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MOTION FOR DEFAULT FOR STATE OF CONNECTICUTFAILURE TO APPEAR, JUDGMENT SUPERIOR COURTAND ORDER FOR WEEKLY PAYMENTS www jud.ct. gov AA _ | IMMIIMH/I IIJD-CV-49 Rev. 8-99 INSTRUCTIONS TO PLAINTIFF/PLAINTIFF'S ATTORNEY RETURN DATE,P.B. §§ 17-23, et seq. Complete this Motion and an Affidavit of Debt (JD-CV-52) and send original of each 07/16/19to the Clerk's Office and one copy of each to all defendants. Complete section | ofthe Notice of Judgment and Order for Weekly Payments (JD-CV-50) and file in DOCKET NO.TO: The Superior Court duplicate with the Clerk's Office. CN: = AI4073 CV196093758Soy ‘Judicial Housing ADDRESS OF COURT (No., street, town and zip code)District Session L1ea.No. __|235 CHURCH ST NEW HAVEN CT 06510-0000NAME OF CASE (Plaintiff v. Defendant)PORTFOLIO RECOVERY ASSOCIATES, LLC v. SCOTT GALLIPOLINAME(S) OF ALL DEFENDANT(S) AGAINST WHOM MOTION IS FILED.SCOTT GALLIPOLIIn the above entitled action, the Plaintiff(s) respectfully represent(s) that the Defendant(s) named above has (have) failed tofile an appearance within two days after the return date. The Plaintiff(s) therefore request(s) that a default be enteredagainst the Defendant(s) for failure to appear and that the Court enter judgment after default in favor of the Plaintiff(s) inaccordance with the Affidavit of Debt attached. ("X” one of the following) Plaintiff requests that no post judgement interest be awarded.The Plaintiff(s) also request(s) that an order for M1 NOMINAL (1 REASONABLE So weekly payments be entered.NAME OF PERSON SIGNING MOTION. ‘ADDRESSlolly R. Nelen POB 280245 East Hartford, CT. 06128SIGNED COpLaInTiFFx "MAPD? 990)Miarrorney FOR PLAINTIFF(S)The undersigned, being duly sworn, deposes and says that : ("X“ one of the following)( the undersigned is unable to determine whether or not the Defendant(s) in this action are in the military or naval serviceof the United States.YY no Defendant in this action is in the military or naval service of the United States, and that, to the personal knowledgeof the undersigned (state facts showing defendant is not in such service):SEE ATTACHEDTHIS COMMUNICATION IS FROM A DEBT COLLECTORSIGNED (Affiant) PRINT NAME AND, IF APPLICABLE, TITLE, OF AFFIANT DATE SIGNED4 SIGNED (Comm. of Sup. Court/Notai DATE SIGNEDSubscribed and sworn to before me: p 2This is to certify that copies of the above Motion, Miltary Service Affidavit,Affidavit of Debt, and Plaintiff's Bill of Costs were delivered/mailed viaComplaint Fee.Entry Fee.. U.S. Mail, postage prepaid on (date):Sheriff's Fee. cosseeee to the following Defendants: (Enter name(s) and address(es) ofProceedings Before Trial. Defendant(s).SCOTT GALLIPOLI34 RIC CTTOTAL... 429.56 NORTH BRANFORD CT 06471SIGNED Holly R. Nelen © ewaintirF FOR COURT USE ONLY} =xXDATE SIGNED RSQZ ATTORNEY FOR PLAINTIFF(S)AFFIDAVIT OF DEBTRE: MOTION FOR DEFAULTFOR FAILURE TO APPEAR, STATE OF CONNECTICUTee — FOR SUPERIOR COURT | Uhl Il} ll {llae 5-99 INSTRUCTIONS1. Complete this affidavit and send original with your completed Motion for Default to Appear, Judgment and Orderfor Weekly Payments (JD-CV-49) and Notice of Judgment and Order of Payments (JD-CV-50) to the Clerk's Office.2. Attach a copy of the contract, lease or other document, if applicable, to the completed affidavit.3. If interest is being claimed, the period covered and the rate claimed must be stated.4. Ifclaiming attomey's fees, @ copy of the agreement must be attached.5. Send one copy of the completed Affidavit and Motion to each defendant. RETURN DATE07/16/19TO: The Superior Court CN: AT4073, DOCKETNO. ov 96093758SCOURT JUDICIAL HOUSING GA. ADDRESS OF COURT (No., street, town, and zip code)235 CHURCH ST NEW HAVEN CT 06510-0000DISTRICT SESSION NO.NAME OF CASE (Plaintiff v. Defendant)PORTFOLIO RECOVERY ASSOCIATES, LLC v. SCOTT GALLIPOLINAME(S) OF (ALL) DEFENDANT(S) AGAINST WHOM MOTION IS FILEDSCOTT GALLIPOLIThe undersigned deposes and says that (s)he is the O Plaintiff or O (title) of thePlaintiff and is familiar with the facts stated below. The Defendant(s) is/are indebted to the Plaintiff(s) as follows:A DETAILED AFFIDAVIT OF DEBT MADE PURSUANT TO CONN. PRACTICE BOOK 17-25, EXECUTED BY ACOMPETENT REPRESENTATIVE OF THE PLAINTIFF, PORTFOLIO RECOVERY ASSOCIATES, LLCIS ATTACHED AND MADE A PART HEREOF.‘THIS COMMUNICATION IS FROM A DEBT COLLECTORMW Continuation of this affidavit of debt is attached and made a part hereof.SIGNED (Affiant) PRINT NAME OF AFFIANT7 SIGNED (Comm. of Sup. Court/Notary) DATE SIGNEDSubscribed and sworn to before me:AFFIDAVITCommonwealth of VirginiaCity of Norfolk — ss.dstJ, the undersigned,hereby depose, affirm and state as follows:; Custodian of Records, for Portfolio Recovery Associates, LLC1. I am competent to testify to the matters contained herein.2. I am an authorized employee of Portfolio Recovery Associates. LLC, (“Account Assignee”) which is doingbusiness at Riverside Commerce Center, 120 Corporate Boulevard, Norfolk, Virginia, and I am authorized to make thestatements, representations and averments herein, and do so based upon a review of the business records of the OriginalCreditor SYNCHRONY BANK/LOWES and those records transferred to Account Assignee from SYNCHRONYBANK (“Account Seller”), which have become a part of and have integrated into Account Assignee’s business records, inthe ordinary course of business. The attached documents are true copies of the originals except to the extent thatconfidential and privileged information is omitted or redacted and personal identifying information is omitted or redactedas required by local rules, and applicable state and federal law.3. According to the business records, which are maintained in the ordinary course of business, the account, and allproceeds of the account are now owned by the Account Assignee, all of the Account Seller’s interest in such accounthaving been sold, assigned and transferred by the Account Seller on 12/20/2017. Further, the Account Assignee has beenassigned all of the Account Seller’s power and authority to do and perform all acts necessary for the settlement,satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interestin said account or the proceeds thereof, for any purpose whatsoever.4, According to the records transferred to the Account Assignee from Account Seller, and maintained in the ordinarycourse of business by the Account Assignee, there was due and payable from SCOTT GALLIPOLI (“Debtor and Co-Debtor”) to the Account Seller the sum of $5,647.11 with respect to account number ending in 2931, as of the date of11/22/2017 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the dateof the sale.5. According to the account records of said Account Assignee, after all known payments, counterclaims, and/orsetoffs occurring subsequent to the date of sale, Account Assignee claims the sum of $5,609.11 as due and owing as of thedate of this affidavit.6. Plaintiff believes that the defendant is not a minor or an incompetent individual, and declares that the Defendant isnot on active military service of the United States.Poem Associates, LLCLZBy:Notary Public3462665 v2Lowe's® Credit ‘SCOTT GALLIPOLIActount Number EEN 293 1 ‘Veit us at aw lowes. comicredt,Card Account een TeerSeo REpanes sageraa)Ifiec bares dionwee oan] [anmerrast ove aanPoaeen Sool (lNaatates paaeton cataSroaeeoam scan) oeeerromes cme|* Fees Charged $36.09) Lote Payment Warning: we do not receive you ToteSeen Sd eer neemies ren [er artntaanercenreeeaee‘Minimum Payment Warning: I! you make only the minimumest sega} ego aur osed wares ay nastavenceeea vomee ma eam ere eww nan aceSs cin on wecstmnr| [eepaaaoe ef |[ apeamatene [Year you a‘ueing thie card shown on thie up paying enfand.enct reonth | aiulement in [estimated total ofee (PouceGuesseen fs [anaae aea iLe ae[Fransaction Summary‘Tran Date Post ‘troice Number, 88erption of Transaction or Crect Amount]FEES1017 N07 LATE FEE $38.00)TOTAL FEES FOR THIS PERIOD $38.00}INTEREST CHARGED.1025 1025, INTEREST CHARGE ON PURCHASES $120.00]TOTAL INTEREST FOR THIS PERIOD $120.00]2017 Totals Year-to-DateTotal Fees Charged in 2017 13904 00}[Total interact Chorged In 2017 $1,059.37Total Interest Paid in 2017 $263.66]interest Charge Caculatien|Your Annual Percentage Rote IAPR)is the annua} interest rate or your accountExptation Annu Gatance Sumyect Interest BalanceType ot Balance Due Percentage Rate To Inerest Ale Charge Method|Current TransactionsRegular Purchases NA 26 09% $1,667: $0824 20lTransactions on or before 0128/2017[Reguiar Purenases NA 299% $3.89231 $51.78PANWENTDUE BY 5 P.M (ET ON THE DUE DATENOTICE: We may convert your payment into an electoric debt See reverse for details, Bving Highss Inicemation and ther‘important inlormationseer 0 LF Te sees pesast aes t weer gut sen einenDeiach anc mai’ tis portion wir your chock. Do not include uny correspondence with your check,_ a Account a1Total Ninmam Amun Payment | New BalancePayment Oue Past Oue Due Date |$1.559 08 £4,174 00 rimzaorr_ | “ss.600.12 |mes $f OOO. OOHL mcenSCOTT GALLIFOLIPO 80x 2013NORTH HAVER CT 0847362Nake Payment lo LOWE'S'SYNCHAONY BANKP.O, BOX 530914ATLANTA, GA 50358-0814([Fipartant Account Information‘your account hax a daforred infareat promaton and you WoW Eke usTo apply payment on your accountina Giforentwey, ploase call Customer Service to discuss other eptions thal may 68 availablesowe xs Loea san cORG £212 olenTODEyf! synchronyBANKBILL of SALE.PRA (PRLS) — PLCC Fresh-December 2017For value received and in further consideration of the mutual covenants andconditions set forth in the Forward Flow Accounts Purchase Agreement (the“Agreement”), dated as of this 20 day of February, 2017, by and between SynchronyBank formerly known as GE Capital Retail Bank; RFS Holding LLC. and Retail FinanceCredit Services, LLC., (“Seller”) and Portfolio Recovery Associates, LLC (“Buyer”),Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors andassigns, without recourse except as set forth in the Agreement, to the extent of itsownership, the Accounts as set forth in the Notification Files (as defined in theAgreement), delivered by Seller to Buyer on December 20, 2017, and as further describedin the Agreement.Synchrony BanksyleKen WojcikTitle: SVP Collections & RecoveryRFS Holding LLCBy: ~Ken WojeikTitle: Attomey In FactRetail Finance Credit Services, LLC7 .dKen WojcikTitle: Attomey In FactLowe's® CreditCard Account Recon miesSCOTT GALLIPOLI20: |Visit us at www.lowes.comicreditCustomer Service: 1-800-444-1408‘Summary of Account ActivityPrevious Balance $4,961 02)|: Payments $127.00|: Other Credits si92.641+ Purchases/Debits $375.15|+ Fees Charged $36.00)+ Interest Charged $97.49]New Balance 34 612.02)[Credit Limit $7,600.00Available Credit $2,987.00[Statement Closing Date 0428/2017bays in Bling Cycle anPayment InformationNew Balance $4,612.02Total Minimum Payment Due $182.00)Payment Due Date 08/17/2017,Late Payment Warning:if we do not receive your TotalMinimum Payment Due by the Payment Due Date listedjabove, you may have to pay a late fee up to $38.00.Minimum Payment Warning: If you make only the minimumjpayment each period, you will pay more in interest and it willtake you longer to pay off your balance For example:ifyoumakeno | You wil pay offadditional charges ‘the balance: snd youre endusing his cara | shown on this | __ YP Paying anon estimated total of .you pay‘Only the minimum 8 312,648 00payment years$6,646.00$185.00 3 years (Savings =$6,202.00)you would lke information aboutservices, call 1-877-302-8775.credit counselingTransaction SummaryRelerence Number!Tran Date Post Date elerence Number! Oescripion of Transaction or Credit Amount032737 11080 STORE 0593 NEW HAVEN CT $65.33-. PAINTED MOULDINGPAINTED MOULDINGBASIC REGISTERS & GRILLESCONSTRUCTIONIFINISH NAILS{Continued on next page)PAYMENT QUE BY 5 PM_(ET) ON THE DUE DATE.NOTICE: We may convert your payment into an electronic debit See Statement Disclosures link below for details, Billing FightsInformation and other important informationAccount Numb - 293 1Total Minimum PaymentDue$182 00SCOTT GALLIPOLIPO 80x 2033NORTH SAVEN CT 08473-8243Payment Due Date | ‘New BalanceOSTT2ONT $2512 02Make Payment o LOWE'S/SYNCHRONY 8ANKP.O BOX 530914,ATLANTA, GA 30353-0914Transaction Summary (Continued)Reference Number!Tran Date Post Date Rete NonbeDescription of Transaction or CreditMINWAX ACCESSORIES, WALL PLATES.44 oso 43129 STORE 0593 NEW HAVEN CTMOULDING - PRECUT LENGTHSINDOOR HOME PESTSEED STARTING PAY BY SCANPLANKING, HUMMINGBIRDMINWAX STAINSovis ont ONLINE PAYMENT THANK YOU,ower oat STORE 0593 NEW HAVEN CTUNDERLAYMENT, UNDERLAYMENTINSULATION-FIBERGLASS.PROJECT COMPLETERSoat sat 19714 ‘STORE 0593 NEW HAVEN CTRESIN PATIO FURNITUREPROMOTIONAL DISCOUNT042 see 42684 ‘STORE 0593 NEW HAVEN CT~ GAZEBOS/CANOPIESOUTDOOR RUGS, SPECIALTY PLANTERS,RESIN PATIO FURNITUREFIREWOOD, PROMOTIONAL DISCOUNTFEESoan7 = on? LATE FEETOTAL FEES FOR THIS PERIODINTEREST CHARGEDves = 4reg INTEREST CHARGE ON PURCHASESTOTAL INTEREST FOR THIS PERIOD2017 Totals Year-to-DateTotal Fees Charged in 2017 $76.00Total Interest Charged in 2017 $391.16]Total Interest Paid in 2017 $263.66)‘Amount!$79.87$157.49)$38.00)'$38.00|$97.49)$97.49|interest Charge Calculation[Your Annual Percentage Rate (APR)is the annual interest rate on your account,Expiration Annual Balance Subject Interest Balance[Type of Balance: Date Percentage Rate To Interest Rate Charge MethodICurrent TransactionsRegular Purchases NA 26.99% 81.017 57 $2333.20Hransactions on or before 01/25/2017Regular Purchases NA 24.99%. $3493.98 $7416 20[important Account Information‘You may be offered one of the tallowing promotiona when you make a qualifying Lows" credit card purchase: No IntereatPaid in Full within 6, 12. 18 or 24 months. Under each promotion. no interest will be assessed on the purchase if you pay thepromotional purchase in full within the applicable prome period. if you do nol, interest will be imposed on the purchase fromthe date of purchase at rale of 26.99%, Minimum monthly payments required. Some or all of the minimum payment based(on the promotional balance may be applied to other account balances Oifers subject to credit approval. Oters not availableat all imes for ll purchases. Olfer dates and other terms will be disclosed in promotional advertising. Regular accountrmsapply to non-promo purchases and, after promotion ends, to promo purchases, Cannot be combined with other credit relatedpromotional offerslv your account has a deterred interest premcbon and you would like us to apply a payment on your account in a differentway, please call Customer Service to discuss o:her options that may be available,‘Synchrony Bank may ceninue fo obtain information, including employment and income information from others about you‘iacluding requesting reports from consumer reacrting agencies and other sources) to review maintain or collect youraccotCardholder News and InformationLooking for a different due daie? Call customer service al the phone number on your Slatement le determine W eligible and‘discuss available options.Piease Note: When contacting the Lowe's Credit Center you must be listed as an account owner to obtain information aboutthe account. We cannot disclose information to authonzed users or third partiesMaving? Visit Lowes comimoving for tools. tips and valuable offers to make your move easieraccount_numbereA 1record_type Asequence number 00Titlecustomer_type Lname GALLIPOLI SCOTTaccount_address_1 PO BOX 2043account_address_2city NORTH HAVENcountystate CTZip_code 06473-8243home_phone_number =**0000work _phone_number »“***0000birth_dateemployers_nameemployers addressloan_type_code CHAClending_officer_code LOW027user_field 0181dps_id_agency_atty code PRLSdealer_codecharge _off_reason_code WNPYaccount_status SF5interest_rate 0000source _code Areceipt_date 20171124contract_date 20121119charge_off_date 20171122last_payment_date 20170418charge_off_amount ***7070associated_costs =***0000accrued_interest ~"*7641current_balance wenenr a7 | |net_principal ™™**7070net_associated_costs “***0000net_interest ****7641last_comment_line_1last_comment_line_2last_comment_line_3‘last_comment_date 00000000isecond_name_1isecond_name_2“monthly_income *****9000\other_income ****0000|monthly_payment ****0000other_obligations ****0000own_rent_coderecovery _score000next_payment_date 00000000last_interest_date 00000000last_contact_date 20171026commission_rate 0000home_phone_flagwork _phone_flagaddress_flagcustomer_id “***7701filleragency_codeformat_code BLPA ee"*2700FDOD. 20170525LANG_IND ENFormer GE Account numberLast_Purchase_ Date 20170509MOBILE_PHONEweeco_nameco_account_address_1co_account_address_2citycountystatehome_phone_numberwork_phone_numberbirth_dateco.co.CO.co_zip_codeco.co.co.co.employers_nameco_employers_addressco_customer_idliableATLAS_ACCTNUMPERI AIAIHDO |CV196093758SPORTFOLIO RECOVERY ASSOCIATES, LLC V. SCOTT GALLIPOLIMILITARY SERVICE AFFIDAVITThe undersigned being duly sworn deposes and says that theDefendant(s) Social Security number, first and last name waselectronically communicated to the Department of DefenseManpower Data Center (DMDC). Based upon this information, theDMDC indicates that it does not possess any informationindicating the individual is on active duty.landa JosephInvestigatorSTATE OF CONNECTICUT )COUNTY OF HARTFORD ) SS: East Hartfordon MAY 25 2021the signer of the foregoing Affidavit personally appearedbefore me in East Hartford, Connecticut and made oath to thetruth of the matter as set forth herein.MAY 25 7024Subscribed and sworn to and before me, this day of2021.Nicole PesigoNotary Publi St@te of ConnecticutMy Commission EXpires: 12/31/2024THIS COMMUNICATION IS FROM A DEBT COLLECTOR.Gd CN AI4073Department of Defense Manpower Data Center Fesuits as of : May-25-2021 07:43:16 AMSORA 56Status ReportPursuant to Servicemembers Civil Relief ActSSN:Birth DateLast Name: GALLIPOLIFirst Name: SCOTTMiddle Name:Status As Of: | May-25-2021Certificate ID: SGQPTNJ2V174QF6‘On Active Duly On Active Duty Status DateActive Duly Sarl Date Activa Duly End Date Status ‘Service ComponentNA NA No NA‘This response rellects the individuals’ active duly slatus based on the Active Duty Status DateLoft Active Duty Within 367 Days of Active Duty Status Date‘alive Duty Start Dato ‘Active Duly End Date Siatus Service GomponentNA NA No NAThis response reflects where the individual let active duty stalus within 467 days preceding the Active Duty Status DateThe Member of His/ho*r Unit Was Noliled ofa Fulure Call-Up lo Active Duty on Active Duty Status Date(Order Notification Stan Date ‘Order Notification End Date Slats Service ComponentNA NA No NAThis response reliecis whether the individual or his ther unit has received eary nollication to ceport for active dulyUpon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status ofthe individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, andCoast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.Wee KLM SemrevitMichael V. Sorrento, DireuturDepartment of Defense - Manpower Data Center400 Gigling RaSeaside, CA 93955The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and EligibilityReporting 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. § 3901 et seq, as amended) (SCRA) (formerly known asthe Soldiers’ and Sailors’ Civil Relief Act of 1940). DMDC has issued hundreds of thousands of “does not possess any information indicating that theindividual is currently on active duty” responses, and has experienced only a small error rate. In the event the individual referenced above, or any familymember, 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 theprotections of the SCRA, you are strongly encouraged to oblain further verification of the person's status by contacting that person's Service. Service contactinformation can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/taqs. lf you have evidence the personwas 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 invokedagainst you. See 50 USC App. § 3924(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 ActiveDuty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for activeduty on the Active Duty Status DateMore 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 lessthan 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 serviceauthorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by thePresident and supported by Federal funds. Ail Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in theunit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard ReserveProgram Administrator (RPAs). 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 CasesCoverage 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 bereported 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 ameMied to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this websitecertification 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 notactually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRAextend 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 SCRAare protectedWARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providingerroneous information will cause an erroneous certificate to be provided.NOTICE OF JUDGMENT Instructions to Clerk STATE OF CONNECTICUTMail a copy of this notice and order to plaintiff/plaintiff's SUPERIOR COURTAND ORDER FOR attorney and keep the original in the court file. www.jud.ct.govWEEKLY PAYMENTSJD-CV-50 Rev. 3-09 Instructions to Plaintiff/Plaintiff's Attorney Court Use OnlyP.B. § 17-23 et sea. 4. Complete Section |. RETJGOR2. Complete "Payable to" ine in Section Ii by filling in the nameind addi of the iho is te i ts,sates ibeperan ote resbepermerts IHN HK MHDefendant(s) and retum the original to Clerk's Office with the Docket numbercertification below completed (Section Ill). V196093758SSection | (To be completed by Plaintiff/Plaintiff's Attorney)+ ‘i Geographic Addr Qf (Number, street, town, and zip codew uate Housing. Ae SSS GUC St NEN HAVEN Cf” 06510-0000District Session NumberName of case (Plaintiff v. Defendant)PORTFOLIO RECOVERY ASSOCI.Name(s) of Defendant's who must pay the judgmentSCOTT GALLIPOLISection Il — Notice To All Parties (To be completed by clerk)The following judgment may be enforced 21 (twenty-one) days after the clerk receives acertification that a copy of this notice was served on each judgment debtor (defendant).JudgmentAfter reviewing the affidavits filed in this matter, the court finds that the defendant(s) named above is/are not in the militaryor naval service and that the following are owed to the Plaintiff(s):1. Amount Due On Claims ..........2. Interest jax esanrmeaces xe an ox3. Reasonable Attorney's Fees .4. Other Lawful Charges ......5. Total Amount Of Judgment... .. So 5 609-1t(Total of lines 1-4)6. Plaintiffs Costs ............a iln |w | |w | lw7. Total Amount Of Judgment And Costs(Total of lines 5 and 6)Judgment is rendered for the Plaintiff(s) and the Defendant(s) named above must pay the Total Amount of Judgment and coststo the Plaintiff(s). It is also ordered that the Defendant(s) who must pay the judgment must make weekly payments as follows:Amount of weekly payment Date first payment is due.eC ae ©ENnSwE Payable to (Name and address of person who is to receive payments)LAW OFFICES HOWARD LEE SCHIFF, P C., P.O. BOX 280245, EAST HARTFORD CT 06128By the Court (Name of Judge) Signed (Judge/Assistant clerk) Date signedSection Ill — Certification Of Service Of Notice And Judgment To All Parties| certify that a copy of this Notice and Judgment has been delivered or mailed by U.S. Mail, to the Defendants named below and that | paidthe postage for that mailing. (Enter name(s) and address(es) of Defendant(s):Signed (Plaintiff/Attomey for Plaintiff) Date signed Date delivered/mailed
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Jul 31, 2024 |21STCV41477
Case Number: 21STCV41477 Hearing Date: July 31, 2024 Dept: 68 Dept. 68 Date: 7-31-24 Case # 21STCV41477 Trial Date: N/A ENFORCE SETTLEMENT MOVING PARTY: Plaintiff, CIT Bank, N.A. RESPONDING PARTY: Defendant, Van Helflin Holdings, Inc., et al. RELIEF REQUESTED Motion to Enforce the Settlement Agreement SUMMARY OF ACTION Plaintiff CIT Bank, N.A. alleges the existence of a January 10, 2019, executed MASTER EFA AGREEMENT and EQUIPMENT SCHEDULE, with Defendant Van Helflin Holdings, Inc., whereby Van Helflin Holdings, Inc., agreed to 60 monthly payments of $754.56. Defendant Stephen Heflin executed a personal guaranty. Plaintiff alleges a default/breach on the lease thereby leaving a $32,038.44 balance due. On November 10, 2021, and January 12, 2022, Plaintiff filed a complaint and first amended complaint for Breach of Contract. A request for dismissal of the entire action was filed on November 9, 2022 under the jurisdiction of CCP 664.6. RULING: Granted. Plaintiff CIT Bank moves for enforcement of the parties settlement agreement. The relevant terms of the agreement require the parties to cooperate in the listing and sale of the property. The sale proceeds will be left in an escrow account pending further agreement of the parties, or order of the court. On July 28, 2022, the parties filed their stipulation for settlement of the action. The settlement agreed to a balance of $22,440, payable in monthly installments of $935. In case of default, the balance would increase to $32,038.44. Defendant(s) made $5,610 in payments, and defaulted on the March 28, 2023, thereby leaving an unpaid balance of $26,428.44. Code of Civil Procedure section 664.6: If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (Code Civ. Proc., § 664.6.) Strict compliance with the statutory requirements is necessary before a court can enforce a settlement agreement under this statute. (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37.) Accordingly, parties under section 664.6 means the litigants themselves, not their attorneys. (Levy v. Superior Court (1995) 10 Cal.4th 578, 586 (holding we conclude that the term parties as used in section 664.6 means the litigants themselves, and does not include their attorneys of record.).) Additionally, the settlement must include the signatures of the parties seeking to enforce the agreement, and against whom enforcement is sought. (J.B.B. Investment Partners, Ltd. v. Fair (2014) 232 Cal.App.4th 974, 985.) Section 664.6 was enacted to provide a summary procedure for specifically enforcing a settlement contract without the need for a new lawsuit. (Weddington Prods., Inc. v. Flick (1998) 60 Cal.App.4th 793, 809.) When ruling on a section 664.6 motion, the trial court acts as a trier of fact to determine whether a settlement has occurred, which is also an implicit authorization for the trial court to interpret the terms and conditions to settlement. (Id.) The court may not create the material terms of a settlement, and must instead decide on what terms the parties agreed upon. (Id.; Terry v. Conlan (2005) 131 Cal.App.4th 1445, 1460; Osumi v. Sutton (2007) 151 Cal.App.4th 1355, 1360; Fiore v. Alvord (1985) 182 Cal.App.3d 561, 565-566.) In acting upon a section 664.6 motion, the trial court must determine whether the parties entered into a valid and binding settlement of all or part of the case. In making this determination, trial judges, in the sound exercise of their discretion, may receive oral testimony or may determine the motion upon declarations alone. (Corkland v. Boscoe (1984) 156 Cal.App.3d 989, 994.) The property sold on July 20, 2022. Its not clear from the motion how much the sale netted, but the escrow company distributed $300,000 to both parties, plus an additional $30,000 to defendant Lison. Again, its not clear why this additional amount was distributed. On an unspecified date, the City of Los Angeles Department of Water and Power refunded $51,151.75 in fees paid. The fees are currently being held in an escrow account. [Declarations of Michelle Sorice and Craig Forry.] Plaintiff filed a notice of settlement on September 14, 2022, and a request for dismissal under the jurisdiction of CCP 664.6 on November 9, 2022. The court denied the motion to vacate the dismissal on September 5, 2023. The motion itself includes a copy of the executed settlement agreement. [Declaration of Steven Booska, Ex. A.] The court accepts the settlement agreement, the represented default on the agreement, and right to seek a judgment for the outstanding balance. [Booska Decl.] The unopposed motion is granted. Moving parties to give notice.
Ruling
WELLS FARGO BANK, N.A. VS. DANIEL A REIBOLD
Jul 30, 2024 |CGC23604325
Matter on the Law & Motion Calendar for Tuesday, July 30, 2024, Line 5. PLAINTIFF WELLS FARGO BANK, N.A.'s MOTION FOR SUMMARY JUDGMENT. Ordered off calendar for defendant's noncompliance with Local Rule 2.7(B) (courtesy copies). Motion may be re-set for a Mon.-Thur. after August 22. Defendant's papers shall bear new hearing date. =(302/RBU)
Ruling
Captial One, N.A. vs. Ward
Jul 31, 2024 |23CVG-01215
CAPITAL ONE, N.A. VS. WARDCase Number: 23CVG-01215Tentative Ruling on Motion for Order that Matters in Request for Admission of Truth of Facts beAdmitted: Plaintiff Capital One, N.A. seeks an order deeming the truth of matters specified in Plaintiff’s Requestfor Admissions, Set One. Despite being timely served, Defendant Leah Ward did not file an Opposition.When a party fails to respond to a request for admission, the requesting party may move for an order deeming thegenuineness of documents and the truth of matters specified in the requests admitted. CCP § 2033.280(b). Failureto respond also waives any objections to the discovery propounded. CCP § 2033.280(a). Plaintiff’s moving paperssufficiently demonstrate that Defendant has failed to respond to the Request for Admissions within the requiredtime frame.Unlike a motion to compel further responses, a motion to compel responses when no responses have beenprovided does not require the propounding party to demonstrate good cause or that it satisfied a meet-and-conferrequirement. Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal. App. 4th390. Despite there being no requirement to meet and confer, Plaintiff sent a meet and confer letter to Defendant,through her former counsel, prior to filing the motion.Monetary sanctions are mandatory per CCP 2033.280(c), however, Plaintiff did not seek monetary sanctions andprovided no evidence regarding attorney’s fees or other costs associated with bringing the motion. Sanctionsshould only be imposed for “reasonable” expenses. CCP § 2023.030. The Court does not have information uponwhich to make a finding that any amount of sanctions were for reasonable expenses and should not imposesanctions.The motion is GRANTED. Defendant is deemed to have admitted as true each of the items contained inPlaintiff’s Request for Admissions, Set One. Objections are waived. Plaintiff provided a proposed Order thatwill be executed by the Court. The Court confirms the trial date of January 21, 2025.
Ruling
BANK OF AMERICA, N.A. VS. DAVID COHEN
Jul 29, 2024 |CGC23610721
Matter on the Law & Motion calendar for Monday, July 29, 2024, Line 9. PLAINTIFF BANK OF AMERICA, N.A.'s MOTION FOR JUDGMENT ON THE PLEADINGS. Off calendar. The Carr declaration fails to show that the parties met and conferred "in person, by telephone, or by video conference" in compliance with CCP 439. Defendant is ordered to comply with the code. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)
Ruling
Aug 01, 2024 |22CV-0201128
D&A PARTNERSHIP CONSTRUCTION VS. VERSKACase Number: 22CV-0201128This matter is on calendar for review regarding trial setting. The previous trial date was vacatedby the Court’s order dated May 8, 2024. The Court designates this matter a Plan III case andintends to set the matter for trial no later than November 19, 2024. Neither side has posted juryfees. The parties are granted 10 days leave to post jury fees. A failure to post jury fees in thattime will be deemed a waiver of the right to a jury. The parties are ordered to appear to providethe Court with available trial dates.
Ruling
ALLY BANK, A CORPORATION vs BARRIENTOS
Aug 04, 2024 |CVSW2404598
ALLY BANK, A APPLICATION FOR WRIT OFCVSW2404598 CORPORATION VS POSSESSION - CLAIM AND DELIVERYBARRIENTOS BY ALLY BANK, A CORPORATIONTentative Ruling: The Court does not have any Proof of Service that that the Defendanthas been served/noticed with this Application for Writ of Possession. The court will hearfrom the parties at time of the hearing.4.NEAL VS RIVERSIDE MOTION FOR RETURN OF SEIZEDCVSW2406566COUNTY SHERIFF PROPERTYTentative Ruling: Motion unopposed. Motion GRANTED.A criminal defendant, “may bring a non-statutory motion for return of propertyseized by warrant or incident to arrest which was not introduced into evidence butremained in possession of the seizing officer.” (People v. Lemonte (1997) 53Cal.App.4th 544, 549 [emphasis added].)Here, Plaintiff argues that good cause exists for the return of the seized propertybecause over one year has passed since the incident, and the Office of the DistrictAttorney has failed to prosecute the matter. In support, Plaintiff submitted his owndeclaration, stating that there are no charges currently pending against him for which anyof these items would be used as evidence, they are not property the possession of whichis prohibited by law, and they do not need to be retained for any investigative or otherlawful purposes. (Neal Decl.) Based on this evidence, Plaintiff has shown that he isentitled to return of property seized during his traffic stop.Court will sign the Proposed Order.
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