Superior Court of New Jersey

Appellate Division

NEW CENTURY FINANCIAL SERVICES, INC., Plaintiff-Respondent, vs. AHLAM OUGHLA, Defendant-Appellant.

Civil Action

Docket No. A-006078-11T4

On appeal from: Judgment of the Law Division,

Special Civil Part, Hudson County Docket No. HUD-DC-004244-12

Sat below:

Honorable Martha T. Royster, J.S.C.

APPENDIX OF DEFENDANT-APPELLANT, AHLAM OUGHLA

Philip D. Stern & Associates, LLC 697 Valley Street, Suite 2d Maplewood, NJ 07040 (973) 379-7500 Attorneys for Defendant, Ahlam Oughla Philip D. Stern, on the brief

New Century Financial Services, Inc. vs. Ahlam Oughla, Docket No. A-006078-11T4 page i

APPELLANT’S APPENDIX

TABLE OF CONTENTS Following the order set forth in R. 2:6-1(a)

(A) In Civil matters, the pretrial order and pleadings: Complaint filed February 16, 2012 .......................................................... 1a Answer filed March 20, 2012 .................................................................. 2a

(B) In Criminal matters, the indictment, accusation or complaint ... Not Applicable

(C) Judgment or Order Sought to Be Reviewed Order Granting Summary Judgment filed May 25, 2012 ......................... 3a Order Denying Reconsideration filed July 27, 2012 ................................ 4a

(D) Trial Judge’s Opinions or Statement of Facts and Conclusions of Law ..... None

(E) Statement of Proceedings in lieu of record pursuant to R. 2:5-3(f) .......... None

(F) Notice of Appeal filed August 13, 2012 ........................................................ 5a Appellant’s Case Information Statement .................................................. 8a Orders Being Appealed .......................................................................... 14a Appellant’s Court Transcript Request .................................................... 15a

(G) Transcript Delivery Notification per R. 2:5-3(e) ......................................... 16a

(H) Unpublished Opinions (Contrary unpublished opinions are unknown to counsel.) Cavalry Portfolio Services, LLC v. Sharma, Docket No. A-2822-09T2 (N.J.

App. Div. March 4, 2011) ...................................................................... 17a Calvary Portfolio, LLC v. Kumbaris, Docket No. A2062-10T4 (N.J. App. Div.

December 7, 2011) ................................................................................ 24a

(I) Other parts of the record (see, R. 2:5-4(a)) essential to proper consideration of the issues: Defendant’s Discovery Requests ............................................................. 35a

New Century Financial Services, Inc. vs. Ahlam Oughla, Docket No. A-006078-11T4 page ii

Summary Judgment Motion

Statement in Accordance with R. 2:6-1(a) of All Items Submitted to the Trial Court on Motion for Summary Judgment ......................................................... 38a

Plaintiff’s Motion for Summary Judgment filed May 14, 2012 ........................ 40a Notice of Motion .................................................................................... 41a Statement of Material Facts ................................................................... 43a Certification in Support of Summary Judgment .......................... 44a Electronically Transmitted Information from Seller ......... 46a Interest Report .................................................................. 47a Exhibit A: Chain-of-Title Documents ........................................... 48a Assignment of Accounts and Bill of Sale .......................... 49a Declaration of Account Transfer ....................................... 50a Exhibit A Receivables File 11.17.08 ...................... 51a Transfer and Assignment .................................................. 52a Exhibit A Receivables File 11.30.11 ...................... 53a Exhibit 1 Bill of Sale and Assignment ............................... 54a Exhibit B: Copy of the last billing statement ............................... 55a Exhibit C: Defendant’s Answer .................................................... 57a Exhibit D: Defendant’s Responses to Plaintiff’s Interrogatories ... 58a Brief in Support of Motion .............................................................. omitted* Proof of Mailing ..................................................................................... 62a Proposed form of Order ......................................................................... 63a

Defendant’s Opposition to Summary Judgment filed May 24, 2012 Certification in Opposition to Motion .................................................... 64a Enclosures: Certification of Service ..................................................... 65a Statement of Material Facts .............................................. 66a

Exhibit A: Plaintiff’s Response to Defendant’s Discovery Requests ................................................ 67a

Brief in Opposition to Motion ......................................................... omitted* Proposed form of Order ......................................................................... 69a

* Item is listed for informational purposes. It is not included in this Appendix per R. 2:6-1(a)

because it is not “essential to the proper consideration of the issues” or is an excluded brief.

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

Additional Parts of the Record Substitution of Attorney filed June 14, 2012 ............................................ omitted*

Defendant’s Motion for Reconsideration filed June 14, 2012........................... 70a Notice of Motion .................................................................................... 71a Brief in Support of Motion .............................................................. omitted* Proposed form of Order .................................................................. omitted*

Plaintiff’s Objection to Reconsideration filed July 20, 2012 ............................ 73a Brief in Opposition to Motion ......................................................... omitted* Certification of Steven A. Lang, Esq. ...................................................... 74a Exhibit A: Defendant’s January 10, 2008 Credit Report ............. 75a Exhibit B: Defendant’s October 20, 2009 Credit Report .............. 79a Exhibit C: Unpublished opinion, Atlas Equity, Inc. v. Chase Bank USA, N.A., 403 Fed. Appx. 190 (9th Cir. 2010)............................ 83a Certification of Marko Galic .................................................................. 87a Exhibit A: Bill of Sale and Assignment and information provided by Sherman Acquisition, LLC at time of sale ............................... 90a Exhibit B: May 16, 2012 Affidavit of Jon C. Mazzoli .................. 97a Exhibit C: May 16, 2009 Affidavit of Jon C. Mazzoli .................. 99a Exhibit D: Statement for the last billing cycle ........................... 101a Proof of Mailing .............................................................................. omitted*

Defendant’s Reply in Support of Reconsideration Reply Brief filed July 9, 2012 ......................................................... omitted* Proof of Service ............................................................................... omitted*

Defendant’s Motion to Stay Execution Notice of Motion with Memorandum filed August 10, 2012 .......... omitted* Proposed form of Order .................................................................. omitted*

Plaintiff’s Letter Brief in Opposition filed August 20, 2012 ....................... omitted*

Order Staying Execution ................................................................................. 103a * Item is listed for informational purposes. It is not included in this Appendix per R. 2:6-1(a)

because it is not “essential to the proper consideration of the issues” or is an excluded brief.

1a

RECEIVED THURSDAY 2/16/20121 :04:35 PM 8890667

Pressler and Pressler, LLP 7 Entin Rd. Parsippany, NJ 07054-5020 1-973-753-5100 Attorney for Plaintiff File # 048924 NEW CENTURY FINANCIAL SERVICES, INC.

Plaintiff

vs.

AHLAM OUGHLA Defendant(s)

FILED Feb 16,2012

SUPERIOR COURT OF NEW JERSEY Law Division HUDSON Special Civil Part

Docket # DC-004244-12

Civil Action COMPLAINT

_____________________________________________ (Contract) Plaintiff having a principal place of business at: 110 SOUTH JEFFERSON ROAD SUITE 104 WHIPPANY, NJ 07981 says:

1. It is now the owner of the defendant(s) CREDIT ONE BANK, N.A. account number 4447962145828657 which is now in default. There is due the plaintiff from the defendant(s) AHLAM OUGHLA the sum of $723.82 plus interest from 12/02/2011 to 02/14/2012 in the amount of $0.73 for a total of $724.55.

WHEREFORE, plaintiff demands judgment for the sum of $724.55 plus accruing interest to the date of judgment plus costs.

I certify that the matter in controversy is not the subject of any other court action or arbitration proceeding, now pending or contemplated, and that no other parties should be joined in this action.

I certify that confidential personal identifiers have been redacted documents now submitted to the court, and will be redacted from documents submitted in the future in accordance with Rule 1:38-7(b)

PRESSLER and PRESSLER, LLP Attorneys for Plaintiff(s) By: S/Ralph Gulko

Ralph Gulko

from all

2a

FILED Mar 20,2012

New Centwy Financial Services

Plaintiff's Name Pressler & Pressler 7 Entin Road

Superior Court Of New Jersey Law Division, Special <;.iril Part Hudson L:J County

Docket No. DC-004244-12 Street Address

Pilrsippany, NJ, 07054 ... ·.·Town, State, Zip Code

(973) 753-5100

Telepbone Number

RECEIVED #26 MAR 20 2012

vs. SUPERIOR COURT OF N.J

FEE OFFICE . Ahlam Oughla

.' Defendant's Name '~l09 661b Street Apt 2

Street Address Wesl New York, NJ, 07093

Town, State, Zip Code (646) 657-9656

Telepbone Number

CIVIL ACTION COUNTY OF H!JDS0~J

Answer

Check the appropriate statement or statements below wbicb set forlb why you claim you do not owe money to the plaintiff.

o (I) The good or services were not received.

o (2) The goods or services received were defective.

o (3) The bill bas been paid.

o (4) lIWe did not order the goods or services.

o (5) Tbe dollar amount claimed by the plaintiff{ s) is incorrect.

• (6) Olber- Set forth any other reasons wbyyou believe money is not owed to the plaintiff{s). (You may attach more sheets if you need to.) Plaintiff provided no documentation to support Ibe charges alleged in Ibe complaint, Iberefore defendant dl~;·, .,..."

o Trial by jury requested; an extra $50 check or money order is enclosed.

At the trial Defendant requests:

An interpreter: o Ves • No Indicate Language: An accommodation for a disability: o Ves • No Requested accommodation: ~~::~;~~:::=::::::::;:;==-' I certify the matter in controversy is not the subject of any other court action or arbitration w pending or contemplated, and that no other parties should be joined in this action.

I certi/}' that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule I :38-7(b).

I furlher certify that this answer was served on all other parties within 35 days of the date the summons and

complaint were mailed to me as indicated on page 2 of thm- ; ",_-_-_-_-=

03117/2012 ~=~r;:}~~=-~====---------Dated Defe nt s Signature

Ahlam OUghla

Defendant's Name-T~NED #59

Revised 09/2009, CN 10542 (How to Answer a Complaint - Special Civil Part) MAR 2 S 2012

page 7 of7

SPECIAL CIVIL PART I II Ir'\~ ("J)IINTY

3a

048924 P&P File # 048924

TEAM A FEE: NO FEE ITEM

PRESSLER AND PRESSLER, L. L. P. F I LED COUNSELLORS AT LAW

I Entin Rd.

Parsippany. NJ 07054-5020

(973) 753-~100

May 25,2012

HON. MARTHA ROYSTER

Attorney for Plaintiff

NEW CENTURY FINANCIAL SERVICES, INC.

SUPERIOR COURT OF NEW JERSEY: Plaintiff

vs. AHLAM OUGHLA

Defendants

LAW DIVISION HUDSON Special Civil Part DOCKET NO. DC-004244-12

Civil Action

ORDER SUMMARY JUDGMENT

THIS MATTER having been opened to Pressler, LLP , Attorneys for Plaintiff Summary Judgment, and the Court having certification of the plaintiff,

the Court by Pressler by Notice of Motion considered the brief

IT IS on the 25th day of May

ORDERED THAT Summary Judgment be and hereby is favor of the Plaintiff and against the Defendant(s) AHLAM

2012

and for and

in

the sum of $725.40 plus costs.

'121-----· ' ---L-----fl----J.S.C

[Xl Opposed [ 1 Unopposed

Further ORDERED that a copy of this order shall be served on all parties within 7 days of the date herein.

4a

PHILIP D. STERN & ASSOCIATES, LLC ATTORNEYS AT LAW

697 Valley Street, Suite 2d Maplewood, NJ 07040 (973) 379-7500 Attorneys for Defendant, Ahlam Oughla

NEW CENTURY FINANCIAL SERVICES, INC., Plaintiff

vs.

AHLAM OUGHLA, Defendant.

F I LED

Jul27,2012

HON. MARTHA ROYSTER

SUPERIOR COURT OF NEW JERSEY LAW DIVISION

HUDSON COUNTY - SPECIAL CIVIL PART

Civil Action

Docket No. DC-4244-12

ORDER cB3P~wa DEFENDANT'S MOTION FOR RECONSIDERATION VACATING SUMMARY JUDGMENT

Defendant, Ahlam Oughla having moved for reconsideration of the Court's Order filed May 25, 2012 granting Plaintiff's motion for summary judgment and the Court having read and considered the papers submitted and any oral arguments of counsel, and the Court having concluded that there are no genuine issues of material fact and that judgment should be entered as a matter of law in favor of Defendant as Plaintiff failed to demonstrate the existence of admissible evidence to sustain its burden of persuasion as to each element of its claim, and for the reasons set forth on the record and for good cause shown;

IT IS ON THIS 27 DAY OF July

1. The Motion isDRAHnlcl)ENIED

, 2012; ORDERED AND ADJUDGED:

2. The Order filed May 25, 2012 granting Plaintiff's Motion for Summary Judgment is vacated and the matter shall be noticed by the Clerk for trial.

3. A true copy of this Order shall be served on all counsel within seven days.

Opposed: lLYes _No Hearing Date: Appearing for: Plaintiff: Defendant:

HONORABLE MARTHA ROYSTER, J.S.C.

Reasons set forth on the record.

Page 1 of 1

5a

PHILIP D. STERN & ASSOCIATES, LLC ATTORNEYS AT LAW

PHILIP D. STERN NJ & DC Bars

pstem@philipstem.com

Superior Court of New Jersey Appellate Division Clerk's Office Richard J Hughes Justice Complex PO Box 006, 25 W Market Street, 5N Trenton, NJ 08625-0006

697 VALLEY STREET, SUITE 2D MAPLEWOOD, NJ 07040-2642

(973) 379-7500 www.philipstemcom

August 10, 2012

Re: New Century Financial Services, Inc. vs. Ahlam Oughla Docket No. HUD-DC-4244-12

Dear Madam/Sir,

I enclose for filing:

1. 2. 3. 4.

Notice of Appeal; Civil Case Information Statement; Transcript Request Form; Orders Being Appealed.

fR~~~Uiif~ii5J tM® AUG 13 2012

SUPERIOR COURT OF CO FEE OFFICE N.J.

UNry OF HUDSON

Please charge our Attorney Collateral Account No. 142665 for any filing fees.

Very truly yours, s/Philip D. Stem Philip D. Stern enclosures via Appellate Division E-Filing cc: 1. Honorable Martha T. Royster, J.S.C.

Administration Building Chambers 806 595 Newark Avenue Jersey City, NJ 07306

2. Superior Court of NJ

Page 1

Special Civil Case Management Office 595 Newark Ave., Room 711 Jersey City, NJ 07306

3. Steven A. Lang, Esq. Pressler & Pressler, LLP 7 Entin Road Parsippany, NJ 07054-5020

• __ ---'" •. ..0

•

6a

~ New Jersey Judiciary ~~ ~'"

! t( DDDI)} Superior Court - Appellate Division " 000 \<.~ ;: DOD ~

~'~ NOTICE OF APPEAL 7~~

Type or clearly print all information. Attach additional sheets if necessary ATIORNEY I LAW FIRM I PRO SE LITIGANT (2) ---_ .. _--_ .. _--------------, .... - ... _-. ., .. '--- .,--_._--."."'---

TITLE IN FULL (AS CAPTIONED BELOW) (1) NAME

New Century Financial Services, LLC. Philip 0_ Stem, Philip O. Stem and Associates, LLC _.---_._----_._-_ .. _-_._-_._--.. --.. _--_ .. - --STREET ADDRESS

v. 697 Valley Street, Suite 20

CITY I STATE I ZIP I PHONE NUMBER Ahlam Oughla Maplewood NJ 07040 (973) 379-7500

EMAIL ADDRESS

PSTERN@PHlLIPSTERN.COM - ._---,-----,._-

ON APPEAL FROM

TRIAL COURT JUDGE (3) I TRIAL COURT OR STATE AGENCY (4) I TRIAL COURT OR AGENCY NUMBER (5)

Hon_ Martha T. Royster, J.S.c. , Hudson County, Special Civil Part HUD-OCA244-12 , Notice is hereby given that (6) Ahlam Oughla appeals to the Appellate

(7 ) Division from a o Judgment or • Order entered on May 25. 2012 and July 27. 2012 in the I!I Civil

o Criminal or o Family Part of the Superior Court or from a o State Agency decision entered on

(8 ) If not appealing the entire judgment, order or agency decision, specify what parts or paragraphs are

being appealed.

(9 ) Have all issues, as to all parties in this action, before the trial court or agency been disposed of? (In

consolidated actions, all issues as to all parties in all actions must have been disposed of.) II Yes ONo

If not, has the order been properly certified as final pursuant to R. 4:42-2? o Yes o No

For criminal, quasi-criminal and juvenile actions only: N/A

(10A ) Give a concise statement of the offense and the judgment including date entered and any sentence

or disposition imposed:

(108 ) This appeal is from a o conviction o post judgment motion o post-conviction relief.

If post-conviction relief, is it the o 1st o 2nd 0 other specify

(10C ) Is defendant incarcerated? 0 Yes o No

Was bail granted or the sentence or disposition stayed? o Yes o No

(100 ) If in custody, name the place of confinement:

Defendant was represented below by:

o Public Defender o self 0 private counsel spedty

Revlaad eneCl,va SiOll2008 Page 1 012

7a

(11) Notice of appeal and attached case information statement have been served where applicable on the

following:

Trial Court Judge

Trial Court Division Manager

Tax Court Administrator

State Agency

Attorney General or Attorney for other Governmental body pursuant to R. 2:5-1(a), (e) or (h)

Other parties in this action:

Name

Honorable Martha T. Royster, J-S.c.

Hudson County, Special Civil Part

Name and Designation Attorney Name, Address and Telephone No,

Date of Service

August 10, 2012

August 10,2012

New Century Financial Services. Prcssler& Pressler, LLP, 7 Entin Road, Parsippany, NJ 07054 Date of Service August 10,2012

Inc. - PlaintifflRespondent (973) 753-5100

I----~-~ .. -----~-------.-~-.---- -----------------(12) Attached transcript request form has been served where applicable on the following:

Name

Trial Court Transcript Office Hudson County Special Civil Part

Court Reporter (if applicable) KLJ Transcription Services, LLC

Supervisor of Court Reporters Steve Koskinen

Clerk of the Tax Court

State Agency

(13) Exempt from submitting the transcript request form due to the following:

D No verbatim record.

Date of Service

August 9, 2012

August I 0,20 12

August 9, 2012

Amount of Deposit

S350.00

D Transcript in possession of attorney or pro se litigant (four copies of the transcript must be sub­mitted along with an electronic copy). List the date(s) of the trial or hearing:

D Motion for abbreviation of transcript filed with the court or agency below. Attach copy.

D Motion for free transcript filed with the court below. Attach copy.

I certify that the foregoing statements are true to the best of my knowledge, information and belief.

I also certify that, unless exempt, the filing fee required by N.J.SA 22A:2 has been paid.

(14)..August 10.2012 __ . __ _ (15Ls!!,H1LI.~_J).C§TE~!'I. .... ___ . ___ ._. _____________ _ DATE SIGNATURE OF ATTORNEY OR PRO SE LITIGANT

Page 2 01 2

8a

."""'"

til New Jersey Judiciary r 000 ~~ Superior Court - Appellate Division ~ gg~ ~

~ ~ ~"'.\.~ CIVIL CASE INFORMATION STATEMENT """'"

Please type or clearly print an information.

TITLE IN FULL (1) TRIAL COURT OR AGENCY DOCKET NUMBER (2)

New Centu!), Financial Services, Inc .. Plaintiff Superior Court of New Jersey v. Law Division - Special Civil Part Ahlam Oughla, Defendant. Hudson County

Docket No. HUD-DC-4244-12

• Attach additional sheets as necessary for any infannatian below •

(3 ) APPELLANT'S ATTORNEY EMAIL ADDRESS: pstern@philipstern.com

o PLAINTIFF I!!I DEFENDANT o OTHER (SPECIFY)

NAME

I CLIENT

Philip D. Stern Ahlam Oughla

STREET ADDRESS I CITY I STATE I ZIP I TELEPHONE NUMBER 697 Valley Street, Suite 2D Maplewood NJ 07040 (973) 379-7500

(4 ) RESPONDENT'S ATTQRNEY * EMAIL ADDRESS: slang@prcssler-pressler.com NAME I CLIENT Steven A. Lang, Esq., Pressler & Pressler, LLP New Century Financial Services, Inc.

STREET ADDRESS I CITY I STATE II ZIP I TELEPHONE NUMBER 7 Entin Road Parsippany NJ 07054 (973)753-5100

* Indicate which parties, if any, did not participate below or were no longer parties to the action at the time of entry of the judgment or decision being appealed.

(5 ) GIVE DATE AND SUMMARY OF JUDGMENT. ORDER. OR DECISION BEING APPEALED AND ATIACH A COPY:

May 25, 2012 and July 27, 2012. On May 25, 2012, the Han. Martha T. Royster granted Plaintiffs Motion for Summary Judgment. On July 27, 2012, Judge Royster denied Defendant's Motion for Reconsideration.

) Are there any claims against any party below, either in this or a consolidated action, which have not been disposed 0 YES • NO of, including counterclaims. cross-claims, third-party claims and applications for counsel fees?

(6

If so, has the order been proper1y certified as final pursuant to B.. 4:42-2? (If not, leave to a!1peal must be sought. .8.. 2:2-4.2:5-6) 0 YES 0 NO

(If the order has been certified, attach, together with a copy of the order, a copy of the complaint or any other relevant pleadings and a brief explanation as to why the order qualified for certification pursuant to B.. 4:42-2.)

Were any claims dismissed without prejudice? DYES iii NO

If so. explain and indicate any agreement between the parties concerning future disposition of those claims.

(7 ) Is the validity of a statute. regulation. executive order. franchise or constitutional provision of this State being questioned? DYES • NO (E.2:5-1{h))

(8 ) GIVE A BRIEF STATEMENT OF THE FACTS AND PROCEDURAL HISTORY:

See attached Rider.

Revised: 0110312011 CN: 10500 A I"", Ilate Civil CIS .,m

9a

(9)

(10 )

(11

(12

(13

(14

(15

(16

)

)

)

)

)

)

TO THE EXTENT POSSIBLE, LIST THE PROPOSED ISSUES TO BE RAISED ON THE APPEAL AS THEY WILL BE DESCRIBED IN APPROPRIATE POINT HEADINGS PURSUANT TO 8. 2:6-2(a)(5). (Appellant or cross-appellant only.):

Sec attachcd Rider.

IF YOU ARE APPEALING FROM A JUDGMENT ENTERED BY A TRIAL JUDGE SIDING WITHOUT A JURY OR FROM AN ORDER OF THE TRIAL COURT, COMPLETE THE FOLLOWING:

1. Did the trial judge issue oral findings or an opinion? If so, on what date? 1uly27.2012 II YES D NO

2. Did the trial judge issue written findings or an opinion? If S0, on what date? DYES II NO

3. Will the trial judge be filing a statement or an opinion pursuant to B. 2:5-1 (b)? DYES • NO

Caution: Before you indicate that there was neither findings nor an opinion, you should inquire of the trial judge to determine whether findings or an opinion was placed on the record out of counsel's presence or whether the judge will be filing a statement or opinion pursuant to It. 2:5-1(b).

DATE OF YOUR INQUIRY: 8/1 /2Q 12

1. IS THERE ANY APPEAL NOW PENDING OR ABOUT TO BE BROUGHT BEFORE THIS COURT WIHICH:

(AI Arises from substantially the same case or controversy as this appeal? DYES II NO

(B) Involves an issue that is substantially the same, similar or related to an issue in this appeal? DYES D NO

2. WAS THERE ANY PRIOR APPEAL INVOLVING THIS CASE OR CONTROVERSY? DYES II NO

IF THE ANSWER TO EITHER 1 OR 2 ABOVE IS YES, STATE:

Case Name: Appellate Division Docket Number:

Civil appeals are screened for submission to the Civil Appeals Settlement Program (CASP) to determine their potential for settlement or, in the alternative, a simplification of the issues and any other matters that may aid in the disposition or handling of the appeal. Please consider these when responding to the following question. A negative response will not necessarily rule out the scheduling of a preargument conference.

State whether you think this case may benefit from a CASP conference. DYES • NO

Explain your answer:

Defendant's legal fees and costs already well exceed the amount in controversy and she has no intention of settl ing.

I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b).

(17) Ahlam Oughla (18) Philip D. Stern.Philip D. Stern & Associates,LLC

Name of Appellant or Respondent Name of Counsel of Record (01 your name if not represented by counsel)

(19) August 10.2012 (20) s/PHILIP D. STERN Date Signature of Counsel of Record

(Oi your signature if not represented by counsel)

,~, ... : 0110312011 .,. , C;v . CN. 500 (ppeHate (I CISI page 2 012

10a

New Century Financial Services, Inc. v. Ahlam Oughla

DEFENDANT-APPELLANT'S CASE INFORMATION STATEMENT

RIDER

Statement of Facts and Procedural History

New Century Financial Services, Inc ("Plaintiff') filed the Complaint against Ahlam Oughla ("Defendant") on February 16, 2012 alleging:

It is now the owner of defendant(s) CREDIT ONE BANK, N.A. account number 4447692145828657 which is now in default. There is due the plaintiff from defendant(s) AHLAM OUGHLA the sum of $723.82 plus interest from 12/02/2011 to 02/14/2012 in the amount of $0.73 for a total of $724.55.

The clerk served the Summons and Complaint and Summons on Defendant by mail on February 21, 2012.

Defendant's pro se answer was filed on March 20, 2012 denying the allegations. A non-jury trial was scheduled for June 22, 2012.

On May 14, 2012, Plaintiff filed a Motion for Summary Judgment. The motion record consisted of only:

1. A certification from Plaintiffs business development manager;

2. A document described as "Electronically Transmitted Information From Seller";

3. An "Interest Report";

4. Four documents which Plaintiff collectively described as "the chain-of-title relevant to Credit One Bank, N .A. account number 4447 9621 4582 8657" which showed transfers of accounts from MHC Receivables, LLC to Sherman Originator, LLC, from Sherman Originator to LVNV Funding, LLC, from LVNV Funding to Sherman Acquisition, LLC, and

Page 1 of 4

11a

from Shennan Acquisition to Plaintiff. None of the documents identified Credit One Bank's transfer of anything nor did they identify account number 4447692145828657.

5. A copy of what Plaintiff described as "the last billing statement for the subject Credit One Bank, N.A. account" although there was no submission by any competent witness authenticating the document or laying the foundation for its admission as an exception to the hearsay exclusionary rule.

Defendant filed her pro se objection on May 24, 2012.

There was no oral argument and, on May 25, 2012, the Honorable Martha T. Royster, J.S.c. granted Plaintiffs Motion for Summary Judgment on the papers. No reasons were placed on the record or in writing.

On June 14, 2012, Defendant, now represented by counsel, filed a Motion for Reconsideration. Plaintiff filed opposition on July 2, 2012 induding the following after-the-fact attempt to supplement the evidential record:

1. A certification from Plaintiffs counsel attaching two copies of Defendant's credit report, and

2. A new certification from Plaintiffs business development manager attaching two third-party affidavits and third-party infonnation regarding Defendant and the alleged account.

Defendant filed a reply brief on July 9, 2012 arguing, among other things, that it was improper to supplement the evidential record and that the supplemental materials, if considered, were still insufficient for summary judgment.

On July 27, 2012, counsel appeared before Judge Royster and, after oral argument, Her Honor denied Defendant's Motion for Reconsideration.

The instant appeal follows.

Simultaneous with the filing of the Notice of Appeal, Defendant has moved for a stay pending appeal by depositing the amount of the judgment with the court.

Page 2 of 4

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Proposed Issues on Appeal

NOTE: After the transcript is received and reviewed, Defendant-Appellant may modify, abandon or add to the following issues.

1. Whether the summary judgment standard requires that, when the party who bears the burden of persuasion at trial moves for summary judgment, the motion court exclude from consideration the submitted materials which are incompetent or inadmissible.

2. Whether the summary judgment standard requires that, when the party who bears the burden of persuasion at trial moves for summary judgment, the motion court infer all reasonable factual inferences favorable to the non-moving party.

3. Whether the competent and admissible evidential record, when viewed with reasonable inferences favorable to Defendant, required the conclusion that there were questions of fact as to at least one of the essential elements necessary to prove Plaintiff's claim.

4. Whether, in the case of a debt buyer's suit to collect on a delinquent credit card account where the debt buyer moves for summary judgment, the debt buyer must submit competent and admissible evidence that each assignment from the original creditor to the debt buyer was valid.

5. Whether Plaintiff, who alleged it is the owner by assignment of Defendant's delinquent credit card account and moved for summary judgment, should have been denied summary judgment when it failed to submit competent and admissible evidence that each assignment from the original creditor to the debt buyer was valid.

6. Whether Plaintiff, who alleged it is the owner by assignment of Defendant's delinquent credit card account and moved for summary judgment, should have been denied summary judgment when it failed to submit any materials showing that the original creditor assigned the account.

7. Whether, in the case of a debt buyer's suit to collect on a delinquent credit card account where the debt buyer moves for summary judgment, the debt buyer must submit competent and admissible

Page 3 of 4

13a

evidence addressing each element of the cause of action which the original creditor assigned to the debt buyer.

8. Whether Plaintiff, who alleged it is the owner by assignment of Defendant's delinquent credit card account and moved for summary judgment, should have been denied summary judgment when it failed to submit competent and admissible evidence as to each element of the cause of action which Plaintiff alleges to have acquired from the original creditor.

9. Whether the motion court erred in concluding that the party opposing a summary judgment motion must submit evidence to dispute the movant's claims when the movant who bears the burden of persuasion at trial fails to submit competent and admissible evidence sufficient to establish each essential element of its claim.

10. Whether L VNV Funding, L.L.G. v. Colvell, 421 N.J. Super. 1 CAppo Div. 2011) supports the proposition that a debt buyer who merely meets the less stringent requirements for the entry of default judgment by the clerk under R. 6:6-3Ca) has not satisfied the summary judgment standard.

11. Whether there exists a "bona fide dispute between the parties as to a relevant fact" within the meaning of Evid.R. 101(a)C 4), when an allegation is denied pursuant to R. 4:5-3 because the pleader is "without knowledge or information sufficient to form a belief as to the truth of an allegation," such that the fact must be proved by competent and admissible evidence.

12. Whether, on a motion to reconsider the granting of a summary judgment motion filed by the party who bears the burden of persuasion at trial, that party is prohibited from submitting evidential materials which it failed to submit with the original summary judgment motion.

13. Whether, on a motion to reconsider the granting of a summary judgment motion filed by the party who bears the burden of persuasion at trial, the motion court should exclude from consideration evidential materials which that party failed to submit with the original summary judgment motion.

Page 4 of 4

SUBSTITUTION PAGE

The May 25, 2012 Order Granting Summary Judgment and the July 27, 2012 Order Denying Reconsideration, which were attached here to Defendant’s Civil Case Information Statement, appear at Da3 and Da4, respectively.

14a

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PLAINTIFF(S) (1l TRIAL COURT DOCKET NUMBER (2)

NEW CENTURY FINANCIAL SI'YVICLS.IN('. I II I.; J)·DC·4244· I 2

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NEW CENTURY FINANCIAL SERVICES, INC. VS AHLAM OUGHLA APPELLATE COURT DOCKET NUMBER: A -006078-11-T4 -. LOWER COURT DOCKET NUMBER: DC-4244·12

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46 08/21/2012

REJECTION REASON

Pa e 1

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2822-09T2 CAVALRY PORTFOLIO SERVICES, LLC as assignee of CAVALRY INVESTMENTS, LLC, as assignee of CHASE BANK USA, N.A., as assignee of WASHINGTON MUTUAL BANK, Plaintiff-Respondent, v. U. SHARMA a/k/a UDI SHARMA, Defendant-Appellant. ____________________________________________________

Submitted February 15, 2011 - Decided Before Judges Espinosa and Skillman. On appeal from Superior Court of New Jersey, Law Division, Special Civil Part, Mercer County, Docket No. DC-005672-09. U. Sharma, appellant pro se. Respondent has not filed a brief.

PER CURIAM

Plaintiff filed this collection action against defendant

for recovery of the outstanding balance on a credit card account

that defendant allegedly had with Washington Mutual Bank.

Plaintiff's complaint alleged that with respect to this account,

March 4, 2011

17a

A-2822-09T2 2

it is "the assignee of CAVALRY INVESTMENTS, LLC, as assignee of

CHASE BANK USA, N.A., as assignee of WASHINGTON MUTUAL BANK."

The complaint claimed that the principal amount due on the

account was $11,585.67 and that plaintiff also owed $1,887.87 in

interest and $1,208.57 in attorney fees, for a total of

$14,682.11.

Defendant filed an answer denying the allegations of the

complaint and asserting various affirmative defenses.

On September 18, 2009, defendant filed a motion to dismiss

the complaint based on plaintiff's failure to answer

interrogatories and requests for production of documents.

Plaintiff subsequently filed answers to interrogatories. It is

unclear from the record before us whether plaintiff responded to

defendant's request for the production of documents.

On October 5, 2009, the trial court entered an order

denying defendant's motion to dismiss based on plaintiff's

failure to provide discovery.

On October 16, 2009, defendant filed a second motion to

dismiss, which was based on plaintiff's alleged failure to

comply with the registration requirements of N.J.S.A. 42:2B-

53(a). Plaintiff filed opposition, and on October 28, 2009, the

trial court entered an order denying the motion.

18a

A-2822-09T2 3

On December 15, 2009, plaintiff filed a motion for summary

judgment. On December 24, 2009, defendant filed opposition to

the motion. The papers submitted in support of and in

opposition to the motion are discussed later in this opinion.

There was no oral argument on the motion.

On January 6, 2010, the trial court entered summary

judgment in plaintiff's favor in the amount of $15,000. This

judgment was not accompanied by any opinion.

Defendant has appealed from the judgment. Plaintiff has

failed to file an answering brief.1 Consequently, our

understanding of the case is based solely on plaintiff's pro se

brief and appendix.

In support of its motion for summary judgment, plaintiff

relied upon a certification by Matteo Velardo, who identified

himself as "Assistant Vice President of plaintiff" who "serve[s]

as keeper of the books and records of Cavalry, which are kept in

the ordinary course of business, with the entries in them having

been made at or near the time of the occurrence." Velardo's

certification asserted that he had

reviewed the books and records of Cavalry with respect to the indebtedness of U.

1 Based on plaintiff's failure to file a timely brief, we entered an order on October 22, 2010, providing that no brief on its behalf would be accepted for filing.

19a

A-2822-09T2 4

SHARMA A/K/A UDI SHARMA, Debtor(s), (Account No.: 13398878), which reflects that as of September 30, 2008, there was an outstanding balance due of $11,585.67, with interest accruing at the rate of 24.99% since September 30, 2008 pursuant to the Terms and Conditions applicable to said account.

However, Velardo also stated that "the above-referenced account,

which originated with Washington Mutual Bank, was, on November

26, 2008, sold, transferred and conveyed to Cavalry." Thus, it

appears that the entire balance of defendant's purported credit

account accrued before its transfer to plaintiff on November 26,

2008. Moreover, although Velardo's certification states that he

"reviewed the books and records of Cavalry with respect to the

indebtedness of [defendant]," it did not set forth the contents

of those books and records. Thus, there is no way of knowing

whether those books and records included an application by

defendant for a credit card or, assuming Washington Mutual

issued a credit card to defendant, statements of defendant's

activities under the account that would show charges and

payments.

Plaintiff also relied upon an affidavit by Kristina D.

Pagni, who identified herself as plaintiff's "Legal

Administrator." Pagni's affidavit states:

In the normal course of business, Cavalry Portfolio Services, LLC as assignee of Cavalry Investments, LLC maintains computerized account records for

20a

A-2822-09T2 5

accountholders who have delinquent credit accounts. Cavalry Portfolio Services, LLC as assignee of Cavalry Investments, LLC maintains such records in the ordinary and routine course of business and is charged with the duty to accurately record any business act, condition or event onto the computer record maintained for the accounts, with the entries made at or very near the time of any such occurrence. I have reviewed the applicable computer record as it relates to the above accountholder's credit account, and I make this declaration based upon information from that review, and if called as a witness, I could testify to the following based on that review.

However, Pagni's affidavit contains no indication of the

contents of plaintiff's "computerized account records for

accountholders," in particular whether those records reflect

charges and payments on the alleged account before its alleged

acquisition by plaintiff on November 26, 2008.

Plaintiff also apparently attached certain purported credit

card statements to the brief in support of its motion for

summary judgment. However, there is no indication those

statements were properly authenticated. Furthermore, the

statements appear incomplete.

To be entitled to summary judgment, a party must establish

by competent evidence that it is entitled to the relief sought.

See Claypotch v. Heller, Inc., 360 N.J. Super. 472, 488-89 (App.

Div. 2003). Consequently, a purported assignee of a credit card

account must show by competent evidence the existence of the

21a

A-2822-09T2 6

account, the charges and payments under the account that

resulted in the account balance claimed by the assignee, and a

valid assignment. The Velardo certification and Pagni affidavit

clearly did not provide such evidence.

Furthermore, defendant filed an affidavit in opposition to

plaintiff's motion for summary judgment that disputed Velardo's

and Pagni's allegations and claimed that he did not owe the

amount sought by plaintiff's complaint. That affidavit stated

in part:

5. Cavalry Portfolio Services LLC never extended credit to me.

6. Cavalry Portfolio Services LLC never

sent me any monthly statements. . . . . 8. I believe some of the charges in the

credit card statements provided to me in discovery are not my charges. . . .

9. Plaintiff has not provided any signed

credit card application, request for credit or credit card account contract.

10. I have never had a credit card account

numbered 13398878, as contended by Plaintiff . . . .

11. . . . When I called Plaintiff to

procure data for my Affidavit of Diligent Inquiry, which was attached to my complaint, Plaintiff declared that Plaintiff is just a collection firm, and that Plaintiff does not buy debts.

. . . .

22a

A-2822-09T2 7

15. . . . Plaintiff has not provided any

documents that show my account(s) has/have been assigned to Plaintiff or the consideration paid for any alleged assignment.

In sum, plaintiff's moving papers did not show by competent

evidence that it was entitled to the relief sought by its

complaint and defendant's affidavit disputed his liability for

the amount claimed by plaintiff. Therefore, the summary

judgment granted to plaintiff must be reversed.

We also note that Rule 4:46-2(c) requires a court that

grants a motion for summary judgment to "find the facts and

state its conclusions in accordance with R. 1:7-4." The trial

court failed to discharge this obligation.

Finally, on remand, the trial court should assure that

defendant has been afforded the opportunity to obtain the full

discovery permitted under the applicable court rules.

Accordingly, we reverse the summary judgment in plaintiff's

favor and remand for further proceedings in conformity with this

opinion.

23a

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2062-10T4 CAVALRY PORTFOLIO SERVICES, LLC, as assignee of CAVALRY SPV I, LLC, as assignee of RIVERWALK HOLDINGS, LTD, as assignee of WASHINGTON MUTUAL BANK, Plaintiff-Appellant, v. HARRY J. KUMBARIS, Defendant-Respondent. ______________________________________________________

Submitted October 12, 2011 - Decided Before Judges Messano and Yannotti. On appeal from the Superior Court of New Jersey, Law Division, Special Civil Part, Essex County, Docket No. DC-23345-10. Choi Law Offices, PLLC, attorneys for appellant (Shayan Farooqi, of counsel and on the brief). Needleman and Pisano, attorneys for respondent (Frank Pisano, III, on the brief).

PER CURIAM

Plaintiff, Cavalry Portfolio Services, LLC, appeals from

judgment entered in favor of defendant, Harry J. Kumburis,

December 7, 2011

24a

A-2062-10T4 2

dismissing plaintiff's complaint following a trial in the Law

Division, Special Civil Part. We have considered the arguments

raised in light of the record and applicable legal standards.

We reverse and remand for a new trial.

On August 2, 2010, plaintiff filed a complaint alleging it

was the ultimate assignee of a consumer credit contract between

defendant and Washington Mutual Savings Bank (WaMu), and that

defendant was in breach of that contract. The complaint alleged

defendant owed $14,671.10, plus additional interest.1 On

September 13, defendant filed his answer, denying the alleged

debt, claiming "[t]he goods or services were not received" and

that he "never made charges" to the account. Trial was held on

December 2.

Before any testimony, the judge inquired whether

plaintiff's witness, Cynthia Sharpe, "ha[d] personal knowledge

of the business records of the underlying creditor," i.e., WaMu.

Plaintiff's counsel responded that Sharpe did, citing "monthly

statements . . . that were furnished by [WaMu]." Defendant

objected noting he was disputing only "$7,000 of the [debt]."

1 Plaintiff's complaint included four additional counts seeking recovery under other causes of action. These are not relevant to our decision.

25a

A-2062-10T4 3

The colloquy between plaintiff's counsel and the judge

continued regarding the admission of monthly credit card

statements in defendant's name:

Judge: All right. And the existence of the underlying debt would be reflected in the business records of [WaMu]? Counsel: Yes . . . . Judge: All right. And Ms. Sharpe . . . is not an employee of [WaMu]? Counsel: [WaMu] doesn't exist anymore . . . . Judge: Well, Ms. Sharpe is not an employee of [WaMu], so how could she be the proper custodian of records for those bank records, and support the admission of the bank records under the hearsay 803 series? . . . . [T]he fact is that Ms. Sharpe is not a business custodian of [WaMu], and, therefore, she's not properly qualified to authenticate the underlying business records. The underlying business records are not authenticated, they [sic] cannot rely upon them as a hearsay exception to establish the underlying debt.

Plaintiff's counsel stated his intention to "proceed without

admitting the statements into evidence," and "leave it to the

defendant to introduce them into evidence." The judge

responded, "He doesn't have to testify." Defendant moved for

dismissal, but the judge denied the request as premature. We

discern from an unrecorded recess reflected in the transcript

26a

A-2062-10T4 4

that the parties were directed to a mediator, but the effort was

unsuccessful.

Sharpe was sworn and testified that she was plaintiff's

"custodian of records, and a legal adjuster." She explained

that plaintiff "purchases debt," and her job was to "maintain

records as they're generated throughout the course of business"

and "travel with the attorneys to represent [plaintiff] as a

witness."

Sharpe identified "an affidavit claim," "the assignments,"

and "the bill of sale" used "whenever we purchase a . . .

portfolio debt." These documents were kept in the ordinary

course of plaintiff's business. The judge then inquired whether

Sharpe "ha[d] . . . personal knowledge of whether [defendant]

ever signed a credit card or ever took out a credit card . . .

from [WaMu]." Sharpe acknowledged plaintiff "d[id] not have the

signature on an application." The judge continued by asking if

the documents Sharpe identified were "document[s] from [WaMu]."

Sharpe acknowledge they were not.

When Sharpe was questioned regarding the monthly

statements, the judge interjected:

You['re] relying upon records of [WaMu], this lady is not a custodian of records for [WaMu], so how are you going to establish the underlying debt? I assume that you can . . . show . . . an assignment from [WaMu] to Bank B to your . . . company . . . .

27a

A-2062-10T4 5

[H]ow do you show the underlying debt with this witness?

Plaintiff's counsel claimed the "business exceptions rule"

permitted admission of the monthly statements. The judge

disagreed, noting, "if you don't have the custodian of records

for the underlying creditor, . . . how can you prove your case?"

After inquiring whether plaintiff intended to produce any other

witnesses, the judge asked defendant if he "ha[d] an application

for dismissal?" The judge granted defendant's motion,

concluding that Sharpe "ha[d] no personal knowledge of any of

the business records of [WaMu]," was "not in a position to

testify as to the contents of those records," and "there [wa]s

no evidence . . . to establish that . . . defendant owe[d] a

debt to [WaMu]." He entered an order of judgment in defendant's

favor because "plaintiff [was] unable to prove [the] underlying

debt." This appeal followed.

Plaintiff's essential argument is that the trial judge

erred in refusing to admit the monthly credit card statements as

business records, excepted from the hearsay rule by N.J.R.E.

803(c)(6). In this regard, plaintiff contends that absent some

showing by defendant that the records were not trustworthy, the

statements were admissible.

"In reviewing a trial court's evidential ruling, an

appellate court is limited to examining the decision for abuse

28a

A-2062-10T4 6

of discretion." Hisenaj v. Kuehner, 194 N.J. 6, 12 (2008). We

accord "substantial deference to a trial court's evidentiary

rulings." Benevenga v. Digregorio, 325 N.J. Super. 27, 32 (App.

Div. 1999) (quoting State v. Morton, 155 N.J. 383, 453 (1998)

cert. denied, 532 U.S. 931, 121 S. Ct. 1380, L. Ed. 2d 306

(2001)) (internal quotation marks omitted), certif. denied, 163

N.J. 79 (2000). "[I]n making relevance and admissibility

determinations," the trial judge's exercise of his "broad

discretion" "will not [be] disturb[ed], absent a manifest denial

of justice." Lancos v. Silverman, 400 N.J. Super. 258, 275

(App. Div.), certif. denied sub nom., Lydon v. Silverman, 196

N.J. 466 (2008). However, we accord no such discretion to a

ruling that is "inconsistent with applicable law." Pressler &

Verniero, Current N.J. Court Rules, comment 4.6 on R. 2:10-2

(2012). "When the trial court fails to apply the proper test in

analyzing the admissibility of proffered evidence," our review

is de novo. Ibid.

N.J.R.E. 803(c)(6) excepts from the hearsay rule

A statement contained in a writing or other record of acts, events, conditions, and, subject to Rule 808, opinions or diagnoses, made at or near the time of observation by a person with actual knowledge or from information supplied by such a person, if the writing or other record was made in the regular course of business and it was the regular practice of that business to make it, unless the sources of information or the

29a

A-2062-10T4 7

method, purpose or circumstances of preparation indicate that it is not trustworthy.

"The purpose of the business records exception is to 'broaden

the area of admissibility of relevant evidence where there is

necessity and sufficient guarantee of trustworthiness.'" Liptak

v. Rite Aid, Inc., 289 N.J. Super. 199, 219 (App. Div. 1996)

(quoting State v. Hudes, 128 N.J. Super. 589, 599 (Cty. Ct.

1974)).

In order to qualify under the business record exception to the hearsay rule, the proponent must satisfy three conditions: "First, the writing must be made in the regular course of business. Second, it must be prepared within a short time of the act, condition or event being described. Finally, the source of the information and the method and circumstances of the preparation of the writing must justify allowing it into evidence." [State v. Sweet, 195 N.J. 357, 370 (2008) (quoting State v. Matulewicz, 101 N.J. 27, 29 (1985)), cert. denied, __ U.S. __, 129 S. Ct. 2858, 174 L. Ed. 601 (2009).]

However, the foundation witness need not "have personal

knowledge of the facts contained in the record." Hahnemann

Univ. Hosp. v. Dudnick, 292 N.J. Super. 11, 17-18 (App. Div.

1996). In Hahnemann, we noted that N.J.R.E. 803(c)(6) follows

its federal counterpart, Fed. R. Evid. 803(6), such that

documents may properly be admitted "as business records even though they are the records of a business entity other than one

30a

A-2062-10T4 8

of the parties, and even though the foundation for their receipt is laid by a witness who is not an employee of the entity that owns and prepared them." [Id. at 17 (emphasis added) (quoting Saks Int'l, Inc. v. M/V "Export Champion", 817 F.2d 1011, 1013 (2d Cir. 1987) (citation omitted)).]

Thus,

A witness is competent to lay the foundation for systematically prepared computer records if the witness (1) can demonstrate that the computer record is what the proponent claims and (2) is sufficiently familiar with the record system used and (3) can establish that it was the regular practice of that business to make the record. If a party offers a computer printout into evidence after satisfying the foregoing requirements, the record is admissible "unless the sources of information or the method, purpose or circumstances of preparation indicate that it is not trustworthy." [Id. at 18 (citation omitted) (quoting N.J.R.E. 803(c)(6)).]

See also Garden State Bank v. Graef, 341 N.J. Super. 241, 245

(App. Div. 2001) (permitting employee of successor bank to

certify as to the loan history printouts reflecting transactions

with predecessor bank because his position "render[ed] him

'sufficiently familiar with the record system used' . . .

enabl[ing] him to 'establish that it was the regular practice of

[the successor bank] to make the record'") (quoting Hahnemann,

supra, 292 N.J. Super. at 18).

31a

A-2062-10T4 9

Based upon the above, it was error for the trial judge to

conclude that because Sharpe "[wa]s not a business custodian of

[WaMu]," she was not "properly qualified to authenticate the

underlying business records," or that because "she ha[d] no

personal knowledge of any of the business records of [WaMu],

she[] [was] not in a position to testify as to the contents of

those records." In short, the basis for the judge's decision to

exclude the monthly statements was "inconsistent with applicable

law." Pressler & Verniero, supra, comment 4.6. R. 2:10-2.

We do not accept plaintiff's contention that because of the

prevalence of bank mergers and dissolutions, "routine records"

of monthly credit card statements are admissible unless some

"evidence [is] proferred regarding the untrustworthiness and/or

unreliability of the monthly statements." Plaintiff relies in

part upon our holding in Garden State, supra, for this broad

proposition.

In Garden State, the plaintiff bank's successor, Summit

Bank (Summit), sought summary judgment for the balance of a

construction loan note guaranteed by the defendants. Garden

State, supra, 341 N.J. Super. at 243. The defendants only

contested the amount due, and argued "that the best evidence

rule [wa]s violated where a summary, rather than the actual

accounting record [wa]s provided." Id. at 244. They "also

32a

A-2062-10T4 10

contend[ed] that . . . Summit failed to maintain records from

the outset of the loan obligation and thus could not prove a

prima facie case." Ibid.

However, we concluded that the computer loan printouts

showing the history of payments was a business record admissible

under N.J.R.E. 803(c)(6). Ibid. In affirming the trial judge's

grant of summary judgment to Summit, we noted that "[t]he

authenticity of the demand note contained in the record was

never disputed and [the] defendants admitted that monies were

due on the loan." Id. at 245. The witness produced by Summit,

its "credit manager," "certified that prior to the transfer of

the note to Summit, [the predecessor bank] ran an accounting of

the balance due." Ibid. The witness "provided computer

printouts detailing the loan information, indicating a balance

. . . as of the last review . . ., subsequent payments . . .

made to [the predecessor bank], leaving a balance forward . . .

when the loan was transferred to the new Summit Bank system, and

an itemized list of the three payments made to Summit through

the date of default." Ibid. On the record presented in this

case, however, we cannot conclude that Sharpe could have

provided similarly detailed information.

Plaintiff bears the burden of establishing the predicate

requirements such that the computerized billing statements are

33a

A-2062-10T4 11

admissible as a business record pursuant to N.J.R.E. 803(c)(6).

Hahnemann, supra, 292 N.J. Super. at 18; see also Biunno,

Weissbard & Zegas, Current N.J. Rules of Evidence, comment 2 on

N.J.R.E. 803(c)(6) (2011). Thus, if the matter is tried again,

plaintiff must properly authenticate the monthly statements as

required by the Rule and the cases we have cited. Whether

Sharpe, some other witness, or defendant, if called by plaintiff

as a witness, can establish the underlying predicates making the

monthly statements admissible as a business record is a question

we cannot answer at this time. It suffices to say that Sharpe

was never accorded that opportunity because of the judge's

ruling.

Reversed and remanded for a new trial. We do not retain

jurisdiction.

34a

35a

Ahlam Oughla 109 66th street apt 2 West New York, NJ 07093

To: Pressler and Pressler 7 Entin Road Parsippany, NJ 07054

..

RE: New Century Financial Services, Inc. vs. Ahlarn Oughla Superior Court of New Jersey: Law Division Hudson special Civil Part Docket DC-0044244-12

.' ~"'" .... ~,

} 05/0112012

Enclosed please fmd the Requests for Production of Documents. They must be answered within thirty days and returned to my horne address as specified above with the Certification signed under the N.J. Court Rule 4: 18-1.

Regards, Ahlarn Oughla

~-----Enclosures: Requests for document Production.

CC: Superior Court of New Jersey Law Division Hudson Special Civil Part.

"" .

36a

New Century Financial Services, Inc.

Plaintiff

Vs AhIam Oughla

Defendant

To: Pressler and Pressler 7 Entin Road Parsippany, NJ 07054

Superior Court of New Jersey Law Division Hudson Special Civil Part Docket Number DC-004244-12

Civil Action Requests for Production of Documents Dated 05/01112

COMES Now Defendant Pro Se, AhIam Oughla, and submits the following Requests for Production of Documents to Plaintiff, New Century Financial Services, pursuant to the N.J. Court Rule 4: 18-1.

"Document" means any written, recorded or graphic matter, whether produced, reproduced or stored on papers, cards, tapes, belts, or computer devices or any other medium in your possession, custody or control, or known by you to exist, and includes originals, all copies of originals, and all prior drafts. It includes all original business records, non-identical copies, computations, memoranda of oral or telephone conversations, tabulations, records of correspondence, notes made on other documents, microfilms, etc. A request to identify a document is a request to state as applicable:

a. The date of the document; b. The type of document; c. The names and present addresses of the person or persons who prepared the document and of the signers and addressers ofthe document; d. The name of the employer or principal whom the signers, addressers and preparers were representing; e. The present location of the document; f. The name and current business and home addresses of the present custodians of the original document, and any copies of it; g. A summary of the contents of the document; and h. If the original document was destroyed, the date and reason for or circumstances by which it was destroyed.

Each request stated in the next page demands production of documents relating to the alleged CREDIT ONE BANK, N.A Account Number 4447962145828657 purchased by New Century Financial Services.

37a

I. Provide a copy of the applicable Credit One Bank cardmember agreement which states interest rate, grace period, terms of repayment, et cetera;

2. Provide a notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;

3. Provide a copy of the bill of sale or assignment from Credit One Bank to Plaintiff;

4. Provide copies of all credit card statements which must be itemized and related to the account and beginning with a balance of -0- and ending with the amount claimed in the Complaint of $793.04;

5. Provide copies of all documents not referenced in the above requests that Plaintiff intends to present at a hearing of this matter.

Certification

I hereby certify (or aver) that I have reviewed the document production request and that I have made or caused to be made a good faith search for documents responsive to the request. I further certify (or aver) that as of this date, to the best of my knowledge and information, the production is complete and accurate based on 0 my personal knowledge and/or ( ) information provided by others. I acknowledge my continuing obligation to make a good faith effort to identify additional documents that are responsive to the request and to promptly serve a supplemental written response and production of such documents, as appropriate, as I become aware of them. The following is a list of the identity and source of knowledge of those who provided information to me:

New Century Financial Services Inc. Dated:

Page 1 of 2

PHILIP D. STERN & ASSOCIATES, LLC ATTORNEYS AT LAW 697 Valley Street, Suite 2d Maplewood, NJ 07040 (973) 379-7500 Attorneys for Defendant, Ahlam Oughla

NEW CENTURY FINANCIAL SERVICES, INC., Plaintiff vs. AHLAM OUGHLA, Defendant.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION

Civil Action

Docket No. A-006078-11 (HUD-DC-4244-12)

STATEMENT OF ITEMS SUBMITTED ON SUMMARY JUDGMENT PURSUANT TO

COURT RULE 2:6-1(a)(1)

Procedural History

Plaintiff filed a Motion for Summary Judgment on June 14, 2012. Defendant

filed opposition on May 24, 2012. The Honorable Martha T. Royster granted

Plaintiff’s motion on the papers and an Order granting summary judgment and

entering judgment against Defendant was entered on May 25, 2012.

Items Submitted on Summary Judgment

Pursuant to R. 2:6-1, the following is an itemized list, by filing date, of the

items submitted on summary judgment with citations to its starting page in this

Appendix. In accordance with R. 2:6-1, all briefs are excluded because they were

neither referred to in the trial court’s decision nor is there a question whether an

issue was raised in the trial court germane to the appeal.

38a

Page 2 of 2

Plaintiff’s Motion for Summary Judgment filed May 14, 2012 ...................... Da19 Notice of Motion .................................................................................. Da20 Statement of Material Facts ................................................................. Da22 Certification in Support of Summary Judgment ........................ Da23 Electronically Transmitted Information from Seller ....... Da25 Interest Report ................................................................ Da26 Exhibit A: Chain-of-Title Documents ......................................... Da27 Assignment of Accounts and Bill of Sale ........................ Da28 Declaration of Account Transfer ..................................... Da29 Exhibit A Receivables File 11.17.08 .................... Da30 Transfer and Assignment ................................................ Da31 Exhibit A Receivables File 11.30.11 .................... Da32 Exhibit 1 Bill of Sale and Assignment ............................. Da33 Exhibit B: Copy of the last billing statement ............................. Da34 Exhibit C: Defendant’s Answer .................................................. Da36 Exhibit D: Defendant’s Responses to Plaintiff’s Interrogatories . Da37 Brief ................................................................................................. Omitted Proof of Mailing ................................................................................... Da41 Proposed form of Order ....................................................................... Da63 Defendant’s Opposition to Summary Judgment filed May 24, 2012 Opposition to Motion for Summary Judgment (legal arguments) ... Omitted Brief ................................................................................................. Omitted omitted Certification in Opposition to Motion .................................................. Da42 Certification of Service .............................................................. Da43 Statement of Material Facts....................................................... Da44 Exhibit A: Plaintiff’s Response to Defendant’s Request for Production of Documents ............................................... Da45 Proposed form of Order ....................................................................... Da69

39a

40a

RECEIVED MONDAY 5/14/2012 3:56:13 PM 9194845

IV\A.URICE H PRESSLER (1W0-2C02)

SHELDON H PRESSLER

GERARD J FELT

STEVEN P IVtCABE

LAWRENCE J IVtDERMOTT. JR

MITCHELL L WILLIAMSON (NJ & NY]

FRANCIS X GRIMES (NJ & PAl

DARREN H TANAKA. (NJ & NY]

JOANNE L D'AURIZIO (DC,FL, NJ & NY]

MITCHELL E ZIPKIN (NJ & NY]

CRAIG S STILLER (NY ONLy]

RALPH GULKO (NJ ,NY & PI\)

05/14/12

PRESSLER AND PRESSLER,LLP COUNSELLORS AT LAW

7 Entin Rd. Parsippany, NJ 07054-5020

Off: (973) 753-5100 Fax: (973) 753-5353

NY Office: PA Office 305 Broadway, 9th Floor 804 West Avenue

New York, NY 10007 Jenkintown, PA 19046 Office: (516)222-7929 Office (215)576-1900 Fax: (973)753-5353 Fax: (215) 576-7299

E-MAIL: en!~_~l!:lL@PDE§!~J..-J?J..Et~~J!!L~9..1JJ. Please Reply To:

[X] New Jersey Office [ 1 New York Office [ 1 Pennsylvania Office

Motion

DANIEL B SULLIVAN DARYL J KIPNIS

DALE L GELBER GLEN H CHULSKY

GINA M LO BUE (NJ & NY] MICHAEL J PETERS

EDWARD STOCK (PA ONLy] RITAE AYOUB

NICHOLAS J MADONIA THOIV\A.S M BROGAN

CHRISTOPHER P ODOGBILI STEVEN A LANG

OFFICE HOURS

Monday-Thursday 8am-9pm

Friday 8am-7pm

Saturday 9am-2pm

Please file the Motion on the following case. If you have any questions/problems please call Aneta Koszelnik at 973-753-5100 x 5569.

Very truly yours,

PRESSLER & PRESSLER,LLP

41a

048924

PRESSLER MD PRESSLER, L.L.P. COUNSELLORS AT LAW

7 Ent"in Rd.

Parsippany, NJ 07054-5020

(973) 153-5100

Attorney for Plaintiff

NEW CENTURY FINANCIAL SERVICES, INC.

Plaintiff

vs Al-ILAM OUGHLA

Defendant

TO: AHLAM OUGHLA

109 66TH ST APT 2 WEST NEW YORK, NJ 070933106

P&P File # 048924 TEAM A FEE: NO FEE ITEM

SUPERIOR COURT OF NEW JERSEY LAW DIVISION HUDSON Special Civil Part Docket No DC-004244-12 CIVIL ACTION

NOTICE OF MOTION SUMMARY JUDGMENT

TAKE NOTICE that the undersigned will apply to the above named SPECIAL CIVIL CASE MGMT OFFICE 595 NEWARK AVE, ROOM 711 JERSEY CITY,

court at NJ 07306

for entry of an Order entering Summary against the Defendant, AHLAM OUGHLA following grounds:

Judgment in favor of the Plaintiff and in the sum of $725.40 plus costs upon the

There are no facts in dispute and as a matter of law, plaintiff is entitled to judgment. See annexed certification.

The order sought will be entered in the discretion of the court unless the attorney or pro se party upon whom it has been served notifies the clerk of the court and the attorney for the moving party or the pro se party in writing within ten days after the date of service of the motion that the responding party objects to the entry of the order.

NOTICE. IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO IN WRITING. Your written response must be in the form of a certification or affidavit. That means that the person signing it swears to the truth of the statements in the certification or affidavit and is aware that the court can punish him or her if the statements are knowingly false. You may ask for oral argument, which means you can ask to appear before the court to explain your position. If the court grants oral argument, you will be notified of the time, date, and place. Your response, if any, must be in writing even if you request oral argument. Any papers you send to the court must also be sent to the opposing party's attorney, or the opposing party if they are not represented by an attorney.

42a

We are asking the court to make a final decision against you without a trial or an opportunity for you to present your case to a judge. We requesting that a decision be entered against you because we say that important facts are not in dispute and the law entitles us to a judgment.

are the If

you object to the motion, you must file a written response stating what facts are disputed and why a decision should not be entered against you.

PRESSLER, LLP

DATED: 05/14/12

43a

P&P File Number 048924 STATEMENT OF MATERIAL FACTS

1. The Plaintiffs predecessor in interest extended credit to Defendant pursuant to Credit One Bank, N.A. under account number 4447 9621 4582 8657, as indicated in the Summons and Complaint and in Plaintiffs Certification in support of Summary Judgment.

2. Annexed hereto is Plaintiffs Certification in support of the instant Motion for Summary Judgment, which states that Plaintiff is the current owner of Credit One Bank, N.A. account number 44479621 45828657; and that a balance of $725.40 is owed by Defendant.

3. The "Electronically Transmitted Information From Seller" referenced in Plaintiffs Certification reflects that the subject Credit One Bank, N.A. account was opened on or about 10/25/07 ("Origination Date") and that payment was last credited towards the outstanding balance on 03/02/08 ("LastPmtDate"). The account was subsequently charged~off on or about 10/05/08 ("ChgOftDate") and the amount of $723.82 remained due ("ChgOffBalance"). This is the principal of the instant action.

4. As indicated in the previously referenced Certification and statement, interest subsequent to the charge~off of the subject account has accrued on the outstanding balance in accordance with the interest rate set by Court Rule 4:42~II.

5. Annexed hereto as Exhibit A please find the chain~of~title relevant to Credit One Bank, N.A. account number 44479621 45828657.

6. The individual bills of sale which make up the chain~of~title document the bulk transfers of delinquent credit accounts from the original creditor (Credit One Bank, N.A.) to Sherman Originator, LLC (a subsidiary of Sherman Financial Group, LLC); and from Sherman Financial Group, LLC (through its subsidiary Sherman Acquisition, LLC) to Plaintiff (New Century Financial Services, Inc.).

7. Annexed hereto as Exhibit B, is a copy of the last billing statement for the subject Credit One Bank, N.A. account number 4447 9621 4582 8657. The account statement has a closing date of October 4, 2008 and advises Defendant that his account was scheduled to be charged~off. The statement reflects a balance due and owing of $723.82, which is the principal amount of Plaintiff's claim.

8. Defendant's Answer, a copy of which is enclosed as Exhibit C, only sets forth a general denial of the underlying account stating that Plaintiff has provided no documentation of same. However, the last billing statement (Exhibit B) bears Defendant's current horne address of 109 66th Street Apt. 2 in West New York, New Jersey. This is the same address Defendant has used throughout litigation.

9. Annexed hereto as Exhibit D, are Defendant's responses to Plaintiffs Interrogatories. Defendant asserts that Plaintiff lacks standing to bring this action. However, Defendant has yet to provide any actual documentation supporting this defense. Conversely, Plaintiff has presented the chain~ of~title, last billing statement, and its own Certification supporting its current ownership and the balance of the underlying account.

10. Based on Plaintiff s proofs, Defendant has failed to raise any reasonable question of fact, and based on the entirety of the foregoing, there are no material issues of facts in dispute and Plaintiffs Motion for Summary Judgment should be granted.

11. Wherefore, judgment should be entered in favor of Plaintiff and against the Defendant in the amount of $725.40, plus costs.

44a

PRESSLER AAU PRESSLER, L.L.P. COUNSELLORS AT LAW

7 Entin Rd.

PnrRippany, NJ 01054-5020

(973) 753-5100

Attorney fer Plaintiff

NEW CENTURY FINANCIAL SERVICES, INC.

Plaintiff vs. AHLAM OUGHLA

Defendants

P&P File # 048924 TEAM A FEE: NO FEE ITEM

SUPERIOR COURT OF NEW JERSEY LAW DIVISION HUDSON Special Civil Part

DOCKET NO. DC-004244-12

Civil Action CERTIFICATION IN SUPPORT OF SUMMARY JUDGMENT

1. I, the undersigned, am BUSINESS DEVELOPMENT MANAGER for the plaintiff in

the above matter and am duly authorized to make this Certification. Plaintiff

is the present owner by purchase of defendant's CREDIT ONE BANK, N.A. account

number 4447962145828657 , a claim founded upon an open-end credit plan as

defined in 15 U.S.1602(i) and 12 C.F.R. 226.2(a) (20).

2. I am familiar with the business and records of the plaintiff which are

maintained electronically. Attached hereto is the electronically transmitted

information from seller setting forth the account information as

electronically transferred and received.

3 . There is due and owing from the defendant(s) AHLAM OUGHLA to the

plaintiff the following:

(a) As set forth in the electronically

transmitted information from seller the account

balance outstanding at the time of purchase and

assignment to plaintiff, giving credit for all

payments and credits prior to purchase and

assignment (same does not include collection

costs or attorney fees), entitled

45a

"ChgOffBalance", is ........................... .

(b) The interest has been computed pursuant to

Rule 4:42-11 on the account balance set forth

from the date of breach to the date set forth

below as per the "Interest Report"

attached hereto .............................. .

(c) The defendant is entitled to credits that

occurred after suit was instituted which are

reflected in the "Interest Report" in the

amoun t of .................................... .

$723.82

$1. 58

$0.00

Total Balance Due .......................... $725.40

4. The last payment made on this account was on 03/02/08

5. The plaintiff has demanded full payment, and the defendant(s),AHLAM

OUGHLA has failed to pay.

6. All documents annexed hereto are true and accurate copies.

I certify that the foregoing statements made by me are true. I am aware

if any of the foregoing statements made by me are willfully false,

subject to punishment.

DATED: 05/11/12

that

I am

46a

ELECTRONICALLY TRANSMITTED INFORMATION FROM SELLER

Claim No 048924

AcctID PortfolioID Merchant AccountNumber SSN Prefix BrwrFirstName BrwrLastName Suffix BrwrAddr1 BrwrAddr2 City State Zip Zip4 CoSSN CoPrefix CoFirstName CoLastName CoSuffix CoAddress COAddress2 CoCity Co.State CoZip CoZip4 OriginationDate LastPmtDate ChgOffDate ChgOffBalance PrincipalBalance InterestBalance OtherBalance CurrBalance

340873226 12143 CREDIT ONE BANK, N.A. 4447962145828657 -Ahlam Oughla

109 66th St

West New York NJ 07093 3106 ######

10/25/2007 03/02/2008 10/05/2008 723.82 723.82 112.8 o 836.62

47a

INTEREST REPORT From 12/02/11 to 05/10/12

Original Creditor; CREDIT ONE BANK, N.A. of Acct # 4447962145828657

Account Holder; AHLAM OUGHLA

Present Owner: NEW CENTURY FINANCIAL SERVICES, INC. of Acct'

4447962145828657

Previeus Balance

As of 12/02/11

$723.82

Transactions

$0.00

Periodic Rates: Presently none

Credits

See Below

$0.00

Inlerest

See Below

$1. 58

Other Charges

(Collection/Attorney Fees)

$0.00

New Balance

$725.40

Balance on which Finance Charge is computed: No finance charges computed since charge-off. Charge-off balance: $723.82 Amount of Finance Charge: None Requested Annual Percentage Rate: No finance charge sought since charge-off Closing Date of Billing Cycle: 10/05/08 Interest Rate: Court rate set by New Jersey Court Rule Rule 4:42-11(a). See below Interest Start Date: 12/02/11 Charge-off date or last payment date after charge-off. Balance on which Interest Computed: $723.82 (previous balance) Interest End Date: 05/10/12 Amount of Interest: Sl.58

Docket Number: DC-004244-12 Plaintiff NEW CENTURY FINANCIAL SERVICES, INC.

vs Defendant(s) AHLAM OUGHLA Previous Balance: 723.82 Start Date : 12/02/11

Date Type

12/02/11 START

05/10/12 RATE CHG

Days Taxable Curr Rt Daily Int

New Rate

0 723.82 0.50 0.0099 0.50

160 723.82 0.50 0.0099 0.50

Int Bal New Int App Int

0.00 0.00 0.00 0.00 1. 58 0.00

Prin Bal

App Prin

723.82

0.00 723.82

0.00

Total Accumulated Interest 1.58 Ending Rate 0.50

Cost Bal New Cost App Cost

0.00 0.00 0.00 0.00 0.00 0.00

Payment Bal Carr +Charges

App Canst -App Pay

0.00 723.82 +0.00

0.00 -0.00 0.00 723.82

+1.58 0.00 -0.00

Balance 725.40

48a

Exhibit A

49a

ASSIGNMENT OF ACCQl)NTS AND BILL OF SALE

MHC Receivables, LLC ("Seller"), for value received, transfers, sells, assigns, conveys, grants and delivers 10 Sherman Originator LLC ("Buyer"), who subsequently transfers to LVNV Funding L,LC ("Subsequent Buyer") , all right, title and interest in and to (I) Seller's unsecured consumer credit card accounts which are described on computer files furnished by Sellcr to Buyer in connection herewith; and Oi) all proceeds of such accounts (each, an "Account") after the close of business on November 17, 2008.

This Assignment is subject to the terms of the Agreement for the Sale and Purchase of Chargeoff Receivables dated August 14, 2007, the First Amendment dated January 14,2008, and the Second Amendment dated February 19,2008, between the parties hereto (the "Agreement'f), without representations and warranties of any kind or character except as set tOlth therein.

DATE: 11117/08

MHC Receivables, LI .. C

Sherman Originator Ll/C

By ~r

50a

Declaration of Account Transfer

Shennan Originator LLC ("SOLLC"), without recourse, to the extent pennitted by applicable law, transferred, sold, assigned, conveyed, granted and delivered to L VNV Funding LLC ("L VNV") all of its right, title and interest in and to the receivables and other assets (the "Assets") identified on Exhibit A, in the Receivable File dated November 11, 2008 delivered by MHC Receivables, LLC on November 17,2008 for purchase by SOLLC on November 17,2008. The transfer of the Assets included electronically stored business records.

Sherman Originator LLC

a Delaware Limited Liability Company

By ttlJ::ft::;:: Title: Authorized Representative

L VNV Funding LLC a Delaware Limited Liability Company

By: :=z::.a:.. -<7 =<2 ~ Name: Les Gutierrez .

Title: Authorized Representative

51a

Receivables File 11.17.08

Transfer Group

105580

Portfolio

12143

Exhibit A

Transfer Batch

N/A

52a

Transfer and Assignment

L VNV Funding LLC ("L VNV"), without recourse, to the extent pennitted by applicable law, hereby transfers, sells, assigns, conveys, grants and delivers to Shennan Acquisition, L.L.c. ("SALLe") all of its right, title and interest in and to the receivables and other assets (the "Assets") identified on Exhibit A, in the Receivable File dated November 30, 2011. The transfer of the Assets included electronically stored business records.

Dated: November 30, 2011

Dated: November 30, 2011

L VNV Funding LLC a Delaware Limited Liability Company

By: ~_ --<Z <7 ~ Name: Les Gutienez Title: Authorized Representative

SHERMAN ACQUISITION LLC /

a Delaware mite(iability company

By: /1. '<~ Name: Title:

53a

Receivables File 11.30.11

Transfer Group

209950

Portfolio

Exhibit A

Transfer Batch

139172

54a

EXHIBIT 1 BILL OF SALE AND ASSIGNMENT

KNOW ALL MEN BY THESE PRESENTS, that the undersigned Sherman Acquisition LLC ("Assignor"), for good and valuable consideration, the receipt of which is hereby acknowledged, does by these presents, assign, sell, transfer, convey, and set over to New Century Financial Services, Inc. ("Assignee"), its successors and assigns, all rights, title and interest in and to certain charged~off receivables (the "Chargedpoff Accounts"), related documents evidencing a security interest in favor of Assignor, liens or other security instruments or encumbrances executed in favor of Assignor, filed and/or created in conjunction with collateral securing the Chargedpoff Accounts. Such Chargedpoff Accounts are described in the attached Appendix A and referred to as Chargedpoff Accounts in the Purchase and Sale Agreement between Assignor and Assignee and dated November 30, 2011.

This Assignment is made without recourse or warranty except as otherwise provided in the Agreement executed by Assignor and Assignee with regard to the Chargedpoff Accounts and other rights, privileges and documentation referred to herein.

Dated this 30th day of November, 2011

WITNESS

By:dfk Alonso Galvan Vice President

SHERMAN ACQUISITION LLC

19

55a

Exhibit B

56a

VISA Account: 44479621 45826657 Customer Service: 877-625-3242

24f7 Online Account Access: www.CreditOneBank.com

Send Inquiries To: CREDIT ONE BANK P.O. BOX 98873 lAS VEGAS, NV 89193

Statement Closing Date Total Credit Line Available For Purchases Available For Cash New Balance $723.82 10/04/08 $300.00 $0.00 $0.00

Payment Due Date Amount Over Credit Line (OCl) Amount Past Due Amount Due This Period Minimum Payment Due $723.82 10/29/08 $423.82 $159.00 $593.82

To avoid DCL fees, pay the greater of the "Amount DCL" or the "Minimum Payment Due" by the due date.

Trans Date Post Date

10/04 10/04

10/04 10/04

Account Summary

Reference Number Activity Since last Statement

SERVICE CHARGE CLOSED ACCT. MAINT FEE 'FINANCE CHARGE' LATE FEE

'FINANCE CHARGE' PURCHASES $12.28 CASH ADVANCE $0.00

YOUR ACCOUNT IS SCHEDULED TO BE CHARGED OFF.

Previous Balance

$679.54

THE BALANCE WILL BE DUE IN FULL. CALL (888) 729-6274.

YOUR ACCOUNT IS CURRENTLY CLOSED.

(+) Purchases, Fees. Charges & Advances

(-) Payments & (+) FINANCE CHARGE Credits included in APR

$29.00 $0.00 $15.28

Amount

3.00 29.00 12.28

(=) New Balance

$723.82

Days This Billing Period: 30

Rate Summary

PURCHASES CASH ADVANCES

Average Daily Balance

$616.28 $0.00

Monthly Periodic Rate

1.992% 1.992%

SEND PAYMENTS TO: P.O. BOX 60500 CrrY OF INDUSTRY, CA 91716-0500

Corresponding APR

23.90% 23.90%

ANNUAL PERCENTAGE RATE (APR)

29.75% 23.90%

Make check or money order payable in U.S. dollars on a U.S. bank to Credit One Bank. Include account number on check or money order. No cash please.

0385 0001 H8G 7 4 081003 C X Pdga 1 of 1 57,7 9620 CM76 01BU5385 11814

D

Payment Due Date Your New Balanoe

10/29/08 $723.82

For address and telephone changes, please check the box and complete reverse side.

~§E~c~ g~;O~ANK CITY OF INDUSTRY CA 91716-0500

11,1"",111",1",11,11"11""1,1,11",11,,,11,,,11,"",111

Your Account Number

44479621 45828657

Minimum Payment Due Please Enter Amount Of Payment Enclosed

$723.82 $

To ensure proper credit. please return this portion with your payment. Please write your account number on your check. made payable to CREDIT ONE BANK. We may process your payment electronically. See payments paragraph on back.

AHLAM OUGHLA I ]1814 109 66TH ST N 2 WEST NEW YORk NJ 07093-3106

III", I,,, III", I, I"" II, "11,,,,1111,,,, II" II", I, I"" I, II

0072382 0072382 4447962145828657 7

SUBSTITUTION PAGE

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

57a

58a

Exhibit D

59a

AhlamOugWa 1 09 66th street apt 2 West New York, NJ 07093

To: Pressler and Pressler 7 Entin Road Parsippany, NJ 07054

RE: New Century Financial Services, Inc. vs. Ahlam Oughla Superior Court of New Jersey: Law Division Hudson special Civil Part Docket DC-0044244-1 2

Mr. Darren H. Tanaka,

05/0112012

Enclosed please find the answers to the interrogatories you have requested on 04/04/2012.

Regards,

Ahlam Oughla

~G-----'-~ Enclosure: Answers to P&P file 048924 interrogatories.

\ I , I

I

1 !

60a

New Century Financial Services, INC.

Plaintiff

Vs Ahlam Oughla

Defendant

To: Pressler and Pressler 7 Entin Road Parsippany, NJ 07054

Superior Court of New Jersey Law Division Hudson Special Civil Part Docket Number DC-004244-12

Civil Action Answer to Interrogatories Dated 05/01112

Comes the defendant with answers to the plaintiff's interrogatories dated 04/04112.

1. Set forth with specificity all facts in support of each defense and/or claim which the defendant has in the above-entitled matter including dates, places, names and addresses of persons present or involved in any actions and/or conversations.

ANS. Claim: Plaintiff lacks standing to bring suit. Facts: Plaintiff has not shown standing to bring suit, such as a full chain of transfer and assignment of alleged debt, with full testament and notarization by each seller.

2. Attach copies of all writings, documents, or any other records which relate to said account or in any way support any defenses or claims, including, but not limited to, correspondence, contracts, agreements, notices, monthly statements, applications, and any letters sent to or received in connection with the subject account.

ANS. Support of claim is based on lack of documentation.

3.attach any documentation evidencing defendant's mailing address(es) between 10/25107 to 10105108, which should include, but is not limited to, copies of energy or water bills, telephone bills, lease(s) and/or deed(s) mortgages and drivers license(s). if said documentation is not in the possession of the defendant, please list each address at which the defendant received mail during the time period requested.

I , \ i , :

\

I

\

\ \ ;

61a

ANS. Objection 1. Plaintiff has no standing to bring suit, and therefore has no standing at this time to obtain private infonnation of defendant.

Objection 2. Plaintiffhas successfully served defendant. Mailing address, or proof thereof, is not relevant to a cause of action with an individual. See also objection 1. Defendant currently receives mail at: 109 66th street apt 2, West New York, NJ 07093.

Obj ection 3. Plaintiff seeks excessive proof for each mailing address by wanting multiple sources of proof. Defendant alleges that plaintiff is fishing for any and all private and personal infonnation inappropriate for this matter. See also objection 1.

Certification

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

I certify that the copies of the reports annexed hereto rendered by proposed expert witnesses are exact copies of the entire report and/or opinion rendered by them; that the existence of other reports or opinions of each of said experts, either written or oral, are unknown to me; and if such ~. ::ailable. I shall serve them promptly upon the propounding party.

AWamOughla Dated: ..s _ \ - \ "'2-

62a

PRESSLER ~D PRESSLER, L.L.P. COUNSELLORS AT LAW

7 Entin Rd.

Parsippany. NJ 07054-5020

(9"/3) 753-5100

Attorney for Plaintiff

P&P File # 048924 TEAM A FEE: NO FEE ITEM

NEW CENTURY FINANCIAL SERVICES, INC. SUPERIOR COURT OF NEW JERSEY LAW DIVISION

Plaintiff HUDSON Special Civil Part DOCKET NO. DC-004244-12

vs. AHLAM OUGHLA

Defendant

Civil Action

PROOF OF MAILING

I, the undersigned, employed by LLP , attorneys for the plaintiff, SERVICES, INC. ,in the above

On 05/14/12 , Pressler and Pressler, NEW CENTURY FINANCIAL entitled action, did serve the Notice of Motion on the:

Defendant(s) : AHLAM OUGHLA

109 66TH ST APT 2 WEST NEW YORK, NJ 070933106

being the last know address, simultaneously by certified mail, return receipt requested and by regular mail with postage prepaid thereon, by depositing in a United States Post Office mailbox at Parsippany, New Jersey .

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Dated: 05/14/12

63a

048924 P&p File # 048924

TEAM A FEE: NO FEE ITEM

PRESSLER MD PRESSLER, L.L.P. CQUW;r;LLQRS AT LAW

7 Entin Rd.

Parsippany, NJ 07054-5020

(973) "'~3-5100

Attorney for Plaintiff

NEW CENTURY FINANCIAL SERVICES, INC.

SUPERIOR COURT OF NEW JERSEY: Plaintiff

vs. AHLAM OUGHLA

Defendants

LAW DIVISION HUDSON Special Civil Part DOCKET NO. DC-004244-12

Civil Action

ORDER SUMMARY JUDGMENT

THIS MATTER having been opened to Pressler, LLP , Attorneys for Plaintiff Summary Judgment, and the Court having certification of the plaintiff,

the Court by Pressler by Notice of Motion considered the brief

IT IS on the day of 2012

and for and

ORDERED THAT Summary Judgment be and hereby is entered in favor of the Plaintiff and against the Defendant(s) AHLAM OUGHLA in the sum of $725.40 plus costs.

Opposed Unopposed

J.S.C

64a

Ahlam Oughla Your Name (first, middle, last)

109 66th Street Apt 2 Street Address

West New York, NJ, 07093

Superior Court Of New Jersey Law Division, Civil Part

_H_U_d_so_n~ ______ ~G1~~ Counry

Docket No, DC-{)04244-12

Town,St.te,ZipCode RE --=(64=6)6=57-=-96=56-----=--,---..,.-----,-;--;-_--.;: = C EIV e D

Telephone Number

New Century Financial SerVlteS ( 1"" IlAY 2~. ft Certification in Opposition to Motion ~~~~~~~~P~I.~in~h~·ff~~~------

~.~ YS.

Ahlam Oughla Defendant

I, Ahlam Oughla , am the (check one) _ PLAINTIFF --X... DEFENDANT in (your name)

the captioned matter. I hereby enter my objection to the Motion to Summary Judgment (enter type of motion)

filed by the (check one) X- PLAINTIFF __ DEFENDANT. This motion should be denied because: (state the basis for your opposition to the motion; use additional paper if necessary)

Please see enclosed documents.

Pursuant to R. 1 :6-2(d), the undersigned: (check one)

( X ) ( )

Waives oral argument and consents to disposition on the papers. Requests oral argument for the following reasons:

I certify that the foregoing stataments made by me are true. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment.

Revised 0412008, CN 10556-English (How to FHe a Response to a Motion) Page 5 016

\

65a

CERTIFICATION OF SERVICE

I further certify that on May 24th ,2012 ,I sent my opposition the motion to the following by ( l regular mail, (Xl certified mail (Check which mailing method you chose. If you sent it by both regular and certified mail, check both): (list each party to the lawsuit; send your opposition to the attorney if the party is represented by counsel; if the party is pro sE/_You may send the papers direcUy to that individual).

Name

Address

Attorney for

Date: 05/24/2012

'"

Name Pressler & Pressler

Address 7 Entin Road Parsippany, NJ 07054

Attorney for New Centyrv Financial Services I", . i

Signature ~-=11E.~~~~~~s-::---..~=-__ Ahlam Oughla

U.S. Postal Service'M CERTIFIED MAIL'M RECEIPT

(print or typa your name)

(Domestic Mail Only; No Insurance Coverage Provided)

~~~P:'~~~-~;=~~~:~!!~~A~l:::U:S:~'E~'~~ or $1 10 /<~(~n~ N E: frA LIl Postage f-$---,-,-_. --il~~Jri-')..~~

~ I '>~ 1-.... ,\

~ Relum:::~;:: $2.95 IJoa

postma: "7 t:J (E"d,rnem'"'Roq,',ad) $2.35 "AY 2 4fi!>1Il2 t:J f---~~~~

Restricted Delivery Fee CJ (Endorsement Required) $0.00 t:J

~ ~Th~m~,p~'=m=g=a&=F~a=aS~$=====$6=.=~==::~~==::=-__ , M

. ~ t~~~~:~l.f~::t":~:::((~~J::::::~::::::~; ::::::::::::::::::::::::1

Revised 04/2008, eN 10556-Engllsh (How to File a Response to a Motion) Page6of6

66a

Statement of Material Facts

I. There is no admissible evidence of the formation of a contract between Credit One Bank, N.A.

and Defendant.

2. There is no admissible evidence of the tenns of any contract between Credit One Bank, N.A.

and Defendant.

3. There is no admissible evidence that Defendant breached any contract with Credit One Bank,

N.A.

4. There is no admissible evidence as to the debits, credits, and payments associated with the

alleged account, including the fees, charges, and interest from which to detennine the

amount purportedly due.

5. Exhibit A of Plaintiff's Motion for Summary Judgment allegedly consists of the chain-of-title

relevant to this claim, however nowhere in any of these individual bills of sale is the defendant's

name or alleged account number referenced or cited.

6. Annexed hereto as Exhibit A, is a copy of Plaintiff's answer to produce documents, in which

plaintiff objects and does not produce any of the documents requested.

7. Based on Plaintiff's absence of admissible evidence and lack of standing, Plaintiff's Motion for

Summary Judgment should be denied.

Page 2 of 5

67a

; Exhibit A

68a

,/

!

MAURICE H. PRESSlER (1930-2002)

SHElOilN H. PRESSLER

GERARDJ. FELT

STEVEN P. McCABE LAWRENCE J. McDERMOTT. JR

MITCHELL L WILLIAMSON (NJ 8, NY)

FRANCtSX. GRIMES {NJ & PAl DARREN H. TANAKA (NJ 8, NY)

PRESSLER AND PRESSLER,LLP COUNSELLORS AT LAW

lEntin Rd. Parsippany, NJ 07054·5020

Off: (973) 753-5100 I=a,,: (973) 753-5353

NY OffICe: PA Office 305 Broadway, 9" Floor 804 West Avenue

New Yorl<, NY 10007 Jenkintown, PA 19046

OANIEL B, SUlliVAN

DALE L GELBER

GINA M. LO BUE (NJ & NY)

EOWARD $TOCK (PAONl YI

NICHOlAS J. MADONIA

CHRI$rOPHt:" P. OOOGBiU

OFFICE HOURS:

DARYL J. KIPNIS

GlEN H. CHUlSKY

MICHAEl J. PETERS

RITA E. AYOUB

THOMAS M. BROGAN 5 rEVEN A. lAN(;

JOANNE L O'AURIZ1D (DC ,FL, NJ & NY)

MITCHELL E. ZIPKIN (NJ & NY) Office: (516)222·7929 Office (215)576-1900 MonClay-1'Ittnday: 8am-9pm

CRAIG S. STillER (NY ONt YI

RAlPH GULKO (NJ ,NV & PA)

MAY 9, 2012.

AHLAM OUGHLA 109 66TH ST APT 2

Fax: (973)753·5353 Fax: (215) 576-7299 E-MAIl: Pressler®PfBssler-Pressier.com

Please Rep~ To: IXI New Jersey Office I I New Yorl< OffICe ( I Pennsylvania Office

WEST NEW YORK., NJ 070933106

Re: NEW CENTURY FINANCIAL SERVICES, INC. vs AHLAM OUGHLA Superior Court of New Jersey: Law Division Special Civil Part: HUDSON- Docket No. DC-004244-12 P&P File Number 048924

Dear Mr. Oughla:

Friday: 8anr7prn -,-"'"

Plaintiff acknowledges receipt of Defendant's Request for Production of Documents with regard to the above-captioned matter. However, Plaintiff objects to same as they are nonconfonning pursuant to B,. 6:4-3(f), and as such shall not be fulfilled.

Very truly yours,

PRESSLER & PRESSLER,LLP

~n~ < /-

/':DARYL 1. KIPNIS

DHT/NG

This is a communication from a debt collector.

Opposed UnopposedJ.S.C.

Page 90f9

...• FORMC

SUPERIOR COURT OF NEW JERSEYLAW DIVISION

SPECIAL CIVIL PART

~\\J\;)<;Ol'J CountyDocket Number C( -00 ~ ~4t.-' -:z

~h,w t~V\o.."'(A~c~\Sn\)~(.e) I..L.Plaintiffs Name f "st, middle, last)

no ~ 5ou~ ·XntXSf)l.. 'Re~& ~\)~'~l-' \04Address

Telephone Number1\, VS.I\~\""'" OU%~\C\Defendant's Name (first, middle, last)

\Oct (;6)1 fT ~('r .(Address

Wu'( Nw ~o"y~ N:5 I)1o 'tJ

CIVIL ACTION

ORDER

City, State, Zip Code I

(6~ b) b 51- " 6 S(Telephone Number

This matter being opened to the court by A h \~ ~ O\l ~~ \4 .the (check one)(Your Namet

oPlaintiff ~fendant in the case by way of motion seeking an order to:

__ Permit Discovery Amend Judgment__ Vacate Dismissal/Reinstate Complaint ==Enter Judgment Out of Time__ Amend Complaint __ Vacate DefaulWacate D~UIt J~%mert S~'M'r'he\.r'1__ Amend Answer ~Other (Specify) c.?rrOSe. M L. d01'"" J.,J'a.....e L,tl

and the court having considered the motion, pleadings on file and/or argument of the moving party and forgood cause appearing;

(Do not write below this line, for court use only)

On this day of 20 __

it is ORDERED that

it is FURTHER ORDERED that a copy of this Order be served by the moving party upon all other parties or, . :

their attorneys, if any, within days of the date listed above.

This motion'was~'

Revised 0612008, CN 10543-English (How to File a Motion in Che Special Civil Part) 69a

••

'. • FORM C

N~w Ct"'~V{1. b\/A.",IA,,\ St~vlc.t) I"'L. Plaintiff's Name ( liSt, middle, last) .'

110 ~ $ou)l.5tnt'f,W'" "Ro,,& 'S,\J\~t- \04 Addres.

City, tate, Zip Code

Telephone Number II VS. 1,,,,,,,-...., Ou'?"'\" Defendant'. Name (first, middle, last)

\O'l '6 II}\ 'Ar'r < Address

Wu'f Nw ~oYf. N::S 01D'tJ City, State, Zip Code i

(C ~ (,) f, S 1- 'I 6 st Telephone Number

SUPERIOR COURT OF NEW JERSEY LAW DIVISION

SPECIAL CIVIL PART

~\\J\;)<;'OI'J County

Docket Number ~( -00 4 ~4L.-1 'Z

CIVIL ACTION

ORDER

This matter being opened to the court by !\hll>-Y>. O\l~ \.,\~ .the (check one) (Your Name)

o Plaintiff ~fendant in the case by way of motion seeking an order to:

__ Permit Discovery Amend Judgment __ Vacate Dismissal/Reinstate Complaint = Enter Judgment Out of Time __ Amend Complaint __ Vacate DefaulWacate Dt..UIt J~%mEV1t s",,,,,,,,,,,,r'1 __ Amend Answer Lather (Specify) L>rrose. i"l L. d""'- J"J~....e ..... r,

and the court having considered the motion, pleadings on file and/or argument of the moving party and for good cause appearing;

(Do not write below this line, for court use onlY)

On this ______ day of ______ 20 __

it is ORDERED thaI

it is FURTHER ORDERED that a copy of this Order tie served by the moving party upon all other parties or

their attomeys, if any, within ___ days of the date listed above,

This motion'was:'

Opposed Unopposed J.S.C.

Pag.9019 Revised 0612008, CN 10543-Engiish (How to File a Motion in the Speaal CivIl Part)

70a

RECEIVED THURSDAY 6/14/2012 4:29:24 PM 9307052

PHILIP D. STERN & ASSOCIATES, LLe ATTORNEYS AT LAW

697 VALLEY STREET, SUITE 20, MAPLEWOOD, NJ 07040-2642

June 14, 2012 PHONE (973) 379-7500

FAX (973) 532-0866

ELECTRONIC FILING TRANSMITTAL SHEET for Judiciary Electronic Filing System (JEFIS)

Re: New Century Financial Services, Inc. vs. Ahlam Oughla Docket No. H U D-DC-4244-12

Filer: Philip D. Stern, Esq. Document Type: Motion

Please file Defendant's Motion for Reconsideration, including:

1 . Notice of Motion; 2. Brief of Defendant; and 3. Proposed Form of Order.

For this Motion, ORAL ARGUMENT is REQUESTED ONLY IF OPPOSITION IS FILED.

PAGE 1

71a

PHILIP D. STERN & ASSOCIATES, LLC ATTORNEYS AT LAW

697 Valley Street, Suite 2d Maplewood, NJ 07040 (973) 379-7500 Attorneys for Defendant, Ahlam Oughla

NEW CENTURY FINANCIAL SERVICES, INC., Plaintiff

vs.

AHLAM OUGHLA, Defendant.

TO: Daryl J. Kipnis, Esq. Pressler & Pressler, LLP 7 Entin Road Parsippany, NJ 07054-9944 Attorneys for Plaintiff

SUPERIOR COURT OF NEW JERSEY LAW DIVISION

HUDSON COUNTY - SPECIAL CIVIL PART

Civil Action

Docket No. HUD-DC-4244-12

NOTICE OF MOTION AND PROOF OF SERVICE

Please take notice that Defendant, Ahlam Oughla, will move for an Order to Reconsider the May 25, 2012 Order granting summary judgment in favor of Plaintiff, to vacate judgment entered against Defendant, and to have the matter noticed for trial. The grounds for this Motion are set forth below.

Statement Under R. 6:3-3(c)(2}: The Order sought will be entered in the discretion of the Court unless you notify the clerk of the court and the attorney for Defendant, Ahlam Oughla in writing within 10 days after service of this Motion that you object to the entry of the order. The address of the Court is:

Special Civil Part - Hudson County Superior Court of New Jersey Hudson Fee Office, Admin. Bldg., Rm. G-9 595 Newark Avenue Jersey City, NJ 07306

Notice Under R. 6: 3-3 (c)(3): NOTICE. IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO IN WRITING. Your written response must be in the form of a certification or affidavit. That means that the person signing it swears to the truth of the statements in the certification or affidavit and is aware that the court can punish him or her if the statements are knowingly false. You may ask for oral argument, which means you can ask to appear before the court to explain your position. If the court grants oral argument, you will be notified of the time, date, and place. Your response,

Page 1

72a

if any, must be in writing even if you request oral argument. Any papers you send to the court must also be sent to the opposing party's attorney, or the opposing party if they are not represented by an attorney.

ORAL ARGUMENT: Oral Argument is REQUESTED ONLY IF OPPOSITION IS FILED. Philip D. Stern & Associates, LLC Attorneys for Defendant, Ahlam Oughla

s/Philip D. Stem Dated: June 14, 2012 Philip D. Stern

PROOF OF SERVICE In accordance with R. 1:5-3, I certify that the within pleading was served in accordance

with R. 1:5-2, on the following attorney by ordinary mail, postage prepaid, mailed on the date set forth below and addressed to:

Daryl J. Kipnis, Esq. Pressler & Pressler, LLP 7 Entin Road Parsippany, NJ 07054-9944

Dated: June 14, 2012

Page 2

s/Philip D. Stem Philip D. Stern

73a

RECEIVED MONDAY 7/2/2012 3:52:05 PM 9366213

IV\A.URICE H PRESSLER (1W0-2C02)

SHELDON H PRESSLER

GERARD J FELT

STEVEN P IVtCABE

LAWRENCE J IVtDERMOTT. JR

MITCHELL L WILLIAMSON (NJ & NY]

FRANCIS X GRIMES (NJ & PAl

DARREN H TANAKA. (NJ & NY]

JOANNE L D'AURIZIO (DC,FL, NJ & NY]

MITCHELL E ZIPKIN (NJ & NY]

CRAIG S STILLER (NY ONLy]

RALPH GULKO (NJ ,NY & PI\)

07/02/12

PRESSLER AND PRESSLER,LLP COUNSELLORS AT LAW

7 Entin Rd. Parsippany, NJ 07054-5020

Off: (973) 753-5100 Fax: (973) 753-5353

NY Office: PA Office 305 Broadway, 9th Floor 804 West Avenue

New York, NY 10007 Jenkintown, PA 19046 Office: (516)222-7929 Office (215)576-1900 Fax: (973)753-5353 Fax: (215) 576-7299

E-MAIL: en!~_~l!:lL@PDE§!~J..-J?J..Et~~J!!L~9..1JJ. Please Reply To:

[X] New Jersey Office [ 1 New York Office [ 1 Pennsylvania Office

Objection-motion

DANIEL B SULLIVAN DARYL J KIPNIS

DALE L GELBER GLEN H CHULSKY

GINA M LO BUE (NJ & NY] MICHAEL J PETERS

EDWARD STOCK (PA ONLy] RITAE AYOUB

NICHOLAS J MADONIA THOIV\A.S M BROGAN

CHRISTOPHER P ODOGBILI STEVEN A LANG

OFFICE HOURS

Monday-Thursday 8am-9pm

Friday 8am-7pm

Saturday 9am-2pm

Please file the Objection to a motion on the following case. If you have any questions/problems please call Aneta Koszelnik at 973-753-5100 x 5569.

Very truly yours,

PRESSLER & PRESSLER,LLP

74a

PRESSLER AND PRESSLER, LLP COUNSELLORS AT LAW

7 Entin Rd. Parsippany, NJ 07054-5020

(973) 753-5100

Attorney for Plaintiff

NEW CENTURY FINANCIAL SERVICES, INC.

Plaintiff vs. AHLAM OUGHLA

Defendant

P&P File Number 048924

SUPERIOR COURT OF NEW JERSEY LA W DIVISION: HUDSON COUNTY SPECIAL CIVIL PART DOCKET NO.: DC-004244-12

Civil Action CERTIFICATION OF STEVEN A. LANG, ESQ. IN OPPOSITION TO DEFENDANT'S RECONSJDERA TION MOTION

Steven A. Lang, Esq., of full age, hereby certifies as follows:

1. I am an attorney-at-law of the State of New Jersey and am employed by Pressler and Pressler, LLP ("Pressler"), counsel to Plaintiff New Century Financial Services, Inc. ("NCFSI") in the captioned matter. I am duly authorized to make this certification in opposition to Defendant Ahlam Oughla's motion for reconsideration of the Honorable Martha T. Royster, J.S.C.'s May 25, 2012 Order granting summary jUdgment in favor ofNCFSI. I do so based upon my personal knowledge and my review of this firm's files relating to matters involving the Defendant herein.

2. Attached hereto as Exhibit "A" is a true copy of Defendant's credit report dated January 10, 2008 that Pressler obtained in another matter, redacted to remove all personal identifiers in accordance with R. 1 :38-7 and all account information other than the account that is the subject of the complaint in the within matter. I respectfully direct the Court's attention to the fact that the subject account, which was then active, was a Credit One Bank account opened in October 2007.

3. Attached hereto as Exhibit "B" is a true copy of Defendant's credit report dated October 20,2009 that Pressler obtained in another matter, Pressler File No. 043401, redacted to remove all personal identifiers in accordance with R. 1 :38-7 and all account information other than the account that is the subject of the complaint in the within matter. I respectfully direct the Court's attention to the fact that the subject account is reported on the second page thereof. Same indicates that the account was charged off on 11-08 (the reporting month next following the 10105108 charge-off date), at which time the account balance was $724.00.

4. Attached hereto as Exhibit "e" is a true copy of the unreported Fourth Circuit Court of Appeals opinion in Atlas Equity, Inc. v. Chase Bank USA, N.A., 403 Fed. Appx. 190, 192 (9th

Cir.2010).

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

~,jv 1 Dated: July 2,2012 Steven A. Lang, Esq.

75a

· .

EXHIBIT A

76a

PAGE 1 DATE 1-10-2008 TIME 17:02:25 V901 TNJl

AHLAM OUGHLA 109 66TH ST # 2 WEST NEW YORK NJ 070933106

SS: 586

77a

CREDIT ONE BANK 3278143 BC CRC REV 444796214582

10-07 1 1-04-08

12-07

$300-L $303

$20-A

$303-H 1-08

OPEN CURR ACCT ( 3) CCC

78a

END -- EXPERIAN

79a

EXHIBITB

80a

PAGE 1 DATE 10-20-2009 TIME 22:27:13 VAOl TNJl

AHLAM OUGHLA 109 66TH ST # 2 WEST NEW YORK NJ 070933106

10-07 1 12-12-08

*CREDIT ONE BANK 3278143 BC CRC REV 444796214582 3-08 SOLD TO: SOLD TO ANOTHER LENDER

SS:

$300-L $723

1\ -e d CLC fed

586

$723-C CHARGOFF DELINQ 180 11-08 (14) LL654321CCCCC

$723 C

81a

*LVNV FUNDING LLC 11-08 1623040 FU FCO 1 1 10-13-09 4447962145828657 ORIGINAL CREDITOR: MARIN

$724-0 $855 1-09

$855

COLLACCT (10) GGGGGGGGGG

82a

END -- EXPERIAN

83a

. '

EXHIBITC

84a

403 Fed.Appx. 190,2010 WL 4462731 (C.A.9 (CaL» (Not Selected for pubUcadon in the Federal Reporter)

Page 1

(Cite as: 403 Fed.Appx. 190,2010 WL 4462731 (C.A.9 (Cal.)))

C TItis case was not selected for publication in the Fed-eral Reporter.

Not for Publication in West's Federal Reporter See Fed. Rule of Appellate Procedure 32.1 generally governing citation of judicial decisions issued on or after Jan. 1,2007. See also Ninth Circuit Rule 36-3. (Find CTA9 Rule 36-3)

United States Court of Appeals, Ninth Circuit.

ATLAS EQUITY, INC., Plaintiff-Appellant, v.

CHASE BANK USA, N.A., FKA Chase Manhattan Bank USA, National Association, a national banking

association, Defendant-Appellee.

No. 09-55466. Argued and Submitted Nov. 1,2010.

Filed Nov. 8, 2010.

Background: Buyer sued seller for allegedly breaching contracts governing sale of consumer credit card debt. TIle United States District Court for the Central District of Califomia, George H. \Vu, I, en­tered judgment for seller. Buyer appealed.

Holdings: TIle Court of Appeals held that: ill contracts were govemed by Delaware common law; Gl any prior e-mail discussions between parties were not adillissible; ill seller was authorized to select aggregate amount of accounts' balances and to sell to buyer's competitors; ill claim for breach of implied covenant of good faith and fuir dealing was not actionable; and ill leave to amend complaint was not warranted.

Affirmed.

West Headnotes

ill Sales 343 €;:;:;::>3.1

14J. Sales 3431 Requisites and Validity of Contract

343k3 Sale Distinguished from Other Trans­actions

343k3.1 k. In general. Most Cited Cases

Secured Transactions 349A €o=4

349A Secured Transactions 349AI Nature, Requisites, and Validity

349AI(A) Nature and Essentials 349Ak3 What Law Govents

349Ak4 k. Accounts or contract rights, security interests in. Most Cited Cases

Delaware common law governed written con­tracts for sale of consumer credit eftI'd debt, rather than Delaware Uniform Commercial Code (UCe) that did not apply to sales of accounts receivable and loan agreements, or to assiglllllent of accounts for purpose of collection only, since contracts involved sale of debts, not goods. 6 West's Del.e. ** 2~·-l05(1). 9--109{d)W.

ill Evidence 157 (;::;;>400(1)

157 Evidence 157XI Parol or Extrinsic Evidence Affecting

Writings 157XI(A} Contradicting, Varying. or Adding

to Tenus of Written Instrument 157k400 Contracts of Sale or Exchange

157k400{l) k. JIl general. Most Cited

Under Delaware common law, any prior e-mail discussions between buyer and seller of consumer credit card debt were not admissible to supplement or supersede parties' written sales contracts, since exe­cuted contracts were fully integrated documents.

ill Contl'acts 95 ~73

95 Contracts 951 Requisites and Validity

95I{D) Consideration 95k70 Forbearance

95~73 k. Agreement to forbear. Most Cited Cases

Under Delaware COllUllOll law, seller of consumer credit card debt was necessarily authorized to select aggregate amount of accounts' balances, under sales contracts that unambiguously provided seller with full discretion to "detennine which Charged-off Accounts

@ 20121110mson Reuters. No Claim to Orig. US Gov. Works.

85a

403 Fed.Appx. ]90,20]0 WL 446273 I (C.A.9 (CaL) (Not Selected for publication in the Federal Reporter)

Page 2

(Cite as: 403 Fed.Appx. 190,2010 WL 4462731 (C.A.9 (Cal.»)

shall be eligible for sale" and to sell to buyer's COIn-

petitors.

ill Assignments 38 ~95.1

3 R Assignments 3RV Rights and Liabilities

38k95 Rights of Assignee as Against Assignor 38k95. [ k. In general. Mos! Cited Coscs

Under Delaware common Jaw, buyer's claim that seller of consumer credit card debt breached implied covenant of good fuith and fair dealing with respect to parties' sales contracts was not actionable, since seller's arguments supporting claim sought to add contract terms that contradicted unambiguous provi­sions of written contracts.

ill Federal Civil Procedure 170A €::w193S.1

170A Federal Civil Procedure 170AXIV Pre-Trial Conference

170Ak 1935 Order 170Ak1935.1 k. In general. Most Cited

Buyer of consumer credit card debt lacked good cause for granting request to revise scheduling order and granting leave to file third amended complaint against seUer, since buyer had not diligently sought to amend.

*191 Paul Kim, Esquire, Mark W. YOCCII. Esquirc, The Yocca Law Firm LLP, Irvine, CA, for Plain­tiff-Appellant.

Mark Bruce Blocker, Rachcl B. Nicwoehner, Charles K. Schafer, Sidley Austin LLP, Chicago,lL, Christinc ~im Son, Roll Law Group P.C. Legal Department, Robert M. Stone, Sidley Austin LLP, Los Angeles, CA, for Defundant-Appellee.

Appeal from the United States District Court for the Central District of Cali fomi a, George H. Wu, District Judge, Presiding. D.C. No. 8:06--cv-00602-0W.

Before: SCHROEDER, TALLMAN and M. SMITH, Circuit Judges.

*192 MEMORANDUM EN'

FN* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36--3.

**1 Plaintiff-Appellant Atlas Equity, hlC. (Atlas) sued Defendant-Appellee Chase Ballk USA (Chase) for ullegedly breaching the parties' contracts govern­ing the sale of consumer credit card debt. As the fucts and procedural history are fumiliar to the parties, we do not recitc them here except as necessary to explain our disposition. We have jurisdiction under?8 U.S.C. * 1291, and we affinn dle district court.

I. Breach of Contract ill The written contracts are governed by Dela­

ware COlWllon law, not the Delaware Uniform Com­mercial Code (VCC). Delaware's UCC Article 2 does not apply because Atlas purchased debts, not goods. See Del.Code til. 6, § 2--105(1); see also 2 Lary Lawrence, Lawrellce's Alldersoll 011 'he U1Iiform Commercial Code. § 2-105:64 & JUl. I, 10 (3d cd. Supp.20 10) (stating that Article 2 docs lIot apply to sales of accounts receivable and Joan agreements). Delaware's UCC Article 9 does not apply to "an as­signment of accounts ... which is for the purpose of collection only." Del.Codo tit. 6, § ~---IQ2@l(i).

W Although Atlas contends that the parties' emails constinlte separate contracts that supercede the parties' written contracts, Atlas has failed to introduce any evidence to establish that dIe parties exchanged emails subsequent to the time that they executed the written contracts. See, e.g., Matsushita Blec. indlls. Co. )I. Zenitlt Radio Corp., 475 U.S. 574, 586·"~7, 10,§ S.C!. 1348, 89 L.Ed.2d 53& (1986) (stating dlat SUllllllary judgment "opponent must do more than simply show that there is some metaphysical doubt as to the material fuets"). Because the written contracts are fully integrated documents, the parties' prior email discussions may not be used to supplement or supercede the written agreements. See {,i{I'I'OW 1' • .. dt:: nolcl, No. 1 82--K, 2006 WL 3289582, at >1<4-5 (DeI.Ch. Oct.3!' 2006), aIi'd. ~33 A.2d 1249 ([)e1.2007) (un­published table decision) (adopting lower court's reasoning).

III The contracts clearly and unambiguously provide Chase with full discretion to "detennine which Charged-off Accounts shall be eligible for sale." Chase's power to select Ule accounts necessarily

© 2012 Thomson Reuters. No Claim to Orig. US Gov. Works.

-----------------------_ .. _---_ ... __ .. __ .... -

86a

403 Fed.Appx. 190,2010 WL4462731 (C.A.9 (Cal.» (Not Selected for publication in the Fedel'81 Repol·tCl') (Cite as: 403 Fed.Appx. 190.2010 WL 4462731 (C.A.9 (Cal.»)

included the power to select the aggregate amount of the accounts' balances. Although the December 2003 contract required Chase to sell at least $10,000,000 in account balances, there is no dispute that Chase satis-fied this obligation.

Finally, the written contracts clearly and unam­biguously provide that Chase had the power to sell to Atlas's competitors.

II. Breach of ImplIed Covenant of Good Faith and Fair Dealing

ill Atlas's arguments regarding the implied cov­enant of good faith and fair dealing seek to add con­tract terms that contradict the unambiguous provisions of the written contracts. The implied covenant cannot be used to "grant Ule plaintiffs, by judicial fiat, con­tractual provisions that they failed to secure for Ulemselves at the bargaining table." Aspen Adv/sol's LLC 1'. United Artists Tlre(ltre Co.! 861 A.2d 1251, 1260 (DcI.2004). 111e district court properly rejected the cause of action fur breach ofthe implied covenant.

III. Leave to Filc Third Amended Complaint **2 l?J Atlas failed to show good cause when it

requested Utat the district court revise its scheduling order and permit Atlas to file a third amended com­plaint. *193 Colemail v. QuakeI' Oats Co.! 232 F.3d 1271, 1294--95 (9th Cir.2000). Because Atlas failed to show that it diligently sought to alllend its complaint, the district court did not abuse its discretion In denying Atlas's request. See id. at 1295.

AFFIRMED.

C.A.9 (CaL),201O. Atlas Equity, Inc. v. Chase Bank USA, N.A. 403 Ped.Appx. 190,2010 WL 4462731 (C.A.9 (CaL»

© 2012 Thomson Reuters. No Clailll to Orig. US Gov. Works.

Page 3

87a

PRESSLER AND PRESSLER, LLP COUNSELLORS AT LAW

7 Entin Rd. Parsippany. NJ 07054·5020

(973) 753·S 100

Attorney for Plaintiff

NEW CENTURY FINANCIAL SERVICES. INC.,

Plaintiff VS.

AHLAM OUOHLA,

Defendant

P&P File Number 048924

SUPERIOR COURT OF NEW JERSEY HUDSON COUNTY SPECIAL CIVIL PART

DOCKET NO.: DC·004244-12

Civil Action

CERTIFICATION OF MARKO GALIC

Marko Galic, of full age, hereby certifies as follows:

1. I am the Business Development Manager for New Century Financial Services, Inc.

("NCFSI"). I make this certification in opposition to Defendant Ahlam OugWa's motion to

reconsider the May 25, 2012 Order granting NCFSrs motion for summary judgment. I am duly

authorized to make this certification and do so based upon my personal knowledge.

2. As is set forth in my May 11.2012 certification in suppo11 ofNCFSI's motion for

sununary judgment, NCFSI is the present owner by purchase of Credit One Bank account, account

number 44479621 45828657 issued to Defendant (the "Account").

3. I personally participated in the transaction pursuant to which NCFSI acquired the

Account. NCFSI acquired the Account from Sherman Acquisition, LLC on November 30, 2011. A

true copy of the Bill of Sale and Assigrunent together with the information that Sherman

Acquisition, LLC provided to NCFSI at the time of the sale is attached hereto as Exhibit "A".

88a

4. It is my understanding that Defendant is attempting to create the impression that there

were numerous transfers of the Account from and to unrelated entities prior to NCFSI's acquisition

of the Account. Any such impression would be incorrect.

5. I respectfully direct the Court's attention to the fact that the November 30. 2011 Bill

of Sale and Assigrunent is signed by Jon Mazzoli on behalf of Sherman Acquisition, LLC.

6. I have dealt with Mr. Mazzoli on several occasions. At my request, Mr. Mazzoli

provided an affidavit dated May 16, 2012 setting forth the relationship among Sherman Acquisition.

LLC, Sherman Originator, Ill, LLC, Shennan Originator. LLC and L VNV Funding. LLC. A tme

copy of that affidavit is attached hereto as Exhibit "B". As stated therein, the foregoing companies

are subsidiaries under Shennan Financial Group, LLC and are hereafter referred to as "Sherman".

7. It is my uU1her understanding that Defendant now asks why Credit One Bank does

not appear in the chain of title.

8. Attached hereto as Exhibit "e" is a true copy of Mr. Mazzoli's May 16.2009

Affidavit. I obtained same fl'Om Mr. Mazzoli. As set forth therein, MHC Receivables, LLC

purchases and holds various credit card accounts originated by Credit One Bank which accounts are

then serviced by Credit One Bank.

9. Attached hereto as Exhibit "D" is a tlue copy of the periodic Account statement for

the last hilling cycle (the "Charge-off Statement'1. A copy of same is attached as Exhibit "B" to ~7

of the Statement of Material Facts annexed to my May 11,2012 Certification in support ofNCFSI's

motion for summary judgment.

10. I obtained the Charge-off statement from Sherman.

2

89a

I certify that the foregoing statements made by me are true. I am aware that if any of the

foregoing statements made by me are willfully false, I am subject to punishment.

Marko G Ie Business Development Manager New Century Financial Services, Inc.

Dated: June 26, 2012

3

90a

f •

EXHIBIT A

91a

EXHIBIT 1 BILL OF SALE AND ASSIGNMENT

KNOW ALL MEN BY THESE PRESENTS, that the undersigned Shennan Acquisition LLC ("Assignor"), for good and valuable consideration, the receipt of which is hereby acknowledged, does by these presents, assign, sell, transfer, convey, and set over to New Century Financial Services, Inc. ("Assignee"), its successors and assigns, all rights, title and interest in and to certain charged.offreceivables (the "Charged·off Accounts"), related documents evidencing a security interest in favor of Assignor, liens or other security instruments or encumbrances executed in favor of Assignor, filed and/or created in conjunction with collateral securing the Charged·off Accounts. Such Charged·off Accounts are described in the attached Appendix A and referred to as Charged·off Accounts in the Purchase and Sale Agreement between Assignor and Assignee and dated November 30, 2011.

This Assignment is made without recourse or warranty except as otherwise provided in the Agreement executed by Assignor and Assignee with regard to the Charged·off Accounts and other rights, privileges and documentation referred to herein.

Dated this 30th day of November, 2011

WITNESS

By;A1k Alonso Galvan Vice President

SHERMAN ACQUISITION LLC

By; --~~r-~~~~~---------

Jo

19

92a

AcctlD PortfoliolD Merchant Accou ntN umber ISSN DateOfBirth Prefix i BrwrFirstName BrwrLa stNa m e

!

340873226! 12143 CREDIT ONE BANK, N.A. i4447962145828657 ! I I i Ahlam Oughla

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96a

La stPmtDate I ChgOffDate ! ChgOffBa la nee ! PrincipalBalance IlnterestBalance OtherBa I a nee CurrBalance

! !

03/02/2008 10/05/2008 $723.82 $723.82 $112.80 . $0.00 $836.62

97a

EXHIBITB

98a

•

AFFIDAVIT AND ASSIGNMENT

STATE OF sourn CAROLINA )

) ss.

COUNT OF CHARLESTON )

Jon Mazzoli, being duly sworn, deposes and says:

1. I am a Director for Sherman Capital Markets, LLC, agent for Sherman Financial Group,

LLC and am authorized to make this affidavit of behalf of Shennan Financial Group,

LLC.

2. Sherman Acquisition, LLC, L VNV Funding, LLC, Shennan Originator, LLC and

Sherman Originator III, LLC are affiliates of Shennan Financial Group, LLC.

Sherman Capital Markets, LLC, as agent for

Shennan Financial Group, LLC

By: ----~~~--~~-------

On Ma..~ Ill, ~ 0 I j.. ,before me personally appeared Jon Mazzoli, who, being sworn stated he/she was autho zed on behalf of Sherman Financial Group, LLC to execute the within affidavit.

Notary Public

99a

· " .

EXHIBITC

100a

•

AFFIDAVIT

I, Jon C. Mazzoli, the Authorized Representative for MHC Receivables, LLC (hereafter the "Transferor")

hereby certity as follows:

I. Authorized R~presentative. I, Jon C. Mazzoli. as Authorized Representative, have personal

knowledge of the method and manner by which Transferor originates, services, owns and

manages Visa and MasterCard accounts. As such, I am able to accurately describe the process by

which accounts originated by the Transferor, or affiliates of the Transferor, were sold to third

parties (hereafter "Transferee").

2. Relationship between Credit One Bank and tbe First National Bank of Marin. Credit One

Bank ("Credit One") previously operated under the name First National" Bank of Marin

("FNBM"). FNBM changed its name to Credit One on approximately February I, 2006.

3. Relationship between Credit One and MHC Receivables, LLC. MHC Receivables, LLC

("MHC") purchases and holds Visa and MasterCard Accounts, including Visa and MasterCard

Accounts originated by Credit One. MHC has entered into a servicing agreement whereby Credit

One will continue to service the accounts originated by Credit One and sold to MHC. MHC is the

legal owner of the accounts, remains the owner of the account unless and until and account is

closed or sold. Credit One and the Credit One logo/brand will be used for customer statements,

the physical credit cards, and customer service calls.

4. Transfer Documents. Cardholders receive appropriate notice of these events in accordance with

all state and federal laws. The Agreements that transfer the accounts between Credit One and

MHC are self executing, allow for the accounts to be transferred immediately after origination,

and comply with all state and federal regulations. The transfer between MHC and any subsequent

buyer are evidenced by a Purchase and Sale Agreement and corresponding Bill of Sale.

at

(Notary Public) this l1t..day of.:!1:JA¥., 20...Q ~

C~(}.I{(P~t)('\, ~v .

My Commission Explref. February 1. 2015

101a

EXHIBITD

102a

't .. ,.

VISA Account: 44479621 45828657 Customer Service: 877-825-3242

24/7 Online Account Access: www.CreditOneBank.com

Send Inquiries To: CREDIT ONE BANK P.O. BOX 98873 lAS VEGAS, NV 89193

Statement Closing Date Total Credit Line Available For Purchases Available For Cash New Balance $723.82 10104/08 $300.00 $0.00 $0.00

Payment Due Date 10/29/08

Amount Over Credit Line (OCl) Amount Past Due $423.82 $159.00

Amount Due This Period $593.82

Minimum Payment Due $723.82

To avoid OCL fees, pay the greater of the RAmount OCL R or the RMinimum Payment Due ft by the due date.

Trans Date Post Date

10/04 10104

10104 10/04

Account Summary

Reference Number Activity Since last Statement

SERVICE CHARGE CLOSED ACCT. MAINT FEE 'FINANCE CHARGE" LATE FEE

'FINANCE CHARGE" PURCHASES $12.28 CASH ADVANCE $0.00

YOUR ACCOUNT IS SCHEDULED TO BE CHARGED OFF.

Previous Balance

$679.54

THE BALANCE WILL BE DUE IN FULL. CALL (888) 729-6274.

YOUR ACCOUNT IS CURRENTLY CLOSED.

(+) Purchases, Fees, (-) Payments & Charges & Advances Credits

$29.00 $0.00

(+) FINANCE CHARGE included in APR

$15.28

Amount

3.00 29.00 12.28

(=) New Balance

$723.82

Da~s This Billin~ Period: 30

Rate Summary Average Daily Monthly Periodic Corresponding ANNUAL PERCENTAGE Balance Rate APR RATE (APR)

PURCHASES $616.28 1.992% 23.90% 29.75% CASH ADVANCES $0.00 1.992% 23.90% 23.90%

SEND PAYMENTS TO; P.O. BOX 60500 CITY OF INDUSTRY, CA 91716-0500

Make check or money order payable in U.S. doliars on a U.S. bank to Credit One Bank. Include account number on check or money order. No cash plea.o.

5385 0001 H8G 7 4 081003 C X Page 1 of 1 5727 9620 CM76 01BU5385 11814

o

Payment Due Date Your New Balance

10/29/08 $723.82

For address and telephone changes. please check the box and complete reverse side.

~REDIT ONE BANK c?T~06F6~~8USTRY CA 91716-0500

11,1"",111",1",11,11"11""1,1,11",11,,,11,,,11,"",111

Your Account Number

44479621 45828657

Minimum Payment Due Please Enter Amount Of Payment Enclo.ed

$723.82 $

To ensure proper credit. please return this portion with your payment Please write your account number on your check. made payable to CREDIT ONE BANK. We may process your payment electronically. See payments paragraph on back.

AHLAM 9UGHLA 11814 109 66 H ST # 2 WEST NEW YORk NJ 07093-3106

111",1",111",1,1""11",11""1111,,,,11,,11,,,1,1,",I,ll

0072382 0072382 4447962145828657 7

103a

PHILIP D. STERN & ASSOCIATES, LLC ATTORNEYS AT LAW

697 Valley Street, Suite 2d Maplewood, NJ 07040 (973) 379-7500 Attorneys for Defendant, Ahlam Oughla

NEW CENTURY FINANCIAL SERVICES, INC., Plaintiff

vs.

AHLAM OUGHLA, Defendant.

F I LED

Sep 14,2012

HON. MARTHA ROYSTER

SUPERIOR COURT OF NEW JERSEY LAW DIVISION

HUDSON COUNTY - SPECIAL CIVIL PART

Civil Action Docket No. HUD-DC-4244-12 Judgment No. VJ-008822-12

ORDER STAYING ENFORCEMENT PENDING APPEAL AND AUTHORIZING

CASH DEPOSIT TO THE SUPERIOR COURT TRUST FUND

This matter having been opened to the Court on the motion filed by Philip D.

Stern & Associates, LLC, Attorneys for Defendant, Ahlam Oughla, for an order staying

enforcement of the judgment pending appeal; and it appearing that the Court granted

Plaintiff's Motion for Summary Judgment by Order filed May 25, 2012, that the Clerk

entered judgment on June 12, 2012 as Judgment No. VJ-008822-12 ("Judgment") in

the total amount of $793.91, and that post-judgment interest from May 25, 2012 to

August 25, 2012 is $0.99, and that good cause exists for staying enforcement pending

appeal conditioned on Defendant depositing $794.90 with the Court on or before

August 25, 2012;

IT IS ON THIS 14 DAY OF September, 2012 ; ORDERED:

1. Defendant's Motion is GRANTED.

2. Enforcement of the Judgment (Judgment No. VJ-008822-12) be and

hereby is STAYED, and any pending execution be and hereby is cancelled and any levy

vacated.

3. As a condition of this stay, on or before August 25, 2012, Defendant shall

deposit with the Trust Fund Unit in the Clerk's Office of the Superior Court of New

Jersey, the sum of $794.90. The Trust Fund Unit is hereby authorized to accept and

Page 1 of 2

104a

deposit those funds. In accordance with the Trust Fund Unit's guide,

http://www.judiciary.state.nj.us/civil/superior court trust fund. pdf, payment shall be

made by check in the amount of $794.90 payable to the order of "Superior Court of

New Jersey" and sent by Defendant's counsel, along with two copies of this Order and

a return envelope for a copy of the recei pt, to:

SUPERIOR COURT OF NJ TRUST FUND UNIT ATTN: JANE C RICKENBACH ESQ 25 MARKET ST PO BOX 971 TRENTON NJ 08625

4. Defendant's counsel shall provide Plaintiff's counsel with a copy of the

receipt promptly after receipt from the Trust Fund Unit.

5. If Defendant fails to make the deposit as provided in this Order, Plaintiff

may move to vacate this Order.

6. Withdrawal of the funds on deposit shall be in accordance with the Rules

of this Court and the guidelines of the Trust Fund Unit in effect at that time of

withdrawal:

a. If the Judgment is reversed, vacated or otherwise rendered

unenforceable, Defendant may withdraw the funds on deposit including

accrued interest.

b. If the Judgment is affirmed or if the appeal is dismissed or withdrawn,

Plaintiff may withdraw the funds on deposit including accrued interest.

7. A true copy of this Order shall be served on all parties or their respective

counsel wi thin seven days after recei pt from this Court.

Opposed: __ Yes ~o HONORABLE MARTHA T. ROYSTER, J.S.C.

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