HomeMy WebLinkAbout09-8615IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY,
PENNSYLVANIA
CACV OF COLORADO. LLC.
VS. NO: Oq - 8(o t 5 aiv*tl-lerm
JAMES M SMOLIZER
NOTICE TO DEFEND
You have been sued in Court. If you wish to defendant against the claims set fourth in
the following pages, you must take action within (20) days after the Complaint and notice
are served, by entering a written appearance personally or by an attorney and filing in
writing with the Court, your defenses or objections to the claims set fourth against you.
You are warned that if you fail to do so, the case may proceed without you and a
judgment may be entered against you by the Court without further notice of any money
claims or 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 OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET HELP. 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 REDUCED
FEE OR NO FEE.
LAWYER REFERRAL SERVICE
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240-6200
Harrison Ross Byck, Esq., P.C.
229 Plaza Boulevard
Suite 112
Morrisville, Pennsylvania 1.9067
1-888-275-6399/(215) 428-0666
Attorney for Plaintiff
CACV OF COLORADO, LLC. ) COURT OF COMMON PLEAS
4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY
FLOOR
DENVER, CO 80237
Plaintiff,
VS.
No.:
JAMES M SMOLIZER
1192 LETCHWORTH ROAD
CAMP HILL, PA 17011
COMPLAINT
To: JAMES M SMOLIZER
1192 LETCHWORTH ROAD
CAMP HILL, PA 17011
NOTICE
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 you and the court without further notice
may enter a judgment against you for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240-6200
AVISO
Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas
expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de
la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con
abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si
usted no se defiende. La costa tomara medidas y puede continuar la demada en contra suya sin
previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que
usted compla con todas las provisions de esta demanda. Usted puede perder dinero o sus
propiedas o otros derechos imporrantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE
DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA
OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
SERVICE DE REFERENCIA LEGAL
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240-6200
Plaintiff, CACV OF COLORADO, LLC., by its attorney Harrison Ross Byck, by way of
complaint against Defendant JAMES M SMOLIZER, avers the following:
1. Plaintiff, CACV OF COLORADO, LLC., is a Colorado limited liability company doing
business at 4340 SOUTH MONACO STREET 2ND FLOOR, DENVER, CO 80237.
2. Defendant, JAMES M SMOLIZER, is an individual residing at 1192 LETCHWORTH
ROAD, CAMP HILL, PA 17011
3. That Defendant and MBNA AMERICA BANK,N.A. entered into an agreement, a copy
of which is attached hereto, made a part hereof, and marked Exhibit "A".
4. That Defendant was indebted to Maryland National Bank on an account stated by and
between them.
5. That on or about December 16, 2002, MBNA AMERICA BANK,N.A. sold the debt for
good and valuable consideration to Petitioner, CACV OF COLORADO, LLC., a copy
of the Certificate of Purchase is attached hereto, made a part hereof, and marked
Exhibit " B".
6. That the Plaintiff, in accordance with the aforementioned agreement, filed a demand
for Arbitration with the National Arbitration Forum, in accordance with the provisions
of the agreement as attached hereto as Exhibit "C".
7. That an Arbitrator was appointed by the National Arbitration Forum and a hearing
was held on OCTOBER 12, 2005, at which time the parties were given full opportunity
to present their respective positions with regard to the claim.
8. That on April 10, 2007, the Arbitrator made his decision and awarded the sum of
$3,895.60 to Petitioner herein. A certified copy of the Award is attached hereto, made
a part hereof, and marked Exhibit "D".
9. That the aforesaid Award, in accordance with the provisions of the Agreement
between Plaintiff and Defendant, is binding upon the parties, and jurisdiction is
conferred upon the Court of Common Pleas of Cumberland County.
10. The Defendant, being indebted to the Plaintiff in the sum of $3,895.60 upon the
account stated by and between them did promise to pay said sums upon demand.
Demand has been made for payment of $3,895.60 and the Defendant has failed to
remit payment.
WHEREFORE, plaintiff demands judgment against the Defendant for $4,074.10, together
with other interest, costs of suit $178.50, and an award of reasonable attorney's fees.
Date: November 18, 2009
EXHIBIT A
07/20/2006 15:26
FIA CARD SERVICES i 912672952844 _ N0.873 D002
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07/20/2006 15:26 FIA CARD SERVICES 4 912672952844 N0.873 P003
Your Contract with us
Your Credit Card Agreement with us consists of these
Ad4itionat Terms and Conditions and the document called
the Required Federal Disclosures or the initial Disclosure
You-agree to the terms and conditions of this Agreement
Fotthe purpose of the Privacy Notice, we will use the definition
contained in the third paragraph of the Privacy Notice. For
therremainder of the Agreement. we will use the definitions
described under the section heading Words Used Often in
Tk8 Agreement.
Pri_ ,_van Notice
Yoor pd acy is important to as: At MBNA, we are
committed to providing you with the finest financial
products and services backed by consistently top-qualit
service, And while information about you is fundamenta
j to our ability to do this, we fully recognize the importano
of keeping personal and account infomtation secure.
To offer you the widest range of products and services
MBNA may share information about you both within
MBNA and outside of MBNA with other companies.
This allows us to offer you products and services that
may interest you and best meet your needs, whether
they are available directly from MBNA or through our
relationships with other companies. We want you to
understand our information safeguards, what information
we collect, what infnrrnation we share, and the benefits
you receive when we share information about you.
This notice describes the privacy practices of MBNA
Corporation and all MBNA affiliates, including •MBNA
America Sank, NA, MBNA America (Delaware), N.A.,
Palladian Travel Services, Inc., MBNA Hallmark
Information Services, Inc„ MBNA Marketing Systems,
Inc„ and MBNA Insurance Agency, Inc (collectively,
"MBNA°), for financial products and services govemed
by the laws of the United States of America. This
notice explains MBNAs information collection and
sharing practices and lets you choose whether or not
MBNA may share certain information about you, either
within MBNA or outside of MBNA with other companies.
t Mr Seculty Promdamm MBNA Understands the
importance of protecting and securing information
and using it appropriately. Act ess to information
about you is restricted to the people of MBNA who
require it to provide products or services to you. We
maintain physical, electronic, and procedural safeguards
that comply with federal standards for the security
of information.
When MBNA shares information about you with
companies outside of MBNA, we require them to
impose safeguards, use it only for a permitted purpose,
and to return it to us or destroy it once that purpose is
served, We limit the amount of information shared to
what is appropriate to offer a product or service eM-
ciently. MBNA requires any company receiving infor-
mation from MBNA to sign a Confidentiality Agreement
containing these requirements and obligating that
company to protect the information as we would,
07/20/2006 15:26 FIA CARD SERVICES 4 912672952844 N0.873 D004
Information We Collect MBNA collects and uses
nonpublic personal information about you to conduct
our business and to consistently deliver the top-quality
Customer service you expect from us. Sources of this
information include the following:
• Information we receive from you on applications
and other fors or through your correspondence or
communication with us including through the maii,
by telephone, or over the Internet;
e Information we receive from third parties, such as
consumer reporting agencies, to verify statements
you've made to us, or regarding your employment,
credit, or other relationships; and
• Information about your transactions with MBNA and
with other companies outside of MBNA.
Information We Sbare Vlrithin MBNA: We may share
all of the information we collect about you with financial
service companies within MBNA to offer additional
products or services that may interest you and best
meet your needs. we believe this is convenient for you
and may saire you both time and money. To do so. we
share identification information Isuch as name and
address). transaction and experience information (such
as purchases and payments), credit eligibility information
(such as credit reports and applications), and other
information. The decision to purchase any such prod-
ucts or services is yours alone. You may tell us not to
share credit eligibility information about you within
MBNA but you dditrd understand
products and services orus
from offering g
from sharing transaction and experience.
identification, and other information within MBNA
Informatlon We Share W th Others: From time to
time, we may allow companies outside of MBNA to offer
you their products and services that may interest you,
'these products and services may be offered by financial
service providers (such as banks, loan brokers, account
aggregators, insurance agents. insurance companies,
mortgage bankers, and securities broker-dealers), by
nonfinancial companies (such as retailers, direct mar-
keters, communications companies. Internet service
providers, manufacturers, service companies, travel
agents. cruise lines, car rental agencies, hotels. airlines,
publishers, and organhations endorsing MBNA financial
products or services), and others (such as nonprofit
organizations). Subject to applicable law, we may share
all the information we collect with these companies out-
side of MBNA, unless you tell us not to.
Additionally, we may share all the information we
collect with companies that perform marketing or other
services on our behalf or to other financial institutions
with which we have joint marketing agreements. We
are also permitted by law to share information about
you with other companies in certain circumstances.
For instance. we may share all of the information we
collect with companies assisting us in servicing your
loan or account, with companies that endorse our
products and services through affinity agreements,
with government entities in response to subpoenas or
s,
07/20/2006 15:26 FIA CARD SERVICES 4 912672952844 N0.873 D005
regulatory requirements. anq with consumer reporting
agencies. If you tell us not to share information with
companies outside of MBNA that wish to offer you
their products and services, as described above, please
understand that we will continue to share information
in these additional circumstances.
Important Informadon About Your Choice: We're
dedicated to serving your needs - and to respecting your
choices related to privacy. You may tell us not to share
credit eligibility information within MBNA, and you may
tell us not to share information with companies outside
of MBNA that wish to offer you their products and serv-
ices as described above. If you wish to opt out of such
information sharing, please call toll-face 1-866-751-1255.
We will ask you to verify your identity and the specific
accounts to which the opt out applies, so please have
all your account, membership, or reference numbers
and your Social Security number or Taxpayer
identification number for deposit accounts available
when you fall.
! MBNA applies opt outs at the account level, not by
individual Customer When any person listed with others
i on an account opts out (for example, a co-applicant, joint
account holder, or authorised user), we will list the entire
a=unt as having opted out. MBNA will continue to
adhere to its disclosed privacy practices for an account
even if it becomes inactive or is closed.
An opt out from information sharing on an account
as described above, either within MBNA and/or with
companies outside of MBNA, remains effective unless
I revoked'in writing. Federal regulations require us to
provide this notice on an annual basis, whether or not
+ an account has previously opted out from either type
of information sharing, please remember when you
receive our subsequent notices that an a=unt previously
opted out from either or both types of information sharing
(and not revoked in writing) does not need to be opted
out again.
This notice updates and replaces any previous
notices from MBNA about the privacy, security, and
protection of information. For additional information
regarding MBNXs privacy practices concerning the
Internet, and to view the most recent version of this
privacy notice, please go to www.mbna.com and click
on "Privacy Notice." You may have other privacy pro-
tections under state laws. We may amend this privacy
notice at any time, and we will inform you of changes
as required by law.
Words used Oiteu in Tkis reemmt
"Agreement- or "Credit Card Agreement" means these
Additional Terms and Conditions and the Required Federal
Disclosures for the Initial Disclosure) and any changes we
make to those documents from time to time.
-You' and your mean each and all of the persons who are
granted, accept. or use an account we hold, 'You' and 'your'
also mean any other person who has guaranteed payment of
this account, when used in the sections entitled We May MoWW
and i zond Tdepi *w calls and ArSitratim amd l]tig Um and when
m used in each of the sections relating to payment of this account
07/20/2086 15:26 FIA CARD SERVICES 4 912672952844 NO.873 P006
(Your Promise to Pau and Hou We Alloeare Your Pavment5, for examvi
'We," "us." "our'. and "MBNA America" mean MBNA
America Bank, N.A
"Card" means all the credit cards we issue to you and is
any other person with authorization to use this account
pursuant to this Agreement.
-Access check" means an access check we provide to yogi
make a Check Cash Advance on your account.
if we use a capitalized term in this document but do nok
define the term in this document, the term has the meanin
given in the Required Federal D15CIOSNreS or the Initial
Disdosure or as used in your monthly statement.
We use section headings (such as words Used often in "
Agremment) to organize this Agreement. The actual term
this Agreement are in the sentences that follow and not
the headings,
Sign Your Card _
You should sign your card before you use it.
We May Monitor and Record Telephone Cali
You consent to and authorize MBNA America, arty of its affi
ates, or its marketing associates to monitor and/or record z.
of your telephone conversations with our representatives c
the representatives of any of those companies.
Credit R ruing Agencies
You authorize MBNA America to collect information abou-
you. including credit reports from consumer reporting agent
1f you believe we have fumished inaccurate or incomplei
information about you or your account to a credit reportin,
agency, write us at: MBNA. Credit Reporting Agencies, P.O
Box 17054, Wilmington, DE 19884-7054. Please include yo
name, address, home phone number. and account number
and explain what you ball*e is inaccurate or incomplete,
How to Use Your Account
You may obtain credit in the form of Purchases and Cas
Advances by using your cards, aekesis checks, account nurr
ber, or other credit devices. Please refer to your Required
Federal Disclosures or initial Disclosure to determine what
transactions constitute Purchases and Cash Advances and
how you may obtain them,
Tmmarfion Date_ for Certain Cask Adunc
The transaction date for Check Cash Advances and Bala
Transfers done by check is the date you or the person to
whom the check is made payable first deposits or cashes t
check The transaction date for a returned payment (whirl
will then be classified as a Bank Cash Advance) is the date
that the corresponding payment posted to your account.
purposes for Using Your Account
You may use your account fir personal, family, or houset
purposes, You may not use your account for business or
commercial purposes. You may not use a Check Cash
Advance, or any other Cash Advance, to make a payment c
this or any other credit account with us. You may not use c
permit your account to be used to make any illegal transact
persons Using Your Account
if you permit any person to use your card, access che?
account number, or other credit device with the authoriza
to obtain credit on your account, you may be liable for i
?:
07/20/2006 15:26 FIA CARD SERVICES 3 912672952844 N0.873 9007
transactions made by that person. including transactionq
for which you may not have intended to be liable. even tf
the amount of those transactions causes your credit limit to
be exceeded. Authorized users of this account may have the
f same access to information about the account and its users
as the account holders.
e How You May Stop Payment on an
s Access Check
You may request a stop payment on an access check by
t providing us with the access check number. dollar amount. and
payee exactly as they appear on the access check. Oral and
1 written stop payment requests on an access check are effective
for six months from the day that we place the stop payment.
You May Not Postdate an Access Check
You may not issue a postdated access check on your
account, If you do postdate an access check. we may elect to
honor it upon presentment or return it unpaid to the person
j who presented it to us for payment. without, in either case,
! waiting for the date shown on the access check, we are not
f liable to you for any loss or expense incurred by you arising
out of the action we elect to take.
Your Promise to Pay _
You promise to pay us the amounts of all credit you
obtain, which includes all Purchases and Cash Advances,
You also promise to pay us all the amounts of finance
charges, Fees, and any other transactions we charge against
your account
moments on Your Account
' You must pay each month at least the Total Minimum
Payment Due shown on your monthly statement by your
Payment Due Date, You may pay the entire amount you owe
us at any time. Payments made in any billing cycle that are
t greater than the Total Minimum Payment Due will not affect
your obligation to make the next Total Minimum Payment
Due. If you overpay or if there is a credit balance on your
account, we will not pay interest on such amounts. We will
reject payments that are not drawn in US. dollars and those
drawn on financial institutions located outside the United
States. Payment of your Total Minimum Payment Due may
not avoid the assessment of Overlfmit Fees.
When Your Payment Wiif Be CreNed
to Your Account _
We credit payments as of the date received, if the payment
is f l I received by 2 p.m. (Eastern Time); (2) received at the
address shown in the upper left-hand comer of the front of
your monthly statement; (3) paid with a check drawn in U.S.
dollars on a U.S. financial institution or a U.S. dollar money
order: and (4) sent in the return envelope with only the top
portion of your statement accompanying it. Payments
received after Z p.m, on any day, including the Payment Due
Date, but that otherwise meet the above requirements, will be
credited as of the next day. Credit for any other payments
may be delayed up to five days.
How We Allocate Your Payments
We will allocate your payments in the manner we determine.
. r in most instances, we will allocate your payments to balances
(including new transactions) with lower APRs before balances
with higher APRs. This will result in new balances with lower
APRs (such as those with promotional APR offers) being paid
07/20/2006 15:26 FIA CARD SERUICES 4 912672952844 N0.873 D008
before any other existing hdiarceB
Promise to Paiii Ap lies to All Persons
All persons who initially or subsequently request, accept.
guarantee. Or use the account are indtviduaiiv and together
responsible for any total outstanding who is responsible to pays
to release from liability any person
any total outstanding balance. until all of the cards. access
checks, and other credit devices outstanding under the
account have been returned to us and any such person or
at sons time under the terms of this Binge balance owed to us
any R aeilt
You will be in default of this,4greernent if. (1) you fail to
make any requtred Wal Minimum Payment Due by its Paymet'
Due Date; (2) your total outstanding balance exceeds your cred.
limit; or (1) you fail to abide by any other term of this
Agreement. Solely for the purposes of determining eligibility
and premium payment obligations for the optional credit
insurance purchased through MBNA. you will be deemed in
default or delinquent if you fail to make a payment within 9;
days of your Payment Due Date. our failure to exercise any
our rights when you default unable to exercise those rights upon not latmean that er default we are
When We Ma Require Immediate Paymef
paymen-
If you are in default, we an require immediate tilted 1
of your total outstanding balance and. unless provided under th
applicable law and except as otherwise Arbitration and Uligareort section of this Agreement, we can
also require you to pay the costs we incur in any collectic
proceeding, as well as reasonable attorneys' fe is not our
your account for collection to an attorney who salaried employee.
Other Payment Terms
We can accept late payments, partial payments. or pay-
ments with any restrictive writing without losing any of ou
rights under this Agreement. This means that no payment
including those marked with "Paid in full' or with any othc
restrictive words, shall operate as an accord and satisfacti
without the prior written approval of one of our senior offi,
You may not use a postdated check to make a payment. I
you do postdate a payment check. we may elect to honor
upon presentment or return it untredited to the person w
presented it, without, in either case, waiting for the date liable to you for any loss or
shown the ched, We a?r not
oat of the action we elect to
expense e incurred by by you ou
arming
Pa went HoNa is
We may allow you, from time to time, to omit a month.
payment, We will notify you when this option is availabi
you omit a payment, finance charges and any applicable
will accrue on your account in accordance with this
Minimt
Agreement. You must resume making your
Payment Due each month following a payment holiday.
Transactions Made in For ' in Curre c
If you make a transaction in a foreign currency,
will be converted by Visa International or MasterCard
international, depending on which card you use. into a
dollar amount in accordance with the operating regulatit
conversion procedures in effect at the time that the trans
providee that the currency those conversion rate to be used is
"t r
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07/20i2006 15:26 FIA CARD SERVICES i 912672952844
r
F
N0.873 D009
I I 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 cr MasterCard retains this
one percent as compensation for performing the currency
conversion service. The currency conversion rate in effect on
the processing date may differ from the rate in effect on the
transaction date or the posting date.
Winff Cycle
Your billing cycle ends each month on a Closing Date
determined by us. Each billing cycle begins on the day after
the Closing Date of the previous billing cycle. Each statement
reflects a single billing cycle.
Account Fees and Ch4rges
Account Feel: The following fees, which are set forth in your
Required Federal Disclosures or Initial Disclosure, are charged
as Purchases in the billing cycle in which the fees acrnJe:
(I I a Late Fee if the Total Minimum Payment Due shown on
your monthly statement is not received by us on or before its
Payment Due Date;
(2) an Overlimit Fee if your New Balance Total exceeds your.
.credit limit on the last day of a billing cycle, even if fees or
finance charges charged by us cause your New Balance
Total to exceed your Credit limit; an OvWimit Fee is
charged to your account as of the day in the billing cycle
that the total outstanding balance on your account exceeds
your credit limit:
(3) a Returned Payment Fee if a payment on your account is
returned for insufficient funds or for any other reason, even if
it is paid upon subsequent presentment;
(4) a Returned Cash Advance Check Fee if we return an access
check unpaid for any reason, even it the access check is paid
upon subsequent presentment:
(5) a Copy Fee for each copy of a monthly statement or sales
draft, except that the six most recent monthly statements and
six sales drafts wi It be provided for free: and
(6) an Annual tee if your account is open or if you maintain
an account balance, whether you have active charging privi-
leges or not.
Abandoned-Ptoperq Champ Unless prohibited by
applicable law, we will charge your account, as a Purchase. for
any costs incurred by us associated with complying with state
abandoned-property laws.
Please review your Required Federal Disclosures or initial
Disclosure for additional fees and charges that may apply to
your account.
Belligg!
We may offer you certain benefits and services with your
account. Unless expressly made a part of this Agreement. any
such benefits or services are not a part of this Agreement but
are subject to the terms and restictions oudined in the benefits
brochure and other official documents provided to you from
time to time by or on behalf of MBNA America. We may
adjust, add, or delete benefits and services at any time and
without notice to you.
R fhg4t to Honor Your Account
We are not liable for any refusal to honor your account,
This can include a refusal to honor your card or account number
or any check written on your account. we are not liable for
any retention of your card by us, any other bank, or any
provider of goods or services.
07/20/2006 15:26 FIA CARD SERVICES 4 912672952844 N0.873 D010
We May Suspend or Close Your Account
We may suspend or close your account or otherwise term;
your right to use your account. we may do this at any time
for any reason, Your obligations under this Agreement contr
even after we have done this. You must destroy all cards. ac:
cheats, and other credit devices on the account when we relit
that you do so
You May Close Your Account
You may close your account by notifying us in writing c
telephone and destroying all cards. access checks, and ori:
credit devices on the account. Your obligations under this
Agreement continue even after you have done this.
Transactions Auer Your Ac cunt Is Goss
When your account is closed, you must contact anyone
authorized to charge transactions to your account, such as
Internet service providers, health clubs, or insurance compan
These transactions may continue to be charged to your
account until you change the billing. Also, if we believe YL
have authorized a transaction or are attempting to use Yoe
account after you have requested to close the account, we
may allow the transaction to be charged to your account.
We May Amend This regiment
We may amend this Agreement at any time. We may
amend it by adding, deleting, or changing provisions of thi
Agreement. When we amend this Agreement. we will com;
with the applicable notice requirements of federal and
Delaware law that are in effect at that time. If an amendmt
gives you the opportunity to reject the change. and if you
reject the change in the manner provided in such amend-
ment. we may terminate your right to receive credit and mr
ask you to return all credit devices as a condition of your
relection. The amended Agreement (including any higher-r
or other higher charges or fees) will apply to the total out-
standing balance, including the balance existing before the
amendment became effective. We may replace your card w
another card at any time,
We Ma Sell Your Account
We may at any time. and without notice to you, sell. assi.
or transfer your account, any sums due on your account, the
Agreement, or our rights or obligations under your account
this Agreement to any person or entity. The person or entit-
to whom we make any such sale, assignment or transfer she
be entitled to all of our rights and/or obligations under this
Agreement to the extent sold, assigned or transferred.
Your Credit Ungit
Your credit limit is disclosed to you when you receive yot
card and, generally, on each monthly statement. We may
change your credit limit from time to time.
The amount shown on your monthly statement as Cash c
Credit Available does not take into account any Purchases,
Cash Advance, finance charges, fees. any other transaction
or credits that post to your account after the Ching Date o
that monthly statement. Such transactions could result in
your credit limit being exceeded and result in the assessmei
of Overlimit Fees.
What We May Do if You Attempt to
Exceed Your Credit Unit
The total outstanding balance on your account plus authorin•
tions at any time must not be more than your credit limit. If yc
07/20/2006 15:26 FIA CARD SERVICES 3 912672952844 N0.873 D011
attempt a transaction that results in vour total autstandir% bjL
ante (Pius authorizations) exceeding your credit limit. we ma%
(i) permit the transaction without raising your credit limit. is
permit the transaction and treat the amount of the transactio
that is more than the credit limit as immediately due: or 131
refuse to permit the transaction.
if we refuse to permit the transaction, we may advise the
person who attempted the transaction that it has been refuse:
if we refuse to permit a Check Cash Advance or Balance
Transfer, we may do so by advising the person presenting the
Check Cash Advance or Balance Transfer that credit has been
refused, that there are insufficient funds to pay the Check Cas
Advance or Balance Transfer, or in any other manner.
If we have previously permitted you to exceed your credit
limit, it does not mean that we will permit you to exceed yot
credit limit again. if we decide to permit you to exceed your
credit limit, we may charge an Overlimit Fee as provided in
this Agreement.
Unauthorized Use of Your Cord
Please notify us immediately of the loss, theft. or possible
unauthorized use of your account at 1-800-789.6701.
You Must Notify Us When You Change
Your Address
we strive to keep accurate records for your benefit and
= outs. The post office and others may notify us of a change re
your address. When you change your address, you must notil
s us promptly of your new address.
R What Law AapUes
This Agreement is made in Delaware, and we extend credi:
to you from Delaware, This Agreement is governed by the
laws of the State of Delaware (without regard to fts conflict o
laws principles) and by any applicable federal laws,
Tice Provisions of This Agreement Are
Severable
if any provision of this Agreement is found to be invalid,
the remaining provisions will continue to be effective.
Our Rights Continue
Our failure or delay in exercising any of our rights under
this Agreement does not mean that we are unable to exercise
1 those rights later.
Arbitration and Litigation
4 This Arbitration and Litigation provision applies to you.
I unless you were given the opportunity to reject the Arbitration
and Litigation provisions and you did so reject them, in the
manner and timeframe required. If you did reject effectively
such a provision, you agreed that any litigation brought by yo!
against us regarding this account or this Agreement shall be
brought in a court located in the State of Delaware.
Any claim or dispute ("Claim') by either you or us against
the other. OT against the employees, agents, or assigns of the
other, arising from or relating in any way to this Agreement o
any prior Agreement or your account (whether under a
`s statute, in contract, tort, or otherwise and whether for money
damages, penalties, or declaratory or equitable reliefl, including
Claims regarding the applicability of this Arbitration and
Litigation section or the validity of the entire Agreement or
any prior Agreement, shal I be resolved by binding arbitration
The arbitration shall be conducted by the National Arbfuatior
D.
07/20/2006 15:26 FIA CARD SERVICES 4 912672952844 NO.873 9012
Forum !' N.4F' i, uncier the Code of Procedure in effect at the Um
the Claim is filed. Rules and forms of the National Arbitration.
Form may be obtained and Claims may be filed at any Nations
Arbitration Forum office. wwwarbd=t =m. or P.O. Box 50191
Minneapolis, Minnesota 55405. telephone 1-800-474-1371
If the NAF is unable or unwilling to act as arbitrator. we may
substitute another nationally recognized, independent arbi-
tration organization that uses a similar code of procedure.
At your written request. we will advance any arbitration filing
fee, or administrative and hearing fees that 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 an:
arbitration filing. administrative, or hearing fees in an amour
greater than what your court costs would have been if the
Claim had been resolved in a state court with jurisdiction.
Any arbitration hosting 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 agree-
ment is made pursuant to a transaction involving interstate
commerce and shall be governed by the Federal Arbitration
Act, 9 U.S.C. §§ 1.16 ("FM"). fudgment 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 limitation,
and shall honor any claims or privilege recognized by law. If
any party requests, the arbitrator shall write an opinion con-
taining 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 do 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 and
Litigation section applies to all Claims now in existence or
that may arise in the future.
This Arbitration and Litigation section shall survive the
termination of your account with us as well as any voluntary
payment of the deft in full by you, any bankruptcy by you_ or
sale of the debt by us.
For the purposes of this Arbftratitm and Litigation section.
"W and 'us" means MBNA America Bank, N.A, its parent.
subsidiaries. affiliates, licensees, predecessors, successors,
assigns, any purchaser of your account, and ail of their officers
directors, employees, agents, and assigns or any and all of
them. Additionally, 'we" or "us" shall mean any third parry
providing benefits, services, or products in connection with
the account Iincluding but not limited to credit bureaus, mer
chants 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 codefendant in any Claim you assert
against us.
if any part of this Arbitration and Litigation section is
found to be invalid or unenforceable under any law or statute
consistent with the FAA, the remainder of this Arbitration anc
Litigation section shall be enforceable without regard to sucl
invalidity or un"For+ceability.
THE RESULT OF THIS ARBITRATION AGREEMENT IS
THAT, EXCEPT AS PROVIDED ABOVE. CLAIMS CANNOT SE
LITIGATED IN COURT, INCLUDING SOME CLAIMS THAT
COULD HAVE BEEN TRIED BEFORE A JURY, AS CLASS
ACTIONS. OR AS PRIVATE ATTORNEY GENERAL ACTIONS.
Sr
07/20/2006 15:26 FIA CARD SERVICES 4 912672952844 110.873 D013
: CREDIT INSURANCE BENEFITS,
LIMITATIONS, COSTS S EXCLUSIONS
CONSUMER PROTECTION DISCLOSURES
CREDIT INSURANCE 5: NOT A DEPOSIT; NOT FDIC-
INSURED; NOT INSURED BY ANY FEDERAL GOVERNMENT
AGENCY; AND NOT GUARANTEED BY THE BANK
PURCHASE OF CREDIT INSURANCE IS NOT A CONDITION
OF OBTAINING CREDIT IF COVERAGE IS DESIRED, IT
MAY BE PURCHASED ELSEWHERE.
Qmftlammm pays your minimum monthly payment'
up to your balance on the date of loss inot to exceed $25,000,
except disability in MN), until you return to work' • if you are
i involuntarily unemployed. I4L,& disabled, or if you or your
1 spouse takes covered family leave. Credit Insurance also
pays your insured outstanding balance up to the least of your
outstanding balance, your credit limit (not AL, AZ, Alt, DE,
E DC, ID, IL. ]A, LA. MD, MN, MS. NV, ND, ON, OK, RI, SD, VT.
WA. WV S WY), or $25,000 if you die.
. )E{I&JdftC One insured per account (insured must be the
primary cardholder or a co?applicant. authorized users are not
eligible). under age 46170 in AZ, NV & VA; 71 in FL, GA, MI,
MO & OK; 72 in NM). Your coverage ends at these same ages
(except family leave in AZ, FL & SD & unemployment), when
enrolled, certificates will be mailed explaining your coverage
& effective date. In MN, unemployment coverage is effective
61 days from your certificate effective date. For unemployment
or family leave benefits, you must be gainfully employed
working at least 30 hrslwk (not self-etrrplo"d or an independent
contractor) for 90 consecutive days before the date of Ions
(CO - before application date), MA • on the date of loss).
(TX - before overage effective date for unemployment).
Employees of professional corporations may be eligible.
Cew mWm & Bemilkw Credit Insurance rovers: your
j death; involuntary unemployment due to job loss, general
strike, unionized labor dispute, or lockout; total disability due
to sickness or injury if you are unable to perform the material
& substantial duties of your job (or any job after 12 mos, in
4 PA; 18 mos. in AL, AZ. AR, CA, DE. DC, GA, 1-11, ID. IL. IA, KS,
LA. MD, MN, MS, NV, NJ, ND. OH, OK. RI. SD, 7N, V7, WA,1VV,
Wl & WY); your or your spouse's unpaid leave of absence
t from employment due to care of your newborn or newly adapted
child or an incapacitated immediate family member (must be
spouse, child, stepchild or parent in AKi! mandatory recall to
active military duty; jury duty (except in AK); or residence in
a federally declared disaster area. Loss (not death) must
continue at least 30 days before benefits begin. In NY. for
strikes, unionized labor disputes & lockouts, you must be
unemployed for 7 consecutive vmeks & qualify for state unem•
ployment benefits before benefits begin. A daily benefit is
paid for each day of loss over 30 days for unemployment in
NY & PA, and disability in CA. CT, GA NY, MI. PA. RI & SC.
You may cancel this coverage at any time. if canceled within
the first 30 days of coverage, all premiums will be refunded,
Fa qs: Ufe! suicide in the first 6 months of coverage
(not MD & MO). Involuntary Unemployment; retirement,
resignation, voluntary forfeiture of income or job loss due to
willful or criminal misconduct, disability, strikes in IL, military
discharge in NY & normal seasonal unemployment in TX
Disability; normal pregnancy or childbirth Inot G, MA & NV).
intentionally self-inflicted injuries (not MDI, or a preexisting
medical condition during first 6 months of coverage (not NJ I.
Family leave benefits are not paid if you are eligible for or
receiving unemployment benefits or are disabled,
07/20/2006 15:26 FIA CARD SERVICES 4 912672952844 NO.873 D014
This is only a brief description of coverage, and coverages
vary by state. Please refer to your certificates for a full
explanation of coverage.
QM _ear 100 oer IMDnth of Aytrace Dailly Balance:
Costs apply to Life 1L). Disability (D), Unemployment Wl 6
Family Leave IF): AL 54.5c: AK 78c; AZ 99.9C; AR 99c: CA
89.9c: CO 50.66c: CT 42.89c: DE 99.9c. DC 99.9c: FL 890; GA
90.8c: Hi 89.91c: ID 995c (4 8.6c, D 16.90, U 54c. F 20c); IL
80.97c; IN 96c: IA 97.8c (L 7.2c. D 16.60, U 54C. F 200-); KS
85,470; KY 97,40; LA 99.93c: ME 53.05c; MD 79.74c: MA 15.7c
Mi 85.7c; MN 31.47c; MS 92,54: MO 61.1 c: MT 93.9c: NE
95.&: NV 99,87c; NH 950: NI 970; NM 58,9c: NY 52.5c IL 8.8(
D 26.1k, U 16.90: NC 71.30. ND 94.97c; OH 99.9c; OK 97 47c:
OR 80.8c; PA 38.Ic: PR 99C: RI 99.8c; SC 78.8C; SD 99,9c; TN
9150: TX 33.7c IL 4,&, D 12,90. U 16c): UT 90.44c; VT 34.920
(L6.68c. D 12.24c. F 16c1: VA 840 (L 6,Ic. D 8.9c, U 49C. F
20c); WA 89.390-; WV 995c: WI 93.6c (L 5.7c. D 8.9c. U 59c. F
20c): WY 99.7c,
AudaWft Involuntary unemployment is not available it
MA or VT. Family Leave is not available in AL. CT, MA. MD,
MN, NM. NY. PA, or TX.
Involuntary
Unemployment: American Security/L01(5451. LOI NY(3N31,
AS LOI TX(1 l/991, LOtC-[P-KS(2/%). LOIC-IP-CRS-ME(5/851
and LOIC-11F: Standard GuarantyAG LOI (5185) (NH only).
We & Disability. Union Security LN&L-14. L-S-G in AL, AZ.
AR, DE, DC, ID. IL. L4. KS, LA. MD, MN. MS. NV, ND, OH, OK.
RI. SD. VT, WA. WV 6 WY; Standard Guaranty We (TX only)/
L-1-Z(8/92)(3.53RA), First Fortis Life (NY Life onlyVNYLMOO13
American Security (NY Disability onlyVW-5-A. Fortis
Insurance (ME onlyyU-X-A, Family Leave: American
Security/FLP (4)97), FLP-FL(12/97) in FL, FLP-NC (3/98) in NC.
FLP-OK(4/97) in OK, FLP-VA(2/98) in VA, FL-IP(AZ)17/98) in
AZ, FL-IP(4197) in IL & IN, FL-IP-KS (121971 in K$, FL-IP-ME
(4/99) in ME; FL-I15-WY(4/97) in WY: Standard Guaranty/FLP
(4197) in NH: Union Security Life/FLP-VT(4/97) in VT. 5olicitin:
agents for Mississippi and Florida are Charles M. Gordon and
Pamela Curtis respectively.
The creditor may receive compensation in connection with
this offer.
It is a crime to provide false or misleading information to an
insurer for the purpose of defrauding the insurer or any other
person. Penalties include imprisonment and/or fines. In additior.
an insurer may deny insurance benefits if false information
materially related to a claim was provided by the applicant.
'Less past due and over credit limit amounts. In MI, Cover-
age pays 5% of the balance on your date of disability up to
51250. In OR, coverage pays the greater of 1136th of the bal-
ance or the current minimum payment due on your date of
loss. In NY S PA, coverage pays the minimum payment due
on your date of loss, to TX, coverage pays the greater of 6% o
your insured outstanding balance on your date of unemploy-
ment or your minimum monthly payment.
**The number of monthly benefit payments will not exceed 9
for family leave: 12 for unemployment in Al„ AK, CT, IL, Mi. MN
MO, NM, NC. NY. PA, SC & TX; 12 for disability in AK CO, CT,
FL. KY, MA. MO. MT. NE, NH, NM, NC, OR, 5C. UT & VA.
NY MI S TX 0 mill Peb Only: To purchase coverages separatel7
write to Assurant Group, P. O. Box 50395, Atlanta. GA 30302
Applications will be sent to you,
07/20/2006 15:26 FIA CARD SERVICES 4 912672952844 N0.873 9015
2/9/01 MBNAULOI (MBNA - LID/Uncapped LOtIFi.)
25000 DISC-101
MBNA America Bank, NA, is the exclusive Issuer and
administrator of Platinum Plus credit card accounts.
MBNA AmericaO and Platinum Plus@ are service marks of
MBNA Americo Bank, N.A.
0 2001 MBNA America Bank, N.A.
NEB' O (Revised 4/2001)
.,
EXHIBIT B
CERTIFICATE OF PURCHASE
I, 6 A d R 9 A I-- W A N Aereby 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: JAMES M. SMOLIZER
Original Creditor: MBNA AMERICA BANK,N.A.
Account Number: 5329016999257180
On or about December 16, 2002 this account was sold 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: MAY 2 1 2009
By
Sworn and subscribed to befon,
me this_day of111ay, 2009.
Notary Public
......
TAq
'•.••rpV 9L?G .? ??
My Commission Expires 03102/2011
EXHIBIT C
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:
IA- ' 14 JZ,e (Printed Name)
who, being duly sworn, did depose:
1) That I am of lawful age.
2) That I am employed as an attorney in the firm of P. Scott Lowery, P.C.;
3) This office filed a Claim with the National Arbitration Fonun on JAMES M
SMOLIZER, Exhibit "A", to be served upon the Respondent at the last known
address, by UPS 2n' 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
December 21, 2005. This service is in accordance with National Arbitration Forum
Code of Procedure Rule 6 with confirmation signature of "Schmoltzer", a copy of
which is attached as Exhibit "B".
Further Affiant sayeth not.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS SV DAY
OF F rua 20L'.'Q&-/
NOT Y PUBLIC
IN THE
NATIONAL ARBITRATION FORUM
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,
RE: CACV of Colorado, LLC. v James M Smolizer
Foram File Number: FA0510000575987
Account Number: 5329016999257180
Claimant Reference Number: 12598030021201308
James M Smolizer
1192 Letchworth Rd
Camp Hill, PA 17011
USA
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:
I . 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 $1909.23 as reflected in the attached account summary, plus interest in
the amount of $823.07 as of the date of filing and to continue at the contract rate of 15.90% 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 April 2, 2002. 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
$381.85, 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
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 ("Claire) 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, ynCw.arb-torum.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 arbihation 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 maybe 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, NA., its parent,
subsidiaries, affiliates, licenses, predecessors, successors, assigns, and any purchaser of your account, and all oftheir
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 amount (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
10/13/2005 - JAMES M SMOLIZER
ACCOUNT STATUS REPORT
Date Filed: 10/13/2005
Account Number: 5329016999257180
Primary Account Holder: JAMES M SMOLIZER
Address: 1192 Letchworth Rd
Camp Hill, PA 17011
Home Phone: 0000000000
Work Phone: 0000000000
Secondary Account Holder:
Address:
Home Phone:
Work Phone:
Balance: $1909.23
Interest Rate: 15.9%
Last Payment Date: 04/02/2002
INFORMATION DRAWN FROM ACCOUNT RECORDS AND CURRENT AS OF THE DATE FILED
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.ARBITRAnON-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
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---------------•-------
Confirmation of Deihfery
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December 27, 2005
Shipper M-059
Page 57 of 189
EXHIBIT D
NATIONAL ARBITRATION
FORUM
CACV of Colorado, LLC.
370 17th Street
Suite 5000
Denver, CO 80202
CLAIMANT(s), AWARD
RE: CACV of Colorado, LLC. v James M Smolizer
File Number: FA0510000575987
Claimant Account Number: 5329016999257180
James M Smolizer
1192 Letchworth Rd
Camp Hill, PA 17011
RESPONDENT(s).
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, where no Response has been filed, the Forum mailed to Respondent a
Second Notice of Arbitration.
3. The Respondent has filed a Response with the Forum and served it on the Claimant.
4. An arbitration hearing notice was duly delivered to the Parties as required by the Forum Rules.
5. The Arbitrator conducted a Hearing in this case in accordance with the Forum Rules.
6. The Parties have had the opportunity to present all evidence and information to the Arbitrator.
7. 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 10/12/2005 the Parties entered into a valid, written agreement to arbitrate their dispute.
5. The Parties' Arbitration Agreement is valid and enforceable and governs all the issues in dispute.
6. This matter is arbitrable under the terms of the Parties' Arbitration Agreement and the law.
7. The matter has proceeded in accord with the applicable Forum Code of Procedure Rules.
8. The evidence submitted supports the issuance of this Award.
9. The applicable substantive law supports the issuance of this Award.
Therefore, the Arbitrator ISSUES:
An Award in favor of the Claimant, for a total amount of $3,895.60.
Entered and Affirmed in the State of Pennsylvania
Daniel R. Lovette, Esq.
Arbitrator
Date: 04/09/2007
ACKNOWLEDGEMENT AND CERTIFICATE
OF SERVICE
This Award was duly entered and the Forum hereby certifies that
pursuant to the Parties' Arbitration A,greFment, a copy of this Award
was sent by first class mail postage prepaid to the Parties at the above
referenced addresses, or their Rehr statives, on this date.
r-
f
H 0 i C-X-n W; ti;kI ` tiu>.,ry; Ret.
Director
Date: 04/104,2007
VERIFICATION
I, MARIA H WA N Greby 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 JAMES M.
SMOLIZER owes the balance of $ 3,895.60 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
unsworn falsification to authorities.
Authorized Representative
Dated: MAY 11 2W9
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
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2009 DEC 22 Ail ID: 28
CACV of Colorado, LLC
vs.
James M. Smolizer
Case Number
2009-8615
SHERIFF'S RETURN OF SERVICE
12/21/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: James M. Smolizer, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant James
M. Smolizer. The defendant is believed to be living outside of the United States.
SHERIFF COST: $46.50
December 21, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
(c! GountySuite Sheriff, Ie eosot2 Inc.
(David D. BueCf
(Prothonotary
XirkS. Sohonage, ESQ
Solicitor
1snee K. Simpson
I" Deputy Prothonotary
Irene E. JKorrow
2"d Deputy Prothonotary
Office of the Prothonotary
Cumberland County, Pennsylvania
as •law? CIVILTERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 30TH DAY OF OCTOBER, 2012, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R.C.P. 230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square 9 Suite 100 9 Carlisle, PA 17013 0 (717 240-6195 • Fax (717 240-6573