Rodney K

RODNEY K. EPPS 208 COLONIAL CT GALLOWAY NJ08205-3642 BAXTER FINANCAIL, LLC AS ASSIGNEE OF HOUSEHOLD BANK

SUPERIOR COURT OF NEW JERSEY LAW DIVISION-ATLANTIC COUNTY SPECIAL CIVIL ACTION PLAINTIFF

DOCKET NO: DC-006089-07 CIVIL ACTION

Vs. RODNEY K. EPPS

NOTICE OF MOTION TO DISMISS AND OBJECTION TO ORDER TO TURN OVER DEFENDANT

FEIN, SUCH, KAHN & SHEPARD, P.C. 7 Century drive, Suite 201 Parsippany, New Jersey 07054 Attorney Plaintiff(s)

COMMERCE BANK DEPT #800-01-01 11000 ATRIUM WAY MOUNT LAUREL, NJ 08054

I Rodney K. Epps move the court to dismiss the order to turn over, and to dismiss all civil actions against and to give me a full and detail explanation as to why counsel for the plaintiff can get a summary judgment by just filing paper work. Also I move the court to explain why the clerk allowed a summary judgment to the plaintiff without first being fully assured that at least one of the parties had shown up in court to be sworn as to the facts of the case. This is a clear violation of my constitutional right to a fair trial. Here are the following reasons for my objections. To the order to turn over (1.) Failure to prosecute Civ. Rule 41.1, (2.) Lack of subject matter jurisdiction. (subject matter jurisdiction can never be waived, and cannot be attached by mutual consent) A party to a civil action can raise the jurisdiction matter at any time, even after

judgment. A party must have standing in order for the court to hear the case, this can only be done by the plaintiff being sworn in open court and swearing to the facts of the case. The counsel for COMMERCE BANK or BAXTER FINANCAIL, LLC, cannot be sworn as to any facts. Arguments by counsel are not Sufficient for motion to dismiss or for summary judgment see, Trinsey v. Pagliaro, D.C. Pa. 1946, 229 f. Supp. 647.Fed. Rules Civ. Proc. (12b) (6), 56(d), 28 u.s.c.a. Your Honor, the point is this, it would be constitutionally unfair to Grant summary judgment to COMMERCE BANK or BAXTER

FINANCAIL because I did not appear in court, when neither COMMERCE BANK or BAXTER FINANCAIL LLC, appear in court at any time to be properly sworn as to the facts of the complaint. FRCP RULE 43. In every trial, the testimony of witnesses shall be taken in open court …… ………If I can lose the case because I did not appear in court then surely the plaintiff (not there counsel) should not be given special treatment solely on paper work, the plaintiff should be penalized also If the plaintiff could not be in court to purse there claim then. they would have to submit AFFIDAVITS OR DEPOSITIONS to show just cause as why they could not appear and be sworn. How can a court proceed to judgment without a sworn witness? I have been denied my civil rights to doprocess and the case against me is void on its face. For these’s reason I ask the court to dismiss all claims with prejudice

RODNEY K. EPPS 208 COLONIAL CT GALLOWAY NJ08205-3642 Signed____________________ __ October 20, 2008.