PashmanStein December 30, 2015 VIA UPS OVERNIGHT Clerk, Superior Court of New Jersey Mercer County Courthouse 175 South Broad Street, 1* Floor Trenton, New Jersey 08608 Re: _ Harry Scheeler v. New Jersey Department of the Treasury, et al. Our File No. 9871-031 Dear Sir/Madam: On behalf of Plaintiff Harry Scheeler, | enclose herewith an original and one copy of the following documents for filing in the above-mentioned matter: Civil Case information Statement; Verified Complaint with Exhibits; Order to Show Cause; Letter Brief in Support of Order to Show Cause; and Certification of CJ Griffin, Esq. RON Kindly charge our Collateral Account #141905 with any fees related to this filing. Please return a filed copy of each document in the enclosed self-addressed, stamped envelope. Thank you for attention to this matter. Very truly yours, CU GRIFF! Enclosures cc: Hon. Mary C. Jacobson, A.J.5.C. (Courtesy Copy, Via UPS Overnight Mail) Pastan tn PC Cour Pe South | 21 Mn Stet Suit 200 Hackensack, 07601 Prone 2014888200. Foc oiaessseAppendix XII-B1 CIVIL CASE INFORMATION STATEMENT eee (cls) (enstexne Use for initial Law Division AMOUNT: Civil Part pleadings (not motions) under Rule 4:5-1 Pleading will be rejected for filing, under Rule 1:5-8(c), | OVERPAWNENT if information above the black bar is not completed or attorney's signature is not affixed Baron woweer: "ATTORNEY PROSE WANE TELEPHONE NUWGER | COUNTY OF VENUE CJ Griffin, Esq (201) 488-8200 Mercer FIRM NAME (tappicablay DOCKET NUMBER (when avalabe) Pashman Stein, P.C. MER-L- ‘OFFICE ADDRESS DOCUMENT TYPE Court Plaza South Verified Complaint & OTSC 21 Main Street, Suite 200 Hackensack, NJ 07601 JURYDEMAND Elves O No NAME OF PARTY (eg, John Doo, Paty CAPTION Harry Scheeler Harry Scheeler v. New Jersey Department ofthe Treasury and Cynthia Jablonski in her capacity of Records Custodian for the New Jersey Department ofthe Treasury ‘CASETYPENOMBER | HURRIGANE GANDY (See reverse side foristng) | RELATED? IS THIS A PROFESSIONAL MALPRACTICE CASE? Ol ves 802 DYES MEWO | iF yoUHAVECHECKED “YES, SEE NulS.A.2459,A-27 AND APPLICABLE CASELAW REGARDING YOUR OBLIGATION TO FILE AN AFFIOAVIT OF MERIT. RELATED CASES PENDING? IF YES, LIST DOCKET NUMBERS O ves mn 1DO YOU ANTICIPATE ADDING AY PARTIES | NAME OF DEFENDANT'S PRIMARY INSURANCE COMPANY known) (arising cut of same wansacon or occurence)? 1 None cvs Uvevorn Loon eee Anu O nu uicee ueka ie ect (CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION ‘BO PARTIES HAVE A CURRENT PASTOR TF YES, 1S THAT RELATIONSHIP RECURRENT RELATIONSHIP? CD evrcoventeuriovee G Freomecisor 1] Omer (expan) O ves No 1D Faun. 1B Busnes [DOES THE STATUTE GOVERNING THIS CASE PROVIDE FOR PAYMENT OF FEESBY THELOSINGPARTY? i Yes CI No USE THIS SPAGE TO ALERT THE GOURT TO ANY SPECIAL CASE CHARACTERISTICS THAT MAY WARRANT INDIVIDUAL MANAGEMENT OR [ACCELERATED DISPOSITION ‘According to N.J.S.A. 47:1A-6, this lawsuit should be assigned to the designated OPRA judge. Furthermore, the lawsuit “shall proceed in a summary or expedited manner.” Ba YOUGRVOURCHENTNEEO RY BOAR CCOMEDATENS? | FES, FESSE BERT RETESTED ROOT 6 Ove mo | Wit Av NTERPRETER SE NEEDEST TEES, FOR AT ONGDIOET Oi ves m0 | certify that confidential personal identifiers have redacted from all documenta submitted in te fut V ted from documents now submited to the court, and willbe nce with Rule 138-70) ae Effective 12-07-2016, CN 10517-English page 10f2 ATTORNEY SIGNATURE:CIVIL CASE INFORMATION STATEMENT (cls) Use for intial pleadings (not motions) under Rulle 4:5-1 CASE TYPES (Choose one and enter number of case type in appropriate space on the reverse side.) ‘Track! - 150 days’ discovery 151 NAME CHANGE 178 FORFEITURE 302 TENANCY 399 REAL PROPERTY (other han Tenancy, Contract, Condemnation, Complex Commercial or Construction) 502 BOOK ACCOUNT (dett collection mates onl) 505. OTHER INSURANCE CLAIM (including declaratory judgment actions) 508. PIP COVERAGE ‘510 _UMor UIM CLAIM (coverage sues only) 511 ACTION ON NEGOTIABLE INSTRUMENT 512 LEMON LAW 801 SUMMARY ACTION 802 OPEN PUBLIC RECORDS ACT (cummary acon) 989 OTHER (riety describe nature of action) Track Il - 300 days’ discovery 305.” CONSTRUCTION 508 EMPLOYMENT (other than CEPA or LAD) 599 CONTRACTICOMMERCIAL TRANSACTION 603N AUTO NEGLIGENCE ~ PERSONAL INJURY (nonverbal threshold) 03 AUTO NEGLIGENCE - PERSONAL INJURY (verbal tieshola) 605, PERSONAL INJURY. {810 AUTO NEGLIGENCE ~ PROPERTY DAMAGE 621 UM or UIM CLAIM (clues bodly injury) 099 TORT-OTHER ‘Track Il - 450 days' discovery (005 CIVILRIGHTS: 301 CONDEMNATION 802 ASSAULT AND BATTERY 08 MEDICAL MALPRACTICE 808 PRODUCT LIABILITY 607 PROFESSIONAL MALPRACTICE 608 TOXic TORT. 80 DEFAMATION 816 WHISTLEBLOWER / CONSCIENTIOUS EMPLOYEE PROTECTION ACT (CEPA) CASES. 617 INVERSE CONDEMNATION 818 LAW AGAINST DISCRIMINATION (LAD) CASES ‘Track IV ~ Active Case Managomont by Individual Judge / 450 days' discovery 156 ENVIRONNENTALIENVIRONMENTAL COVERAGE LITIGATION 303 MT. LAUREL. 508 COMPLEX COMMERCIAL 513 COMPLEX CONSTRUCTION 514. INSURANCE FRAUD 620 FALSE CLAMS ACT 701 ACTIONS IN LIEU OF PREROGATIVE WRITS Multicounty Litigation (Track 1V) 271 ACCUTANEISOTRETINOIN 290 POMPTON LAKES ENVIRONMENTAL LITIGATION 274 RISPEROAUSEROGUELIZYPREXA 281. PELVIC MESHIGYNECARE 278 ZOMETAAREDIA 292. PELVIC MESH/BARD 279 GADOLINUM 283 DEPUY ASR HIP INPLANT LITIGATION 281 BRISTOL-MYERS SQUIBB ENVIRONMENTAL 205 ALLODERM REGENERATIVE TISSUE MATRIX 282 FOSAMAX 206 STRYKER REJUVENATE/ABG I! MODULAR HIP STEM COMPONENTS 285 STRYKER TRIDENT HIP IMPLANTS. 297 MIRENA CONTRACEPTIVE DEVICE 286 LEVAQUIN 200 OLMESARTAN MEDOXOMIL MEDICATIONSIBENICAR 287 YAZIVASMINIOCELLA 300 TALC-BASED BODY POWDERS: 288 PRUDENTIAL TORT LITIGATION 601 ASBESTOS 269 REGLAN 623 PROPECIA It you bellove this case requires a track other than that provided above, please indicate the reason on Side, Inthe space under "Case Characteristics. Please check off each applicable category [-] Putative Class Action jf Title 59 Ettectve12-07-2015, CN 10517-Engsh page 20f2PASHMAN STEIN A Professional Corporation Court Plaza South 21 Main Street, Suite 200 Hackensack, NJ 07601 (201) 488-8200 CJ GRIFFIN, ESQ (#031422009) Attorneys for Plaintiff, Harry Scheeler HARRY SCHEELER, : SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MERCER COUNTY Plaintiff, DOCKET NO.: v, NEW JERSEY DEPARTMENT OF THE : Civil Action TREASURY and, CYNTHIA JABLONSKI in : her capacity as Records Custodian for the New. : ORDER TO SHOW CAUSE Jersey Department of the Treasury, Defendants. THIS MATTER being brought before the court by Pashman Stein, a Professional Corporation, attorneys for Plaintiff Harry Scheeler, CJ Griffin, Esq. appearing, seeking relief by way of summary action pursuant to R, 4:67-1(a), based upon the facts set forth in the Verified Complaint filed herewith; and the court having determined that this matter may be commenced by Order to Show Cause as a summary proceeding pursuant to the Open Public Records Act, N.LS.A. 47:1A-6, and for good cause shown: ITS onthis____day of. , 2016, ORDERED that Defendants the ‘New Jersey Department of the Treasury and Cynthia Jablonski, in her capacity as Records Custodian for the New Jersey Department of the Treasury, shall appear and show cause on the __ day of = 2016 before the Superior Court at the Mercer CountyCourthouse in Trenton, New Jersey at _am./p.m., or as soon thereafter as counsel can be heard, why judgment should not be entered: 1, Declaring said actions of Defendants to be in violation of OPRA, NLS.A. 47:1A- 1 et seq. by unlawfully redacting non-exempt information from canceled checks and bank statements in violation of N. A. 4T:1A-5(g); 2. Ordering Defendants to release un-redacted records or properly redacted requested records pursuant to OPRA; 3. Alternatively, declaring Defendants have violated Plaintiff's rights under the ‘common law right of access in their handing of Plaintiff's request for public records; 4. Ordering Defendants to provide the requested records under the common law; 5. Ordering Defendants to preserve the requested record pending resolution of these proceedings or as otherwise required by law; 6. Awarding counsel fees and costs pursuant to N.LS.A. 47:1A-6; and 7. For such other relief as the Court may deem just and equitable. AND IT IS FURTHER ORDERED that: 1, A copy of this Order to Show Cause, Verified Complaint and all supporting affidavits or certifications submitted in support of this application be served upon Defendants personally or by Certified Mail, Return Receipt Requested, within ___ days of the date this order was received by Plaintiff, in accordance with R. 4:4-3 and R. 4:4-4, this being original process. 2. The Plaintiff must file with the court its proof of service of the pleadings on the Defendants no later than three (3) days before the return date, 3. Defendants shall file and serve a written answer and opposition papers to this ‘Order to Show Cause and the relief requested in the Verified Complaint and proof of service of 2the same by 2016. The opposition papers must be filed with the Clerk of the ‘Superior Court in the county listed above and a copy of the papers must be sent directly to the chambers of Judge Mary C. Jacobson, A.J.S.C.. The papers must be served upon Plaintiff this same date, 4, The Plaintiff must file and serve any written reply to the Defendants’ opposition to the Order to Show Cause by 2016. The reply papers must be filed with the Clerk of the Superior Court in the county listed above and a copy of the reply papers must be sent directly to the chambers of Judge Mary C. Jacobson, A.J.S.C.. The papers must be served upon Defendants this same date. 5. Ifthe Defendants do not file and serve opposition to this Order to Show Cause, the application will be decided on the papers on the return date and relief may be granted by default, provided that the Plaintiff files a proof of service and a proposed form of order at least three days prior to the return date. 6. If Plaintiff has not already done so, a proposed form of order addressing the relief sought on the return date (along with a self-addressed return envelope with return address and postage) must be submitted to the Court no later than three (3) days before the return date. 7. Defendants take notice that the Plaintiff has filed a lawsuit against you in the Superior Court of New Jersey. ‘The Verified Complaint attached to this Order to Show Cause states the basis of the lawsuit, If you dispute this complaint, you, or your attorney, must file a written answer and opposition papers and proof of service before the return date of the order to show cause, These documents must be filed with the Clerk of the Superior Court in the county listed above. A directory of these offices is available in the Civil Division Management Office in the county listed above and online athttp://www judiciary state.nj,us/prose/10153deptyclerklawref.pdf. Include a $175 filing fee payable to the “Treasurer State of New Jersey.” You must also send a copy of your Answer and opposition papers to the Plaintif?’s attomey whose name and address appear above, or to the Plaintiff, if no attorney is named above. A telephone call will not protect your rights; you must file and serve your answer and opposition papers (with the fee) or judgment may be entered against you by default, 8. If you cannot afford an attorney, you may call the Legal Services office in the county in which you live or the Legal Services of New Jersey Statewide Hotline at 1-888-LSNJ-LAW (1-888- 576-5529). If you do not have an attomey and are not eligible for free legal assistance you may obtain areferral to an attorney by calling one of the Lawyer Referral Services. A directory with contact information for local Legal Services Offices and Lawyer Referral Services is available in the Civil Division Management Office in the county listed above and online at / Jerk! if, hutp//wenw, 9. The Court will entertain argument, but not testimony, on the return date of the Order to Show Cause, unless the Court and parties are advised to the contrary no later than days before the return date. MARY C. JACOBSON, A.J.S.C.PashmanStein December 30, 2015 Honorable Mary C. Jacobson, A.J.8.C. New Criminal Courthouse 400 S. Warren Street, 4th Floor Trenton, New Jersey 08650 Re: Harry Scheeler v, New Jersey Department of the Treasury, et al. Our File No. 9871-031 Dear Judge Jacobson: This firm represents Plaintiff, Harry Scheeler, in the above-captioned matter. Please accept this letter brief, in lieu of a more formal brief, in support of Plaintiff's application for an Order to Show Cause seeking relief from Defendants’ responses to the Open Public Records Act (“OPRA”) requests identified in the Verified Complaint and discussed in detail below. PRELIMINARY STATEMENT Plaintiff, Harry Scheeler, is an open government activist who frequently requests public records from public agencies to track government spending and to promote government transparency. For that reason, Plaintiff submitted two OPRA requests to Defendant New Jersey Department of the Treasury (“Treasury”) seeking records regarding government spending, including specific canceled checks and bank account statements for the months of September, October and November from the account ending in #5641. In response to Plaintiff's OPRA requests, Defendants produced copies of the requested canceled checks and monthly bank statements, but fully redacted any bank account numbers! in the records and made unnecessary redactions to other information. They stated that they did so based on OPRA’s privacy exemption. They redacted from the canceled checks the full bank account number Plaintiff " Defendants did not, however, redact the account number ending in #5641 from the pleadings. Plaintiff has made “white out” redactions to all but the last 4 digits of that account number within the exhibits to the Verified shan se@utsplaint to comply with R, 1:38-7(b). All “black out” redactions on the exhibits were made by Defendants. cout ac Sout facemact Wore Prone 21 annoHonorable Mary C. Jacobson, A.J.S.C. . Deoanber 305015 PashmanStein Page -2- provided to Defendants in his requests and also, within the bank statements, redacted the account numbers of other accounts to which money was being transferred. Plaintiff has objected to Defendants’ practice of redacting the full account number and has asked that they leave the last 4 digits in the past, but Defendants continue this practice. Without seeing at least the last 4 digits of the other account numbers to which significant sums of money is being transferred, Plaintiff has no way to track the money and make sure there is no corruption occurring. More specifically, if Defendants would have left at least the last 4 digits of the account numbers un-redacted, Plaintiff could then request the bank statements for the accounts ending in those last 4 digits and then ensure that those large transfers are actually going into other government-owned accounts. Plaintiff maintains that the redactions within the record are unlawful—nothing in the bank statements is a “trade secret” or “proprietary commercial or financial information.” Moreover, any unraised privacy or security concems can be adequately addressed by redacting all but the last 4-digits of account numbers, so at a minimum Plaintiff is entitled to records with fewer redactions. Accordingly, Defendants’ redaction of the full bank account numbers and other information within the records was unlawful. For the reasons argued herein, Plaintiff respectfully ask this Court to grant Plaintiff's application for an Order to Show Cause finding Defendants in violation of OPRA and ordering them to grant immediate access to unredacted records, or properly redacted requested records. Additionally, Plaintiff seeks an award of attomeys’ fees. STATEMENT OF FACTS On November 8, 2015, Plaintiff submitted an OPRA request to Defendants wherein he sought the September and October 2015 monthly statements for a specific bank account. HeHonorable Mary C, Jacobson, AJ.S.C. . December 30,2015 PashmanStein Page -3- provided Defendants with the full bank account number; that account ends in #5641. He also requested copies of the following canceled and returned checks from that account: Check #12078183 for$138,264.09 Check #12082353 for $37,511.84 Check #2274405 for $4,850.88 Check #12111345 for $151,518.84 Check #12160150 for $124,633.00 Check #12205882 for $10,217.00 Check #12207527 for $139,611.00 Check #12208415 for $325.00 [See Exhibit A to the Verified Complaint}. On November 18, 2015, in response the November 8" Request, Plaintiff received an email from Treasury that attached a letter from Defendant Cynthia Jablonski (“Jablonski”) and redacted copies of the documents Plaintiff requested. Ms. Jablonski’s letter advised that as to the documents being provided, “account numbers have been redacted pursuant to N.J.S.A. 47:1A- 1.1.” [See Exhibit A to the Verified Complaint]. On all eight canceled checks that Defendants produced they redacted the full account number, the bank ID number, the sequence number and the payee’s address. [See Exhibit B to the Verified Complaint]. In the September and October 2015 bank account statements, Defendants also redacted in their entirety the account numbers for all bank accounts that were used to transfer money into or that received outgoing transfers from account #5641. [See Exhibits C and D to the Verified Complaint]. Additionally, for each wire transfer in the statements, the ID number for the other account involved in the transfer was redacted in its entirety. Id.Deoimber 3000013 nn 7S PashmanStein Page -4- On December 6, 2015, Plaintiff anonymously made a second OPRA request to Defendants seeking a copy of the November 2015 account statement for Bank of America Account ending in #5641. [See Exhibit E to the Verified Complaint] On December 15, 2015, Defendants responded, this time stating that “account numbers have been redacted pursuant to NJ.S.A. 47:1A-1.1 as trade secrets and proprietary commercial or financial information obtained from any source.” [See Exhibit E to the Verified Complaint] Consequently, just as with the September and October 2015 bank account statements, Defendants redacted in their entirety the account numbers for all bank accounts that were used to transfer money into or that received outgoing transfers from account #5641 within the November 2015 statement. [See Exhibit F to the Verified Complaint]. Additionally, again, for each wire transfer in the statement, the ID number for the other account involved in the transfer was redacted in its entirety. Id. Plaintiff has requested bank statements from the Treasury before and has objected to the practice of redacting the entire account number. [See Exhibit G to Verified Complaint]. Defendants ignored those objections and continue to produce the records with the account numbers fully redacted. Plaintiff has filed a GRC complaint for the prior unlawful redaction, which is not yet adjudicated, but now seeks a Court order compelling Defendants to stop their practice and produce the records with at least the last 4 digits of the account number revealed. LEGAL ARGUMENT I. DEFENDANTS HAVE VIOLATED THE OPEN PUBLIC RECORDS ACT OPRA reflects New Jersey’s “history of commitment to public participation in government” and its “tradition favoring the public’s right to be informed about governmental actions.” South Jersey Pub. Co. Inc. v. N.J. Expressway Auth. 124 N.J. 478, 486-87 (1991).Honorable Mary C. Jacobson, A.J.S.C. . December 30,2015 PashmanStein Page -5- ‘The statute’s “purpose is ‘to maximize public knowledge about public affairs and to minimize the evils inherent in a secluded process.’” Mason v. City of Hoboken, 196 N.J. 51, 64 (2008) (quoting Lakewood Residents Assoc.. Inc. v. Twp. of Lakewood, 294 N.J. Super. 207, 225 (Law Div. 1994)). A citizen’s right to access public records has been deemed “unfettered” absent a statutory exemption. Courier News v. Hunterdon County Prosecutor's Office, 358 N.J. Super. 373, 382-83 (App. Div. 2003)(emphasis added). Accordingly, pursuant to OPRA, government records shall be readily accessible for inspection, copying, or examination by the citizens of this State, with certain exceptions, for the protection of the public interest, and any limitations on the right of access accorded by [OPRA] shall be construed in favor of the public’s right of access. N.LS.A. 47:1A-1 (emphasis added).] It is the public agency’s burden to prove that denial of access is authorized by law. 47:1A-6. Based on the reasons below, Defendants cannot meet this burden. A. The Requested Records are “Government Records” Subject to OPRA. Under OPRA, the first question to be addressed is whether the requested records are, in fact, government records. OPRA broadly defines the term to include: [Alny paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file in the course of his or its official business by any officer, commission, ageney or authority of the State or of any political subdivision thereof, including subordinate boards thereof, or that has been received in the course of his or its official business by any such officer, commission, agency, or authority of the State or of any political subdivision thereof, including subordinate boards thereof. The terms shall not include inter-agency or intra-agency advisory, consultative, or deliberative material. INJS.A. 47:1A-1.1.]Honorable Mary C. Jacobson, A.J.S.C. December 30, 2015 PashmanStein Page -6- This definition of “govemment records” undoubtedly applies to the records subject to the Plaintiff's OPRA requests, as they were all made, stored, and maintained during the Defendants? official course of business, ‘Therefore, unless one of OPRAYs enumerated exemptions applies, the records are “government records” that must be produced in un-redacted form. B, The Bank Account Numbers and Other Information Within the Records are not “Trade Secrets and Proprietary Commercial or Financial Information” Defendants claim that the account numbers and other information in records is subject to redaction because it constitutes “trade secrets and propriety commercial or financial . 47:1A-1.1.? Defendants’ claim that the account numbers, bank ID information.” N. number and other information constitute a “trade secret” is rather ludicrous. “Trade Secrets” has been defined by our courts as “any formula, pattern, device or compilation of information which is used in one's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it... or any information that can be used in the operation of a business or other enterprise and that is sufficiently valuable and secret to afford a potential economic advantage over others.” Comm, Workers of Am, v. McCormac, 417 N.J. Super. 412, 438 (Ch. Div. 2008) (citing Restatement of Torts § 757, comment b (1971). That leaves the Court to decide whether the bank account numbers and other redacted information constitute “proprietary commercial or financial information.” In Lamorte Burns & Co. v. Walters, 167 N.J. 285 (2001), the Supreme Court suggested a three-part test to determine whether certain information constitutes proprietary commercial or ? Defendants’ response to Plaintiff's November 8* Request only referenced N.J.S.A. 47:1A-1.1. It is only in their response to Plaintiff's December 6* Request that Defendants added the additional language thatthe denial was ‘based on trade secrets and proprietary commercial or financial information obtained from any source. Accordingly, Plaintiff i only left to assume Defendants’ specific basis for denying his November 8 Request. As explained below, this alone is a violation of OPRA as Defendants failed to clearly state a specific basis for denying Plaintiff's Request,Honorable Mary C. Jacobson, A.J.8.C. December 30,2015 PashmanStein Page -7- financial information: “(1) a party has expended its resources developing the information; (2) the information is not generally disclosed to the public; and (3) if the information is disclosed, it is disclosed for a limited purpose with a provision for confidentiality.” Comm. Workers of Am. v. McCormae, supra, 417 NJ. Super. at 430 (quoting Lamorte, supra, 167 N.J, at 299-301), Clearly, information within a bank account statement or on cashed checks does not meet this test; no resources were expended in developing the information, There is nothing “proprietary” about account numbers and every single person or entity that receives a check from the State automatically also receives all of the information that Defendants have redacted from the records before producing them to Plaintiff. Indeed, the Defendants left the full account number of the requested account (#5641) on the top of every page of the bank statement; it thus makes no sense that the same exact account number is somehow exempt when it appears on the cashed checks. Accordingly, the redactions that Defendants made to the bank statements and checks are unlawful and Defendants should be compelled to produce them to Plaintiff in un-redacted form. C. Defendants Violated OPRA by Redacting Entire Bank Account Numbers from Responsive Bank Records Even if this Court found that there was some other justification for redacting account numbers and other information from the bank statements and checks, which Defendants did not raise, at a bare minimum Defendants violated OPRA by redacting the full account number. In Cross v. Twp. of Wall, the Plaintiff submitted an OPRA request for check registers and bank statements from the Township's water and sewage department; the Township redacted various bank account numbers which appeared on responsive records. Cross v. Twp. of Wall, Docket No.: MON-L-1041-13, 2013 WL 3328685 at *1 (Law Div. June 21, 2013). While the court * Attached as Exhibit 1 to the Certification of CJ Griffin (“Griffin Cert.")Dee Oss PashmanStein Page -8- recognized that disclosure of complete bank account numbers may pose a risk to the Township's financial security, it nevertheless held that the Township could sufficiently reduce security risk as well as fulfill its obligations pursuant to OPRA by redacting part of the bank account numbers. Id, at *4. Ultimately the court held that the Township should leave the final four digits of each bank account unredacted on bank statements. Id.; see also R. 1:38-7(b) (permitting the last 4 digits of an active financial account number to be revealed in court pleadings). Here, Defendants redacted entire bank account numbers as they apparently allege that the bank account numbers are “trade secrets” or “proprietary commercial or financial information” that is exempt pursuant to N.J.S.A. 47:1A-1.1." As the Cross court stated, “[iJn order to establish that the records are proprietary, the [defendant] has the burden of proving that a bank account number is a complex product of considerable experience, time and/or money. Id. at *3 (citing ‘Newark Moming Ledger Co. v. New Jersey Sports & Exposition Auth., 423 N.J. Super, 140, 169 (App. Div. 2011)). Defendants have not met this burden. Accordingly, the decision in Cross is directly on point with this issue - Defendants must provide at least the final four digits of each bank account in order to comply with OPRA. Indeed, Plaintiff has asked Defendants to provide at least that much information in the past, yet they continue to redact full account numbers, See Exhibit Accordingly, Defendants have violated OPRA by redacting entire bank account numbers from the records provided to Plaintiff in response to his OPRA requests and should, at a minimum, be compelled to produce the records with at least the last 4-digits left unredacted. ‘Defendants’ response to Plaintiff's November 8* Request only referenced NJ.S.A. 47:1A-1.1. It is only in their response to PlaintifP's December 6" Request that Defendants added the additional language that the denial was bbased on trade secrets and proprietary commercial or financial information obtained from any source. Accordingly, Plaintiff is only left to assume Defendants’ specific basis for denying his November 8® Request. As explained below, this alone isa violation of OPRA as Defendants failed to clearly state a specific basis for denying Plaintiff's Request.Honorable Mary C. Jacobson, A.J.S.C. : December 30, 2015 PashmanStein Page -9- D, Plaintiff is a Prevailing Party Entitled to Attorney’s Fees. Plaintiff is statutorily entitled to reasonable attorneys’ fees and costs. Pursuant to OPRA, ‘A person who is denied access to a government record by the custodian of the record, at the option of the requestor, may institute a proceeding to challenge the custodian's decision by filing an action in Superior Court... . The public agency shall have the burden of proving that the denial of access is authorized by law. If it is determined that access has been improperly denied, the court or agency head shall order that access be allowed. A requestor who prevails in any proceeding shall be entitled to a reasonable attorney's fee. [NS.A. 47:1A-6 (emphasis added).} New Jersey law has long recognized the “catalyst theory” in regards to an award of attomey’s fees. Mason v. City of Hoboken, 196 N.J. 51, 73 (2008). A plaintiff is entitled to attorney's fees if they can demonstrate “1) a factual causal nexus between plaintif’s litigation and the relief ultimately achieved; and 2) thatthe relief ultimately secured by plaintiffs had a basis in aw.” Id. at 76. See also Smith v. Hudson Cnty, Register, 422 N.J. Super. 387, 394 (App. Div. 2011)(“A plaintiff may qualify as a prevailing party, and thereby be entitled to a fee award, by taking legal action that provides a ‘catalyst’ to induce a defendant's compliance with the law.”). Here, Plaintiff made valid OPRA requests for goverment records which have been unlawfully denied, This litigation, if successful, will serve as the catalyst for Plaintiff obtaining un-redacted records, or, properly redacted requested records. ‘Therefore, Plaintiff is entitled to an award of attomey’s fees and costs of suit. I. _ PLAINTIFF HAS A RIGHT TO ACCESS THE REQUESTED RECORDS UNDER COMMON LAW At common law, a citizen has an enforceable right to require custodians of public records to make records available for reasonable inspection and examination. Irval Realty v. Bd. of Pub.Honorable Mary C. Jacobson, A.J.8.C. December 30, 2015 PashmanStein Page -10- Util Comm'rs, 61 N.J. 366, 372 (1972). Even where a plaintiff is denied access under OPRA, the documents may be available through the right to access under the common law. MAG Entertainment LLC v. Division of Aleoholic Beverage Control, 375 N.J. Super. 534, 543 (App. Div. 2005). ‘The common law right to access a public record is determined by balancing the requestor’s need for the record against the government's need for secrecy. Shuttleworth v. City. of Camden, 258 N.J. Super. 573, 583 (App. Div. 1992). A requestor need not establish a personal interest as a public interest is sufficient, Id. Here, Plaintiff's interest in the records far outweighs any governmental need for secrecy. Plaintiff, as well as the general public, has a legitimate interest in ascertaining information in regard to the spending of government agencies. Access to the last four digits of the bank account numbers will allow Plaintiff to see what accounts money is being transferred to and from, and if necessary, he can then request records for those bank accounts to verify that all of the accounts being utilized are in fact government accounts and not any individual’s personal account. To the contrary, Defendants have asserted no legitimate reason as to why these records should be kept out of the public eye. Accordingly, Plaintiff should be granted access to the requested records under the Common Law. CONCLUSION For the foregoing reasons, Plaintiff respectfully asks this Court to enforce statutory rights under OPRA by 1) declaring the Defendants are in violation of OPRA by unlawfully redacting Bank Records responsive to Plaintiff's OPRA requests; and 2) directing Defendants to re- produce Bank Records to Plaintiff forthwith without redactions or, with the last four digits of account numbers un-redacted. Alternatively, Plaintiff seeks access to the requested recordsHonorable Mary C. Jacobson, A.1S.C. . December 30, 2015 PashmanStein Page -11- pursuant to common law. Finally, Plaintiff asks this Court to enter an Order granting Plaintiff reasonable attorney's fees and costs of suit. Respectfully Submitted, CJ Griffin, Esq.PASHMAN STEIN A Professional Corporation Court Plaza South 21 Main Street, Suite 200 Hackensack, NJ 07601 (201) 488-8200 CI GRIFFIN (1#031422009) Attorneys for Plaintiff, Harry Sehecler HARRY SCHEELER, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MERCER COUNTY Plaintiff, DOCKET NO.: vy. NEW JERSEY DEPARTMENT OF THE Civil Action ‘TREASURY and, CYNTHIA JABLONSKI in her: capacity as Records Custodian for the New Jersey : VERIFIED COMPLAINT Department of the Treasury, Defendants. Plaintiff, Harry Scheeler, through his undersigned counsel, Pashman Stein, A Professional Corporation, complains against the Defendants as follows: 1, This is an action alleging violation of the New Jersey Open Public Records Act, N.JLS.A. 47:14-1 to -13, (“OPRA”) and the common law right of access to public records. PARTIES 2. Plaintiff Harry Scheeler is an open government activist and former resident of Woodbine, New Jersey. 3. Defendant New Jersey Department of the Treasury (“Treasury”) is a “public agency” as that term is defined by OPRA, N.LS.A. 47:1A-L.1. Treasury's primary place of business is located at 50 Barrack Street, Trenton, New Jersey 08695.4, Cynthia Jablonski (“Jablonski”) is the Records Custodian for Defendant Treasury. Jablonski maintains an address at 50 Barrack Street, Trenton, New Jersey 08695. VENUE 5. Venue is properly laid in Mercer County because Defendant Treasury is located in Mercer County and because the cause of action arose in Mercer County. R. 4:3-2(a).. FACTUAL ALLEGATIONS 6. Plaintiff operates several websites to help spread information to the public about government waste and corruption, as well as the settlement of lawsuits against the government. 7. Plaintiff is particularly concerned with ensuring that goverment funds are properly managed. Accordingly, he routinely requests bank statements to track large expenditures of funds, to ensure that checks written to individuals are legitimate expenditures, and that to ensure that funds transferred out of a government-owned bank account are going only to other government-owned bank accounts. 8. On November 8, 2015, Plaintiff, pursuant to the New Jersey Open Public Records ‘Act, NJLS.A. 47:1A-1, ef seg., and the common law right of access, sent a request to Treasury for certain information regarding a specific Bank of America account with the last four digits of 5641. The request sought the monthly statement for the account, as well as copies of the following canceled and returned checks: Check #12078183 for $138,264.09 Check #12082353 for $37,511.84 Check #2274405 for $4,850.88 Check #1211345 for $151,518.84 Check #12160150 for $124,633.00 Check #12205882 for $10,217.00 Check #12207527 for $139,611.00 ' Plaintiff provided the full bank account number, but to comply with R. 1:38-7 only the last four digits are stated in the pleadings. Plaintiff has also made “white-out” redactions to the bank account number from all records attached to this Verified Complaint. All “black out” redactions were made by Defendants. 2© Check #12208415 for $325.00 [Attached hereto as Exhibit A is a true and accurate copy of Ms. Jablonski’s November 18, 2015 letter responding to Plaintiff's November 8" OPRA request, which includes Plaintiff's request.] 9. On November 18, 2015, Plaintiff received an email from Treasury that attached Ms, Jablonski’s response to Plaintiff's OPRA request. Ms. Jablonski’s letter advised that as to the documents being provided, “account numbers have been redacted pursuant to N. 4T:A-1.1.” See Exhibit A. 10, The checks that were produced had the following information redacted: the account number, the bank ID number, the sequence number and the payee’s address. Of course, Plaintiff already knows the bank account number because he stated it in his request, thus Plaintiff fails to see how there can be any lawful justification for redacting it. [Attached hereto as Exhibit Bis a true and accurate copy of checks produced by the Treasury]. 11, The September 2015 account statement shows approximately 23 deposits and credits with partial redactions and 130 withdrawals and debits with partial redactions. For each transfer into or out of account #5641, Defendants have redacted the full account number of the account which is receiving the transferred funds or from which the transferred funds come. Additionally for each wire transfer in the statement, the ID number for the other account involved in the transfer is redacted. [Attached hereto as Exhibit C are true and accurate copies of the redacted portions of the September account statement produced by Treasury] 12, The October 2015 account statement is similarly redacted, [Attached hereto as Exhibit D are true and accurate copies of the redacted portions of the October account statement produced by Treasury].13. On December 6, 2015, Plaintiff anonymously made a second OPRA request to Defendants seeking a copy of the November 2015 account statement for Bank of America Account ending in #5641. [Attached hereto as Exhibit E is a true and accurate copy of Ms. Jablonski’s December 15, 2015 letter responding to Plaintiff's December 6" OPRA request, which contains Plaintiff's request). 14, On December 15, 2015, Plaintiff received an email from Treasury that attached Ms. Jablonski’s response to Plaintiff's OPRA request. Ms. Jablonski’s letter advised that as to the documents being provided, “account numbers have been redacted pursuant to N. 47:1A-1.1 as trade secrets and proprietary commercial or financial information obtained from any source.” See Exhibit E, 15. The November 2015 account statement contained redactions similar to the September and October 2015 account statements. [Attached hereto as Exhibit F are true and accurate copies of the redacted portions of the November account statement produced by Treasury]. 16. The redaction of the full bank account numbers from the monthly account statements was not proper pursuant to OPRA, as it deprives Plaintiff of the ability to ensure that money is being transferred only to other government-owned bank accounts. For example, if Defendants instead left the last 4-digits of each account in view, Plaintiff could then request the corresponding bank statement for those accounts and ensure that they are indeed accounts owned by the State of New Jersey. With the account numbers fully redacted, there is no way for anyone to prove that the money is not otherwise being transferred to personal accounts or accounts belonging to someone other than the government.17. Plaintiff has previously objected to Defendants redacting the full account numbers from bank statements and asked that they provide at least the last 4 digits of the account, but Defendants ignored his objections. [Attached hereto as Exhibit G is a true and accurate copy of an October 30, 2015 correspondence where Plaintiff objected to the redaction of bank statements.] Plaintiff has filed a complaint with the GRC for those prior violations (which has not yet been adjudicated), but continues to request bank statements each month and Defendants continue to unlawfully redact them, 18. As of the date of this filing, Defendants have not produced non-redacted or properly redacted records which are responsive to Plaintiff's OPRA request. FIRST COUNT (Violation of OPRA) 19, Plaintiff repeats and incorporates by reference the allegations set forth in the preceding paragraphs as though fully set forth at length herein, 20. Pursuant to N.LS.A. 47:1A-1, all government records must be “readily accessible” to the citizens of this State unless specifically exempted by law. 21. A government agency may only redact information which is exempt from access pursuant to OPRA or another law of this State. N. 1A-5(g). 22, Plaintiff submitted a valid request for government records pursuant to OPRA, A.AT:IA-I et seq. 23. ‘The requested records are government records because they were “made, maintained or kept on file,” or “received in the course of ... [Treasury's] official business.” NUS.A.47:1A-L.1 24. The information that was redacted from government records is not exempt or in any way confidential.25. Accordingly, Defendants violated OPRA by unlawfully redacting non-exempt information government records in violation of NLS.A. 47:1A-5(g). WHEREFORE, Plaintiff demands judgment against Defendants: (@) Declaring said actions of Defendants to be in violation of OPRA, NJS.A. 47:1A- Let seg.; (b) Directing Defendants to release the requested properly redacted records to Plaintiff forthwith; (©) Directing Defendants to preserve the requested records pending the resolution of these proceedings or as otherwise required by law; (@) Awarding counsel fees and costs pursuant to N.J.S.A. 47:1A-6; and (©) Forsuch other relief as the Court may deem just and equitable. SECOND COUNT (Common Law Right of Access) 26. Plaintiff repeats and incorporates by reference the allegations set forth in the preceding paragraphs as though fully set forth at length herein. 27. The public’s need for access to these records is greater than Defendants’ need for secrecy. 28. Defendants’ failure to disclose the requested records violated Plaintiff's common law right of access to public records. WHEREFORE, Plaintiff demands judgment against Defendants (@ Declaring said actions of Defendants to be unlawful and invalid; (&) Directing Defendants to release the requested properly redacted records to Plaintiff forthwith; (©) Awarding counsel fees and costs; 6(@) Granting such other relief as the Court may deem just and equitable. PASHMAN STEIN ‘A Professional Corporation, Attomeys for Plaintiff, Harry Sheeler Dated: December 30, 2015 By: CI GRIFFIN, ESQ. CERTIFICATION PURSUANT TO R. 4:5-1 Plaintiff, by his attorney, hereby certify that the matter in controversy is not the subject of any other action pending in any Court and is likewise not the subject of any pending arbitration proceeding. Plaintiff further certifies that he has no knowledge of any contemplated action or arbitration regarding the subject matter of this action and that Plaintiff is not aware of any other parties who should be joined in this action. PASHMAN STEIN A Professional Corporation, Attorneys for Plaintiff, Harry Scheeler Dated: December 30, 2015 By: Y Sa CJ GRIFFIN, ESQ.CERTIFICATION OF FAX/ELECTRONIC SIGNATURE CJ Griffin, Esq., of full age, certifies and says as follows: 1. Tam an attomey at law with the law firm of Pashman Stein, P.C. I make this certification of the genuineness of the electronic signature of Harry Scheeler. 2. Thereby certify that Mr. Scheeler acknowledged to me the genuineness of his signatures on the foregoing Certification, I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, 1 am subject to punishment, PASHMAN STEIN ‘A Professional Corporation, ‘Attomeys for Plaintiff, Harry Scheeler Dated: December 30, 2015 By: Vi NEE CJGRI StVERIFICATION Harry Scheeler, of full age, deposes and says: 1. Tam Plaintiff in the foregoing Verified Complain, 2. The allegations of the Verified Complaint contained in Paragraphs 2-4 and 7-18 are true, The said Verified Complaint is made in truth and good faith and without collusion, for the causes set forth herein, 3. All documents attached to the Verified Complaint and Brief are true copies and have not been redacted, changed, modified, adjusted or otherwise altered in any manner by me or my agents unless so stated. 1 certify that the foregoing statements made by me are true, I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Dated: December 29, 2015 SAS HARRY SCHEELEREXHIBIT ASTATE OF NEW JERSEY DEPARTMENT OF THE TREASURY GOVERNMENT RECORDS ACCESS UNIT PO Box 215 Trenton, NJ 08625 November 18, 2015 Harry Scheeler 1508 Horizon Ct. NW Concord, NC 28027-2802 ‘harryrescue911@gmail.com Reference: W102883 Date Received: November 8, 2015 Dear Mr. Scheeler: The Department of the Treasury, Office of Management and Budget (OMB), has completed your Open Public Records Act (OPRA) Request W102883. You requested the following: “Regarding Bank of America Account # + 5641 please provide a copy of the following canceled and returned checks. Check #12078183 for -138,264.09 Check #12160150 for 124,633.00 Check #12082353 for -37,511.84 Check #1205882 for 10,217.00 Check #2274405 for -4,850.88 Check #12207527 for 139,611.00 Check #1211345 for -151,518.84 Check # 12208415 for -325.00 Please also provide the monthly statements for Bank of America Account # 0033 5987 5641 for the months of September and October of 2015. ALL redactions must be legal or I will ‘file additional OPRA violations or file for a court order. Any invalid extensions will result in ‘OPRA violations being filed. Please email all records in pdf format.” On behalf of the Custodian of Records for the OMB, I am providing the Adobe files attached to this email; they contain copies of the requested checks along with the September and October 2015 monthly bank statements. Please be advised account numbers have been redacted pursuant toNJS.A. 47:1A-L. As this response completes your request for records, OPRA Request W102883 has been closed. Should you have any questions, please contact the Treasury Government Records Access Unit at (609) 633-1300 or by email at AccessUnit TreasuryGovernmentRecords@treas.nj.gov. Sincerely, Cynthia Jablonski ‘Manager, Government Records Access UnitEXHIBIT BCheck Inquiry Summary Bankof America Account Nunber: Merrill Lynch ‘Account Name: State of New Jersey Primary A Check Account oo @., nda Din eat "a ick Si Tn 1100 Date/Time: 8/14/2015 1:30 PM Valey Natona! Berk Branch: 171 Toler: 2486 | " Check amber 12078189 “Amount: 138,264.09 | Account Number: Posted Date: 08/172015 ‘Account Name: State of New | Jerey Prevay A ‘hock Accrunt Sek BOFD - Bank Of First Deposit ‘Bank Name: VALLEY NATIONAL BANK (BOFD) Bank Name: FEDERAL RES BANK OF ‘ATLANTA Date: 08/17/2015, RMT: 61000146Check Inquiry Summary Account Number: ‘Account Name: State of New Jersey Primary A Check Account eK BOFD - Bank Of First Deposit, Date: 08/17/2015 1300018 Sequence Number Bankof America > Merrill LynchCheck Inquiry Summary Bankof America > Account Number: Merrill Lynch Account Name: Stat of New Jersey Primary A Check Account eonk 0: eee a oR, "UP a ootabei3s3 1. “eens aa | ‘Thinty Seven Thousand Five Hundred Eleven and 14/100 Dottars i Sesasasnnnny si1.06 | { Se ame Bsa = ' Check Number: 12082369 ‘Amount 57.511.04 | Account Number aa Posted Date: 08/21/2015 | Account Name; State of New Paid Date: 08/21/2015 | dereey Pinay A | Theck acer 2k Electrons Endorsement nfrnaon BOFD - Bank Of Frat Depout Bank Name: TD BANK. NATIONAL Date: o8212018 ‘ASSOCIATION (BOFD) : Date: 08/20/2015 re RIT:31201360 ‘Sequence Number:amount: $4,850.08 Sequence Munber: I account: capture Date: 00/20/2038 bak mbes: chock mbers 2274405 : ee ~~ Se “i a‘* 0012274405 ae eee scram sans | Pa Sinema 'Y Fout Thousand Elght Handed Fitzy and 44/100 Dottars pa a iB J Sra i Sage “eS ms O7see PektAmaioe S| Sections $rrteeennng, 850.88 ae ~ use s0cto pie 1y on aed se oat) IAS SAN nom ee meme ae ¥ PMC BANK, NATIONAL A omens mm mf ters mmo o/s MM testers ons a PyCheck Inquiry Summary Account Number: a ‘Account Name: State of New Jersey Primary A Check Account Bank 10: @. | Account Number: decount Mane! Steet | Sorey ary A | (Check Account | Sank: BOFD - Bank Of Firat Depot ‘Bank Name: HIGHLANDS STATE BANK (BOFD) Date: 842016 rer21214086 Sequence Nobo ERRERTERL, “HP A oofiiises ‘sean ar ae ee handed Fé in akin tad, faded Fidty One Thouond Five Hdd Eighenn tnd 14/100 ‘Amount: 151,518.64 Posted Date: 08/17/2015 Bankof America Merrill Lynch Bank Name: FEDERAL RES BANK OF ‘ATLANTA Date: 08/17/2015 RIT: 61000148 Sequence Number:Check Inquiry Summary ‘Account Number: ‘Account Name:_ State of New Jereey Primary A Check Account Berk 0: BOFD - Bank Of First Deposit Date: 08/17/2015 1300018 Sequence Nunber a Bankof America Merrill LynchCheck Inquiry Summary Bankof America > Account Number: Merrill Lynch ‘Account Name: State of New Jersey Primary A Check Account A ovizisoiso ©, ne Mandnad Toonty Foun Thaand Séx Mundsed ThExty Theos end 00/100 me pos BET mim OO RES | roo. 2ssoaso# Amount: 124,633.00 Posted Date: 08/21/2015 id Date: 08/21/2015 ‘Electronic Endorsement information BOFD - Bank Of First Deposit ‘Bank Name: FULTON BANK, NA (BOFD) Date: 0872172018 eT 11300016 RMT: 31901422 ‘Sequence Number:Check Inquiry Summary Bankof America conn: aT Merrill Lynch ‘Account Name: State of New Jersey Primary A Check Account eank 0: a @ ERGEPBAL, UP oof ieSiex PAY Tex Thouand To ned Sventen ent 0/100 Dols ‘Amount: 10,217.00 | Account Number: a Posted Date: 08/20/2015 ‘Account Name: Slate of New Pald Date: 08/20/2015, sersey Primary A { ‘Check Account Bank Oa Etectronie Endorsement Information BOFD - Bank Of Fret Deposit Bank Name: TD BANK, NATIONAL ‘ASSOCIATION (BOFD) faeces, Date: 08/19/2015 rT: 11900016 ‘RvT:31201860 Soquonce Number: I Sequence Number:Check Inquiry Summary Bankof America ‘Account Number: Merrill Lynch ‘Account Name: State of New Jersey Primary A Check Account aK: @ SERESE RL, eR A 0018727 (Check Number: 12207527 | Account Number; | Aecount Name: State of New Electronic Endorsement Information BOFO - Bank Of First Deposit ‘Bank Name: WELLS FARGO BANK. NA (@0FD) Data: o8/112016 Date: oetor2016 RAT: 11900016 RIT: 91000019 Sequence Number:Check Inquiry Summary Account Nurber: ‘Account Name: State of New Jersey Primary A Check Account eank 0: Fiore nocumenr ALoha Tis PeReonaON —— y “Gounh state PA Tas Md ty le at 8 Btn Check Details | Check Number: 12208415 ‘Amount: 325,00 | Account Number: Posted Date: 08/25/2015 | Account Name: State of Now Paid Date: 06/25/2015 Jersey Primary A | ‘Check Account ] Bankof America 2 Merrill LynchCheck Inquiry Summary Account Nude, ‘Account Name: State of New Jersey Primary A Check Account eonkO: ‘Electronic Endorsement Information BOFD - Bank Of First Deposit ‘Bank Name: BANK OF AMERICA, NA (BOFD) Date: 08/24/2015 RIT: 11000138 Soquence Number: Bankof America Merrill LynchEXHIBIT CBankof America > PO, Bon 8284 ‘Wing, De 9880 STATE OF NEW JERSEY PRIMARY (A) CHECK ACCOUNT OFFICE OF MGMT & BUDGET PO BOX 224 33 WEST STATE STREET, 6TH FL TRENTON, N) 08608 Your Full Analysis Business Checking for September 1, 2015 to September 30, 2015 Customer service information "® Customer service: 1.888.400.9009 ‘4! bankofamerica.com (8 Bank of America, NA P.O, Box 4899 Atlanta, GA 30302-4899 ‘Account number: 5641 STATE OF NEW JERSEY PRIMARY (A) CHECK ACCOUNT OFFICE OF MGMT & BUDGET PO BOX 224 Account summary Beginning balance on September 1, 2015 $000 Deposits and other credits 423,601,955.45 Withdrawals and other debits -226333.921.13 Checks 197,268,03432 Service fees 000 Ending balance on September 30, 2015 $0.00 PALE GRE BRET DENEREP TE WCE Geo 4 of deposits/redits: 32 4 of withdrawals/debits: 29.010 1 of days in cyde: 30 ‘Average ledgerbatance: $0.00 Page i of 384STATE OF NEWJERSEY | Account # 1 5641_ | September 1, 2015 to September 30, 2015 IMPORTANT INFORMATION: BANK DEPOSIT ACCOUNTS Updating your contact information= We encourage you to keep your contact Information up-to-date. This includes address, email ‘and phone number. If your information has changed, the easiest way to update It Is by visiting the Help & Support tab of Online ‘Banking. Or, you can call our Customer Service team, Deposit agreement - When you opened your account, you recelved a deposit agreement and fee schedule and agreed that your account would be governed by the terms of these documents, as we may amend them from time to time. These documents are part of the contract for your deposit account and gover all transactions relating to your account, including all deposits and withdrawals. Coples of both the deposit agreement and fee schedule which contain the current version of the terms and conditions of your account relationship may be obtained at our banking centers Electronic transfers: In case of errors or questions about your electronic transfers- If you think your statement or receipt Is. ‘wrong oF you need more information about an electronic transfer (e.g, ATM transactions, direct deposits or withdrawals, point-of-sale transactions) on the statement or receipt, telephone or write us at the address and number listed on the front of this statement as soon as you can, We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared. Tellus your name and account number. ~ Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe there Is an error or why you need more information. = Tellus the dollar amount of the suspected error. For consumer accounts used primarily for personal, family or household purposes, we will investigate your complain and will correct any error promptly. If we take more than 10 business days (10 calendar days if you are a Massachusetts customer) (20 business days if you are a new customer, for electronic transfers occurring during the first 30 days after the first deposit is ‘made to your account) to do this, we will credit your account for the amount you think is in error, so that you will have use of the money during the time it will take to complete our investigation, For other accounts, we investigate, and if we find we have made an error, we credit your account at the conclusion of our Investigation. Reporting other problems - You must examine your statement carefully and promptly. You are in the best position to discover errors and unauthorized transactions on your account. If you fall to notify us In writing of suspected problems or an Unauthorized transaction within the time period specified in the deposit agreement (which periods are no more than 60 days after we make the statement available to you and in some cases are 30 days or less), we are not liable to you for, and you agree to not make a claim against us for the problems or unauthorized transactions. Direct deposits - If you have arranged to have direct deposits made to your account at least once every 60 days from the same Person or company, you may call us at the telephone number listed on the front of this statement to find out if the deposit was ‘made as scheduled. You may also review your activity online or visit a banking center for information, (© 2015 Bank of America Corporation Bank of Amerce, WA. Member FDIC and [an Equa Howelng Lender Page 2 of 384Bankof America > Merrill Lynch STATE OF NEW JERSEY | Account # Dapasits and other credits Your checking account ‘5641_|_ September 1,2015 to September 30, 2015 Transaction description Customer reference Bank reference Amount 02/01/15 2A TRANSFER FROM gm (081309012000000 V7761421.14 03/01/15 VERIZON DESVERZON Re '902344003724296 13964 a co — 09/02/15 ZBA TRANSFER FROW gm (081308022000000 109080,14453 09/03/15 ZBA TRANSFER FROM gg (081309032000000 8627,65881 09/04/15 ZBA TRANSFER FROM gues 081309042000000 17,166944.16 (09/04/15 WIRE TYPEAVIRE IN DATE: 150304 TIME:1434 ET 903709040057685 10.703:12 ‘TRN2015080400257885 EQ2015080400174132/003157 ORIGDUE TO THER - WIRES Pygmy SND BKTD BANK, oer Der OSSRTN REF 15949463851B1095 DTD 4 SEPTBY TD BANK NA UTA (09/08/15 __ZBA TRANSFER FROM 981308082000000 6733165941 (09/09/15 __2BA TRANSFER FROV pus 81309052000000 1007491880 (09/09/15 ARP CHECK ADJUSTMENT ENCODING ERROR - 0012280078 ‘900909090001465; (CREDIT CHECK # 0012280078 PAID DATE 5704s 09/7075 ZBA TRANSFER FROM pp (981309102000000 873295138 (9710715 ARP CHECK ADJUSTMENT ENCODING ERROR- 0012258452 '900809100001361 001 CREDIT CHECK # 0012258452 PAID DATE oars 03711715 _ZBA TRANSFER FROM pms 1981309112000000 91690265.60 09/1415 ZBA TRANSFER FROM gm (081309142000000 38,096,597.25 09/15/15 ZBA TRANSFER FROM gg (981309152000000 15354956509 09/165 ZBA TRANSFER FROM ps 81309162000000, los922.71 03717715 _ZBATTRANSFER FROM pms (8130917200000, 1257795228 den een Page 3 of 384STATE OF NEWJERSEY | Account # Dapoalts and other credits - continued 1 5641_|_ September 1, 2015 to September 30, 2015 Teast ection Customer referee __ Sark rfeece se 5/1775 ARP RETURNED CHECK REFER TO MAKER CHECK 0011220084 900909170001212 1606 # 0011220044 PAD DATE S/S, (Coe TBA TRANSFER FROM 051302162000000 870655146 C2115 ZBATRANSFER FROM 081308272000000 73At4s6182 (0227S ZBATRANSFER FROM 081303222000000 BSs72B618S 022375 _ZBA TRANSFER FROM 081308232000000 73896758 O2?247'5 BA TRANSFER FROM 081308242000000 eanmn 02724713 ARP RETURNED CHECK REFER TO MAKER CHECK oTT460724 —_ so0805240001108 26022 # 0011460724 PAD DATE 09/2275, O3/24715 ARP RETURNED CHECK REFER TO MAKER CHECK 0TT4i9734 —_ S00805240001102 2g # 0011419734 PAD DATE 03/2275, GS/247'5 ARP RETURNED CHECK REFER TO MAKER CHECK 0017381765 so0805240001101 17040 # 0011381785 PAD DATE 09722715 OB/24715 ARP RETURNED CHECK REFER TO MAKER CHECK 0017503772 sou805240001104 6a # 0011503772 PAID DATE 09/2/15 8724715 ARP RETURNED CHECK REFER TO MAKER CHECK OOTTSI0517 __S00805240001105 sa # 0011510917 Pal DATE 0927's C7247 ARP RETURNED CHECK REFER TO MAKER CHECK oDTi60N14 _ soos05240001106 3838 # 0011630114 PAID DATE 0972715 2275/3 _ZBATRANSFER FRO gu 081309252000000 1372838075 C2675 ZBA TRANSFER FROV 081308282000000 2625001815 02975 ZBA TRANSFER FRO mms 1081308292000000 13.49;12923 03730715 284 TRANSFER FROM 081209302000000 2414751050 ‘Total deposits and other credits $423,601,955.45, Withdrawals and other debits Transaction destin Coster reference __ snk rfeeee ee 5/01795 -487055645100290 RK AD posting eor on 99600901 0000003 amor, osrzer01 5 COTS ZBATRANSFERTO ums 08130901 2000000 3964 (9701'S WIRE TYPEWIRE OUT DATE:50901 TMEGDIS ET 905709010192475 “208313665 TRN:2015090100192475 SERVICE REFO04270 BNF.DEST SERV, JERSEY CY BD t {ENF BKMANUFACTURERS PMT DerassTes55 {FN CORP TRUST OPS OB/O17IS WIRE TYPEWaRE OUT DATE:150901 IMEGDIS ET 503700010193662 -5259,72500 ‘Taw20150901001S3682 SERVICE REF004420 BNFDEBT SERV, NEWARK BD OF ED Dy BNF BK D BANK NAIC — DET:IS91SOTSOMRSOVE: oa Page 4 of 384Bankot A oe Your checking account Merrill Lynch STATE OF NEWJERSEY | Account # 5641_|_ September 1, 2015 to September 30, 2015 Withdrawals and other debits - continued Date “Transaction desertion Customer reference Bank reference mount (08/01/15 WIRE TYPEWIRE OUT DATE.150901 TIME.0918 ET 1903709010194365, “7625625 ‘TRN2015090100194365 SERVICE REF-004342 BNFDEBT SERV, JERSEY CITY BD 10 BNF BKMANUFACTURERS Pur DET:15919054 RECHDRORTTNE CORP TRUST OPS (09/01/15 WIRE TYPEMWIRE OUT DATE:150901 TIME.1128 ET '903709010246664 45,091.70 ‘TRN201 5090100246664 SERVICE REF:007001 BNF.ACS STATE AND LOCAL SOLUTI i BNF BKWELLS FARGO BANK, NA (10 gms PMT DET-159181 8321 151051 (09/0175 WIRE TYPE:WRE OUT DATE: 150901 TIME:1126 ET 903706010246663 “a7 A182 TEN2015090100246663 SERVICE REF.007124 BNFACS STATE AND LOCAL SOLUT! © NF BK:WELLS FARGO BANK. NA 1D mummier DETSSTB19237EBN17ACS ORE ese 08/01/15 WRE TYPEBOOK OUT DATE:1S0501 TIME.1358 903708010308719 “a7nA87 78 ET TRN2015090100303719 RELATED REF:1591D435507C0991 BNF:STATE OF NEW JERSEY C (08/02/15 WIRE TYPE-BOOK OUT DATE:150902 TIME:1117 sos709eze211418 “38176488 ET-TRN2015090200211418 RELATED REF:1582M4720NBBOLE3 BNF-STATE OF NEW JERSEY (Ca (09/02/15 WIRE TYPE:WIRE OUT DATE:150802 TIME:1214 ET 903709020223080 378295 “TRN:2015090200223000 SERVICE REF-005462 BNFSTATE OF NJ DIV MED ASST H DETREI aercinesrc: sr i Fi IFCIRESFFC: ST ‘OFN) DIV OF MEDASST AND HEALTH SRV (09/02/15 WIRE TYPE:WIRE OUT DATE:150802 TIME:1308 ET 1903709020252038 234480430 “TRN2015090200252038 SERVICE REF!007380 BNFACS STATE AND LOCAL SOLUTI ir BNF BK:VELLS FARGO BANK, NA. (T DET-1592B12420291129 09/03/15 1-4282282315 : cashier's check '924609030001242 1.64057 (09/03/15 WIRE TYPE:BOOK OUT DATE:150903 TIME:1141 ‘903709030210259 -828,68327 ET TRN:2015090300210259 RELATED ‘REF:1593A04028VB0941 BNF-STATE OF NEW JERSEY (0 (09/03/15 WIRE TYPE:WIRE OUT DATE:150503 TIME:1141 ET '903705030210263 “2207140 ‘TRN20150!90300210263 SERVICE REF:006024 BNFACS STATE AND LOCAL SOLUT : ere ‘ : WORE Sc contends ne pe Page 5 of 384STATE OF NEW JERSEY | Account # Withdrawals and other debits - continued Date “ransacondesergtlon Customer reference 641_|_ September 1,2015 to September 30, 2015, Bank reference 9/035, \WIRE TYPE:WIRE OUT DATE:150903 TIME:1142 ET "TRN2015090300210264 SERVICE REF-006112 BNFACS STATE AND LOCAL SOLUTI {Oma NF BELLS FARGO BANK. WA cr (T DET-1593A4255LGAOT26 ‘903709030210264 -1,868,992.69 09704715, 09704715, ZBATRANSFER TO WIRE TYPE:WIRE OUT DATE:150604 TIME:1001 ET TRN2015090400174132 SERVICE REFOO4A21 BNFDEBT SERV, CAMOEN CTY 0 gm BNF BKTD BAN K, NAD ET.159494630516 SRERMEN CTY CURRENT fo (0813090420000 '903709040174132 “10,708.12 "10,7082 09/04/15 WIRE TYPE:WIRE OUT DATE:150904 TIME:1134 ET “TRN2015090400210154 SERVICE REF.006223 BNFACS STATE AND LOCAL SOLUTI i BNF BK:WELLS FARGO BANK, NAA ID pi DET:1554812086€00K73 ‘903709040210154 -1,580271.88 9704s 09/085 ‘WIRE TYPE:BOOK OUT DATE:150504 TIME:1134 ET TRN2015090400210155 RELATED REF:159480549GM91L10 BNF:STATE OF NEW JERSEY (0 \WIRE TYPE:WIRE OUT DATE150908 TIME:1101 ET ‘TRN2015090800365319 SERVICE REF:S0B876 BNFEDA ERF DEBT SERV CONTRACT 0 BNF BX:THE BANK OF NEW YORK Pi s._$—Barr DE FC TAS AC 103837 '903709040210185 '903709080365319 -1438,508 99 -12,802,188.75 09/085 TORE TERE OUT OAEISoNE TE GR ET Le eae Teele ener SN SS peered =1,000,000.00 09/085, re Cen eee ae Se ty Sete Mee ore ee '903709080364859 -269,71375 9/085 os/oans \WIRE TVPE:8OOK OUT DATE:150908 TIME111 ET-TRN:2015090800369496 RELATED REF:15965043916AORO2 BNF:STATE OF NEW JERSEY |g WIRE TYPESMIRE OUT DATE:150908 TIME:1117 ET ‘TRN201509080037 1885 SERVICE REF007896 [BNFACS STATE AND LOCAL SOLUT| "Dm NF SELLS FARGO BANK NA 0 FT DET:159880812LFAOX17DCF / Oc MPROTO EMT FOR FO :903709080369496 '903709080371885 1,803,137 58 -19,268.44623 Contd on ere page Page 6 of 384Bankof America > Merril Lynels ‘STATE OF NEW JERSEY | Account Withdrawals and other debits - continued “Transaction desertion Customer reference Your checking account '5641_| September 1, 2015 to September 30,2015 Bank reference 9708s ‘WIRE TYPEAWIRE OUT DATE:150908 TIME.1136 ET “TRN201 5090800378283 SERVICE REF-008383 BNFACS STATE AND LOCAL SOLUTI Rm PREWELLS FARGO BANK PMT DET:1S9881923N9TESGE CAPER ence issu '903708080378283 13,088,70662 9708s WIRE TYPEAVIRE OUT DATE:150908 TIME:1136 ET “TRN2015090800378284 SERVICE REF-008384 BNFACS STATE AND LOCAL SOLUTI ae a a ceo '903709080378284 3,721,001.85 09/08/15 \WIRE TYPEAIRE OUT DATE:150908 TIME.1136 ET “TRN2015090800378285 SERVICE REF-008127 [BNFACS STATE AND LOCAL SOLUTI 1, BNF BK:WELLS FARGO BANK, NA " ‘DET:1598B185638B1D65ACS '903709080378285 “141861349 09/08/15 WIRE TYPEAIRE OUT DATE:150908 TIME-1209 ET ‘TRN:2015090800390536 SERVICE REF:008779 BNFACS STATE AND LOCAL SOLUTI mmm 2 EANELLS FARGO BANC NA 1DET:159883821ID90U77ACS, '903709080390536 102,242.86 0970815 09/085 ZBATRANSFER TO ‘WIRE TYPEWRE OUT DATE:150809 TIME‘1031 ET “TRN.201 5090800196759 SERVICE REF.004234 BNFSTATE OF N) DW OF MED ASS BNF BKARS 1D rc STP DIV OF MEDASST AND HEALTH SRV '081309092000000 '903709090196759 -020 “1;96580 09/09/15 09/08/15 WIRE TYPE:BOOK OUT DATE:150909 TIME:1102 ET TRN2015090900213682 RELATED REF:1599943380TAOHSS BNFSTATE OF NEW JERSEY WIRE TYPEwiRE OUT DATE-150809 TIME:1102 ET ‘TRN:2015090500213681 SERVICE REF. 004746, BNEACS STATE AND LOCAL SOLUTI ! INF BK WELLS FARGO BANK NA. Dm PMT DET:1559A00520541 40 '903709090213682 '903709080713687 “287074282 “35321956 osnions osnions ZBATRANSFERTO WIRE TYPE:BOOK OUT DATE-150910 TIMES1123, ET TRN-201 5091000217539 RELATED REF-159AB01222480524 BNF:STATE OF NEW JERSEY ‘081309102000000 '903709100217539 001 -1,793,63342 cera eno pe Page 7 of 384