HomeMy WebLinkAbout07-6242ROBERT M. REIBSTEIN, ESQUIRE
705 Montgomery Avenue
Narberth, PA 19072
(610) 664-1999
Attorney I.D. No. 20456
CACV of COLORADO COURT OF COMMON PLEAS
37017th Street, Suite 5000 CUMBERLAND COUNTY
Denver, CO 80202
VS. NO. 07- &4q2 Civit (errA
Edward J. Cook
200 Acre Drive
Carlisle PA 17013 CIVIL ACTION
NVACF TO DEfFXD
You have been sued in Court. If you wish to defend against the claims set forth in the following pages,
you must take action within twenty (20) days after this complaint and notice are served, by entering a
written appearance personally or by attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned that if you fail to do so, the case may
proceed without further notice for any money claimed in the complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE.
Court Administrator
One Courthouse Square, 4" Floor
Carlisle, PA 17013
(717)-240-6200
This communication is from a
debt collector. This is an
attempt to collect a debt and
any information obtained will
be used for that purpose.
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IF credit Card Agreetnent
General
In this Credit: Card Agreement, the words "you" acrd
"your" refer to each and all of the persons who accept a
credit card issued bq u$ or undor an aaavnt we mold,
`this Credit Card Amement (tlrt? 'A.greemenV) Mlsts
or this document and the terms and conditions set forth
in the Required Federal Disclosures secttion of the
?=MpanYingcard carrier, which is incorporated hercln
.and rnade apart hereof. The words. "we.. ?us;,' pour and
"MBNA America" meaty MBNA America Bank, N.A.
when you accept or use the account, you agree to the
terms In this Agmement. You should sign your card
before you use IL
You consent to and authorize MBNA Americo, any of its
affiliates, or Its marketing associates to monitor andbr
record any ofyour Mleptione conversations with our repre-
sentatives Ix 'the rmresentatlm of any of those o=panles.
All capitali=d'terms not defined ftereirr shall have the
meaning as defined In the Required Federal Disclosures
section of your card carrier.
Information Gatherig and s .ring
Prom time totime, we mayebtain updated informa-
tion about you Including, for marnple, credit informa-
Alon. We may share lnfdrmat!on about you with credit
'rapordng agencies and others, including merchants, 2nd
ardong companies affiliated Wltlr us. You may request
that informat.1an about you not tie shared.among our "
affiliates, other than information pertaining solely to
tratrsactions or experie nc¢sbetwe4?n you and us (or an
MBNA America affiliate), by writing us at-MBNA, Affiliate
Information $1 king. PO. Doi TX342, Wilmington, DE
IMO-5342, Mme include your name, address, home
PhMe mummer and•ali MBNA:Arnedca account numbers.
If You Wlieva that inaccurate or inwmplete information
about you or your account has beer, shaved by us with a ,
credit reporting agency, write to Us at: MDNA, Credit
Reporting Agencies, po.1 ox 170-54, Wilmington, DE
19M4-7054. Naasc include your name, address, home
phone number, and e=unt.number, aria explaln which
!PformatlgnjgQ bellew is jnaccurate -or ineoz'rtplete.
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HoW To Use YOUY AwUnt
You may use your credit card to purchase or lease
goods or services from persons who hone the card. You
may aisn use your Card to obtafrt Cash Advances. You
may not use a Check Cash Advance, or any other Cash
Advance, to m'?W a payment on this or any other credit
account with us. You may not use your account for busi-
ness or commercial purpnsEs.
Certain establislunents may cash your personal thed?s
upon presentment of your card. in the event we are
requfred to pay the arnount of a check CRSW in this way
because the check is not paid for any reason, we will
charge your account for a cash Advance in the amount of
tIVU check and any processing ciatge we actually incur.
if -you permit any parson to have eccess to your umd
or account numierwlth Ow authoozation to male:; a
charge, you may bi= liable forall charges made by that
person including chames for which you may not have
lntende3 to be liable.
7fie-transaction date for Check Cash Advances and
tialance T mnsfecs is the date you or the person to whore
the check is made payable first deposits or cashes the
check. the transaction date fdr a returned payment (a
Bank Cash Advaf=) is the date that the corresponding
joymem posted to your account:
You may request a stop payment On Cl teck Cash
Mvances by providit% us with the rhe& number, dollar . .
amount, and payee exactly as they appear on the Check
Casts Advapce, ONE and written stop payment requests
on Check cash Advar?cas-are effective for six months from
the day that we glace the stvp paym-ent on your acaaunt.
You may not use a postdated Check Cash Advonce to
obtain oedit uride. your account if you do.postdate a
Check Cash Dance, w-r- may elect tv honor It upon pre-
sentment or return it unpaid to the party whlch presented
it tq us for payment, vrithout in either case aaraiting the
date shown-on the Check Cash Advam. We are not liable
to you for any loss or expense incuaW by you arising out of
the. action`we-elect to take.
Repayment
You promise to pay us the amounts of all credit you
obtafri; this includes all purchases, cash advances; fees,
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Your accottrtt and Finance Cha.rgQs. b
You may pay the entice anfount outstanding at any
time- You must pay each morith at least the minimum
Payment shown on"your monthly statement. If you oven
pay or if a credit balance 1s otherwise created in your
` account, we will not pay interest on such amounts. Your
payment will be allocated fn a rnanner we determine, in
3 most Instances, we will allocate your payments to balances
(induding new transactioits) with lower APRs before
balances with higher APRs. This will result in nor bal-
' antes with a fvwes rate of interest being paid before any
i other extsting balances. All payments will be credited to
l Your account for the billing cy in which each payment
is. recd4ed; however, your available credit may not be
increased by the amount of the payinerit until Your
funds have deared. Minimum monthly payments can-
any
not be made in advance and payments made In
billing cycle which aie ;greater than the minimum pz yr-
meet clue will not affect your obligativa to make subse-
qurant minimum payments each month, We can reject
payments. not denominated In US. ,dollars yr not drawn
on a U.S. Bank NopaMent shall opepte as an accord
i - ud- M sfaction without th6 I?d& written approval of a
t senloroffkc of MB AAtrtetica.
s All perms who initially or subsequently regvcst,
accept or use the occoont are ittdiMually and tgeiher
responsible for arty uutstartciin balance. If two or more
persons are responsible to pay any outstanding balance,
we may refuse to release any of them from liability until
all of the tmexFired cards outstanding undot the account
have been retumed to.us-and the balance is paid its full.
Re ohs for Requiring immediate
PayMent _
You will be in default and we can require imm late
payment of all amounts you owc if. (1) you fait to snake
i any requlrod payment by tfit:1'aytnertL We [?are; (2) your
d New Balance Total exceeds your credit limit, or if we
have established a separate Cash Advance credit limit
for You, your outstanding Cash Advanco balance exceeds
your Cash Advance credit limit; or (3) YQu fall to abide
1 by any other terms of t'hls Agmement.
If you default, unless prohibited by applimble law, wo
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Can also. require you to pay the collection and rourt
costs we incur in any collection proceeding, and a rea.
sonable attorney's fee if we refer your account for collec•-
VQn to an attorney who is not vur salaried employee,
()Ur fa IUM to exercise any of our rights when you
default does not mean that we are unable to exercise
those rights upon later default.
Pqymenr HaWys
We may allow yew, from time to time, to or-Alt a
i rnanthly p3yrnent,. We will notify Yatt when this option
is avallablc, ?f you omit a payment, Finance Charges
and credit insurance premiums, if any, will accrue on
your balance in accordance with this 4reement. The
: requirement that you make a minimum payment each
month will resume Mlowing your payment holiday.
Charges Made In Fore!gn Curren
If you fncur a charge In a foreign currency, the charge
will be converted by-Visa Illtematiarial or MasterCard
Internationa f, depending 0 which card you. use, into a
s U.S, dollar arnount in accordance with the oplzratiag
regulations or cnnversiin procedures In of ed.at the
time that tike tr3nsattidn is processed. Curremly, those.
rogzilatio05 and procedures provide that .the currency
wtrnersion rate to be used is either (1) a-wholesale
market rate or (2) a government-mandated rate In effect
one day prior to the processing date, increased by one
• percent in each case, visa or MasterCard retains this
one percent as compensatio'n-for petfotming the Curren.
cy converiion service. The currency conwelon rate in
effect on the processing dare may differ from the fate in
• offer on the transaction date orate posting date,
A billing cycle begim; on the day after the closing date
shown an your a=trnfa prectding- n tonthly statement
and ends on the rlosiag date That appears-on your
aCcggnt`s staternernt for the current month. -
Acc rd Pees and C ors
Account Cces; The following fees, which are set forth
on yjur card carrier, are assessed as Purchasesin the
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billing cycle in which such charges accrue: (1) a Late
Fee; (2) i#yourarrount is averifmit (even if fees or
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Finance: Charges assessed by us cause your New balance
Total to vxceed your credit limit) on the last day of a
bif line cycle, an ORrlimit Fee is charged to your account
as of the day In the billing cycle that your account Went
over the credit limit; (3) a Ketumed Payment Fee If a pay.
merit an your account i's M. urned for hquMcfont funds or
for any Qthe1r reason, even if It is paid upon subscsluent
presentment; (d) a RetWmed Check fee if We retvrrr a
check Cash Advanw unpald for any reason, even if the
Check Cash Advance is paid upon suhaequent prasent-
ment; ( 5) if youraccount is open: or if you maintain all
account balance; whetheryou have active charging privf-
lages or not, an Annual Ftv.
Abatndotted Property Charges, Unless prohibited by
applicable law, we will charge your account, as a
Purchase, for any casts incurred by us associated with
complyf.ng with state abandoned property laws,
Additional Account Fees and Charges; PIeM review
the Required r?!deral Dlsdosure? section of your card
carrier for additional fees and charges that may apply to
your Mount.
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You will b? vffered certain benefits which will be sub
jest to the restelctions outlined in the benefits brochure
provided to you by MANA Arnedca, M13NA America
resQtves tiro- night to adlust, add,. or delete benefits and
services aVany time and without notiCe.
Re 41 to Honor Your Curd
We ate. not liable for any refusal to hunor your card
or any Cash P yonce or fur any retention of your card
by us, any other bank, of any seller or lessor of goods
Qr services.
T in
end ation
. WIQ may suspend yr terminate your right to obtain
Ctedit at any time for any reason. Your obligations
Under this Agreement continue even after your tight to
obtain ecedit has been suspended or terminated. You
must return all credit cards to us on request.
Amendments _
We may amend this Agreement at any ticrte by adding,
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deleting, or changing provisions in o?mpliance with the
applicable notification requirerneh,ts of federal law and the
law$ of the Stat* a Delaware. If an amendment giYes you
the oPPo'funitY to reject the change. and if you rejed + chahgc iii cite manner pr4vid2ct in such amendmentt, w? the
may tr m;inate your right to teceive credit and may ask you
j tQ retU.M all credit devices as a condition of y4trr tejec
ilon. The amended Agreement (imluding any hlgher rate
or other higher charges ar fees) will apply tQ the entire
unpaid balaaic , lndvdfng the balance existing before the
1 amendment became efrecd+re. W to may replace your
i Credit card with another card at any time.
Assignment
t we may at anytime, and without notice to you,
f assign Yoiir nocount. any sums due on your account,
this Apreement or our rights or obligations under your
atCvu it or this Agreernebt to any person or entity. The
Persori or entity to whom we make any such asslenrther?f
Shall-be entitled to all of our right-5 and/or obligations
under this Agreement, to the extent assigned.
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i Your credit limit is shown on rocircatd cam-orand g'en- .
erally on each montlify statement: we may c haRe your
edit limit 4r lira
its from time to time. and we will rtov7y
You Uwe do. The total amount of credit outstaudtng at
i any time must not be mare than
aisv your cTedit establish a wparate Credit limit W Cash iAdvaw
we do. Yo.uroutstarnding Cash Advance balance may not
exceed ibis Cast, Advarit a limit.
Request fQrjCredit Over Your Credit
UMI" s
i if
You Mquest credit in any form*which, If granted,
t W-Duld mutt in either-your total outstanding balance or
Your cash AdYancu- balancie, includirtg authorized transac-
t clans not Yet
i posted to your account, being rn,0 tflan
your credit limit or your cash Advance Credit 111nit, if wo
have established one for You, (whether or not such bal-
antes before the request were more than the respective
? credit limit), we may., (1) honor the request without r=
maitently rarsing your cre-dit limit: (2) honor the request
i and treat the amount wlifch is nxire than your credit limit
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E15 Immediately due: or (3) refuse to honor the request.
We may advise the person who made the request that i t
has been refused. if we refuse to honor a Check Cash
- Advance ar Balance T ansfe , we may da su by advising
the person preseuLint the Check Gash Advance or
_ Balance Transfer that'Credit has been refused. that there=
are iiMfftcient funds to pay the Check Cash Advance or
Valance Transfer, of in any other manner.
If are have previously honored requests for credit over
ynvr credit limit, it dots not mean that we will honor
further overlimit rociuestv' if we &dde to honor such a
request, are may assess an C refflmit Fee as provided in
this Agreefivunt.
Unautkodwil Use of Your card
Piece notify us immediately of thQ loss, lhert, or possible
i authorfted use of ycwr accO nc at I-SO -787-0741.
Governing Law
This Aereernent is made In Delaware, it is goYemed
by the taws of the State cif Delaware, without regard to
its couflict of laws principles, and by any applicable
federal laws.
If any part of this Agreerneitt is found to lac Invalid,
the rest rema Ills efreaNe. Ojr fa[Iure or deka In exer-
cising any of our rights under this Agreernent does wt
mean that we are unable to exercise those rights latzr,
itigation
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The Arbitration provisions below apply to you unless
YOU were given the opportunity to reject the Arbitration
prov,(sIrns and you did ro reject them: in which case,
you agree that any litigation btvught by you against us
regarding this account or this agreement shall be
brought in a court located in the State of Delaware,
ArbitmUotc: Any claim or dispute (Claim") by
either you Ur us against the.oiher, or against the
employees. gents or assiEris of the other, arlsing
from or relating In any way to this Agroement or any
prior 4Teement.or your account (whether under a
statute, in cQntrac;t, tort, or otherwise and whether for
money damages, penalties or dedaratvey or equitable
relief), induding Claims regarding the applicability of
this Arbitration Section or the validity of the entire
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Agreement or any prier Agreement..hall be resolved by
.. binding arbitration.
' The arbitration shall be conducted by the National
Arbitration Forum (mNAI; ), under the Code d Procedure in
• effect at tiro time the Claim is filed,' Ues acid furrns of
the National ArUtratlurt Forum may be obtalned and
Clalms may to filed at any Nadonal Arbitration Forum
aifice, )n6 .arE -forym.eom, WRO. Box 50191, .
Minneapolis. Minntstota 55405, telephone I- WO-474-2371.
if t} UV is unable or unvilling to act as tirNtratur, we
may substitute antutlter nationally recogt?ized, indepen-
dent arbitratiori organization that tisos a similar code of
procedure. At your written request. ire will advance any
arbitration filing fee, administtatiYe and (tearing fees
which you are required to pay to pursue a claim In arbi.
Mtion: The arbitrator will deddOvho will be ultimately
revQnsible-for paYing those (des. In no everit will you
be required to reimburse us fat' any arbitration Filing,
• admirtiistratW or hearing fees in art amount treater than
what your court costs would have been if the Claim had
beers resolved in a'state court with ju4sdicftn_ Any
arbitMtlon luring at ivWch you appear will take place
within the €ederal judicial district that includes your
17111in' address at the tine the Chun is filet{. This arbitra-
ks: = tigta nfement is made pursuant to a transactlon in olv
frig interstate commerce, and shall be governed by the
Federal Arbitration Act, 9"U.S.C. ¢§ 1-15 (`FMI. ludgrmcrtt
upon any arbitration award. may Ix entered in any court
having jurisdiction- Vie arbitrator shall follow eXisttng
substantlve law to the extent cansistent- with the FAA and
applicable statutes of limitations ar,d shall honor any
Maims or privilege tecognfzed by law. If any party
requests, the arbitrator shall write art opinion cgntalning
[I it: reasons for the award,
No Claim submitted to arbitration is heard by a jury
and no Claim may be brought as a doss action or as a
private attoirroy general. You do not have the right to act
'• as a class representative or partic(pate as a member of a
class of dalmants with respect to any Claim. This
Arbitration Section applies to all Claims now in exi4ence
or that pray arise in-the future.
This Arbitration, section shall survive the termination
of your account with us-as well as any voluntary pay-
1 m_ ant of the debt in full by you, ariy bankruptcy by you
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or safe of the dent by us.
1 Por the purposes oftjaz; Nbiuatlon Section, "we' and
means MBNA America Sank, NA, its parent, stih-
i sidiaries. affiliates, I1c2nseQ?, predecessors, successors,
' assicns, and any purchaser of yaur account, and all of thelr
officers, directors, employees, agents Bltd assl?ns or any
t and all of them. Additionally; N or Wus' shall mean any
i. third party providing benefits. seMces, or products in
i connection with the account (induftg but not limited
to credit bureaus, morcitants that a=pt any credit
' device issued under the acununt;, rewards or enroll mnt
} s? jces, credit insurance companies, debt collectors
and all of thalr offleers, directors, employees and agents)
it, and only if, such a third pact' is named by you a5 a
?- co-defendant in any Claim yuu assert against its. Moo-
for the purposes of this Arbitration Section, "You" or
i . "Yours" shall mean any person or entity 6pproved by us
to use the Account, including but not limited to all per-
i sons or entities contractually Wlgawd on the Account
and all authorized usdrs of the account.
l if MY Part of this Arbitration Section is found to be
i invalld or unenformbte under any law or statute consis-
tent with the c=A& the: remainder Q(this Arbitrations
Sedloh shall be enforceable Without reeard to such
' Invalidity or urten[bro-aability.
THE RESVV 0t' THIS ARBITRATION AGREEMENT'
i 1S ViAT. EKEPT A5 PROVIDED MVE. C1 AIMS CAN-
NOT BE LITIGATED IN COURT. INC DING SOME
CLAIMS THAT ('{)ULD HAVE BEAN ?'FtI? BEFORE A
} JURY, AS CLASS ACTIONS OF, AS T1MATE Al-IVRNEY
GENERAL ACTIONS.
Platitti(rn Plus Coverage Credit
Ins . urance Bettefzts, Lomita otts, costs
?. &Exclusions.
i Ia xm phis CQXRMF, pays Your minimum monthly
RaYment"up to your balance on the date of Ian (riot to
exceed $15,OW), until you return to wQlk* * if you are
Invalu«tarilY unemPlayed, tll disabled, or if you or s
your spouse takes covered family leave. Pfa[In m Pius
Coverage also pays your insured outstanding balance up
I to the Icest of your outstanding balance. your credit limit,
orsi9,ood If you die.
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durinc first G montk cif coveige (not NO. Family le
benefits are not paid if you are eligible for or mceiving
unemployment benefits vr'are disabled.
' 'Phis is only a brief descriptinn of coverage, and cover--
ages vary by stgte. please refer to your cerdlimtes for a
full explanation of wmm-ge,
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Cas#. per ?] 00 mr MmU 6f Awge M(y Rg?qm
Costs apply to Lilo (L14 Neabiilty (1)), Unemployment (lx)
& Family Leave (F'): Ala 49,ac; AK 780; AZ 99c; AR 97,50;
_CA 89.9c; C0.523%; CT 41.890; DE 96.970; DC 95.31, FL
69C.- GA $8C; tit 89.410; ID 95,2c (L 8.0C, D 12.x. U 54t.
P.200 IL 80c: M 96C; !A 45.64 (1.7,% D 14*, U 5% F
j 20?T< KS 85*, KY 97.40-, Lei 89.74; MD 7Q.54c; MA 18,4c;
. i M1 05A.' MU 3ok%.' MS 85.1c; MO 61.1C; MT 93.90; NE
9M, NY 95.30; N k 95c; N197c; NM 58.91: NY 52.9 (L
8.8t. D 26.bt. U )6.9c); NC 74.30; ND 94.1 t: QH 990, OK
97 4 ; QR 84.7t, FA 38.10; PR 99t; R1 93.15t, SC 8ft, SD
96.89,0; TN 92.5t, TX 3 9.7c (L 5.7t, V 12c. U 1 ). UT
91A%$" VT 28,4,0(L 5.990,D6AIc,FIW;VA 84t(L6.Ic,
U MC, U 49,?. F 20C,); WA M; WV 95.21; Wl 93.6 (L
r 5.70. D 8.1C,1159t, F 7..k): WY 95, 5C.
dt1?„bi1 Tots coverage (5 not available in ME.
' Involuntary Unemployment Is not available in MA or YC
>?amilY Leave is not available in AL, CT, MA, MA, MN,
NM, NY, PA, Qr TX .
Ut+derarr 8 Companfes/Po1(cs: Inm1untarlr
Unem bmcnt; American SemritylLOI (5185), L01
NYPN3), AS 1,41 TX (6192), L OIC•IP-KS (2196), and LK)IC.
' IP; Standard Guaranty= Lbl (%5) (Nf1 only). We i
1 Disability: Union SwOty Ufeltrl-Z; Standard Guaranty
We (TX onlyylX -I-Z (5192)(3.53RA): Ffmt Fortis Wfo (NY
We onlyYNY1.MA01.3; and Amerkan Security (NY
Disability onlyVW-S-A Pamfly Lem: Ajuvrican
r cuntyAP (4197), FGP,FL (12197) in Et., FLP-NC (3198)
In NG, FLP-QK (4197) In OK, FLP•VlA (2tW) in VA, F1,4P
(A7.)(7/981 in AZ. FL-1P (07) in IL & IN, FL-11"P-KS (12197)
in KS, PL-iP-WY (4197) in WY; Standard Guaranty/FLP
1 (07) in NH; Union Security Li#e/FL,P-VC (4191) in VP,
• salicftfrig agents for Missi$sippi and Florida-ore Charles
M. Gordon and Pamela Curtis respectively.
i Ibis product is not an imwed deposit account, is not
FDIC ;n$ured, is not Guaranteed by MBNA America dank,
i N.A., and is not a aoljditfon of obtainin credit
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"Less past. due and over crCdtt limit amounts. In Mid
Cayerage pays 5% of the b2Ianc?2 on your date vfdisability
up to $754. In NY, coveragc pays the mminiaium payment
due on your date of loss,
1 "'1'lte number of monthly benefit payments will not
exceed 9 for family luve; 12 for untmplcymemt In A1., AK, QT,
ILL W, MN. Mod NM' NC, NY, IAA, 5C OX: 12 for disability
' exco fn CA, HI, IN, KS, MI, NJ, NY, PA. TN, TX lrV1.
NY, NJ & TX Restdenta 00y: To purchase coverages
separately, writc to Assurant Croup, P.Q. Box 50355,
' Atlanta, GA 34302. Ap ' ications will be sent to you.
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WINA America Bank, N.A., is the exclusive issuer and
: administrator of Lhis and usher PlatIhm Plus credit card
accounts
I MBNA Am. eticaa is a federally registered service mark of
MBNA America Bank, N.A.
0 2000 MBNA America Bank, NA
NF.XM (Revlco2 412000)
DISC."
411!00 MBNAULOI (MBNA-LAVUncapped LOUFL)
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f .,unnr-rvi-r-?CrCOJ( (H!SSTAIEIrfEMT
If you need more information, describe the item you are unsure about' You do not
have to pay any amount in question white we are investigating, but you are
obligated to'pay the parts of your bill that are not in question- We cannot report
you as delinquent or take any action to collect the amount you question wl-hife we
investigate your irxfuiry.
ff you have authorized us to pay your credit card bill automatically from your savings
or checking account with us, you can stop the payment on any amount your think
is wrong- To stop the payment your letter must reach us at least three business
days before the automatic payment is scheduled to occur.
Spe at Rule for Credit Care! Purchases
9 you have a problem with the qualm( of goods or services fiat you .purcfhrsed
with a credit card, and you have tried in good faith to corred the problem wM the
mKda-t may not have to pay the remaina-rg amount due on the goods or
services. You have this protection only when She purchase price was more than
$50.aod the purchase was made in your home sUte rr( within 100 miles of your
making address. Of we own or operate the merchant, or It we mailed you the
advwr se % for the property or terraces, all purchases are cornered regardess
of amaxht or bcation of pu cha )-
not preserve your bilfirx} tights. In your lette i
r a on the form, give the following
i rtomnatiore your name and aunt number: the dollar amount of the suspected
error, the pos&q date of the transaction in question. and an'erptanauor of why
you believe there is an error (dyou are using the form, check the appropriate box)
PAYMENTS
iYe credit payments: as of the date received, if the payment is 1 received by 2
p.m. (Eastern (me), 2) received at the address shown in the upper left-hand comer
of the ((vtt of this statement, 3) paid. with a check drawn in U.S. dollars on a U.S.
financial tnstitutfon or a U.S. dollar money order, and 4) sent in the enclosed return
envelope ntitfi only the top portion of this statement accompanying iL Payments
received after 2 p.m on any. day fndudng the Payment Due (}ate,' but that
otherwise meet the above requirements, will be credited as of the next r1ay. We
w11 reject payments that are not drawn in U.S. dollars and those drawn on a financial
institution located outside of the United States. Credit for any other payments may
be decayed up to five days. No payment shall operate as an accord and satisfaction
without the prior written approval of one of our Senior Officers.
BILLING RIGHTS SUMMARY
In Case of thous or QuesSons About Your &W
If you think your bill is wrong, or if you need more information about a transaction
on your bill, p6aie "a to us'oih a separate sheet of paper or use a obey of the
form provided below. We must receive your written inquiry at P.O. Box 15026,
W&Wgton, DE 19850, no later than 60 days after we sent you the lust bill on
which the transaction or error appeared- You telephone us cwt doing so does
INFORMaTIMABOUT THIS ACCOUNT
GRACE PERIOD
ff youpay this statement's. entire New Balance Total by the Payment Due Date,
Periodic f9 Frkvoom Charges will not be assessed on Category C or D
pied durtrig the next billing cyde_ t the Previous Balance shown
on this statement was paid in full by Its Paymerht Due Date and you pay this
slartevWr, entire New Balance Total by tare Paymerd Due Date stmn on this
statement, then the Category C a D portion(s) of this statements New Balance
Total will not be assessed Periodic Rate Finance Charyes-during the next Wry
cycle. There is no grace period for CategoryA or B Cash AdVanees.
cwp,vTAimA(ETHODB FOR BALANCES SUeIEGT TO nwm aA ms-
trarfegoriec A and B - Ave" Cash Advance Balance (irk] new Cash
Advances): We calculate the Balance Subject to Rnmoo- Charge, for each Cash
Advance category us' the following Average Cash Advance Balance method:
Each day, of the axren t b11mg we lake the beginning Cash Adv*m balance,
irickduhg a=ued but unpaid aroma: Charges, add new Cash Advmicep, and
"subtract parTWft or aedts. This gives us _ the daily Cash Advance balance. If
any dally balance n less chart zero we Y4 treat that balance as zero. We add
together. the curer[ b*V cycle's dally Cash Advance balances. We then inctude,
for each day prior to tie cude[d brtrrng cycle: balances on Cash Adrarlces that
had a tratmcson date prior to the =rant bitting cycle bull which were posted to
YME acVotrd in fie urrent bdrrng cycle. We divide this IoW by the number of days
stbieclt to the br?re 4 gc ; s us the Average Cash Advance Balance (a•Batanc?e
W C and D - Average Dally Balance ( rhdtrduhg new P=hases): We
Wate tie Balancce Subject co Finance Charge for each colt these categories Miry
IV tolomvwage Daly Balance method: Each day, we take the begi w*V
balance: accrued but unpaid Finance Charges, add new transactions and
new Accotrd Fees, and shad payments or credits_ This gives us the daily
balance. We do not add fhe tests for either ft Credit Pmtecom plan or for a%t
Jrrsur'a Xe plugrased through MBNA in the begirx>ithy balance until the W day of
the bWcV qt le after C* b v cycle in which they are tx'tied. We do not add new
karwwWns, ndw A ccotrd Fees, or new Cash 6quihralent Transaction Fees it the
BaEacm shown on this staternand was paid In fhrfi by Its Payment Due
Kany daily balance is less than zero we wil treat that balance as zero. We
add'the balances for the b7lrng cycle together and divide the total by the
rxKOW of days in the b4WV Vide. This gives us the Average Dally Batanoe (a
Balance Su*d to Finance Charge).
TOTAL. PERIODIC RATE FINANCE CHARGE COMPUTATION
Periodic Rate Finance Charges accm and are convwxied on a dally basis. To
detetmine the Periodic Hate Finance Change for each category, we multiply the
Balance Subject to Finance Charge by its applicable Dally Periodic Rate and that
result by the rvx" d days it the bfttirg cycle. To determine the total Periodic
Rate Finance Ctrarge for the billing Vide, we. add the Periodic Rate France
Charges for each category "dw Each Daily Pic Fate is calculated by
r#A&V Its mTespondiing Annual Percentage Rate by 365.
1F YOUR ANNUAL FEE IS BILLED ON TNIS STATED T .
We wit[ aeM your t;cotrnt for the Anrwal Fee baled on this statement It you close
your i xotxd by caning us al 1-So0-432-2552 (open 24 hours a day) Mthah 30 days
of the ma V of this stateme;rd. You may-cor6nue to cuss your account during #his
pubcf; however if you use or mak"a a balance m6 Tour a e after, YoU Wig
have td'pay an Anrutad Fee. You must pay the T in New alance by its Payment
Due Date for each statement that you may receive after you dm this acomit
AiISCELLANE'OUS
For the complete berms and conditions of your account, IAnS. A your Gedd Card
Agreame iL
khdividuakwd BanlcCacd Su rhnces Is a tradename of MBNA America Barak, NA
This itCCOtp7t is issued and admhlthistered by MB NA America Bank NA
I CUST WR STA TEME NT OF DISPUTE 0 iTElLf (Yes must use a separate farm for each dispute. Please print) -
IF YOU StMEYE A TRANSACTION ON YOUR STATEMENT IS AN ERROR, COMPLETE AND SIGN A COPY OF THIS FORM USING BLUE OR BLACK INK,
OR WRITE A DETARM LETTER ON A SEPARATE SHEET OF PAPER AND THEN RETURN R TOED. BOX 150211 WILMINGTON DE 19850 USA
PLEASE DO'NOTALTER WORDING ON THIS FORM OR MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT.
YOUR N1lME
(lease
V us WIN why you Iliadic the item rested above is an w w. Check only one boa
a1.
Q2.
Q 3.
Q4.
a $.
Q 6.
_ -tt
TRAFi MON DATE - - STING DATE_
AC?OWTH MSE11RUEREMCE JANDER:
AMOUNT: S
TRANSACTION DESCMMOM:
7. 1 w9f that the charge In gcresfion was a single karrsac, but was pasted
twice to my statemheaL I did rest authorize the second transaction.
Sale 91 $ Reference f
sale 12 $ Reference t
8. 1 noticed the merd2rd nn b canod the preauthorked
order (reservation). Please note c reellafon t and K available, enclose a
mpg of your telephone W showing date and time of canceL* n. Reason for
car Itarion:
The amount of the charge was increased from $ • to
$ or my sales slip was added incorrectly. Errdosed is
al copy of the sales daft that shows the correct amor nL
i cerfdy that the charge fisted above was not made by me or a person
authored by me to use my rand, nor were the goods or services
represented by the transaction received by me or a person authorized by
roe. (lf yov do not recognize a sale, choose this option.)
I have not received the merchandise that was to be shipped to me on
(dale). I have asked the merchant to aedt.my acomt
The attached credit slip was fisted as a charge on my statement
1 was issued a cwt slip that was not shown on my statement. A copy of my
aedd srp is enclosed
Although I did engage in the above transaction, 1 dispute the entire charge
or a portion in the amount of E . 1 have contacted the merchant
and requested a credit adustment. I either did not receive this credit or it was
unsatisfactory. I am disputing fits charge because
0
D
E3
a
M
9. f to I did engage in a transaction with the memhant, I was billed for --_
kahsaction(s) lotaing t that .1 did not engage in, nor dud anyone
else authorized to use my card. 1 do have ad miy cards in my possession.
Enclosed is a copy of my sales sfp for the raid charge.
10. Merdhandse that was shipped to me has arrived damaged enNoc defect-
1 returned it w (dale) and asked the merchant to credit my wwurL
11. 1 have ietunied-mendharxfise on because___
(If box 40 or 11 was checked, please provide date m erctrandse was returned
and a copy of the return recefpL)
Q 12. Other. Please explain.
' .Please ehectc onry oRe hoc do not acts rrordiugell Ctrs horny aid Prov[dlwPr-s o[ arrdoeumehLYCwa rtwr wit 1? K [rtresLgsSe Tour drsputl. Q.l. w?kacrs. inYOrxs, derailed rettei. e?ks dc+rrt
,,
CERTIFICATE OF PURCHASE
I, JEFFREY WFVaN.D--, hereby depose and state that:
1. I am an Authorized Agent of CACV of Colorado, LLC, a Colorado
Limited Liability Company.
2. As such, I am authorized to give this Certificate, and possess sufficient
personal knowledge to do so regarding:
Customer Name: EDWARD J. COOK
Original Creditor: Maryland National Bank
Account Number: 5329000997536373
3. On or about AUGUST 13, 2004 this account was issued by the original
creditor. CACV of Colorado, LLC is the current owner of the account
and purchased the account for good and valuable consideration.
Date: JAN 1 2 2007
By
Sworn and subscribed to before me this
20gK
Notary Public
My Commission Expires:
FPRUDDEENNCEE TINBERG
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 05/03/2010
¦
I 2,_day of ?/ l?/
- -(I-il 1 6 4?1 -
&- 2'-j-Tj 6,7-
NOTICE OF ARBITRATION
Dear Respondent:
AN ARBITRATION CLAIM HAS BEEN FILED AGAINST YOU.
Enclosed and served upon you is the Initial Claim. You may obtain a copy of the Code of Procedure, without cost,
from the Claimant or from the Forum at WWW.ARBITRATION-FORUM.COM or 800/474-2371.
IF YOU DO NOT DELIVER TO THE CLAIMANT AND FILE WITH THE FORUM A WRITTEN
RESPONSE, AN AWARD MAY BE ENTERED AGAINST YOU. AN ARBITRATION AWARD MAY BE
ENFORCED IN COURT AS A CIVIL JUDGMENT.
YOU HAVE THIRTY (30) DAYS TO RESPOND FROM RECEIPT OF SERVICE.
You have a number of options at this time. You may:
1. Submit a written Response to the Claim, stating your reply and defenses to the Claim, together with
documents supporting your position. Your Response must be delivered to the Claimant and filed with
the Forum. Read National Arbitration Forum [NAF] Code of Procedure Rule s 13 and 6C.
Proof of delivery of the Response on the Claimant must also be filed with the Forum. Read NAF
Rules 2A, 2M, and 2AA. Proof of delivery can be a statement: "Respondent, under penalty of
perjury, states that the Response was delivered to Claimant by [explain how delivered, such as mail or
other methods in NAF Rule 6C]".
A Counter Claim, Cross-claim or Third Party Claim must also be delivered and filed with the Forum,
and accompanied by the fee as provided in the Fee Schedule. Read NAF Rules 14, 15, and 16.
Forms for such Response and Claims may be obtained from the Forum.
If you fail to respond in writing to the Claim, an Award may be entered against you and in favor of
the Claimant.
2. Select a Document Hearing or a Participatory Hearing. You may request a Hearing in your
Response or in a separate writing. You may select a Document or Participatory Hearing, and you
may also request a Hearing on-line or by telephone. If an In-person Participatory Hearing is selected,
it will be held in the federal Judicial District where you reside or do business, unless you have agreed
otherwise. Your written Request for a Hearing must be filed with the Forum. You must also deliver a
copy of your Request to the Claimant and any other Parties. Read NAF Rules 25 and 26.
3. Have other options. You may seek the advice of an attorney or any person who may assist you
regarding this arbitration. You should seek this advice promptly so that your Response can be
delivered and filed within the time required by the Code of Procedure. Read NAF Rule 5 for a
Summary of Arbitration Procedures. If you have any questions about responding, you may contact
the Forum.
The Forum is an independent and impartial arbitration organization, which does not give legal advice or represent
parties. THIS SUMMARY IS NOT A SUBSTITUTE FOR READING AND UNDERSTANDING THE CODE
OF PROCEDURE WHICH GOVERNS THIS ARBITRATION.
National Arbitration Forum
P.O. Box 50191
Minneapolis, MN USA 55405-0191
(800) 474-2371
info@arb-forum.com
ARBITRATION-FORUM.COM
UPS: Tracking Idbrmation,
Delivery Notification
Dear Customer,
This is in response to your request for delivery information concerning the
shipment listed below.
Tracking Number:
Service Type:
Delivered on:
Delivered to:
Signed by.
1Z 8V2 053 A6 4673 962 7
2ND DAY AIR
04/04/2006 7:00 P.M.
200 ACRE DR
CARLISLE, PA, US 17013
COOK
Location: RESIDENTIAL
Thank you for giving us this opportunity to serve you.
Sincerely,
United Parcel Service
Tracking results provided by UPS: 11/29/2006 1:37 P.M. EST (USA)
https://wwwapps.ups.com/WebTracking/processPOD?IineData--HARRISBURG%5EKB...
Page 1'of 1
11/29/2006
IN THE
NATIONAL ARBITRATION FORUM
CLAIM
CACV of Colorado, LLC.
c/o P. Scott Lowery, P.C.
Attorneys for Claimant
Cherry Creek Corporate Center
4500 Cherry Creek Drive South
Suite 700
Denver, CO 80246
USA
CLAIMANT,
Edward J Cook
200 Acre Dr
Carlisle, PA 17013
USA
RE: CACV of Colorado, LLC. v Edward J Cook
Forum File Number: FA0601000631588
Account Number: 5329000997536373
Claimant Reference Number: 12905037040800750
RESPONDENT(S)
RESPONDENT(S): THIS IS AN ARBITRATION CLAIM AGAINST YOU FOR MONEY OR OTHER
RELIEF. YOU HAVE THIRTY (30) DAYS TO SERVE CLAIMANT WITH A WRITTEN RESPONSE.
IF YOU DO NOT SERVE CLAIMANT AND FILE WITH THE NATIONAL ARBITRATION FORUM A
WRITTEN RESPONSE, AN AWARD MAY BE ENTERED AGAINST YOU.
For a Claim against Respondent(s), CACV of Colorado, LLC. states:
1. By way of contract and retention and use of the account issued by MBNA America, Respondent(s)
became bound by the terms of MBNA America Account Agreement (The Agreement), which is attached
hereto and incorporated herein by reference. Claimant is the successor-in-interest to said issuer MBNA
America by way of the purchase of the above-referenced account of Respondent(s).
2. Respondent(s) is/are in default under the terms of the Agreement and is/are now indebted to CACV of
Colorado, LLC. in the amount of $2597.52 as reflected in the attached account summary, plus interest in
the amount of $539.92 as of the date of filing and to continue at the contract rate of 15.99% in accordance
with the books and records of MBNA America. See, 5 Del. C. § 941 et seq.
3. The date of the last payment received on the account was July 26, 2004. Despite repeated attempts by
both MBNA America and now CACV of Colorado, LLC., as successor-in-interest, to resolve this matter,
Respondent(s) has/have not paid the amounts due.
4. Claimant herewith prays for an Award for the amounts reflected in Paragraph 2, plus Attorneys fees of
$519.50, as permitted by the laws of Delaware, Process of Service fees, and all Arbitration Fees, as are
similarly provided for by the Account Agreement and the governing law of the state of Delaware. The
attached Agreement contains a Delaware choice of law provision and a provision for "reasonable"
attorneys fees. Delaware law specifically provides that an attorney fee may be awarded in an amount up
to 20% of an unpaid claim if allowed by law. See, 10 Del. Code §3912 (Pleading & Practice).
CAM Arbitration Claim Form 001
5. The MBNA America Account Agreement, which is attached hereto and incorporated herein by reference,
contains a litigation and arbitration provision that states, in pertinent part:
The Arbitration provisions below apply to you unless you were given the opportunity to reject the Arbitration
provisions and you did so reject them; in which case, you agree that any litigation brought by you against us regarding
this account or this Agreement shall be brought in a court located in the State of Delaware.
"Arbitration: Any claim or dispute ("Claim") by either you or us against the other, or against the employees, agents
or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or your account
(whether under a statute, in contract, tort, or otherwise and whether for money damages, penalties or declaratory or
equitable relief), including Claims regarding the applicability of this Arbitration Section or the validity of the entire
Agreement or any prior Agreement, shall be resolved by binding arbitration.
The arbitration shall be conducted by the National Arbitration Forum ("NAF"); under the Code of Procedure in effect
at the time the claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be
filed at any National Arbitration Forum office, www.arb-forum.com, or P. O. Box 50191, Minneapolis, Minnesota
55405, telephone 1-800-474-2371. If the NAF is unable or unwilling to act as arbitrator, we may substitute another
nationally recognized, independent arbitration organization that uses a similar code of procedure. At your written
request, we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay to
pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for paying those fees. In
no event, will you be required to reimburse us for any arbitration filing, administrative or hearing fees in an amount
greater than what your court costs would have been if the claim had been resolved in a state court with jurisdiction.
Any arbitration hearing at which you appear will take place within the federal judicial district that includes your
billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving
interstate commence, and shall be governed by the Federal Arbitration Act, 9 U. S. C. §§ 1-16 ("FAA"). Judgment
upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow existing
substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims
or privilege recognized by law. If any party requests, the arbitrator shall write an opinion containing the reasons for
the award.
No claim submitted to arbitration is heard by a jury and no Claim may be brought as a class action or as a private
attorney general. You will not have the right to act as a class representative or participate as a member of a class of
claimants with respect to any claim. This Arbitration Section applies to all Claims now in existence or that may arise
in the future.
This Arbitration Section shall survive the termination of your account with us as well as any voluntary payment of the
debt in full by you, any bankruptcy by you or sale of the debt by us.
For the purposes of this Arbitration Section, "we" and "us" means MBNA America Bank, N.A., its parent,
subsidiaries, affiliates, licenses, predecessors, successors, assigns, and any purchaser of your account, and all of their
officers, directors, employees, agents and assigns or any and all of them. Additionally, "we" or "us" shall mean any
third party providing benefits, services, or products in connection with the account (including but not limited to credit
bureaus, merchants that accept any credit device issued under the account, rewards or enrollment services, credit
insurance companies, debt collectors and all of their officers, directors, employees and agents). If, and only if, such a
third party is named by you as a co-defendant in any Claim you assert against us. Also, for the purposes of this
Arbitration Section, "you" or "yours" shall mean any person or entity approved by us to use the account, including
but not limited to all persons or entities contractually obligated on the Account and all authorized users of the
Account.
If any part of this Arbitration Section is found invalid or unenforceable under any law or statute consistent with the
FAA, the remainder of this Arbitration Section shall be enforceable without regard to such invalidity or
unenforceability.
THE RESULT OF THIS ARBITRATION SECTION IS THAT EXCEPT AS PROVIDED ABOVE, CLAIMS
CANNOT BE LITIGATED IN COURT, INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED
BEFORE A JURY, AS CLASS ACTIONS AS PRIVATE ATTORNEY GENERAL ACTIONS."
CAM Arbitration Claim Form 001
The undersigned counsel for Claimant asserts, under penalty of perjury, that the information contained in this
Claim and the supporting documents attached hereto are accurate.
RESPONDENT(S) MUST SEND A WRITTEN RESPONSE TO THE NATIONAL ARBITRATION FORUM,
WITH A COPY TO THE CLAIMANT, WITHIN 30 DAYS OR AN AWARD MAY BE ENTERED IN FAVOR
OF THE CLAIMANT.
Respectfully submitted
P. Scott Lowery, P.C.
Attorneys for Claimant
David L. Michael, #243
James R. Wolf, #30582
Annette M. Powell, #34817
Cherry Creek Corporate Center
4500 Cherry Creek Drive South
Suite 700
Denver, CO 80246
Toll Free (866) 365-6185
Local: (303) 218-7550
Fax: (303) 218-7549 or (303) 218-7548
CAM Arbitration Claim Form 001
SUMMARY OF ACCOUNT INFORMATION
01/19/2006 - EDWARD J COOK
ACCOUNT STATUS REPORT
Date Filed: 01/19/2006
Account Number: 5329000997536373
Primary Account Holder: EDWARD J COOK
Address: 200 Acre Dr
Home Phone:
Work Phone:
Secondary Account Holder:
Address:
Carlisle, PA 17013
(717) 240-0384
0000000000
Home Phone:
Work Phone:
Balance: $2597.52
Interest Rate: 15.99%
Last Payment Date: 07/26/2004
INFORMATION DRAWN FROM ACCOUNT RECORDS AND CURRENT AS OF THE DATE FILED
r Y STATE OF COLORADO
COUNTY OF ARAPAHOE
AFFIDAVIT OF ARBITRATION SERVICE PROCESS
BEFORE ME, the undersigned, duly commissioned and qualified in and for the state
and county aforesaid, personally came and appeared:
h ALJ? (Printed Name)
who, being duly sworn, did depose:
1) That I am of lawful age.
2) That I am is employed as an attorney in the firm of P. Scott Lowery, P.C.;
3) This office filed a Claim with the National Arbitration Forum on EDWARD J
COOK, Exhibit "A", to be served upon the Respondent at the last known
address, by UPS 2nd Day Air, Adult Signature Required, postage prepaid as
reflected by Exhibit "B".
4) This office received the delivery notification that Respondent had been served a
copy of the National Arbitration Forum Claim and Notice of Arbitration on April
04, 2006. This service is in accordance with National Arbitration Forum Code of
Procedure Rule 6 with confirmation signature of "Cook", a copy of which is
attached as Exhibit "B".
Further Affiant sayeth not.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS a 2DAY
OF 64c bt?- , 20 ok.
NO ARY PUBLIC
c K.
'O
rF of co?,o
MY CO ISSION
?.,eccc nFC.07 200
National
Arbitration
Forum®
June 07, 2006
Edward J Cook
200 Acre Dr
Carlisle, PA 17013
CACV of Colorado, LLC.
c/o P. Scott Lowery, P.C.
Jim Wolf
Attorneys for Claimant
Cherry Creek Corporate Center
4500 Cherry Creek Drive South, Suite 700
Denver, CO 80246
RE: CACV of Colorado, LLC. v Edward J Cook
File Number: FA0601000631588
Claimant Reference Number: 12905037040800750
Dear Parties:
Enclosed and served upon you by United States Mail is a copy of the Award, which has been
entered in this matter.
This case is now closed with the National Arbitration Forum. All future inquiries regarding this
case should be directed to the opposing Party.
Sincerely,
7% LLX
J
0"?3
Kristina L Blomquist
Case Coordinator
Enclosure
P.O. Box 50191, Minnc 6 , 7- www.arbitration-forum.com
National
Arbitration
Forum®
CACV of Colorado, LLC.
370 17th Street
Suite 5000
Denver, CO 80202
CLAIMANT(s),
Edward J Cook
200 Acre Dr
Carlisle, PA 17013
RESPONDENT(s).
AWARD
RE: CACV of Colorado, LLC. v Edward J Cook
File Number: FA0601000631588
Claimant Account Number: 5329000997536373
The undersigned Arbitrator in this case FINDS and CONCLUDES:
Case Summary
1. The Claimant has filed a Claim with the National Arbitration Forum.
2. After Proof of Service of the Claim was filed with the Forum, the Forum mailed to Respondent a Second Notice of Arbitration.
3. An arbitration hearing notice was duly delivered to the Parties as required by the Forum Rules.
4. The Parties have had the opportunity to present all evidence and information to the Arbitrator.
5. The Arbitrator has reviewed all evidence submitted in this case.
Decision
1. The Arbitrator knows of no conflict of interests that exist.
2. This matter involves interstate commerce and the Federal Arbitration Act governs this arbitration.
3. The Claim was properly served on the Respondent by Claimant in accordance with Rule 6, including a Notice of Arbitration.
4. On or before 01/18/2006 the Parties entered into a written agreement to arbitrate their dispute.
5. No Party has asserted that this Arbitration Agreement is invalid or unenforceable.
6. The Parties' Arbitration Agreement is valid and enforceable and governs all the issues in dispute.
7. This matter is arbitrable under the terms of the Parties' Arbitration Agreement and the law.
8. This matter has proceeded in accord with the applicable Forum Code of Procedure Rules.
9. The evidence submitted supports the issuance of this Award.
10. The applicable substantive law supports the issuance of the Award.
Therefore, the Arbitrator ISSUES:
An Award in favor of the Claimant, for a total amount of $3,882.04.
Entered and Affirmed in the State of Pennsylvania
Ho rab Jack M. Marden
Arbt or
Date: 06/06/2006
ACKNOWLEDGEMENT AND CERTIFICATE
OF SERVICE
This Award was duly entered-and the Forum hereby certifies that
pursuant to the Parties' Aybttn regent, a copy of this Award
,Oe
was sent by first class mail poage prid to'the Parties at the above
referenced addresses. or their Representatives, on this date.
Hoitobl?e :t3niiu Ret.
Director
Da?c`:?61?`!?Ob
VERIFICATION
I, JEFFREY WEYAND , hereby depose and state that:
The language of the foregoing document is that of counsel and not
necessarily my own; however, I have read the foregoing document and
the factual information contained therein is true and correct to the best of
my personal knowledge.
I am the Authorized Representative and a duly authorized representative
of the plaintiff;
The factual allegations set forth in the foregoing pleading are true and
correct to the best of my knowledge, information and belief, and they are
that EDWARD J. COOK owes the balance of $ 3,882.04 to CACV of
Colorado, LLC on previously submitted invoices, which balance is due
and unpaid as if the date of the execution of this Verification.
I am aware that if any of the foregoing is willfully false, I am subject to
punishment.
I understand that false statements made herein are subject to the penalties
relating to unworn falsification to authorities.
By:
JAN 1 2 2007
Dated:
Authorized Representative
?- C3
i
ell
L
J
ev
r-?
+?J
c
w
D
CACV of COLORADO
370 17t` Street, Suite 5000
Denver, CO 80202
VS.
EDWARD J. COOK
200 Acre Drive
Cstrliela PA 17011
TO THE PROTHONOTARY:
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
NO. 07-6242 Civil Term
CIVIL ACTION
PRAECIPE
Please enter my appearance on behalf of Edward J. Cook, Defendant in the above
captioned case.
-----?,
November 30, 2007
John H? Broujos, Esquii
kttornev I.D. No. 06268
4 North Hanover Street
Carlisle, Pennsylvania 17013
717/243-4574: 717/766-1690
FAX 717/243-8227
c:
Robert M. Reibstein. Fsanire
Edward J. Cook, Defendant
C)
1
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-06242 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CACV OF COLORADO
VS
COOK EDWARD J
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
COOK EDWARD J the
DEFENDANT , at 1515:00 HOURS, on the 26th day of October , 2007
at 200 ACRE DRIVE
CARLISLE, PA 17013 by handing to
LASHAUN COOK, SISTER ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.80
Affidavit .00
Surcharge / 10.00
.00
ra1/ p9 0 , 32.80
Sworn and Subscibed to
before me this day
of
So Answers:
R. Thomas Kline
10/29/2007
ROBERT REIBSTEIN '
By :
Deputy Sheriff
A. D.
MORRIS & ADELMAN, P.C.
BY: ROBERT M. MORRIS, ESQUIRE
IDENTIFICATION #67896
POB 30477
Philadelphia PA 19103-8477
215/568-5621.
CACV of Colorado, LLC
1999 Broadway
Denver, CO 80202
tips .
EDWARD J. COOK
200 Acre Drive
Carlisle, PA 17103
ATTORNEY FOR PLAINTIFF
CACV of Colorado, LLC
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
. NO. 07-6242 CIVIL
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance for CACV of Colorado, LLC, Plaintiff
in the abovE?-captioned matter.
IS\& ADELMAN, P.C.
F-_
CJ BY:
=
a U>
Li
,PfPERT M. MORRIS
Attorney for Plaintiff
MORRIS & ADELMAN, P.C.
BY: ROBERT M. MORRIS, ESQUIRE
IDENTIFICATION #67896
POB 30477
Philadelphia PA 19103-8477
215/568-5621
CACV of Colorado, LLC
1999 Broadway
Denver, CO 80202
ATTORNEY FOR PLAINTIFF
CACV of Colorado, LLC
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
vs.
EDWARD J. COOK
200 Acre Drive
Carlisle, PA 17103
NO. 07-6242 CIVIL
STATEMENT OF INTENT TO PROCEED
TO THE COURT:
CACV of Colorado, LLC intg ds to procee"ith the above-captioned matter.
Date: September 3, 2010
MORRI ADELMAN, P.C.
OBERT M. MORRIS, ESQUIRE
ATTORNEY FOR PLAINTIFF
a IDENTIFICATION #67896
-- POB 30477
Philadelphia PA 19103-8477
a 215/568-5621
? Ca -7
MORRIS & ADELMAN, P.C.
BY: ROBERT M. MORRIS, ESQUIRE
IDENTIFICATION #67896
POB 30477
Philadelphia PA 19103-8477
215/568-5621
CACV of Colorado, LLC
1999 Broadway
Denver, CO 80202
VS.
Edward J. Cook
200 Acre Drive
Carlisle, PA 17013-4201
ATTORNEY FOR PLAINTIFF
CACV of Colorado, LLC
C
COURT OF COMMON
CUMBERLAND COUNT rn
CIVIL DIVISION'"
3" c?i ca-s
5 c C..> O P
NO. 07-6242 CIVIL
ORDER TO SETTLE. DISCONTINUE & END
TO THE PROTHONOTARY:
Mark the above-entitled case settled, discontinued and
ended upon payment of your costs only.
BY
So Ordered As Above:
MORRIS &NIPELMAN, P.C.
ROBERT M.KRRIS, ESQUIRE
Attorn For Plaintiff
Prothonotary