American Education Services denied Jessica m. Martin's Request for a restraining order. American Education Services argued that ms martin lacked standing to sue. Mr. Mccartney agreed to represent mr martin in the case. The case is expected to be heard at a settlement conference in january.
American Education Services denied Jessica m. Martin's Request for a restraining order. American Education Services argued that ms martin lacked standing to sue. Mr. Mccartney agreed to represent mr martin in the case. The case is expected to be heard at a settlement conference in january.
American Education Services denied Jessica m. Martin's Request for a restraining order. American Education Services argued that ms martin lacked standing to sue. Mr. Mccartney agreed to represent mr martin in the case. The case is expected to be heard at a settlement conference in january.
Martin, Jessica (Plaintiff) 150 74th Street, Apt 2H Brooklyn, NY 11209 VS American Education Services (Defendant) Adam Michaels (Attorney) The New York Times Building 37th Floor 620 Eighth A venue New York, NY 10018-1405 Settlement Conference Considerations ORIGINAL 1 R 1 ~ ~ ~ n 1 ~ [ O OCT 1 1 2011 PRO SE OFFICE Please consider and review attached documents which are as followed: Credit Report, letters from American Education Services regarding deferment and forbearance periods, Letter of therapist visits. Plaintiff, Jessica Martin, Pro Se, did not include all of the documentation that she has regarding her case against American Education Services since it would be a repeat of the documentation that she already submitted to the court and defendant via Original Complaint, Amended Complaint, and Request for Summary Judgment. For this reason, Plaintiff is submitting this documentation to highlight facts regarding her complaint and the main reason for her suit against the defendant, American Education Servicing. 1. Please refer to Plaintiff s recent attached credit reports from Transunion and Equifax. From 09/2010 to 09/2009, American Education Services reported Plaintiff as being 120-149 days to 180 or More Days Past Due to the Credit Reporting Agencies. However on 8/27/2009, Plaintiff faxed and mailed the required American Education Services Documentation that she was enrolled in school full-time. Adelphi University also notified American Education Services electronically, via National Clearing House, on 9/23/2009 of Plaintiffs full-time enrollment status. Plaintiff was told by Customer Service Representative via phone that the notification of full-time enrollment was received and she was in In- school deferment; however not until 10/2010 did American Education Services update my American Education Services Account as deferred from 05/07/2009 to 08/3112010; they subsequently sent Plaintiff a letter stating "changed forbearance status." Even though Plaintiff was not in "forbearance" during that period; she was in "In school deferment" since she was enrolled full-time at Adelphi University from 09/2009 to present and enrolled at Raritan Valley Community College from OS/2009 to 08/2009. Currently Plaintiff is correctly in Full-time "In School deferment" status till 05/31/2012. Jessica's complaint is that American Education Services recognizes/corrects their administrative errors at a later time after plaintiff s initial submissions of deferment/forbearance as " Case 1:11-cv-03319-ENV-LB Document 22 Filed 10/11/11 Page 1 of 15 PageID #: 173 evidenced by notices that state "changed forbearance status, changed deferment status, and courtesy forbearance"; however they fail to correct the errors on her credit reports (Experian, Equifax, and Transunion), which ruined Jessica's credit history. Plaintiff attests that is the only account on her credit report which prohibits her from acquiring some of the things that are vital to her quality of life: housing, transportation, and education. a. 01120/2009 to 05/04/2009, Plaintiff was enrolled at Raritan Valley Community College and received in school deferment and it was acknowledge by customer service representatives. Plaintiff applied for in school deferment prior to the start of the semester in the month of December 2008. In the month of January, Raritan Valley Community College, notified American Education Services electronically via National Clearing House of Plaintiff's enrollment. Her enrollment was acknowledge by American Education Services for the period of the Spring semester of 0112012009 to 05/0412009; however Plaintiff's credit report reflects her being delinquent from 150-179 days past due 180 or more days past due during that period. b. 01107/2009 to 01/19/2009, American Education Services placed on Plaintiff's account a "courtesy forbearance"; however Plaintiff was in economic hardship forbearance during that time and also applied for and was accepted for in school forbearance during that time period. c. 01/0112008 to 12/30/2008 and 0110112008 to 12/30/2008, 12/0112006 to 11/30/2007, Plaintiff applied for Economic Hardship Forbearance and confirmed with Customer Service Representatives of receipt of application and subsequent acceptance. Since 09/2009 when following up with customer services representatives they made Plaintiff aware that she failed to submit the proper documentation or properly filled documentation that was the reason as to the failure of her request for forbearance to be submitted on time causing delinquencies to appear on her credit report. However plaintiff attests that she indeed submitted the correct paper via fax and by mail and it was acknowledge and accepted by the defendant despite additional applications or stated "correct application." The plaintiff reasons that her request for Economic Hardship Forbearance was eventually applied to her account and believes that it was negligence and administrative error that caused American Education Services to report her account delinquent since 04/2008 to 09/2010. d. Plaintiff asserts that she has diligently applied and received the designated forbearance and deferment; however American Education Services reported her information incorrectly to the credit bureaus. Plaintiff believes that the defendant did indeed inflict emotional distress to the plaintiff by repeatedly ignoring each request directly and indirectly (via credit reporting agencies) for an adequate investigation and removal of credit reporting errors. The Plaintiff asks the court to not focus on the length of economic hardship forbearance and deferment since Plaintiff has every intention to payoff student loan debt prior to 09/2009 discovery of errors and each application of forbearance and deferment; however Case 1:11-cv-03319-ENV-LB Document 22 Filed 10/11/11 Page 2 of 15 PageID #: 174 through various reasons: unfortunate family tragedy and economic circumstances she decided to invest her money into other areas of obligations versus My Rich Uncle Student Loan at the time. The Plaintiff asserts that she had and still does have every intention to payoff that student loan. e. Plaintiff did not seek to file suit against My Rich Uncle since defendant, American Education Services, is servicing her loans and My Rich Uncle Student Loan Company is defunct. 2. Punitive Damages: Plaintiff has sought therapy/counseling over the matter against the Defendant and burden of apartment application rejections, not accepting admission into her first school of choice, deferment of career pursuits, failed attempts at correcting credit reporting errors, working full-time and going to school full-time, and other matters which were named in original and amended complaint. The Defendants action has caused insurmountable emotional and financial distress to the Plaintiff. Therefore the plaintiff is seeking and requesting punitive and statutory damages. a. My original suit was for $878,000.00, $28,000 of which consists of $1 ,000 for each credit reporting error. $450,000 of which are statutory damages. $400,000 of which are punitive damages. b. However, on October 1 st, Plaintiff notified American Education Services via Attorney Adam Michaels that she is willing to settle for the following: Removal of credit reporting errors, all of the 28 late payment status on my account within 60 days. Fine: $28,000, $1,000 for every violation. Punitive and Statutory Damages of $450,000. Total of $478,000 versus the 878,000, I have filed suit for. c. However, Plaintiff would like to request a change in settlement proposal. She would like the removal of credit reporting errors to occur within 30 days instead of 60 days. 3. James Jarecki esq. in previous correspondence with Plaintiff via email made Jessica aware that with any settlement between the defendant and herself that attorney fees will be deducted from any settlement agreement that is reached; however Plaintiff respectfully requests the US District Judge VitalanolUS Madgistrate Judge Bloom opinion in regard to that matter since as a Pro Se litigant, it has taken her a lot of time, research, and effort in conjunction with family, work, and academic obligations to file suit against American Education Services. She does not believe that attorney fees should be deducted from any settlement agreement and should be absorbed by the defendant. Plaintiff has done her due diligence and is seeking quick resolution of this issue that has persisted for approximately 2 years. 4. Plaintiff believes her settlement agreement is reasonable considering all the facts and damages inflicted on plaintiff and believes that plaintiff will win case in audience of jury for full or most of the $878,000 requested in suit; however she is willing to settle for $478,000/removal of all credit reporting errors (i.e., three credit reporting agencies notified within 30 days). 5. Plaintiff respectfully requests that the defendant, American Education Services analyze each of their clients' accounts. Plaintiff believes that the defendant's Case 1:11-cv-03319-ENV-LB Document 22 Filed 10/11/11 Page 3 of 15 PageID #: 175 negligence and lack of regard for their clients' credit records and reputation causes irreparable harm to their clients. a. In the unfortunate downturn of the economy these actions are very harmful to the livelihood of many Americans who are new graduates, continuing their education, or attempting to improve their income potential by advancing or changing their careers. "Mismanagement of paperwork" as defendant's attorney Adam Michael's stated, can really devastate the lives of their clients; such as the harm that was inflicted on the Plaintiff. The plaintiff suggests that American Education Services develops a Credit Reporting Department within the company or establish some form of project that looks over the accounts of their clients and make certain that there are no discrepancies or "mismanagement of paperwork" and thereby seek to correct it. As a student loan servicing company that is providing loans to students to help them reach their goals; it is feasible and obligatory to seek to help clients by making certain that the information reflected on their American Education Services account is equivalent to the information that is reported to the Credit Reporting Agencies; especially if that information has been changed. Plaintiff believes that American Education Services has done a poor job servicing the student loan accounts of behalf of their clients. x __ __ ____ ~ ____________ _ artin 150 Street, Apt 2H Brooklyn, NY 11209 cc. American Education Services Case 1:11-cv-03319-ENV-LB Document 22 Filed 10/11/11 Page 4 of 15 PageID #: 176 File Number: Page: Date Issued: -Begin Credit Report- 242221272 1 of 1 09/29/2011 TransUnion. on Your report begins with'MED1'. It ml:!dicallnformatl?r .and the data fol\?wing 'MEDt'!s not displayed to anyone but perml.tted by.law; .' ' ,"" '. 'i: h ; "',,'}\,,'f, , . ,",} """ ", < ' genera Ily. lJe repPJted for 7. years itstdellinqueljcy. dePefitdi,nlg I?n youi-state.of "ii' . ",. has ,been printed or is ygu\lm:l,erstand V9urreport:They . AES #5516551110PAO**** POB 2461 HARRISBURG, PA 17102-2461 (800) 233-0557 Balance: Date Verified: High Balance: Collateral: Terms: $38,376 09/2011 $28,125 DEFERRED TO 06012012 149 MONTHLY - End of investigation results - Pay Status: CURRENT; PAID OR PAYING AS AGREED Account Type: INSTALLMENT ACCOUNT Responsibility: INDIVIDUAL ACCOUNT Date Open: 11/2005 To view a free copy of your full, updated credit file, go to our website http://disclosure.transunion.com -End of Credit Report- Case 1:11-cv-03319-ENV-LB Document 22 Filed 10/11/11 Page 5 of 15 PageID #: 177 EQ...f.lIFAX CREDIT FILE: September 21, 2011 Confirmation # 1232015967 Dear Jessica Martin: Your request for Equifax to reinvestigate certain items of your credit file is now complete. Below are your results and a report of your credit file revised, as applicable, as a result of the reinvestigation. If you have additional questions regarding the reinvestigated items, please contact the source of that information directly. You may also contact Equifax regarding the specific information contained within this letter or report within the next 60 days by visiting us at www.investigate.equifax.com or by calling a Customer Representative at (888) 588-0688 from 9:00am to 5:00pm Monday-Friday in your time zone. Thank you for giving Equifax the opportunity to serve you. I The Results Of Our Reinvestigation Credit Account Information (For your security, the last 4 digits of account number(s) have been replaced by *) (This section includes otJen and closed accounts reported bv credit grantors) Account History 1 : 30-59 Days Past Due 5 : 150-179 Days Past Due J : Voluntary Surrender Status Code 2 : 60-89 Days Past Due 6 : 180 or More Days Past Due K : Repossession 3: 90-119 Days Past Due G : Collection Account L : Charge Off Descriptions 4 : 120-149 Days Past Due H : Foreclosure >>> We have researched the credit account. Account # - 5516551110PAO* The results are: The status of this account has been updated. The prior paying history on this account has been updated. Additional information has been provided from the original source regarding this item. If you have additional questions about this item please contact: AeslMru Funding Spv Inc., 1200 N 7th St, Harrisburg PA 17102-1419 Phone: (800) 233-0557 AeS/Mru Funding Spv Inc. 1200 N 7th St Harrisburg PA 17102-1419: (800) 233-0557 OJ ..... c....O - 0 .., c.n<D 0= ooo ..... =- o --.j!!!.0:- 25:-",,0-""= '< ..... Q)O= ::r s:: =- z 'f == -< _. --.j :- ..... """"-J =- NN :- gI :: I N N W to Account Number 5516551110PAO* Date Opened High Credn Credit Limn Terms Duration Terms Frequency Months Revd Activity Designator Creditor Classification Items As of Balance Date Reported Amount 09/2011 $38,376 Amount Past Due $0 11/2005 $28,125 $28,125 Date of Actual last Paymnt Paymnt Amount Scheduled Paymnt Amount 04/2006 $0 $0 Date of 1st Delinquency Deferred Date of last Activijy 07/2008 50 Date Maj. Charge Off Del. 1 st Rptd Amount $0 Deferred Pay Balloon Pay Start Date Amount 06/2012 $0 Balloon Pay Date
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..... W O oc.n wc.n -"" ..... 0:l0:l Date Closed - Pays As Agreed; Type of Account - Installment; Type of Loan - Education Loan; Whose Account - Individual Account; ADDITIONAL INFORMATION - Consumer Disputes ThiS Account Information; Student Loan - Payment Deferred; Account History 09/2010 08/2010 07/2010 06/2010 05/2010 04/2010 03/2010 02/2010 01/2010 12/2009 11/2009 10/2009 09/2009 08/2009 07/2009 05/2009 0412009 03/2009 0212009 01/2009 1212008 with Status Codes 6 6 6 6 6 6 6 6 6 6 6 5 4 3 2 1 6 6 6 5 4 11/2008 10/2008 09/2008 0412008 3 2 1 2 ( C0.ntinued On Next Page) Page 1 of 2 1232015967APP-001040693- 787- 8848 - S Case 1:11-cv-03319-ENV-LB Document 22 Filed 10/11/11 Page 6 of 15 PageID #: 178 .' Case 1 D.Q.cument 11 Case 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 '-" 7 44 PagelD # 71 Page 6 of 44 PagelD #: 6 1M JUNE Z7 I 2011 IBWNDHKB IB438 0158 8306 28L41 JESSICA MARTIN 150 74TH ST APT ZH BROOKLYN NV 11209-2239 DEAR CUSTOMER:
American Education Services P.O. Box 2461 Harrisburg. PA 17105-2461 Toll-free 1-800-233-0557' TOO 717-720-2354 Fax 717-720-39\6' IntemationaI717.720-3JOO www.aesSuccess.org ACCT NUMBER: 5516551110 This letter is in response to your recent inquiry regarding the deferments and/or forbearances on your educational loan account. The effective dates of the deferments and forbearances that are currently applied to the loans listed in the LOAN INFORMATION section are listed below. We trust this will be of assistance. DEFERMENT/FORBEARANCE TVPE Economic Hardship Forbearance Economic Hardship Forbearance Courtesy Forbearance School Deferment Courtesy Forbearance School Deferment BEGIN PATE 12/01/06 01/01/08 01/07/09 01/20/09 05/07/09 09/01/10 END PATE 11/30/07 12/30/08 01/19/09 05/04/09 08/31/10 05/31/12 If you have any questions, you may contact us at the telephone number or address shown above. loan Counselors are available to discuss your account Monday through FridaY, from 7:30 a.m. to 9 P , ET. Customer Service Department American Education Services PH13163sPS060HIST 5516551110 5516551110 MR 00008111790001402 Case 1:11-cv-03319-ENV-LB Document 22 Filed 10/11/11 Page 7 of 15 PageID #: 179 1: 11 9 of 44 D #: CaSe 1:11-cv-03319-ENV-LB Document 1 Filed 07/07/11 Page 8 of 44 Pagel 0 #: 8 "-'" AMERICAN EDUCATION SERVICES DEFERMENT/FORBEARANCE LOAN DECLARATION AceT II S5 1655 1110 NAME I JESSICA MARTIN REQUESTED TYPE BEGIN DATE END DATE ------------- -------------------- ---------. -------- DEFERMENT FULL TIME SCHOOL 09/01/10 05/31/11 lST DISB LOAN PGM CURRENT OWNER DATE CURRENT PRINCIPAL DATE I 10119/10 REPAYMENT START DATE HRUUGD MRU 11/03/05 .37,458.72 11/02/06 ACTION TYPE GRANTED DEFERMENT FULL TIME SCHOOL CHANGED'FORBEARANCE ADNlttISTRAflVe GRACE END BEGIN DATE END1DATE DATE 09/01/10 05/31/11 OS/tl7/'9'-----{)8/-3-1/10 - -----'. --- - END OF REPORT - - .-' '--' ..... -.. -'--, .. '. Case 1:11-cv-03319-ENV-LB Document 22 Filed 10/11/11 Page 8 of 15 PageID #: 180 8 Document 11 44 PagelD #: 75 Case 1:11-cv-03319-ENV-lB Document 1 Filed 07/07/11 Page 10 of 44 PagelD #: 10 . '. '-' ......,J AMERICAN EDUCATION SERVICES DEFERMENT/FORBEARANCE LOAN DECLARATION ACCT 'I SS 1655 1110 NAME I JESSICA MARTIN REQUESTED TYPE BEGIN DATE END DATE .. ---.-.---.. ---.---------------- -.-.------ -------- DEFERMENT FUll TIME SCHOOL 09101/10 05/31/12 DAN PGM CURRENT OWNER lRUUGD MRU 1ST DIS8 DATE 11/03/05 CURRENT PRINCIPAL '37.765.57 DATEI 03/04/11 REPAYMENT START DATE ACTION TYPE 11/02/06 GRACE END BEGIN DATE END ~ T DATE --------- FuLl-riMe-scHOOL---- -o;ioiiio CHANGED DEFERMENT 05/31/12 - END OF REPORT - Case 1:11-cv-03319-ENV-LB Document 22 Filed 10/11/11 Page 9 of 15 PageID #: 181 -"
1 17 Secure mail from AES/PHEAA Secure Mailbox VlfW MESSAGE su eJECT: RE: <lnd Defe rment Periods [nO II 062300HKSo 1 OZ45494 7 3 J fROM: aescs@aessuccess.org TO: marljes20Q4Js@yahoo.con1 SENT: Fr; 24 Jun 2011 15: 17:05 EDT EXPIRES: Tue 23 Aug 2011 15: 17:05 EDT Reply Reply to All Dear Jessica Martin, ? HELl> Thank you for contacting American Education Services (AES), Your loan was in the In-School Status until May I, 2006 and the grace period was over November 1, 2006_ This status started on November 3, 2005, the dale the loan was disbursed. An Economic Hardship Forbearance was applied to your account from December I, 2006 through May 31, 2007. An Economic Hardship Forbearance was applied to your account from June 1, 2007 through November 30, 2007. An Economic Hardship Forbearance was applied to your account from January J, 2008 through June 30,2008. An E.conomic Hard.<;hip Forbearance was applied to your account from July 1, :z008 through December 30, 2008. An Administrative Forbearance was applied to your account from January 7.2009 through January 19. 2009. An In-School Deferment was applied to your account from January 20. 2009 through May 4, 2009. An Administrative Forbearance was applied to your account from May 7, :1.009 through August 31,2010. An In-School Deferment was applied to your account from September 1, 2010 through May 31,2012. During a deferment and forbearance you are responsible for the accruing interest on your loans. You may choose to pay the accruing interest while your payments are deferred. You may view the amount of outstanding interest on our website. Once you have accessed your account online, select "View Loan Details" in the navigation menu on the left side of the SCreen. The amount of interest outstanding on your account can be viewed under the current principal balance. By clicking "View Details" for a loan you can view the amount of interest outstanding on that loan. Although you are not obligated to satisfY the accruing intcrest while your payments are deferred, it i.s to your benefit. Any unpaid accrued interest will be capitalized (added to the principal balance) once the account enters repayment. If you require further assistance, please visit OUf website at www_aessuccess.org. From the homepage, you may click on th" ?Contaet Us? link, which will provide you with useful information such as our Cl.C>tomer Service Department hours of operation and telephone number, and will allow you to submit inquiries via a secure c-rnail. If you have an online account, you ",ill find additional services available and may obtain account specific information_ Sincerely, Chasity American Education Services https:llsecuremall.aessuccess.orgfmessengcrldef/twpurllNonUscrPurl.do?x=d-37280445-t... 8/22/2011 Case 1:11-cv-03319-ENV-LB Document 22 Filed 10/11/11 Page 10 of 15 PageID #: 182 ADELPHI UNIVERSITY Garden City New York 11530 Dear Jessica: STUDENT COUNSELING CENTER UNIVERSITY CENTER - ROOM 31. tel. (516) 877-3646 fax (516) 877-3139 Enclosed are two copies of the letter you requested, noting all of the dates of your attendance at the Student Counseling Center. Per our conversation on Wednesday, September 28, 2011, I am sending these letters to your home address. Thank you. ~ ~ ------- Bernadine Y. Waller, MA, MHC Counselor Case 1:11-cv-03319-ENV-LB Document 22 Filed 10/11/11 Page 11 of 15 PageID #: 183 ADELPHI UNIVERSITY Garden City New York 11530 September 30, 2011 To Whom It May Concern: STUDENT COUNSELING CENTER UNIVERSITY CENTER - ROOM S I. leI. (516) 877-3646 fax (516) 877-3139 This is to inform you that Jessica Martin was seen at the Student Counseling Center on the following dates: 1/15/10 7/6/10 7/13/10 3/9/11 6/30/11 8/3/11 8/10/11 8/17/11 8/31/11 9/14/11 ~ ~ ~ ~ c . ? ~ Bernadme Y_ Waller, MA, MHC Counselor Case 1:11-cv-03319-ENV-LB Document 22 Filed 10/11/11 Page 12 of 15 PageID #: 184 Gmail - Jessica Martin v. American Education Services Page 1 of 1 Miss Martin <jmartin11209@gmail.com> Jessica Martin v. American Education Services Jessica Martin <jmartin11209@gmail.com> To: James J Jarecki <jjarecki@pheaa.org> Cc: michaelsa@pepperlaw.com Hello James and Adam, Thu, Sep 29, 2011 at 1:19 PM Did you receive my notice for promissory note to be sent to me? My main objective is for the credit reporting errors and the reported default to be removed from my credit report. If you would like us to discuss settling this matter we can go ahead and do so or having a settlement meeting with the Magistrate Judge Bloom or District Judge Vitaliano. Best Regards, Jessica Martin 732-742-0209 , https:llmail.google.com/maill?ui=2&ik=0977c6706f&vicw=pt&scarch=sent&msg=132b6... 10/6/2011 Case 1:11-cv-03319-ENV-LB Document 22 Filed 10/11/11 Page 13 of 15 PageID #: 185 Gmail - Jessica Martin v. American Education Services Page 1 of 1 Miss Martin <jmartin11209@gmail.com> '<'i, Jessica Martin v. American Education Services Michaels, Adam <michaela@pepperlaw.com> Fri, Sep 30, 2011 at 11 :12 AM To: "jmartin11209@gmail.com" <jmartin11209@gmail.com> Ms. Martin - As you are aware, we are legal counsel for the Pennsylvania Higher Education Assistance Agency d/b/a American Education Services (AES/PHEAA). Because AES/PHEAA is now represented by counsel, please direct all communications to me and do not contact any AES/PHEAA employee. It is my understanding that Mr. Jarecki from AES/PHEAA attempted to resolve this dispute before we were hired, that you insisted "not until AES/PHEAA filed an answer," and that Mr. Jarecki warned that once counsel was hired AES/PHEAA would have very little interest in discussing settlement. As was made clear in my letter to the Court, AES/PHEAA will be filing a motion to dismiss shortly. That being said, if there is a proposal you wish to make, I am willing to take that back to my client for consideration. Adam B. Michaels Pepper Hamilton LLP The New York Times Building 620 Eighth Avenue New York, NY 10018 Tel. 212.808.2746 Fax 866.422.0197 From: Jessica Martin [mailto:jmartin11209@gmail.com] Sent: Thursday, September 29, 2011 1:20 PM To: James J Jarecki Cc: Michaels, Adam Subject: Jessica Martin v. American Education Services [Ouoted text hidden] rnis ernai! is tor the use oj the intendeci intended reC8!ve only If you t13ve received ttl is email in error, Plus! not keep. USC,, disclose. or (ls1nbute permisslOn. of transrnittl!1g SOftvJEFB Viruses, we yOd 10 out own virus on any Hability for any loss or caused by software vIruses ; he contained in trlis subject to the p,ivi!cge If ale the; recipient and you cio not wish te tutlHe then please respond to tile to J"lis efk:)ct https:llmail.google.com/maill?ui=2&ik=0977 c6706f&view=pt&search=sent&msg= 132bae... 1016/2011 Case 1:11-cv-03319-ENV-LB Document 22 Filed 10/11/11 Page 14 of 15 PageID #: 186 Gmail - Jessica Martin v. American Education Services Page 1 of 1 Miss Martin <jmartin11209@gmail.com> Jessica Martin v. American Education Services Jessica Martin <jmartin11209@gmail.com> Sat, Oct 1, 2011 at 12:35 AM To: "Michaels, Adam" <michaela@pepperlaw.com> Hello Mr. Adams, Your pre-motion conference motion for partial dismissal was partially denied. The federal claim against the defendant via the FCRA and the punitive and statutory damages are still held against the defendant. Please refer to the docket report. Also, I am aware of my priviledges/rights, I have requested an Alternative Dispute Resolution Conference today. I do anticipate winning my case in front of a the US District Judge or trial by Jury; since I have substantial proof and facts and most importantly documentation with dates and correspondance. I am a pro se litigant and therefore I am doing the best that I can with the legal knowledge that I have to re-establish my perfect credit rating prior to the discovery of the credit reporting errors that American Education Services inflicted upon me without diligently seeking to resolve my requests for proper investigation and removal for 2 years. I believe it is in the best interest of the defendant to seek to resolve this case through ADR conference. I wanted an answer or some attempt for the company to explain itself and actions first prior to discussion; however I see that it may take a long time and the trial process is lengthy. Mind you, my main objective is to clear these errors from my credit report; not to be in court for several months. Therefore I am willing to settle. ADR are arranged to deter high legal expenses, such as attorney fees, that may be acquired through the lengthy legal process. My proposal is: 1. Removal of credit reporting errors, all of the 28 late payment status on my account within 60 days. Fine: $28,000, $1,000 for every violation 2. Punitive and Statutory Damages of $450,000 Total of $478,000 versus the 878,000, I have filed suit for. I am willing to negotiate with the defendant without the US District Judge being the mediator or with the US District Judge being the mediator. If the request for ADR is granted; it is up to your judgement if you would like the US District Judge to mediate any form of settlement; however we can seek to make a settlement now. Feel free to counteroffer. I do believe my case will stand solid by Jury or the US District Judge. Thank you so much. Jessica Martin 732-742-0209 [Quoted text hidden] https:llmail.google.com/maill?ui=2&ik=0977c6706f&view=pt&search=sent&msg= 132bdc... 10/6/2011 Case 1:11-cv-03319-ENV-LB Document 22 Filed 10/11/11 Page 15 of 15 PageID #: 187
Lincoln's Yarns and Stories: A Complete Collection of The Funny and Witty Anecdotes That Made Lincoln Famous As America's Greatest Story Teller by McClure, Alexander K. (Alexander Kelly), 1828-1909