ) If in custody, name the place of confinement:
Defendant was represented below by:
o Public Defender o self 0 private counsel spedty
Revlaad eneCl,va SiOll2008 Page 1 012
7a
(11) Notice of appeal and attached case information statement have been served where applicable on the
following:
Trial Court Judge
Trial Court Division Manager
Tax Court Administrator
State Agency
Attorney General or Attorney for other Governmental body pursuant to R. 2:5-1(a), (e) or (h)
Other parties in this action:
Name
Honorable Martha T. Royster, J-S.c.
Hudson County, Special Civil Part
Name and Designation Attorney Name, Address and Telephone No,
Date of Service
August 10, 2012
August 10,2012
New Century Financial Services. Prcssler& Pressler, LLP, 7 Entin Road, Parsippany, NJ 07054 Date of Service August 10,2012
Inc. - PlaintifflRespondent (973) 753-5100
I----~-~ .. -----~-------.-~-.---- -----------------(12) Attached transcript request form has been served where applicable on the following:
Name
Trial Court Transcript Office Hudson County Special Civil Part
Court Reporter (if applicable) KLJ Transcription Services, LLC
Supervisor of Court Reporters Steve Koskinen
Clerk of the Tax Court
State Agency
(13) Exempt from submitting the transcript request form due to the following:
D No verbatim record.
Date of Service
August 9, 2012
August I 0,20 12
August 9, 2012
Amount of Deposit
S350.00
D Transcript in possession of attorney or pro se litigant (four copies of the transcript must be submitted along with an electronic copy). List the date(s) of the trial or hearing:
D Motion for abbreviation of transcript filed with the court or agency below. Attach copy.
D Motion for free transcript filed with the court below. Attach copy.
I certify that the foregoing statements are true to the best of my knowledge, information and belief.
I also certify that, unless exempt, the filing fee required by N.J.SA 22A:2 has been paid.
(14)..August 10.2012 __ . __ _ (15Ls!!,H1LI.~_J).C§TE~!'I. .... ___ . ___ ._. _____________ _ DATE SIGNATURE OF ATTORNEY OR PRO SE LITIGANT
Page 2 01 2
8a
."""'"
til New Jersey Judiciary r 000 ~~ Superior Court - Appellate Division ~ gg~ ~
~ ~ ~"'.\.~ CIVIL CASE INFORMATION STATEMENT """'"
Please type or clearly print an information.
TITLE IN FULL (1) TRIAL COURT OR AGENCY DOCKET NUMBER (2)
New Centu!), Financial Services, Inc .. Plaintiff Superior Court of New Jersey v. Law Division - Special Civil Part Ahlam Oughla, Defendant. Hudson County
Docket No. HUD-DC-4244-12
• Attach additional sheets as necessary for any infannatian below •
(3 ) APPELLANT'S ATTORNEY EMAIL ADDRESS: pstern@philipstern.com
o PLAINTIFF I!!I DEFENDANT o OTHER (SPECIFY)
NAME
I CLIENT
Philip D. Stern Ahlam Oughla
STREET ADDRESS I CITY I STATE I ZIP I TELEPHONE NUMBER 697 Valley Street, Suite 2D Maplewood NJ 07040 (973) 379-7500
(4 ) RESPONDENT'S ATTQRNEY * EMAIL ADDRESS: slang@prcssler-pressler.com NAME I CLIENT Steven A. Lang, Esq., Pressler & Pressler, LLP New Century Financial Services, Inc.
STREET ADDRESS I CITY I STATE II ZIP I TELEPHONE NUMBER 7 Entin Road Parsippany NJ 07054 (973)753-5100
* Indicate which parties, if any, did not participate below or were no longer parties to the action at the time of entry of the judgment or decision being appealed.
(5 ) GIVE DATE AND SUMMARY OF JUDGMENT. ORDER. OR DECISION BEING APPEALED AND ATIACH A COPY:
May 25, 2012 and July 27, 2012. On May 25, 2012, the Han. Martha T. Royster granted Plaintiffs Motion for Summary Judgment. On July 27, 2012, Judge Royster denied Defendant's Motion for Reconsideration.
) Are there any claims against any party below, either in this or a consolidated action, which have not been disposed 0 YES • NO of, including counterclaims. cross-claims, third-party claims and applications for counsel fees?
(6
If so, has the order been proper1y certified as final pursuant to B.. 4:42-2? (If not, leave to a!1peal must be sought. .8.. 2:2-4.2:5-6) 0 YES 0 NO
(If the order has been certified, attach, together with a copy of the order, a copy of the complaint or any other relevant pleadings and a brief explanation as to why the order qualified for certification pursuant to B.. 4:42-2.)
Were any claims dismissed without prejudice? DYES iii NO
If so. explain and indicate any agreement between the parties concerning future disposition of those claims.
(7 ) Is the validity of a statute. regulation. executive order. franchise or constitutional provision of this State being questioned? DYES • NO (E.2:5-1{h))
(8 ) GIVE A BRIEF STATEMENT OF THE FACTS AND PROCEDURAL HISTORY:
See attached Rider.
Revised: 0110312011 CN: 10500 A I"", Ilate Civil CIS .,m
9a
(9)
(10 )
(11
(12
(13
(14
(15
(16
)
)
)
)
)
)
TO THE EXTENT POSSIBLE, LIST THE PROPOSED ISSUES TO BE RAISED ON THE APPEAL AS THEY WILL BE DESCRIBED IN APPROPRIATE POINT HEADINGS PURSUANT TO 8. 2:6-2(a)(5). (Appellant or cross-appellant only.):
Sec attachcd Rider.
IF YOU ARE APPEALING FROM A JUDGMENT ENTERED BY A TRIAL JUDGE SIDING WITHOUT A JURY OR FROM AN ORDER OF THE TRIAL COURT, COMPLETE THE FOLLOWING:
1. Did the trial judge issue oral findings or an opinion? If so, on what date? 1uly27.2012 II YES D NO
2. Did the trial judge issue written findings or an opinion? If S0, on what date? DYES II NO
3. Will the trial judge be filing a statement or an opinion pursuant to B. 2:5-1 (b)? DYES • NO
Caution: Before you indicate that there was neither findings nor an opinion, you should inquire of the trial judge to determine whether findings or an opinion was placed on the record out of counsel's presence or whether the judge will be filing a statement or opinion pursuant to It. 2:5-1(b).
DATE OF YOUR INQUIRY: 8/1 /2Q 12
1. IS THERE ANY APPEAL NOW PENDING OR ABOUT TO BE BROUGHT BEFORE THIS COURT WIHICH:
(AI Arises from substantially the same case or controversy as this appeal? DYES II NO
(B) Involves an issue that is substantially the same, similar or related to an issue in this appeal? DYES D NO
2. WAS THERE ANY PRIOR APPEAL INVOLVING THIS CASE OR CONTROVERSY? DYES II NO
IF THE ANSWER TO EITHER 1 OR 2 ABOVE IS YES, STATE:
Case Name: Appellate Division Docket Number:
Civil appeals are screened for submission to the Civil Appeals Settlement Program (CASP) to determine their potential for settlement or, in the alternative, a simplification of the issues and any other matters that may aid in the disposition or handling of the appeal. Please consider these when responding to the following question. A negative response will not necessarily rule out the scheduling of a preargument conference.
State whether you think this case may benefit from a CASP conference. DYES • NO
Explain your answer:
Defendant's legal fees and costs already well exceed the amount in controversy and she has no intention of settl ing.
I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b).
(17) Ahlam Oughla (18) Philip D. Stern.Philip D. Stern & Associates,LLC
Name of Appellant or Respondent Name of Counsel of Record (01 your name if not represented by counsel)
(19) August 10.2012 (20) s/PHILIP D. STERN Date Signature of Counsel of Record
(Oi your signature if not represented by counsel)
,~, ... : 0110312011 .,. , C;v . CN. 500 (ppeHate (I CISI page 2 012
10a
New Century Financial Services, Inc. v. Ahlam Oughla
DEFENDANT-APPELLANT'S CASE INFORMATION STATEMENT
RIDER
Statement of Facts and Procedural History
New Century Financial Services, Inc ("Plaintiff') filed the Complaint against Ahlam Oughla ("Defendant") on February 16, 2012 alleging:
It is now the owner of defendant(s) CREDIT ONE BANK, N.A. account number 4447692145828657 which is now in default. There is due the plaintiff from defendant(s) AHLAM OUGHLA the sum of $723.82 plus interest from 12/02/2011 to 02/14/2012 in the amount of $0.73 for a total of $724.55.
The clerk served the Summons and Complaint and Summons on Defendant by mail on February 21, 2012.
Defendant's pro se answer was filed on March 20, 2012 denying the allegations. A non-jury trial was scheduled for June 22, 2012.
On May 14, 2012, Plaintiff filed a Motion for Summary Judgment. The motion record consisted of only:
1. A certification from Plaintiffs business development manager;
2. A document described as "Electronically Transmitted Information From Seller";
3. An "Interest Report";
4. Four documents which Plaintiff collectively described as "the chain-of-title relevant to Credit One Bank, N .A. account number 4447 9621 4582 8657" which showed transfers of accounts from MHC Receivables, LLC to Sherman Originator, LLC, from Sherman Originator to LVNV Funding, LLC, from LVNV Funding to Sherman Acquisition, LLC, and
Page 1 of 4
11a
from Shennan Acquisition to Plaintiff. None of the documents identified Credit One Bank's transfer of anything nor did they identify account number 4447692145828657.
5. A copy of what Plaintiff described as "the last billing statement for the subject Credit One Bank, N.A. account" although there was no submission by any competent witness authenticating the document or laying the foundation for its admission as an exception to the hearsay exclusionary rule.
Defendant filed her pro se objection on May 24, 2012.
There was no oral argument and, on May 25, 2012, the Honorable Martha T. Royster, J.S.c. granted Plaintiffs Motion for Summary Judgment on the papers. No reasons were placed on the record or in writing.
On June 14, 2012, Defendant, now represented by counsel, filed a Motion for Reconsideration. Plaintiff filed opposition on July 2, 2012 induding the following after-the-fact attempt to supplement the evidential record:
1. A certification from Plaintiffs counsel attaching two copies of Defendant's credit report, and
2. A new certification from Plaintiffs business development manager attaching two third-party affidavits and third-party infonnation regarding Defendant and the alleged account.
Defendant filed a reply brief on July 9, 2012 arguing, among other things, that it was improper to supplement the evidential record and that the supplemental materials, if considered, were still insufficient for summary judgment.
On July 27, 2012, counsel appeared before Judge Royster and, after oral argument, Her Honor denied Defendant's Motion for Reconsideration.
The instant appeal follows.
Simultaneous with the filing of the Notice of Appeal, Defendant has moved for a stay pending appeal by depositing the amount of the judgment with the court.
Page 2 of 4
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Proposed Issues on Appeal
NOTE: After the transcript is received and reviewed, Defendant-Appellant may modify, abandon or add to the following issues.
1. Whether the summary judgment standard requires that, when the party who bears the burden of persuasion at trial moves for summary judgment, the motion court exclude from consideration the submitted materials which are incompetent or inadmissible.
2. Whether the summary judgment standard requires that, when the party who bears the burden of persuasion at trial moves for summary judgment, the motion court infer all reasonable factual inferences favorable to the non-moving party.
3. Whether the competent and admissible evidential record, when viewed with reasonable inferences favorable to Defendant, required the conclusion that there were questions of fact as to at least one of the essential elements necessary to prove Plaintiff's claim.
4. Whether, in the case of a debt buyer's suit to collect on a delinquent credit card account where the debt buyer moves for summary judgment, the debt buyer must submit competent and admissible evidence that each assignment from the original creditor to the debt buyer was valid.
5. Whether Plaintiff, who alleged it is the owner by assignment of Defendant's delinquent credit card account and moved for summary judgment, should have been denied summary judgment when it failed to submit competent and admissible evidence that each assignment from the original creditor to the debt buyer was valid.
6. Whether Plaintiff, who alleged it is the owner by assignment of Defendant's delinquent credit card account and moved for summary judgment, should have been denied summary judgment when it failed to submit any materials showing that the original creditor assigned the account.
7. Whether, in the case of a debt buyer's suit to collect on a delinquent credit card account where the debt buyer moves for summary judgment, the debt buyer must submit competent and admissible
Page 3 of 4
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evidence addressing each element of the cause of action which the original creditor assigned to the debt buyer.
8. Whether Plaintiff, who alleged it is the owner by assignment of Defendant's delinquent credit card account and moved for summary judgment, should have been denied summary judgment when it failed to submit competent and admissible evidence as to each element of the cause of action which Plaintiff alleges to have acquired from the original creditor.
9. Whether the motion court erred in concluding that the party opposing a summary judgment motion must submit evidence to dispute the movant's claims when the movant who bears the burden of persuasion at trial fails to submit competent and admissible evidence sufficient to establish each essential element of its claim.
10. Whether L VNV Funding, L.L.G. v. Colvell, 421 N.J. Super. 1 CAppo Div. 2011) supports the proposition that a debt buyer who merely meets the less stringent requirements for the entry of default judgment by the clerk under R. 6:6-3Ca) has not satisfied the summary judgment standard.
11. Whether there exists a "bona fide dispute between the parties as to a relevant fact" within the meaning of Evid.R. 101(a)C 4), when an allegation is denied pursuant to R. 4:5-3 because the pleader is "without knowledge or information sufficient to form a belief as to the truth of an allegation," such that the fact must be proved by competent and admissible evidence.
12. Whether, on a motion to reconsider the granting of a summary judgment motion filed by the party who bears the burden of persuasion at trial, that party is prohibited from submitting evidential materials which it failed to submit with the original summary judgment motion.
13. Whether, on a motion to reconsider the granting of a summary judgment motion filed by the party who bears the burden of persuasion at trial, the motion court should exclude from consideration evidential materials which that party failed to submit with the original summary judgment motion.
Page 4 of 4
SUBSTITUTION PAGE
The May 25, 2012 Order Granting Summary Judgment and the July 27, 2012 Order Denying Reconsideration, which were attached here to Defendant’s Civil Case Information Statement, appear at Da3 and Da4, respectively.
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NEW CENTURY FINANCIAL SERVICES, INC. VS AHLAM OUGHLA APPELLATE COURT DOCKET NUMBER: A -006078-11-T4 -. LOWER COURT DOCKET NUMBER: DC-4244·12
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46 08/21/2012
REJECTION REASON
Pa e 1
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2822-09T2 CAVALRY PORTFOLIO SERVICES, LLC as assignee of CAVALRY INVESTMENTS, LLC, as assignee of CHASE BANK USA, N.A., as assignee of WASHINGTON MUTUAL BANK, Plaintiff-Respondent, v. U. SHARMA a/k/a UDI SHARMA, Defendant-Appellant. ____________________________________________________
Submitted February 15, 2011 - Decided Before Judges Espinosa and Skillman. On appeal from Superior Court of New Jersey, Law Division, Special Civil Part, Mercer County, Docket No. DC-005672-09. U. Sharma, appellant pro se. Respondent has not filed a brief.
PER CURIAM
Plaintiff filed this collection action against defendant
for recovery of the outstanding balance on a credit card account
that defendant allegedly had with Washington Mutual Bank.
Plaintiff's complaint alleged that with respect to this account,
March 4, 2011
17a
A-2822-09T2 2
it is "the assignee of CAVALRY INVESTMENTS, LLC, as assignee of
CHASE BANK USA, N.A., as assignee of WASHINGTON MUTUAL BANK."
The complaint claimed that the principal amount due on the
account was $11,585.67 and that plaintiff also owed $1,887.87 in
interest and $1,208.57 in attorney fees, for a total of
$14,682.11.
Defendant filed an answer denying the allegations of the
complaint and asserting various affirmative defenses.
On September 18, 2009, defendant filed a motion to dismiss
the complaint based on plaintiff's failure to answer
interrogatories and requests for production of documents.
Plaintiff subsequently filed answers to interrogatories. It is
unclear from the record before us whether plaintiff responded to
defendant's request for the production of documents.
On October 5, 2009, the trial court entered an order
denying defendant's motion to dismiss based on plaintiff's
failure to provide discovery.
On October 16, 2009, defendant filed a second motion to
dismiss, which was based on plaintiff's alleged failure to
comply with the registration requirements of N.J.S.A. 42:2B-
53(a). Plaintiff filed opposition, and on October 28, 2009, the
trial court entered an order denying the motion.
18a
A-2822-09T2 3
On December 15, 2009, plaintiff filed a motion for summary
judgment. On December 24, 2009, defendant filed opposition to
the motion. The papers submitted in support of and in
opposition to the motion are discussed later in this opinion.
There was no oral argument on the motion.
On January 6, 2010, the trial court entered summary
judgment in plaintiff's favor in the amount of $15,000. This
judgment was not accompanied by any opinion.
Defendant has appealed from the judgment. Plaintiff has
failed to file an answering brief.1 Consequently, our
understanding of the case is based solely on plaintiff's pro se
brief and appendix.
In support of its motion for summary judgment, plaintiff
relied upon a certification by Matteo Velardo, who identified
himself as "Assistant Vice President of plaintiff" who "serve[s]
as keeper of the books and records of Cavalry, which are kept in
the ordinary course of business, with the entries in them having
been made at or near the time of the occurrence." Velardo's
certification asserted that he had
reviewed the books and records of Cavalry with respect to the indebtedness of U.
1 Based on plaintiff's failure to file a timely brief, we entered an order on October 22, 2010, providing that no brief on its behalf would be accepted for filing.
19a
A-2822-09T2 4
SHARMA A/K/A UDI SHARMA, Debtor(s), (Account No.: 13398878), which reflects that as of September 30, 2008, there was an outstanding balance due of $11,585.67, with interest accruing at the rate of 24.99% since September 30, 2008 pursuant to the Terms and Conditions applicable to said account.
However, Velardo also stated that "the above-referenced account,
which originated with Washington Mutual Bank, was, on November
26, 2008, sold, transferred and conveyed to Cavalry." Thus, it
appears that the entire balance of defendant's purported credit
account accrued before its transfer to plaintiff on November 26,
2008. Moreover, although Velardo's certification states that he
"reviewed the books and records of Cavalry with respect to the
indebtedness of [defendant]," it did not set forth the contents
of those books and records. Thus, there is no way of knowing
whether those books and records included an application by
defendant for a credit card or, assuming Washington Mutual
issued a credit card to defendant, statements of defendant's
activities under the account that would show charges and
payments.
Plaintiff also relied upon an affidavit by Kristina D.
Pagni, who identified herself as plaintiff's "Legal
Administrator." Pagni's affidavit states:
In the normal course of business, Cavalry Portfolio Services, LLC as assignee of Cavalry Investments, LLC maintains computerized account records for
20a
A-2822-09T2 5
accountholders who have delinquent credit accounts. Cavalry Portfolio Services, LLC as assignee of Cavalry Investments, LLC maintains such records in the ordinary and routine course of business and is charged with the duty to accurately record any business act, condition or event onto the computer record maintained for the accounts, with the entries made at or very near the time of any such occurrence. I have reviewed the applicable computer record as it relates to the above accountholder's credit account, and I make this declaration based upon information from that review, and if called as a witness, I could testify to the following based on that review.
However, Pagni's affidavit contains no indication of the
contents of plaintiff's "computerized account records for
accountholders," in particular whether those records reflect
charges and payments on the alleged account before its alleged
acquisition by plaintiff on November 26, 2008.
Plaintiff also apparently attached certain purported credit
card statements to the brief in support of its motion for
summary judgment. However, there is no indication those
statements were properly authenticated. Furthermore, the
statements appear incomplete.
To be entitled to summary judgment, a party must establish
by competent evidence that it is entitled to the relief sought.
See Claypotch v. Heller, Inc., 360 N.J. Super. 472, 488-89 (App.
Div. 2003). Consequently, a purported assignee of a credit card
account must show by competent evidence the existence of the
21a
A-2822-09T2 6
account, the charges and payments under the account that
resulted in the account balance claimed by the assignee, and a
valid assignment. The Velardo certification and Pagni affidavit
clearly did not provide such evidence.
Furthermore, defendant filed an affidavit in opposition to
plaintiff's motion for summary judgment that disputed Velardo's
and Pagni's allegations and claimed that he did not owe the
amount sought by plaintiff's complaint. That affidavit stated
in part:
5. Cavalry Portfolio Services LLC never extended credit to me.
6. Cavalry Portfolio Services LLC never
sent me any monthly statements. . . . . 8. I believe some of the charges in the
credit card statements provided to me in discovery are not my charges. . . .
9. Plaintiff has not provided any signed
credit card application, request for credit or credit card account contract.
10. I have never had a credit card account
numbered 13398878, as contended by Plaintiff . . . .
11. . . . When I called Plaintiff to
procure data for my Affidavit of Diligent Inquiry, which was attached to my complaint, Plaintiff declared that Plaintiff is just a collection firm, and that Plaintiff does not buy debts.
. . . .
22a
A-2822-09T2 7
15. . . . Plaintiff has not provided any
documents that show my account(s) has/have been assigned to Plaintiff or the consideration paid for any alleged assignment.
In sum, plaintiff's moving papers did not show by competent
evidence that it was entitled to the relief sought by its
complaint and defendant's affidavit disputed his liability for
the amount claimed by plaintiff. Therefore, the summary
judgment granted to plaintiff must be reversed.
We also note that Rule 4:46-2(c) requires a court that
grants a motion for summary judgment to "find the facts and
state its conclusions in accordance with R. 1:7-4." The trial
court failed to discharge this obligation.
Finally, on remand, the trial court should assure that
defendant has been afforded the opportunity to obtain the full
discovery permitted under the applicable court rules.
Accordingly, we reverse the summary judgment in plaintiff's
favor and remand for further proceedings in conformity with this
opinion.
23a
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2062-10T4 CAVALRY PORTFOLIO SERVICES, LLC, as assignee of CAVALRY SPV I, LLC, as assignee of RIVERWALK HOLDINGS, LTD, as assignee of WASHINGTON MUTUAL BANK, Plaintiff-Appellant, v. HARRY J. KUMBARIS, Defendant-Respondent. ______________________________________________________
Submitted October 12, 2011 - Decided Before Judges Messano and Yannotti. On appeal from the Superior Court of New Jersey, Law Division, Special Civil Part, Essex County, Docket No. DC-23345-10. Choi Law Offices, PLLC, attorneys for appellant (Shayan Farooqi, of counsel and on the brief). Needleman and Pisano, attorneys for respondent (Frank Pisano, III, on the brief).
PER CURIAM
Plaintiff, Cavalry Portfolio Services, LLC, appeals from
judgment entered in favor of defendant, Harry J. Kumburis,
December 7, 2011
24a
A-2062-10T4 2
dismissing plaintiff's complaint following a trial in the Law
Division, Special Civil Part. We have considered the arguments
raised in light of the record and applicable legal standards.
We reverse and remand for a new trial.
On August 2, 2010, plaintiff filed a complaint alleging it
was the ultimate assignee of a consumer credit contract between
defendant and Washington Mutual Savings Bank (WaMu), and that
defendant was in breach of that contract. The complaint alleged
defendant owed $14,671.10, plus additional interest.1 On
September 13, defendant filed his answer, denying the alleged
debt, claiming "[t]he goods or services were not received" and
that he "never made charges" to the account. Trial was held on
December 2.
Before any testimony, the judge inquired whether
plaintiff's witness, Cynthia Sharpe, "ha[d] personal knowledge
of the business records of the underlying creditor," i.e., WaMu.
Plaintiff's counsel responded that Sharpe did, citing "monthly
statements . . . that were furnished by [WaMu]." Defendant
objected noting he was disputing only "$7,000 of the [debt]."
1 Plaintiff's complaint included four additional counts seeking recovery under other causes of action. These are not relevant to our decision.
25a
A-2062-10T4 3
The colloquy between plaintiff's counsel and the judge
continued regarding the admission of monthly credit card
statements in defendant's name:
Judge: All right. And the existence of the underlying debt would be reflected in the business records of [WaMu]? Counsel: Yes . . . . Judge: All right. And Ms. Sharpe . . . is not an employee of [WaMu]? Counsel: [WaMu] doesn't exist anymore . . . . Judge: Well, Ms. Sharpe is not an employee of [WaMu], so how could she be the proper custodian of records for those bank records, and support the admission of the bank records under the hearsay 803 series? . . . . [T]he fact is that Ms. Sharpe is not a business custodian of [WaMu], and, therefore, she's not properly qualified to authenticate the underlying business records. The underlying business records are not authenticated, they [sic] cannot rely upon them as a hearsay exception to establish the underlying debt.
Plaintiff's counsel stated his intention to "proceed without
admitting the statements into evidence," and "leave it to the
defendant to introduce them into evidence." The judge
responded, "He doesn't have to testify." Defendant moved for
dismissal, but the judge denied the request as premature. We
discern from an unrecorded recess reflected in the transcript
26a
A-2062-10T4 4
that the parties were directed to a mediator, but the effort was
unsuccessful.
Sharpe was sworn and testified that she was plaintiff's
"custodian of records, and a legal adjuster." She explained
that plaintiff "purchases debt," and her job was to "maintain
records as they're generated throughout the course of business"
and "travel with the attorneys to represent [plaintiff] as a
witness."
Sharpe identified "an affidavit claim," "the assignments,"
and "the bill of sale" used "whenever we purchase a . . .
portfolio debt." These documents were kept in the ordinary
course of plaintiff's business. The judge then inquired whether
Sharpe "ha[d] . . . personal knowledge of whether [defendant]
ever signed a credit card or ever took out a credit card . . .
from [WaMu]." Sharpe acknowledged plaintiff "d[id] not have the
signature on an application." The judge continued by asking if
the documents Sharpe identified were "document[s] from [WaMu]."
Sharpe acknowledge they were not.
When Sharpe was questioned regarding the monthly
statements, the judge interjected:
You['re] relying upon records of [WaMu], this lady is not a custodian of records for [WaMu], so how are you going to establish the underlying debt? I assume that you can . . . show . . . an assignment from [WaMu] to Bank B to your . . . company . . . .
27a
A-2062-10T4 5
[H]ow do you show the underlying debt with this witness?
Plaintiff's counsel claimed the "business exceptions rule"
permitted admission of the monthly statements. The judge
disagreed, noting, "if you don't have the custodian of records
for the underlying creditor, . . . how can you prove your case?"
After inquiring whether plaintiff intended to produce any other
witnesses, the judge asked defendant if he "ha[d] an application
for dismissal?" The judge granted defendant's motion,
concluding that Sharpe "ha[d] no personal knowledge of any of
the business records of [WaMu]," was "not in a position to
testify as to the contents of those records," and "there [wa]s
no evidence . . . to establish that . . . defendant owe[d] a
debt to [WaMu]." He entered an order of judgment in defendant's
favor because "plaintiff [was] unable to prove [the] underlying
debt." This appeal followed.
Plaintiff's essential argument is that the trial judge
erred in refusing to admit the monthly credit card statements as
business records, excepted from the hearsay rule by N.J.R.E.
803(c)(6). In this regard, plaintiff contends that absent some
showing by defendant that the records were not trustworthy, the
statements were admissible.
"In reviewing a trial court's evidential ruling, an
appellate court is limited to examining the decision for abuse
28a
A-2062-10T4 6
of discretion." Hisenaj v. Kuehner, 194 N.J. 6, 12 (2008). We
accord "substantial deference to a trial court's evidentiary
rulings." Benevenga v. Digregorio, 325 N.J. Super. 27, 32 (App.
Div. 1999) (quoting State v. Morton, 155 N.J. 383, 453 (1998)
cert. denied, 532 U.S. 931, 121 S. Ct. 1380, L. Ed. 2d 306
(2001)) (internal quotation marks omitted), certif. denied, 163
N.J. 79 (2000). "[I]n making relevance and admissibility
determinations," the trial judge's exercise of his "broad
discretion" "will not [be] disturb[ed], absent a manifest denial
of justice." Lancos v. Silverman, 400 N.J. Super. 258, 275
(App. Div.), certif. denied sub nom., Lydon v. Silverman, 196
N.J. 466 (2008). However, we accord no such discretion to a
ruling that is "inconsistent with applicable law." Pressler &
Verniero, Current N.J. Court Rules, comment 4.6 on R. 2:10-2
(2012). "When the trial court fails to apply the proper test in
analyzing the admissibility of proffered evidence," our review
is de novo. Ibid.
N.J.R.E. 803(c)(6) excepts from the hearsay rule
A statement contained in a writing or other record of acts, events, conditions, and, subject to Rule 808, opinions or diagnoses, made at or near the time of observation by a person with actual knowledge or from information supplied by such a person, if the writing or other record was made in the regular course of business and it was the regular practice of that business to make it, unless the sources of information or the
29a
A-2062-10T4 7
method, purpose or circumstances of preparation indicate that it is not trustworthy.
"The purpose of the business records exception is to 'broaden
the area of admissibility of relevant evidence where there is
necessity and sufficient guarantee of trustworthiness.'" Liptak
v. Rite Aid, Inc., 289 N.J. Super. 199, 219 (App. Div. 1996)
(quoting State v. Hudes, 128 N.J. Super. 589, 599 (Cty. Ct.
1974)).
In order to qualify under the business record exception to the hearsay rule, the proponent must satisfy three conditions: "First, the writing must be made in the regular course of business. Second, it must be prepared within a short time of the act, condition or event being described. Finally, the source of the information and the method and circumstances of the preparation of the writing must justify allowing it into evidence." [State v. Sweet, 195 N.J. 357, 370 (2008) (quoting State v. Matulewicz, 101 N.J. 27, 29 (1985)), cert. denied, __ U.S. __, 129 S. Ct. 2858, 174 L. Ed. 601 (2009).]
However, the foundation witness need not "have personal
knowledge of the facts contained in the record." Hahnemann
Univ. Hosp. v. Dudnick, 292 N.J. Super. 11, 17-18 (App. Div.
1996). In Hahnemann, we noted that N.J.R.E. 803(c)(6) follows
its federal counterpart, Fed. R. Evid. 803(6), such that
documents may properly be admitted "as business records even though they are the records of a business entity other than one
30a
A-2062-10T4 8
of the parties, and even though the foundation for their receipt is laid by a witness who is not an employee of the entity that owns and prepared them." [Id. at 17 (emphasis added) (quoting Saks Int'l, Inc. v. M/V "Export Champion", 817 F.2d 1011, 1013 (2d Cir. 1987) (citation omitted)).]
Thus,
A witness is competent to lay the foundation for systematically prepared computer records if the witness (1) can demonstrate that the computer record is what the proponent claims and (2) is sufficiently familiar with the record system used and (3) can establish that it was the regular practice of that business to make the record. If a party offers a computer printout into evidence after satisfying the foregoing requirements, the record is admissible "unless the sources of information or the method, purpose or circumstances of preparation indicate that it is not trustworthy." [Id. at 18 (citation omitted) (quoting N.J.R.E. 803(c)(6)).]
See also Garden State Bank v. Graef, 341 N.J. Super. 241, 245
(App. Div. 2001) (permitting employee of successor bank to
certify as to the loan history printouts reflecting transactions
with predecessor bank because his position "render[ed] him
'sufficiently familiar with the record system used' . . .
enabl[ing] him to 'establish that it was the regular practice of
[the successor bank] to make the record'") (quoting Hahnemann,
supra, 292 N.J. Super. at 18).
31a
A-2062-10T4 9
Based upon the above, it was error for the trial judge to
conclude that because Sharpe "[wa]s not a business custodian of
[WaMu]," she was not "properly qualified to authenticate the
underlying business records," or that because "she ha[d] no
personal knowledge of any of the business records of [WaMu],
she[] [was] not in a position to testify as to the contents of
those records." In short, the basis for the judge's decision to
exclude the monthly statements was "inconsistent with applicable
law." Pressler & Verniero, supra, comment 4.6. R. 2:10-2.
We do not accept plaintiff's contention that because of the
prevalence of bank mergers and dissolutions, "routine records"
of monthly credit card statements are admissible unless some
"evidence [is] proferred regarding the untrustworthiness and/or
unreliability of the monthly statements." Plaintiff relies in
part upon our holding in Garden State, supra, for this broad
proposition.
In Garden State, the plaintiff bank's successor, Summit
Bank (Summit), sought summary judgment for the balance of a
construction loan note guaranteed by the defendants. Garden
State, supra, 341 N.J. Super. at 243. The defendants only
contested the amount due, and argued "that the best evidence
rule [wa]s violated where a summary, rather than the actual
accounting record [wa]s provided." Id. at 244. They "also
32a
A-2062-10T4 10
contend[ed] that . . . Summit failed to maintain records from
the outset of the loan obligation and thus could not prove a
prima facie case." Ibid.
However, we concluded that the computer loan printouts
showing the history of payments was a business record admissible
under N.J.R.E. 803(c)(6). Ibid. In affirming the trial judge's
grant of summary judgment to Summit, we noted that "[t]he
authenticity of the demand note contained in the record was
never disputed and [the] defendants admitted that monies were
due on the loan." Id. at 245. The witness produced by Summit,
its "credit manager," "certified that prior to the transfer of
the note to Summit, [the predecessor bank] ran an accounting of
the balance due." Ibid. The witness "provided computer
printouts detailing the loan information, indicating a balance
. . . as of the last review . . ., subsequent payments . . .
made to [the predecessor bank], leaving a balance forward . . .
when the loan was transferred to the new Summit Bank system, and
an itemized list of the three payments made to Summit through
the date of default." Ibid. On the record presented in this
case, however, we cannot conclude that Sharpe could have
provided similarly detailed information.
Plaintiff bears the burden of establishing the predicate
requirements such that the computerized billing statements are
33a
A-2062-10T4 11
admissible as a business record pursuant to N.J.R.E. 803(c)(6).
Hahnemann, supra, 292 N.J. Super. at 18; see also Biunno,
Weissbard & Zegas, Current N.J. Rules of Evidence, comment 2 on
N.J.R.E. 803(c)(6) (2011). Thus, if the matter is tried again,
plaintiff must properly authenticate the monthly statements as
required by the Rule and the cases we have cited. Whether
Sharpe, some other witness, or defendant, if called by plaintiff
as a witness, can establish the underlying predicates making the
monthly statements admissible as a business record is a question
we cannot answer at this time. It suffices to say that Sharpe
was never accorded that opportunity because of the judge's
ruling.
Reversed and remanded for a new trial. We do not retain
jurisdiction.
34a
35a
Ahlam Oughla 109 66th street apt 2 West New York, NJ 07093
To: Pressler and Pressler 7 Entin Road Parsippany, NJ 07054
..
RE: New Century Financial Services, Inc. vs. Ahlarn Oughla Superior Court of New Jersey: Law Division Hudson special Civil Part Docket DC-0044244-12
.' ~"'" .... ~,
} 05/0112012
Enclosed please fmd the Requests for Production of Documents. They must be answered within thirty days and returned to my horne address as specified above with the Certification signed under the N.J. Court Rule 4: 18-1.
Regards, Ahlarn Oughla
~-----Enclosures: Requests for document Production.
CC: Superior Court of New Jersey Law Division Hudson Special Civil Part.
"" .
36a
New Century Financial Services, Inc.
Plaintiff
Vs AhIam Oughla
Defendant
To: Pressler and Pressler 7 Entin Road Parsippany, NJ 07054
Superior Court of New Jersey Law Division Hudson Special Civil Part Docket Number DC-004244-12
Civil Action Requests for Production of Documents Dated 05/01112
COMES Now Defendant Pro Se, AhIam Oughla, and submits the following Requests for Production of Documents to Plaintiff, New Century Financial Services, pursuant to the N.J. Court Rule 4: 18-1.
"Document" means any written, recorded or graphic matter, whether produced, reproduced or stored on papers, cards, tapes, belts, or computer devices or any other medium in your possession, custody or control, or known by you to exist, and includes originals, all copies of originals, and all prior drafts. It includes all original business records, non-identical copies, computations, memoranda of oral or telephone conversations, tabulations, records of correspondence, notes made on other documents, microfilms, etc. A request to identify a document is a request to state as applicable:
a. The date of the document; b. The type of document; c. The names and present addresses of the person or persons who prepared the document and of the signers and addressers ofthe document; d. The name of the employer or principal whom the signers, addressers and preparers were representing; e. The present location of the document; f. The name and current business and home addresses of the present custodians of the original document, and any copies of it; g. A summary of the contents of the document; and h. If the original document was destroyed, the date and reason for or circumstances by which it was destroyed.
Each request stated in the next page demands production of documents relating to the alleged CREDIT ONE BANK, N.A Account Number 4447962145828657 purchased by New Century Financial Services.
37a
I. Provide a copy of the applicable Credit One Bank cardmember agreement which states interest rate, grace period, terms of repayment, et cetera;
2. Provide a notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;
3. Provide a copy of the bill of sale or assignment from Credit One Bank to Plaintiff;
4. Provide copies of all credit card statements which must be itemized and related to the account and beginning with a balance of -0- and ending with the amount claimed in the Complaint of $793.04;
5. Provide copies of all documents not referenced in the above requests that Plaintiff intends to present at a hearing of this matter.
Certification
I hereby certify (or aver) that I have reviewed the document production request and that I have made or caused to be made a good faith search for documents responsive to the request. I further certify (or aver) that as of this date, to the best of my knowledge and information, the production is complete and accurate based on 0 my personal knowledge and/or ( ) information provided by others. I acknowledge my continuing obligation to make a good faith effort to identify additional documents that are responsive to the request and to promptly serve a supplemental written response and production of such documents, as appropriate, as I become aware of them. The following is a list of the identity and source of knowledge of those who provided information to me:
New Century Financial Services Inc. Dated:
Page 1 of 2
PHILIP D. STERN & ASSOCIATES, LLC ATTORNEYS AT LAW 697 Valley Street, Suite 2d Maplewood, NJ 07040 (973) 379-7500 Attorneys for Defendant, Ahlam Oughla
NEW CENTURY FINANCIAL SERVICES, INC., Plaintiff vs. AHLAM OUGHLA, Defendant.
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION
Civil Action
Docket No. A-006078-11 (HUD-DC-4244-12)
STATEMENT OF ITEMS SUBMITTED ON SUMMARY JUDGMENT PURSUANT TO
COURT RULE 2:6-1(a)(1)
Procedural History
Plaintiff filed a Motion for Summary Judgment on June 14, 2012. Defendant
filed opposition on May 24, 2012. The Honorable Martha T. Royster granted
Plaintiff’s motion on the papers and an Order granting summary judgment and
entering judgment against Defendant was entered on May 25, 2012.
Items Submitted on Summary Judgment
Pursuant to R. 2:6-1, the following is an itemized list, by filing date, of the
items submitted on summary judgment with citations to its starting page in this
Appendix. In accordance with R. 2:6-1, all briefs are excluded because they were
neither referred to in the trial court’s decision nor is there a question whether an
issue was raised in the trial court germane to the appeal.
38a
Page 2 of 2
Plaintiff’s Motion for Summary Judgment filed May 14, 2012 ...................... Da19 Notice of Motion .................................................................................. Da20 Statement of Material Facts ................................................................. Da22 Certification in Support of Summary Judgment ........................ Da23 Electronically Transmitted Information from Seller ....... Da25 Interest Report ................................................................ Da26 Exhibit A: Chain-of-Title Documents ......................................... Da27 Assignment of Accounts and Bill of Sale ........................ Da28 Declaration of Account Transfer ..................................... Da29 Exhibit A Receivables File 11.17.08 .................... Da30 Transfer and Assignment ................................................ Da31 Exhibit A Receivables File 11.30.11 .................... Da32 Exhibit 1 Bill of Sale and Assignment ............................. Da33 Exhibit B: Copy of the last billing statement ............................. Da34 Exhibit C: Defendant’s Answer .................................................. Da36 Exhibit D: Defendant’s Responses to Plaintiff’s Interrogatories . Da37 Brief ................................................................................................. Omitted Proof of Mailing ................................................................................... Da41 Proposed form of Order ....................................................................... Da63 Defendant’s Opposition to Summary Judgment filed May 24, 2012 Opposition to Motion for Summary Judgment (legal arguments) ... Omitted Brief ................................................................................................. Omitted omitted Certification in Opposition to Motion .................................................. Da42 Certification of Service .............................................................. Da43 Statement of Material Facts....................................................... Da44 Exhibit A: Plaintiff’s Response to Defendant’s Request for Production of Documents ............................................... Da45 Proposed form of Order ....................................................................... Da69
39a
40a
RECEIVED MONDAY 5/14/2012 3:56:13 PM 9194845
IV\A.URICE H PRESSLER (1W0-2C02)
SHELDON H PRESSLER
GERARD J FELT
STEVEN P IVtCABE
LAWRENCE J IVtDERMOTT. JR
MITCHELL L WILLIAMSON (NJ & NY]
FRANCIS X GRIMES (NJ & PAl
DARREN H TANAKA. (NJ & NY]
JOANNE L D'AURIZIO (DC,FL, NJ & NY]
MITCHELL E ZIPKIN (NJ & NY]
CRAIG S STILLER (NY ONLy]
RALPH GULKO (NJ ,NY & PI\)
05/14/12
PRESSLER AND PRESSLER,LLP COUNSELLORS AT LAW
7 Entin Rd. Parsippany, NJ 07054-5020
Off: (973) 753-5100 Fax: (973) 753-5353
NY Office: PA Office 305 Broadway, 9th Floor 804 West Avenue
New York, NY 10007 Jenkintown, PA 19046 Office: (516)222-7929 Office (215)576-1900 Fax: (973)753-5353 Fax: (215) 576-7299
E-MAIL: en!~_~l!:lL@PDE§!~J..-J?J..Et~~J!!L~9..1JJ. Please Reply To:
[X] New Jersey Office [ 1 New York Office [ 1 Pennsylvania Office
Motion
DANIEL B SULLIVAN DARYL J KIPNIS
DALE L GELBER GLEN H CHULSKY
GINA M LO BUE (NJ & NY] MICHAEL J PETERS
EDWARD STOCK (PA ONLy] RITAE AYOUB
NICHOLAS J MADONIA THOIV\A.S M BROGAN
CHRISTOPHER P ODOGBILI STEVEN A LANG
OFFICE HOURS
Monday-Thursday 8am-9pm
Friday 8am-7pm
Saturday 9am-2pm
Please file the Motion on the following case. If you have any questions/problems please call Aneta Koszelnik at 973-753-5100 x 5569.
Very truly yours,
PRESSLER & PRESSLER,LLP
41a
048924
PRESSLER MD PRESSLER, L.L.P. COUNSELLORS AT LAW
7 Ent"in Rd.
Parsippany, NJ 07054-5020
(973) 153-5100
Attorney for Plaintiff
NEW CENTURY FINANCIAL SERVICES, INC.
Plaintiff
vs Al-ILAM OUGHLA
Defendant
TO: AHLAM OUGHLA
109 66TH ST APT 2 WEST NEW YORK, NJ 070933106
P&P File # 048924 TEAM A FEE: NO FEE ITEM
SUPERIOR COURT OF NEW JERSEY LAW DIVISION HUDSON Special Civil Part Docket No DC-004244-12 CIVIL ACTION
NOTICE OF MOTION SUMMARY JUDGMENT
TAKE NOTICE that the undersigned will apply to the above named SPECIAL CIVIL CASE MGMT OFFICE 595 NEWARK AVE, ROOM 711 JERSEY CITY,
court at NJ 07306
for entry of an Order entering Summary against the Defendant, AHLAM OUGHLA following grounds:
Judgment in favor of the Plaintiff and in the sum of $725.40 plus costs upon the
There are no facts in dispute and as a matter of law, plaintiff is entitled to judgment. See annexed certification.
The order sought will be entered in the discretion of the court unless the attorney or pro se party upon whom it has been served notifies the clerk of the court and the attorney for the moving party or the pro se party in writing within ten days after the date of service of the motion that the responding party objects to the entry of the order.
NOTICE. IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO IN WRITING. Your written response must be in the form of a certification or affidavit. That means that the person signing it swears to the truth of the statements in the certification or affidavit and is aware that the court can punish him or her if the statements are knowingly false. You may ask for oral argument, which means you can ask to appear before the court to explain your position. If the court grants oral argument, you will be notified of the time, date, and place. Your response, if any, must be in writing even if you request oral argument. Any papers you send to the court must also be sent to the opposing party's attorney, or the opposing party if they are not represented by an attorney.
42a
We are asking the court to make a final decision against you without a trial or an opportunity for you to present your case to a judge. We requesting that a decision be entered against you because we say that important facts are not in dispute and the law entitles us to a judgment.
are the If
you object to the motion, you must file a written response stating what facts are disputed and why a decision should not be entered against you.
PRESSLER, LLP
DATED: 05/14/12
43a
P&P File Number 048924 STATEMENT OF MATERIAL FACTS
1. The Plaintiffs predecessor in interest extended credit to Defendant pursuant to Credit One Bank, N.A. under account number 4447 9621 4582 8657, as indicated in the Summons and Complaint and in Plaintiffs Certification in support of Summary Judgment.
2. Annexed hereto is Plaintiffs Certification in support of the instant Motion for Summary Judgment, which states that Plaintiff is the current owner of Credit One Bank, N.A. account number 44479621 45828657; and that a balance of $725.40 is owed by Defendant.
3. The "Electronically Transmitted Information From Seller" referenced in Plaintiffs Certification reflects that the subject Credit One Bank, N.A. account was opened on or about 10/25/07 ("Origination Date") and that payment was last credited towards the outstanding balance on 03/02/08 ("LastPmtDate"). The account was subsequently charged~off on or about 10/05/08 ("ChgOftDate") and the amount of $723.82 remained due ("ChgOffBalance"). This is the principal of the instant action.
4. As indicated in the previously referenced Certification and statement, interest subsequent to the charge~off of the subject account has accrued on the outstanding balance in accordance with the interest rate set by Court Rule 4:42~II.
5. Annexed hereto as Exhibit A please find the chain~of~title relevant to Credit One Bank, N.A. account number 44479621 45828657.
6. The individual bills of sale which make up the chain~of~title document the bulk transfers of delinquent credit accounts from the original creditor (Credit One Bank, N.A.) to Sherman Originator, LLC (a subsidiary of Sherman Financial Group, LLC); and from Sherman Financial Group, LLC (through its subsidiary Sherman Acquisition, LLC) to Plaintiff (New Century Financial Services, Inc.).
7. Annexed hereto as Exhibit B, is a copy of the last billing statement for the subject Credit One Bank, N.A. account number 4447 9621 4582 8657. The account statement has a closing date of October 4, 2008 and advises Defendant that his account was scheduled to be charged~off. The statement reflects a balance due and owing of $723.82, which is the principal amount of Plaintiff's claim.
8. Defendant's Answer, a copy of which is enclosed as Exhibit C, only sets forth a general denial of the underlying account stating that Plaintiff has provided no documentation of same. However, the last billing statement (Exhibit B) bears Defendant's current horne address of 109 66th Street Apt. 2 in West New York, New Jersey. This is the same address Defendant has used throughout litigation.
9. Annexed hereto as Exhibit D, are Defendant's responses to Plaintiffs Interrogatories. Defendant asserts that Plaintiff lacks standing to bring this action. However, Defendant has yet to provide any actual documentation supporting this defense. Conversely, Plaintiff has presented the chain~ of~title, last billing statement, and its own Certification supporting its current ownership and the balance of the underlying account.
10. Based on Plaintiff s proofs, Defendant has failed to raise any reasonable question of fact, and based on the entirety of the foregoing, there are no material issues of facts in dispute and Plaintiffs Motion for Summary Judgment should be granted.
11. Wherefore, judgment should be entered in favor of Plaintiff and against the Defendant in the amount of $725.40, plus costs.
44a
PRESSLER AAU PRESSLER, L.L.P. COUNSELLORS AT LAW
7 Entin Rd.
PnrRippany, NJ 01054-5020
(973) 753-5100
Attorney fer Plaintiff
NEW CENTURY FINANCIAL SERVICES, INC.
Plaintiff vs. AHLAM OUGHLA
Defendants
P&P File # 048924 TEAM A FEE: NO FEE ITEM
SUPERIOR COURT OF NEW JERSEY LAW DIVISION HUDSON Special Civil Part
DOCKET NO. DC-004244-12
Civil Action CERTIFICATION IN SUPPORT OF SUMMARY JUDGMENT
1. I, the undersigned, am BUSINESS DEVELOPMENT MANAGER for the plaintiff in
the above matter and am duly authorized to make this Certification. Plaintiff
is the present owner by purchase of defendant's CREDIT ONE BANK, N.A. account
number 4447962145828657 , a claim founded upon an open-end credit plan as
defined in 15 U.S.1602(i) and 12 C.F.R. 226.2(a) (20).
2. I am familiar with the business and records of the plaintiff which are
maintained electronically. Attached hereto is the electronically transmitted
information from seller setting forth the account information as
electronically transferred and received.
3 . There is due and owing from the defendant(s) AHLAM OUGHLA to the
plaintiff the following:
(a) As set forth in the electronically
transmitted information from seller the account
balance outstanding at the time of purchase and
assignment to plaintiff, giving credit for all
payments and credits prior to purchase and
assignment (same does not include collection
costs or attorney fees), entitled
45a
"ChgOffBalance", is ........................... .
(b) The interest has been computed pursuant to
Rule 4:42-11 on the account balance set forth
from the date of breach to the date set forth
below as per the "Interest Report"
attached hereto .............................. .
(c) The defendant is entitled to credits that
occurred after suit was instituted which are
reflected in the "Interest Report" in the
amoun t of .................................... .
$723.82
$1. 58
$0.00
Total Balance Due .......................... $725.40
4. The last payment made on this account was on 03/02/08
5. The plaintiff has demanded full payment, and the defendant(s),AHLAM
OUGHLA has failed to pay.
6. All documents annexed hereto are true and accurate copies.
I certify that the foregoing statements made by me are true. I am aware
if any of the foregoing statements made by me are willfully false,
subject to punishment.
DATED: 05/11/12
that
I am
46a
ELECTRONICALLY TRANSMITTED INFORMATION FROM SELLER
Claim No 048924
AcctID PortfolioID Merchant AccountNumber SSN Prefix BrwrFirstName BrwrLastName Suffix BrwrAddr1 BrwrAddr2 City State Zip Zip4 CoSSN CoPrefix CoFirstName CoLastName CoSuffix CoAddress COAddress2 CoCity Co.State CoZip CoZip4 OriginationDate LastPmtDate ChgOffDate ChgOffBalance PrincipalBalance InterestBalance OtherBalance CurrBalance
340873226 12143 CREDIT ONE BANK, N.A. 4447962145828657 -Ahlam Oughla
109 66th St
West New York NJ 07093 3106 ######
10/25/2007 03/02/2008 10/05/2008 723.82 723.82 112.8 o 836.62
47a
INTEREST REPORT From 12/02/11 to 05/10/12
Original Creditor; CREDIT ONE BANK, N.A. of Acct # 4447962145828657
Account Holder; AHLAM OUGHLA
Present Owner: NEW CENTURY FINANCIAL SERVICES, INC. of Acct'
4447962145828657
Previeus Balance
As of 12/02/11
$723.82
Transactions
$0.00
Periodic Rates: Presently none
Credits
See Below
$0.00
Inlerest
See Below
$1. 58
Other Charges
(Collection/Attorney Fees)
$0.00
New Balance
$725.40
Balance on which Finance Charge is computed: No finance charges computed since charge-off. Charge-off balance: $723.82 Amount of Finance Charge: None Requested Annual Percentage Rate: No finance charge sought since charge-off Closing Date of Billing Cycle: 10/05/08 Interest Rate: Court rate set by New Jersey Court Rule Rule 4:42-11(a). See below Interest Start Date: 12/02/11 Charge-off date or last payment date after charge-off. Balance on which Interest Computed: $723.82 (previous balance) Interest End Date: 05/10/12 Amount of Interest: Sl.58
Docket Number: DC-004244-12 Plaintiff NEW CENTURY FINANCIAL SERVICES, INC.
vs Defendant(s) AHLAM OUGHLA Previous Balance: 723.82 Start Date : 12/02/11
Date Type
12/02/11 START
05/10/12 RATE CHG
Days Taxable Curr Rt Daily Int
New Rate
0 723.82 0.50 0.0099 0.50
160 723.82 0.50 0.0099 0.50
Int Bal New Int App Int
0.00 0.00 0.00 0.00 1. 58 0.00
Prin Bal
App Prin
723.82
0.00 723.82
0.00
Total Accumulated Interest 1.58 Ending Rate 0.50
Cost Bal New Cost App Cost
0.00 0.00 0.00 0.00 0.00 0.00
Payment Bal Carr +Charges
App Canst -App Pay
0.00 723.82 +0.00
0.00 -0.00 0.00 723.82
+1.58 0.00 -0.00
Balance 725.40
48a
Exhibit A
49a
ASSIGNMENT OF ACCQl)NTS AND BILL OF SALE
MHC Receivables, LLC ("Seller"), for value received, transfers, sells, assigns, conveys, grants and delivers 10 Sherman Originator LLC ("Buyer"), who subsequently transfers to LVNV Funding L,LC ("Subsequent Buyer") , all right, title and interest in and to (I) Seller's unsecured consumer credit card accounts which are described on computer files furnished by Sellcr to Buyer in connection herewith; and Oi) all proceeds of such accounts (each, an "Account") after the close of business on November 17, 2008.
This Assignment is subject to the terms of the Agreement for the Sale and Purchase of Chargeoff Receivables dated August 14, 2007, the First Amendment dated January 14,2008, and the Second Amendment dated February 19,2008, between the parties hereto (the "Agreement'f), without representations and warranties of any kind or character except as set tOlth therein.
DATE: 11117/08
MHC Receivables, LI .. C
Sherman Originator Ll/C
By ~r
50a
Declaration of Account Transfer
Shennan Originator LLC ("SOLLC"), without recourse, to the extent pennitted by applicable law, transferred, sold, assigned, conveyed, granted and delivered to L VNV Funding LLC ("L VNV") all of its right, title and interest in and to the receivables and other assets (the "Assets") identified on Exhibit A, in the Receivable File dated November 11, 2008 delivered by MHC Receivables, LLC on November 17,2008 for purchase by SOLLC on November 17,2008. The transfer of the Assets included electronically stored business records.
Sherman Originator LLC
a Delaware Limited Liability Company
By ttlJ::ft::;:: Title: Authorized Representative
L VNV Funding LLC a Delaware Limited Liability Company
By: :=z::.a:.. -<7 =<2 ~ Name: Les Gutierrez .
Title: Authorized Representative
51a
Receivables File 11.17.08
Transfer Group
105580
Portfolio
12143
Exhibit A
Transfer Batch
N/A
52a
Transfer and Assignment
L VNV Funding LLC ("L VNV"), without recourse, to the extent pennitted by applicable law, hereby transfers, sells, assigns, conveys, grants and delivers to Shennan Acquisition, L.L.c. ("SALLe") all of its right, title and interest in and to the receivables and other assets (the "Assets") identified on Exhibit A, in the Receivable File dated November 30, 2011. The transfer of the Assets included electronically stored business records.
Dated: November 30, 2011
Dated: November 30, 2011
L VNV Funding LLC a Delaware Limited Liability Company
By: ~_ --<Z <7 ~ Name: Les Gutienez Title: Authorized Representative
SHERMAN ACQUISITION LLC /
a Delaware mite(iability company
By: /1. '<~ Name: Title:
53a
Receivables File 11.30.11
Transfer Group
209950
Portfolio
Exhibit A
Transfer Batch
139172
54a
EXHIBIT 1 BILL OF SALE AND ASSIGNMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned Sherman Acquisition LLC ("Assignor"), for good and valuable consideration, the receipt of which is hereby acknowledged, does by these presents, assign, sell, transfer, convey, and set over to New Century Financial Services, Inc. ("Assignee"), its successors and assigns, all rights, title and interest in and to certain charged~off receivables (the "Chargedpoff Accounts"), related documents evidencing a security interest in favor of Assignor, liens or other security instruments or encumbrances executed in favor of Assignor, filed and/or created in conjunction with collateral securing the Chargedpoff Accounts. Such Chargedpoff Accounts are described in the attached Appendix A and referred to as Chargedpoff Accounts in the Purchase and Sale Agreement between Assignor and Assignee and dated November 30, 2011.
This Assignment is made without recourse or warranty except as otherwise provided in the Agreement executed by Assignor and Assignee with regard to the Chargedpoff Accounts and other rights, privileges and documentation referred to herein.
Dated this 30th day of November, 2011
WITNESS
By:dfk Alonso Galvan Vice President
SHERMAN ACQUISITION LLC
19
55a
Exhibit B
56a
VISA Account: 44479621 45826657 Customer Service: 877-625-3242
24f7 Online Account Access: www.CreditOneBank.com
Send Inquiries To: CREDIT ONE BANK P.O. BOX 98873 lAS VEGAS, NV 89193
Statement Closing Date Total Credit Line Available For Purchases Available For Cash New Balance $723.82 10/04/08 $300.00 $0.00 $0.00
Payment Due Date Amount Over Credit Line (OCl) Amount Past Due Amount Due This Period Minimum Payment Due $723.82 10/29/08 $423.82 $159.00 $593.82
To avoid DCL fees, pay the greater of the "Amount DCL" or the "Minimum Payment Due" by the due date.
Trans Date Post Date
10/04 10/04
10/04 10/04
Account Summary
Reference Number Activity Since last Statement
SERVICE CHARGE CLOSED ACCT. MAINT FEE 'FINANCE CHARGE' LATE FEE
'FINANCE CHARGE' PURCHASES $12.28 CASH ADVANCE $0.00
YOUR ACCOUNT IS SCHEDULED TO BE CHARGED OFF.
Previous Balance
$679.54
THE BALANCE WILL BE DUE IN FULL. CALL (888) 729-6274.
YOUR ACCOUNT IS CURRENTLY CLOSED.
(+) Purchases, Fees. Charges & Advances
(-) Payments & (+) FINANCE CHARGE Credits included in APR
$29.00 $0.00 $15.28
Amount
3.00 29.00 12.28
(=) New Balance
$723.82
Days This Billing Period: 30
Rate Summary
PURCHASES CASH ADVANCES
Average Daily Balance
$616.28 $0.00
Monthly Periodic Rate
1.992% 1.992%
SEND PAYMENTS TO: P.O. BOX 60500 CrrY OF INDUSTRY, CA 91716-0500
Corresponding APR
23.90% 23.90%
ANNUAL PERCENTAGE RATE (APR)
29.75% 23.90%
Make check or money order payable in U.S. dollars on a U.S. bank to Credit One Bank. Include account number on check or money order. No cash please.
0385 0001 H8G 7 4 081003 C X Pdga 1 of 1 57,7 9620 CM76 01BU5385 11814
D
Payment Due Date Your New Balanoe
10/29/08 $723.82
For address and telephone changes, please check the box and complete reverse side.
~§E~c~ g~;O~ANK CITY OF INDUSTRY CA 91716-0500
11,1"",111",1",11,11"11""1,1,11",11,,,11,,,11,"",111
Your Account Number
44479621 45828657
Minimum Payment Due Please Enter Amount Of Payment Enclosed
$723.82 $
To ensure proper credit. please return this portion with your payment. Please write your account number on your check. made payable to CREDIT ONE BANK. We may process your payment electronically. See payments paragraph on back.
AHLAM OUGHLA I ]1814 109 66TH ST N 2 WEST NEW YORk NJ 07093-3106
III", I,,, III", I, I"" II, "11,,,,1111,,,, II" II", I, I"" I, II
0072382 0072382 4447962145828657 7
SUBSTITUTION PAGE
Defendant’s Answer, which was attached here as Exhibit C to Plaintiff’s Motion for Summary Judgment, appears at Da2.
57a
58a
Exhibit D
59a
AhlamOugWa 1 09 66th street apt 2 West New York, NJ 07093
To: Pressler and Pressler 7 Entin Road Parsippany, NJ 07054
RE: New Century Financial Services, Inc. vs. Ahlam Oughla Superior Court of New Jersey: Law Division Hudson special Civil Part Docket DC-0044244-1 2
Mr. Darren H. Tanaka,
05/0112012
Enclosed please find the answers to the interrogatories you have requested on 04/04/2012.
Regards,
Ahlam Oughla
~G-----'-~ Enclosure: Answers to P&P file 048924 interrogatories.
\ I , I
I
1 !
60a
New Century Financial Services, INC.
Plaintiff
Vs Ahlam Oughla
Defendant
To: Pressler and Pressler 7 Entin Road Parsippany, NJ 07054
Superior Court of New Jersey Law Division Hudson Special Civil Part Docket Number DC-004244-12
Civil Action Answer to Interrogatories Dated 05/01112
Comes the defendant with answers to the plaintiff's interrogatories dated 04/04112.
1. Set forth with specificity all facts in support of each defense and/or claim which the defendant has in the above-entitled matter including dates, places, names and addresses of persons present or involved in any actions and/or conversations.
ANS. Claim: Plaintiff lacks standing to bring suit. Facts: Plaintiff has not shown standing to bring suit, such as a full chain of transfer and assignment of alleged debt, with full testament and notarization by each seller.
2. Attach copies of all writings, documents, or any other records which relate to said account or in any way support any defenses or claims, including, but not limited to, correspondence, contracts, agreements, notices, monthly statements, applications, and any letters sent to or received in connection with the subject account.
ANS. Support of claim is based on lack of documentation.
3.attach any documentation evidencing defendant's mailing address(es) between 10/25107 to 10105108, which should include, but is not limited to, copies of energy or water bills, telephone bills, lease(s) and/or deed(s) mortgages and drivers license(s). if said documentation is not in the possession of the defendant, please list each address at which the defendant received mail during the time period requested.
I , \ i , :
\
I
\
\ \ ;
61a
ANS. Objection 1. Plaintiff has no standing to bring suit, and therefore has no standing at this time to obtain private infonnation of defendant.
Objection 2. Plaintiffhas successfully served defendant. Mailing address, or proof thereof, is not relevant to a cause of action with an individual. See also objection 1. Defendant currently receives mail at: 109 66th street apt 2, West New York, NJ 07093.
Obj ection 3. Plaintiff seeks excessive proof for each mailing address by wanting multiple sources of proof. Defendant alleges that plaintiff is fishing for any and all private and personal infonnation inappropriate for this matter. See also objection 1.
Certification
I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.
I certify that the copies of the reports annexed hereto rendered by proposed expert witnesses are exact copies of the entire report and/or opinion rendered by them; that the existence of other reports or opinions of each of said experts, either written or oral, are unknown to me; and if such ~. ::ailable. I shall serve them promptly upon the propounding party.
AWamOughla Dated: ..s _ \ - \ "'2-
62a
PRESSLER ~D PRESSLER, L.L.P. COUNSELLORS AT LAW
7 Entin Rd.
Parsippany. NJ 07054-5020
(9"/3) 753-5100
Attorney for Plaintiff
P&P File # 048924 TEAM A FEE: NO FEE ITEM
NEW CENTURY FINANCIAL SERVICES, INC. SUPERIOR COURT OF NEW JERSEY LAW DIVISION
Plaintiff HUDSON Special Civil Part DOCKET NO. DC-004244-12
vs. AHLAM OUGHLA
Defendant
Civil Action
PROOF OF MAILING
I, the undersigned, employed by LLP , attorneys for the plaintiff, SERVICES, INC. ,in the above
On 05/14/12 , Pressler and Pressler, NEW CENTURY FINANCIAL entitled action, did serve the Notice of Motion on the:
Defendant(s) : AHLAM OUGHLA
109 66TH ST APT 2 WEST NEW YORK, NJ 070933106
being the last know address, simultaneously by certified mail, return receipt requested and by regular mail with postage prepaid thereon, by depositing in a United States Post Office mailbox at Parsippany, New Jersey .
I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.
Dated: 05/14/12
63a
048924 P&p File # 048924
TEAM A FEE: NO FEE ITEM
PRESSLER MD PRESSLER, L.L.P. CQUW;r;LLQRS AT LAW
7 Entin Rd.
Parsippany, NJ 07054-5020
(973) "'~3-5100
Attorney for Plaintiff
NEW CENTURY FINANCIAL SERVICES, INC.
SUPERIOR COURT OF NEW JERSEY: Plaintiff
vs. AHLAM OUGHLA
Defendants
LAW DIVISION HUDSON Special Civil Part DOCKET NO. DC-004244-12
Civil Action
ORDER SUMMARY JUDGMENT
THIS MATTER having been opened to Pressler, LLP , Attorneys for Plaintiff Summary Judgment, and the Court having certification of the plaintiff,
the Court by Pressler by Notice of Motion considered the brief
IT IS on the day of 2012
and for and
ORDERED THAT Summary Judgment be and hereby is entered in favor of the Plaintiff and against the Defendant(s) AHLAM OUGHLA in the sum of $725.40 plus costs.
Opposed Unopposed
J.S.C
64a
Ahlam Oughla Your Name (first, middle, last)
109 66th Street Apt 2 Street Address
West New York, NJ, 07093
Superior Court Of New Jersey Law Division, Civil Part
_H_U_d_so_n~ ______ ~G1~~ Counry
Docket No, DC-{)04244-12
Town,St.te,ZipCode RE --=(64=6)6=57-=-96=56-----=--,---..,.-----,-;--;-_--.;: = C EIV e D
Telephone Number
New Century Financial SerVlteS ( 1"" IlAY 2~. ft Certification in Opposition to Motion ~~~~~~~~P~I.~in~h~·ff~~~------
~.~ YS.
Ahlam Oughla Defendant
I, Ahlam Oughla , am the (check one) _ PLAINTIFF --X... DEFENDANT in (your name)
the captioned matter. I hereby enter my objection to the Motion to Summary Judgment (enter type of motion)
filed by the (check one) X- PLAINTIFF __ DEFENDANT. This motion should be denied because: (state the basis for your opposition to the motion; use additional paper if necessary)
Please see enclosed documents.
Pursuant to R. 1 :6-2(d), the undersigned: (check one)
( X ) ( )
Waives oral argument and consents to disposition on the papers. Requests oral argument for the following reasons:
I certify that the foregoing stataments made by me are true. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment.
Revised 0412008, CN 10556-English (How to FHe a Response to a Motion) Page 5 016
\
65a
CERTIFICATION OF SERVICE
I further certify that on May 24th ,2012 ,I sent my opposition the motion to the following by ( l regular mail, (Xl certified mail (Check which mailing method you chose. If you sent it by both regular and certified mail, check both): (list each party to the lawsuit; send your opposition to the attorney if the party is represented by counsel; if the party is pro sE/_You may send the papers direcUy to that individual).
Name
Address
Attorney for
Date: 05/24/2012
'"
Name Pressler & Pressler
Address 7 Entin Road Parsippany, NJ 07054
Attorney for New Centyrv Financial Services I", . i
Signature ~-=11E.~~~~~~s-::---..~=-__ Ahlam Oughla
U.S. Postal Service'M CERTIFIED MAIL'M RECEIPT
(print or typa your name)
(Domestic Mail Only; No Insurance Coverage Provided)
~~~P:'~~~-~;=~~~:~!!~~A~l:::U:S:~'E~'~~ or $1 10 /<~(~n~ N E: frA LIl Postage f-$---,-,-_. --il~~Jri-')..~~
~ I '>~ 1-.... ,\
~ Relum:::~;:: $2.95 IJoa
postma: "7 t:J (E"d,rnem'"'Roq,',ad) $2.35 "AY 2 4fi!>1Il2 t:J f---~~~~
Restricted Delivery Fee CJ (Endorsement Required) $0.00 t:J
~ ~Th~m~,p~'=m=g=a&=F~a=aS~$=====$6=.=~==::~~==::=-__ , M
. ~ t~~~~:~l.f~::t":~:::((~~J::::::~::::::~; ::::::::::::::::::::::::1
Revised 04/2008, eN 10556-Engllsh (How to File a Response to a Motion) Page6of6
66a
Statement of Material Facts
I. There is no admissible evidence of the formation of a contract between Credit One Bank, N.A.
and Defendant.
2. There is no admissible evidence of the tenns of any contract between Credit One Bank, N.A.
and Defendant.
3. There is no admissible evidence that Defendant breached any contract with Credit One Bank,
N.A.
4. There is no admissible evidence as to the debits, credits, and payments associated with the
alleged account, including the fees, charges, and interest from which to detennine the
amount purportedly due.
5. Exhibit A of Plaintiff's Motion for Summary Judgment allegedly consists of the chain-of-title
relevant to this claim, however nowhere in any of these individual bills of sale is the defendant's
name or alleged account number referenced or cited.
6. Annexed hereto as Exhibit A, is a copy of Plaintiff's answer to produce documents, in which
plaintiff objects and does not produce any of the documents requested.
7. Based on Plaintiff's absence of admissible evidence and lack of standing, Plaintiff's Motion for
Summary Judgment should be denied.
Page 2 of 5
67a
; Exhibit A
68a
,/
!
MAURICE H. PRESSlER (1930-2002)
SHElOilN H. PRESSLER
GERARDJ. FELT
STEVEN P. McCABE LAWRENCE J. McDERMOTT. JR
MITCHELL L WILLIAMSON (NJ 8, NY)
FRANCtSX. GRIMES {NJ & PAl DARREN H. TANAKA (NJ 8, NY)
PRESSLER AND PRESSLER,LLP COUNSELLORS AT LAW
lEntin Rd. Parsippany, NJ 07054·5020
Off: (973) 753-5100 I=a,,: (973) 753-5353
NY OffICe: PA Office 305 Broadway, 9" Floor 804 West Avenue
New Yorl<, NY 10007 Jenkintown, PA 19046
OANIEL B, SUlliVAN
DALE L GELBER
GINA M. LO BUE (NJ & NY)
EOWARD $TOCK (PAONl YI
NICHOlAS J. MADONIA
CHRI$rOPHt:" P. OOOGBiU
OFFICE HOURS:
DARYL J. KIPNIS
GlEN H. CHUlSKY
MICHAEl J. PETERS
RITA E. AYOUB
THOMAS M. BROGAN 5 rEVEN A. lAN(;
JOANNE L O'AURIZ1D (DC ,FL, NJ & NY)
MITCHELL E. ZIPKIN (NJ & NY) Office: (516)222·7929 Office (215)576-1900 MonClay-1'Ittnday: 8am-9pm
CRAIG S. STillER (NY ONt YI
RAlPH GULKO (NJ ,NV & PA)
MAY 9, 2012.
AHLAM OUGHLA 109 66TH ST APT 2
Fax: (973)753·5353 Fax: (215) 576-7299 E-MAIl: Pressler®PfBssler-Pressier.com
Please Rep~ To: IXI New Jersey Office I I New Yorl< OffICe ( I Pennsylvania Office
WEST NEW YORK., NJ 070933106
Re: NEW CENTURY FINANCIAL SERVICES, INC. vs AHLAM OUGHLA Superior Court of New Jersey: Law Division Special Civil Part: HUDSON- Docket No. DC-004244-12 P&P File Number 048924
Dear Mr. Oughla:
Friday: 8anr7prn -,-"'"
Plaintiff acknowledges receipt of Defendant's Request for Production of Documents with regard to the above-captioned matter. However, Plaintiff objects to same as they are nonconfonning pursuant to B,. 6:4-3(f), and as such shall not be fulfilled.
Very truly yours,
PRESSLER & PRESSLER,LLP
~n~ < /-
/':DARYL 1. KIPNIS
DHT/NG
This is a communication from a debt collector.
Opposed UnopposedJ.S.C.
Page 90f9
...• FORMC
SUPERIOR COURT OF NEW JERSEYLAW DIVISION
SPECIAL CIVIL PART
~\\J\;)<;Ol'J CountyDocket Number C( -00 ~ ~4t.-' -:z
~h,w t~V\o.."'(A~c~\Sn\)~(.e) I..L.Plaintiffs Name f "st, middle, last)
no ~ 5ou~ ·XntXSf)l.. 'Re~& ~\)~'~l-' \04Address
Telephone Number1\, VS.I\~\""'" OU%~\C\Defendant's Name (first, middle, last)
\Oct (;6)1 fT ~('r .(Address
Wu'( Nw ~o"y~ N:5 I)1o 'tJ
CIVIL ACTION
ORDER
City, State, Zip Code I
(6~ b) b 51- " 6 S(Telephone Number
This matter being opened to the court by A h \~ ~ O\l ~~ \4 .the (check one)(Your Namet
oPlaintiff ~fendant in the case by way of motion seeking an order to:
__ Permit Discovery Amend Judgment__ Vacate Dismissal/Reinstate Complaint ==Enter Judgment Out of Time__ Amend Complaint __ Vacate DefaulWacate D~UIt J~%mert S~'M'r'he\.r'1__ Amend Answer ~Other (Specify) c.?rrOSe. M L. d01'"" J.,J'a.....e L,tl
and the court having considered the motion, pleadings on file and/or argument of the moving party and forgood cause appearing;
(Do not write below this line, for court use only)
On this day of 20 __
it is ORDERED that
it is FURTHER ORDERED that a copy of this Order be served by the moving party upon all other parties or, . :
their attorneys, if any, within days of the date listed above.
This motion'was~'
Revised 0612008, CN 10543-English (How to File a Motion in Che Special Civil Part) 69a
••
'. • FORM C
N~w Ct"'~V{1. b\/A.",IA,,\ St~vlc.t) I"'L. Plaintiff's Name ( liSt, middle, last) .'
110 ~ $ou)l.5tnt'f,W'" "Ro,,& 'S,\J\~t- \04 Addres.
City, tate, Zip Code
Telephone Number II VS. 1,,,,,,,-...., Ou'?"'\" Defendant'. Name (first, middle, last)
\O'l '6 II}\ 'Ar'r < Address
Wu'f Nw ~oYf. N::S 01D'tJ City, State, Zip Code i
(C ~ (,) f, S 1- 'I 6 st Telephone Number
SUPERIOR COURT OF NEW JERSEY LAW DIVISION
SPECIAL CIVIL PART
~\\J\;)<;'OI'J County
Docket Number ~( -00 4 ~4L.-1 'Z
CIVIL ACTION
ORDER
This matter being opened to the court by !\hll>-Y>. O\l~ \.,\~ .the (check one) (Your Name)
o Plaintiff ~fendant in the case by way of motion seeking an order to:
__ Permit Discovery Amend Judgment __ Vacate Dismissal/Reinstate Complaint = Enter Judgment Out of Time __ Amend Complaint __ Vacate DefaulWacate Dt..UIt J~%mEV1t s",,,,,,,,,,,,r'1 __ Amend Answer Lather (Specify) L>rrose. i"l L. d""'- J"J~....e ..... r,
and the court having considered the motion, pleadings on file and/or argument of the moving party and for good cause appearing;
(Do not write below this line, for court use onlY)
On this ______ day of ______ 20 __
it is ORDERED thaI
it is FURTHER ORDERED that a copy of this Order tie served by the moving party upon all other parties or
their attomeys, if any, within ___ days of the date listed above,
This motion'was:'
Opposed Unopposed J.S.C.
Pag.9019 Revised 0612008, CN 10543-Engiish (How to File a Motion in the Speaal CivIl Part)
70a
RECEIVED THURSDAY 6/14/2012 4:29:24 PM 9307052
PHILIP D. STERN & ASSOCIATES, LLe ATTORNEYS AT LAW
697 VALLEY STREET, SUITE 20, MAPLEWOOD, NJ 07040-2642
June 14, 2012 PHONE (973) 379-7500
FAX (973) 532-0866
ELECTRONIC FILING TRANSMITTAL SHEET for Judiciary Electronic Filing System (JEFIS)
Re: New Century Financial Services, Inc. vs. Ahlam Oughla Docket No. H U D-DC-4244-12
Filer: Philip D. Stern, Esq. Document Type: Motion
Please file Defendant's Motion for Reconsideration, including:
1 . Notice of Motion; 2. Brief of Defendant; and 3. Proposed Form of Order.
For this Motion, ORAL ARGUMENT is REQUESTED ONLY IF OPPOSITION IS FILED.
PAGE 1
71a
PHILIP D. STERN & ASSOCIATES, LLC ATTORNEYS AT LAW
697 Valley Street, Suite 2d Maplewood, NJ 07040 (973) 379-7500 Attorneys for Defendant, Ahlam Oughla
NEW CENTURY FINANCIAL SERVICES, INC., Plaintiff
vs.
AHLAM OUGHLA, Defendant.
TO: Daryl J. Kipnis, Esq. Pressler & Pressler, LLP 7 Entin Road Parsippany, NJ 07054-9944 Attorneys for Plaintiff
SUPERIOR COURT OF NEW JERSEY LAW DIVISION
HUDSON COUNTY - SPECIAL CIVIL PART
Civil Action
Docket No. HUD-DC-4244-12
NOTICE OF MOTION AND PROOF OF SERVICE
Please take notice that Defendant, Ahlam Oughla, will move for an Order to Reconsider the May 25, 2012 Order granting summary judgment in favor of Plaintiff, to vacate judgment entered against Defendant, and to have the matter noticed for trial. The grounds for this Motion are set forth below.
Statement Under R. 6:3-3(c)(2}: The Order sought will be entered in the discretion of the Court unless you notify the clerk of the court and the attorney for Defendant, Ahlam Oughla in writing within 10 days after service of this Motion that you object to the entry of the order. The address of the Court is:
Special Civil Part - Hudson County Superior Court of New Jersey Hudson Fee Office, Admin. Bldg., Rm. G-9 595 Newark Avenue Jersey City, NJ 07306
Notice Under R. 6: 3-3 (c)(3): NOTICE. IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO IN WRITING. Your written response must be in the form of a certification or affidavit. That means that the person signing it swears to the truth of the statements in the certification or affidavit and is aware that the court can punish him or her if the statements are knowingly false. You may ask for oral argument, which means you can ask to appear before the court to explain your position. If the court grants oral argument, you will be notified of the time, date, and place. Your response,
Page 1
72a
if any, must be in writing even if you request oral argument. Any papers you send to the court must also be sent to the opposing party's attorney, or the opposing party if they are not represented by an attorney.
ORAL ARGUMENT: Oral Argument is REQUESTED ONLY IF OPPOSITION IS FILED. Philip D. Stern & Associates, LLC Attorneys for Defendant, Ahlam Oughla
s/Philip D. Stem Dated: June 14, 2012 Philip D. Stern
PROOF OF SERVICE In accordance with R. 1:5-3, I certify that the within pleading was served in accordance
with R. 1:5-2, on the following attorney by ordinary mail, postage prepaid, mailed on the date set forth below and addressed to:
Daryl J. Kipnis, Esq. Pressler & Pressler, LLP 7 Entin Road Parsippany, NJ 07054-9944
Dated: June 14, 2012
Page 2
s/Philip D. Stem Philip D. Stern
73a
RECEIVED MONDAY 7/2/2012 3:52:05 PM 9366213
IV\A.URICE H PRESSLER (1W0-2C02)
SHELDON H PRESSLER
GERARD J FELT
STEVEN P IVtCABE
LAWRENCE J IVtDERMOTT. JR
MITCHELL L WILLIAMSON (NJ & NY]
FRANCIS X GRIMES (NJ & PAl
DARREN H TANAKA. (NJ & NY]
JOANNE L D'AURIZIO (DC,FL, NJ & NY]
MITCHELL E ZIPKIN (NJ & NY]
CRAIG S STILLER (NY ONLy]
RALPH GULKO (NJ ,NY & PI\)
07/02/12
PRESSLER AND PRESSLER,LLP COUNSELLORS AT LAW
7 Entin Rd. Parsippany, NJ 07054-5020
Off: (973) 753-5100 Fax: (973) 753-5353
NY Office: PA Office 305 Broadway, 9th Floor 804 West Avenue
New York, NY 10007 Jenkintown, PA 19046 Office: (516)222-7929 Office (215)576-1900 Fax: (973)753-5353 Fax: (215) 576-7299
E-MAIL: en!~_~l!:lL@PDE§!~J..-J?J..Et~~J!!L~9..1JJ. Please Reply To:
[X] New Jersey Office [ 1 New York Office [ 1 Pennsylvania Office
Objection-motion
DANIEL B SULLIVAN DARYL J KIPNIS
DALE L GELBER GLEN H CHULSKY
GINA M LO BUE (NJ & NY] MICHAEL J PETERS
EDWARD STOCK (PA ONLy] RITAE AYOUB
NICHOLAS J MADONIA THOIV\A.S M BROGAN
CHRISTOPHER P ODOGBILI STEVEN A LANG
OFFICE HOURS
Monday-Thursday 8am-9pm
Friday 8am-7pm
Saturday 9am-2pm
Please file the Objection to a motion on the following case. If you have any questions/problems please call Aneta Koszelnik at 973-753-5100 x 5569.
Very truly yours,
PRESSLER & PRESSLER,LLP
74a
PRESSLER AND PRESSLER, LLP COUNSELLORS AT LAW
7 Entin Rd. Parsippany, NJ 07054-5020
(973) 753-5100
Attorney for Plaintiff
NEW CENTURY FINANCIAL SERVICES, INC.
Plaintiff vs. AHLAM OUGHLA
Defendant
P&P File Number 048924
SUPERIOR COURT OF NEW JERSEY LA W DIVISION: HUDSON COUNTY SPECIAL CIVIL PART DOCKET NO.: DC-004244-12
Civil Action CERTIFICATION OF STEVEN A. LANG, ESQ. IN OPPOSITION TO DEFENDANT'S RECONSJDERA TION MOTION
Steven A. Lang, Esq., of full age, hereby certifies as follows:
1. I am an attorney-at-law of the State of New Jersey and am employed by Pressler and Pressler, LLP ("Pressler"), counsel to Plaintiff New Century Financial Services, Inc. ("NCFSI") in the captioned matter. I am duly authorized to make this certification in opposition to Defendant Ahlam Oughla's motion for reconsideration of the Honorable Martha T. Royster, J.S.C.'s May 25, 2012 Order granting summary jUdgment in favor ofNCFSI. I do so based upon my personal knowledge and my review of this firm's files relating to matters involving the Defendant herein.
2. Attached hereto as Exhibit "A" is a true copy of Defendant's credit report dated January 10, 2008 that Pressler obtained in another matter, redacted to remove all personal identifiers in accordance with R. 1 :38-7 and all account information other than the account that is the subject of the complaint in the within matter. I respectfully direct the Court's attention to the fact that the subject account, which was then active, was a Credit One Bank account opened in October 2007.
3. Attached hereto as Exhibit "B" is a true copy of Defendant's credit report dated October 20,2009 that Pressler obtained in another matter, Pressler File No. 043401, redacted to remove all personal identifiers in accordance with R. 1 :38-7 and all account information other than the account that is the subject of the complaint in the within matter. I respectfully direct the Court's attention to the fact that the subject account is reported on the second page thereof. Same indicates that the account was charged off on 11-08 (the reporting month next following the 10105108 charge-off date), at which time the account balance was $724.00.
4. Attached hereto as Exhibit "e" is a true copy of the unreported Fourth Circuit Court of Appeals opinion in Atlas Equity, Inc. v. Chase Bank USA, N.A., 403 Fed. Appx. 190, 192 (9th
Cir.2010).
I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.
~,jv 1 Dated: July 2,2012 Steven A. Lang, Esq.
75a
· .
EXHIBIT A
76a
PAGE 1 DATE 1-10-2008 TIME 17:02:25 V901 TNJl
AHLAM OUGHLA 109 66TH ST # 2 WEST NEW YORK NJ 070933106
SS: 586
77a
CREDIT ONE BANK 3278143 BC CRC REV 444796214582
10-07 1 1-04-08
12-07
$300-L $303
$20-A
$303-H 1-08
OPEN CURR ACCT ( 3) CCC
78a
END -- EXPERIAN
79a
EXHIBITB
80a
PAGE 1 DATE 10-20-2009 TIME 22:27:13 VAOl TNJl
AHLAM OUGHLA 109 66TH ST # 2 WEST NEW YORK NJ 070933106
10-07 1 12-12-08
*CREDIT ONE BANK 3278143 BC CRC REV 444796214582 3-08 SOLD TO: SOLD TO ANOTHER LENDER
SS:
$300-L $723
1\ -e d CLC fed
586
$723-C CHARGOFF DELINQ 180 11-08 (14) LL654321CCCCC
$723 C
81a
*LVNV FUNDING LLC 11-08 1623040 FU FCO 1 1 10-13-09 4447962145828657 ORIGINAL CREDITOR: MARIN
$724-0 $855 1-09
$855
COLLACCT (10) GGGGGGGGGG
82a
END -- EXPERIAN
83a
. '
EXHIBITC
84a
403 Fed.Appx. 190,2010 WL 4462731 (C.A.9 (CaL» (Not Selected for pubUcadon in the Federal Reporter)
Page 1
(Cite as: 403 Fed.Appx. 190,2010 WL 4462731 (C.A.9 (Cal.)))
C TItis case was not selected for publication in the Fed-eral Reporter.
Not for Publication in West's Federal Reporter See Fed. Rule of Appellate Procedure 32.1 generally governing citation of judicial decisions issued on or after Jan. 1,2007. See also Ninth Circuit Rule 36-3. (Find CTA9 Rule 36-3)
United States Court of Appeals, Ninth Circuit.
ATLAS EQUITY, INC., Plaintiff-Appellant, v.
CHASE BANK USA, N.A., FKA Chase Manhattan Bank USA, National Association, a national banking
association, Defendant-Appellee.
No. 09-55466. Argued and Submitted Nov. 1,2010.
Filed Nov. 8, 2010.
Background: Buyer sued seller for allegedly breaching contracts governing sale of consumer credit card debt. TIle United States District Court for the Central District of Califomia, George H. \Vu, I, entered judgment for seller. Buyer appealed.
Holdings: TIle Court of Appeals held that: ill contracts were govemed by Delaware common law; Gl any prior e-mail discussions between parties were not adillissible; ill seller was authorized to select aggregate amount of accounts' balances and to sell to buyer's competitors; ill claim for breach of implied covenant of good faith and fuir dealing was not actionable; and ill leave to amend complaint was not warranted.
Affirmed.
West Headnotes
ill Sales 343 €;:;:;::>3.1
14J. Sales 3431 Requisites and Validity of Contract
343k3 Sale Distinguished from Other Transactions
343k3.1 k. In general. Most Cited Cases
Secured Transactions 349A €o=4
349A Secured Transactions 349AI Nature, Requisites, and Validity
349AI(A) Nature and Essentials 349Ak3 What Law Govents
349Ak4 k. Accounts or contract rights, security interests in. Most Cited Cases
Delaware common law governed written contracts for sale of consumer credit eftI'd debt, rather than Delaware Uniform Commercial Code (UCe) that did not apply to sales of accounts receivable and loan agreements, or to assiglllllent of accounts for purpose of collection only, since contracts involved sale of debts, not goods. 6 West's Del.e. ** 2~·-l05(1). 9--109{d)W.
ill Evidence 157 (;::;;>400(1)
157 Evidence 157XI Parol or Extrinsic Evidence Affecting
Writings 157XI(A} Contradicting, Varying. or Adding
to Tenus of Written Instrument 157k400 Contracts of Sale or Exchange
157k400{l) k. JIl general. Most Cited
Under Delaware common law, any prior e-mail discussions between buyer and seller of consumer credit card debt were not admissible to supplement or supersede parties' written sales contracts, since executed contracts were fully integrated documents.
ill Contl'acts 95 ~73
95 Contracts 951 Requisites and Validity
95I{D) Consideration 95k70 Forbearance
95~73 k. Agreement to forbear. Most Cited Cases
Under Delaware COllUllOll law, seller of consumer credit card debt was necessarily authorized to select aggregate amount of accounts' balances, under sales contracts that unambiguously provided seller with full discretion to "detennine which Charged-off Accounts
@ 20121110mson Reuters. No Claim to Orig. US Gov. Works.
85a
403 Fed.Appx. ]90,20]0 WL 446273 I (C.A.9 (CaL) (Not Selected for publication in the Federal Reporter)
Page 2
(Cite as: 403 Fed.Appx. 190,2010 WL 4462731 (C.A.9 (Cal.»)
shall be eligible for sale" and to sell to buyer's COIn-
petitors.
ill Assignments 38 ~95.1
3 R Assignments 3RV Rights and Liabilities
38k95 Rights of Assignee as Against Assignor 38k95. [ k. In general. Mos! Cited Coscs
Under Delaware common Jaw, buyer's claim that seller of consumer credit card debt breached implied covenant of good fuith and fair dealing with respect to parties' sales contracts was not actionable, since seller's arguments supporting claim sought to add contract terms that contradicted unambiguous provisions of written contracts.
ill Federal Civil Procedure 170A €::w193S.1
170A Federal Civil Procedure 170AXIV Pre-Trial Conference
170Ak 1935 Order 170Ak1935.1 k. In general. Most Cited
Buyer of consumer credit card debt lacked good cause for granting request to revise scheduling order and granting leave to file third amended complaint against seUer, since buyer had not diligently sought to amend.
*191 Paul Kim, Esquire, Mark W. YOCCII. Esquirc, The Yocca Law Firm LLP, Irvine, CA, for Plaintiff-Appellant.
Mark Bruce Blocker, Rachcl B. Nicwoehner, Charles K. Schafer, Sidley Austin LLP, Chicago,lL, Christinc ~im Son, Roll Law Group P.C. Legal Department, Robert M. Stone, Sidley Austin LLP, Los Angeles, CA, for Defundant-Appellee.
Appeal from the United States District Court for the Central District of Cali fomi a, George H. Wu, District Judge, Presiding. D.C. No. 8:06--cv-00602-0W.
Before: SCHROEDER, TALLMAN and M. SMITH, Circuit Judges.
*192 MEMORANDUM EN'
FN* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36--3.
**1 Plaintiff-Appellant Atlas Equity, hlC. (Atlas) sued Defendant-Appellee Chase Ballk USA (Chase) for ullegedly breaching the parties' contracts governing the sale of consumer credit card debt. As the fucts and procedural history are fumiliar to the parties, we do not recitc them here except as necessary to explain our disposition. We have jurisdiction under?8 U.S.C. * 1291, and we affinn dle district court.
I. Breach of Contract ill The written contracts are governed by Dela
ware COlWllon law, not the Delaware Uniform Commercial Code (VCC). Delaware's UCC Article 2 does not apply because Atlas purchased debts, not goods. See Del.Code til. 6, § 2--105(1); see also 2 Lary Lawrence, Lawrellce's Alldersoll 011 'he U1Iiform Commercial Code. § 2-105:64 & JUl. I, 10 (3d cd. Supp.20 10) (stating that Article 2 docs lIot apply to sales of accounts receivable and Joan agreements). Delaware's UCC Article 9 does not apply to "an assignment of accounts ... which is for the purpose of collection only." Del.Codo tit. 6, § ~---IQ2@l(i).
W Although Atlas contends that the parties' emails constinlte separate contracts that supercede the parties' written contracts, Atlas has failed to introduce any evidence to establish that dIe parties exchanged emails subsequent to the time that they executed the written contracts. See, e.g., Matsushita Blec. indlls. Co. )I. Zenitlt Radio Corp., 475 U.S. 574, 586·"~7, 10,§ S.C!. 1348, 89 L.Ed.2d 53& (1986) (stating dlat SUllllllary judgment "opponent must do more than simply show that there is some metaphysical doubt as to the material fuets"). Because the written contracts are fully integrated documents, the parties' prior email discussions may not be used to supplement or supercede the written agreements. See {,i{I'I'OW 1' • .. dt:: nolcl, No. 1 82--K, 2006 WL 3289582, at >1<4-5 (DeI.Ch. Oct.3!' 2006), aIi'd. ~33 A.2d 1249 ([)e1.2007) (unpublished table decision) (adopting lower court's reasoning).
III The contracts clearly and unambiguously provide Chase with full discretion to "detennine which Charged-off Accounts shall be eligible for sale." Chase's power to select Ule accounts necessarily
© 2012 Thomson Reuters. No Claim to Orig. US Gov. Works.
-----------------------_ .. _---_ ... __ .. __ .... -
86a
403 Fed.Appx. 190,2010 WL4462731 (C.A.9 (Cal.» (Not Selected for publication in the Fedel'81 Repol·tCl') (Cite as: 403 Fed.Appx. 190.2010 WL 4462731 (C.A.9 (Cal.»)
included the power to select the aggregate amount of the accounts' balances. Although the December 2003 contract required Chase to sell at least $10,000,000 in account balances, there is no dispute that Chase satis-fied this obligation.
Finally, the written contracts clearly and unambiguously provide that Chase had the power to sell to Atlas's competitors.
II. Breach of ImplIed Covenant of Good Faith and Fair Dealing
ill Atlas's arguments regarding the implied covenant of good faith and fair dealing seek to add contract terms that contradict the unambiguous provisions of the written contracts. The implied covenant cannot be used to "grant Ule plaintiffs, by judicial fiat, contractual provisions that they failed to secure for Ulemselves at the bargaining table." Aspen Adv/sol's LLC 1'. United Artists Tlre(ltre Co.! 861 A.2d 1251, 1260 (DcI.2004). 111e district court properly rejected the cause of action fur breach ofthe implied covenant.
III. Leave to Filc Third Amended Complaint **2 l?J Atlas failed to show good cause when it
requested Utat the district court revise its scheduling order and permit Atlas to file a third amended complaint. *193 Colemail v. QuakeI' Oats Co.! 232 F.3d 1271, 1294--95 (9th Cir.2000). Because Atlas failed to show that it diligently sought to alllend its complaint, the district court did not abuse its discretion In denying Atlas's request. See id. at 1295.
AFFIRMED.
C.A.9 (CaL),201O. Atlas Equity, Inc. v. Chase Bank USA, N.A. 403 Ped.Appx. 190,2010 WL 4462731 (C.A.9 (CaL»
© 2012 Thomson Reuters. No Clailll to Orig. US Gov. Works.
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87a
PRESSLER AND PRESSLER, LLP COUNSELLORS AT LAW
7 Entin Rd. Parsippany. NJ 07054·5020
(973) 753·S 100
Attorney for Plaintiff
NEW CENTURY FINANCIAL SERVICES. INC.,
Plaintiff VS.
AHLAM OUOHLA,
Defendant
P&P File Number 048924
SUPERIOR COURT OF NEW JERSEY HUDSON COUNTY SPECIAL CIVIL PART
DOCKET NO.: DC·004244-12
Civil Action
CERTIFICATION OF MARKO GALIC
Marko Galic, of full age, hereby certifies as follows:
1. I am the Business Development Manager for New Century Financial Services, Inc.
("NCFSI"). I make this certification in opposition to Defendant Ahlam OugWa's motion to
reconsider the May 25, 2012 Order granting NCFSrs motion for summary judgment. I am duly
authorized to make this certification and do so based upon my personal knowledge.
2. As is set forth in my May 11.2012 certification in suppo11 ofNCFSI's motion for
sununary judgment, NCFSI is the present owner by purchase of Credit One Bank account, account
number 44479621 45828657 issued to Defendant (the "Account").
3. I personally participated in the transaction pursuant to which NCFSI acquired the
Account. NCFSI acquired the Account from Sherman Acquisition, LLC on November 30, 2011. A
true copy of the Bill of Sale and Assigrunent together with the information that Sherman
Acquisition, LLC provided to NCFSI at the time of the sale is attached hereto as Exhibit "A".
88a
4. It is my understanding that Defendant is attempting to create the impression that there
were numerous transfers of the Account from and to unrelated entities prior to NCFSI's acquisition
of the Account. Any such impression would be incorrect.
5. I respectfully direct the Court's attention to the fact that the November 30. 2011 Bill
of Sale and Assigrunent is signed by Jon Mazzoli on behalf of Sherman Acquisition, LLC.
6. I have dealt with Mr. Mazzoli on several occasions. At my request, Mr. Mazzoli
provided an affidavit dated May 16, 2012 setting forth the relationship among Sherman Acquisition.
LLC, Sherman Originator, Ill, LLC, Shennan Originator. LLC and L VNV Funding. LLC. A tme
copy of that affidavit is attached hereto as Exhibit "B". As stated therein, the foregoing companies
are subsidiaries under Shennan Financial Group, LLC and are hereafter referred to as "Sherman".
7. It is my uU1her understanding that Defendant now asks why Credit One Bank does
not appear in the chain of title.
8. Attached hereto as Exhibit "e" is a true copy of Mr. Mazzoli's May 16.2009
Affidavit. I obtained same fl'Om Mr. Mazzoli. As set forth therein, MHC Receivables, LLC
purchases and holds various credit card accounts originated by Credit One Bank which accounts are
then serviced by Credit One Bank.
9. Attached hereto as Exhibit "D" is a tlue copy of the periodic Account statement for
the last hilling cycle (the "Charge-off Statement'1. A copy of same is attached as Exhibit "B" to ~7
of the Statement of Material Facts annexed to my May 11,2012 Certification in support ofNCFSI's
motion for summary judgment.
10. I obtained the Charge-off statement from Sherman.
2
89a
I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.
Marko G Ie Business Development Manager New Century Financial Services, Inc.
Dated: June 26, 2012
3
90a
f •
EXHIBIT A
91a
EXHIBIT 1 BILL OF SALE AND ASSIGNMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned Shennan Acquisition LLC ("Assignor"), for good and valuable consideration, the receipt of which is hereby acknowledged, does by these presents, assign, sell, transfer, convey, and set over to New Century Financial Services, Inc. ("Assignee"), its successors and assigns, all rights, title and interest in and to certain charged.offreceivables (the "Charged·off Accounts"), related documents evidencing a security interest in favor of Assignor, liens or other security instruments or encumbrances executed in favor of Assignor, filed and/or created in conjunction with collateral securing the Charged·off Accounts. Such Charged·off Accounts are described in the attached Appendix A and referred to as Charged·off Accounts in the Purchase and Sale Agreement between Assignor and Assignee and dated November 30, 2011.
This Assignment is made without recourse or warranty except as otherwise provided in the Agreement executed by Assignor and Assignee with regard to the Charged·off Accounts and other rights, privileges and documentation referred to herein.
Dated this 30th day of November, 2011
WITNESS
By;A1k Alonso Galvan Vice President
SHERMAN ACQUISITION LLC
By; --~~r-~~~~~---------
Jo
19
92a
AcctlD PortfoliolD Merchant Accou ntN umber ISSN DateOfBirth Prefix i BrwrFirstName BrwrLa stNa m e
!
340873226! 12143 CREDIT ONE BANK, N.A. i4447962145828657 ! I I i Ahlam Oughla
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La stPmtDate I ChgOffDate ! ChgOffBa la nee ! PrincipalBalance IlnterestBalance OtherBa I a nee CurrBalance
! !
03/02/2008 10/05/2008 $723.82 $723.82 $112.80 . $0.00 $836.62
97a
EXHIBITB
98a
•
AFFIDAVIT AND ASSIGNMENT
STATE OF sourn CAROLINA )
) ss.
COUNT OF CHARLESTON )
Jon Mazzoli, being duly sworn, deposes and says:
1. I am a Director for Sherman Capital Markets, LLC, agent for Sherman Financial Group,
LLC and am authorized to make this affidavit of behalf of Shennan Financial Group,
LLC.
2. Sherman Acquisition, LLC, L VNV Funding, LLC, Shennan Originator, LLC and
Sherman Originator III, LLC are affiliates of Shennan Financial Group, LLC.
Sherman Capital Markets, LLC, as agent for
Shennan Financial Group, LLC
By: ----~~~--~~-------
On Ma..~ Ill, ~ 0 I j.. ,before me personally appeared Jon Mazzoli, who, being sworn stated he/she was autho zed on behalf of Sherman Financial Group, LLC to execute the within affidavit.
Notary Public
99a
· " .
EXHIBITC
100a
•
AFFIDAVIT
I, Jon C. Mazzoli, the Authorized Representative for MHC Receivables, LLC (hereafter the "Transferor")
hereby certity as follows:
I. Authorized R~presentative. I, Jon C. Mazzoli. as Authorized Representative, have personal
knowledge of the method and manner by which Transferor originates, services, owns and
manages Visa and MasterCard accounts. As such, I am able to accurately describe the process by
which accounts originated by the Transferor, or affiliates of the Transferor, were sold to third
parties (hereafter "Transferee").
2. Relationship between Credit One Bank and tbe First National Bank of Marin. Credit One
Bank ("Credit One") previously operated under the name First National" Bank of Marin
("FNBM"). FNBM changed its name to Credit One on approximately February I, 2006.
3. Relationship between Credit One and MHC Receivables, LLC. MHC Receivables, LLC
("MHC") purchases and holds Visa and MasterCard Accounts, including Visa and MasterCard
Accounts originated by Credit One. MHC has entered into a servicing agreement whereby Credit
One will continue to service the accounts originated by Credit One and sold to MHC. MHC is the
legal owner of the accounts, remains the owner of the account unless and until and account is
closed or sold. Credit One and the Credit One logo/brand will be used for customer statements,
the physical credit cards, and customer service calls.
4. Transfer Documents. Cardholders receive appropriate notice of these events in accordance with
all state and federal laws. The Agreements that transfer the accounts between Credit One and
MHC are self executing, allow for the accounts to be transferred immediately after origination,
and comply with all state and federal regulations. The transfer between MHC and any subsequent
buyer are evidenced by a Purchase and Sale Agreement and corresponding Bill of Sale.
at
(Notary Public) this l1t..day of.:!1:JA¥., 20...Q ~
C~(}.I{(P~t)('\, ~v .
My Commission Explref. February 1. 2015
101a
EXHIBITD
102a
't .. ,.
VISA Account: 44479621 45828657 Customer Service: 877-825-3242
24/7 Online Account Access: www.CreditOneBank.com
Send Inquiries To: CREDIT ONE BANK P.O. BOX 98873 lAS VEGAS, NV 89193
Statement Closing Date Total Credit Line Available For Purchases Available For Cash New Balance $723.82 10104/08 $300.00 $0.00 $0.00
Payment Due Date 10/29/08
Amount Over Credit Line (OCl) Amount Past Due $423.82 $159.00
Amount Due This Period $593.82
Minimum Payment Due $723.82
To avoid OCL fees, pay the greater of the RAmount OCL R or the RMinimum Payment Due ft by the due date.
Trans Date Post Date
10/04 10104
10104 10/04
Account Summary
Reference Number Activity Since last Statement
SERVICE CHARGE CLOSED ACCT. MAINT FEE 'FINANCE CHARGE" LATE FEE
'FINANCE CHARGE" PURCHASES $12.28 CASH ADVANCE $0.00
YOUR ACCOUNT IS SCHEDULED TO BE CHARGED OFF.
Previous Balance
$679.54
THE BALANCE WILL BE DUE IN FULL. CALL (888) 729-6274.
YOUR ACCOUNT IS CURRENTLY CLOSED.
(+) Purchases, Fees, (-) Payments & Charges & Advances Credits
$29.00 $0.00
(+) FINANCE CHARGE included in APR
$15.28
Amount
3.00 29.00 12.28
(=) New Balance
$723.82
Da~s This Billin~ Period: 30
Rate Summary Average Daily Monthly Periodic Corresponding ANNUAL PERCENTAGE Balance Rate APR RATE (APR)
PURCHASES $616.28 1.992% 23.90% 29.75% CASH ADVANCES $0.00 1.992% 23.90% 23.90%
SEND PAYMENTS TO; P.O. BOX 60500 CITY OF INDUSTRY, CA 91716-0500
Make check or money order payable in U.S. doliars on a U.S. bank to Credit One Bank. Include account number on check or money order. No cash plea.o.
5385 0001 H8G 7 4 081003 C X Page 1 of 1 5727 9620 CM76 01BU5385 11814
o
Payment Due Date Your New Balance
10/29/08 $723.82
For address and telephone changes. please check the box and complete reverse side.
~REDIT ONE BANK c?T~06F6~~8USTRY CA 91716-0500
11,1"",111",1",11,11"11""1,1,11",11,,,11,,,11,"",111
Your Account Number
44479621 45828657
Minimum Payment Due Please Enter Amount Of Payment Enclo.ed
$723.82 $
To ensure proper credit. please return this portion with your payment Please write your account number on your check. made payable to CREDIT ONE BANK. We may process your payment electronically. See payments paragraph on back.
AHLAM 9UGHLA 11814 109 66 H ST # 2 WEST NEW YORk NJ 07093-3106
111",1",111",1,1""11",11""1111,,,,11,,11,,,1,1,",I,ll
0072382 0072382 4447962145828657 7
103a
PHILIP D. STERN & ASSOCIATES, LLC ATTORNEYS AT LAW
697 Valley Street, Suite 2d Maplewood, NJ 07040 (973) 379-7500 Attorneys for Defendant, Ahlam Oughla
NEW CENTURY FINANCIAL SERVICES, INC., Plaintiff
vs.
AHLAM OUGHLA, Defendant.
F I LED
Sep 14,2012
HON. MARTHA ROYSTER
SUPERIOR COURT OF NEW JERSEY LAW DIVISION
HUDSON COUNTY - SPECIAL CIVIL PART
Civil Action Docket No. HUD-DC-4244-12 Judgment No. VJ-008822-12
ORDER STAYING ENFORCEMENT PENDING APPEAL AND AUTHORIZING
CASH DEPOSIT TO THE SUPERIOR COURT TRUST FUND
This matter having been opened to the Court on the motion filed by Philip D.
Stern & Associates, LLC, Attorneys for Defendant, Ahlam Oughla, for an order staying
enforcement of the judgment pending appeal; and it appearing that the Court granted
Plaintiff's Motion for Summary Judgment by Order filed May 25, 2012, that the Clerk
entered judgment on June 12, 2012 as Judgment No. VJ-008822-12 ("Judgment") in
the total amount of $793.91, and that post-judgment interest from May 25, 2012 to
August 25, 2012 is $0.99, and that good cause exists for staying enforcement pending
appeal conditioned on Defendant depositing $794.90 with the Court on or before
August 25, 2012;
IT IS ON THIS 14 DAY OF September, 2012 ; ORDERED:
1. Defendant's Motion is GRANTED.
2. Enforcement of the Judgment (Judgment No. VJ-008822-12) be and
hereby is STAYED, and any pending execution be and hereby is cancelled and any levy
vacated.
3. As a condition of this stay, on or before August 25, 2012, Defendant shall
deposit with the Trust Fund Unit in the Clerk's Office of the Superior Court of New
Jersey, the sum of $794.90. The Trust Fund Unit is hereby authorized to accept and
Page 1 of 2
104a
deposit those funds. In accordance with the Trust Fund Unit's guide,
http://www.judiciary.state.nj.us/civil/superior court trust fund. pdf, payment shall be
made by check in the amount of $794.90 payable to the order of "Superior Court of
New Jersey" and sent by Defendant's counsel, along with two copies of this Order and
a return envelope for a copy of the recei pt, to:
SUPERIOR COURT OF NJ TRUST FUND UNIT ATTN: JANE C RICKENBACH ESQ 25 MARKET ST PO BOX 971 TRENTON NJ 08625
4. Defendant's counsel shall provide Plaintiff's counsel with a copy of the
receipt promptly after receipt from the Trust Fund Unit.
5. If Defendant fails to make the deposit as provided in this Order, Plaintiff
may move to vacate this Order.
6. Withdrawal of the funds on deposit shall be in accordance with the Rules
of this Court and the guidelines of the Trust Fund Unit in effect at that time of
withdrawal:
a. If the Judgment is reversed, vacated or otherwise rendered
unenforceable, Defendant may withdraw the funds on deposit including
accrued interest.
b. If the Judgment is affirmed or if the appeal is dismissed or withdrawn,
Plaintiff may withdraw the funds on deposit including accrued interest.
7. A true copy of this Order shall be served on all parties or their respective
counsel wi thin seven days after recei pt from this Court.
Opposed: __ Yes ~o HONORABLE MARTHA T. ROYSTER, J.S.C.
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