Preview
CPM-DC-000915-17 09/10/2018 2:00:00 AM Pg 1 of 1 Trans ID: SCP 20182011488
Federated Law Group, PLLC
887 Donald Ross Road
Juno Beach, Florida 33408
Telephone: (877) 217-0707
Email: fdaniels@ federatedlaw.com
Fred G. Daniels, Esq. - 005521975
Of Counsel A ttomey(s) for Plaintiff
SUPERIOR COURT OF NEW JERSEY
CACH, LLC, LAW DIVISION, SPECIAL CIVIL PART
CAPE MAY COUNTY
Plaintiff,
vs. Docket Number: CPM DC 000915-17
CIVIL ACTION
JAMES R STEPHENS
NOTICE OF MOTION ENTERING
Defendant. JUDGMENT OUT OF TIME
(X) IDO NOT Request an Oral Argument
(_) I Request Oral Argument
To: JAMES R STEPHENS
5809 Pacific Ave
Apt9
Wildwood NJ 08260-4230
PLEASE TAKE NOTICE, that the undersigned will apply to this Court, located at CAPE MAY County, 9 North
Main Street, Cape May NJ 08210 in the above entitled matter for an Order to Enter
J udgment Out of Time.
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. Y our 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 not
represented by an attorney.
If you do not notify the Clerk and the undersigned in writing within ten (10) days of service of the motion
that you object to the entry of the order sought, the court in its discretion may enter the order against you without
a hearing.
Dated: September 8, 2018
/s/ Fred G. Daniels, Esq.
Fred G.Daniels, Esq. of Counsel to
Federated Law Group, PLLC.
Attomey for Plaintiff
CPM-DC-000915-17 09/10/2018 2:00:00 AM Pg 1 of2 Trans ID: SCP 20182011488
Department
of Defense Manpower Data Center Results as of : Sep-08-2018 11:14:00 AM
SCRA 48
ss a 7,
b
Status Report
> hs
Pursuant to Servicemembers Civil Relief Act
Ded
SSN: XXX-XX-0250
Birth Date: Mar-XX-1963
Last Name: STEPHENS
First Name: JAMES
Middle Name:
Status As Of: Sep-08-2018
Certificate ID: VXZJ 5YDLRMHT9ZD
(On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects the individuals’ active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
‘The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date (Order Notification End Date Status Service Component
NA NA No NA
This response reflects whetherthe individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955
CPM-DC-000915-17 09/10/2018 2:00:00 AM Pg 2 of2 Trans ID: SCP20182011488
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement
of the Servicemembers Civil Relief Act (50 USC App. ? 501 et seq, as amended) (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact
information can be found on the SCRA website's FAQ page (Q33) via this URL: https://scra.dmdc.osd.mil/fag.xhtml#Q 33. If you have evidence the person
was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked
against you. See 50 USC App. ? 521(c).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC ? 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC ? 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RP As). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC ? 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
CPM-DC-000915-17 09/10/2018 2:00:00 AM Pg 1 of 12 Trans ID: ecr2oiseomes
Federated Law Group
887 Donald Ross:Rd.
Juno Beach, FL'33408
(877) 217-0707 DOGKET NO: CPM DC 000915-17
CACH, LLC Law Division, Special Civil Part OF New
Jersey
Plaintiff LAW DIVISION
COUNTY:-CAPE MAY.
Vs. SPECIAL CIVIL PART
James R Stephens CIVIL:‘ACTION
Certification of Assignment of Claim
Defendant
Jam of full age, being duly sworn according to law, upon oath deposes and says and as Authorized ‘Representative
for CACH, LLC (hereafter the Plaintiff’) hereby certifies as follows:
4, I have personal knowledge regarding Plaintiff's creation and maintenance of its normal business records,
including computer records of its credit accounts. This information was regularly and contemporancously
maintained during the course of the Plaintiff's business. I am authorized to execute this Certification on
behalf of Plaintiff and the information below is trac and correct to the'best of niy knowledge, inforniation
and belief based-on the busitiess records of the account. If called as’a witness, I can competently testify to
the facts stated herein.
The original creditor in the above referenced matter is First National Bank Omaha
The original account number in the above referenced matter ends in 4840
The defendant’s social security number ends in 250
‘The current owner is CACH, LLC
Plantiff's business records indicate that owners of the Account include:
First National Bank Qmaha
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.
‘The foregoing aflidavit was signed to and subscribed CACH, LLC
before. me this Monday, July 16, 2018
ot lic)
1035252 Monday, July 16, 2018
ANAC CR ain,
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CPM-DC-000915-17 09/10/2018 2:00:00 AM Pg 2 of 12 Trans ID: SCP 20182011488
EXHIBITA
CPM-DC-000915-17 09/10/2018 2:00:00 AM Pg 3 of 12 Trans ID: SCP 20182011488
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personallyappeal @NE ESPINOZA
who, being by me duly sworn, upon his/her oath deposed and stated as follows:
SIGNE ESPINOZA 1
“My name i over the age of 18, of sound mind, capable of making
this affidavit, and have personal knowledge of the facts herein stated:
Jam an authorized representative and custodian of the records of CACH, LLC (“CACH, LLC”),
and I am also familiar with the processes of CACH, LLC. regarding its purchase of accounts. On or
about February 6, 2015, CACH, LLC purchased a portfolio of accounts from First National Bank of
Omaha (the “Seller’). I have reviewed the Bill of Sale between CACH, LLC and the Seller dated
February 6, 2015 governing this transaction, including the account schedule identified as an Exhibit
thereto (collectively, “Bill of Sale”). Pursuant to the Bill of Sale, the Seller assigned all right, title and
interest in the accounts listed in the Exhibit to the Bill of Sale to CACH, LLC.
Attached hereto is a true and correct copy of the aforesaid Bill of Sale. The Bill of Sale is kept
by CACH, LLC in the regular course of business, and it was part of the regular course of business of
CACH, LLC for a tepresentative of CACH, LLC with knowledge of the act, event, condition, opinion, or
diagnosis recorded to make the record or to transmit information thereof to be included in such record;
and, the record was made at or near the time or reasonably soon thereafter.
The records attached hereto are exact duplicates of the originals. It is CACH, LLC’s regular
practice to redact the Exhibit to the Bill of Sale before providing it to ageticies and law firms for use in
collection on an account, in order to protect potentially confidential information of the defendant and
information relating to other debtors’ accounts listed thereon.
Signed this___ day of APR 04 20165 2016.
,
SWORN TO AND SUBSCRIBED before me in the County of DENVER state of Colorado, on
the day of APR 0 4 2016 , 2016.
EDNAD CRUZ
NOTARY PUBLIC
[Signature of No ‘STATE
OF COLORADO
NOTARY
ID 20084000047
EXPIRES MARCH 19, 220
=
EDNA D. CRUZ
‘ED Name of Notary Public]
Notary Public in and for State of Colorado
My commission expires:
[Affix Seal]
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EXHIBITB
BILL OF SALE
For value received and in further consideration of the mutual. covenants and conditions:set forth in the
Forward Flow Debt Sale Agreement (the “Agreement”}, dated as of the 31 day of October, 2014, by and
between First National Bank of Omaha (‘‘Seller”) and CACH, LLC (“Buyer”), Seller hereby transfers;
sells, conveys, grants, and delivers to ‘Buyer, its successors and assigns, without recourse and to the extent
of Seller’s ownership, the Receivables as set forth in the Receivables Data File (as defined in the
Agreement), dated February 6, 2015, it being understood that such transfer, sale; conveyance, grant and
delivery is made without any representations or warranties except those expressly made in the Agreement.
FIRST NATIONAL BANK OF OMAHA
Signature’
vine 2 Ltharne
Tile: __Precamya
tgp Lo erect
Date: te 6 -fS
FIRST NATIONAL BANK OF OMAHA
Signature:
Name:
Title:_ JP
Date: 2° WHS
POOL #5
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EXHIBIT B
CPM-DC-000915-17 09/10/2018 2:00:00 AM Pg 9 of 12 Trans ID: SCP 20182011488
Account Number, MME 4540
New Balan $2,436.90
Fist Nationa! Bank VISA Minkmum Payment Due: $250.00
Poymont Due Dato: ‘August 6, 2014
tok checks fiiyable wo Fal Natonal Dank Omatia
First National Bank Omaha Amount af Payment Enetoaes
P.O.Bi
aanore 900: ‘Omaha, NE 68103-2557
JAMES R STEPHENS
sOOOOOR0oo
PO BOX 1
10 GRANDE Nu 08242-3081 ‘Change of Address? il yes, please
complete reverse sige,
GR 840 = copocc002s000 oo00000243L90
PLEASE DETACH HERE AND RETURN TOP PORTION WITH YOUR PAYMENT
Platinum Editlon® Vise® Account Number:
Page001 of 001
Account Summary BS Payment Information
Previous Balance $2,562.16 New Balance $2,436.90
Payment $200.00 Minimum Payment $250.00
Other Credits $0.00 Past Due Amount $152.00
Purchases +$0.00 Paymiont Duo Data ‘August 6, 2014
Balance Transfers +$0.00
Cash Advances, +$0.00 @ Late Paymant Warning: ti we do not receive your minimum
Faes Charged +$35.00 paymenl by the dals listed above, you may hove to pay 0 late fea of up to
Interest Charged $35 and your APRS may be 130 16 a Penaily APR of up to 29.99%.
New Balance $2,436.
@ Minimum Payment Warning: Hf you make only the minimum
‘Statement Closing Date 07/094 aymenl each period, you will pay morein interest and it will take you
Days In Billing Cycle 30 longer to pay off your balance. For Exam
“tybirman po ugecral "| _ vou wu pay of he bance ‘Aid you a weno
Total Gredit Limit arges ving ti ert ans ‘ben tin alaernen i
$4,000.00 ‘egch monthyou pay POUL oe a ve toa of
Available Credit. $0.00
Cash Limit 3800.00 only te misimum payment 21 yeara $6,103,
Available Cash $0.00 so yearn $5,276.
(Savings $2,827).
‘f you would lice information anout erean counseling services, call }-566-406-6972
e Customer Service Cal Toll Free 1-888-530-3626
30 Telecomuiicatcns
Qevcn fr ti Deal -800-028-2839)(Balones Tranuter Het: 1-877-388-8231)
Save Time and Stamps vis bomaha.com:
by Paying Onlinal t National Bank Osho, P.O. Box 2587, Omaha, NE'62103-
V]Creditiise~
Avold Credit Card Fraud
Bo not give’out your account number over the phone yniass yau inlliale the'call. Credit card thieves have
been known to pose as credit card issuers and other businesses to trick you into giving out your credit card
fnumber. Legitimate companies don't call yau to ask for a credit card number over the phone.
-P Transaction Detall
Trans Post Reforonce Transaction Crodits (CR)
Date Date Number Description and Debi
Paymonta and Other Credite
615, 616 Y442004167923000170220 PAYMENT - THANK YOU $200.00 (CR)
Face
7-07. 7-69 7416404 190000100082000 LATE FEE $35.00
Total Foes Far This Poriod $35.00
Interast Chan a
Interest Charge on Purchase $39.74
Interest Charge_on. $0.00.
Interest Charge on Balances Transfers $0.00
‘Total intorest For This Period $39.74
‘Your Annual Parcentage Rate (APR) Is the annual interest rate on your account. (¥) Variable Rate _(f) Fixed Rate
Charge Annual Percentage Balance Subject Days Rate Used Interest Charge
Summary. Rate {APR} to Inlerest Rate
Purchases 19.99% (v) $2,418.34 $39.74
Cash Ravana 25.24% (v) $0.00 $0.00
2014 Total Year-to-Date
Tota! fees charged in 2014 $165.00
Total intérest charged In 2014 $282.07
Insued by First Nsitonal Bark of Omata ‘See'revarse for addional Informabon.
CPM-DC-000915-17 09/10/2018 2:00:00 AM Pg 10 of 12 Trans ID: SCP 20182011488
To ensure accuracy. please print ch using upper-case letters and numbers only.
Please do not use Red (nk, Gal pens or Pencil.
‘CHANGE OF ADDRESS, PHONE, OR E-MAIL
Address,
ApuBidgt
City
State, ZIP
Home Phone,
Work Phone
Cell Phone
E-mall Address.
you have o Credit Card for business purposes, and are requesling an address change, wa may'roquost addilénal
information,
Balance Subject to interest Rate:. Each “Balance Subject to ‘¢ hie you do riot have to pay tha amount in queston, you are
Inerest Rate” shown on the font of this statement is dotermined responsible fr ihe remainder of your balance
sing the average daily balance {including new purchases) method '» econ opply any unpaid amount against your cred limit,
Such balance & calculaied separaloly for each period that & r Rights f You Are 0! Your Credit Card Purchasos.
paricuar cle waa in eect (eletred fo Delow as a ‘Rate Perce’) are dissatsfied with the goods or service thal have purchased
To gel each average daiy baimnce, we frst te 0“ with your credt card, and you have ied in good fei to correct the
Balance” for each dey of he Rats Perixd as follows: (1) we siat Problem wih the merchant, you may have the right nol.to pay the
With the begining bance of each coy, (2} we add any new femainng amount due on the purchase. To use tha righ, afl of the
Transactons {such as Purchases, Blanes ‘Teonslors, Cash fotowing mu be tue, 1. The purchase muat have boon made in your
‘Advances and debs! adjsimants, as applicable) and any new fees, home Stale or vain 100 mile of your curent msiing actkeso, and the
‘and (3) we subinict any epplicable payments, credis, of credit ce must have bgen more then S50. (Nola: Nether of these
Aadwustments, Each aver ‘balance thal iz shown cn th front ‘re neceseary if your purchase was based on an advertsement we matled
is computed by adding up all the Daily Batances in Ine Rate Period to you, of we own the company tha sold you the goods oF services.) 2
‘and dvidng the folal by the number of days in the Roks Period ‘You mus have used your cecil card forthe purchase, Purchases made
(which shows on the font a5 "Days Rate Used]. In makiig these wild cash advances tom an ATH or will a check that accesses your
Compulatons: (a) we may treat 2 crecil balance as a belance of creditcard account do nat Quali, 2, You must nel yel have fully paid
Zero, and (b] we may delsy adding foes Wp your balance, nd (6) the purchase.
each day, wa muliply your Oady Balonce by the applienble day Ifa af the crt cbove ara mel and you are sl asatsied with tho
ord rala and add tha! amount to you balance to doxerine the purchase, contoct us in wating at First Nalinal Bank of Omsho, P.O. Box
xt day's beginning belance 3606 Omaha, NE 62106.0696. While wa investgaie, the same files
interest Charges: We Spire he inkres! chargeson ‘account apply to the dspued amount as discussed ‘Alter we finsh our
by appiing the eppicable daly penode rate to the appicable investgazon, we will ‘Our decision. Al that point f we think you
average cally balance of your account and multphng tl product ‘Owe én amour wd you do nol pay we may report you 6s detnquent.
by the nurcber of days inthe Rato Poriod Uabilty for Uneuthostznd Use: Ifyou notice the lone or thefl of your
How to Avold Paying Interest on Purchases: you pay your red caed or a possible unaulherized use of yout card, you should write
New Balai 03 shown on the front of ls biling slalement by the lo us immedaialy ol PO. Box 3698 Omeha, NE 68103-0696 or the
Payment Duo Dats and ifwe also recetved payment in tll of your facsimile numbor 402-602-6088 or call us at 1-800-688-7070. You wil ot
‘New Balanoe as indicated on your premeusbiling’stement by be liable for any unavthonzed use thal oocurs alter you only us, You
Payment Due Date oF if st New Batance was 2tro or a cred, no ‘may, however, be nbie for unauthotized use that occurs before your
imterest charges wil be assessed on Purchases shown on your nei ‘ote fo vs In any case, yur Eabily wall not excted $50
biling tater ‘Unless you have been spacicaly noted No PreSet Spending Limit: Il your aacount ira no pre-set spending
‘therwe no period ia prided fo repay nar Purchese limt as previously declosad to you, please 1éad the folowng provisions
‘edhou! incurring mitest chorges—in oer words, thar © no orca socount No pre-set spending limit does not mean
period fo Cash Advances or Befance Transfers unlimited spending. Your account willbe assignod 0 revolving croc mit
Paymént Requirements; Payments must be (1) accorgpanind by ‘er Purchasea and Cash Advances. For Cash Advances, you you may only
‘the lop portion of this bing stalement;(2} received no Laer than. ‘spend up fe your exsipned cash revowving cred imu. For Purchases, you
5.00 pm (Central Time)_onthe Paymen! Oue Cate al the location may be auiherized to exceed your assigned revohing credit limi, Each
‘W0 hive speci for rezeint of your paymén, (3) mado onlyby transaction you make is authorized based on factors such 8s yout account
check o mk orderif ert made by rl (4) eadin history, cecil record, cbsence