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Copeland v. U.S. Bank

United States District Court, D. New Jersey

August 30, 2018

MARCIA COPELAND, Plaintiff,
v.
US BANK, LAW FIRM OF GARY ZEITZ, LLC, CITY OF CAMDEN TAX OFFICE, and NAN FAMULAR, Defendants.

          MARCIA COPELAND 2 APPLE RIDGE WAY EAST BRUNSWICK, Appearing pro se.

          ROBIN LONDON-ZEITZ GARY C. ZEITZ, LLC On behalf of Defendants U.S. Bank and Law Firm of Gary Zeitz, LLC.

          TIMOTHY J. GALANAUGH CAMDEN CITY ATTORNEY OFFICE CITY HALL On behalf of Defendant City of Camden Tax Office.

          TIMOTHY J. GALANAUGH CAMDEN CITY ATTORNEY OFFICE CITY HALL On behalf of Defendant City of Camden Tax Office.

          OPINION

          NOEL L. HILLMAN, U.S.D.J.

         This is one of many matters initiated by Plaintiff Marcia Copeland. This particular matter concerns Plaintiff's complaints stemming from state court foreclosure litigation. Before the Court are three motions to dismiss by Defendants U.S. Bank, [1] the Law Firm of Gary Zeitz, LLC (“the Law Firm”), the City of Camden Tax Office (“the City of Camden”), and Nan Famular (“Judge Famular”), as well as six miscellaneous motions filed by Plaintiff. For the reasons that follow, the Court will grant the motions to dismiss, deny Plaintiff's motions as moot, and direct the Clerk of the Court to close this case.

         I.

         Plaintiff's Complaint is largely based on a state court proceeding that resulted in the foreclosure of a property located at 451 Line Street in Camden, New Jersey. The Complaint focuses on how Plaintiff was allegedly “bypassed in the personal service of process” in the foreclosure proceeding and the foreclosure action itself and Judge Famular's orders were unlawful for various reasons.

         Plaintiff makes specific allegations directed at certain defendants. As to the City of Camden, Plaintiff alleges it “den[ied] owners use of their building by allowing fraudulent charges to put the property beyond reach for redemption, ” “allow[ed] U.S. Bank to bill foreclosure charges against statute, ” “falsely claim[ed] this building was abandoned, ” “facilitate[d] theft, ” “us[ed] boarding by MAS rentals as sign of abandonment while using the same method to secure their property against vandalism, ” and “[f]ailed to provide a ‘legal bill.'”

         As to the Law Firm, Plaintiff pleads it “[c]apitalized on the incompetence of the Chancery judge, Nan Famular, ” “[a]ttempted to obtain favorable foreclosure decision by circumventing Due Process, ” failed to “send proof of personal service, ” and “[e]ngag[ed] in unconstitutional practice[s], ” such as “using a dead bird, ” “[u]se of boarding, ” and “waiting until the end of the week to take a week growth of grass” to “fraudulently claim abandonment.” Plaintiff's Complaint also makes specific allegations as to Judge Famular, which this Court addresses below.

         Prior to the filing of this action, Judge Famular entered a September 25, 2017 Order concluding that “the property located at 451 Line St, Camden, New Jersey, Block 209, Lot 43 is declared an abandoned property.” Following initiation of this federal action, the state court entered a March 20, 2018 Final Judgment in the foreclosure suit.[2]

         Plaintiff's Complaint lists three causes of action: (1) “Amendment 4, 14, Due process, ” (2) “Theft (Bank Fraud), ” and (3) “RICO” (the Racketeer Influenced and Corrupt Organizations Act). These causes of actions are asserted against four defendants: U.S. Bank, the Law Firm, the City of Camden, and Judge Famular. Plaintiff asks for a variety of monetary relief, as well as for a declaration that Judge Famular's Order “lack[s] Due Process support.”

         Before the Court are nine pending motions: a January 23, 2018 Motion to Dismiss filed by U.S. Bank and the Law Firm, a March 1, 2018 Motion to Dismiss filed by the City of Camden, an April 2, 2018 Motion to Dismiss filed by Judge Famular, and six ...


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