Appellant's Appendix - Philip D. Stern

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

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(H) Unpublished Opinions (Contrary unpublished opinions are unknown to counsel.)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 i

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 ii

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 (9 th 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.
New Century Financial Services, Inc. vs. Ahlam Oughla, Docket No. A-006078-11T4
page iii

RECEIVED THURSDAY 2/16/20121 :04:35 PM 8890667
FILED Feb 16,2012
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)
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
interest to the date of judgment plus costs.
accruing
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)
from
all
PRESSLER and PRESSLER, LLP
Attorneys for Plaintiff(s)
By: S/Ralph Gulko
Ralph Gulko
1a

FILED Mar 20,2012
New Centwy Financial Services
Plaintiff's Name
Pressler & Pressler 7 Entin Road
Street Address
Pilrsippany, NJ, 07054
... ·.·Town, State, Zip Code
.'
(973) 753-5100
Telepbone Number
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
vs.
Superior Court Of New Jersey
Law Division, Special

048924
PRESSLER AND PRESSLER, L. L. P.
COUNSELLORS AT LAW
I Entin Rd.
Parsippany. NJ 07054-5020
(973) 753-~100
TEAM A
P&P File # 048924
FEE: NO FEE ITEM
F I LED
May 25,2012
HON. MARTHA ROYSTER
Attorney for Plaintiff
NEW CENTURY FINANCIAL SERVICES,
INC.
vs.
AHLAM OUGHLA
Plaintiff
Defendants
SUPERIOR COURT OF NEW JERSEY:
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
and
for
and
IT IS on the 25th
day of May
2012
ORDERED THAT Summary Judgment be and hereby is
favor of the Plaintiff and against the Defendant(s) AHLAM
the sum of $725.40 plus costs.
[Xl Opposed
[ 1 Unopposed
in
'121-----· ' ---L-----fl----
J.S.C
Further ORDERED that a copy of this order
shall be served on all parties within 7 days
of the date herein.
3a

F I LED
Jul27,2012
HON. MARTHA ROYSTER
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
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
4a

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
PHILIP D. STERN & ASSOCIATES, LLC
ATTORNEYS AT LAW
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
3. Steven A. Lang, Esq.
Pressler & Pressler, LLP
7 Entin Road
Parsippany, NJ 07054-5020
• __ ---'" •. ..0
2. Superior Court of NJ
Special Civil Case Management Office
595 Newark Ave., Room 711
Jersey City, NJ 07306
Page 1
•
5a

New Jersey Judiciary
~ ~~ ~'"
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(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
Date of Service
August 10, 2012
August 10,2012
Name and Designation Attorney Name, Address and Telephone No,
New Century Financial Services. Prcssler& Pressler, LLP, 7 Entin Road, Parsippany, NJ 07054
Inc. - PlaintifflRespondent (973) 753-5100
Date of Service
August 10,2012
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
Date of
Service
August 9, 2012
August I 0,20 12
August 9, 2012
Amount of
Deposit
S350.00
(13) Exempt from submitting the transcript request form due to the following:
D No verbatim record.
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 __.___
DATE
(15Ls!!,H1LI.~_J).C§TE~!'I.....___.___._.______________
SIGNATURE OF ATTORNEY OR PRO SE LITIGANT
Page 2 01 2
7a

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til
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~ ~
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Please type or clearly print an information.
New Jersey Judiciary
Superior Court - Appellate Division
CIVIL CASE INFORMATION STATEMENT
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
CLIENT
Philip D. Stern
I
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
Steven A. Lang, Esq., Pressler & Pressler, LLP
I CLIENT
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.
(6) 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?
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
(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.)
0 NO
Were any claims dismissed without prejudice?
If so. explain and indicate any agreement between the parties concerning future disposition of those claims.
DYES iii NO
(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 I"", A Ilate Civil CIS
.,m
8a

(9)
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.
(10 )
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:
(11 )
(12)
(13)
(14)
(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.
(15)
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.
(16)
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 . CN.
.,.
500 (ppeHate
, C;v (I CISI page 2 012
9a

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
10a

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
11a

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
12a

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
13a

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.
14a

· .
New Jersey Jlldlciary
Supell, Ir Court • Appellate DivisIon
CO ,.I ~T TRANse RIPT REQUEST
F'lea~ type or deal1y pr!nt fllllnfO~n
Instructions:
1. Complete all intonnolion
2. File a separate l"9Quest fer each court (( II: liter or court cJllrk who mcordod a portion of the proeoeciing
3, Attach the App"lIata Division or Sup",,"" ~curt Cle",', CfoPY to tho Notice of Appeal (B. 2:5.1(1))
4. Attach tranScript fee.
PLAINTIFF(S) (1l TRIAL COURT DOCKET NUMBER (2)
NEW CENTURY FINANCIAL SI'YVICLS.IN('.
I II I.; J)·DC·4244· I 2
v. I COUNTY I OOURT (3)
DEFENDANT(S) AI-IL.i\i'd (lUG!'IL!\ !IIUDSON. SPECIAL CIVIL PART
REQUESnNG PARTY-{4J
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NAME! ADDRESS (C," RT REPORn:R "C1JURT CLERK (~sound n!COfded))
Sup" ,or Court oCNe .. J

I ADMINISTRATIVE OFFICE OF THE COURTS
~ate of New Jersey
CERTIFICATION OF TRANSCRIPT COMPLETION AND DELIVERY
INSTRUCTIONS:
1. Original to the Clerk(Appellate Division or Supreme Court) With all transcript copies pertaining to this case
2. One (1) copy to Deputy Clerk, Appellate Division
3. Requesting Party :PHILlP STERN
NEW CENTURY FINANCIAL SERVICES, INC. VS AHLAM OUGHLA
COUNTY: HUDSON
APPELLATE COURT DOCKET NUMBER: A -006078-11-T4
-.
LOWER COURT DOCKET NUMBER: DC-4244·12
LOWER COURT: CIVIL
TRANSCRIPT INFORMATION
PROCEEDING PROCEEDING COURT REPORTER I
DATE TYPE TRANSCRIBER
TRANSMITTED
PAGES
TRANSMITTED
DATES
REJECTION
REASON
07/27/2012 MOTION KU TRANSCRIPTION
SERVICE - KA THY
MURRAY
46 08/21/2012
CERTIFIED BY,
#.~~ ",0IJl3

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,
v.
Plaintiff-Respondent,
U. SHARMA a/k/a UDI SHARMA,
Defendant-Appellant.
____________________________________________________
Submitted February 15, 2011 - Decided
March 4, 2011
PER CURIAM
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.
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,
17a

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.
2
A-2822-09T2
18a

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.
3
A-2822-09T2
19a

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
4
A-2822-09T2
20a

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
5
A-2822-09T2
21a

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.
. . . .
6
A-2822-09T2
22a

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.
7
A-2822-09T2
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,
v.
Plaintiff-Appellant,
HARRY J. KUMBARIS,
Defendant-Respondent.
______________________________________________________
Submitted October 12, 2011 - Decided
December 7, 2011
PER CURIAM
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).
Plaintiff, Cavalry Portfolio Services, LLC, appeals from
judgment entered in favor of defendant, Harry J. Kumburis,
24a

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.
2
A-2062-10T4
25a

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
3
A-2062-10T4
26a

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 . . . .
4
A-2062-10T4
27a

[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
5
A-2062-10T4
28a

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
6
A-2062-10T4
29a

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
7
A-2062-10T4
30a

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).
8
A-2062-10T4
31a

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
9
A-2062-10T4
32a

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
10
A-2062-10T4
33a

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.
11
A-2062-10T4
34a

..
.' ~"'" ....
~,
Ahlam Oughla
109 66 th street apt 2
West New York, NJ 07093
} 05/0112012
To:
RE:
Pressler and Pressler
7 Entin Road
Parsippany, NJ 07054
New Century Financial Services, Inc. vs. Ahlarn Oughla
Superior Court of New Jersey: Law Division
Hudson special Civil Part
Docket DC-0044244-12
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.
35a

New Century Financial Services, Inc.
Plaintiff
Vs
AhIam Oughla
Defendant
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
To: Pressler and Pressler
7 Entin Road
Parsippany, NJ 07054
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.
36a

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:
37a

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.
Page 1 of 2
38a

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
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
Page 2 of 2
39a

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
PRESSLER AND PRESSLER,LLP
COUNSELLORS AT LAW
7 Entin Rd.
Parsippany, NJ 07054-5020
Off: (973) 753-5100
Fax: (973) 753-5353
DANIEL B SULLIVAN
DALE L GELBER
GINA M LO BUE (NJ & NY]
EDWARD STOCK (PA ONLy]
NICHOLAS J MADONIA
CHRISTOPHER P ODOGBILI
DARYL J KIPNIS
GLEN H CHULSKY
MICHAEL J PETERS
RITAE AYOUB
THOIV\A.S M BROGAN
STEVEN A LANG
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\)
NY Office:
PA Office
305 Broadway, 9 th 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
OFFICE HOURS
Monday- Thursday 8am-9pm
Friday 8am-7pm
Saturday 9am-2pm
05/14/12
Motion
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
40a

048924
PRESSLER MD PRESSLER, L.L.P.
COUNSELLORS AT LAW
7 Ent"in Rd.
Parsippany, NJ 07054-5020
(973) 153-5100
TEAM A
P&P File # 048924
FEE: NO FEE ITEM
Attorney for Plaintiff
NEW CENTURY FINANCIAL SERVICES,
INC.
Plaintiff
vs
Al-ILAM OUGHLA
Defendant
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
HUDSON Special Civil Part
Docket No DC-004244-12
CIVIL ACTION
NOTICE OF MOTION
SUMMARY JUDGMENT
TO:
AHLAM OUGHLA
109 66TH ST APT 2
WEST NEW YORK, NJ 070933106
TAKE NOTICE that the undersigned will apply to the above named court at
SPECIAL CIVIL CASE MGMT OFFICE 595 NEWARK AVE, ROOM 711 JERSEY CITY, NJ 07306
for entry of an Order entering Summary Judgment in favor of the Plaintiff and
against the Defendant, AHLAM OUGHLA in the sum of $725.40 plus costs upon the
following grounds:
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.
41a

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 are
requesting that a decision be entered against you because we say that the
important facts are not in dispute and the law entitles us to a judgment. 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.
DATED: 05/14/12
PRESSLER, LLP
42a

STATEMENT OF MATERIAL FACTS
P&P File Number 048924
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 66 th 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.
43a

TEAM A
P&P File # 048924
FEE: NO FEE ITEM
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
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION HUDSON
Special Civil Part
vs.
DOCKET NO. DC-004244-12
AHLAM OUGHLA
Civil Action
CERTIFICATION IN SUPPORT OF
SUMMARY JUDGMENT
Defendants
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
44a

"ChgOffBalance", is ........................... .
$723.82
(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 .............................. .
$1. 58
(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 .................................... .
$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.
I
that
am
DATED: 05/11/12
45a

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,
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
N.A.
46a

4447962145828657
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'
Previeus Balance
As of 12/02/11
$723.82
Transactions
$0.00
Credits
See Below
$0.00
Inlerest
See Below
$1. 58
Other Charges
(Collection/Attorney Fees)
$0.00
New Balance
$725.40
Periodic Rates: Presently none
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
Days Taxable
Curr Rt Daily Int
New Rate
Int Bal
New Int
App Int
Prin Bal
App Prin
Cost Bal
New Cost
App Cost
Payment Bal Carr
+Charges
App Canst -App Pay
12/02/11
START
05/10/12
RATE CHG
0 723.82
0.50 0.0099
0.50
160 723.82
0.50 0.0099
0.50
0.00
0.00
0.00
0.00
1. 58
0.00
723.82
0.00
723.82
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00 723.82
+0.00
0.00 -0.00
0.00 723.82
+1.58
0.00 -0.00
Balance 725.40
Total Accumulated Interest 1.58 Ending Rate 0.50
47a

Exhibit A
48a

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
49a

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
ttlJ::ft::;::
By
Title: Authorized Representative
L VNV Funding LLC
a Delaware Limited Liability Company
By: :=z::.a:.. -

Receivables File
11.17.08
Transfer Group
105580
Portfolio
12143
Exhibit A
Transfer Batch
N/A
51a

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
L VNV Funding LLC
a Delaware Limited Liability Company
By: ~_ --

Receivables File
11.30.11
Transfer Group
209950
Portfolio
Exhibit A
Transfer Batch
139172
53a

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 30 th day of November, 2011
By:dfk
WITNESS
SHERMAN ACQUISITION LLC
Alonso Galvan
Vice President
19
54a

Exhibit B
55a

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
10/04/08 $300.00 $0.00 $0.00
$723.82
Payment Due Date Amount Over Credit Line (OCl) Amount Past Due Amount Due This Period Minimum Payment Due
10/29/08 $423.82 $159.00 $593.82
$723.82
To avoid DCL fees, pay the greater of the "Amount DCL" or the "Minimum Payment Due" by the due date.
Trans Date
10/04
10/04
Post Date
10/04
10/04
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
Amount
3.00
29.00
12.28
YOUR ACCOUNT IS SCHEDULED TO BE CHARGED OFF.
THE BALANCE WILL BE DUE IN FULL. CALL (888)
729-6274.
YOUR ACCOUNT IS CURRENTLY CLOSED.
Account Summary
Previous
Balance
(+) Purchases, Fees.
Charges & Advances
(-) Payments & (+) FINANCE CHARGE
Credits
included in APR
(=) New
Balance
$679.54
$29.00 $0.00 $15.28
$723.82
Days This Billing Period: 30
Rate Summary
Average Daily
Balance
Monthly Periodic
Rate
Corresponding
APR
ANNUAL PERCENTAGE
RATE (APR)
PURCHASES
CASH ADVANCES
$616.28
$0.00
1.992%
1.992%
23.90%
23.90%
29.75%
23.90%
SEND PAYMENTS TO: P.O. BOX 60500 CrrY OF INDUSTRY, CA 91716-0500
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
Your Account Number
44479621 45828657
Payment Due Date
Your New Balanoe
10/29/08 $723.82
Minimum Payment Due Please Enter Amount Of Payment Enclosed
$723.82 $
D
For address and telephone changes, please check the box
and complete reverse side.
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.
~§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
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
56a

SUBSTITUTION PAGE
Defendant’s Answer, which was attached here as Exhibit C to
Plaintiff’s Motion for Summary Judgment, appears at Da2.
57a

Exhibit D
58a

AhlamOugWa
1 09 66 th street apt 2
West New York, NJ 07093
05/0112012
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,
\
,
I
I
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
1
!
59a

I ,
\
i ,
:
New Century Financial Services, INC.
Plaintiff
Vs
Ahlam Oughla
Defendant
Superior Court of New Jersey
Law Division
Hudson Special Civil Part
Docket Number DC-004244-12
Civil Action
Answer to Interrogatories
Dated 05/01112
\
; \
To: Pressler and Pressler
7 Entin Road
Parsippany, NJ 07054
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
\
60a

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 66 th 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-
61a

TEAM A
P&P File # 048924
FEE: NO FEE ITEM
PRESSLER ~D PRESSLER, L.L.P.
COUNSELLORS AT LAW
7 Entin Rd.
Parsippany. NJ 07054-5020
(9"/3) 753-5100
Attorney for Plaintiff
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
Civil Action
Defendant
PROOF OF MAILING
On 05/14/12 , I, the undersigned, employed by
Pressler and Pressler, LLP , attorneys for the plaintiff,
NEW CENTURY FINANCIAL SERVICES, INC. ,in the above
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
62a

048924
PRESSLER MD PRESSLER, L.L.P.
CQUW;r;LLQRS AT LAW
7 Entin Rd.
Parsippany, NJ 07054-5020
(973) "'~3-5100
TEAM A
P&p File # 048924
FEE: NO FEE ITEM
Attorney for Plaintiff
NEW CENTURY FINANCIAL SERVICES,
INC.
vs.
AHLAM OUGHLA
Plaintiff
Defendants
SUPERIOR COURT OF NEW JERSEY:
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
and
for
and
IT IS on the day of 2012
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
63a

\
Ahlam Oughla
Your Name (first, middle, last)
Superior Court Of New Jersey
Law Division, Civil Part
_H_U_d_so_n~ ______ ~G1~~ Counry
109 66th Street Apt 2
Street Address
Docket No, DC-{)04244-12
West New York, NJ, 07093
Town,St.te,ZipCode RE
--=(64=6)6=57-=-96=56-----=--,---..,.-----,-;--;-_--.;: = C EIV e D
Telephone Number
New Century Financial SerVlteS ( 1"" IlAY 2~.
~~~~~~~~P~I.~in~h~·ff~~~------
Ahlam Oughla
YS.
Defendant
~.~
ft Certification in
Opposition to Motion
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
64a

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
Name
Pressler & Pressler
Address 7 Entin Road Parsippany, NJ 07054
Attorney for
Date: 05/24/2012
Attorney for New Centyrv Financial Services I", .
i
Signature ~-=11E.~~~~~~s-::---..~=-__
Ahlam Oughla
(print or typa your name)
'"
U.S. Postal Service'M
CERTIFIED MAIL'M RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
~~~P:'~~~-~;=~~~:~!!~~A~l:::U:S:~'E~'~~
or $1 10 /~ 1-.... ,\
~ Relum:::~;:: $2.95 IJ oa 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
65a

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
66a

; Exhibit A
67a

MAURICE H. PRESSlER (1930-2002)
SHElOilN H. PRESSLER
GERARDJ. FELT
STEVEN P. McCABE
LAWRENCE J. McDERMOTT. JR
PRESSLER AND PRESSLER,LLP
COUNSELLORS AT LAW
lEntin Rd.
Parsippany, NJ 07054·5020
Off: (973) 753-5100
I=a,,: (973) 753-5353
OANIEL B, SUlliVAN
DALE L GELBER
GINA M. LO BUE (NJ & NY)
EOWARD $TOCK (PAONl YI
NICHOlAS J. MADONIA
CHRI$rOPHt:" P. OOOGBiU
DARYL J. KIPNIS
GlEN H. CHUlSKY
MICHAEl J. PETERS
RITA E. AYOUB
THOMAS M. BROGAN
5 rEVEN A. lAN(;
MITCHELL L WILLIAMSON (NJ 8, NY)
FRANCtSX. GRIMES {NJ & PAl
DARREN H. TANAKA (NJ 8, NY)
JOANNE L O'AURIZ1D (DC ,FL, NJ & NY)
MITCHELL E. ZIPKIN (NJ & NY)
CRAIG S. STillER (NY ONt YI
RAlPH GULKO (NJ ,NV & PA)
NY OffICe:
PA Office
305 Broadway, 9" Floor 804 West Avenue
New Yorl

...
'.
••
• FORMCC
N~w ~h,wCt"'~V{1. b\/A.",IA,,\ t~V\o.."'(A~c~\Sn\)~(.e) St~vlc.t) I"'L. I..L.
Plaintiff's Plaintiffs Name f ( liSt, "st, middle, last) .'
110 no ~ $ou)l.5tnt'f,W'" 5ou~ ·XntXSf)l.. "Ro,,& 'Re~& ~\)~'~l-' 'S,\J\~t- \04
Address Addres.
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
SPECIAL CIVIL PART
~\\J\;)rrose. c.?rrOSe. Mi"l L. d""'- d01'"" J"J~....e J.,J'a.....e ..... L,tl 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) onlY)
On this ______ day of ______ 20 __
it is ORDERED thaI that
it is FURTHER ORDERED that a copy of this Order be tie served by the moving party upon all other parties or
, . :
their attorneys, attomeys, if any, within ___ days of the date listed above. above,
This motion'was~'
motion'was:'
Opposed
Unopposed
Revised 0612008, CN 10543-Engiish 10543-English (How to File a Motion in the Che Special Speaal Civil CivIl Part)
J.S.C.
Pag.9019
Page 90f9
69a

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
Re:
ELECTRONIC FILING TRANSMITTAL SHEET
for Judiciary Electronic Filing System (JEFIS)
New Century Financial Services, Inc. vs. Ahlam Oughla
Docket No. H U D-DC-4244-12
Filer:
Document Type:
Philip D. Stern, Esq.
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
70a

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
LAW DIVISION
HUDSON COUNTY - SPECIAL CIVIL
PART
Civil Action
Docket No. HUD-DC-4244-12
NOTICE OF MOTION
AND PROOF OF SERVICE
TO:
Daryl J. Kipnis, Esq.
Pressler & Pressler, LLP
7 Entin Road
Parsippany, NJ 07054-9944
Attorneys for Plaintiff
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
71a

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
s/Philip D. Stem
Philip D. Stern
Page 2
72a

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
PRESSLER AND PRESSLER,LLP
COUNSELLORS AT LAW
7 Entin Rd.
Parsippany, NJ 07054-5020
Off: (973) 753-5100
Fax: (973) 753-5353
DANIEL B SULLIVAN
DALE L GELBER
GINA M LO BUE (NJ & NY]
EDWARD STOCK (PA ONLy]
NICHOLAS J MADONIA
CHRISTOPHER P ODOGBILI
DARYL J KIPNIS
GLEN H CHULSKY
MICHAEL J PETERS
RITAE AYOUB
THOIV\A.S M BROGAN
STEVEN A LANG
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\)
NY Office:
PA Office
305 Broadway, 9 th 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
OFFICE HOURS
Monday- Thursday 8am-9pm
Friday 8am-7pm
Saturday 9am-2pm
07/02/12
Objection-motion
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
73a

PRESSLER AND PRESSLER, LLP
COUNSELLORS AT LAW
7 Entin Rd.
Parsippany, NJ 07054-5020
(973) 753-5100
P&P File Number 048924
Attorney for Plaintiff
NEW CENTURY FINANCIAL SERVICES, INC.
Plaintiff
vs.
AHLAM OUGHLA
Defendant
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 (9 th
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.
74a

· .
EXHIBIT A
75a

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
76a

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
( 3) CCC
CURR ACCT
77a

END -- EXPERIAN
78a

EXHIBITB
79a

PAGE 1 DATE 10-20-2009 TIME 22:27:13 VAOl TNJl
AHLAM OUGHLA
109 66TH ST # 2
WEST NEW YORK NJ 070933106
SS:
586
*CREDIT ONE BANK
10-07
3278143 BC CRC REV 1 12-12-08
444796214582 3-08
SOLD TO: SOLD TO ANOTHER LENDER
$300-L
$723
$723-C CHARGOFF DELINQ 180
11-08 (14) LL654321CCCCC
$723 C
1\ -e d CLC fed
80a

*LVNV FUNDING LLC 11-08
1623040 FU FCO 1
4447962145828657
1 10-13-09
ORIGINAL CREDITOR: MARIN
$724-0
$855 1-09
$855
COLLACCT
(10) GGGGGGGGGG
81a

END -- EXPERIAN
82a

. '
EXHIBITC
83a

Page 1
403 Fed.Appx. 190,2010 WL 4462731 (C.A.9 (CaL»
(Not Selected for pubUcadon in the Federal Reporter)
(Cite as: 403 Fed.Appx. 190,2010 WL 4462731 (C.A.9 (Cal.)))
C
TItis case was not selected for publication in the Federal
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)
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
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.
ill Sales 343 €;:;:;::>3.1
West Headnotes
14J. Sales
3431 Requisites and Validity of Contract
343k3 Sale Distinguished from Other Transactions
343k3.1 k. In general. 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.
84a

Page 2
403 Fed.Appx. ]90,20]0 WL 446273 I (C.A.9 (CaL)
(Not Selected for publication in the Federal Reporter)
(Cite as: 403 Fed.Appx. 190,2010 WL 4462731 (C.A.9 (Cal.»)
shall be eligible for sale" and to sell to buyer's COInpetitors.
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 Delaware
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. 182--K, 2006 WL 3289582, at >1

Page 3
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 satisfied
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.
86a

P&P File Number 048924
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,
SUPERIOR COURT OF NEW JERSEY
HUDSON COUNTY SPECIAL CIVIL PART
DOCKET NO.: DC·004244-12
Civil Action
CERTIFICATION OF MARKO GALIC
Defendant
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".
87a

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
88a

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
89a

f
•
EXHIBIT A
90a

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 30 th day of November, 2011
By;A1k
WITNESS
Alonso Galvan
Vice President
SHERMAN ACQUISITION LLC
By;
--~~r-~~~~~---------
Jo
19
91a

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
96a

EXHIBITB
97a

•
AFFIDAVIT AND ASSIGNMENT
STATE OF sourn CAROLINA )
COUNT OF CHARLESTON )
) ss.
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:
----~~~--~~-------
Ill, ~ 0 I j.. ,before me personally appeared Jon Mazzoli, who, being sworn stated he/she
On Ma..~
was autho zed on behalf of Sherman Financial Group, LLC to execute the within affidavit.
Notary Public
98a

· " .
EXHIBITC
99a

•
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
100a

EXHIBITD
101a

'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
10104/08 $300.00 $0.00 $0.00
$723.82
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
10/04
10104
Post Date
10104
10/04
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
Amount
3.00
29.00
12.28
YOUR ACCOUNT IS SCHEDULED TO BE CHARGED OFF.
THE BALANCE WILL BE DUE IN FULL. CALL (888)
729-6274.
YOUR ACCOUNT IS CURRENTLY CLOSED.
Account Summary
Previous
Balance
(+) Purchases, Fees, (-) Payments &
Charges & Advances
Credits
(+) FINANCE CHARGE
included in APR
(=) New
Balance
$679.54
$29.00 $0.00
$15.28
$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
Your Account Number
44479621 45828657
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.
Minimum Payment Due
$723.82 $
Please Enter Amount Of Payment Enclo.ed
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.
~REDIT
ONE BANK
c?T~06F6~~8USTRY CA 91716-0500
11,1"",111",1",11,11"11""1,1,11",11,,,11,,,11,"",111
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
102a

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
103a

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.
Page 2 of2
104a