RODNEY K.

EPPS
208 COLONIAL CT
GALLOWAY NJ08205-3642
BAXTER FINANCAIL, LLC SUPERIOR COURT OF NEW JERSEY
AS ASSIGNEE OF LAW DIVISION-ATLANTIC COUNTY
HOUSEHOLD BANK 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. COMMERCE BANK DEPT #800-01-01
7 Century drive, Suite 201 11000 ATRIUM WAY
Parsippany, New Jersey 07054 MOUNT LAUREL, NJ 08054
Attorney Plaintiff(s)

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.