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HomeMy WebLinkAbout10-0368(E) w Otff File No.: 245500 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. GLADYS LEWIS 1809 HEISHMAN GDNS CARLISLE, PA 17013 Defendant. FLED- ?),Fr!"E ;F 7Hc" c,en j tip,-,Ft?nYF?v 2010 JAN 14 FIN 1: C 8 a - Utr.? ;r COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10 - 3(p$ evil Iam 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 a judgment may be entered against you by the court 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 -*Qa, oo Po A-cM CIL4 I l0 54ss `,. Our File No.: 245500' APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. GLADYS LEWIS 1809 HEISHMAN GDNS CARLISLE, PA 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: C'.1` I CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is AMERICAN EXPRESS CENTURION BANK c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are GLADYS LEWIS, an adult individual residing at 1809 HEISHMAN GDNS CARLISLE, PA 17013. 3. At the special instance and request of Defendant, Plaintiff, AMERICAN EXPRESS CENTURION BANK, issued to Defendant(s), Account #3737-426479-31001. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $14,865.80. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $14,865.80 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & SSOCIATES, P.C. Attorn f Plaintiff - A Law Firm E gage in Debt Colo BY: Dated: 1/8/2010 David J.'Ap?thayer, Esquire Our File No.: 245500 VERIFICATION David J Apothaker Esquire, ES Q. hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. a undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904,7ela ' g to unsworn falsification to authorities. David J. Apo ake?-Kqui Attorney r Plaintiff DATE: 1/8/2010 AMERICAN EXPRESS CENTURION BANK GLADYS LEWIS 1809 HEISHMAN GDNS CARLISLE, PA 17013 STATEMENT OF ACCOUNT Debtor's Name: GLADYS LEWIS Account Number: 3737-426479-31001 Balance Due: $14,865.80 Our File No.: 245500 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ?4t?'ti?r of 4RUt6r?.rAll J Z5 AliIi* , i d( ?; u?r i i:,ra American Express Centurion Bank vs. Gladys Lewis Case Number 2010-368 SHERIFF'S RETURN OF SERVICE 01/20/2010 01:34 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 20, 2010 at 1334 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Gladys Lewis, by making known unto Larry Lewis, Husband of defendant at 1809 Heishman Gardens, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 January 21, 2010 SO ANSWERS O NY R ANDERSON, SHERIFF t By Deputy Sheri f jci CountySuite Sheriff. Teleosoft, U;c. DYs LLuuP s 1'60 9 NE,si4inAAj G Drjs CACZL% S LE_ TA 100 F3 -DE 1 rJ T PO TE2 Cow2r o (- C-ovV\W\Orj ')LE*S Cuw\eC12L4rj-b? Uum'ry State of ( Pennsylvania AVSWER, ()F ? R0 2010 FEB -4 A1111:24 Cl1M13- tL.,:' T? ') t ,, PEP%Sn&XIA' , ), ( -.Unn,?J2LQ )County ol- Cause/Case No.( ( d - 36Ss C W )( 1EPY) Plaintiff, Awv i CA rv E xPeeSS C e n -ro(R\O r/ A IJ K Vs. G Lrv-pys Lew ? S Defendant(s) L-, Lewgs LAW is ("Defendant"), hereby answers the complaint of AM-O,CA, j Zj QaESS i (UR-(0 J .i K("Plaintiff') for it's self alone as follows and generally denies the allegations due to the complaint based on lack of information and belief. First Affirmative Defense "(Agreement to Arbitrate) The credit card agreement may state that disputes may be resolved by binding arbitration. Defendant elects to have all disputes related to the credit card agreement resolved by binding arbitration." Second Affirmative Defense "(Amount in Dispute) The account balance claimed by plaintiff is not accurate and the total amount that is owed, if any, is in dispute." Third Affirmative Defense "(Financial Hardship) Due to a serious financial crisis, defendant does not have sufficient funds to pay the full amount of the undisputed debt, if any. M? Nds W? L ey A_?%o L AP?? ?„?+ ?1Xt10 t?JCOw?E5 A rJD cA?S? O F ? 1-I-t 6th c? S r o f I j 7MM s-F '-rrTZ-5 w 14 14 Co --i-n OU G i a c Ceep, T 044oS' IT- 5 E8v,,s EVe" Mo rrT1 OL/Z 4cr0,,,,7j- 64kq..,cc S 6o ?vwr? U L s T76E ROW-, Cup- w?%r.) )v??urr, P jm TS T?T/+? ??JLG 'R{'rc' d?/i.y P ? STS ?/E f•4r? j4, Lu ct - ..Do OO T 3?E--Y -n 4PA- i-4je- 0 (,? Twe I)E$T LA/eec Cory S \() eT-% ?6, (3#4k/01jPc,, f Aeceoog-iG rW i-kc4 WE 1"A 60 (01ZC00 -P'> ? Plow 4c Pf\C k T ( W e) maw' F 1-0. N-1 ode "ES WC- Gib wG: St?Jb 60-r" t3E '"tt 2c0 BcrF S TAE o 4 o UP Lt ?E S W E: 'ri - K.?6+-? W 4C A "Ay 70 -P,4d , IN ? S\ 6Y ICO OA) TD A -3> E3T Cou j S L..,j & scav%ca 1 r/ I.4b pE-s 7!4A-t' Lu ??rJ?4h/c?/ ? i? s???I( ?1 eo A.?y JS • ?1A ci F„--'AkJ CI,l?L GKvvP ?*^( L1C ,1IcY 1z Ts d vie 5 , A410- W coo po Box 26` o q at 6 Sys ?0 LFa ?s -7 7 o WHEREFORE, Defendant requests that: 1 - 1. Plaintiff takes nothing by way of his complaint; and 2. For Defendant's costs of suit. Dated: 2/3/10 Signature Printed Name Defendant in Pro Per m Avv C- D,J f1,, a???ti.w.o CA U50 / , A5?__ (2 I b fib? s (moo 11 111??«?kC ! t? L (t L S s Col TVZw ?J 'R,,, IG rPLA k -,J F l K (e0 tZ IT--S SC-cc 7D<< on, i r, 5 -? LA- 1,1 1 l tC ?.J T14-L__._? cs ?? n W 1 rsL (? o "16, N2 r e S A-a iE T c. 5 L-TitE L 11 s r _T 3 ?.,? 2i „/ C???„e r3 n-? rZ ,J a T C3 y L ?l _ o L, n p rJ - PLC. 1" G P Y`??U '? ? ?^? ? ?3 ?, T 1 T? T"om"-5 ?nJ y Ti ? ? o f (? ?"2-? ? ? (?j?n??? 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MI a vC?Cf? ? ,,,1 -_r W S , i ?- ??U C ? oj ? ? ???.- C.-P 44 --Y'Ft' 1 ?f;? n +J t.) n.? ?2 5?/ C l -?' ??Z???? .? 1„ .t L y •-J LE C> n (> vJ y Kin ?- S ??G l? ? ?-1?ZU ?"? C ---1,?;??? h? ? ??4? rj -_A t t\ J? 'nom ??-Y1 . S c? +? R? ?,-? (t?-?-w? ` r. i "?-? -- I-T ?) 1 T1?? c, ri ag= ov 6 (.z.-, Co 1 t'??Lyk tn.l I ? ? ?h?t-f J?. y.J?? _?(..L _?C.-fl y •'J ? ??q?C2.--'(7 ?b Tl-?-i S o "tom' C?? ?T Cep,-LLD i? b2 ??? Our file No.: 245500 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION ) BANK ) Plaintiff, ) VS. ) GLADYS LEWIS ) Defendant. ) 2014 MAR -? PM 2' 32 ?Et?NS'?"?-VA, r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 10-368 Civil Action ANSWER TO NEW MATTER Plaintiff, AMERICAN EXPRESS CENTURION BANK, by and through their attorney, answers the following New Matter: 1. Denied. Credit card arbitration provisions are no longer valid. 2. Denied. Defendant owes the amount claimed in the Complaint. 3. Denied. After reasonable investigation, answering Plaintiff is without knowledge or information sufficient to form a belief as to the truth or veracity of the averment set forth in Paragraph 3 and strict proof is demanded. WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection 1 BY: . Felzer, Esquire DATED: March 1, 2010 VERIFICATION Jordan W. Felzer Esquire hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information, and belief The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn falsification to authorities. Jordan W. Felzer, Esquire Attorney for Plaintiff DATE: March 1, 2010 Our file No.: 245500 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK Plaintiff, vs. GLADYS LEWIS Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 10-368 Civil Action CERTIFICATION OF SERVICE I, Jordan W. Felzer, Esquire, attorney for Plaintiff, certify that on March 1, 2010, I mailed a copy of the Answer to New Matter by Regular mail to GLADYS LEWIS 1809 HEISHMAN GDNS CARLISLE, PA 17013 LW-e-Felzer, Esquire Attorney for Plaintiff Date: March 1, 2010 AMERICAN EXPRESS IN THE COURT OF COMMON PLEAS OF CENTURION BANK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 10-368 CIVIL GLADYS LEWIS, Defendant IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMEI'h1T BEFORE HESS, P.J. AND MASLAAND, J. ORDER AND NOW, this day of August, 2010, the motion of the plaintiff for summary judgment is DENIED. BY THE COURT, d Benjamin J. Cavallaro, Esquire For the Plaintiff "'Gladys Lewis, Pro Se Defendant Am 41&.5 At&• ed P-9L AMERICAN EXPRESS IN THE COURT OF COMMON PLEAS OF CENTURION BANK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 10-368 CIVIL GLADYS LEWIS, Defendant IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS P.J. AND MASLAND J. OPINION AND ORDER In this case, the Plaintiff is American Express Centurion Bank, c/o Apothaker & Associates, P.C., located at 520 Fellowship Road C306, Mount Laurel, NJ 08051. (Plaintiffs Complaint, filed Jan. 14, 2010, para. 1). Defendant is Gladys Lewis, an adult individual residing at 1809 Heishman Gardens, Carlisle, PA 17013. (Plaintiff s Complaint, para. 2)'. Through a credit agreement Plaintiff extends credit to its customers in consideration of the customer's promise to repay in full any outstanding balance plus interest incurred. (Plaintiff's Complaint, Exhibit A). Plaintiff and Defendant entered into a credit agreement wherein Defendant was issued a credit card with an account number of 3737-426479-31001. (Plaintiff's ',Complaint, para. 3). On January 14, 2010, Plaintiff filed a civil complaint against Defendant in which Plaintiff alleged that Defendant's account was in default with an unpaid balance of $14,845.80. (Plaintiff's Complaint, para. 5). On February 4, 2010, Defendant filed an Answer and New Matter with the Cumberland County Prothonotary's Office. (Defendant's Answer, filed Feb. 4, 2010). In Defendant's Answer and New Matter, Defendant asserts an affirmative defense entitled "Agreement to Arbitrate" wherein she quotes a portion of the aforementioned credit NO. 10-368 CIVIL agreement between Plaintiff and Defendant. (Defendant's Answer, para. 1). The credit card agreement contains a broad arbitral clause which reads, in pertinent parts, as follows: Arbitration Purpose: This Arbitration Provision sets forth the circumstances and procedures under which Claims (as defined below) may be arbitrated instead of litigated in court. Definitions: As used in this Arbitration Provision, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to your Account, this Agreement, the Electronic Funds Transfer Services Agreement, and any other related or prior agreement that you may have had with us, or the relationships resulting from any of the above agreements ("Agreements"), except for the validity, enforceability, or scope of this Arbitration Provision or the Agreements.... Initiation of Arbitration Proceeding/ Selection of Administrator: Any Claim shall be resolved, upon the election by you or by us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitrati on organization to which the Claim is referred in effect at the time the Claim is filed (the "Code"), except to the extent the Code conflicts with this Agreement. Claims shall be referred to either JAMS or the American Arbitration Association ("AAA"), as selected by the party electing to use arbitration. If a selection by us of either of these organizations is unacceptable to you, you shall have the, right within 30 days after you receive notice of our election to select the other organization listed to serve as arbitration administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: • JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614; website: www.jamsadr.com. • AAA at 335 Madison Avenue, New York, NY 10017; website: www.adr.org. Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Flederal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAAt')... The arbitrator's decision will be final and binding, except for any right of ',appeal provided by the FAA.... (Plaintiff's Complaint, Exhibit A). Paragraph 2 of Defendant's Answer contains a "Second Affirmative Defense" alleging the "account balance claimed by plaintiff is not accurate and the total amount that is owed, if any, is in dispute." (Defendant's Answer, para. 2). Defendant's Answer contains 'a "Third 2 NO. 10-368 CIVIL Affirmative Defense" citing "Financial Hardship," and alleges that she does not have sufficient funds to repay the full amount. (Defendant's Answer, para. 3). Attached to Defendant's Answer is a document entitled "Motion to Compel Arbitration." (Defendant's Answer, attachment 1). Contained within this attachment is Defendant's request to compel arbitration citing the language of the broad arbitral clause quoted above, Id. Plaintiff American Express filed a Motion for Summary Judgment. (Plaintiffs Motion for Summary Judgment, filed April 22, 2010). The case was listed for oral argument and arguments were heard. At oral argument, Plaintiff s counsel suggested that as a', result of the initiation of judicial proceedings, Defendant is now precluded from filing a motion to compel arbitration. The issue presented is whether the initiation of judicial proceedings precludes a party from thereafter asserting a contractual right to seek arbitration pursuant to a valid contractual agreement between the parties. For the reasons which follow, we are satisfied that the defendant is not precluded from seeking arbitration at this stage of the proceedings and consequently, summary judgment cannot be granted. Both federal and Pennsylvania law provide for the enforcement and validity of agreements to arbitrate. See 9 U.S.C.A. § 2; 42 Pa. C.S.A. § 7303.1 The FederalArbitration Act (FAA) governs arbitral clauses which involve interstate commerce. The United States Supreme Court has interpreted the FAA so as to preempt any state statutes which are desigMned to limit or ' A written agreement to subject any existing controversy to arbitration or a provision in a written agreement to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity relating to the validity, enforceability or revocation of any contract. 42 Pa.C.s.a,. § 7303. 3 NO. 10-368 CIVIL restrict arbitral clauses, preclude their use in certain types of contracts, or prohibit the enforcement of 9 U.S.C.A. § 2. Perry v. Thomas, 482 U.S. 483, 107 S.Ct. 2520 (1987); Southland v. Keating, 465 U.S. 1, 12, 104 S.Ct. 852, 858-59. It is well settled that the driving force behind the FAA is that arbitration is a matter of contract. Rent -A-Center, West, Inc. v. Jackson, 130 S.Ct. 2772, 2776 (2010). Section 2 of the FAA provides as follows: A written provision in...a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract ... shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. 9 U.S.C.A. § 2. Section 2 is a Congressional declaration of liberal federal policy favoring arbitration agreements, notwithstanding any substantive or procedural state policies to the contrary. See Moses H. Cone Memorial Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24-25,103 S.Ct. 927 (1983). "The FAA thereby places arbitration agreements on an equal footing with other contracts ...and requires courts to enforce them according to their terms." Rent -A-Center, 130 S.Ct. at 2776 (citing Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440, 443, 126 S.Ct. 1204 (2006); Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ., 489 U.S. 468, 478, 109 S.Ct. 1248 (1989)). Pennsylvania policy is entirely consistent with the United States Supreme Court rulings; our courts having held that agreements to arbitrate are to be equated with all other contracts and interpreted and enforced as such. McNulty v. H&R Bloch Inc., 2004 Pa. Super. 45, 117, 843 A.2d 1267, 1271 ("The FAA merely placed arbitration agreements on equal footing with other contracts."). In Pennsylvania, the arbitrability of an issue is a matter of law for the court to decide. McNulty, 2004 Pa. Super. 45, 118 (citing Huegel v. Mifflin Const. Co., Inc., 2002 Pa. Super. 94, 4 NO. 10-368 CIVIL 16, 796 A.2d 350, 354). "To determine whether the claim is subject to arbitration the court engages in a two-prong analysis. First, does a valid agreement exist and second is the dispute within the scope of the agreement." Id., (citing Keystone Technology Group, Inc. v. Kerr Group, Inc., 2003 Pa. Super. 199, 110, 824 A.2d 1223, 1227). Furthermore, it is well settled that "[t]he scope of arbitration is determined by the intention of the parties as ascertained in accordance with the rules governing contracts generally." Pittsburgh Logistics Systems, Inc. v. Professional Transp. and Logistics, Inc., 2002 Pa. Super. 227, 16, 803 A.2d 776, 779 (citations omitted). . Importantly, the initiation of judicial proceedings by a plaintiff against a1defendant to a civil suit does not preclude that defendant from seeking to assert a contractual right to arbitrate a dispute that is within the ambit of the arbitration agreement, and it does not necessarily act as a waiver of even a plaintiff's right to seek dispute resolution through arbitration. Keystone Technology, 2003 Pa. Super. 199, 15. Indeed, the Superior Court has noted that, "[g]enerally it is the defendant who seeks to invoke and enforce an arbitration provision in a contract after having been hailed to the civil courts by the plaintiff." Keystone Technology, 2003 Pa. Super. 199, 16 (emphasis added). It is, therefore, not unusual for a civil defendant to seek a motion to compel arbitration after having been called to court. Moreover, a waiver of a contractual right to arbitration is not one which should be easily determined by a court. "[A] waiver of a right to proceed to arbitration pursuant to the term of a contract providing for binding arbitration should not be lightly inferred and unless one's conduct has gained him an undue advantage or resulted in prejudice to another he should not be held to have relinquished the right." Kwalick v. Bosacco, 329 Pa.Super. 235, 238, 478 A.2d 50, 52 (1984). This is because our courts our courts have long favored the settlement of disputes 5 NO. 10-368 CIVIL through arbitration when parties have previously so agreed by contract. Goral v. Fox Ridge, Inc., 453 Pa. Super. 316, 321, 683 A.2d 931, 933 (1996). Applying the foregoing principles to the case sub judice, it is clear first that a valid agreement does exist. Neither party attempts to deny the validity or enforceability of the credit agreement, and it is based on this very contract that Plaintiff seeks to obtain repayment of the balance of the credit card. Second, it is clear that this dispute is within the scope of the arbitration agreement. The arbitral clause contained within the credit agreement is broad; "Claim" is intended to cover "any claim, dispute or controversy' between you and us arising from or relating to your Account, this Agreement... and any other related or prior agreement that you may have had with us, or the relationships resulting from any of the above agreements ("Agreements"), except for the validity, enforceability or scope of this Arbitration Provision or the Agreements." (Plaintiff s Complaint, Exhibit A) (emphasis added). The contract between the parties reveals a clear intention to arbitrate disputes arising out of the credit agreement. Thus, even if otherwise appropriate, the grant of summary judgment at this juncture would be improper. ORDER AND NOW, this day of August, 2010, the motion of the plaintiff for summary judgment is DENIED. BY THE COURT, Kevin A/Ress, P. J 6 Our File No.: 245500 AMERICAN EXPRESS CENTURION BANK Plaintiff VS. GLADYS LEWIS Civil Action Defendant ) c C) MW Ze =--n PRAECIPE FOR APPOINTMENT OF ARBITRATORS -urn TO THE HONORABLE, THE JUDGES OF SAID COURT: {? r' =:C.) _ Benjamin J. Cavallaro, Esquire, counsel for the Plaintiff in the above action, respectfully r ends th m 1. The above-captioned action is at issue .,. _C 2. The claim of Plaintiff in the action is $14865.80. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff Benjamin J. Cavallaro, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. November 19, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-368 Respectfull Submitted, 00 ? at 0.0 4014 g533 enj 1 vallaro, Esquire ?la?j1?1? ORDER OF COURT AND NOW, , 20-, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action as prayed for. By the Court, Our File No.: 245500 AMERICAN EXPRESS CENTURION BANK Plaintiff VS. GLADYS LEWIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1 NO.: 10-368 Civil Action Defendant ) C o MW m PRAECIPE FOR APPOINTMENT OF ARBITRATORS if =? t o TO THE HONORABLE, THE JUDGES OF SAID COURT: '?? z-n Z r? _ respectfull counsel for the Plaintiff in the above action Esquire Benjamin J. Cavallaro y reiRp_ enis th rn , , , 1. The above-captioned action is at issue M 2. The claim of Plaintiff in the action is $14865.80. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff Benjamin J. Cavallaro, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. November 19, 2010 Respectfull Submitted, CL 86,33 enj 1 vallaro, Esquire ORDER OF COURT .4 A AND OW,p ld,Q?/ , 20/6 , in consideration of the foregoing petition, Esq., and I All C-01 AA? p Esq., and /yL e . Esq., are appointed arbitrators in the a ctioction a as prayed for. r-3 -u r n i ? o CIO t'" rV%itt6l )> C) ///? Tyry1 . ?? 0 By the Court, C= W ?rn //.{ . i 't a Azy ?(y..??n D ' lklaI =rV1