United States District Court, D. New Jersey
ROBERT THOMAS LIEBER, JR, WELTMAN, WEINBERG & REIS CO., LPA, PHILADELPHIA, PA, On behalf of plaintiff.
JAMES C. FIDELIBUS, GLENDORA, NJ., Appearing pro se.
MEMORANDUM OPINION & ORDER
NOEL L. HILLMAN, District Judge.
WHEREAS, plaintiff, HICA Education Loan Corporation, commenced this civil action seeking to recover payments under a promissory note signed by defendant, James C. Fidelibus, on May 2, 1994, pursuant to the United States Health Education Assistance Loan (HEAL) Program, 42 U.S.C. §§ 292, 294 et seq. and 42 C.F.R. 60; and
The note having been assigned to plaintiff by the Student Loan Marketing Association (SLMA), and therefore plaintiff is the holder of the note; and
Plaintiff alleging that defendant has failed to make payments owed under the terms of the note; and
Defendant having filed his answer to plaintiff's complaint, denying his liability; but
Thereafter, defendant having not participated in the discovery process; and
Plaintiff having moved for summary judgment, arguing that:
(1) There is no dispute that defendant signed the Note;
(2) There is no dispute that defendant defaulted in his agreement to repay the Note;
(3) There is no dispute that plaintiff is the owner and holder of the Note; and
(4) There is no dispute of the amounts that are due and owing under the terms of the Note; and
The Court observing that summary judgment is appropriate where the Court is satisfied that the materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations, admissions, or interrogatory answers, demonstrate that there is no genuine issue as to any material fact and that the moving party is entitled to a ...