Appellant's Appendix - Philip D. Stern

More documents

Recommendations

Info

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
Page 1 and 2: Superior Court of New Jersey Appell
Page 3 and 4: Summary Judgment Motion Statement i
Page 5 and 6: RECEIVED THURSDAY 2/16/20121 :04:35
Page 7 and 8: 048924 PRESSLER AND PRESSLER, L. L.
Page 9 and 10: PHILIP D. STERN NJ & DC Bars pstem@
Page 11 and 12: (11) Notice of appeal and attached
Page 13 and 14: (9) TO THE EXTENT POSSIBLE, LIST TH
Page 15 and 16: from Shennan Acquisition to Plainti
Page 17 and 18: evidence addressing each element of
Page 19 and 20: · . New Jersey Jlldlciary Supell,
Page 21 and 22: NOT FOR PUBLICATION WITHOUT THE APP
Page 23 and 24: On December 15, 2009, plaintiff fil
Page 25 and 26: accountholders who have delinquent
Page 27 and 28: 15. . . . Plaintiff has not provide
Page 29 and 30: dismissing plaintiff's complaint fo
Page 31 and 32: that the parties were directed to a
Page 33 and 34: of discretion." Hisenaj v. Kuehner,
Page 35 and 36: of the parties, and even though the
Page 37 and 38: contend[ed] that . . . Summit faile
Page 39 and 40: .. .' ~"'" .... ~, Ahlam Oughla 109
Page 41 and 42: I. Provide a copy of the applicable
Page 43 and 44: Plaintiff’s Motion for Summary Ju
Page 45: 048924 PRESSLER MD PRESSLER, L.L.P.
Page 49 and 50: "ChgOffBalance", is ...............
Page 51 and 52: 4447962145828657 INTEREST REPORT Fr
Page 53 and 54: ASSIGNMENT OF ACCQl)NTS AND BILL OF
Page 55 and 56: Receivables File 11.17.08 Transfer
Page 57 and 58: Receivables File 11.30.11 Transfer
Page 59 and 60: Exhibit B 55a
Page 61 and 62: SUBSTITUTION PAGE Defendant’s Ans
Page 63 and 64: AhlamOugWa 1 09 66 th street apt 2
Page 65 and 66: ANS. Objection 1. Plaintiff has no
Page 67 and 68: 048924 PRESSLER MD PRESSLER, L.L.P.
Page 69 and 70: CERTIFICATION OF SERVICE I further
Page 71 and 72: ; Exhibit A 67a
Page 73 and 74: ... '. •• • FORMCC N~w ~h,wCt
Page 75 and 76: PHILIP D. STERN & ASSOCIATES, LLC A
Page 77 and 78: RECEIVED MONDAY 7/2/2012 3:52:05 PM
Page 79 and 80: · . EXHIBIT A 75a
Page 81 and 82: CREDIT ONE BANK 3278143 BC CRC REV
Page 83 and 84: EXHIBITB 79a
Page 85 and 86: *LVNV FUNDING LLC 11-08 1623040 FU
Page 87 and 88: . ' EXHIBITC 83a
Page 89 and 90: Page 2 403 Fed.Appx. ]90,20]0 WL 44
Page 91 and 92: P&P File Number 048924 PRESSLER AND
Page 93 and 94: I certify that the foregoing statem
Page 95 and 96: EXHIBIT 1 BILL OF SALE AND ASSIGNME
Page 97 and 98:
93a Q) E !'O Z a. E LU \----- Q) c:
Page 99 and 100:
95a QJ .... 10 0 " c 0 a 0 '';::: N
Page 101 and 102:
EXHIBITB 97a
Page 103 and 104:
· " . EXHIBITC 99a
Page 105 and 106:
EXHIBITD 101a
Page 107 and 108:
PHILIP D. STERN & ASSOCIATES, LLC A
show all

Appellant's Appendix - Philip D. Stern

Create successful ePaper yourself

Delete template?

Save as template?