Preview
BUR L 000638-18 03/11/2019 Pg 1 of 2 Trans ID: LCV2019446376
Form A
suamion COURT OF Ny
RE Pan
Name JEFFREY BELLO
NJ Attorney ID Number (if applicable) ProSE.
Address 143 BE. Warren Street ‘wa 11 2019
Edgewater Park, New Jersey 08010
Telephone Number (609) 668-9300 ) Cash [sJThock
Cy ) Money Order
Superior Court of New Jersey Fee Paid a Entered
Law Division
Burlington — County MAR 42 2019
JEFFREY BELLO Docket Number L-638-18 # efoh
Plaintiff(s) Amount $__$ 0-0"
Civil Action Batch # S05" -
GM FINANCIAL et al
Notice of Motion
. Defendant(s)
To: REEDSMITH
136 Main Street, Suite 250
Princeton, NJ 08540
TAKE NOTICE that the undersigned will apply to the above named Court located at
49 Rancocas Road, Mount Holly, New Jersey 08060, on 03/29/2019 at 9:00 a.m. for an Order
to (describe relief requested):
Notice of Motion to Strike the Courts Orders of November 8, 2018, and January 29, 2019, which removed the
complaint of ‘Consumer Fraud" against GM Financial.
I will rely on the attached certification which contains the grounds for the relief sought.
Pursuant to R. 1:6-2(d), the undersigned: (check one)
( Waives oral argument and consents to disposition on the papers.
HB Requests oral argument if this matter is contested.
(1 Requests ora! argument for the following reasons:
A proposed form of Order is attached.
Court Dates
No pre-trial conference, arbitration proceeding, calendar call or trial date has been set except as follows: (If any
dates have been scheduled, note them here; otherwise state “none”)
Motion date for March 15, 2019 is scheduled to hear Plaintiff's Motion to Quash subpoenas of GM LLC.
Discovery End Date
I Discovery in this matter is scheduled to be completed on _08/30/2019
OA discovery end date has not been assigned to this matter.
Revised 11/2014, CN 10555-English (How to File a Motion) page 6 of 10
BUR L 000638-18 03/11/2019 Pg 2 of 2 Trans ID: LCV2019446376
Form B
Certification of Service
I certify that on 03/08/2019 I sent a copy of the Notice of Motion, Certification, and proposed form of Order
to the following parties by: (Check which mailing method you chose. If you sent it by both regular and certified
mail, return receipt requested, check both)
#@ regular mail i certified mail, return receipt requested
List each party to the lawsuit; use the attorney’s name and address if the party is represented by counsel.
Name Francis J. Grey, Esq. Name Wilson, Elser, Moskowitz et al
Address 750 Rt. 73 South, Suite 202B Address 200 Campus Dr., Suite 400
Marlton, NJ 08053 Florham, New Jersey 07932
Attorney for GM etal Attorney for Aissept, Inc.
Date 03/08/2019
WE VM iML AT]
Signatye
JEFFREY BELLO
Print Name
Revised 11/2014, CN 10555-English (How to File a Motion) page
9 of 10
BUR L 000638-18 03/11/2019 Pg 1 of 1 Trans ID: LCV2019446376
Form C
Name JEFFREY BELLO
NJ Attorney ID Number (if applicable) ProSE
Address 143 E. Warren Street
Edgewater Park, New Jersey 08010
Telephone Number (609) 668-9300
Superior Court of New Jersey
Law Division
Burlington County
JEFFREY BELLO Docket Number L-638-18
Plaintiff(s)
Civil Action
GM FINANCIAL et al
Order
Defendant(s)
This matter having been brought before the Court on Motion of (check one) EM plaintiff [J defendant for an
Order (describe relief requested)
Striking the Court's prior Orders which removed the Plaintiff's 2nd Amended complaint's fourth count of
"Consumer Fraud" against GM Financial, and reinstating this count of Consumer Fraud against GM Financial.
and the Court having considered the matter and for good cause appearing,
It is on this day of 20, ORDERED as follows:
This Court hereby "Strikes" the previous Orders removing the count of Consumer Fraud against GM Financial,
and reinstates this count against GM Financial.
dS,
(1 Opposed
0 Unopposed
Revised 11/2014, CN 10555-English (How to File a Motion) age 10 of 10
BUR L 000638-18 03/11/2019 Pg 1 of 4 Trans ID: LCV2019446376
JEFFREY BELLO
143 E. Warren Street
Edgewater Park, New Jersey 08010
bell9900@aol.com
(609) 668-9300
ProSE Plaintiff
JEFFREY BELLO SUPERIOR COURT OF NEW JERSEY
Plaintiff LAW DIVISION
BURLINGTON COUNTY
VS. Docket No.: L-638-18
CADILLAC, a division of
GENERAL MOTOR COMPANY, et al
GENERAL MOTORS HOLDINGS,
LLC; GENERAL MOTORS, LLC
HOLMAN CADILLAC, a division of
HOLMAN AUTOMOTIVE GROUP, Civil Action
INC,; ESIS, INC., a wholly owned
Subsidiary of THE CHUBB
CORPORATION; KERBECK CADILLAC,
INC; GENERAL MOTORS FINANCIAL
COMPANY, INC, a wholly owned
Subsidiary of GENERAL MOTORS
COMPANY; AIRSEPT, INC;
PRODUCT DEFENSE
INVESTIGATIVE SERVICES, LLC;
MARY T. BARRA; DANIEL E. BERCE;
MELINDA K. HOLMAN; MICHAEL
SCHWAB; STEVEN MATTERN; CHRIS
C, ROFFEY; JOSHUA PREISTER;
TAMMY WARD; JOHN NEVITT;
PATRICK RONALD BURLEY CERTIFICATION OF
JOHNNANE DOES #1-10 and/or JEFFREY BELLO
ABC CORPORATIONS #1-10,
Fictitious Corporations and/or
Commercial Entities, j/s/a
Defendants
JEFFREY BELLO, Plaintiff Pro SE, of full age, hereby says:
1 1am the Plaintiff in this above referenced case. I make this Certification based
on personal knowledge and in support of this Motion to Strike the Court’s Order of
November 8, 2018, which was upheld on January 29, 2019, but modified: “denied without
BUR L 000638-18 03/11/2019 Pg 2 of 4 Trans ID: LCV2019446376
prejudice”; which removed the complaint of “Consumer Fraud” against the defendant, GM
Financial, herein EXHIBIT G.
2. On March 22, 2018, Plaintiff filed suit in Burlington County Superior Court
Law Division regarding the above referenced matter. Plaintiff amended the complaint to
address printer errors prior to service. Both copies of the suit were served on Defendants,
with a supporting citification from an M.D., Toxicologist, and medical expert, Dr. Lawrence
J. Guzzardi, MD.
3 On March 29, 2018, Plaintiff file a motion seeking a protective order for
evidence in this case, to include the inspection report of Matthew McGuire (done on behalf
of Defendants: ESIS and General Motors Company et al.
4, On June 20, 2018, Plaintiff filed a motion to amend the complaint, as more
information became available regarding specific defendants not previously known to the
Plaintiff, to address printing errors, and new information that came to light over Defendants’
efforts to conceal evidence. Plaintiff's motion to amend was subsequently approved.
5 Plaintiff amended the complaint, and attached the medical expert Affidavit of
Dr. Lawrence J, Guzzardi, M.D., and then was forced to respond to some sixteen motions to
dismiss the 2"! amended complaint on September 21, 2018.
6 In Plaintiff's opposition to the Defendants’ motions to dismiss, filed on
September 21, 2018, Plaintiff submitted multiple supportive witness affidavits; two
industrial hygienist reports (the first indicating that a chemical odor was in fact being
emitted from the subject vehicle’s HVAC system and the 2" confirming that a chemical had
been sprayed throughout the passenger compartment of the vehicle, leaving the vehicle in a
dangerous condition); multiple pictures detailing the damage Holman Cadillac employces
had done to the vehicle; multiple hospital records; and numerous other supporting
BUR L 000638-18 03/11/2019 Pg 3 of 4 Trans ID: LCV2019446376
documents. These have all been filed prior to “discovery” commencing. Additionally, an
audio disc was submitted to “all parties” and the Court on August 7, 2018, which included
multiple admissions by the Defendants. (I'wo accurate examples in transcript of GM
Financial’s Tammy Ward are embedded in the enclosed letter brief enclosed).
7 In December 2017, I spoke with Kyle at GM Financial, and he said they would
credit back all of the late fees on my account with GM Financial (they never did).
8 On February 28, 2018, I spoke with Tammy Ward at GM Financial, wherein
she made verbal agreements to pick up the Cadillac ELR satisfying the lease term properly,
take the late fees off my account and credit it bad accordingly, and take the late reporting of
my credit profile. (Recorded and in evidence already- partial transcript embedded in the
letter brief).
9. On June 14, 2018, Tammy Ward from GM Financial called me, and I
introduced her to Oksana Oganesoy, “as a witness to the call”, with acknowledgement by all
three parties present on the call. Ms. Ward than proceeded to state what she had previously
stated to the Plaintiff, on February 28, 2018: that GM Financial would pick-up the
inoperative vehicle to satisfy the lease-end termination; hold Mr, Bello harmless regarding
same; removed ALL late fees from Mr. Bello’s credit reports, and refund his over payments.
Herein EXHIBIT FE (Previously filed with the Court on June 25, 2018 and thereafter).
10. On or about February 14, 2019, GM Financial in response to Plaintiff's
demand for Production of Documents supplied limited relevant documents, which are
detailed in the “letter brief” to include an illegal reassignment of the subject lease without
notification to the Plaintiff as required by the New Jersey Consumer Fraud Act's (CFA),
"Consumer Protection Leasing Act" section 56:12-62(b), Leasing Requirements;
contents; Disclosures Every lease.
BUR L 000638-18 03/11/2019 Pg 4 of 4 Trans ID: LCV2019446376
1. GM Financial failed in their legal obligation to disclose the reassignment,
which violated the New Jersey CFA.
12. GM Financial’s counsel has from the start of these legal proceedings “self-
identified” as representing “AmeriCredit Financial Services”, and the Plaintiff has
consistently filed objections both verbally and formally with the Court regarding same. The
documents provided herein, clearly show that GM Financial (a non-d/b/a of AmeriCredit
Financial Services) did in fact transfer the Plaintiff's lease to AmeriCredit Financial
Services, and failed to disclose that “reassignment”, and the ultimate lien holder, Wells
Fargo. This was done in clear violation of New Jersey statutes (detailed in the following
“letter brief” and through attached EXHIBITS).
I certify that the foregoing statements are true and correct, and that if any of the
foregoing statements are willfully false, 1 am subject to punishment.
By: YW
DATED: March 6, 2019 JpfPKEY BELLO — Plaintiff Pro Se
BUR L 000638-18 03/11/2019 Pg 1 of 5 Trans ID: LCV2019446376
Form B
Certification of Service
I certify that on 03/08/2019 I sent a copy of the Notice of Motion, Certification, and proposed form of Order
to the following parties by: (Check which mailing method you chose. Ifyou sent it by both regular and certified
mail, return receipt requested, check both)
(1 regular mail EB certified mail, return receipt requested
List each party to the lawsuit; use the attorney’s name and address if the party is represented by counsel.
Name David G. Murphy / Reed Smith LLP Name
Address 136 Main Street Address
Princeton, NJ 08540
Attorney for GM Financial et al Attorney for
Date 03/08/2019
Signature” /
LoLLLL.
JEFFREY BELLO
Print Name
Revised 11/2014, CN 10555-English (How to File a Motion) page 9 of 10
BUR L 000638-18 03/22/2019 Pg 2 of 5 Trans ID: LCV2019446376
BEVERLY
417 WARREN ST
BEVERLY
NJ
08010-9998
3307500010
03/08/2019 (8000) eI9077 4:01 PM
Product Sale
Description nal
Qty Price
PM 2-Day" 1 | 8785"
(Domestic)
“=—(PRINCETON, NJ 08540)
(Weight:1 Lb 4.90 0z)
(Expected Delivery Date)
(Monday 03/11/2019)
{USPS Tracking #)
_{9505 5137 6867 9067 1339 42)
Tostrai 0.00
(uy ip to $50.00 ineludeds
PH 2-1 iy $7.85
(Domestic)
FLORHAM PARK, NJ 07992)
(Weight:1 Lb 5.50 6z)
{Expected Delivery Date)
(Monday 03/11/2019)
CUSPS Tracking #)
505 513" ‘7 6867 9067 1339 59)
Insuraneé -00
je to $50.00 included)
$7.85
—— (Domestic)
(MARLTON, NJ 08053)
(Weight: 1 Lb 5.50 0z)
(Expected Delivery Date)
(Saturday 03/09/2019}
(USPS Tracking #)
6867 9067 1339 66)
Insurance
(Up to $50.00 ineluded)
. -
Total * $2356"
Credit Card Remitd ~ ~ $23.55
(Card Name: VISA)
{Account #:XXXKXX 000680)
pproval #:05013:
Ciransaction #:819)
(AID: AoQO00G0980840 Chip)
(AL:US DEBIT)
{PIN:Not Required)
Includes up to $50 insurance
Text your tr ‘acking number to 28777
*l ¢ USPS) ‘to get the latest status,
BUR L 000638-18 03/11/2019 Pg 3 of 5 Trans ID: LCV2019446376
1
Form B
Certification of Service
I certify that on 03/08/2019 _, I sent a copy of the Notice of Motion, Certification, and proposed form of Order
to the following parties by: (Check which mailing method you chose. If you sent it by both regular and certified
mail, return receipt requested, check both)
(J regular mail I certified mail, return receipt requested
List each party to the lawsuit; use the attorney’s name and address if the party is represented by counsel.
Name David G. Murphy / Reed Smith LLP Name
Address 136 Main Street. Address
Princeton, NJ 08540
Attorney for GM Financial et al Attorney for
Date 03/08/2019 Lal
Sean 7 7
JEFFREY BELLO
Print Name
week
Revised 11/2014, CN 10555-Englisb (How to File a Motion) page
9 of 10
BUR L 000638-18 03/11/2019 Pg 4 of 5 Trans ID: LCV2019446376
Form B
Certification of Service
I certify that on 03/08/2019 I sent a copy of the Notice of Motion, Certification, and proposed form of Order
to the following parties by: (Check which mailing method you chose. If you sent it by both regular and certified
mail, return receipt requested, check both)
@ regular mail Bl certified mail, return receipt requested
List each party to the lawsuit; use the attorney’s name and address if the party is represented by counsel.
Name Francis J. Grey, Esq. Name Wilson, Elser, Moskowitz et al
Address 750 Rt. 73 South, Suite 202B Address 200 Campus Dr., Suite 400
Marlton, NJ 08053 Florham, New Jersey 07932
Attorney for GM etal Attorney for Airsept, Inc.
“ye
Date 03/08/2019
€ We
Signatur’ ff
JEFFREY BELLO
Print Name
Revised 11/2014, CN 10555-English (How to File a Motion) page
9 of 10
BUR L 000638-18 03/2/2018 Pg 5 of 5 Trans ID: LCV2019446376
ae
Be
BEVERLY
417 WARREN ST
BEVERLY
NJ
08010-9998
3307500010
03/08/2019 (800) 275-8777
Product Sale
Description Final
ty Price
PM 2-Day ~ $7.85
(Domestic)
(PRINCETON, NJ 08540)
(Weight:1 Lb 4.90 Oz)
(Expected Delivery Date)
(Monday 03/11/2019
(USPS Tracking #)
(9605 5: 137 6867 9067 1339 42)
Insurance 10.00
{Up to $50.00 nchuded)
PM 2-Day $7.85
(Domestic)
(FLORHAM PARK, NJ 07932)
Weight:1 Lb 5.50 02)
(Expected Delivery Date)
(Monday 03/11/2019)
(USPS Tracking #)
(9505 513 7 6867 9067 1339 59)
Insurance $0.00
(Up to $50.00 included)
PM 1-Day $7.85
(Domestic)
(MARLTON, NJ 08053)
(Weight:1 Lb 5.50 dz)
(Expected Delivery Date)
(Saturday 03/09/2019)
(USPS Tracking #)
(9905 513 7 6867 9067 1339 66)
Insurance $0.00
(Up to $50.00 | eluded)
-
Total $23.55
Credit Card Remi td $2055
(Card Name: VISA)
(Account # KOXKXKNKO680)
{Approval #:050131)
Transaction #:819)
(ATO: ADOBOCDO980840 Chip)
(AL:US DEBIT)
(PIN:Not Required)
Includes up to $50 insurance
Text your tracking number to 28777
(2USPS) to get the latest status.
BUR L 000638-18 03/11/2019 Pg 1 of 4 Trans ID: LCV2019446376
JEFFREY BELLO
143 BE. Warren Street
Edgewater Park, New Jersey 08010
609-668-9300
bell9900@aol.com
March 5, 2019
Via Hand Delivery
The Honorable Janet Z. Smith, J.S.C.
Superior Court of New Jersey
Civil Division MOTION TO STRIKE
49 Rancocas Road LETTER BRIEF
Mt Holly, New Jersey 08060
REF; BELLO ys. GM et al. (GM FINANIAL et al)
Docket No.: BUR-L- 638-18
Dear Judge Smith,
St
As is referenced above, I am the ProSE Plaintiff in the above referenced case.
Your Honor, please find this “Letter Brief’ in lieu of a much formal Brief from the
Plaintiff, which secks to “Strike” the Court’s previous Orders of January 29, 2019 and November
8, 2018, and reinstate the complaint of “Consumer Fraud” against the defendant GM Financial et
al.
I. GM Financial failed to disclose their assignment of the Lease to AmeriCredit
The Plaintiff, after receiving almost nothing in the way of entitled requested discovery
documents from the Defendants, now has in his possession “irrefutable evidence” that GM
Financial (the lease holder of the subject vehicle in this matter) had reassigned the lease to
AmeriCredit Financial Services without the legally required notice to the Plaintiff. Additionally,
the end lien holder was actually Wells Fargo. (See EXHIBITS A). The reassignment is
additionally verified at No.5 (page 3 of 3) of the Certification of AmeriCredit Financial Services
VP Tammy Ward & in their account notations which also acknowledge they were advised the
vehicle warranty had been breached by their parent company (herein EXHIBIT B).
1
BUR L 000638-18 03/11/2019 Pg 2 of 4 Trans ID: LCV2019446376
The Plaintiff's lease agreement “only” acknowledged “GM Financial” as the Lessor
(herein EXHIBIT C).
Pursuant to the New Jersey Consumer Fraud Act’s (CFA), Consumer Protection
Leasing Act, 56:12-60; GM Financial had a iegal obligation pursuant to 56:12-62(b) to
...."promptly upon assignment, mail or personally deliver to the lessee the name, address and
telephone number of the assignee”.
GM Financial made no effort to inform the Plaintiff that his lease had been “assigned” to
AmeriCredit, and ultimately to “Wells Fargo”. As a result, GM Financial failed in their legal
obligations under the New Jersey CFA.
As the Court may recall in the parties last appearance before Your Honor, on January 25,
2019, the Plaintiff stated under oath and “on the record”, that the information plaintiff had
reviewed (prior to discovery being received) indicated that General Motors (GM) bought out
AmeriCredit in 2010, when GM was still in an “active” Bankruptcy, and as a result, GM was
unable to establish viable credit facilities to finance and lease customers’ vehicles. So GM
utilized AmeriCredit’s pre-existing credit facility with Wells Fargo, to lease and finance
vehicles. Pursuant to New Jersey Statutes, GM Financial had a legal obligation within New
Jersey to disclose those assignments to another lessor.
IL. GM Financial failed to honor the agreements made by VP Tammy Ward
On or about August 7, 2018 all parties (including the Court) in this legal action were
ptovided audio files (on disc), which included a February 28, 2018 phone call with
GM Financial’s VP Tammy Ward.
In part one of the call, at 11:24, Ms. Ward stated the following:
“We have the papers so that’s what I am saying, so if J set it up to be picked up by an
gent, it’s somewhere that our agent can come get it, if we don’t treat it as a repossession, we
just come pick it up and do it as a dealer turn in”.
Meaning, not as a voluntary repossession because all payments were made, and the vehicle was
inoperable, and stuck at the Plaintiff's home as a result of General Motors “breach of warranty”,
At 9:20 of part 2, Ms. Ward states:
“all the late fees are waived”.
BUR L 000638-18 03/11/2019 Pg 3 of 4 Trans ID: LCV2019446376
This was a reiteration of an agreement already put in place by GM Financial’s Supervisor Kyle,
in December 2017, wherein he told the Plaintiff, Mr. Bello, that the late fees would be credited
back. On the GM Financial billing history provided in the discovery documents received, from
GM Financia! (herein EXHIBITS D), the documents show on page 3, that this Defendant went
through a series of $2,000 credits, followed by $2,000 charges. Ultimately, the Plaintiff did not
receive credits for the late fees, which began in August 2016 after the Plaintiff was “forced” to
lease a “substitute vehicle” to maintain his employment. The late fees totaled $854.10, but GM.
Financial didn’t stop there. In June of 2018, GM Financial sent a “fraudulent” bill for the subject
vehicle, while knowing full well that there was no balanced owed (herein EXHIBIT E).
Ms. Ward on a second cali with the Plaintiff on June 14, 2018, was introduced to Ms.
Oksana Oganesov on a three-party conference call, wherein Ms. Ward restated that the subject
Cadillac would be picked-up fiom the Plaintiff's home and treated as a “dealer turn-in”, not a
repossession; and all late fees would be credited back, On June 25, 2018 an Affidavit dated June
2: 3, 2018 was filed with the Court. The Plaintiff respectfully requests Your Honor to consider
Nos. 12 & 13 of the enclosed Affidavit, herein EXHIBIT F.
As the Court was previously made aware, Ms. Ward and GM Financial did
unconscionably report the subject vehicle as a “charge-off” (aka repossession) to ALL of the
major credit reporting agencies. This precluded the Plaintiff from financing another vehicle at a
time when his lease was expiring (on the replacement vehicle), and caused tremendous harm,
embarrassment, and stress to Plaintiff and his family.
In spite of the Court Ordering in Sept. 2018 as a result of Injunctive Motion filed by
Plaintiff) for GM Financial to correct their “deliberate” False Credit Reporting (which is being
addressed in this complaint already), the economic damages are on-going, and the
embarrassment and stress will last a life-time.
The actions of Ms. Ward and GM Financial were deliberate, deceptive, false promises, as
these Defendants not only didn’t honor their agreements with the Plaintiff, but they did s
knowing that it would cause serious economic harm and stress to the Plaintiff and his family.
These Defendants’ deliberate and willful acts would be considered “unconscionable” acts as
described in the New Jersey CFA. The Defendants‘ actions violated the CFA, which forbids, as
unlawful conduct, “/t7he act, use or employment by any person of any unconscionable
commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the
knowing, concealment, suppression, or omission of any material fact... ."N.J. Stat. §56:8-2.
3
BUR L 000638-18 03/11/2019 Pg 4 of 4 Trans ID: LCV2019446376
Although “consumer” is not defined in the CFA, the term “person” is employed and includes
both individuals and corporations. N.J. Stat. §56:8-1(d). The term “merchandise” is broadly
defined under the CFA to include “any... services or anything offered, directly or indirectly to
the public for sale.” N.J.S.A, 56:8-1(¢).
CONCLUSION
The Plaintiff argues that there is clear, irrefutable evidence that GM Financial violated
the New Jersey CFA, by failing in their legal obligation to disclose the assignment of the lease;
by not refunding the “late fees” as their Supervisor and VP had agreed to do; by continuing to
“fraudulently” bill for the vehicle after the lease payments had been satisfied, and they had
agreed to remove the inoperative vehicle from the Plaintiff home; and by not reporting the
vehicle as a “dealer return” as Ms. Ward stated they would do.
Based on these irrefutable, fully supported facts, established through a recorded call, a
corroborating “witness” Affidavit, and GM Financial’s own documents, the Plaintiff respectfully
requests the Court to Strike the previous Orders, which removed the “Consumer Fraud” charge
against GM Financial, and reinstate the Consumer Fraud count against GM Financial.
Dated: March 5, 2019
sf
BUR L 000638-18 03/11/2019 Pg 1 of 2 Trans ID: LCV2019446376
EXHIBIT
BUR L 000638-18 03/11/2019 Pg 2 of 2 Trans ID: LCV2019446376
ate,
A
Seas se Se alae 2 Meee
Ke Yl
PREP IoeHTimcATIGN RUKBER SUPE YEARL ake HODEL BODY TYPE
1G6RR LELBE UE004- 42 2024 CAD ELR 2. DR
i TNPE OF TLE DUPLICATE NO Guaayorans COLORMTLME ‘DEALER ID AXLESPROP FusL
STANDARD 8 GY 250428 2
rE Issue DATE ‘VREPEPLACEVENT BERGE STATUS,
85.00 12-10-2014 14 &
i ROOD ‘SALVAGED
OVERS) P.POUCE, TK,
ACAR LEASING LTD ‘ieLEMOM LAW
PO BOK 9000 ‘A-AGTUAL MiteAOE
LUTHERVILLE MD 21094 NSIT THE ACTUAL MILEAGE
ULEAGE EXCEEDS THE
MECHANICAL LmaTTS
:
HURIGER OF
1
sunige OF
HENHOLDERS 1
OuNER bL/cc
i
| .QHIEF ADSENISTRATOR OF THE MOTOR VEHICLE COMNISSION, GF THE STATE OF NEW JERSEY, DO WEREAY CERTIFY THAT EVIDENCE OF PURCHASE. OF OWNERSHLP, ty COMPLIANCE
NITY THE LAWS,
‘OF THE STATE OF NEW JEASEY, GF THE DESCRIBED ARTICLE, HAS BEEN RECORDED AND FLED WATH ME, AND) LOO HEREBY ISSUE THIS CERTIFICATE OF GNNERSHIP SUBJECTTO SECURITY
u AGREE 08 LIEN. IF ANY 49 STATED.
:
rr,
wee S uur
et
State of New Hersey
MOTOR VEHICLE COMMISSION
DAE LEH RELEASED BY
siohaTuRe,
: 5g Te BRE
pate LEN RELEASEO By
12-10-2014
, 95833 50742 10940 SSR
3 WELLS FARGO BANK NA
£2 PO BOX 9000 Ey ee
A. LUTRERVILLE MD 21094
‘te nie
es
ties}
me
r avant se eR Be eisai isch chee were
B a > > ae é
aA
¥ FOLD ANO TEAR AT PERFORATION f
THIS IS A RECEIPT DOCUMENT ONLY
af VINS IG6RRIESBEUG00444 MILEAGE; 14 A DUP: STATUS:
€AD 2014 2 DR ELR GY 8 AKLE:2 DEALER 1D:25042N
00959 55252 10940 TITLE 1 85.00 i
ACAR LEASING LTD SALES TAX 0.00
PO BOX 9000 LFIS 0.00
LUTHERVILLE MD 21094 TOTAL 85.00
85,60 I STANDARD
LIENHOLDER (S)
95833 50742 10940
WELLS FARGO BANK NA
oO Q
4 e
mi
Bee,
Confidential - Redacted GM Financial - Bello - 023
BUR L 000638-18 03/11/2019 Pg 1 of 5 Trans ID: LCV2019446376
EXHIBIT
BUR L 000638-18 03/11/2019 Pg 2 of 5 Trans ID: LCV2019446376
syyeO?
REED SMITH LLP
Formed in the State of Delaware
Diane A, Bettino, Esquire (033241991)
David G. Murphy, Esquire (069822013)
Princeton Forrestal Village
136 Main Street, Suite 250
Princeton, NJ 08540
Tel. (609) 514-5954
Fax (609) 951-0824
Attorneys for Defendants AmeriCredit Financial Services,
Inc, d/b/a GM Financial and Daniel E. Berce
JEFFREY BELLO, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION, BURLINGTON COUNTY
Plaintiff,
Docket No, L-638-18
y
Civil Action
CADILLAC, A DIVISION OF GENERAL
MOTORS COMPANY, ET AL, GENERAL
MOTORS HOLDINGS, LLC; GENERAL CERTIFICATION OF
MOTORS LLC, HOLMAN CADILLAC, A TAMMY WARD
DIVISION OF HOLMAN AUTOMOTIVE,
INC; ESIS GENERAL MOTORS, A
WHOLLY OWNED SUBSIDIARY OF THE
CHUBB CORPORATION; KERBECK
CADILLAC, INC; GENERAL MOTORS
FINANCIAL COMPANY, INC, A WHOLLY
OWNED SUBSIDIARY OF GENERAL
MOTORS COMPANY; AIRSEPT, INC,
MARY T. BARRA, DANIEL BERCE,
MELINDA K. HOLMAN, MICHAEL
SCHWAB, STEVEN MADDERN, CHRIS C.
ROFFEY, JOSHUA PREISTER,
JOHN/JANE DOES #1-10 AND/OR ABC
CORPORATIONS #1-10, FICTITIOUS
CORPORATIONS AND/OR
COMMERCIAL ENTITIES, J/S/A
Defendants.
J, Tammy Ward, declare,
Confidential - Redacted GM Financial - Beilo - 040
BUR L 000638-18 03/11/2019 Pg 3 of 5 Trans ID: LCV2019446376
of
nor”
1 I am employed by Defendant AmeriCredit Financial Services, Inc. d/b/a GM
Financial (“GM Financial”), as Assistant Vice President, Lease Servicing. I have held this
position since 2001. I have personal knowledge of the facts contained in this certification and if
called upon to do so, could and would competently testify to the facts contained herein. [am
making this certification in support of the Motion to Dismiss in Favor of Arbitration.
2. As Assistant Vice President, Lease Servicing for GM Financial, I have access to
GM Financial’s business records relating to consumer accounts with GM Financial. These
records, including the documents referenced herein and attached hereto, were made at or near the
time of the occurrence of the matters set forth by, or from information transmitted by, a person.
with knowledge of and a business duty to record or transmit those matters, which were kept in
the course of the regularly conducted activity, and which were made by the regularly conducted
activity as a regular practice. The matters set forth in this declaration are based on my personal
knowledge and/or these business records.
3 On November 29, 2014, Plaintiff Jeffrey Bello (“Plaintiff”) leased a 2014
Cadillac ELR Coupe (the “Vehicle”) from Kerbeck Cadillac Chevrolet Buick (“Kerbeck”) in
Atlantic City, New Jersey. In leasing and financing the lease of the motor vehicle, Plaintiff
executed the Lease (with Arbitration Provision).
4 Attached as Exhibit A is a true and correct copy of the Lease (with Arbitration
Provision) dated November 29, 2014, and entered into between Plaintiff and Kerbeck for the
lease of the Vehicle. By signing this agreement, Plaintiff agreed to pay $499.10 per month to
lease the Vehicle.
-2-
Confidential - Redacted GM Financial - Bello - 041
BUR L 000638-18 03/11/2019 Pg 4 of 5 Trans ID: LCV2019446376
4 KG
ne
Pre
5 The Lease (with Arbitration Provision) was assigned to ACAR Leasing Ltd.
——_—
(“ACAR”).
6 ACAR, the Titling Trust, is a Delaware Trust. GM Financial is the servicer for
ACAR, and services the Plaintiffs motor vehicle lease account.
7 Plaintiff received monthly billings statements and made monthly payments in
accordance with the terms of the Lease Agreement.
8 By signing the Lease (with Arbitration Provision), Plaintiff agreed to the
following:
Agreement to Arbitrate: By signing below, you agree that,
pursuant to the Arbitration Provision on the reverse side of this
Lease, you or we may elect to resolve any dispute by neutral
binding arbitration and not by a court action. See the Arbitration
Provision for additional information concerning the agreement to
arbitrate.
ARBITRATION PROVISION
PLEASE REVIEW - IMPORTANT — AFFECTS YOUR
LEGAL RIGHTS
1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY
DISPUTE BETWEEN US DECIDED BY ARBITRATION
AND NOT IN COURT OR BY JURY TRIAL.
2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP
YOUR RIGHT TO PARTICIPATE AS A _ CLASS
REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS
CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY
RIGHT TO CLASS ARBITRATION OR ANY
CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
3 DISCOVERY AND RIGHTS TO APPEAL IN
ARBITRATION ARE GENERALLY MORE LIMITED
THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU
AND WE HAVE IN COURT MAY NOT BE AVAILABLE IN
ARBITRATION.
-3-
Confidential - Redacted GM Financial - Bello - 042
BUR L 000638-18 03/11/2019 Pg 5 of 5 Trans ID: LCV2019446376
THTI2016, 16:19 cust sid he has been to the hospital twice regarding the ac system In the veh being chemically css MWARRE2
hazadous/! cust std he has contacted ppl directly invovied with gm, and the dirship no ane is:
explaining anything regarding this matter!
imtand order doct hi béén fabl ited by the dlr hp “according |to ‘tel paper ork
ish tWARRI
tread the sé
TH7f2016 16:18 cel vap ani 5595158827 cust std he wanted to speak with a thomas lee(sup) cust std that he took = CSS MWARRE2,
his veh to holman cadillac to have the ac serviced and that they had the veh from 3/24/16 thru
6M4/16/ when ee the veh back 3 of the rims were damaged,
72
Preview
BUR L 000638-18 03/11/2019 Pg 1 of 2 Trans ID: LCV2019446376 Form A suamion COURT OF Ny RE Pan Name JEFFREY BELLO NJ Attorney ID Number (if applicable) ProSE. Address 143 BE. Warren Street ‘wa 11 2019 Edgewater Park, New Jersey 08010 Telephone Number (609) 668-9300 ) Cash [sJThock Cy ) Money Order Superior Court of New Jersey Fee Paid a Entered Law Division Burlington — County MAR 42 2019 JEFFREY BELLO Docket Number L-638-18 # efoh Plaintiff(s) Amount $__$ 0-0" Civil Action Batch # S05" - GM FINANCIAL et al Notice of Motion . Defendant(s) To: REEDSMITH 136 Main Street, Suite 250 Princeton, NJ 08540 TAKE NOTICE that the undersigned will apply to the above named Court located at 49 Rancocas Road, Mount Holly, New Jersey 08060, on 03/29/2019 at 9:00 a.m. for an Order to (describe relief requested): Notice of Motion to Strike the Courts Orders of November 8, 2018, and January 29, 2019, which removed the complaint of ‘Consumer Fraud" against GM Financial. I will rely on the attached certification which contains the grounds for the relief sought. Pursuant to R. 1:6-2(d), the undersigned: (check one) ( Waives oral argument and consents to disposition on the papers. HB Requests oral argument if this matter is contested. (1 Requests ora! argument for the following reasons: A proposed form of Order is attached. Court Dates No pre-trial conference, arbitration proceeding, calendar call or trial date has been set except as follows: (If any dates have been scheduled, note them here; otherwise state “none”) Motion date for March 15, 2019 is scheduled to hear Plaintiff's Motion to Quash subpoenas of GM LLC. Discovery End Date I Discovery in this matter is scheduled to be completed on _08/30/2019 OA discovery end date has not been assigned to this matter. Revised 11/2014, CN 10555-English (How to File a Motion) page 6 of 10 BUR L 000638-18 03/11/2019 Pg 2 of 2 Trans ID: LCV2019446376 Form B Certification of Service I certify that on 03/08/2019 I sent a copy of the Notice of Motion, Certification, and proposed form of Order to the following parties by: (Check which mailing method you chose. If you sent it by both regular and certified mail, return receipt requested, check both) #@ regular mail i certified mail, return receipt requested List each party to the lawsuit; use the attorney’s name and address if the party is represented by counsel. Name Francis J. Grey, Esq. Name Wilson, Elser, Moskowitz et al Address 750 Rt. 73 South, Suite 202B Address 200 Campus Dr., Suite 400 Marlton, NJ 08053 Florham, New Jersey 07932 Attorney for GM etal Attorney for Aissept, Inc. Date 03/08/2019 WE VM iML AT] Signatye JEFFREY BELLO Print Name Revised 11/2014, CN 10555-English (How to File a Motion) page 9 of 10 BUR L 000638-18 03/11/2019 Pg 1 of 1 Trans ID: LCV2019446376 Form C Name JEFFREY BELLO NJ Attorney ID Number (if applicable) ProSE Address 143 E. Warren Street Edgewater Park, New Jersey 08010 Telephone Number (609) 668-9300 Superior Court of New Jersey Law Division Burlington County JEFFREY BELLO Docket Number L-638-18 Plaintiff(s) Civil Action GM FINANCIAL et al Order Defendant(s) This matter having been brought before the Court on Motion of (check one) EM plaintiff [J defendant for an Order (describe relief requested) Striking the Court's prior Orders which removed the Plaintiff's 2nd Amended complaint's fourth count of "Consumer Fraud" against GM Financial, and reinstating this count of Consumer Fraud against GM Financial. and the Court having considered the matter and for good cause appearing, It is on this day of 20, ORDERED as follows: This Court hereby "Strikes" the previous Orders removing the count of Consumer Fraud against GM Financial, and reinstates this count against GM Financial. dS, (1 Opposed 0 Unopposed Revised 11/2014, CN 10555-English (How to File a Motion) age 10 of 10 BUR L 000638-18 03/11/2019 Pg 1 of 4 Trans ID: LCV2019446376 JEFFREY BELLO 143 E. Warren Street Edgewater Park, New Jersey 08010 bell9900@aol.com (609) 668-9300 ProSE Plaintiff JEFFREY BELLO SUPERIOR COURT OF NEW JERSEY Plaintiff LAW DIVISION BURLINGTON COUNTY VS. Docket No.: L-638-18 CADILLAC, a division of GENERAL MOTOR COMPANY, et al GENERAL MOTORS HOLDINGS, LLC; GENERAL MOTORS, LLC HOLMAN CADILLAC, a division of HOLMAN AUTOMOTIVE GROUP, Civil Action INC,; ESIS, INC., a wholly owned Subsidiary of THE CHUBB CORPORATION; KERBECK CADILLAC, INC; GENERAL MOTORS FINANCIAL COMPANY, INC, a wholly owned Subsidiary of GENERAL MOTORS COMPANY; AIRSEPT, INC; PRODUCT DEFENSE INVESTIGATIVE SERVICES, LLC; MARY T. BARRA; DANIEL E. BERCE; MELINDA K. HOLMAN; MICHAEL SCHWAB; STEVEN MATTERN; CHRIS C, ROFFEY; JOSHUA PREISTER; TAMMY WARD; JOHN NEVITT; PATRICK RONALD BURLEY CERTIFICATION OF JOHNNANE DOES #1-10 and/or JEFFREY BELLO ABC CORPORATIONS #1-10, Fictitious Corporations and/or Commercial Entities, j/s/a Defendants JEFFREY BELLO, Plaintiff Pro SE, of full age, hereby says: 1 1am the Plaintiff in this above referenced case. I make this Certification based on personal knowledge and in support of this Motion to Strike the Court’s Order of November 8, 2018, which was upheld on January 29, 2019, but modified: “denied without BUR L 000638-18 03/11/2019 Pg 2 of 4 Trans ID: LCV2019446376 prejudice”; which removed the complaint of “Consumer Fraud” against the defendant, GM Financial, herein EXHIBIT G. 2. On March 22, 2018, Plaintiff filed suit in Burlington County Superior Court Law Division regarding the above referenced matter. Plaintiff amended the complaint to address printer errors prior to service. Both copies of the suit were served on Defendants, with a supporting citification from an M.D., Toxicologist, and medical expert, Dr. Lawrence J. Guzzardi, MD. 3 On March 29, 2018, Plaintiff file a motion seeking a protective order for evidence in this case, to include the inspection report of Matthew McGuire (done on behalf of Defendants: ESIS and General Motors Company et al. 4, On June 20, 2018, Plaintiff filed a motion to amend the complaint, as more information became available regarding specific defendants not previously known to the Plaintiff, to address printing errors, and new information that came to light over Defendants’ efforts to conceal evidence. Plaintiff's motion to amend was subsequently approved. 5 Plaintiff amended the complaint, and attached the medical expert Affidavit of Dr. Lawrence J, Guzzardi, M.D., and then was forced to respond to some sixteen motions to dismiss the 2"! amended complaint on September 21, 2018. 6 In Plaintiff's opposition to the Defendants’ motions to dismiss, filed on September 21, 2018, Plaintiff submitted multiple supportive witness affidavits; two industrial hygienist reports (the first indicating that a chemical odor was in fact being emitted from the subject vehicle’s HVAC system and the 2" confirming that a chemical had been sprayed throughout the passenger compartment of the vehicle, leaving the vehicle in a dangerous condition); multiple pictures detailing the damage Holman Cadillac employces had done to the vehicle; multiple hospital records; and numerous other supporting BUR L 000638-18 03/11/2019 Pg 3 of 4 Trans ID: LCV2019446376 documents. These have all been filed prior to “discovery” commencing. Additionally, an audio disc was submitted to “all parties” and the Court on August 7, 2018, which included multiple admissions by the Defendants. (I'wo accurate examples in transcript of GM Financial’s Tammy Ward are embedded in the enclosed letter brief enclosed). 7 In December 2017, I spoke with Kyle at GM Financial, and he said they would credit back all of the late fees on my account with GM Financial (they never did). 8 On February 28, 2018, I spoke with Tammy Ward at GM Financial, wherein she made verbal agreements to pick up the Cadillac ELR satisfying the lease term properly, take the late fees off my account and credit it bad accordingly, and take the late reporting of my credit profile. (Recorded and in evidence already- partial transcript embedded in the letter brief). 9. On June 14, 2018, Tammy Ward from GM Financial called me, and I introduced her to Oksana Oganesoy, “as a witness to the call”, with acknowledgement by all three parties present on the call. Ms. Ward than proceeded to state what she had previously stated to the Plaintiff, on February 28, 2018: that GM Financial would pick-up the inoperative vehicle to satisfy the lease-end termination; hold Mr, Bello harmless regarding same; removed ALL late fees from Mr. Bello’s credit reports, and refund his over payments. Herein EXHIBIT FE (Previously filed with the Court on June 25, 2018 and thereafter). 10. On or about February 14, 2019, GM Financial in response to Plaintiff's demand for Production of Documents supplied limited relevant documents, which are detailed in the “letter brief” to include an illegal reassignment of the subject lease without notification to the Plaintiff as required by the New Jersey Consumer Fraud Act's (CFA), "Consumer Protection Leasing Act" section 56:12-62(b), Leasing Requirements; contents; Disclosures Every lease. BUR L 000638-18 03/11/2019 Pg 4 of 4 Trans ID: LCV2019446376 1. GM Financial failed in their legal obligation to disclose the reassignment, which violated the New Jersey CFA. 12. GM Financial’s counsel has from the start of these legal proceedings “self- identified” as representing “AmeriCredit Financial Services”, and the Plaintiff has consistently filed objections both verbally and formally with the Court regarding same. The documents provided herein, clearly show that GM Financial (a non-d/b/a of AmeriCredit Financial Services) did in fact transfer the Plaintiff's lease to AmeriCredit Financial Services, and failed to disclose that “reassignment”, and the ultimate lien holder, Wells Fargo. This was done in clear violation of New Jersey statutes (detailed in the following “letter brief” and through attached EXHIBITS). I certify that the foregoing statements are true and correct, and that if any of the foregoing statements are willfully false, 1 am subject to punishment. By: YW DATED: March 6, 2019 JpfPKEY BELLO — Plaintiff Pro Se BUR L 000638-18 03/11/2019 Pg 1 of 5 Trans ID: LCV2019446376 Form B Certification of Service I certify that on 03/08/2019 I sent a copy of the Notice of Motion, Certification, and proposed form of Order to the following parties by: (Check which mailing method you chose. Ifyou sent it by both regular and certified mail, return receipt requested, check both) (1 regular mail EB certified mail, return receipt requested List each party to the lawsuit; use the attorney’s name and address if the party is represented by counsel. Name David G. Murphy / Reed Smith LLP Name Address 136 Main Street Address Princeton, NJ 08540 Attorney for GM Financial et al Attorney for Date 03/08/2019 Signature” / LoLLLL. JEFFREY BELLO Print Name Revised 11/2014, CN 10555-English (How to File a Motion) page 9 of 10 BUR L 000638-18 03/22/2019 Pg 2 of 5 Trans ID: LCV2019446376 BEVERLY 417 WARREN ST BEVERLY NJ 08010-9998 3307500010 03/08/2019 (8000) eI9077 4:01 PM Product Sale Description nal Qty Price PM 2-Day" 1 | 8785" (Domestic) “=—(PRINCETON, NJ 08540) (Weight:1 Lb 4.90 0z) (Expected Delivery Date) (Monday 03/11/2019) {USPS Tracking #) _{9505 5137 6867 9067 1339 42) Tostrai 0.00 (uy ip to $50.00 ineludeds PH 2-1 iy $7.85 (Domestic) FLORHAM PARK, NJ 07992) (Weight:1 Lb 5.50 6z) {Expected Delivery Date) (Monday 03/11/2019) CUSPS Tracking #) 505 513" ‘7 6867 9067 1339 59) Insuraneé -00 je to $50.00 included) $7.85 —— (Domestic) (MARLTON, NJ 08053) (Weight: 1 Lb 5.50 0z) (Expected Delivery Date) (Saturday 03/09/2019} (USPS Tracking #) 6867 9067 1339 66) Insurance (Up to $50.00 ineluded) . - Total * $2356" Credit Card Remitd ~ ~ $23.55 (Card Name: VISA) {Account #:XXXKXX 000680) pproval #:05013: Ciransaction #:819) (AID: AoQO00G0980840 Chip) (AL:US DEBIT) {PIN:Not Required) Includes up to $50 insurance Text your tr ‘acking number to 28777 *l ¢ USPS) ‘to get the latest status, BUR L 000638-18 03/11/2019 Pg 3 of 5 Trans ID: LCV2019446376 1 Form B Certification of Service I certify that on 03/08/2019 _, I sent a copy of the Notice of Motion, Certification, and proposed form of Order to the following parties by: (Check which mailing method you chose. If you sent it by both regular and certified mail, return receipt requested, check both) (J regular mail I certified mail, return receipt requested List each party to the lawsuit; use the attorney’s name and address if the party is represented by counsel. Name David G. Murphy / Reed Smith LLP Name Address 136 Main Street. Address Princeton, NJ 08540 Attorney for GM Financial et al Attorney for Date 03/08/2019 Lal Sean 7 7 JEFFREY BELLO Print Name week Revised 11/2014, CN 10555-Englisb (How to File a Motion) page 9 of 10 BUR L 000638-18 03/11/2019 Pg 4 of 5 Trans ID: LCV2019446376 Form B Certification of Service I certify that on 03/08/2019 I sent a copy of the Notice of Motion, Certification, and proposed form of Order to the following parties by: (Check which mailing method you chose. If you sent it by both regular and certified mail, return receipt requested, check both) @ regular mail Bl certified mail, return receipt requested List each party to the lawsuit; use the attorney’s name and address if the party is represented by counsel. Name Francis J. Grey, Esq. Name Wilson, Elser, Moskowitz et al Address 750 Rt. 73 South, Suite 202B Address 200 Campus Dr., Suite 400 Marlton, NJ 08053 Florham, New Jersey 07932 Attorney for GM etal Attorney for Airsept, Inc. “ye Date 03/08/2019 € We Signatur’ ff JEFFREY BELLO Print Name Revised 11/2014, CN 10555-English (How to File a Motion) page 9 of 10 BUR L 000638-18 03/2/2018 Pg 5 of 5 Trans ID: LCV2019446376 ae Be BEVERLY 417 WARREN ST BEVERLY NJ 08010-9998 3307500010 03/08/2019 (800) 275-8777 Product Sale Description Final ty Price PM 2-Day ~ $7.85 (Domestic) (PRINCETON, NJ 08540) (Weight:1 Lb 4.90 Oz) (Expected Delivery Date) (Monday 03/11/2019 (USPS Tracking #) (9605 5: 137 6867 9067 1339 42) Insurance 10.00 {Up to $50.00 nchuded) PM 2-Day $7.85 (Domestic) (FLORHAM PARK, NJ 07932) Weight:1 Lb 5.50 02) (Expected Delivery Date) (Monday 03/11/2019) (USPS Tracking #) (9505 513 7 6867 9067 1339 59) Insurance $0.00 (Up to $50.00 included) PM 1-Day $7.85 (Domestic) (MARLTON, NJ 08053) (Weight:1 Lb 5.50 dz) (Expected Delivery Date) (Saturday 03/09/2019) (USPS Tracking #) (9905 513 7 6867 9067 1339 66) Insurance $0.00 (Up to $50.00 | eluded) - Total $23.55 Credit Card Remi td $2055 (Card Name: VISA) (Account # KOXKXKNKO680) {Approval #:050131) Transaction #:819) (ATO: ADOBOCDO980840 Chip) (AL:US DEBIT) (PIN:Not Required) Includes up to $50 insurance Text your tracking number to 28777 (2USPS) to get the latest status. BUR L 000638-18 03/11/2019 Pg 1 of 4 Trans ID: LCV2019446376 JEFFREY BELLO 143 BE. Warren Street Edgewater Park, New Jersey 08010 609-668-9300 bell9900@aol.com March 5, 2019 Via Hand Delivery The Honorable Janet Z. Smith, J.S.C. Superior Court of New Jersey Civil Division MOTION TO STRIKE 49 Rancocas Road LETTER BRIEF Mt Holly, New Jersey 08060 REF; BELLO ys. GM et al. (GM FINANIAL et al) Docket No.: BUR-L- 638-18 Dear Judge Smith, St As is referenced above, I am the ProSE Plaintiff in the above referenced case. Your Honor, please find this “Letter Brief’ in lieu of a much formal Brief from the Plaintiff, which secks to “Strike” the Court’s previous Orders of January 29, 2019 and November 8, 2018, and reinstate the complaint of “Consumer Fraud” against the defendant GM Financial et al. I. GM Financial failed to disclose their assignment of the Lease to AmeriCredit The Plaintiff, after receiving almost nothing in the way of entitled requested discovery documents from the Defendants, now has in his possession “irrefutable evidence” that GM Financial (the lease holder of the subject vehicle in this matter) had reassigned the lease to AmeriCredit Financial Services without the legally required notice to the Plaintiff. Additionally, the end lien holder was actually Wells Fargo. (See EXHIBITS A). The reassignment is additionally verified at No.5 (page 3 of 3) of the Certification of AmeriCredit Financial Services VP Tammy Ward & in their account notations which also acknowledge they were advised the vehicle warranty had been breached by their parent company (herein EXHIBIT B). 1 BUR L 000638-18 03/11/2019 Pg 2 of 4 Trans ID: LCV2019446376 The Plaintiff's lease agreement “only” acknowledged “GM Financial” as the Lessor (herein EXHIBIT C). Pursuant to the New Jersey Consumer Fraud Act’s (CFA), Consumer Protection Leasing Act, 56:12-60; GM Financial had a iegal obligation pursuant to 56:12-62(b) to ...."promptly upon assignment, mail or personally deliver to the lessee the name, address and telephone number of the assignee”. GM Financial made no effort to inform the Plaintiff that his lease had been “assigned” to AmeriCredit, and ultimately to “Wells Fargo”. As a result, GM Financial failed in their legal obligations under the New Jersey CFA. As the Court may recall in the parties last appearance before Your Honor, on January 25, 2019, the Plaintiff stated under oath and “on the record”, that the information plaintiff had reviewed (prior to discovery being received) indicated that General Motors (GM) bought out AmeriCredit in 2010, when GM was still in an “active” Bankruptcy, and as a result, GM was unable to establish viable credit facilities to finance and lease customers’ vehicles. So GM utilized AmeriCredit’s pre-existing credit facility with Wells Fargo, to lease and finance vehicles. Pursuant to New Jersey Statutes, GM Financial had a legal obligation within New Jersey to disclose those assignments to another lessor. IL. GM Financial failed to honor the agreements made by VP Tammy Ward On or about August 7, 2018 all parties (including the Court) in this legal action were ptovided audio files (on disc), which included a February 28, 2018 phone call with GM Financial’s VP Tammy Ward. In part one of the call, at 11:24, Ms. Ward stated the following: “We have the papers so that’s what I am saying, so if J set it up to be picked up by an gent, it’s somewhere that our agent can come get it, if we don’t treat it as a repossession, we just come pick it up and do it as a dealer turn in”. Meaning, not as a voluntary repossession because all payments were made, and the vehicle was inoperable, and stuck at the Plaintiff's home as a result of General Motors “breach of warranty”, At 9:20 of part 2, Ms. Ward states: “all the late fees are waived”. BUR L 000638-18 03/11/2019 Pg 3 of 4 Trans ID: LCV2019446376 This was a reiteration of an agreement already put in place by GM Financial’s Supervisor Kyle, in December 2017, wherein he told the Plaintiff, Mr. Bello, that the late fees would be credited back. On the GM Financial billing history provided in the discovery documents received, from GM Financia! (herein EXHIBITS D), the documents show on page 3, that this Defendant went through a series of $2,000 credits, followed by $2,000 charges. Ultimately, the Plaintiff did not receive credits for the late fees, which began in August 2016 after the Plaintiff was “forced” to lease a “substitute vehicle” to maintain his employment. The late fees totaled $854.10, but GM. Financial didn’t stop there. In June of 2018, GM Financial sent a “fraudulent” bill for the subject vehicle, while knowing full well that there was no balanced owed (herein EXHIBIT E). Ms. Ward on a second cali with the Plaintiff on June 14, 2018, was introduced to Ms. Oksana Oganesov on a three-party conference call, wherein Ms. Ward restated that the subject Cadillac would be picked-up fiom the Plaintiff's home and treated as a “dealer turn-in”, not a repossession; and all late fees would be credited back, On June 25, 2018 an Affidavit dated June 2: 3, 2018 was filed with the Court. The Plaintiff respectfully requests Your Honor to consider Nos. 12 & 13 of the enclosed Affidavit, herein EXHIBIT F. As the Court was previously made aware, Ms. Ward and GM Financial did unconscionably report the subject vehicle as a “charge-off” (aka repossession) to ALL of the major credit reporting agencies. This precluded the Plaintiff from financing another vehicle at a time when his lease was expiring (on the replacement vehicle), and caused tremendous harm, embarrassment, and stress to Plaintiff and his family. In spite of the Court Ordering in Sept. 2018 as a result of Injunctive Motion filed by Plaintiff) for GM Financial to correct their “deliberate” False Credit Reporting (which is being addressed in this complaint already), the economic damages are on-going, and the embarrassment and stress will last a life-time. The actions of Ms. Ward and GM Financial were deliberate, deceptive, false promises, as these Defendants not only didn’t honor their agreements with the Plaintiff, but they did s knowing that it would cause serious economic harm and stress to the Plaintiff and his family. These Defendants’ deliberate and willful acts would be considered “unconscionable” acts as described in the New Jersey CFA. The Defendants‘ actions violated the CFA, which forbids, as unlawful conduct, “/t7he act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment, suppression, or omission of any material fact... ."N.J. Stat. §56:8-2. 3 BUR L 000638-18 03/11/2019 Pg 4 of 4 Trans ID: LCV2019446376 Although “consumer” is not defined in the CFA, the term “person” is employed and includes both individuals and corporations. N.J. Stat. §56:8-1(d). The term “merchandise” is broadly defined under the CFA to include “any... services or anything offered, directly or indirectly to the public for sale.” N.J.S.A, 56:8-1(¢). CONCLUSION The Plaintiff argues that there is clear, irrefutable evidence that GM Financial violated the New Jersey CFA, by failing in their legal obligation to disclose the assignment of the lease; by not refunding the “late fees” as their Supervisor and VP had agreed to do; by continuing to “fraudulently” bill for the vehicle after the lease payments had been satisfied, and they had agreed to remove the inoperative vehicle from the Plaintiff home; and by not reporting the vehicle as a “dealer return” as Ms. Ward stated they would do. Based on these irrefutable, fully supported facts, established through a recorded call, a corroborating “witness” Affidavit, and GM Financial’s own documents, the Plaintiff respectfully requests the Court to Strike the previous Orders, which removed the “Consumer Fraud” charge against GM Financial, and reinstate the Consumer Fraud count against GM Financial. Dated: March 5, 2019 sf BUR L 000638-18 03/11/2019 Pg 1 of 2 Trans ID: LCV2019446376 EXHIBIT BUR L 000638-18 03/11/2019 Pg 2 of 2 Trans ID: LCV2019446376 ate, A Seas se Se alae 2 Meee Ke Yl PREP IoeHTimcATIGN RUKBER SUPE YEARL ake HODEL BODY TYPE 1G6RR LELBE UE004- 42 2024 CAD ELR 2. DR i TNPE OF TLE DUPLICATE NO Guaayorans COLORMTLME ‘DEALER ID AXLESPROP FusL STANDARD 8 GY 250428 2 rE Issue DATE ‘VREPEPLACEVENT BERGE STATUS, 85.00 12-10-2014 14 & i ROOD ‘SALVAGED OVERS) P.POUCE, TK, ACAR LEASING LTD ‘ieLEMOM LAW PO BOK 9000 ‘A-AGTUAL MiteAOE LUTHERVILLE MD 21094 NSIT THE ACTUAL MILEAGE ULEAGE EXCEEDS THE MECHANICAL LmaTTS : HURIGER OF 1 sunige OF HENHOLDERS 1 OuNER bL/cc i | .QHIEF ADSENISTRATOR OF THE MOTOR VEHICLE COMNISSION, GF THE STATE OF NEW JERSEY, DO WEREAY CERTIFY THAT EVIDENCE OF PURCHASE. OF OWNERSHLP, ty COMPLIANCE NITY THE LAWS, ‘OF THE STATE OF NEW JEASEY, GF THE DESCRIBED ARTICLE, HAS BEEN RECORDED AND FLED WATH ME, AND) LOO HEREBY ISSUE THIS CERTIFICATE OF GNNERSHIP SUBJECTTO SECURITY u AGREE 08 LIEN. IF ANY 49 STATED. : rr, wee S uur et State of New Hersey MOTOR VEHICLE COMMISSION DAE LEH RELEASED BY siohaTuRe, : 5g Te BRE pate LEN RELEASEO By 12-10-2014 , 95833 50742 10940 SSR 3 WELLS FARGO BANK NA £2 PO BOX 9000 Ey ee A. LUTRERVILLE MD 21094 ‘te nie es ties} me r avant se eR Be eisai isch chee were B a > > ae é aA ¥ FOLD ANO TEAR AT PERFORATION f THIS IS A RECEIPT DOCUMENT ONLY af VINS IG6RRIESBEUG00444 MILEAGE; 14 A DUP: STATUS: €AD 2014 2 DR ELR GY 8 AKLE:2 DEALER 1D:25042N 00959 55252 10940 TITLE 1 85.00 i ACAR LEASING LTD SALES TAX 0.00 PO BOX 9000 LFIS 0.00 LUTHERVILLE MD 21094 TOTAL 85.00 85,60 I STANDARD LIENHOLDER (S) 95833 50742 10940 WELLS FARGO BANK NA oO Q 4 e mi Bee, Confidential - Redacted GM Financial - Bello - 023 BUR L 000638-18 03/11/2019 Pg 1 of 5 Trans ID: LCV2019446376 EXHIBIT BUR L 000638-18 03/11/2019 Pg 2 of 5 Trans ID: LCV2019446376 syyeO? REED SMITH LLP Formed in the State of Delaware Diane A, Bettino, Esquire (033241991) David G. Murphy, Esquire (069822013) Princeton Forrestal Village 136 Main Street, Suite 250 Princeton, NJ 08540 Tel. (609) 514-5954 Fax (609) 951-0824 Attorneys for Defendants AmeriCredit Financial Services, Inc, d/b/a GM Financial and Daniel E. Berce JEFFREY BELLO, SUPERIOR COURT OF NEW JERSEY LAW DIVISION, BURLINGTON COUNTY Plaintiff, Docket No, L-638-18 y Civil Action CADILLAC, A DIVISION OF GENERAL MOTORS COMPANY, ET AL, GENERAL MOTORS HOLDINGS, LLC; GENERAL CERTIFICATION OF MOTORS LLC, HOLMAN CADILLAC, A TAMMY WARD DIVISION OF HOLMAN AUTOMOTIVE, INC; ESIS GENERAL MOTORS, A WHOLLY OWNED SUBSIDIARY OF THE CHUBB CORPORATION; KERBECK CADILLAC, INC; GENERAL MOTORS FINANCIAL COMPANY, INC, A WHOLLY OWNED SUBSIDIARY OF GENERAL MOTORS COMPANY; AIRSEPT, INC, MARY T. BARRA, DANIEL BERCE, MELINDA K. HOLMAN, MICHAEL SCHWAB, STEVEN MADDERN, CHRIS C. ROFFEY, JOSHUA PREISTER, JOHN/JANE DOES #1-10 AND/OR ABC CORPORATIONS #1-10, FICTITIOUS CORPORATIONS AND/OR COMMERCIAL ENTITIES, J/S/A Defendants. J, Tammy Ward, declare, Confidential - Redacted GM Financial - Beilo - 040 BUR L 000638-18 03/11/2019 Pg 3 of 5 Trans ID: LCV2019446376 of nor” 1 I am employed by Defendant AmeriCredit Financial Services, Inc. d/b/a GM Financial (“GM Financial”), as Assistant Vice President, Lease Servicing. I have held this position since 2001. I have personal knowledge of the facts contained in this certification and if called upon to do so, could and would competently testify to the facts contained herein. [am making this certification in support of the Motion to Dismiss in Favor of Arbitration. 2. As Assistant Vice President, Lease Servicing for GM Financial, I have access to GM Financial’s business records relating to consumer accounts with GM Financial. These records, including the documents referenced herein and attached hereto, were made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person. with knowledge of and a business duty to record or transmit those matters, which were kept in the course of the regularly conducted activity, and which were made by the regularly conducted activity as a regular practice. The matters set forth in this declaration are based on my personal knowledge and/or these business records. 3 On November 29, 2014, Plaintiff Jeffrey Bello (“Plaintiff”) leased a 2014 Cadillac ELR Coupe (the “Vehicle”) from Kerbeck Cadillac Chevrolet Buick (“Kerbeck”) in Atlantic City, New Jersey. In leasing and financing the lease of the motor vehicle, Plaintiff executed the Lease (with Arbitration Provision). 4 Attached as Exhibit A is a true and correct copy of the Lease (with Arbitration Provision) dated November 29, 2014, and entered into between Plaintiff and Kerbeck for the lease of the Vehicle. By signing this agreement, Plaintiff agreed to pay $499.10 per month to lease the Vehicle. -2- Confidential - Redacted GM Financial - Bello - 041 BUR L 000638-18 03/11/2019 Pg 4 of 5 Trans ID: LCV2019446376 4 KG ne Pre 5 The Lease (with Arbitration Provision) was assigned to ACAR Leasing Ltd. ——_— (“ACAR”). 6 ACAR, the Titling Trust, is a Delaware Trust. GM Financial is the servicer for ACAR, and services the Plaintiffs motor vehicle lease account. 7 Plaintiff received monthly billings statements and made monthly payments in accordance with the terms of the Lease Agreement. 8 By signing the Lease (with Arbitration Provision), Plaintiff agreed to the following: Agreement to Arbitrate: By signing below, you agree that, pursuant to the Arbitration Provision on the reverse side of this Lease, you or we may elect to resolve any dispute by neutral binding arbitration and not by a court action. See the Arbitration Provision for additional information concerning the agreement to arbitrate. ARBITRATION PROVISION PLEASE REVIEW - IMPORTANT — AFFECTS YOUR LEGAL RIGHTS 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. 2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A _ CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. 3 DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. -3- Confidential - Redacted GM Financial - Bello - 042 BUR L 000638-18 03/11/2019 Pg 5 of 5 Trans ID: LCV2019446376 THTI2016, 16:19 cust sid he has been to the hospital twice regarding the ac system In the veh being chemically css MWARRE2 hazadous/! cust std he has contacted ppl directly invovied with gm, and the dirship no ane is: explaining anything regarding this matter! imtand order doct hi béén fabl ited by the dlr hp “according |to ‘tel paper ork ish tWARRI tread the sé TH7f2016 16:18 cel vap ani 5595158827 cust std he wanted to speak with a thomas lee(sup) cust std that he took = CSS MWARRE2, his veh to holman cadillac to have the ac serviced and that they had the veh from 3/24/16 thru 6M4/16/ when ee the veh back 3 of the rims were damaged, 72