HomeMy WebLinkAbout05-4761IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
Plaintiff
vs.
NO. 0E-"{7(0(
CIVIL ACTION - LAW
(ft'C)
KRISTI A. BLASSER
Defendant
PLAINTIFF'S PETITION TO CONFIRM
ARBITRATION AWARD PURSUANT TO 42 Pa C S A 57313
AND NOW, TO WIT, comes the Petitioner/Plaintiff, MBNA AMERICA BANK, N.A.,
by and through its attorneys and the law firm of Wolpoff & Abramson, LLP, and files the
following Petition to Confirm Arbitration Award, and in support avers as follows:
Petitioner/Plaintiff, MBNA AMERICA BANK, N.A. is a Delaware corporation
doing business within the Commonwealth of Pennsylvania, and the other states of the United
States, with its principal place of business situated at 655 PAPER MILL ROAD, MAILSTOP
14111, WILMINGTON, DE 19884.
2. Respondent/Defendant, KRISTI A. BLASSER, is an adult individual with a last
known address of 1107 QUINCY CIRCLE, CUMBERLAND COUNTY, NEW
CUMBERLAND, PA 17070.
3. Pursuant to the credit card agreement Defendant received when Plaintiff issued
Defendant an open end credit card account, which Defendant assented to by virtue of his/her use
of the account, the parties agreed that, in the event of any claim and/or dispute surrounding this
account arose which required collection efforts, any matters would be referred to the National
Arbitration Forum (NAF). A true and correct copy of this Credit Card Agreement Additional
Terms and Conditions is attached hereto, incorporated herein and marked as Exhibit "A".
4. Defendant subsequently defaulted on the terms of the aforementioned credit card
agreement by failing to pay Plaintiff as required pursuant to the terms the agreement.
5. In response, pursuant to the terms the credit card agreement, Plaintiff referred this
matter to the NAF for Arbitration; Plaintiff then forwarded Defendant a Notice of Arbitration
and Arbitration Claim form, explaining Defendant's rights and options in accordance with the
Arbitration process. A true and correct copy of both the Notice of Arbitration and Arbitration
Claim form are attached hereto, incorporated herein and marked as Exhibit "B".
6. Both a Notice of Arbitration and Arbitration Claim form were received by
Defendant. A true and correct copy of the proof of service is attached hereto, incorporated
herein and marked as Exhibit "C".
7. An Arbitration occurred in this matter at which time both parties were provided
with full and fair opportunity to present any evidence and their position in regarding to this
matter.
8. An NAF Arbitration Award was entered in favor of Plaintiff and against
Defendant in the amount of Thirteen Thousand Seven Hundred Eighty-Two Dollars and
Sixteen Cents ($13,782.16). A true and correct copy of the Arbitration Award is attached hereto,
incorporated herein and marked as Exhibit "D".
9. In conjunction with the issuance of this Arbitration Award, the Arbitrator in this
matter certified: (a) the parties entered into an agreement providing that this matter was to be
resolved in accordance with the National Arbitration Forum Code of Procedure; (b) Plaintiff
filed a claim with the Forum and served it upon Defendant; (c) the parties had the opportunity to
present all evidence and information to the Arbitrator; (d) the Arbitrator reviewed all evidence
and information submitted; and (e) the information and evidence submitted supported the
issuance of an Award in favor of Plaintiff.
10. The Credit Card Agreement unequivocally states that judgment upon any
arbitration award may be entered in any state or federal Court having jurisdiction.
11. Since the above referenced Arbitration Award is non-binding and unenforceable
against Pennsylvania residents without confirmation of any such Award by a Pennsylvania
Court, Plaintiff has filed the instant Petition, pursuant to the Uniform Arbitration Act, in order to
obtain judgment against Defendant in a Pennsylvania Court, which will better enable Plaintiff to
secure a collectible judgment against Defendant.
12. Plaintiff is entitled to the relief requested in the instant Petition given That: (a)
the aforementioned Arbitration Award was properly obtained by Plaintiff; (b) this Honorable
Court has jurisdiction over the Defendant to confirm the aforementioned Arbitration Award; and
(c) because Defendant did not make an application, pursuant to 42 Pa.C.S.A. §7314, within thirty
(30) days of receipt of the aforementioned Arbitration Award, with the Court to have said
Arbitration Award vacated, modified and/or corrected.
WHEREFORE, Plaintiff/Petitioner respectfully requests that this Honorable Court
confirm the Plaintiffs Arbitration Award, pursuant to 42 Pa.C.S. §7313, and enter judgment in
favor of Plaintiff and against Defendant(s) in the amount of Thirteen Thousand Seven Hundred
Eighty-Two Dollars and Sixteen Cents ($13,782.16).
Respectfully submitted,
?? 1b.-
Amy F. Doyle #87062
Daniel F. Wolfson #20617
Bruce H. Cherkis #18837
Philip C. Warholic #86341
Donald P . Shiffer, III #89451
Andrew C. Spears #87737
Ronald M. Abramson #94266
Ronald S. Canter #94000
Wolpoff & Abramson, LLP/Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
4660 Trindle Rd., 3rd Fl., Camp Hill, PA 17011
(717) 303-6700
VERIFICATION
The undersigned hereby states that they are the attorney for the Plaintiff/Movant, who is
located outside of this jurisdiction and in order to file the within document in an expedient and
timely manner, they are authorized to take this verification on behalf of said Plaintiff/Movant in
the within action and verifies that the statements made in the foregoing Petition are true and
correct to the best of their knowledge, information, and belief, based upon information provided
by the Plaintiff/Movant.
The undersigned understands that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
Date: O?
Amy F. Doyle #87062
Daniel F. Wolfson #20617
Bruce H. Cherkis #18837
Philip C. Warholic #86341
Donald P. Shiffer, III #89451
Andrew C. Spears #87737
Ronald M. Abramson #94266
Ronald S. Canter #94000
Wolpoff & Abramson , LLP/Counsel for Plaintiff
Attorneys in the Practi ce of Debt Collecti
4660 Trindle Rd., 3rd on
Fl., Camp Hill, PA 17011
(717) 303-6700
EXHIBIT "A"
.11
GOLDOPTION
ACCOUNT
AG REEMENT
i
j Account Agreement
eta ': In Obis Agreement the words "y'ou'' and ' .
perso
Y way provided for under this Agreement rear to each and all of the
"Advance" means an loan 7be words „our ,,and and, ns in whose names ibis account
Y you obnin ttom us under this Agreement. MNA America" mean MBN was
A America [n? Nand? Who
Ob
? W
Our Agreement with you consists of this Agreement and
Tema of Your Account kOer, which er ' the terns B and conditions
together. mc0rporated herein and made a hart hebeo Pprinted Do
lease the required _ keep these documentsdiscl
, Iles section Of the accompmyq and When ysr, or anyone whom you authOrke orpermit, use your acesmtyou agree to the terms of this went irmand,?tsif.?
Y consent to and authorize MBNA America, Agreement
conversatiotte with ourrepreeentillim o the any of its alfifiates, Or its marketing asaocia
leMcsenlatives oPany of thou BOOWnies. ? to monitor and/ Or All capitalized Inne not defined herein shall have the record any of your telephone
. [finning as
Credit R g Agendas: If you believe we have finnisite defined in the required federal disclosures section afyour Tama of Your
Bcrbcy: write rite to NA, Accountlettec
to are at ItdB d inaopnate cr '
phone number, and Credit BaParhng Agencies, P. O. Base ]7056. ICte t°f°rma6on abonr
account number, aced explain what you behove is in gr°O• A8 198g¢7054. You cr Norm `cOO?t? credit w •ng
How To Use Y acarate or keonbplete. Please tnchnde your
crMlt undo °? Aceenot: You may use your a
Yore account by C°0ant te purchase or lease
Forwarding to your designated payees. Woe ma Ora P+Yabk M U.S. Dotiaraaraan Dasona wit h
_ epasit dePait of A oee
O+rMs 9 or Oaough d' d depends upon thn polyfcim intdt dvances irbto Your?6arJun `r d' tb' b your d ?a Y00 m°Y obtain such
°hOCI° or offcr otherfrom a or to You 'ddidoal Advtarbca send Advancm directly tthe °memhantat8 bank. Y this t or Oboae o(yam, aWr'tgvm.?tliryt3r
make a
of,
ton anyo accmountwmi W.
HyOa n any Person to have access to Your checks or r ce9vest. You may not me coy solely to maw 10 pay inn tug Issue YOU ackfitionni
Permit an t by Blade "Bs Person In cludtmg Advans m For which a= unit number with the su
Ounmtion e
you to maim
may not have intended to be fable. charge, You ma be .
YOu agree not to Oft 'postdated check to ob y' hank for all Advaneea
tain credit unit=
Ink we na elect to honor It shown on the check We am not liable ro yream ou f y`?osrenon it?[mpatd ado the prese. a check by Which you led it for P+Yraenf, witlbouTito Obtain credit Under
"P?1OCU ngoutof Cher
you must Turn aO checks to us on request. tha'union we elect to take, c"° your
awaiting the date
Credit Lmits Your credit limit is shown m your Terms of
limit or 1; wID nati Your Account
limit We nay also establish a s gr°ara .
total ka
sel"Beoe credit tirmt limn tetiaPamte credit limit for, ertain balances. The
If we doh, ? t each mob
°U?and ng at an" ?? of We tiny be Ohange y? emit outs boding balance on t6,me
an lyl toF? terrn may n than YOM credit
thin
Request for Credit Over Your Credit Limits: If
o separate outstanding balance, including au you request credit in any form which, if
t If wehave eatablished one for Granted, would h in either your to not well (1) H°onor the west without you, (Whether or transactions not balances b tceore ?te your account beintL?`the than ol ?nW outata? balance
Permanently nice request were more limit or
(3) ltefwe to west and but the amount wldch I. more than our credit limit), we may. honor the may other do manner. so by advising user We nay advise be
ting the check tct erg ? i?1?WuaetdOW it has immadbilnly. or
ire fused tIf we to cek we the Person resen tha
If we have ptevioady honour been refused, that there am ' we tense to honor it ch
honor such a requests for credit over pay the check or in an
request we may assess an overlimin Your credit limit it does not mean yet we will bona any
fee ere Provided in this Agreement, further ovedimit
Additional Advances: requesls• It we decide to
without m You may obtain additional Advance from time to time
account cause e thi tam of adverse the change. The aPPrwal of one request dos not- prov
se the term of the lam to ro-s-Cooties to
mean he .
met our hncomq
Advances must be at least S200.00, ?• resulting in a revised minimum rrnonlhl Prova! of oMa requ ests. Additional Advances credit standards Your
Term Y Payment and revised length of time to r nces
of Your L _ spay the loana? to Your
oan: YomlYah Additional
Payment on you Otarrroun[ dlns4ed m anotdn oa ement-location. Your in IY Payment- disclosed
change the minimum m oth tema enb,pWilent Cabiain events may result in Y mount balance not be' nth
0) a Payment holiday gpaid offd `fihe re will In as the Current
Y which you take; it we extend the tern to repay the balance, po e
account, such as check ire () an increase in the prime rate for xaObPlemtghe {aOn In tins c8S°• we do not
date, nsaction fees, late Pees, over the credit limit fees any variable annual Percentage ntoacco g events will extend the term:
and insurance unt (ii) all fees m'Vwcd on your
premiums; and (iv) Payments received later than the payment due
I Also, the minimum monthly payment does
daily Advance balance. 77tis Will extend theof take into account the effect of addin unpaid Periodic Rate Finance
7Z followi a G7 nes assessed an Advances is , in, all as 7
ttdttimrm poytnmkntotion ?te; ?r) a an (but win nnthe Prim change the or any payment due each month). (i) a to
any variable annual percentage rate. and ry reduction
?in the, ter anal the Peron
Repayment: You promise to pay us Payments charge against your account and Financee amounts of all credit you obtain; this includes all
Advmtces, any fees, charges, and insurance prominms
You may pay the entire amount natstandin at an
mtmerrp ly?tetemrent 11re m ?t g the sofa of (maid t?CUt attYaa must Pay each month at least the shown Minfinum Payment an MYments. ,? Ferment wilrbe '
°"atPeY D >?f s ctedi'! batance? o net amount is basMa ?e amoun' oum4ttd t t ofy uT)oMo atatemrn
mimdmrmm created in & the
and the P t) fde mtqun}b
e total amount ofFnmce Charges nth Fey ntermt on such amounts. annual percentage rata jr
We will allocate e^°180 Parible byyoty Payments greater than tits art yn
Your PaYrnetsts in the manner we de ts
O
. bein stin 86er APRs. baian
Mm mpia? before erl annogbe made in?I P Ymastsgtvmreallube l lowerAPRsPa
ft to le,2l
osce$ Occluding new hansactions
not affect t11Y DeYmnmts
those with
a U.S. Bark. No Payment shatl ro ?acemn cePaYmenh h monW. We ning?cye? which arse greater that wfi-h each payment is rec?)
operate as ro satisfaction without nYect WYments amt den PeYmriemst the mudmum will
cremated in US penom who ' ally or subsequen tlse Prior written aPPmval of a senior ogcer ofMBNA olhua or not draw s an
America, All mitt
pa9mwt A"oh'diys: We mapY allow ?tsta?m a is Paid m AAlma. ye tre ?O any of thine fi t! afnliry untie any Outstanding balazon,
PaYnsent Finance y0a, from hme to time, to omit a Menthy payment. We
make a minimum Payment eacp wilt ??go any. wilt axme tin Yom yalsnee will not1Q• You when this option is available. if you _
Bt1Rog Cycle: A b wing You r payment holiday. A Paeyntn ?liday
unn t dds increase tl. term oThe ragn cement eta 0 the billing cycle that appears .a Your mcounes stat?ennot lbr tl eycurrent Ong data shoats on your accotmt's preceding mn shtmant Ind. a the cktsfng d+te
Iuaarasca: Group credit insurance .
will protect an if an event insuura for
m y be offered to you from time m this
by e!=go of Your Advances and bencilob"in, ts q? ?g durg th billing the ? ? a ? "P? ? Purchased' the Bone it s. You maA,t? certain benefits gom time to time, which w be subject the char m Yaar BOrt as m Otiser a? insurance
m effen be o reserves the right c edj s, e to reatricti Cochu
ast, add,ardelete hasefits and ?co?e outgned
Roamer for Requiring immediate paynwnt: You services at any without nodes, MBNA Ammiea in a brochure er
fruiu, yaw Your cre
Maki forYnrequire a??oby ? aYmmnt One Data; your Nowro,, ?rWuimin aediPat lY"' ofaue (1)You fail to
exceeds Your separate credit exceeds Your amounts you own iF.
if you default, unless prohibited ?b or (3) you fail to abide by any other tents a tabtiehad a separate credit 's fec'if Ourr familarelto exorcise any ofo?urrcf omaccowt for all tionntto an aftmceYawho is not ourrnhied eempcl Incur in any wtlah e? fiM and
rights when you default does not mean that we are unable to axerciae those rights upon later default
Refusal to Honor Your Account: We ace not liable for any refusal to honor
goods or year account. including any form of Advance, Or services. or cheeks by us, any retention of your
after yourrights to obtain credit have be= A Yom rights to obtain credit at any time for art
been suspended or terminated, Y reason. Your obligation under this
Amandowtts: W
Agreement continue even
MAY
requirents ch8ngcmin the of fade r ov deddi Agreement this at any o y te am a6. deleting, t changing the opportuni omptiance with the applicable notification
require in the manner l law and in m aware. ff an emend provisions in e
condition of your rejection. Tim amended Agreement (i tY to reject the including 60 balance ncludin to Your right to receivYou e .credit and rej °haaga. and if
you reject the
existing before the amendment became g any higher rate or other higher tine" ask you to
effective. We may charges or faes)'will a return all credit devices as a
Assignments: replace yuuracoountwtth PPla to the entire
We may at army time, and without notice to you , another oun uthis anytime. mtpgtd behmcq
all o all of gatio our rights under your account or this Agreem ex assign Your
a
8 and/or obligations under this A t, Y to the Person or antive on your ac t, this
person or anc°un4ansums d make any such assi or our rights or
tent assigned, entity to whom Agreement
gnment shalt be entitled to
,F
U" of P.O. Ib
I' UeaaW j 15021, WII In rancDhnt: You are liable for
the unauthorized
account, gt It 19850, ('I'depdone I-888-59 use of your account. YOU should i
2-8349), nra8y, or in writiO then, orepOboN?u? MHNA
8. of the loss, An
Litigation: The Arbitration Provisions belowa cti use of
tit 8j you
an: le which case you agree that any Iitigntionnbbron
Unless you were you against us regarding the oPPorhmrty to reject the
the State of Delaware. Arbitration Provisions and
Nda account or this Agmement shall YOU did so n
Ar6ltraNort: My claim or disp (" (jai be !nought in a
*elating km any way to this ASroement a soy prior erYOU or ? against the other, o etlatrnt the °paT tma4
? cotPaeealtiesord ?siu?llObebrea°A chid t dw rt eutWerti sGt4r agents
anY Pier
acs sLoft igns O mother gfrorn
Thearbttnti Ybindingarbitatlon.'Cteim"shalld this ArbinationSecti so and +a'dWa•;
_ on shalt be cornducted by the Natlonat leeches[ trtaningpoasihk validity of t
P.O. Box 50 the National Arbitration Forum 4?O.Sy b y e cosh C the [tract a of]'rocodure in a f o o to fled. Rule
191, Minneapolis, Mdmerote SS
another naMing y fm to% on rccogn?ed, independent done 1.800-4 _ is unabi al t ion [heel aim '
_ tor we may u
2MOUntgrestar r dam biW? Yt -those fea. Inn eventtwlo you am raq rates similar
ilPmode afProm . frauN'Your written r?uas ?7 to
WILich Id have been if u be ie4uired.to
. the claim had b ran us for any arbitration Mingle mimstta will decide who will be
?Y
ya Par Judgment will upon [aloe any a piacea within a me Ming inteWntdf?tract i leMund dW & ardd t at the time die Chdiat - ? hradmt has in as
'weame. Jul tomeoctlon '
the extent conslatent with the s? maybe entered in shall be governed Clatm i- filed. ? and by the Factors' Ab"mtion Act 9 §1 1 the arbitrator alWl write an opinion and merle ataaW of limitations ? a." honor a ? ? l a. follow exu g substantive ?Jaw ` r w%nL 8 the reasons far the a Jaw to ized No claim aubrtdtted to arbitration is heard me ? 4w- If anyparq, requests,
nlamsswinezLknce tali y Pa nPy e ame aClain, ofa clans opc?aloinlit an so
ta a with law action
in the tuture. ' cma arortro not have the
respect a private attorney general You do
Tbis Arbitration
eaa i of the debt by eve the termiation ofyour account with y ?m This Abiundon us. CI tntion Section applies to all
d
Far the pmPoses of thta
Per theca, use Arbitration Soetion. -we and'Su' na ? wdl as any volwtary P+Yrtnttrt of the debt in fdH byYnu, any banlvup
credit r"we O b shad m
accept any credit device i ean any thirdpany Provt and b o 5t? o®etta, d?uecp? '?P?t'subsidiaries, a89liaha, toy .. Pre that aMuttt tors nod all of then adfice , dwactoM emp wued under the ecoouny 4 Connection with the accam wdlr any am of them
ap
!Plust us.
u! not Also,-for the pnapnca this Adritratann 8ecco ) it and enty if, Much a Ndrd aliment suvican, credit ' g but not acs, dent mamc, inc In di 8 6mtted to an poaona or Oct ntitles contractually, obNp? a or t mean an dp rson mera of tha a a-detkt one to • aeh
If soy Part of this Atbitration under account and all au h' cco approved t: by ua to use any Claim you the ' ' the Arbitration Section shall be Sectlon to foartd to be dwalid a couO
enforceable without regard to such dtval d ty =pnM? ? Mw or aMUu
??RHSULT OF IM ARBPfRATION A fereeabNily. COnaistat with the PM, the rnmdtda of
INCLUDING SOMB AGREEMENT IS THAT, EXCEPT AS PROVID
? I
ATTORNHYGBNHRALACTIONCS STRAP COULD HAVE BEEN TV
.MD BEFORE A1 ROY CLASS CANMT HH I11'10ATED
N
Law; CTIONS OR AS PRIVATE
Governing IN
Prlncip! and Tine ASreement is made in Delaw
ea, by'any applicable federal laws. sre. It is governed by the lava of the State of Delaware.
without regard to its conflict of lava
If any Part of this Agreement to found to
doer not teen that we are unable to be mid;; the teat rernaina efi
exercise Novae ts later. coti?• Our 8tlurc or delay in exercising any of our rights under his AgfCemat
MBNA AmaiadD is a federally registered service mark of MBNK America Bank, NA
0 2001 MBNA America Bank, N.A.
privacy
! S'oni- ar vacv to r
i -=i ?m°o=to`c
And whr7ennt' are e0m?tted ro Providing You with Ure finest financial Products sad
°?tiorn you is
account iafomnatiea secure.damental to our ability to do this, we fully r backed b
t nim the ' Y consistently
cc ofkcepi top-quality servict
tIIq"rmn ofkpingpersohel and
To ogeryou the widestrange ofproductr soil
MBNA with other companies This allows crevices, lNglyq may share in
they arc available dvaeUyfrom MgNA or throe Offer ?° p?°cts and ??o° ?OUt You nth within Mg
Pa with o rrn that may interest You emit best meet on whether needs, outride of
his n girds what information we collect what unfomtaton wetushare and the Ern tr pentes. We
71tiaoticedescribes you want you to understand our inf ring ation
the privacy practices of receive when we sbare info ormation
IdNNA.Amence (Dela erej, MA., Palladian Travel services, and all AM A affiliates. includ ' bon about you
sterrts Ina, and &ffiNA Insurance Agency e;11116- l ervi es Inc., MBNA Hallnr om?owSsg MBNA N,A ,
'Ile NuitedStates of America ( Y, "hffiNA all! uit
SY America Bank notMBNA may share certain infThis ormation rice explains MBNA's infomation cow uncial Products and a •, b'IBNA' aiked
about ]You. either within MBNA or outside n and alai and governed by the )awn of
OurSe"WAYProcedures. ' hMNA and raids of ng MBNA Practices
er Jew YOU choose whather or.
Access ro ittio infomaton ab aboout understands the importance OP °pmPattics.
Phyaitrel, electronic, and You is restricted to the People ofMgNpO who?gand securin
Procedure, safeguard dicit stand g infor ation and
When MBNA arils for the s
Permitted shares i°f°mratioa abbot you 8th ce lY with foil Fire to Provide
of _in Ofo r services to YogP We
mai main
a Purpose, and to return it to us or delvi companies outside OfMBNA we require
onfidetato ttAger?a Product uct or service effic Nytt othat theat to
CmnSdenttali Purpose tr served, . We l;mtt the amoungO use it onlyfor a
coataintng theft requirements
and obligating 8 g OOZY receiving information on shared to
what is
Iafb cet4eayto pote
matlan We COlleet: that
r ctthe
ftIBNA "0110011; and uses _ fiM ?18NA to alga a
endy rmation the receive fiom top-quality you Llatomer Service yon eeXpect?O. information bo u to ?do?O?y nwOd
Info
• Sources of nation include the id following
including through the mail, by telephone, or over thand e other forms or through Your Information we receive $om third parties, such as tenet; Correspo ndence or
U°ip
Your employment credit, or other rebuionships. and CO tion with us
lnfotm Lion about Consumer
reponnng agrncies, to verify
your transactions with hMNA and with other ?rrtenb You've made to us,
a or regarding
within tlon We Share Within companies outside ofMBNA
within MBNA to offer additi onal Products ore mays ham all of the '
you and may save you both time and money. os that shaYrein identification non on we you wit
? collect about - h belie companies
experience information (such as °? To do so we You and best meet Your need& W,
financial sevice information. The decision Purchases Out"on sir believe this to con
infomation about Purchase anY such Pro sailor eligibility information so ( name
and hem for
'Or from sh you within MgNA, but please erOdUetr or services is yours alone y a edit mportr applications)
ti?a d
wring transaction and experience, identifica?4o rnd does °OtProhibit ua from may tell us not to share
Information We S n, and other information w1 offering you additi credit eligibility
bare With Others: From ' thin MBNA opal Products and services
services that may interest you. time to limy we may allow co
account aggregarots, insurance a Products and services nay be offered burp anima ou?ce
? offer youth ir
companies (such as retailers reBrntr insurance companics, mOrt Y financial products and
travel agrntr, cruise lines, carntalmaOters' pro
COUmtunicatio mortgage bankers and securities broker-deal (txs? as e banks, brokers
agenci pani Internet
services), and Others su profit u ea, hotels, airlines, °S con wservice Providers, manufacture" , by ao?Ovi c
Ponies outside ofM 3 non ga°?ations): Subject P publishers, and organizations ending AMNA ?i
NA,-unless applicable law, we aeroduc 0?
you tell us no[ to. may sham all the ffiancial Products or
Additionally, we mayabere information we collect with these
otter financial institutions with the information we tm
it which we have joinarketinh raer companies thWa onealsmar
with other companies in certain circumstances. gagreementr. We are also. mitt or other s
in servicing For instance g services on our behalf or to
entities in response to or acco nt, with comp , we may share ail of the infotrm Y law to share information
anies that endorse our products ands 'mon We collect with co ?ebh? Use
information with companies rYrequirement, and services through aflinit a mPaR1Cs a
that we ,,, w
continue to 'tb are information hM thetas that wish to offer nth consumer r"Itin agencies. s y !tell us eta, with government
You their products and se a. esyou tell us not to Mare additional circumstances. services, as described above,
please understand
Impartaat Information About Your Choice: We're dedicated to serving you needs - and to respecting
Privacy. You may tell us not to abate credit eligibility infomnation within MBNA, and cea related to
companies outside of MBNA that wish to offer you their pprodcts and services You may tell us not to shar e
Opt out m mid, s n Please call toyoweac1.96& 51 255. We will ask you to veaY Your?idm Ye. and the wish is opt out ofsuch If you to please have all Identification number for deposit accounts available membership,
you refeFence mmmbers and ?' l Security specific accounts to which tf
You can. Your Social Security number or Taxpayer.
MBNA applies opt outs at the account level, not by individual Gltatotner. When
example, a co-applicant, joint accountholder, or authorized user), to wt71' W the entire listed with others on an account
continua to adhere to its disclosed privacYptacdcau for an account asPi* out (fo
account even if it becomes inactive or is closed. having opted out MBNA will
An opt out from information sharing on an account as described above either wi
remains effective unless revoked n writing. Federal regulations require us ro ? MBNA and/or with meanies account has previously opted out from either Provide this notice on as annual basis MBNA
of
an accoumpreviousl o hPe ofiufomuuion sharia .
y prod out from either or both g Please remember when ratan whether or not ,
you
out again. types of information sharing (and sot rev ve our subsequent notices
oked in writing) does not need to be opted
Thin notice?updates and,repleca m _ - -_.. _ .
additional information re Yprevious notices from MBNA about the privacy, ?,, sad
notice Place go to v v?inacomBand click YPractices concerning the lntemeS end to view thProtection of infottnation. For
amend this Privacy notice at any time, and we will infer o ynOo o?T You mayhave other e most refit version of this privacy
changea as required by law. tections under state laws. We may
EXHIBIT "B"
IN THE
171 NATIONAL ARBITRATION FORUM
CLAIM
MBNA America Bank, N.A.
c/o Wolpoff & Abramson, L.L.P. RE:
Attorneys in the Practice of Debt Collection Forum File Number: FA0407000303391
Two Irvington Centre Claimant File Number: 0120749799
702 King Farm Blvd. Account No.: 74993997275927
Rockville, MD 20850 Card member Agreement Type: GRFIXD
CLAIMANT,
Kristi A Blasser
1107 Quincy Cir
New Cumberlnd PA 17070-2243
RESPONDENT(S),
For a Claim against Respondent(s), Claimant states:
1. By way of contract and use of the credit account at issue, Respondent(s) became bound by the terms of a credit agreement
(hereinafter the "Agreement'), which is attached hereto and incorporated herein by reference.
2. Respondent(s) is/are in default under the terms of the Agreement and is/are now indebted to Claimant in the amount of
$11462.59 , as reflected in the attached account summary, plus interest of $235.53 as of the date of filing, and at
6.00% thereafter.
3. Despite repeated demands for payment, Respondent(s) has/have not paid the amounts due.
4. Claimant requests an Award for the amounts reflected in Paragraph 2, plus all arbitration fees incurred, Process of Service
fees and Attorney Fees of $1719.38 , if allowed by law, equaling 15% of the outstanding principal balance.
5. The attached Agreement contains a Delaware choice of law provision and a provision for "reasonable" attorney fees.
Delaware law specifically provides that an attorney fee may be awarded in an amount up to 20%n on an unpaid claim if
allowed by law. See, 10 Del. Code Sec. 3912 (Pleading & Practice).
6. The attached Agreement contains a mandatory arbitration provision under the Rules of the National Arbitration Forum
("NAF").
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 based upon information provided by Claimant to the undersigned counsel.
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Practice of Debt Collection
By. '4' 1 J J U ' LXN 1l " /
Bruce H. Cherkis, Esq. Neal J. Levitsky, Esq.
ADMITTED: (MD, DC, PA) ADMITTED: (DE)
Counsel for the Claimant
If Respondent or counsel wishes to contact Claimant, please call or write:
Paralegal Department
Wolpoff & Abramson, L.L.P.
Two Irvington Centre
702 King Farm Blvd., 5th Floor
Rockville, MD 20850
1-800-830-2793
NAFCM2/NAF3 15A
172
SUMMARY OF ACCOUNT INFORMATION
ACCOUNT STATUS REPORT
Date Filed: 07/23/2004
Account Number: 74993997275927
Cardmemeber Agreement: GRFIXD
Primary Account Holder: KRISTI A BLASSER
Address: 1107 Quincy Cir
New Cumberlud, PA 17070-2243
Home Phone:
Work Phone:
Social Security Number: 175486995
Secondary Account Holder:
Address:
Home Phone:
Work Phone:
Principal Balance: $11462.59
Interest Rate: 6%
Date Assigned: 03/19/2004
INFORMATION DRAWN FROM ACCOUNT RECORDS AND CURRENT AS OF THE DATE FILED
15A
NAFCL4/NAF3
173
NOTICE OF ARBITRATION
Dear Respondent,
AN ARBITRATION CLAIM HAS BEEN FILED AGAINST YOU.
Enclosed and served upon you is the Initial Claim. You may obtain a copy of the Code of Procedure,
without cost, from the Claimant or from the Forum at WWW.ARBITRATION-FORUM.COM or
800/474-2371.
IF YOU DO NOT SERVE 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 served on the Claimant and
filed with the Forum. Read Forum Code of Procedure Rule 13. A Counter Claim, Cross-claim
or Third Party Claim may also be served and filed, and accompanied by the fee as provided in
the Fee Schedule. 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 and you will lose your case.
2. Demand a Document Hearing or a Participatory Hearing. You may request a Hearing in your
Response or in a separate writing. Unless you have agreed otherwise, an In-person
Participatory Hearing will be held in the Judicial District where you reside or do business. You
may also request a hearing on-line or by telephone. Your written Request for a Hearing must
be filed with the Forum. You must also serve a copy of your Request on the Claimant and any
other Parties. Read Forum Code of Procedure 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
served and filed within the time required by the Code of Procedure. If you have any questions
or need help in 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.
The Forum
P.O. Box 50191
Minneapolis USA 55405-0191
(651) 631-1105 (800) 474-2371
info@arb-forum.com
ARBITRATION-FO RUM. COM
15A
NAFCIS/NAF3
EXHIBIT "C"
RETURN OF SERVICE
State of
Case Number: FA0407000303391
Plaintiff:
MBNAIGOLD RESERVE-GOLD OPTION
vs.
Defendant:
KRISTI A BLASSER
For:
WOLPOFF & ABRAMSON L.L.P. MD
Two Irvington Centre
702 King Farm Blvd.
Rockville, MD 20850-5775
County of
Court
Received by STOKES & LEVIN, LLP to be served on KRISTI A BLASSER, 1107 QUINCY CIR,
NEW CUMBERLAND, PA 170702243.
I, Bernardino Lopes, do hereby affirm that on the 2nd day of October, 2004 at 7:03 am, I:
Personally Served the within named person with a true copy of this ARBITRATION CLAIM with the
date and hour endorsed thereon by me, pursuant to State Statutes.
0
Bernardino Lopes
Process Servers
STOKES & LEVIN, LLP
27 Glen Street
Suite 9 B
Stoughton, MA 02072
(781) 341-8390
Our Job Serial Number: 2004003986
Ref: 120749799
Service Fee:
Copyright ®1992-2001 Database Ser oes, Inc. - Process Servers Todbox V5.5i
EXHIBIT "D"
III
NATIONAL
ARBITRATION
FORUM
MBNA America Bank, N.A.
c/o Wolpoff& Abramson, L.L.P.
Attorneys in the Practice of Debt Collection
702 King Farm Blvd, Two Irvington Centre
Rockville, MD 20850-5775
CLAIMANT(s), AWARD
RE: MBNA America Bank, N.A. Y Kristi A Blasser
File Number: FA0407000303391
Claimant File Number: 74993997275927
Kristi A Blasser
1107 Quincy Cir
NEW CUMBERLND, PA 170702243
RESPONDENT(s).
The undersigned Arbitrator in this case FINDS
1. That no known conflict of interest exists.
2. That on or before 07/22/2004 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 Award as stated.
Therefore, the Arbitrator ISSUES:
An Award in favor of the Claimant, for a total amount of $13,782.16.
Entered in the State of Pennsylvania
ARobert . arhn, Esq.
Arbitrator
ACKNOWLEDGEMENT AND CERTIFICATE
OF SERVICE
This Award was duly entered"and the Forum hereby
certifies that a co q{?hi?ear was sent by first
'Pf class mail post a preaid t?h Paties at the above
referenced addre rq? entatives, on
Date: 12/06/2004
A \? c
Honorahle')G-o Ilalina,Rot.
Director
bi
ov)
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-04761 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MBNA AMERICA BANK NA
VS
BLASSER KRISTI A
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within PETITION TO CONFIRM was served upon
ER KRISTI A
the
RESPONDANT , at 1108:00 HOURS, on the 20th day of September, 2005
at 1107 QUINCY CIRCLE
NEW CUMBERLAND. PA 1
by handing to
KRISTI BLASSER
a true and attested copy of PETITION TO CONFIRM together with
ARBITRATION AWARD PURSUANT TO 42 PA CSA 7313
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 13.60
Postage .37
Surcharge 10.00
.00
41.97
Sworn and Subscribed to before
me this I ? day of
S?A 4Y A.4 Ll?,f 0 A.D.
Pr ota
So Answers:
R. Thomas Kline
09/21/2005
WOLPOFF & ABRAMSON
By:
D pu t,fy S ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
Plaintiff
vs.
KRISTI A. BLASSER
Defendant
NO. US -k17& (
CIVIL ACTION - LAW
?LUII.. vwr?
RULE
AND NOW, this zs' day of a oveb? 2005, upon the
consideration of the foregoing Petition to Confirm Arbitration Award, it is ORDERED
that the parties to this action show cause, if any they have, why this Motion should not be
granted.
RULE RETURNABLE Za days from the date of service hereof.
BY THE COURT:
}'
... ?,??i
?_?
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
Plaintiff
vs.
KRISTI A. BLASSER
Defendant
NO. 0E -AI'r4/
CIVIL ACTION - LAW
RECEIVED
OCT 2 4 2005
L Y: A _
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S
PETITION TO CONFIRM ARBITRATION AWARD
AND NOW, TO WIT, comes the Petitioner/Plaintiff, MBNA AMERICA BANK,
N.A., by and through its attorneys and the law firm of Wolpoff & Abramson, LLP, and files the
following Memorandum of Law in Support of Petition to Confirm Arbitration Award, and in
support thereof avers as follows:
I. STATEMENT OF FACTS:
Defendant(s), KRISTI A. BLASSER, was/were issued an open end credit card account
by Plaintiff. Defendant(s) has/have been at all relevant times material hereto a regular user(s) of
this credit card for the purchase of products, goods and/or for obtaining services. Defendant(s)
has/have been provided with copies of the Statements of Account accurately showing all debits
and credits for transactions on the this credit card account; Defendant(s) never objected to the
above mentioned Statements of Account submitted by Plaintiff to Defendant(s) which detailed
the products and services purchased using this account.
In the event of a breach for nonpayment, pursuant to the Credit Card Agreement, the
parties agreed that this matter would be referred to the National Arbitration Forum (hereinafter
NAF) to effectuate collection. This matter was referred to the NAF for determination and
disposition; the NAF entered an Arbitration Award against the Defendant(s) in favor of the
Plaintiff in the amount of Thirteen Thousand Seven Hundred Eighty-Two Dollars and Sixteen
Cents ($13,782.16).
II. ISSUE PRESENTED:
Whether, pursuant to 42 Pa.C.S. §7313 of the Uniform Arbitration Act, should this
Honorable Court confirm the Arbitration Award entered by the (NAF) against the Defendant(s)
and in favor of the Plaintiff.
III. ARGUMENT:
Contracts containing clauses providing for settlement of disputes arising thereunder by
arbitration are valid, and irrevocable except on such grounds as exist at law or in equity for the
revocation of any contract. General State Authority, to Use of Dunzik, v. John McShain, Inc., 25
A.2d 572, 573 (Pa. Super. 1942); 42 Pa.C.S.A. §7303. When parties agree to arbitration in a
clear and unmistakable manner, Courts make every reasonable effort to favor such agreements.
Emmaus Municipal Authority v. Eltz, 204 A.2d 926,927 (Pa. 1964).
The Federal Uniform Arbitration Act was drafted by the National Conference of
Commissioners on Uniform State Laws and was approved for use by the American Bar
Association in 1955. Pennsylvania codified the Uniform Arbitration Act (hereinafter UAA); 42
Pa.C.S.A. §§7301-7320 in 1982. The purpose of the UAA is to promote resolution of disputes in
a nonjudicial forum while still providing for the Court's role in compelling or staying Arbitration
proceedings when requested. Chester Upland School Dist. v. McLaughlin, 655 A.2d 621, (Pa.
Cmwlth. 1995), appeal granted 665 A.2d 471, 542 Pa. 637, affirmed 675 A.2d 1211.
Further, while a party can waive their right to arbitration, the question of the timeliness of
a demand for arbitration is not one of interpretation of the agreement and not one of the existence
of scope of the arbitration provision; it is thus outside the bounds of judicial review and its
resolution must be left to arbitration. Hiehmark Inc v. Hospital Service Association of
Northeastern Pennsylvania, 785 A.2d 93 (Pa. Super.2001), reareument denied, appeal denied,
797 A2d 914. Here, the account issued to Defendant by Plaintiff was governed by the
aforementioned card member agreement, which contained an Arbitration clause. By virtue of
Defendant's use and maintenance of the subject account, Defendant became bound by all terms
of the account, including the agreement to arbitrate.
The Federal Arbitration Act, which governs the aforementioned Arbitration proceeding
conducted by the NAF, does not require that an agreement to arbitrate be signed; See 9 U.S.C.,
Section 2; we also Bouriez v. Carnegie Mellon, 359 F.3d 292 (parties may be compelled to
arbitrate if common law principles of agency and contract support such an obligation and that a
person may be equitably estopped from challenging an agreement that includes an arbitration
clause when that person embraces the agreement and directly benefits from it). By way of further
response, where the offered silently takes offered benefits, courts will often find an acceptance.
Further, this is especially true if prior dealings between the parties, or trade practices known to
both, create a commercially reasonable expectation by the offeror that silence represents an
acceptance, and in such a case, the offeree is under a duty to notify the offeror if she does not
intend to accept. 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 in law
or in equity relating to the validity, enforceability or revocation of any contract. 42 Pa.C.S.A.
§7303.
As outlined in Plaintiff's Petition, pursuant to the Credit Card Agreement Additional
Terms and Conditions, which Defendant received during the time period in which Plaintiff
issued Defendant the subject open end credit card account, the parties agreed that this matter was
be referred to the National Arbitration Forum for Arbitration in the event of any claim and/or
dispute arose if the account is referred to collection. By using the subject credit card to purchase
products and services, Defendant agreed to these terms.
Pursuant to 42 Pa.C.S.A. §7314, pertaining to vacating an Arbitration award by the
Court, a motion to vacate shall be made within thirty (30) days after delivery of a copy of the
award to the applicant, except that, if predicated upon corruption, fraud, misconduct or other
improper means, it shall be made within thirty (30) days after such grounds are known or should
have been known to the applicant. 42 Pa.C.S.A. §7314(b). No such relief has been requested
by Defendant within the applicable time limits in this matter.
Except as otherwise prescribed by general rules, 42 Pa.C.S.A. 7319(2) provides that the
application to a Court under this subchapter shall be made to the Court in the county where the
adverse party resides. 42 Pa.C.S.A. 7319(2). Upon the granting of an Order of Court
confirming, modifying or correcting an award, a judgment or decree shall be entered in
conformity with the Order, and the judgment or decree may be enforced as any other judgment
or decree. 42 Pa.C.S.A. §7316. On an application of a party, the Court shall confirm an award,
unless within the time limits imposed under section 7313, grounds are urged for vacating,
modifying or correcting the award, in which case the Court shall proceed as provided in section
7314 (relating to vacating award by Court) or section 7315 (relating to modification or correction
of award by Court. 42 Pa.C.S.A. §7313. The meaning of this section is that the Court is to
confirm an Arbitration award if it has become final, i.e., unless, within a thirty (30) day appeal
period, someone has presented the Court with grounds for setting the award aside. Atlantic
Richfield Co. v. Atlantic Independent Union, 537 F. Supp. 371.( E.D.Pa. 1982). Further, the fact
that the relief awarded by the arbitrators was such that it could not or would not be granted by a
Court of law or equity is not a ground for vacating or refusing to confirm the award. 42
Pa.C.S.A. §7314(a)(2); Racicot v. Erie Ins. Exchange, 837 A.2d 496, 500 (Pa. Super. 2003).
IV. CONCLUSION
Here, none of the applicable exceptions to avoiding this NAF arbitration award exist.
Both Plaintiff and Defendant(s) entered into an open-ended credit agreement which contained a
valid arbitration clause. When Defendant(s) breached this agreement through nonpayment
Plaintiff exercised its contractual right to arbitrate its claim through the NAF. After receiving
appropriate notice of arbitration, Defendant(s) was/were afforded a full and fair hearing on the
merits. Following the NAF arbitrator's finding in favor of Plaintiff, Defendant(s) had the
opportunity to challenge Plaintiff's award; Defendant(s) did not do so. Therefore, in light of the
foregoing, there is no basis to disturb the arbitrator's finding, and Plaintiff respectfully requests
that this Honorable Court grant the relief requested in Plaintiff's Petition to Confirm its
Arbitration Award.
Respectfully submitted,
?,R:l .--
Amy F. Doyle #87062
Daniel F. Wolfson #20617
Bruce H. Cherkis #18837
Philip C. Warholic #86341
Donald P. Shiffer, III #89451
Andrew C. Spears #87737
Ronald M. Abramson #94266
Ronald S. Canter #94000
Wolpoff & Abramson, LLP/Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
4660 Trindle Rd., 3rd Fl., Camp Hill, PA 17011
(717) 303-6700
MAIN OFFICE
TWOIRVINGTON CENTRE
7o2-KING FARM BLVD, ROCKVILLE, MD 20660
FAIRFAX, VA 22030
HMONO, VA 23216
. BEACH. VA 23Nt2
VILMINGTON, DE 19889
AAKRURG, WV 28302
ESTLAKE V• AGE, CA 91381
LAW OFFICES
WOLPOFF & ABRAMSON, L.L.P
Attorneys in the Practice of Debt CoNection
(A National Collection Attorney Network Finn)
4660 TRINDLE ROAD
3RD FLOOR
CAMP HILL, PA 17011
?aPP I nINULL HOAR. 3RD FLUOR, CAMP HILL, PA 17911 717-303-6700
39500 HIGH POWTE BLVD., STE, M. NOYL MI 1aSTS-5505
7%NORTHC ROL. AVE.. SOUIHLAKE, TX 75092-8113 OUTSIDE THE CAMP HILL LOCAL AREA
ISO GLASTONBURY BLVD., GLASTONBURY, CT 08n3&H3Y (TOLL FREE)
1-800-756-0675
1 ! CO O f O
FACSIMILE 717-737-9051
BIRMINGHAM, ALABAMA PHOENIX. ARIZONA PLEASE DIRECT ALL INQUIRIES TO THE CAMP HILL OFFICE
ANCHORAGE, ALASKA CABOT, ARKANSAS
ATTN: Prothonotary/Court Administration
RE: Petition to Confirm Arbitration Award
Dear Clerk:
A? ILQNALD-FiAilA L71LrATIb A$ RTCyT REL?taNl?
OFFICES OF WOLPOFF 8 A
ENGLEWOOD, COLORADO UKAMSON. L.
RALEIGH. NORTH CAROLINA
FT. LAUDERDALE, FLORIDA FARGO,NORTHOAKOTA
NORCROSS. GEORGIA CLEVELAND, 01111
HONOLULU, HAWAII OKLAHOMA CITY. OKLAHOMA
BOISE, IDAHO EUGENE. OREGON
CHICAGO. ILLINOIS PROVIDENCE. RHODE ISLAND
MERRILLVILLE. INDIANA COLUMBIA SOUTH CAROLINA
KANSAS CITY. KANSAS KNOXVILLE. TENNESSEE
LEXINGTON, KENTUCKY HOUSTOJ,TEXAS
METAIRIE, LOUISIANA SANDY. UTAH
MINNEAPOLIS, MINNESOTA MILWAUKEE, WISCONSIN
ST. LOUIS. MISSOURI RAW LINS. WYOMING
GREAT FALLS. MONTANA
OMAHA. NEBRASKA
LAS VEGAS. NEVADA
MANCHESTER, NEW HAMPSHIRE -TBr N.B Cdka
CEDAR KNOLLS, NEW JERSEY ANOrsy NNwortNx.ITMUm
of nP.nn w nom..
W &A HP of O9 mtbn:
8 e.m. -5 P.m. EST M-F
Please be advised that the undersigned represents the interest of the Plaintiff pursuant to this
matter. Kindly note that the Petition to Confirm Arbitration Award and Memorandum of Law
are being served upon the Defendant(s) by the Sheriffs office. Accordingly, our office requests
that your office provides sufficient time in order for service to be effectuated prior to the
scheduling of the hearing date/rule returnable date.
Thank you for your assistance in processing this matter.
Should you have questions, or if you would like to discuss this matter in greater detail, please
contact the Senior Paralegal Department in our office by calling (717) 303-6700.
Sincerely,
Wolpoff & Abramson, L.L.P.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA America Bank, N.A.
Plaintiff NO. 05-4761 Civil Term
vs.
Kristi A. Blasser
CIVIL ACTION - LAW
Defendant
CERTIFICATE OF SERVICE
The undersigned does hereby certify that a true and correct copy of Rule To Show
Cause With Rule Return Date, was served upon the individual(s) listed below by
Certified Mail, Return Receipt Requested And Regular Mail, Postage Pre-Paid on
this 7 day of November, 2005.
Kristi A. Blasser
1107 Quincy Cir.
New Cumberland, PA 17070
W??,
Amy F. Doyle #87062
Daniel F. Wolfson #20617
Philip C. Warholic #86341
Andrew C. Spears #87737
David R. Galloway #87326
Tonilyn M. Chippie #87852
Ronald M. Abramson #94266
Ronald S. Canter #94000
Bruce H. Cherkis #18837
WOLPOFF & ABRAMSON, LLP
Attorneys in the Practice of Debt Collection
4660 Trindle Rd., 3`d Floor
Camp Hill, PA 17011
(717) 303-6700
120749799
r } c'a ! 1
-:7
f--
O
-'i
;
`.
j-n
t?
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
Plaintiff
vs.
KRISTI A. BLASSER
NO. 05-4761 CIVIL TERM
CIVIL ACTION - LAW
Defendant
MOTION TO MAKE RULE ABSOLUTE
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
AND NOW, comes the Plaintiff/Movant, by and through its attorneys, and the law firm
of Wolpoff & Abramson, L.L.P., and files this Motion to Make Rule Absolute of which
the following is a statement:
A Petition to Confirm Arbitration Award Pursuant to 42 Pa.C.S.A. Section
7313 was filed in the above captioned action requesting that a Rule be issued ordering the
parties to this action to show cause, if any they had, as to why said Petition should not be
granted. A true and correct copy of said Petition is attached as Exhibit "A" and
incorporated herein by reference as if set forth in full.
Pursuant to the issued Rule, Defendant was provided with twenty (20) days from
LAW OFFICES
WOLPOFF&ABR SON, L.L.P.
ATTORNEYS INTHE PRACTICE
OF DEBT COLLECTION
4660 TRINDLE ROAD
THIRD FLOOR
CAMP HILL, PA 17011
the date of service of said Rule in which to respond. A true and correct copy of said Rule
is attached hereto as Exhibit "B" and incorporated herein by reference as if set forth in
full.
3. That said Rule was forwarded by Plaintiff/Movant and received by
Defendant(s)/Respondent(s) as evidenced by the Certificate of Service which was filed
with the Court.
4. That Defendant(s)/Respondent(s) failed to respond to the aforementioned Rule
directing Defendant(s)/Respondent(s) to show cause wiry the relief requested in Petition
to Confirm Arbitration Award filed by Plaintiff/Movant should not be granted.
]17303-6]00
WHEREFORE, Plaintiff(Movant requests that this Honorable Court make the
aforementioned Rule absolute, and execute an Order entering judgment in favor of
Plaintiff/Movant and against Defendant(s)/Respondent(s) in the amount of Thirteen
Thousand Seven Hundred Eighty-Two Dollars and Sixteen Cents ($13,782.16).
Respectfully submitted,
Cl_'-
Amy F. Doyle #87062
Daniel F. Wolfson #20617
Philip C. Warholic #86341
Andrew C. Spears #87737
David R. Galloway #87326
Tonilyn M. Chippie #87852
Ronald M. Abramson #94266
Ronald S. Canter #94000
Bruce H. Cherkis #18837
WOLPOFF & ABRAMSON, LLP
Attorneys in the Practice of Debt Collection
4660 Trindle Rd., 3`d Floor
Camp Hill, PA 17011
(717) 303-6700
LAW OFFICES
WOLPOFF & ABBAMSON, L.L.P.
ATTORNEYS IN THE PRACTICE
OF DEBT COLLECTION
4660 TRINDLE ROAD
THIRD FLOOR
CAMP HILL, PA 17611
71>-303 6700
LAW OFFICES
WOLPOFF & ABRAMSON, L.L.P.
ATTORNEYS IN THE PRACTICE
OFD£HTCOLLECTION
4 60TRINDLE ROAD
THIRD FLOOR
EXHIBIT "A"
CAMP HILL, PA 17011
]1]-303-6]00
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
Plaintiff
VS.
KRISTI A. BLASSER
Defendant
NO. OS -y/( .'
CIVIL ACTION - LAW
AND NOW, TO WIT, comes the Petitioner/Plaintiff, MBNA AMERICA BANK, N.A.,
by and through its attorneys and the law firm of Wolpoff & Abramson, LLP, and files the
following Petition to Confirm Arbitration Award, and in support avers as follows:
1. Petitioner/Plaintiff, MBNA AMERICA BANK, N.A. is a Delaware corporation
doing business within the Commonwealth of Pennsylvania, and the other states of the United
States, with its principal place of business situated at 655 PAPER MILL ROAD, MAILSTOP
14111, WILMINGTON, DE 19884.
2. Respondent/Defendant, KRISTI A. BLASSER, is an adult individual with ajast-
known address of 1107 QUINCY CIRCLE, CUMBERLAND COUNTY, NEW
.:n
CUMBERLAND, PA 17070.
3. Pursuant to the credit card agreement Defendant received when Plaintiff issued
Defendant an open end credit card account, which Defendant assented to by virtue of his/her use
of the account, the parties agreed that, in the event of any claim and/or dispute surrounding this
account arose which required collection efforts, any matters would be referred to the National
Arbitration Forum (NAF). A true and correct copy of this Credit Card Agreement Additional
Terms and Conditions is attached hereto, incorporated herein and marked as Exhibit "A".
4. Defendant subsequently defaulted on the terms of the aforementioned credit card
agreement by failing to pay Plaintiff as required pursuant to the to
[?? o74 q Uq
5. In response, pursuant to the terms the credit card agreement, Plaintiff referred this
matter to the NAF for Arbitration; Plaintiff then forwarded Defendant a Notice of Arbitration
and Arbitration Claim form, explaining Defendant's rights and options in accordance with the
Arbitration process. A true and correct copy of both the Notice of Arbitration and Arbitration
Claim form are attached hereto, incorporated herein and marked as Exhibit "B".
6. Both a Notice of Arbitration and Arbitration Claim form were received by
Defendant. A true and correct copy of the proof of service is attached hereto, incorporated
herein and marked as Exhibit "C".
An Arbitration occurred in this matter at which time both parties were provided
with full and fair opportunity to present any evidence and their position in regarding to this
matter.
8. An NAF Arbitration Award was entered in favor of Plaintiff and against
Defendant in the amount of Thirteen Thousand Seven Hundred Eighty-Two Dollars and
Sixteen Cents ($13,782.16). A true and correct copy of the Arbitration Award is attached hereto,
incorporated herein and marked as Exhibit "D".
9. In conjunction with the issuance of this Arbitration Award, the Arbitrator in this
matter certified: (a) the parties entered into an agreement providing that this matter was to be
resolved in accordance with the National Arbitration Forum Code of Procedure; (b) Plaintiff
filed "a claim with the Forum and served it upon Defendant; (c) the parties had the opportunity to
present all evidence and information to the Arbitrator; (d) the Arbitrator reviewed all evidence
and information submitted; and (e) the information and evidence submitted supported the
issuance of an Award in favor of Plaintiff.
10. The Credit Card Agreement unequivocally states that judgment upon any
arbitration award may be entered in any state or federal Court having jurisdiction.
11. Since the above referenced Arbitration Award is non-binding and unenforceable
against Pennsylvania residents without confirmation of any such Award by a Pennsylvania
Court, Plaintiff has filed the instant Petition, pursuant to the Uniform Arbitration Act, in order to
obtain judgment against Defendant in a Pennsylvania Court, which will better enable Plaintiff to
secure a collectible judgment against Defendant.
12. Plaintiff is entitled to the relief requested in the instant Petition given That: (a)
the aforementioned Arbitration Award was properly obtained by Plaintiff; (b) this Honorable
Court has jurisdiction over the Defendant to confirm the aforementioned Arbitration Award; and
(c) because Defendant did not make an application, pursuant to 42 Pa.C.S.A. §7314, within thirty
(30) days of receipt of the aforementioned Arbitration Award, with the Court to have said
Arbitration Award vacated, modified and/or corrected.
WHEREFORE, Plaintiff/Petitioner respectfully requests that this Honorable Court
confirm the Plaintiff's Arbitration Award, pursuant to 42 Pa.C.S. §7313, and enter judgment in
favor of Plaintiff and against Defendant(s) in the amount of Thirteen Thousand Seven Hundred
Eighty-Two Dollars and Sixteen Cents ($13,782.16).
Respectfully submitted,
CSI b--
Amy F. Doyle #87062
Daniel F. Wolfson #20617
Bruce H. Cherkis #18837
Philip C. Warholic #86341
Donald P. Shiffer, Ill #89451
Andrew C. Spears #87737
Ronald M. Abramson #94266
Ronald S. Canter #94000
Wolpoff & Abramson, LLP/Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
4660 Trindle Rd., 3rd Fl., Camp Hill, PA 17011
(717) 303-6700
VERIFICATION
The undersigned hereby states that they are the attorney for the Plaintiff/Movant, who is
located outside of this jurisdiction and in order to file the within document in an expedient and
timely manner, they are authorized to take this verification on behalf of said Plaintiff/Movant in
the within action and verifies that the statements made in the foregoing Petition are true and
correct to the best of their knowledge, information, and belief, based upon information provided
by the Plaintiff/Movant.
The undersigned understands that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities.
Date: d?
at=
Amy F. Doyle #87062
Daniel F. Wolfson #20617
Bruce H. Cherkis #18837
Philip C. Warholic #86341
Donald P. Shiffer, III #89451
Andrew C. Spears #87737
Ronald M. Abramson #94266
Ronald S. Canter #94000
Wolpoff & Abramson, LLP/Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
4660 Trindle Rd., 3rd Fl., Camp Hill, PA 17011
(717) 303-6700
EXHIBIT "A"
GOLDOPT'ON
,,CCoIJNT
AGgEEMENT
i?
AccuntAgreammt
GmrSh In this Apoonrm4 We words "you" Sod "Yeae refer to web and all of the pawn in whose nines this etcoupt WAS UNW and W1
enedit in any way provided for undo iMs Agrnacant 77w words mwo,"'Sts,"'bur," m d'741A Artwira" man MMA Atncrica Bank. N.A. 7
"Advance erera any ben you chase ft nt us under this Avarnont-
Ouu Agrwneat with you consists of tuts Aptrman and the tuns and condidous printed on tw tequimd !Herat disclosures section of the secaq
Torn of Your Account Ittem which is incorporated hasin aced made a pat baeof Plower beep these daeummtls, tad Subsequent menot resits,
When you, or suryaro whom you nomin or paarit. Use your soccunk Yee Won to the toms of this AgromnmL
You consent to aid emthwin MBNA America, aq of its afilllsak OF its maibtbg aMdRW to monitr and/or record my of yaw u&
catmundew with our representatives or the representatives of any of thou complain.
All espiaHn d tarn not ddhod herein #WU have do netting as deiloed in dw, required 66eal disclosures action of yaw Tames of yewAccount I
Creme Roportlog Ageeetsa: V you belie" we L ve"tin niched inaeconie or Lreoni ION laibriaatior about-Yau err Ycrr aoemmt to a credit repo
ageaoy. write bus ne MBNA. Credit Reporting Agemeies, P. O. Box 17054, WfoMftODr, DO 19881-7054. Please include yon nma, sddrear,, b
phone wmbr, and amount number. and explain what you believe is Lamsw or Incenvieta
now To Me Your Acaaat: Yon any no Your account to Parham or lase good<a services hoot prreona wbo hoar alwola. You tray abbl a e
credit under year *moan by requesting ebeeb or draft probla is U.& Delios Oft WIN he sent either directly b yam deaipubd psyaed or to you
deposit depeods ? do offa On direct policies and p Sara Advances ishe yaw bwklm$ account or ftess of your crodiscoL of the reach os h spair fate b
forwarding to fiends seat Onwo direct doodsombed
se pmorb
goods are services 8rn a nerdmd, we may rid Advances dheody to 0w covalent: on.Mw behalf. Fmm lope to tbm, we ve y issue you addida
ehootor or office attar additional Advances io response b yaraequeoL You traynot on auyAdraae StA* to make a payment on dds account ormboy
rotors a psy nW at any otbr erodRaeeoontwftb vs.
authaiattw b mdse a chase, yet may be N" for A Advma
Myou parrot Say parson to Adraoor WNdn Yon mr Mahe t Meade dedi6s
ode by' matpeaon ioehod6ag
You asfea motto use apoatdood cbeak toobms adbt tadrryor amount gym dopooW s cbmkby Whicb you propose to ohbin me atdrytn
aeeounb yr nayeteetto hoar {tnpuhpreracbrost err moan k httvaid b der early wMobpaseneed it ter papaenp widows in violas can mailing de, dos
dbwaontachook. Waves aatil"loyouftonylororw4noeinvested byyouaWtwoutKMoaeMmwMinolta take.
You must return all ciw bb IS on request
Ccwdk Urdu Your audit Nail IS allow an your Tear of Your Amon hoer ad generally on eve metddy sit We say cbmtge yaw crest
link or limb /Tom liens to thug, Sod we wM no* you if we do. The bid smart of audit atMmditg at amduts met not be mars them your asst
li nit We may *be eehbl'sh a sepaab credit If nit for certain balsa. If we do, your mbbod rg bourses an than typed of items nay not sxtwad this
sepaa. moditUnit. .
Retreat hr Crook Over Your Credit Lladhr Ifyou request =edit in my firm witicp, Kprited, Would rnruh to slow your totst oubimding bahnes
or your seprsb ohdatading 1tSYaes, Including auNolad uanection not yet pooled b yet' secoutu, iebog more then your credit Nadt of Your apatab
credit Burt, if we,Aave osteMidod one bryou, (witehw r rat amb batmces hefee the agrwtwae mere him to tnpctlw credit limit), ors cosy;
(t) 8waiietaqurtwi0wutpmrmmtlyniirgyarcreditihrit
. j2) Honor do request and trat tie amowtwTdch is moo them yourcredit Umitu due' I or
(3) ReSwe to bona dos request We my advise Ow pawn woo code die request dust it hat boa retWed. N we reAwe b honor r ekooX we
only do so by ndvbft the person protecting On cheek flat credit ber bees redsed, fit trra are iartfildett fords an pay fie ebeck, or in any
odrertrormr.
if we bavo prevfoudy lowered request for credit over yon credit lint ;.it donnot tam toes we wilts poser hardier overtietdt tupnats. ff we decide b
boner adta request, weeny aura ma oveAOrdt fee as provided in ah Avema t.
Additional Advasea: You may abuse additional Advances from time. to tiro provided-eha yon-eautime to mat our ioconve Sid credit madsods
witLohu mlr afgnifiarttadvras ahemtffi• 7be approval of are request does not none On approval of other re wens. Additond Advbeceposed b ym r
account cane the tam of tb= loan I* ro atom, recoftne in a revised minimum nor" payromt and rorbal langthof time to spay dw kae. Additional
Advances must be a least aI00.0o.
'rearm of Year Loan. Yam repaYanent term is diacie"d in another deesnt"ut40 edom Yom can" Paymentardw will be (1100109 01 as the Correct
Payment an your tooromby.statsreatU. rosin events mayrauit in your SocouabwleceeW b abg paid off dubg the Dart hi dds nos, we do oat
ebtange themidmas menthlypsymatt Sonnet bat=ed, we extand the tern to repay that baknm For exenple, the following evens will =lend the term:
(0 a paymrat holiday whieb you tape: (ti) an mores in the pritme rate for any variable annual ptrnntW tact account; NO alt few imposod on you
account, each as cheek trausediae fen, lab for, over the credit limit fees and insurance prea iume; and [v) Payments rec civai later then the paymatt due
date.
Alen, the mdnhntmr monthly payment doer not take into seta the efibct of adding unpaid Periodic Rafe Poume Charges Messed as A&
dallyAdvance hatance. Thb willmdand the term
The foilewieg events win reduce the term (but rn71 not change the mfnhmm paymwrt due each renth): (f) a tmnpesry redoodm in the sonnet
ace, anch ae a prurnotimai ate: #0 a decrease on the prime rate for any variable annual pereentage rata and (i(i) paymmb grant. than its
mioimum payment.
Raparmatt You prombe to pay us the atnmmto of an credit you obtain. this kchtdet an Adveues, any has, charges, and knormen pm
charge agdnat yaw account and Pines Cbar®es. .
You eery pay the m*s attounf outstanding at pry tone without pernhY. You trant pay each tnon I at least the moon nrmn payment shown
manthy statement. 7ha nitonrm payment will be the total of 0) the current payment summit dorm m Your tttmthly smenteetk plea (it) the b,
any past due psymm" The crare tpsymast mama is based upon the amount cubntding, do tam of yow toay and the Sead petmmtaga rata
overpay or it a credit balance Is otlarwfse created in your sccoun4 via wig not pry interest m such amarAL Paymmb gastr, neat na r
mioirom payment win teduea die total amount of Phuace a bow othepvimpayable by yea.
We will alfoeale your payments in do ttaaar we determine. fa mad inetpmes, we will allocate your pa nuft to balances (omb ellog new bans,
with lower APRs helbre balaram with 1dgbrAPRs. This wall nesutt sec new baboons with krwerAPRs (far eaagnle, nose with WOMOtioai APR e
being paid bears tiny olhr adaMg balances. AN payments will be crWftad to your wee" na do bMkw cycho in wWA each pwymeee is nets
kfinkman monddyp oymanb eanmrbe amdo in advance and payments me& in asyb(nhng cycle which am greasy than the nrf I on paysimt dn"
not affmymr obttgsaiom to nukembeaquem nbdmrm payments emobanet6. Waco reject pgwanb rent denopdnated to U& doltus or sot dm
a U s. Bmk. No paymen[ slap oparale as m woad and satiafctice without tits prior eer4bon appmvd of a aeafr OMM O(MBNA Ammice.
An prsone who fWda y or subaqumny "oak accept or on tba account are individually responsible ft any mnpodleg balance. jr two or r
person we rempanrble to pay my outabndtmg baleen, we may rhAm b release pry of tome Sun Maliigr meal an of do cheeks coestatding undo
accomthave lam returned m m and the balm= is POW in fan.
Payme* RaRdayu We arty snow yen, Sou lime to thee, to on* a ramdnly payarat We m'n soft ym Whom Ids option It available. Ifyou am
pa.M.k Finafoe ChWS% and hee mea preadmns, if pp, will ante an your balance le aou0edoms with this Agaarraot 7% regntiemrrmt eat I
mdse arninimmn payment etch modh will resome bunwbrg Wurpsymmt holiday. A Payment boH6ywM imma na rem otyour )om.
1>IIllangGyda: AMningoyokbsgtoaaatleedttyadartheelodagdabshswoasyaraooamn'apaosdarrsomthystaanwptaedmdsmtkeaiostagdr
eat appease m your smatm 'a statement ga the current moons
Ianramm Ckm11P credit faomeemay ben of<aed o ym from tiara b the. Pmebare of fhb krnaos b atrbny optiamL Ifpaehssad, the haNs acre
relit protect us if an event oaaas for which bmanh m provided. We datermaa the cost offhis insurance by awdlipbrong the Inseams g than it alyhe
by the average ofyour Aavastmana nthrnthages oubnpatngdurteg teeldtlfngcycle. The proolun Is charged to, yaw account "go OthrCymga.
Rate9bt You rosy bo oftaed certain Imamate hem tint to time,' Which win be subject to tha teshiodea oudhW by MONA America its a baWra or
admodm MUNA Amsica mm u the right to, adjust, add, or ddaso benclim and mvkcs as anythew sad withou "am
Reasons for Rsgalrbtg Iseasd efe Paya e! You will be In da8uh and we am fequim imessfe p_pmnst of se Is you an i! (t) Yea 6A to
make any mpdred pwjWmt leer Qm..)¢.aymad De Daft R) yaw New Salmom oW nomad. year otaftit gndy at if we mesa asbbblshed a uparafs credit
Resit tr you, yen separate otssundbabalsom emmeds your scl aaoe credit No ft or (3) you Idl to Wda by any othr teen of tole AgoeuasL
If you dethdt rmfeta prohbfaedbyapprnceble low. we an also regUIM you o PRY 6110 coltsetim and coat costs we fear in any eoilanaa p ooMdleg, and
¦ reasonable attmfay's Poa'ifww raft your account for collection to an attorney who b riot our salaried ampbfym.
OrSihae to exercise any ofomrights when you dc&uhdoes not mean that we we tubas to ansche dx m rights upon later default
"mat b Hater Your Acmwwt We as not liable far any refusal to hams Your account kdodkfg say farm of Adverts or Jbr tsp. Mention ofyaur
ehrksbyus.amother bank, rmayedkrrbowofgoodsorservices.
Termiastlou: We may suspend or tamdeate your rights to obtain credit at my lima for any ream. Yea obligations under thb
after yawflots to obtain credit have been suspended or taatinafd. Apwnant continua even
An"desanbt - We any "and thisAvem11ent at my dm by adding, deleting, or clanging MMISIons in am pffsee with the applicable notfiastim
requhe3. to of Waral law ofd the laws of tho Stste of Iklsware. Er m s mndrm* gWm you the opprnady to reject the change, am Wynn eject the
ehemp in the rmmr provided in such ammdmeaL we may temtiname your tight to receive. cadit and say ask you to roan aR MM devices as a
condition of your re*don. 11m amended Agremmt (Including any hiahr ate or otter blow adages or &as)win appy to the entire ampaid balmce,
itxduding 6e bala11ceerdating bafine the srnendaenrbecame eSective. We nay replace your noopmt with anodwr amount at any time.
Aasigomestst We may at my firm, and without notice to you, assign your swount any sus due on your account this Agreement or our rights or
obligations under your account or this Agreament to any PMM or mtiy. The pantos Or entity m whoa we asks any such auagnment ahW be cotitled to
all of our rights mNr obligations under this Agreement to the extent assigned.
Vannttertsed Use of Your Aetoaaft You an Hable far the muuthadzed use of your account. You should immediately notify us at MM
1st P.O. Box 13831, WUmingtoa, DR 19850, (Telephone 1-800489348349). wally or in writing of the iaa, the,, or poap3k unwdwrked i
t account
Utiptleer The Arbitration ptuAsiwut below apply In you unless you wise given der oppwbnity to r*d the Arbitration p wAsions and
you dueux la which co you NVW that my iitiptiee brought by you against us reprdtng this account or this ADvouwnt 21*11 bo brought in seem
the state of Delaware.
Arbitration. Any claim or dispuse Ctldn") by cider you or m alpinst ma other. or apynst tho ampleyoa, "ants or Nsigm of tie othor,'Mis
ndeft in any way to this AVoceered or any prior nsy,danagra, pmaldes or 4wJn wy orequitaDk iq luor yaw account din CWmnpNhcg meNppa ?? f ? • or athmwke and
ma "
ticNLitltyO[ddaArbitmtidmSeetienathevaEdi
entim Agmematt err sgyymior Agmernctnt dub be rarolved by 6indE+t NrWtrattoe. "Clsiar sha111atvc Ow bras" meaning possible.
'Ric xWoution stall be conducted by the Nationel Arbitaia Forum ( NAP)` under the Code ofProcodue in eft at the time Oro claim is tiled
and Raton of the Noticed Aibibstion Fonun maybe obtained and (helm maybe tiled st anyNodanal ArUnatbn Forum offiu, t
P.O. Box 50191, Minneapolis, b inneects S544 telephone 1-8004743371. K the NAY is unable or aawlping in ad as adatratoq era nay sl
anaMa natimaRy mcg und, mdepwAent atbht tim orSwd=tion that srs a oWOw code of peocedue, At year written request wa veld advan
arbitration Ming &a.adniubbadveandbestial [erawhich youamrequiredtopaybpaamaClain babitradw, 7%atbitratorwill decide whoi
ultEarOa!)rreapwAbk Rnrpayiag those Rms. Yaw avant will you be required.b rabebufs us Rtrav y ad itation tiling admiahtteygt or battles Ras
aimunt grater dm who you court cats would have been N the slain tad been nwh'bdd is aA% tt cm wlth Jurydieyon Any arbibides hour
"kh you appcw w0l talon plate within the Merl Judicial dbWd the Includes your biftaddrw at the then the claim it Ma This uhih
agveammt is made pursuant to a basoction invelvi g totmshta coma om and dull be governed by the Fedad Asbitatou Auk 9 US.C. 61
("FAA'j..Judgment upon any arNbodun aw.ra maybe entered b say Oasrt bavlagJerisdletim The aebltratim ebsE mllowexfadng sbaendw b
the extent consistent with do FAA and applicable staattea of lindatiero andstm8 borer sayetahm orprivgegs rccopdsd by Im If mypert y rapt
the arbihabr shell Naito an uphdon eoahbtieg do raisons fur the Road.
No calm submitted to wMtstkm is heard by aJny and no Claim may be brought as a eau action or is a Pthwte steamy gwuNNL You do not have
right to we on a class representative or pardalpate as a tKmbo of a elm of claiora s wig upset to my Claim. This Atbihstion Satyon applies to
Chins raw in mtistmece or dust may wise in do Areas.
Ibis Arbitration Section abed survive the kmiatiw Ofyoor aceouat with IS s well IS my wkmhrypyment of me debt b 60 by you, say banlerrpt
by you or ads, of to debt by us.
Fa me pupoaa odds AthRrsdoe Saxion.*Wand*%s"alms MONAAmsiaa Bak NA. Its parent sbddivies, anEisas, Bpabm padacep st
sucomars, awtsa, and any pmchner of yaw Mount, and 40 of dwir OMGK . dieobq, a epidyea, agent, and sdgm or any ud an of *am
Addidonally, "we or wee saall ram say tbbdpsrgprovidbtg tusaetite, rervkea, wpsadaw iu eoeneetien wren tLa aaconatt (ioekding butnet Emlled t
clam boas, ntuehmw dog accept say audit device hood under do aowent nwsd or enrollment atavlom aedlt bauraeng campNalo% del,
wllaearm mw allof tirdt otilow% dbahra, enpbyna Nod aganb) i& aM only IL soh a ddedpetty testNnad by you u a m-dekedmt is my Chios yet
neat apla t a. Afro, Ra dto purposes of din AzMvWmo Soetlm, "yet" or yours AM am say, paws or ondly approved by ea to an the aoeormt,
incini tgiutsot limited to ad pwsaw or eatides eommisaly obgpted an the aeeoentand all authorized users efdo account:
Ir any pan of tlds Ashiastion Section In &and In be invalid or u onbreshk under any law or ahasx ouudssaent wilt the FAA. the romalader of dda
Arbttradw Section dull be entiaeeabte without fegerd to sueb invalidity orssavviatecabdge
THE RESULT OF TMS ARBITRATION AGREEMENT IS THAT BXCSPT AS PROVWM ABOVE, CLAUS CANNOT BE LtT10ATEO IN
COURT, INCLUDING SOME CLAMS THAT COULD HAVE BEEN TRIED DEFORE A JURY. AS CLASS ACTIONS OR AS ATSO 8
ATTORNEY OENERAL ACTIONS.
Gewrning Law: This Agreenumu in made in Delaware. 0 is Warned by the kwa Of the State Of Ddawarq without fellow to its connict of laws
principles, sea bysay applicable fedeml kw&
U my part of dde Agme amt is fotmd b be bvaiid, dw tW ... m eEe ed". Our Rdkse n delay in exaevalaL any of our rights undo der Apceasmt'
dos not nom that we are unabk to a=nise moss Tiou letec
MBNA Amoicam Is It fedadly folOtb red saving us* of MENA America Book NA
.02001 MDNA.AmeripBmkN.A.
Privacy
Your orhaev If hu.oortaat to w
At WNA, we are conanitted to providing you with the flaw financial products and sw&u backed by consiakatly TuMni* s
And wbfle informatierr about you is fiadamenW to our ability to do ibis, we Belly recogrsias the impotmaoe of kaepiog per? a
account initurnation secure.
To ot37sr you the widest range ofp vdwm and services, MBNA may arise Mfmmetion about you both within MM and ouWda a
MBNA with other canpauias. This allows us to offer you products and services that ray intwest you sad bed meet your needs, cod
They we available directly from MBNA or through our relationships with other compwies. We want you to tesdavand oar intiams
safeguards, what information we coiled, what mfomation we share, and the benefits you receive when we share tofmraton show
This notice describes the privacy practices of MBNA Corporation and all MBNA affiHdss, inchtdpg MBNA America Bank N.A.,
MBNAAmerics(DolawmI N.A., MIsidie s Travel Services, Inc, MDNA Halb auk luRunstimftviceIi-Ins., hWA Marke ting
Systems, Inc., and MBNA Insurance Agency, lac. (collectively, 8%B 'j hr financial products and services governed by fie httvs
'the thdW States of America. This notice explains MBNA's inWrmstian collet boa and sharing practices and lces you ohooae whether
not MBNA may share certain information about yon, either within MBNA or outside ofUMA with other cor4mias.
Oar Secarity Procedures: MBNA tmderstands the importance of paoscdbug and Ong ishrocation and udag it appropriately.
Asian to lotbrmadon about you is reshided to the paoplo ofMBNA who regoirelt to provide pt educe or services to puts- We makh
plrydcall, electronic, and precsdaai a hpostfs that ceaaply with federal standards far the security of htffrmaton
when MAMA shares whr ation about you with compmies outside ofMBNA, we require them to impose sa ftuards, use it only for a
pe nitted purpo% and to mean it to us ar destroy it once that purpose is saved.. We Kraft the amount of k&m sdon shared to what is
appropriate to offir a productor wnm affmmdy. MAMA request any eompanyneoeiviag fetumstien hemMONA to aigu a
[JoaSdmdahty Agraeuam containing than mquiraments and obiigotag that company to paged the Eollsmadon a we would
Iatornaden We Colhectr M WA collects and uses nonpublic personal h*ffnatiom about you so conduct our business and to
consistently deliver tha topgsalhy Ca dear service yon expect diem vs Sources efthis inSamrtoo include the followhW
Iaforautou we receive hum you cos spplicatau and other ferns or through, your ooneapondmoe or wnmrmeatloa with no
iachding Though the rail, bytdeplwua, wooer tats Intaaek
lnSermedou we receive tom third pardea; mob as cenarnar reportag agoodes, to vaaiy statements you've made to us, or regarding
your emptoyment, credit, or other redatoahhps: mad
v Ldbxmadon about yew transactions with MBNA and with other cempowas outride of&WA.
Information We Sharer Met" MHNA: We may shah all of the infmmadoa we coiled about you with fmandal service comparth o
wi&W MBNA to offer additional produces or services that may interest you and bat meat your steeds. We bdleve ids is convenient ffnr
you and may save you both time and money. Tin do so, via share ideMiBcaton infomatlen (such as name and address), transaction and
wMarlonce ittfomatou (such as ptucheses and payments), credit eligibility inPo vaidoe (mcb es credit ropmta and applieadans), and
other infotatstioa The decision to purchase any such products or cervices is yours done. You tray tell us not to share credit aligibiaty
infomaton about you within WMA, but please understand This does not pmhiW us hum offering you additional pa:oduete and sonwup
.a from aharing transaction sad esporkocq identification, end other information within WMA.
Information Ws share With Others: FSone time to time, we nay allow companies outside ofMBNA to offer you their pnxbuu and
services tat rimy interest you. 7base products and savtees maybe oEered by fmasciai smiceprovWes(sttch as banters, lean brokeM
account aggregators, insurance agwts, inauaws, compoi ins, nwtgage bankom and seaatties broker-doelaril by nonfinancid s
companies (such as retailers, data inakstas, wnmauticdions companies. lut ere" service provider, maaafteuxers, sa ACe smepantes,
navel agents, andae lines, car rental agencies, hotels, airlines, publishers, and mgmrcatauandasing MBNA firn adel pnmuda or
services), and others (such as nonprofit organizations): Subject to applicable law, we ray share all the information we molted with these
companies outside ofMBNA, unless you tell w not to.
Additionally, we may share all the infmrtion we tolled with companies That ixrfOrmmarketng or other services an our behalf or to
other financial institution with which we havejoint marketing agreananta. We are also permitted bylaw to shat information about you
with other companies in certain circumstances. For instance, we may sham all of the inforaation we collect with companies assisting us
in servicing your loan or account, with companies that endorse our podueb and services through affinity agreements, with govo mnent
entities in response to subpoenas or regulatory requirements, and with consumer reporting agencies. If you tell us not to share
infor ation with cotopanies outside of h MNA that wish to offer you their products and savicea, as described above, please understand
that we will continue to share information in these additional circumstances.
. . ..
Important Information 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, end you may toll ns not to share informotion w
wmpaoim outside of MHNA that wish to offer you their products and services as described above. If you wish to opt out of Arch
W madon sharing, p law call toll-free 1-866.751.1255. We will ask you to verify your identity and the spender accounts to wk
opt out applies, en pease have all your aeronaut, membership, or refaanae numbers and your Social Security number or Taxpayer
Identification number for deposit accounts available when you call.
MBNA applies opt outs at the account level, not by individual Cum. When anyperson *W with ofhers on an account opto a
wUVP B, a co-applicant, joint account holder, or authorized user), we will list the entire wouiek as having opted out MBNA vrM
continue to adhere to its disclosed privary practices fir an accotmt am if it become inactive or is closed.
An opt out Bum information sharing on an wcoant as described above, either within hOW and/or with cc mpuries outside of MBr
remains effective uniew revoked in writing. Federal regulations require us to provide this Mike on an annual bade, whether or not r
account has previously opted out Sum either type of infomatioa ahAfng. Plaed renrembw when you receive am subsequent notim
an account previously opted out from either or both typo of httorumtion sharing (and not rmkod in uniting) does rot need to be opt
.out aphL
TMs nods * updafas and.repliam agypmviom notices fromhMA about the privacy. now", and protection of inibmstion. For
additional is bnoation regarding MBNWs privacy practices concerning the hreesuet, and to view the most resent version of this pnm
notice, plesse go to and eUdt on PrfvacyNotica" You mWhave otherprivacy protections ruder assts Uwe. Worm
amead this privacy notice st any time, and we will inform you of changes as required by low.
EXHIBIT "B"
IN THE
171 NATIONAL ARBITRATION FORUM
CLAIM
MBNA America Bank, N.A.
c/o Wolpoff & Abramson, L.L.P. RE:
Attorneys in the Practice of Debt Collection Forum File Number: FA0407000303391
Two Irvington Centre Claimant File Number. 0120749799
702 King Farm Blvd. Account No.: 74993997275927
Rockville, MD 20850 Card member Agreement Type: GRFIXD
CLAIMANT,
Kristi A Blasser
1107 Quincy Cir
New Cumberlnd PA 17070-2243
RESPONDENT(S),
For a Claim against Respondent(s), Claimant states:
1. By way of contract and use of the credit account at issue, Respondent(s) became bound by the terms of a credit agreement
(hereinafter the "Agreement"), which is attached hereto and incorporated herein by reference.
2. Respondent(s) is/are in default under the terms of the Agreement and is/are now indebted to Claimant in the amount of
$1146259 , as reflected in the attached account summary, plus interest of $235.53 as of the date of filing, and at
6.00% thereafter.
3. Despite repeated demands for payment, Respondent(s) has/have not paid the amounts due.
4. Claimant requests an Award for the amounts reflected in Paragraph 2, plus all arbitration fees incurred, Process of Service
fees and Attorney Fees of $1719.38 , if allowed by law, equaling 15% of the outstanding principal balance.
5. The attached Agreement contains a Delaware choice of law provision and a provision for "reasonable" attorney fees.
Delaware law specifically provides that an attorney fee may be awarded in an amount up to 20% on an unpaid claim if
allowed by law. See, 10 Del. Code Sec. 3912 (Pleading & Practice).
6. The attached Agreement contains a mandatory arbitration provision under the Rules of the National Arbitration Forum
("NAF").
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 based upon information provided by Claimant to the undersigned counsel.
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Practice of Debt Collection
BY:
Bruce H. Cherkis, Esq. Neal J. Levitsky, Esq.
ADMITTED: (MD, DC, PA) ADMITTED: (DE)
Counsel for the Claimant
If Respondent or counsel wishes to contact Claimant, please call or write:
Paralegal Department
Wolpoff & Abramson, L.L.P.
Two Irvington Centre
702 King Farm Blvd., 5th Floor
Rockville, MD 20850
1.800-830-2793
NAFCM2lNAF3 15A
172
SUMMARY OF ACCOUNT INFORMATION
ACCOUNT STATUS REPORT
Date Filed: 07/23/2004
Account Number: 74993997275927
Cardmemeber Agreement: GRFIXD
Primary Account Holder: KRISTI A BLASSER
Address: 1107 Quincy Cir
New Cumberlad, PA 17070-2243
Home Phone:
Work Phone:
Social Security Number: 175486995
Secondary Account Holder:
Address:
,
Home Phone:
Work Phone:
Principal Balance: $11462.59
Interest Rate: 6%
Date Assigned: 03/19/2004
INFORMATION DRAWN FROM ACCOUNT RECORDS AND CURRENT AS OF THE DATE FILED
15A
NAFCL4/NAF3
173
NOTICE OF ARBITRATION
Dear Respondent,
AN ARBITRATION CLAIM HAS BEEN FILED AGAINST YOU.
Enclosed and served upon you is the Initial Claim. You may obtain a copy of the Code of Procedure,
without cost, from the Claimant or from the Forum at WWW.ARBITRATION-FORUM.COM or
800/474-2371.
IF YOU DO NOT SERVE 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 served on the Claimant and
filed with the Forum. Read Forum Code of Procedure Rule 13. A Counter Claim, Cross-claim
or Third Party Claim may also be served and filed, and accompanied by the fee as provided in
the Fee Schedule. 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 and you will lose your case.
2. Demand a Document Hearing or a Participatory Hearing. You may request a Hearing in your
Response or in a separate writing. Unless you have agreed otherwise, an In-person
Participatory Hearing will be held in the Judicial District where you reside or do business. You
may also request a hearing on-line or by telephone. Your written Request for a Hearing must
be filed with the Forum. You must also serve a copy of your Request on the Claimant and any
other Parties. Read Forum Code of Procedure 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
- - served and filed within the time required by the Code of Procedure. If youhave any questions
or need help in 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.
The Forum
P.O. Box 50191
Minneapolis USA 55405-0191
(651) 631-1105 (800) 474-2371
info@arb-forum.com
ARBITRATION-FORUM.COM
15A
NAFCL5/NAF3
EXHIBIT "C"
RETURN OF SERVICE
State of
County of
Court
Case Number. FA0407000303391
Plaintiff:
MBNAIGOLD RESERVE-GOLD OPTION
VS.
Defendant:
KRISTI A BLASSER
For.
WOLPOFF & ABRAMSON L.L.P. MD
Two Irvington Centre
702 King Farm Blvd.
Rockville, MD 20850-5775
Received by STOKES & LEVIN, LLP to be served on KRISTI A BLASSER, 1107 QUINCY CIR,
NEW CUMBERLAND, PA 170702243.
I, Bernardino Lopes, do hereby affirm that on the 2nd day of October, 2004 at 7:03 am, I:
Personally Served the within named person with a true copy of this ARBITRATION CLAIM with the
date and hour endorsed thereon by me, pursuant to State Statutes.
Bernardino Lopes
Process Servers
STOKES & LEVIN, LLP
27 Glen Street
Suite 9 B
Stoughton, MA 02072
(781) 341-8390
Our Job Serial Number: 2004003988
Ref: 120749799
Service Fee:
COPWIgM 0 1982.2001 Danes Sanrim. Inc. - Procett Swie t Tooltwr V5.5f
EXHIBIT "D"
III
NATIONAL
ARBITRATION
FORUM
MBNA America Bank., N.A.
c/o Wolpoff & Abramson, L.L.P.
Attorneys in the Practice of Debt Collection
702 King Farm Blvd, Two Irvington Centre
Rockville, MD 20850-5775
CLAIMANT(s),
AWARD
RE: MBNA America Bank, N.A. v Kriati A Masser
File Number: FA0407000303391
Claimant File Number: 74993997275927
Kristi A Blasser
1107 Quincy Cir
NEW CUMBERLND, PA
170702243
RESPONDENT(.).
The undersigned Arbitrator in this case FINDS:
1. That no known conflict of interest exists.
2. That on or before 07/22/2004 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 Award as stated.
Therefore, the Arbitrator ISSUES:
An Award in favor of the Claimant, for a total amount of $13,782.16.
Entered in the State of Pennsylvania_
4RG.rrm Fsq.
Arbitrator
Date: 12/06/2004
ACKNOWLEDGEMENT AND CERTIFICATE
OF SERVICE
This Award was duly gntenedprid the Forum hereby
certifies that a c o*ht%>tras sent by first
class mail pa e p id to P ies at the above
referenced a fives. on
Honorable Ana, Rat.
Director
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
Plaintiff NO.
VS.
KRISTI A. BLASSER
Defendant
CIVIL ACTION - LAW
AND NOW, TO WIT, comes the Petitioner/Plaintiff, MBNA AMERICA BANK,
N.A., by and through its attorneys and the law firm of Wolpoff & Abramson, LLP, and files the
following Memorandum of Law in Support of Petition to Confirm Arbitration Award, and in
support thereof avers as follows:
I. STATEMENT OF FACTS:
Defendant(s), KRISTI A. BLASSER, was/were issued an open end credit card account
by Plaintiff. Defendant(s) has/have been at all relevant times material hereto a regular user(s) of
this credit card for the purchase of products, goods and/or for obtaining services. Defendant(s)
has/have been provided with copies of the Statements of Account accurately showing all debits
and credits for transactions on the this credit card account; Defendant(s) never objected to the
above mentioned Statements of Account submitted by Plaintiff to Defendant(s) which detailed
the products and services purchased using this account.
In the event of a breach for nonpayment, pursuant to the Credit Card Agreement, the
parties agreed that this matter would be referred to the National Arbitration Forum (hereinafter
NAF) to effectuate collection. This matter was referred to the NAF for determination and
disposition; the NAF entered an Arbitration Award against the Defendant(s) in favor of the
Plaintiff in the amount of Thirteen Thousand Seven Hundred Eighty-Two Dollars and Sixteen
Cents ($13,782.16).
II. ISSUE PRESENTED:
Whether, pursuant to 42 Pa.C.S. §7313 of the Uniform Arbitration Act, should this
Honorable Court confirm the Arbitration Award entered by the (NAF) against the Defendant(s)
and in favor of the Plaintiff.
III. ARGUMENT:
Contracts containing clauses providing for settlement of disputes arising thereunder by
arbitration are valid, and irrevocable except on such grounds as exist at law or in equity for the
revocation of any contract. General State Authority, to Use of Dunzik, v. John McShain. Inc., 25
A.2d 572, 573 (Pa. Super. 1942); 42 Pa.C.S.A. §7303. When parties agree to arbitration in a
clear and unmistakable manner, Courts make every reasonable effort to favor such agreements.
Emmaus Municipal Authority v. _Eltz, 204 A.2d 926,927 (Pa. 1964).
The Federal Uniform Arbitration Act was drafted by the National Conference of
Commissioners on Uniform State Laws and was approved for use by the American Bar
Association in 1955. Pennsylvania codified the Uniform Arbitration Act (hereinafter UAA); 42
Pa.C.S.A. §§7301-7320 in 1982. The purpose of the UAA is to promote resolution of disputes in
a nonjudicial forum while still providing for the Court's role in compelling or staying Arbitration
proceedings when requested. Chester Upland School Dist. v. McLaughlin , 655 A.2d 621, (Pa.
Cmwlth. 1995), appeal granted 665 A.2d 471, 542 Pa. 637, affirmed 675 A.2d 1211.
Further, while a party can waive their right to arbitration, the question of the timeliness of
a demand for arbitration is not one of interpretation of the agreement and not one of the existence
of scope of the arbitration provision; it is thus outside the bounds of judicial review and its
resolution must be left to arbitration. Highmark Inc. v. Hospital Service Association of
Northeastern Pennsylvania, 785 A.2d 93 (Pa. Super.2001), rear¢ument denied, appeal denied,
797 A.2d 914. Here, the account issued to Defendant by Plaintiff was governed by the
aforementioned card member agreement, which contained an Arbitration clause. By virtue of
Defendant's use and maintenance of the subject account, Defendant became bound by all terms
of the account, including the agreement to arbitrate.
The Federal Arbitration Act, which governs the aforementioned Arbitration proceeding
conducted by the NAF, does not require that an agreement to arbitrate be signed; See 9 U.S.C.,
Section 2; see also Bouriez v. Carnegie Mellon, 359 F.3d 292 (parties may be compelled to
arbitrate if common law principles of agency and contract support such an obligation and that a
person may be equitably estopped from challenging an agreement that includes an arbitration
clause when that person embraces the agreement and directly benefits from it). By way of further
response, where the offered silently takes offered benefits, courts will often find an acceptance.
Further, this is especially true if prior dealings between the parties, or trade practices known to
both, create a commercially reasonable expectation by the offeror that silence represents an
acceptance, and in such a case, the offeree is under a duty to notify the offeror if she does not
intend to accept. 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 in law
or in equity relating to the validity, enforceability or revocation of any contract. 42 Pa.C.S.A.
§7303.
As outlined in Plaintiffs Petition, pursuant to the Credit Card Agreement Additional
Terms and Conditions, which Defendant received during the time period in which Plaintiff
issued Defendant the subject open end credit card account, the parties agreed that this matter was
be referred to the National Arbitration Forum for Arbitration in the event of any claim and/or
dispute arose if the account is referred to collection. By using the subject credit card to purchase
products and services, Defendant agreed to these terms.
Pursuant to 42 Pa.C.S.A. §7314, pertaining to vacating an Arbitration award by the
Court, a motion to vacate shall be made within thirty (30) days after delivery of a copy of the
award to the applicant, except that, if predicated upon corruption, fraud, misconduct or other
improper means, it shall be made within thirty (30) days after such grounds are known or should
have been known to the applicant. 42 Pa.C.S.A. §7314(b). No such relief has been requested
by Defendant within the applicable time limits in this matter.
Except as otherwise prescribed by general rules, 42 Pa.C.S.A. 7319(2) provides that the
application to a Court under this subchapter shall be made to the Court in the county where the
adverse party resides. 42 Pa.C.S.A. 7319(2). Upon the granting of an Order of Court
confirming, modifying or correcting an award, a judgment or decree shall be entered in
conformity with the Order, and the judgment or decree may be enforced as any other judgment
or decree. 42 Pa.C.S.A. §7316. On an application of a party, the Court shall confirm an award,
unless within the time limits imposed under section 7313, grounds are urged for vacating,
modifying or correcting the award, in which case the Court shall proceed as provided in section
7314 (relating to vacating award by Court) or section 7315 (relating to modification or correction
of award by Court. 42 Pa.C.S.A. §7313. The meaning of this section is that the Court is to
confirm an Arbitration award if it has become final, i.e., unless, within a thirty (30) day appeal
period, someone has presented the Court with grounds for setting the award aside. Atlantic
Richfield Co. v. Atlantic Independent Union, 537 F. Supp.- 371:(E.D.Pa. 4982). Further, the fact
that the relief awarded by the arbitrators was such that it could not or would not be granted by a
Court of law or equity is not a ground for vacating or refusing to confirm the award. 42
Pa.C.S.A. §7314(a)(2); Racicot v. Erie Ins. Exchan¢e, 837 A.2d 496, 500 (Pa. Super. 2003).
IV. CONCLUSION
Here, none of the applicable exceptions to avoiding this NAF arbitration award exist.
Both Plaintiff and Defendant(s) entered into an open-ended credit agreement which contained a
valid arbitration clause. When Defendant(s) breached this agreement through nonpayment
Plaintiff exercised its contractual right to arbitrate its claim through the NAF. After receiving
appropriate notice of arbitration, Defendant(s) was/were afforded a full and fair hearing on the
merits. Following the NAF arbitrator's finding in favor of Plaintiff, Defendant(s) had the
opportunity to challenge Plaintiff's award; Defendant(s) did not do so. Therefore, in light of the
foregoing, there is no basis to disturb the arbitrator's finding, and Plaintiff respectfully requests
that this Honorable Court grant the relief requested in Plaintiff's Petition to Confirm its
Arbitration Award.
Respectfully submitted,
CR
Amy F. Doyle #87062
Daniel F. Wolfson #20617
Bruce H. Cherkis #18837
Philip C. Warholic #86341
Donald P. Shiffer, III #89451
Andrew C. Spears #87737
Ronald M. Abramson #94266
Ronald S. Canter #94000
Wolpoff & Abramson, LLP/Counsel-for Plaintiff -
Attorneys in the Practice of Debt Collection
4660 Trindle Rd., 3rd Fl., Camp Hill, PA 17011
(717) 303-6700
LAW OFFICES
WOLPOPP & ABRAMSON, L.L.P.
ATTORNEYS IN THE PRACTICE
OFOEBT COLLECTION
6660 TRINDLE ROAD
THIRD FLOOR
EXHIBIT " B"
CAMP HILL, PA 17011
]1]-303-6]00
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
Plaintiff
vs.
KRISTI A. BLASSER
NO. 0.9 -'Y?tr I
CIVIL ACTION - LAW
RULE
?tv?l. L?l
AND NOW, this z57' day of a C"61? , 2005, upon the
consideration of the foregoing Petition to Confirm Arbitration Award, it is ORDERED
that the parties to this action show cause, if any they have, why this Motion should not be
granted.
RULE RETURNABLE Za days from the date of service hereof.
BY THE COURT:
\1-:
Defendant
I -RUE Copy FROM RECORD
'n "f:ssACUSOny rrtse^ar3. 1 ia?rr. att+'o s6! ?' ne14
?-;y,d av seal of said C t Cant ta. .
Te--i4y d ol
i
ottm
VERIFICATION
The undersigned hereby states that he/she is the attorney for the Plaintiff/Movant,
who is located outside of this jurisdiction and in order to file the within document in an
expedient and timely manner, they are authorized to take this verification on behalf of
said Plaintiff/Movant in the within action and verifies that the statements made in the
foregoing Motion are true and correct to the best of their knowledge, information, and
belief, based upon information provided by the Plaintiff/Movant.
The undersigned understands that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
Date: \ a
Amy F. Doyle #87062
Daniel F. Wolfson #20617
Philip C. Warholic #86341
Andrew C. Spears #87737
David R. Galloway #87326
Tonilyn M. Chippic #87852
Ronald M. Abramson #94266
Ronald S. Canter #94000
Bruce H. Cherkis #18837
WOLPOFF & ABRAMSON, LLP
Attorneys in the Practice of Debt Collection
4660 Trindle Rd., 3rd Floor
Camp Hill, PA 17011
(717) 303-6700
I LAW OFFICES
WOLPOFF & ABRAMSON, L.L.P.
ATTORNEYS IN THE PRACTICE
OF DEBT COLLECTION
6660 TRINDLE ROAD
THIRD FLOOR
CAMP HILL, PA 17011
717-303-6700
. .. ,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
Plaintiff NO. 05-4761 CIVIL TERM
vs.
KRISTI A. BLASSER
CIVIL ACTION - LAW
Defendant
CERTIFICATE OF SERVICE
The undersigned does hereby certify that I served a copy of the Motion to Make
Rule Absolute upon the individual named below by First Class Mail, Postage Pre-Paid,
on this day of A 20-Q&-.
KRISTI A. BLASSER
1107 QUINCY CIRCLE
NEW CUMBERLAND, PA 17070
LAW OFFICES
WOLPOFF& ABRAMSON, L.L.P.
ATTORNEYS IN THE PRACTICE
OF DPRT COLLECTION
4660 TRINOLE ROAD
THIRD FLOOR
CAMP HILL. PA 17011
G
Amy F. Doyle #87062
Daniel F. Wolfson #20617
Philip C. Warholic #86341
Andrew C. Spears #87737
David R. Galloway #87326
Tonilyn M. Chippie #87852
Ronald M. Abramson #94266
Ronald S. Canter #94000
Bruce H. Cherkis #18837
WOLPOFF & ABRAMSON, LLP
Attorneys in the Practice of Debt Collection
4660 Trindle Rd., 3`d Floor
Camp Hill, PA 17011
(717) 303-6700
]1)-303.6]00
ra o
c? .:a -„
?_
?+ ?T'
I11,?-
J "t'1
_ ? 5: _l
- !z
i?.- ;... <<. ...
{l1
l
L?3
n ??
,?.J
S ?
LAW OFFICES
WOLPOFF & ABRAMSON, L.L.P.
ATTORNEYS IN THE PRACTICE.'
OF DEBT COLLECTION
4660 TRINDLE ROAD
THIRD FLOOR
CAMP HILL, PA 17011
717-303-6700
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
Plaintiff NO. 05-4761 CIVIL TERM
VS. CIVIL ACTION - LAW
KRISTI A. BLASSER
Defendant
ORDER
AND NOW, TO WIT, Z ? day of _ '} 2005, upon
consideration of the foregoing Motion, and Defendant/Respondent having failed to show
cause as ordered by this Court, it is hereby ordered and decreed that judgment is entered
in favor of Plaintiff and against Defendant/Respondent in the amount of Thirteen
Thousand Seven Hundred Eighty-Two Dollars and Sixteen Cents ($13,782.16).
BY THE COURT:
Ili
?U
o
G
r
-(ni11J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-4761 CIVIL
MBNA America Bank, N.A.
Plaintiff
Kristi A Blassser
vs.
Defendant
CIVIL ACTION - LAW
PLAINTIFF'S PRAECIPE TO ENTER FINAL JUDGMENT
TO THE PROTHONOTARY:
Please enter a final judgment for $13,782.16 in Plaintiffs favor and against Defendant in
accordance with the attached Order of Court entered in these proceedings,
Respectfully Submitted,
'j ' 1??n /I r4
Amy F. Doyle #87062 / Daniel F. Wolfson #20617
Philip C. Warholic #86341 / Andrew C. Spears #87737
David R. Galloway #87326 / Tonilyn M. Chippie #87852
Ronald M. Abramson #94266 / Ronald S. Canter #94000
Bruce H. Cherkis #18837
WOLPOFF & ABRAMSON, LLP / Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
4660 Trindle Road, 3rd Floor, Camp Hill, PA 17011
(717) 303-6700
LAW OFFICES
?OLPOPF A ABRAMSON, L.L.P.
ITTORN£Y£ IN THE PRACTICE
OF DEBT COLLECTION
46W TRINDLE ROAD
THIPD FLOOR
CAMP PILL, PA 77011
777303-6700
IN THE COURT OF COMMON PLEAS OF F E B 0
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, MA.
Plaintiff
vs.
KRISTI A. BLASSER
NO. 05-4761 CIVIL TERM
CIVIL ACTION - LAW
ORDER
AND NOW, TO WIT, 2A?A day of , 2005, upon
consideration of the foregoing Motion. and Defendant/Respondent having failed to show
cause as ordered by this Court, it is hereby ordered and decreed that judgment is entered
in favor of Plaintiff and against Defendant/Respondent in the amount of Thirteen
Thousand Seven Hundred Eighty-Two Dollars and Sixteen Cents ($13,782.16).
BY THE COURT:
l?t Eikw,; °;tver .K,L\1 \H `9\Sd `:t t.. I<:I :std "?°'1 fT.aE.?t
p•"ai wilti F%? Yfi :?c't i(? Lit: W t??iF?`.?';
i h?gi± 4t? J euG
("14V Itfilv[31
Defendant
2006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-4761 CIVIL
MBNA America Bank, N.A.
Plaintiff
vs. CIVIL ACTION -LAW
Kristi A Blasser
Defendant
CERTIFICATE OF SERVICE
1, Kimberly L. Eisenhauer, an authorized agent of Wolpoff & Abramson, LLP,
hereby certify that a copy of the foregoing order was served this 1--_ day of b 1 Vl
2006, by depositing same in the Post Office at Camp Hill, PA, first class mail, postage prepaid,
addressed as follows:
Kristi A Blasser
1107 Quincy Circle
New Cumberland, PA 17070
WOLPOFF & ABRAMSON, LLP
By 71PQ ?? ue ti
4660 Trindle Rd., 3`d Fl.
Camp Hill, PA 17011
(717) 303-6700
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A. NO. 05-4"161 CIVIL TE
655 PAPER MILL ROAD
Plaintiff
vs
KRISTI A BLASSER
Defendant(s)
CIVIL ACTION - LAW
NOTICE OF JUDGMENT
( x ) Notice is hereby given that a JUDGMENT
in the above-captioned matter h be n entered against. you in the amount of
$ 13982.16 plus interest, on 20&L
( x ) A copy of all documents filed with the Prothonotary in support of the
within judgment is/are attached. ?.
GG''yy //?? _- ____- - _
Ptot'h onotary Civil Division ?J
V/
If you have any questions regarding this Notice, please contact the
filing party.
Amy H. Doyle #87062 / Daniel F Wolfson #
Philip IN d lic #86341 / Andrew C. Spears k
David R. Gallo ay #87326 / Tonilyn M. Chippie #
Ronald M. Abramson #9a266 / Ronald S. Canter #
Bruce H. Cherkis #18837
WOLPOFF 6 ABRAMSON, L.L.P. / Counsel for Plainti
Attorneys in the Practice of Debt Collection
4660 Trieste Road, 3rd. Floor, Camp Hill, PA 1701
(717) 303-6700
(This Notice is given in accordance with PI.R.C.P. 236.1
NOTICE SENT TO
KRISTI A BLASSER
1107 QUINCY CIR
NEW CUMBERLND PA 17070-2243
STNTC/PANOJ WSA FILE NO. 120949799
C2) .fl
?- 12
1%A*A
PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT)
P.R.C.P. 3101 to 3149
MBNA AMERICA BANK, N.A. IN THE COURT OF COMMON PLEAS OF
655 PAPER MILL ROAD CUMBERLAND COUNTY, PENNSYLVANIA
MAIL STOP 1411
WILMINGTON DE 19884-1411
Plaintiff
vs.
KRISTI A BLASSER
1107 QUINCY CIR
NEW CUMBERLND PA 17070-2243
Defendant (s)
JUDGMENT NO. 05-4761 CIVIL TE
PRAECIPE FOR WRIT OF EXECUTION
(MONEY JUDGMENT)
To the Prothonotary: PLEASE ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER.
(1) Directed to the Sheriff of CUMBERLAND COUNTY, Pennsylvania;
(2) against, KRISTI A BLASSER
1107 QUINCY CIR
NEW CUMBERLND PA 17070-2243
, Defendant(s);
(3) and against, PENNSYLVANIA STATE BANK
91 CUMBERLAND PKWY
MECHANICSBURG PA 17055-567 Garnishee(s);
(4) and index this writ
(a) against, KRISTI A BLASSER
, Defendant(s) and
(b) against, PENNSYLVANIA STATE BANK , Garnishee(s),
as a lis pendens against the real property of the Defendant(s) in the name of the
Garnishee(s) as follows:
(Specifically describe property) *** GARNISH ONLY ***
You are directed to attach the property of the Defendant(s) not levied upon in the
possession of PENNSYLVANIA STATE BANK
91 CUMBERLAND PKWY
MECHANICSBURG PA 17055-567
Garnishee(s)
All accounts including but not limited to all savings, checking and other accounts,
certificates of deposit, notes receivables, collateral, pledges, documents of
title, securities, coupons and safe deposit boxes.
Amount due
Interest from 02/17/2006
At an intere t ate of 6% per year
1
Dated:
$ 13782.16 ?
To Be Determined
Total $ 13782.16 Plus costs & interest
Any F. Doyle #87062 / Daniel F. Wolfson 20617
Philip C. Warholic #86341 /
David R. Galloway #87326 / onilyn M. Chippie #87852
Ronald M. Abramson #94266 / Ronald S. Canter #94000
Bruce H. Cherkis #18837
WOLPOFF & ABRAMSON, L.L.P. / Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
AAAn T--Ala Rnnrl_ 3rd Floor_ Camn Hill_ PA 17011 / (717)
r ?.a
?J C ?? ( 4J
-
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-4761 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MBNA AMERICA BANK, N.A. Plaintiff (s)
From KRISTI A. BLASSER,1107 QUINCY CIRCLE, NEW CUMBERLAND PA 17070.
(1) You are directed to levy upon the property of the defendant (s)and to sell .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of PENNSYLVANIA STATE BANK, 91 CUMBERLAND PARKWAY, MECHANICSBURG PA
17055-0567
GARNISHEE(S) as follows:
ALL ACCOUNTS INCLUDING BUT NOT LIMITED TO ALL SAVINGS, CHECKING AND
OTHER ACCOUNTS, CERTIFICATES OF DEPOSIT, NOTES RECEIVABLES, COLLATERAL,
PLEDGES, DOCUMENMTS OF TITLE, SECURITIES, COUPONS AND SAFE DEPOSIT
BOXES,
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $13,782.16
Interest ROM 2/17/06 @ 6% PER YEAR
Atty's Comm %
Atty Paid $127.47
L.L. $.50
Due Prothy $1.00
Other Costs
Plaintiff Paid
Date: NOVEMBER 13, 2006
(Seal)
C R. Long, Pro
By:
Deputy
REQUESTING PARTY:
Name ANDREW C. SPEARS, ESQ.
Address: 4660 TRINDLE ROAD, 3RD FLOOR
CAMP HILL PA 17011
Attorney for: PLAITIFF
Telephone: (717) 303-6700
Supreme Court ID No. 87737
.--.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA BANK AMERICA, N.A.,
Plaintiff
V.
KRISTI A. BLASSER,
Defendant
PENNSYLVANIA STATE BANK,
Garnishee
No. 05-4761 Civil
CIVIL ACTION - LAW
ENTRY OF APPEARANCE
Please enter the appearance of the undersigned and Latsha Davis Yohe &
McKenna, P.C., on behalf of Garnishee, Pennsylvania State Bank, in the above-
captioned matter.
Respectfully submitted,
Dated: /1.&N2
LATSHA DAVIS YOHE & MCKENNA, P.C.
By ('ICJ
Glenn R. Davis
Attorney I. D. No. 31040
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
(717) 620-2424
Attorneys for Pennsylvania State Bank,
Garnishee
111990
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing was served in the manner indicated upon the following:
Service by first-class mail addressed as follows:
Andrew C. Spears, Esq.
Wolpoff & Abramson, L.L.P.
4660 Trindle Road, 3rd Floor
Camp Hill, PA 17011
Service by certified mail addressed as follows:
Kristi A. Blasser
1107 Quincy Circle
New Cumberland, PA 17070
Dated:l G 6 E'
lh4AJ
Helen Samuels
Legal Secretary
?- F
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA BANK AMERICA, N.A.,
Plaintiff
V. .
KRISTI A. BLASSER,
Defendant
PENNSYLVANIA STATE BANK,
Garnishee
No. 054761 Civil
CIVIL ACTION - LAW
GARNISHEE, PENNSYLVANIA STATE BANK'S ANSWER TO
INTERROGATORIES TO GARNISHEE IN AID OF EXECUTION
GENERAL OBJECTION
Pennsylvania State Bank, Garnishee herein, objects to these Interrogatories to the
extent that the notice and instructions attempt to assign obligations and/or meanings
which are outside the scope of the Pennsylvania Rules of Civil Procedure. Without
waiving this objection, Garnishee answers as follows:
ANSWER
1. At the time of service of the Writ of Execution, Defendant maintained no
accounts with Garnishee, Pennsylvania State Bank.
1A. Not applicable.
2. At the time of service of the Writ of Execution, Defendant did not
maintain a safe deposit box with Garnishee, Pennsylvania State Bank.
3. At the time of service of the Writ of Execution, Defendant did not own any
personal property that was in Garnishee, Pennsylvania State Bank's possession or
control.
4. No.
5. No.
6. No.
7. No.
8. No.
9. No.
Dated: l o?-to (.0
111991
Respectfully submitted,
LATSHA DAVIS YOHE & MCKENNA, P.C.
By C?Q - +L
Q--JQ
Glenn R. Davis
Attorney I. D. No. 31040
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
(717) 620-2424
Attorneys for Pennsylvania State Bank,
Garnishee
2
VERIFICATION
The undersigned hereby verifies that the statements of fact in the foregoing a,-C
true and correct to the best of my knowledge, information and belief. .l understand that
any false statements therein. are subject to the penalties contained, in 1.8 Pa. C. S. § 4104,
relating to unsworn falsification to authorities.
Dated: 12 I g l2 6 0-6
Dzvid Cherrington, Vice President
Deposit Operat-ion.s
. r
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing was served in the manner indicated upon the following:
Service by first-class mail addressed as follows:
Andrew C. Spears, Esq.
Wolpoff & Abramson, L.L.P.
4660 Trindle Road, 3rd Floor
Camp Hill, PA 17011
Service by certified mail addressed as follows:
Kristi A. Blasser
1107 Quincy Circle
New Cumberland, PA 17070
Dated: Id, 16 16 b ? "-I?
Helen Samuels
Legal Secretary
t? o ?i
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2005-04761 P
COMMONWEALTH OF PENNSYYVANIA
COUNTY OF CUMBERLAND
MBNA AMERICA BANK NA
VS
BLASSER KRISTI A
And now MICHAEL BARRICK
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0010:38 Hours, on the 17th day of November , 2006, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named RESPONDANT ,
BLASSER KRISTI A in the
hands, possession, or control of the within named Garnishee
PENNSYLVANIA STATE BANK 91 CUMBERLAND PARKWAY
MECHANICSBURG, PA 17055
Cumberland County, Pennsylvania, by handing to
SHIRLEY WIRFEL (ASST MNGR)
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her .
Sheriff's Costs: So answers-
Docketing .00
Service .00
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00
. 00 li/3c41,
11/17/2006
Sworn and Subscribed to ,-
before me this day of By
Deputy Sheriff
A.D
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
Plaintiff NO. 05-4761
VS.
CIVIL ACTION - LAW
KRISTI A BLASSER
Defendant
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
To the Prothonotary:
Kindly mark the attachment against the Garnishee, Pennsylvania State Bank, discontinued,
upon payment of your costs only.
Respectfully Submitted,
Dated:
iboLol
Amy F. Doyle 7062
Daniel F. Wolfs n #20617
Philip C. Warholic #86341
Andrew C. Spears #87737
David R. Galloway #87326
Tonilyn M. Chippie #87852
Sarah E. Ehasz #86469
Robert N. Polas, Jr. #201259
Ronald M. Abramson #94266
Ronald S. Canter #94000
Bruce H. Cherkis #18837
WOLPOFF & ABRAMSON, LLP
Attorneys in the Practice of Debt Collection
4660 Trindle Rd., Suite 300
Camp Hill, PA 17011
(717) 303-6700
W&A File No. 120749799
cc: KRISTI A BLASSER
1107 QUINCY CIR
NEW CUMBERLAND, PA 17070
U-t
?m
Cry
t'3 t?
3
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
sheriff's Costs: Advance Costs: 150.00
ireI Sheriff's Costs 91.54 ?n7
ocketing 18.00 58.46
oundage 1.80
Advertising
Law Library .50
Prothonotary 1.00 Refunded to Atty on 07/17/07
Mileage 9.68
Misc.
Surcharge 30.00
Levy 20.00
Post Pone Sale
Certified Mail
Postage 1.56
Garnishee 9.00
TOTAL 91.54 So Answers;
R. Thomas Kline, S eriff
By
b1 .1 d S I ACN 9001
^?-1
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-4761 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MBNA AMERICA BANK, N.A. Plaintiff (s)
From KRISTI A. BLASSER, 1107 QUINCY CIRCLE, NEW CUMBERLAND PA 17070.
(1) You are directed to levy upon the property of the defendant (s)and to sell .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of PENNSYLVANIA STATE BANK, 91 CUMBERLAND PARKWAY, MECHANICSBURG PA
17055-0567
GARNISHEE(S) as follows:
ALL ACCOUNTS INCLUDING BUT NOT LIMITED TO ALL SAVINGS, CHECKING AND
OTHER ACCOUNTS, CERTIFICATES OF DEPOSIT, NOTES RECEIVABLES, COLLATERAL,
PLEDGES, DOCUMENMTS OF TITLE, SECURITIES, COUPONS AND SAFE DEPOSIT
BOXES,
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $13,782.16
Interest ROM 2/17/06 @ 6% PER YEAR
Atty's Comm %
Atty Paid $127.47
Plaintiff Paid
Date: NOVEMBER 13, 2006
(Seal)
L.L. $.50
Due Prothy $1.00
Other Costs
C . Long, P n tary
By:
Deputy
REQUESTING PARTY:
Name ANDREW C. SPEARS, ESQ.
Address: 4660 TRINDLE ROAD, 3RD FLOOR
CAMP HILL PA 17011
Attorney for: PLAITIFF
Telephone: (717) 303-6700
Supreme Court ID No. 87737