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HomeMy WebLinkAbout05-2432 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN BANK, U.S.A, NA s/i/ilt BANK ONE DELAWARE, NA, Petitioner, No. ()S--d-4J~ C~QL~~ vs. NANCY GEMBUSIA, PETITION TO CONFIRM ARBITRA nON AWARD AND ENTER JUDGMENT THEREON Respondent. FILED ON BEHALF OF: Petitioner COUNSEL OF RECORD OF THIS PARTY: William T. MoIczan, Esquire PA LD_ #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #04216766 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN BANK, U.S.A, N.A. s/ililt BANK ONE DELAWARE, N.A., No. OS- {!{~~l ~W-~ Petitioner, vs. NANCY GEMBUSIA, Respondent. PETITION TO CONFIRM ARBITRATION A WARD AND ENTER JUDGMENT THEREON AND NOW, comes Petitioner, Chase Manhattan Bank, U.S.A., N.A., s/i/i/t Bank One Delaware, N.A., by and through its counsel, William T. Molczan, Esquire and Weitman, Weinberg & Reis, CO., loP.A., and files the within Petition to Confirm Arbitration Award and Enter Judgment thereon pursuant to the Pennsylvania Uniform Arbitration Act 42 Pa. C.S.A. S 7317. In support thereof, Petitioner avers the following: L Petitioner, Chase Manhattan Bank, U.S.A., N.A., s/i/i/t Bank One Delaware, N.A., is a corporation located in Wilmington, Delaware. 2. Respondent is an adult individual with a last known address of 3510 Raintree Lane, Mechanicsburg, P A 17050. 3. On or before August 27, 1997, Petitioner and Respondent entered into a Cardmember Agreement for a credit card bearing the account number 5417122655410387. Said . Agreement contains a provision to settle by arbitration any claim, dispute or controversy arising from or relating in any way to the Agreement. A true and correct copy ofthe pertinent part of the Agreement is attached as Exhibit "A" and made a part of this petition. 4. On or around April 13, 2004, Petitioner submitted its dispute with Respondent to arbitration as provided in the arbitration clause of the Agreement. 5. After notice was properly given to all the parties to the arbitration, the matter proceeded in accord with the applicable National Arbitration Forum Code of Procedure before Jared D. Simmer, Esquire, as arbitrator. A true and correct copy of the proof of service to Respondent is attached as Exhibit "B" and made a part of this petition. 6. On or about February 8, 2005, in the state of Pennsylvania, the arbitrator made his award determining all issues submitted to him, and awarded Petitioner the sum of$14,715.71. A signed copy of the award, duly acknowledged, was served on the parties on or about February 8, 2005. A true and correct copy of the award is attached as Exhibit "C" and made a part of this Petition. 7. More than thirty days have passed since entry of the arbitrator's award, and Respondent has taken no action to contest its validity. WHEREFORE, Petitioner, respectfully requests that this Court enter an Order confirming the arbitration award, and that judgment be entered against Respondent for the full amount of the award, plus interest at the statutory rate of 6% per annum from the date of the award, costs and such other relief as the Court deems appropriate. Respectfully Submitted: WELTMAN, WEINBERG & REIS, CO., L.PA By: M William T. M czan PA 100. #47437 WELTMAN, WEINBERG & REIS CO., L.PA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 CERTIFICATE OF SERVICE The undersigned hereby certifies that the Sheriff of Cumberland County is currently attempting service of the within Petition to Confirm Arbitration Award and Enter Judgment Thereon at the below address. Nancy Gembusia 3510 Raintree Lane Mechanicsburg, P A 17050 WELTMAN, WEINBERG & REIS CO., LP.A. By: William . Mol zan, Es ue PA LD. #47437 WELTMAN, WEINBERG & REIS CO., LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 I i IMPORTANT NOTICE FOR BANK ONE CREDrT CARD CUSTOMERS ABOUT CHANGES TO YOUR BANK ONE CARDMEMBER AGREEMENT This Notice informs you of changes to )'Our BILl'lIc. One Cudmembcr AJrec:ment. SUMMAJl.Y OF CJ-V.NGE. A' provi5ion providing ~[ any disputes between you and BurJe One arc to he: resolved by arbimllion is being added to rOut Bank One C:udmembc:r Agrumt:-nL EfFECTIVE DAWNoN.AcCErTANCE INSlXucnaNS. The chv.ges in ternu: summamcd ilboyc wi{( become cR"eaivc: March I, I C)98. The: n~ remu will apply 10 cum-nt and future: b:lJanccs in both active: accounts" and acc(}Unu dut no JonF Juvc: charge privik&cs- If you de not .....ish to accept the: nt'W rerml., you rrnl5l: noti.fy us in writing of your dc:e~ion by February 28. 1998. rleuc include your namc:addn:u and account number on un: correspondence and m2i1 it (0: Bank One. P.O. Box BGSO. Wilmington. Delaware: 19899.86S0. Giving w mis notic:c wiD constitute: your e1eclion to Cllncd your cn.trge pri..i~ (if not P/'rVj()usJy cancck-.d), bur you may payoff any C.>ucm,nding unpaid b.Jancc of your Account lmucr your prior terms. AJ...{ENDMENTS TO URDME.\.18ER AGItEEMENTS: I n order 10 implemenl the above-described t:f,;I.l\ge in tcrms. che Following ehanga. U lIPplicable. will be mllde 10 your Cardmcmbc:r Agreemenc A. Iml"'ediardy a.her the paf2gr.lph entitled "Speci<al Rule ForCredir Cud Purch.::uc:s.M the rollo.....jng paragraph will be: .added: ARaf11t.ATION: An~' d,l.irn. dispure or controvt:rsy. {'"ClaimMj byeirhet you or I.l5 il:gainSl: Ihe- other, ..r -llr-'iruc rhe empll>yecs., agenu or :wigns or the ocher. arising ';.om ur ,cuting in "'flY way 10 IhiJ; Agreemenr or your Accoutlt, induJing (~I-lims tcprding the appliQbiliry o( rhis arbitrarion dilU51: or the ,....rtdi~.. of Ihe entire ..s..gr~menr. shall he resolved by binding arbilr:nion b~' the :\:...tion.l Arbitration Fon.rm. under rhe Code or rrocedure in dr~'\:1 .11 Ihe lime thc Claim ~ filed. Rulc:l and (orms of the N:l!ionu.o\mltrJ{jfln F<lrum rn.~r be- c.mr",inc-d.lnd Cbims may be filed at any S.uiun.ll Arhirr:,rion F,)f1l1Tl ufficc. _.arb_forum..com. or P.O. Bot ')Ol')!. ~linncJp'llis. ~I;nnewta -;';40'). rdephone 1-&00-474- 1.371. .'ny ;Hhllr.lli,ln hCJrinF-.I1 .\"hic:h ynu Jppcar ....iII [;ake plJcC' ;at a loc:uiol:'l ....ithin Ihe feJ..r,l.1 'uJicl.J.1 Jt~lri~'t Ih.u includes your Dilling ",Jdrcu ill Ihr." lime lhe Cl.wn Ii liln!. l'hh .Irhifrarion JgreC'lTlenr IS m~Jr." f"unu;ltu to J H.lII~,'flU" In,...h'II\~ inlr."T\[;Ht cnmmr."rcr.". Jnd th:tJI he- go,"cme-J h... rhe- F,.J"TJI .-\rhllr.Jlinn .o\C:I." L'.S.C if 1.lfI. JuJgmcl'll upon ilny :lr"';ITJIIlU'I ,I.....lrd mJ~- ~ rmlere<.J in ;In~- (UlIt! luving jurisdictiun. .\1 )\,}\'l I.;!'l~ I Page 5 of 12 f E}{HiBIT \ . .------:"1 !l;~ This arbiu::ation :tpttmcnr ilPplics ro all au.u now in cWtCllD: Dr th.u mllY arUc in UK NruJ"e accpt for. (i) C1a.inu: thai. )'Ou or we hilvc individuaJly filed in II court before the cIii::ai.c. dale. of the. amendmenl of the. Agra:menl lidding this arbimoon agrCxmcnl. (ii) CI.WJu advUlc.ed in V'IT judiWJ d:u:s acr.ioN that iu:vc bo:n find,; a:ni6e:d as cWs actions . Uld wh~ nOlice of dau mcmbcnhip has h<<n ~ as dim:ted by the coun before me dfeaivc cUte or the. amend.oc:nt or me Agrc:ment adding this arbimoon avccment; and Ciii) OaimJ by or agaUu:1 U1Y u"diliated third party to whom O'll'ncrmip of your Aa:ount may be wigned after dc;f..uh (unlas that party dec:a to arbitnle). Nothing in this agreement sha.ll be corurrued co prrvenuny p:ny'J we o((or ..dvanc::menl or any Oainu. dd~. or olscu: in) ba.nkruplq or repossession. replevin. ;udicial rorcd~ul't Ill: any other prejudgment or provisionzJ remedy rdilling 10 any COUilU"~ JeCUriry or p~ny inl.c:rc:s1S for c:onU'aC"uw dc:bu now or hereaFter ownESl b, either- p:u:ty 10 the: other undel this agrcc:ment. . IN THE AllSENCE OF THIS ARBITRATION AGREEMENT. YOU ANO WE MAY OTHERWISE HA VI; HADA RIGHT OR OPPORTUNITITO LmGATECWMSTIlROUGH A COURT. ANDIOR TO PARTICIPATE OR BE REJ>WENTED [N UTIGATION FILLD II'tCOURT BY OTIlERS. BUT EXCEPT AS OTHERWlSE PROVIDED ABOVE. ALLQAlMS MUST NOW BE RESOLVED THROUGH ARBITRATIOI'l THE FEDERAL EQUAL CREDIT OPPORlUNlTI ACT PROHIBITS CREDITORS FROM DISCRlM[NATlNGAGAlNST CREDIT APPLICANTS ON THE BASIS OF RACE. COLOR. RELIGION. NATIONAL ORIGIN. SEX. MARITAL STATUS. AGE (PROVIDING THE APPLICANT HAS THE CAl'ACITITO ENTER INTO A BINDING CONTRACT!, BECAUSE ALLORPART OF TIlE . APPLICANTS INCOME DERIVES FROM ANY PUBLIC ASSISTANCE PROGRAM, OR BECAUSETHEAl'PLlCANT HAS IN GOOD FAiTH EXERC[SED ANY RJGHTUNDER THE CONSUMER CRED[T PROTECTION Acr. THE FEDERAL AGENCY THAT ADMINISTERS COMJ>W.NCEWlTH THIS U.W CONCERN[NG THIS CREDITOR IS, THECOMl'TROLLEROF TH E CLiRRENCY. CENTRAL DISTRlCfOFFICE. ONE F[NANCIAL PU.CE. 440 SOUTH LASAlll. SUITE 2700. CHICAGO. IL 60605. ThiJ ""f1U irrfirnu JDU of pnfint rhtin~J tl/ JDU Fir'll USA urJmt'"lkr Agr-((T'I("flt. rlrAJr 1:(r, ;1 wirhJOwr '"liNd m.l/SA ur'm~,," Ar-1t"1'l'll"'ru. - - BANKEONE. ADV239 12197 r Page 6 of 12 I fe(Ex. Express Fed Ex Express Customer Support Trace 3875 Airways Boulevard Module H, 4th Roor Memphis, TN 38116 U.S. Mail: PO Box 727 Memphis, TN 38194.4643 Telephone: 901.369-36OQ 5/24/2004 Dear Customer: Here is the proof of delivery for the shipment with tracking number 790116768120. Our records reflect the following information. Delivery Information: Signed For By: 4631908 A signature is unavailable online for this tracking number. Please use the fax request option or contact Customer Service for further investigation at 1"sOO-Go-FedEx. Delivery Location: 3510 R!).42%% L. Delivery Date: 4/16/2004 Delivery Time: 11 :04 Shipping Information: Tracking No: 790116768120 Recipient: NANCY GEMBUSIA 4249440 3510 RAINTREE LN MECHANICSBURG, PA 17050 US Shipment Reference Information: 4249440 Ship Date: 4/14/2004 Shipper: JAMES D. BRANTON;...ESa. MANN BRACKEN LLL. 2727 PACES FERRY RD SE BL ATLANTA, GA 303394053 US Thank you for choosing FedEx Express. We look forward to working with you in the future. Fed Ex Worldwide. Customer Service 1-800-Go-Fed Ex(BJ Reference No.: R2004052400139526770 E}{rjiBi,. a III NATIONAL ARBITRATION FORUM @ Bank One Delaware, N.A C/O Mann Bracken, LLC One Paces West 2727 Paces Ferry Road, Suite 1400 Atlanta, GA 30339 CLAIMANT(s), AWARD RE: Bank One Delaware, N.A. v Nancy Gembusia File Number: FA0404000252763 Claimant File Number: 5417122655410387 Nancy Gembusia 3510 Raintree Ln Mechanicsburg, PA 17050 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: I. That no known conflict of interest exists. 2. That on or before 04/13/2004 the Parties entered into an agreement providing that this matter shall be resolved through binding arbitration in accordance with the Forum Code of Procedure. 3. That the Claimant has filed a Claim with the Forum and served it on the Respondent in accordance with Rule 6. 4. That the matter has proceeded in accord with the applicable Forum Code of Procedure. 5. The Parties have had the opportunity to present all evidence and information to the Arbitrator. 6. That the Arbitrator has reviewed all evidence and information submitted in this case. 7. That the information and evidence submitted supports the issuance of an A ward as stated. Therefore, the Arbitrator ISSUES: An Award in favor of the Claimant, for a total amount of $14,715.71. Entered in the State of Pennsylvania 'oolD s;91:- Arbitrator ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly entered.and the Forum hereby certifies that a c9P:{~!rit.IA~rQ was sent by first class mail postage prepaid to the Parties at the above referenced addreS'~,.c>LIhp~.epre\;entatives, on :;:1 Illlhil! t<lllll:~"; \; \U -=~~)WI_ /.~;/ \~'. ,-./ \~""'~ ",//'~7:/ ~\ "~~i~~~~~ ~...... - - ,,-,/ Honorable Harold Kalina, Ret. Dimto'Ej{HiaiY 3 Date: 02/08/2005 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he is an attorney for the Petitioner herein; makes this Verification based upon the facts as supplied to him by the Petitioner and/or its agents and because the Petitioner is outside the jurisdiction of the court and the Petitioner's Verification cannot be obtained within the time allowed for filing of this petition, and that the facts set forth in the foregoing petition are true and correct to the best of his knowledge, information and belief. W~:Z:~- Attorney for Petit oner .-' 0 0 ,,":'"' -jC. C:':" -11 0 c~ en .-. e 70 1\- lJ( -- -:L1'1 fY\f-;; ~ V1 -~" -oi-,l' ~n"-;) rs U'1 - i'-.>.(~) " - C> -: -:. \" -c' , ';,,~ 1:. ~ ::-~~ --.n-; v" (:'? '''\ ()J --''''' .0 - - ~~2 V\ -C 1'-' -t:; :t> ---r SHERIFF'S RETURN - REGULAR CASE NO: 2005-02432 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN BANK USA NA VS GEMBUSIA NANCY CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within PETITION was served upon GEMBUSIA NANCY the RESPONDANT at 1928:00 HOURS, on the 18th day of May at 3510 RAINTREE LANE , 2005 MECHANICSBURG, PA 17050 by handing to JOSEPH T GEMBUSIA, HUSBAND a true and attested copy of PETITION together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.36 .00 10.00 .00 38.36 r~".<,-z;.... ../& -~....-:"'.c R. Thomas Kline ' me this ;I. 0 '=' day of 05/19/2005 WELTMAN ~IS ?4L'~ By~ ..;t!?' /1n ,~tI ------~ , Deputy Sheriff Sworn and Subscribed to before "1'h.J ;;J..()-() ~/ A. D . " In . ~t>< C d'~" ~ rothonotary . ( CHASE MANHATTAN BANK, U.S.A., N.A. s/i/i/t BANK ONE DELAWARE, N.A., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. NANCY GEMBUSIA, Respondent NO. 05-2432 Civil Term PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for Defendant, Nancy Gembusia, in the above-captioned case. KEEFER WOOD ALLEN & RAHAL, LLP Date: bIer/os BY:~ ford Dorrance - 1.0. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Respondent) . CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail, Postaqe Prepaid Addressed as Follows: william T. Molczan, Esquire WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (Attorneys for Petitioner) Dated: b~/o) 6J~ Bradford Dorrance ~ = <.i' t_ ".- -" ~~...- - J..-:' <:) -n ~""\) rf'r:: -aIQ -;ll: C?C} --""1:"\ .r>'\~ -'':') c) -J r~1 \~~ ' ~-G '~ ~. (8 .' .- Cf't IN THE COURT OF COMMON PLEAS OF CUMEBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION CHASE MANHATTAN BANK, U.S.A,NA S/I/I/T BANK ONE DELA WARE, NA Petitioner, No. 05-2432 Civil Term vs. PRAECIPE FOR DETERMINA nON NANCY GEMBUSIA Respondent. FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R. Bibler, Esquire P A I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.PA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04216766 . ..... IN TIlE COURT OF COMMON PLEAS CUMEBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION CHASE MANHATTAN BANK, U.S.A, N.A. SIIIIIT BANK ONE DELAWARE, N.A. Petitioner vs. Civil Action No. 05-2432 Civil Term NANCY GEMBUSIA Respondent. PRAECIPE FOR DETERMINATION Kindly forward the Petition to Confirm Arbitration Award, which was filed on May 11,2005, to a Judge for decision. WELTMAN, WEINBERG & REIS CO., L.P.A. BY'2X ( - Benjamin R. Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04216766 0 1'-' () C:::' ~;; t;;'::'> -n .c, <J' ~....', t_ <- (7'- c.:: ....... (.f~ :g, ( <- f:'-;' ~/' ::c;\ c,,) -(. -' WWR# 04216766 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN BANK, U.S.A, N.A. s/ililt BANK ONE DELAWARE, N.A., Petitioner, No. Or;; - ~L{2J-.... CU',L'-ri vs. NANCY GEMBUSIA, Respondent. RULE AND NOW, this ZO~ day of ~ 200~ upon consideration of the foregoing petition, it is hereby ordered that (1) a Rule is issued upon the Respondent to Show Cause, in the form of written response, Why the arbitration award should not be confirmed and judgment entered; (2) the Respondent shall file an Answer to the Petition within I)' days of service upon the Respondent; (3) the petition shall be decided under Pa.R.C.P. No. 206.7; (4) discovery shall be completed within forty five (45) days of the service upon Petitioner of the Answer to the Petition; (5) the Petitioner shall file a brief in support of the Petilion within twenty (20) days after the discover deadline. Any opposing party shall file a responsive brief within ten (10) days of service of the Petitioner's brief. After all briefs have been filed, any party may file a Praecipe for assignment to a judge. (6) the parties may agree to amend the above deadlines in writing. (7) notice of the entry of this order shall be provided to all parties by the Petitioner. J. \If Nv/Y1A ~ ,;';\; ~\~ :1,"~ , 'I. ,~"". ..,',.,,,'" /......J., <',:11',.',' .:/'~t IV IS: llIP! 02 IOrsOOl ;'UlilONOH10dd 3Hl :10 3:JiHO"0311:J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN BANK, USA, N.A. s/ililt BANK ONE DELAWARE, N.A., Petitioner, No. 05-2432 Civil Term vs. AFFIDAVIT OF SERVICE FOR RULE RE,TURNABLE NANCY GEMBUSIA, Respondent. FILED ON BEHALF OF Petitioner COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA J.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, P A 15219 (412) 434-7955 WWR#042 I 6766 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN BANK, USA, N,A, s/ililt BANK ONE DELA W ARB, NA, Petitioner, No, 05-2432 Civil Term vs, NANCY GEMBUSIA, Respondent. AFFIDAVIT OF SERVICE FOR RULE RETURNABLE Before me, the undersigned authority, a Notary Public, in and for said County and State, personally appeared William T, Molczan, Esquire, known to me, who being duly sworn according to law, deposes and says that he served a copy of the Rule on the Respondent's Counsel, Bradford Dorrance, Esquire, on July 26, 2005, at his last known address 01'210 Walnut Street, P,O, Box 11963, Harrisburg, PA 17108. The Rule Return Date is August 10,2005, A true and correct copy of the cover letter which was sent to Respondent's Counsel, Bradford Dorrance, Esquire, enclosing a copy of the Rule Returnable is attached hereto, marked as Exhibit "I" and made a part hereof. Service of the Rule is deemed to be perfected as of July 26, 2005, the date of mailing. WELTMAN, WEINBERG & RBIS CO" L.P.A. By: &/fY~ William T, M01czan, E uire PA J.D, #47437 WELTMAN, WEINBERG & RBIS CO., L.P.A, 2718 Koppers Buildin~\ 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to and ~icribed before me this 05. ----'~.. ""/.t:..in~ f~'~ O,'N"OVATION O",OWTH,,""'SULT5 BURLINGTON, NJ 609,914.0437 CHICAGO, IL 847,940981:;1. CINCINNA.TI,OB 5lJ.123.2200 CLEVELAND, DB 2166851000 COLUMBUS, DB 6]4.228.7271. DETROIT, MI 248.362.6]00 PHILADELPHIA, FA 2~S.5991S00 WELTMAN, WEINBERG & REIS CO., L.P.A. AlTORNEVS AT LAW Z71l1Kopper,Buildina 436 Seventh AveDlle Piltsburc.h, Pennsylvania 15219 411.434.7955 www.weltman.com July 26, 2005 Bradford Dorrance, Esquire Keefer, Wood, Allen & Rahal 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108 Re: Chase Manhattan Bank vs. Nalllcy Gembusia Case No. 05-2432 Civil Term Our file No. 04216766 Dear Mr Dorrance: Enclosed please a Rule issued upon your cliemt to show cause why the arbitration award in the amount of $14,715.71 entered I~n February 8, 2005, should not be confirmed and judgment entered for the full amount of the award. N YO'ffi L-kimberly Coyne, Para Enclosure .~ Cl ~~_:\ f~,:;:) ,'.',-:~ C:'-'-\ --,:^'j r<l l') CHASE MANHATTAN BANK, U.S.A., N.A. s/i/i/t BANK ONE DELAWARE, N. A. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA petitioner v. NANCY GEMBUSIA, Respondent NO. 05-2432 Civil Term DEFENDANT'S ANSWER WITH NEW MATTER TO PETITION TO CONFIRM ARBITRATION AWARD AND TO ENTER JUDGMENT THE~REON 1. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the stated allegation, including whether plaintiff is a successor in interest to Bank One. 2. Admitted. 3. Admitted in part; denied in part. Paragraph 3 is denied to the extent it is at variance with the agreement, attached to the complaint and r.-.a~'ked Exhibit "A." Additionally, the agreement is between defendant and Bank One. 4. Admitted in part; denied in part. Denied that defendant believed the matter was submitted to arbitration. By letter dated April 13, 2004, plaintiff, by its attorneys, Mann Bracken, LLC, served on defendant a copy of its claim with the National Arbitration Forum. However, such letter proposed a settlement of defendant's account for 70 percent of the principal balance of $12,699.21. Attached as Exhibit "A" is a copy of Mann Bracken's April 13, 2004 settlement proposal. 5. Admitted in part; denied in part. Although notice was provided to defendant in April of 2004, defendant and her attorney reasonably believed that the matter would be submitted to arbitration only if the parties were unable to settle the claim. The parties thereafter attempted to negotiate a settlement. Attached as Exhibit "B" is a copy of an April 22, 2004 letter from defendant's attorney, Bradford Dorrance, proposing a 30 percent settlement of plaintiff's claim. After this letter was sent by Mr. Dorrance on behalf of defendant, Mr. Dorrance had numerous telephone conversations with plaintiff's representatives, exploring a possible settlement of the account for 50 percent of the current balance. Most recently, on December 30, 2004, Mr. Dorrance spoke with Katie Clark, a representative of plaintiff's law firm. During such conversation, the parties discussed plaintiff's 55 percent settlement offer ($7,003.00) co be paid in two payments over a three-month period. The proposed percentage settlement was based on the alleged principal balance of the claim (approximately $12,700.00). See paragraphs 4 and 6, which are incorporated by reference herein. 6. Admitted in part; denied in part. Defendant's undersigned attorney did not receive a copy of the award when it 2 was allegedly issued, and therefore was unable to protect defendant's right to contest the validity of the award. The arbitrator's award speaks for itself, and to the extent paragraph 6 deviates from the terms of the award or the parties' proposed settlement, it is specifically denied. By way of further answer, defendant and her attorney, Brad Dorrance, reasonably relied to their detriment on the parties' settlement being consummated, rather than plaintiff's proceeding through arbitration. 7. Admitted in part; denied in part. Defendant and her attorney, Brad Dorrance, reasonably and justifiably relied on the existence of a pending settlement between the parties. See paragraphs 4 and 6, which are incorporated by reference herein. WHEREFORE, defendant requests that the petition be denied and that the Court grant such other relief as it deems appropriate. NEW MATTER 8. The parties agreed to settle the above-captioned dispute, and such settlement should be enforced by this Court. 9. To the extent there was no implied-in-fact settlement agreement, defendant and her attorney reasonably and detrimentally relied on the parties' settlement negotiations and 3 pending settlement and did not take action in the arbitration forum based on that circumstance. 10. Alternatively, the arbitration award should be vacated or modified under 42 Pa. C.S. !l!l 7314, 7315, because the arbitrator and the plaintiff failed to comply with the cardmember agreement and the Pennsylvania Uniform Arbitration Act, 40 Pa. C.S. !l 7301 et sea. 11. Plaintiff violated the Fair Debt Collection Practices Act and has failed to notify defendant of her right to demand verification of the debt. 12. Chase Manhattan Bank was not a party to the Cardmember Agreement and does not have standing or privity to state a claim against defendant. WHEREFORE, defendant requests that the petition be denied and that the Court grant such other relief as it deems appropriate. Respectfully submitted, KEEFER WOOD J,LLEN & RAHAL, LLP Date: ~ l'1.-b ~ By: ~O;d~~~ I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Defendant) 4 ~ rn ~ Yr HEATH L ALLEN N. DAVID RAHAL CHARLES W. RUBENDALL II ROBERT L. WELDON EUGENE E:. PEPINSKY, JR. .JOHN H. ENOS m GARY E. FRENCH DONNA S, WELDON BRADFORD DORRANCE JEFFREY S. STOKES ROBERT R. CHURCH STEPHEN L GROSE R. SCOTT SHEARER ELYSE E, ROGERS CRAIG A. LONGVEAR ,JOHN A. FEICHTEL DONALD M. LEWIS III BRIDGET M. WHITLEY ELIZABETH ..1. GOLDSTEIN STEPHANIE KLEINFELTER BRADLEY A. WALKER KEEFER WOOD ALLEN & RAI;AL, LLP ATTORNEYS AT LAW 210 WALNUT STREET P O. BOX 11963 HARRISBURG. PA 17108-1963 WEST SHORE OFFICE: 415 F ALLOWFIElD ROAD CAMP Hill, PA 17011 17171612-5800 ESTABLISHED IN 1878 OF COUNSEL SAMUEL C, HARRY PHONE. 1717} 255-8000 E1N No. 23-0716135 www.keeferwood.com WRITER'S CONT ACT INFORMATION April 22, 2004 Phone No., (717) 255-8014 Fax No., (717) 255-8042 James D. Branton, Esquire MANN BRACKEN, LLC One Paces West Suite 1400 2727 Paces Ferry Rd. Atlanta, GA 30339 Re: Nancy and Joe Gembusia Bank One Delaware Account Your File No. : No. : ~;41 7122655410387 4249440 Dear Mr. Branton: Nancy and Joe Gembusia have retained our firm to explore settlement possibilities before resorting .to a Chapter 7 bankruptcy. Mr. Gembusia has sustained a serious spinal inj ury and has been in and out of the hospital five times during the past month. He is currently unable to work. Based on these unanticipated circumstances, the Gembusias propose a 30 percent lump-sum payment in full settlement of their Bank One account. please speak with your client and advise me of their final position. Thank you. Sincerely, KEEFER WOOD ALLEN & RAHAL, LLP By: Bradford Dorrance BD/ral cc: Mr. and Mrs. Joseph Gembusia Exhibit "A" - MANN BRACKEN, LLC, ATTORNEYS AT LAW M. DOUGLAS MANN (GA) W. CHRISTOPHER BRACKEN, III (GA) JAMES D. BRANTON (GA) PAULJ. GALLO (AL, GAl SCOTI A. KRAMER (MD, DC) MICHAEL CHABROW {MD, DC) ANDREW S. LERNER (MO) W. CHRlSTOPHER BRACKEN, IV (VA) JOSEPH COOLING (GA) OF COUNSEL WILLIAM J. LA YNG, JR. p.e. (GA) GEORGIA OFFICE: ONE PACES WEST, SUITE 1400 2727 PACES FERRY ROAD ATLANTA, GA 30339 VD, MD & DC OFFICE: 1953 GALLOWS ROAD SUITE 240 VIENNA, VA 22182 April 13, 2004 Nancy Gembusia 3510 Raintree Ln TELEPHONE: (800) 817-3214 FACIMILE: (678) 801-2355 EMAIL: ARBITRA TION@MANNBRACKEN.COM Mechanicsburg, P A 17050 WEBSITE: WWW.MANNBRACKEN.COM RE: ENCLOSED ARBITRATION CLAIM FORM & ORDER OF COMPROMISE FOR 70% OF YOUR BALANCE Our Client: Account Number: Our File No.: Bank One De1jlware, N.A. 5417122655410387 4249440 Dear Nancy Gembusia: We regret to have found it necessary to file the enclosed claim with the National Arbitration Forum in order to enforce the above-referenced claim of our client, Bank One Delaware, N.A. Although we have been unable to gain your assistance in reaching an amicable resolution of this matter, it is still possible to conclude this affair without the necessity of proceeding through the full arbitration process. We would like to offer you the opportunity to settle your accountfor 70% of your principal balance of 12699.21. We are still open to discussing with you suitable arrangements to satisfy your obligation to our client before this matter is presented to an Arbitrator for final disposition. If you would to arrange for a settlement of this claim, please contact us at 1 (800) 817-3214 during our hours of operation referenced below. This communication is an attempt to collect a debt and any information obtained will be used for that purpose Mann Bracken, LLC Hours of Operation: Monday through Thursday, 8:00 AM - 11:00 Plv! (EST) Friday, 8:00 AM - 5:00 PM (EST) Saturday, 8:00 AM - 5:00 PM (EST) Monday througb Thursday, 8:00 AM - 11:00 PM (EST) Sunday, 8:00 AM - 4:00 PM (EST) Exhibit "B" VERIFICATION I, the undersigned, hereby verify and state that: 1. I am counsel for defendant in the foregoing matter, and I am signing this verification in accordance with Pa. R.C.P. No. 1024(c). 2. The facts contained in the foregoing answer with new matter are true and correct to the best of my knowledge, information, and belief. 3. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 1;4904, relating to unsworn falsification to authorities. Dated: <:?/1<1 () ~ ~':~~_u.~ Bradford Dorrance CERTIFICATE OF SERVICI~ I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail. Postaqe preoai1 Addressed as Follows: william T. Molczan, Esquire WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (Attorneys for Petitioner) Dated: ,?(n_ / () ~ c~ ~~l Dorrance D ~: ...., ..::::;> c" 0;;;.1"1 """ c.~ G'"1 - cr> , c': -, ~':i .-<. -::J -,.~ ~ ~ -l :I:::!J (1'r: ~QrTl .:'J9 (>1-, ;,:'j-=-j'"\ ~.l.~ -j"\ ';20 /'.rn C) .....j ? !J. c.J1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN BANK, USA, NA S/i/M BANK ONE DELAWARE, NA, Case No. 05-2432 Civil Term Petitioner, vs. REPLY TO NEW MATTER NANCY GEMBUSIA, Respondent. FILED ON BEHALF OF Petitioner COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA. 1.0.#42524 WELTMAN, WEINBERG & REIS CO., L.PA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 VNVR# 04216766 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN BANK, USA, NA S/i//i/t BANK ONE DELAWARE, NA, Case No. 05-2432 Civil Term Petitioner, vs. NANCY GEMBUSIA, Respondent. REPL Y TO NEW MATTER AND NOW, comes the Plaintiff, by and through its attorneys, Weltman, Weinberg & Reis, and files the following Reply to New Matter: 8. The averments contained in Paragraph 8 of Defendant's New Matter constitute conclusions of law to which no response is required. To the extent that a response may be required, it is denied that the parties reached an agreement to settle this matter, and strict proof thereof is demanded. 9. The averments contained in Paragraph 9 of Defendant's New Matter constitute conclusions of law to which no response is required. 10. The averments contained in Paragraph 10 of Defendant's New Matter constitute conclusions of law to which no response is required. 11. The averments contained in Paragraph 11 of Defendant's New Matter constitute conclusions of law to which no response is required. 12. The averments contained in Paragraph 12 of Defendant's New Matter constitute conclusions of law to which no response is required. WHEREFORE, Plaintiff requests that this Honorable Court enter an order confirming the arbitration award, as demanded in its Petition herein. Respectfully submitte Jame . Warmbrodt PA I. .# 42524 We an, Weinberg & Reis, Co. L.P.A 27 8 oppers Building 4 6 eventh Avenue . sburgh,PA 15219 1I12) 434-7955 'NWR # 04216766 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to him by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. ,/ / CERTIFICATE OF SERVICE I, James C. Warmbrodt, hereby certify that a true and correct copy of the Reoly to New -31r1 Matter was served on Defendant's attorney by regular U. S. Mail, postage prepaid, this vi d., 01 {11~' , 2005, .dd'.'red " lo"o~. Bradford Dorrance Keefer, Wood, Allen & Rahal, LLP 210 Walnut Street PO Box 11963 Harrisburg, PA 17108-1963 7 () """ ~ c:? C.::::. c.;,., ~~ cJ' :r""" :? c:: ..,-_.--, (,;'-J rn? N -08 c.)er, Ul :.~C/ ., , ,:".) "].:) --,. .",C> '-'" (.~)rn \ "1.;;" 0 '-L1 \.D ~< PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and sul:mitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter far the nelCt Argmlent Court. -------------------------------------------------------.-------------------------------- CAPTION OF CASE (entire caption must be stated in full) C~ It'C'V'~i:f-e''l gO\~ (Plaintiff) vs. ~C() C-eiV\b05\~ (Deferrlant) No. (X( (0 d- Civil 19 {JO(5 1. State matter to be argued (Le.. plaintiff's motion for new trial. deferrlant's denurrer to canplaint. etc. l : 2. Identify counsel who will argue case: ~'^WC> (A.:l:n'Vlhttld 1:- ( a) for plaintiff: WilIti'ii8n, Weinberg I. ReIt Co., LP.A. Address: 2718 Ko\lIl8t'8 Steig. 436 7'" Avenue PlI\8bUrgh, PA 1~~9 (412) 434-7955 &d POlO (9:.-reVLO-.-- a\O Wc\'(\0t'23t- PJ80I I flc...) 3. I will notify all parties in writ~~~ (~~OLt this case has been listed for argunent. (b) far deferrlant: Address: 4. Argmlent Court Date: ~ o-fcX\&1&G- Dated: l'! /36 /o-r- v~/ t orney for /'ld-t ;'frif 0 r;;:; 0 ~; c;::;l -11 c...-t ,,", r-":i -'"(} \ N ~ ..,:;0- r:-? - c:J' 12. Chase Manhattan Bank IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Nancy Gembusi : NO. 05-2432 CIVIL TERM ORDER OF COURT AND NOW, October 20, 2005, by agreement of counsel, the above-captioned matter is continued from the October 20, 2005 Argument Court list. Counsel is directed to relist the case when ready. ~mes Warmbrodt, Esquire F or the Plaintiff --l firadford Dorrance, Esquire For the Defendant Court Administrator lkd By the Court, ,'-" ':"..~.l ---~--~---------- -_..._~-~~.---~--...._.__._._._------ ;f IN THE COURf OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANH/\TTAN BANK, USA FiD"! ff No. 05-2432 CIVIL V~, . PRAECIPE FOR SATISFACTION OF JUDGMENT NANCY GEMBUSIA Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: ,James C. Warrnbrodt PA I.D #42524 \NELTMAN, WEINBERG & REIS CO., L.P.A 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 \NWR#04216766 " i . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN BANK, USA Plain1iff Civil Action No. 05-2432 CIVIL NANCY i~'JF]vm J~ IJ\ Defendant pRAECIPE FOR SATISFACTION OF JUDGMENT (2, h,'cC's: of Hie undersigned attorneys for the Plaintiff you are directed to satisfy the above-captioned WELTMAN, WEINBERG & REIS CO., L.P.A. WNR #04216766 YLVANIA UhliCI ( "," .; i'~.\n\'sylvania Associaholl l"t: - riM ..- c c"