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Home My WebLink About05-4763IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff VS. TODSHEDLOSKY Defendant CIVIL ACTION - LAW PLAINTIFF'S PETITION TO CONFIRM ARBITRATION AWARD PURSUANT TO 42 Pa.C.S.A. &7313 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, Williamton, De 19884-1411. 2. Respondent/Defendant, Tod Shedlosky, is an adult individual with a last known address of 6346 N Powderhorn Rd, Cumberland County, MECHANICSBURG, PA 17050. 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. 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 Thirty-Seven Thousand Six Hundred Ninety-Eight Dollars and Twenty-Two Cents ($37,698.22). 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 Thirty-Seven Thousand Six Hundred Ninety-Eight Dollars and Twenty-Two Cents ($37,698.22). Respectfully submitted, VV 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 unworn falsification to authorities. Date: _ C ?- #87062 Amy F. Doyle le 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" Y- ;i K . CT e-e • m ? ? j: • O ?x ' 'ff- 3i O. O . q H ¢5 oo3A's'N°'3o °O^,d as oa.ai;C ?° 07.0 N c fD W ?..G S O N .<: Q. m f0 z?0=0 ?4 a1,0 13, ?e ° d K d eJe J P J N m n 0. Fn"ABvpp oa'F ig _ m o.??n?i tk ?d=?y od3s? To N J.+`.I tp ?Zu_ - O£ _ NC £y+o admB•,,,3???'s ?G?a?2 3m 0 o 3. fD r.• T O 0 n ? y D p ?j an d!f •? ^ 0 d 0!01 > C° .J 9 N N D 1 N N d 7 W r CZ :F Wes. pp m d N A J d? J N P S D S ?. 5 ° z Z y?` aim ° +. 3D odgNg? zai?n aJ oto m'3m?S $'T°_?__ ?o G?aizw-- 3?? S. DDm i T?.'JL^OO ?rCry1 do ?'y? WMb ON p e ?j0???3,Zonih? L m »A ?DaSd D-_•v J m ?+ A •N Nv3c'owZ00 m 7 .?: a J '? N D Z Z 51p 0 a.. DD N c 3 e d .y DDp v ? ?..t f a9 y » N O0. 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T. ^ z?5?vr?D- ? °,?3 ?Tw:bnx ?p $ rr ? ?mIC ?C p, 'AJJ?.m? IAJ p• R? yJ?ll .?pg A JW JA JyI? 1 N m ^ O!4 fwi A A o wC E"JA Z`On ?n Q°O X. e Q^ p J-' m- m ? <3 wF Gaon 3w°'?• ? °?Wo RS. 5s m.m „Ccy0°'n g,!, m o ?gk K a? w a^??m F.. ^ c 3Q nT.Oy AW NNrCI +'C ?n T tiZ?o° '? D ?Ox a N Q 91 u?i m u N 0 d"O O?? nva M u m N N m rt m Np 0a ,0 n D m m m a a e =m o m m EXHIBIT "B" IN THE NATIONAL ARBITRATION FORUM 2981 CLAIM MBNA America Bank, N.A. Co Wolpoff & Abramson, L.L.P. RE: Attorneys in the Practice of Debt Collection Forum File Number: FA0410000339913 Two Irvington Centre Claimant File Number: 0108600147 702 King Farm Blvd. Account No.: 5490994997456611 Rockville, MD 20850 Card member Agreement Type: NEXT90 CLAIMANT, 'rod Shedlosky 6346 N Powderhom Rd Mechanicsburg PA 17050-8305 RESPONDENT(S), For a Claim against Respondent(s), Claimant stales: 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) isfare in default under the terms of the Agreement and is/are now indebted to Claimant in the amount of $31340.44 , as reflected in the attached account summary, plus interest of $949.85 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 $4701.06 , if allowed by law, equaling 15% of the outstanding principal balance. 5. 'Me 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. ADMITTED: (MD, DC, PA) 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 NAFCLM/NAF3 76A 2982 SUMMARY OF ACCOUNT INFORMATION ACCOUNT STATUS REPORT Date Filed: 10/08/2004 Account Number: 5490994997456611 Cardmember Agreement: NEXT90 Primary Account Holder: TOD SHEDLOSKY Address: 6346 N Powderhorn Rd Mechanicsburg, PA 17050-8305 Home Phone: Work Phone: Social Security Number: 171388414 Secondary Account Holder: Address: Home Phone: Work Phone: Principal Balance: $31340.44 Interest Rate: 6% Date Assigned: 04/11/2003 INFORMATION DRAWN FROM ACCOUNT RECORDS AND CURRENT AS OF THE DATE, FILED 76A NAFCL4/NAF3 2983 Dear Respondent, NOTICE OF ARBITRATION 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 ARBIT RATI ON-FORUM. COM 76A NAFCt.5/NAF3 EXHIBIT "C" 0 $P d X?m d a?om? `s m t k m ? x 3 { § C v 0 M I 1 O a ZR' 1 O S ]dww r Ooo ^oau w OSZZ 10 IDS ao o-z"u 0:r pF C IU O UI C' _A mm m o-' in o 0 0 N F NyT t I I 2 LL N d CL CD f p /1 ?? M r 3 a - ? a N - A C z m 0 V? N Ny r EXHIBIT "D" III NATIONAL ARBITRATION FORUM' ---- -- Tod Shedlosky 6346 N Powderhorn Rd Mechanicsburg, PA 17050-8305 MBNA America Bank, N.A. do Wolpoff & Abramson, L.L.P. Ronald M. Abramson, Esq. Attorneys in the Practice of Debt Collection 702 King Farm Blvd. Two Irvington Centre Rockville, MD 20850-5775 RE: MBNA America Bank, N.A. v Tod Shedlosky File Number: FA0410000339913 Claimant Reference Number: 0108600147 Dear Parties January 18, 2005 Enclosed and served upon you by United States Mail is a copy of the Award, which has been entered in this matter. This case is now closed with the National Arbitration Forum. All future inquiries regarding this case should be directed to the opposing Party. Sincerely, G6w_Ptu-- Laura Johnson Case Coordinator Enclosure The Forum P0. Box 50191 Minneapol'.s USA 55405-0191 Ww.arbitraflon-toram.com 800.474.7371 651631.3700 Fax 651.6310802 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), Tod Shedlosky 6346 N Powderhorn Rd Mechanicsburg, PA 17050-8305 RESPONDENT(s)- AWARD RE: MBNA America Bank, N.A. v Tod Shedlosky File Number: FA0410000339913 Claimant File Number: 5490994997456611 The undersigned Arbitrator in this case FINDS: 1. That no known conflict of interest exists. eement providing that this matter shall be resolved 2. That on or before 10/07/2004 the Parties entered into an agr 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 call appllcabl evidence and information P }euArbitrator. 5. The Parties have had the opportunity present 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 537,698.22. Entered in the State of Pennsylvania Ho b lack M. Harden Arbr r Date: 01/18/2005 ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly entered and the Forum hereby certifies that a co 0.? ??w'as sent by first class mail post e p and w t Par(res at the above referenced aeelientatives, on ! C t `j? I Y?Ty Honorable, Iiurdd alina, Ret. Director n i-, T ?1 I. FILLS DA I AFILEQi crai C unent 69466ITmio11 to Need Creal 6 ] U5 11 52AM R,,.ed. 92905 1'.07AM MBNA AMERICA BANK, N.A. Plaintiff V. TODSHEDLOSKY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4763 CIVIL TERM CIVIL ACTION - LAW DEFENDANT'S PETITION TO VACATE ARBITRATION AWARD PURSUANT TO 42 PA.C.S. 6 7314 AND NOW, comes the Defendant, Tod Shedlosky, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and respectfully represents as follows: 1. On October 8, 2004, Plaintiff commenced an action against Defendant before the "National Arbitration Forum" in Minneapolis, Minnesota, for alleged non-payment of a credit card debt. 2. The basis for this action was an alleged contract between the parties in which Defendant supposedly consented to litigate all disputes with Plaintiff before a Board of Arbitration. See Exhibit A to Plaintiffs Petition to Confirm Arbitration. 3. Defendant, a consumer, never consented to the arbitration clause contained in the alleged card member agreement. 4. There was no "meeting of minds" between the parties as to the arbitration clause contained in the card member agreement. 5. The arbitration clause in the card member agreement constitutes a contract of adhesion the enforcement of which would violate public policy as unconscionable. The contract incorporates by reference the rules of an entity known as the National Arbitration Forum. Moreover, nowhere in the arbitration clause is the consumer warned that this arbitration could take place in remote and inconvenient locations. 6. Defendant would have suffered hardship if he had been required to attend an arbitration in some foreign location. 7. The award of attorneys fees exceeded the powers of the arbitrators. 8. The "award" of arbitration dated January 18, 2005, was mailed to Defendant by First Class Mail. See Plaintiff s Exhibit "D" to Plaintiff s Petition to Confine Arbitration. 9. 42 Pa.C.S. § 7310 requires that arbitrator awards be delivered personally, by registered or certified mail, or as prescribed in the arbitration agreement. 10. The arbitration agreement (which Defendant maintains is unenforceable) is silent as to delivery of award. 11. The award is yet to be properly delivered to Defendant; therefore, the time to file a Petition under 42 Pa.C.S. § 7314 has not yet begun to run. 12. 42 Pa.C.S. § 7310 requires that the arbitrator sign the award. 13. The award of the arbitrator has not been signed by the arbitrator. Instead, the National Arbitration Forum has reproduced an electronically simulated signature in violation of Pennsylvania law. 14. Because there is no enforceable agreement to arbitrate between the parties, the arbitrator used improper means to enter the award and/or engaged in misconduct. 15. Because a hearing was not held, Defendant was unable to present evidence regarding the nonexistence of an agreement to arbitrate. 16. While the card member agreement is not subject to the Pennsylvania Plain Language Consumer Contract Act (the "Act") having been issued by a financial institution, Plaintiffs incorporation of the rules of a party n of e xempt from the Act does not relieve the National Arbitration Forum's rules from scrutiny. Defendant believes, and therefore avers, that the incorporation by reference of these rules (and the rules themselves) in the card member agreement, together with a failure to present these rules to Defendant, violates the Act and are therefore not enforceable against Defendant. WHEREFORE, the Defendant requests that this Court vacate the award because: a. The award was not properly delivered in accordance with Pennsylvania law; b. The arbitrator did not sign the award in accordance with Pennsylvania law; C. The arbitrator exceeded his power by awarding attorneys fees; d. There is no agreement to arbitrate between the parties and/or the arbitration clause is a contract of adhesion which violates public policy and is unenforceable; e. The rules of the National Arbitration Forum, as applied to Defendant, are violative of the Pennsylvania Plain Language Consumer Contract Act and are therefore not enforceable against Defendant. MARTSON DEARDORFF WILLIAMS & OTTO BY- Carl C. Risch, Esquire Attorney I.D. No. 75901 Hillary A. Dean, Esquire Attorney I.D. No. 92878 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: September 29, 2005 Attorneys for Defendant CERTIFICATE OF SERVICE I, Carl C. Risch, an authorized agent for Manson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Amy Doyle, Esquire Wolpoff & Abramsom LLP 4660 Trindle Road, 3`d Floor Camp Hill, PA 17011 MARTSON DEARDORFF WILLIAMS & OTTO By Dated: September 29, 2005 n ^? d N -p Q cn SHERIFF'S RETURN - REGULAR CASE NO: 2005-04763 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MBNA AMERICA BANK NA VS SHEDLOSKY TOD ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PETITION TO CONFIRM SHEDLOSKY TOD was served upon RESPONDANT the at 1910:00 HOURS, on the 19th day of September, 2005 at 6346 N POWDERHORN ROAD MECHANICSBURG, PA 17050 TED SHEDLOSKY by handing to a true and attested copy of PETITION TO CONFIRM ARBITRATION AWARD PURSUANT TO 42 PA CSA 7313 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.80 Postage .37 Surcharge 10.00 .00 37.17 Sworn and Subscribed to before me this r? day of -c S A. D. -4kwA- 6t4 Pr o otary So Answers: R. Thomas Kline 09/21/2005 WOLPOFF & ABRAMSON Deputy Sheriff MBNA AMERICA BANK, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 05-4763 CIVIL TERM TODSHEDLOSKY Defendant : CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, on this qp^ day of O C , 2005, upon consideration of the foregoing Petition to Vacate Arbitration Award, it is hereby ordered that: (2) (3) (4) (5) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; yy?? the respondent shall file an answer to the petition withinoZdays of this date; the petition shall be decided under Pa.R.C.P. 206.7; be completed within 180 days; Cemrt ,. d? e (6) notice of the entry of this order shall be provided to all parties by Petitioner. BY T C J. ? I^3 ZG ;ZI'.'..? %- 1..3'3 G0? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., No. 05 - 4763 Plaintiff VS. TODSHEDLOSKY, Defendant CIVIL TERM CIVIL ACTION - LAW PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION TO VACATE ARBITRATION AWARD PURSUANT TO 42 Pa.C.S. SECTION 7314 AND NOW, TO WIT, this Bay of October, 2005, comes the Plaintiff, MBNA America Bank, N.A., by and through its attorneys, and the law firm of Wolpoff & Abramson, L.L.P., and files the following Response to Defendant's Petition to Vacate Arbitration Award as a statement herein: Admitted in part, denied in part. It is admitted that Plaintiff filed a claim with the National Arbitration Forum (NAF) on October 4, 2004. It is specifically denied that the action was commenced in Minneapolis, Minnesota. While the main office of the NAF may be located in Minnesota, the credit card agreement covering Defendant's account clearly states that upon request by Defendant for a hearing, said hearing will take place in the federal district where Defendant resides or by phone if Defendant so chooses. A copy of the credit card agreement is attached to Plaintiff's Petition to Confirm as Exhibit "A." 2. Without admission, no response required as the pleadings in this LAW OFFICES WOLPOFF & ABRAMSON, L.L.P. ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION 46M TRINOLE ROAD TURD FLOOR CAMP HILL, PA 17011 7W-M 7M matter speak for themselves. If a response is required, Defendant was issued an open-end credit card account by Plaintiff. The account was accompanied by a concomitant credit card agreement. The Agreement explicitly provides that any claim or dispute will be subject to binding arbitration before the National Arbitration Forum (NAF) for disposition on the merits of the dispute through arbitration where each side will have an opportunity to present its case. This agreement also clearly provided that since the agreement involved an instrumentality of interstate commerce, that the Federal Arbitration Act, 9 U.S.C. §§1-16 (FAA) governed the Agreement and that following disposition through the NAF, judgment could be entered in any state court having jurisdiction. 3. Conclusion of law, no response required. If a response is required, LAW OF CES WOLPOFF & ABRAhL40N, L.L.P. ATTORNEYS [LATHE PRACTICE OF DEBT COLLECTION 0880 TRINDLE ROAD THIRD FLOOR CAMP HILL. PA 17011 Defendant was issued an open-end credit card account by Plaintiff. The account was accompanied by a concomitant credit card agreement. The Agreement explicitly provides that any claim or dispute will be subject to binding arbitration before the National Arbitration Forum (NAF) for disposition on the merits of the dispute through arbitration where each side will have an opportunity to present its case. This agreement also clearly provided that since the agreement involved an instrumentality of interstate commerce, that the Federal Arbitration Act, 9 U.S.C. §§I-16 (FAA) governed the Agreement and that following disposition through the NAF, judgment could be entered in any state court having jurisdiction. Further, the Federal Arbitration Act, which is the relevant statutory law governing the NAF arbitration of the instant matter, does not require that an agreement to arbitrate be signed. See 9 U.S.C. § 2; see also, Bouriez v. Carnegie Mellon, 359 F.3d 292. Any arbitration provision in a written agreement between the parties is valid, enforceable and irrevocable in Pennsylvania, as long as it is not invalid upon T1T30S0TW grounds relating to the validity, enforceability, or revocation of any contract generally. 42 Pa. C.S. § 7303. 4. Conclusion of law, no response required. If a response is required, the Federal Arbitration Act, which is the relevant statutory law governing the NAF arbitration of the instant matter, does not require that an agreement to arbitrate be signed. See 9 U.S.C. § 2; see also, Bouriez v. Carnegie Mellon, 359 F.3d 292. In addition, a court may look to the conduct of the parties to ascertain acceptance of an agreement when assessing its validity, and need not require a signature to establish its enforceability unless such signing is expressly required by law or intent of the parties. Id.; see, Accu-Weather, Inc. v. Thomas Broadcasting, 627 A.2d 75, 78 (Pa. Super. 1993). In this case, the Defendant used MBNA's credit card services to make purchases. Accordingly, Defendant extracted a benefit from MBNA, thereby manifesting an intent to accept and enter into a binding agreement, namely the credit card agreement provided by MBNA. Defendant further demonstrated an intent to abide by the Credit Card Agreement when he made payments to MBNA in maintenance of his account. Petitioner's course of conduct of both using the account and making payments on the account, clearly shows his assent to be bound by the terms of the Credit Card Agreement. Conclusion of law, no response required. If a response is required, LAW OFFICES WOLPOFF & ABR"K)N, L.L.P. ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION 4360 TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 717-303-8]00 an adhesion contract is defined as a standard form contract prepared by one party, to be signed by the party in a weaker position, usually a consumer, who has little choice about the terms. Huegel v. Mifflin Construction Co., 796 A.2d 350, 357 (Pa.Super. 2002), quoting Black's Law Dictionary (7"' ed. 1999). A finding that a contract is one of adhesion does not require that the Court find the contract unconscionable. Even where a contract is found to be a contract of adhesion, the terms of the contract must be analyzed to determine whether the contract as a whole, or specific provisions of it, are unconscionable. Rudolph v. Pennsylvania Blue Shield, 553 Pa. 9, 17, 717 A.2d 508, 512 (1998) (Concurring Opinion, Nigro, J.). The terms contained in the aforementioned credit card agreement are in no way unconscionable, and as previously stated, Defendant voluntarily chose to be bound to said terms of said Agreement, by virtue of Defendant's acceptance, use and derived benefit from the account. 6. Conclusion of law no response is required. If a response is LAW OFFICES WOLPOFF & ABRAMSON, L.LP. ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION 4660 TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 717-303-6700 required, the section of the credit card agreement entitled, "Arbitration and Litigation" clearly sets forth how to contact the NAF and how to obtain copies of the Forum Rules. It even lists a website where the Rules may be downloaded. In addition, the credit card agreement states that, "Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed." Further, when Defendant was served a copy of Plaintiff s claim submitted to the NAF, he was also served a copy of a Notice of Arbitration from the NAF which clearly sets forth how to request information, how to request the rules again, and how to file a response and request a participatory hearing, either in person or via the telephone. A copy of the Notice of Arbitration is attached to Plaintiff's Petition to Confirm Arbitration Award as Exhibit "C." Conclusion of law, no response required. If a response is required, the credit card agreement clearly sets forth that Plaintiff "can require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees...." Further, Defendant was served with a copy of Plaintiffs claim which was submitted to the NAF. The claim clearly sets forth that Plaintiff was seeking attorneys' fees. Defendant chose not to dispute this or to file a response. Defendant certainly knew how to contact the NAF, as he asked for and received a ten (10) day extension to file a response. A copy of Defendant's letter to the NAF requesting an extension to file a response, and the letter granting said request are attached hereto as Exhibit 1. 8. Without admission, no response required as the pleadings in this matter speak for themselves. 9. Conclusion of law, no response required. If a response is required, 42 Pa.C.S. § 7310 speaks for itself. By way of further response, any and all allegations or insinuations by the Defendant of any wrongdoing on the part of the Plaintiff are hereby specifically denied and strict proof is demanded at Trial. 10. Conclusion of law, no response is required. If a response is LAW OFFICES WOLPOFF & ABRAMSON, L.L.P. AT ORN£YS IN ME PRACFICE OPDEBTCOLL£CIION "M TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 717303 7W required, the arbitration provision of the credit card agreement clearly states that all aspects of the arbitration shall be conducted under the Code of Procedure of the NAF. Rule 38D and 2K authorize delivery of the Arbitration Award by regular mail. Therefore, delivery of the Award to Defendant by First Class Mail is clearly allowed under 42 Pa.C.S. § 7310, as it is prescribed in the arbitration agreement. A copy of the Code of Procedure is attached hereto as Exhibit 2. 11. Conclusion of law, no response required. If a response is required, 42 Pa.C.S. § 7314 speaks for itself. Further, the arbitration provision of the credit card agreement clearly states that all aspects of the arbitration shall be conducted under the Code of Procedure of the NAF. Rule 38D and 2K authorize delivery of the Arbitration Award by regular mail. Therefore, delivery of the Award to Defendant by First Class Mail is clearly allowed under 42 Pa.C.S. § 7310, as it is prescribed in the arbitration agreement. Therefore, the Award was properly delivered to Defendant on January 18, 2005. Pursuant to 42 Pa.C.S. § 7314, Defendant had thirty (30) days to Petition this Honorable Court to vacate the Arbitration Award. The thirty (30) day period began to run on January 18, 2005. Counsel for Defendant filed a Petition to Vacate the Arbitration Award on September 29, 2005, some eight months after the Award was served. 12. Conclusion of law, no response required. If a response is required, 42 Pa.C.S. § 7314 speaks for itself. 13. Conclusion of law, no response required. If a response is required, LAW OFFICES WOLPOFF & ABRAMSON, L.L.P. ATTORNEYS INTHE PRACTICE OF DEBT COLLECTION 4660TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 there is no requirement that an original Award must be served upon Defendant. 42 Pa.C.S. § 7310 simply states that an award signed by the arbitrators must be served upon Defendant. There is no language requiring an original signature. Defendant is grasping at straws and attempting to place a statutory requirement where one does not exist. The NAF Award clearly states that the Award was duly entered and has the signature of the Arbitrator affixed with the seal of the NAF. This certainly meets the requirements of 42 Pa.C.S. § 7310. 717-303-6700 14. Conclusion of law, no response required. If a response is required, the parties contracted that this matter be referred to arbitration. By virtue of Defendant's use and maintenance of this credit card in connection with his purchases of goods, and services, he became bound to all of its contractual terms, which clearly included an arbitration agreement. Therefore, Defendant consented to the NAF having jurisdiction over this claim. Defendant has been provided with copies of the statements of account outlining all of the undisputed purchases made on this subject credit card, as well as all payments made by him in maintenance of the same. Defendant never objected to the statements of account submitted by MBNA to him, nor did ever indicate a desire not to be bound by the terms of this agreement. Plaintiff filed a valid claim with the NAF as dictated by the credit card agreement. Defendant chose not to respond, or to request a participatory hearing, even after having requested an extension to do so. The arbitrator ruled that there was a valid agreement to arbitrate and found in favor of the Plaintiff. 15. Conclusion of law, no response required. If a response is required, LAW OFFICES WOLPOFF & ABR SON, L.L.P. ATTORNEYS INTHE PRACTICE OF DEBT COLLECT/ON 4660 TRINDLE ROAD the Notice of Arbitration which was served upon Defendant, clearly sets forth the procedures for filing a response to a claim. Further, it also clearly sets forth how to request a participatory hearing and a telephone hearing. Defendant obviously knew how to request an extension to file a response. Therefore, Defendant certainly could have filed a response to Plaintiff's claim and requested a hearing had he desired one. However, Defendant chose to do nothing, and only now, after an Award has been entered against him as a result of his failure to act, does he THIRD FLOOR CAMP HILL, PA 17011 717-0&6]00 seek to deny its legitimacy by claiming that he was unable to present evidence. Defendant should not now be allowed to benefit from his previous failure to act. 16. Conclusion of law, no response required. If a response is required, the Pennsylvania Plain Language Consumer Contract Act speaks for itself. In addition, the credit card agreement clearly states how to obtain a copy of the Code of Procedure. Further, the Notice of Arbitration served upon Defendant clearly, in plain language, states "You may obtain a copy of the Code of Procedure, without cost, from the Claimant or from the Forum at WW W.ARBITRATION- FORUM.COM or 800-474-2371. Defendant could have easily obtained a copy of the Code of procedure from the NAF itself, or could have requested a copy from Plaintiff. Defendant chose not to do anything. WHEREFORE, Respondent respectfully requests that this Honorable Court enter an Order dismissing Defendant's Petition to Vacate with prejudice and enter such other relief as just and proper. Respectfully submitted, LAW OFFICES WOLIAM & ABRAMSON, L.LP. ATTORNEYS (NTHE PRAMCE OFDEBTCOL MON 4660 TRINDLE ROAD THIRD FLOOR CAMP MILL, PA 17011 Amy F. Doyle, Esquird ID No. 87062 Daniel F. Wolfson, Esquire ID No. 20617 Philip C. Warholic, Esquire ID No. 86341 Andrew C. Spears, Esquire ID No. 87737 David R. Galloway, Esquire ID No. 87326 Tonilyn M. Chippie, Esquire ID No. 87852 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3`d Floor Camp Hill, PA 17011 (717) 303-6700 Counsel for Plaintiff 717-303-6700 VERIFICATION The undersigned hereby states that he/she is the attorney for the Plaintiff, MBNA America Bank, N.A., who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, he/she is authorized to take this verification on behalf of said Respondent in the within action and verifies that the statements made in the foregoing Response to Petition are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Respondent. The undersigned understands that false statements herein are made subject LAW OFFICES WOLPOFF & ABRAMSON, L.L.F. ATTORNEYS IN ME PRACFICE OF DEBT COLLECTION 4660 TRINDLE ROAD THIRD FLOOR CAMP HILL. PA 17011 to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Kl'VA(35-- Amy F. Doyle, Esquire ID No. 87062 Daniel F. Wolfson, Esquire ID No. 20617 Philip C. Warholic, Esquire ID No. 86341 Andrew C. Spears, Esquire ID No. 87737 David R. Galloway, Esquire ID No. 87326 Tonilyn M. Chippie, Esquire ID No. 87852 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3`d Floor Camp Hill, PA 17011 (717) 303-6700 Counsel for Plaintiff ]P-3034]00 16 Po OW q 7 December 14, 2004 To: The Forum Re: Wolpoff & Abramson Arbitration Forum # FA0410000339913 I am asking for an extention for an additional 30 days to continue this case. I am in the process of locating an attorney to handle this matter on my behalf. I will notify you within the next 2 weeks of my attorney's representation. ThT NATIONAL ARBITRATION FORUM" Tod Shedlosky 6346 N Powderhom Rd Mechanicsburg, PA 17050-8305 MBNA America Bank, N.A. c/o Wolpoff & Abramson, L.L.P. Ronald M. Abramson, Esq. Attorneys in the Practice of Debt Collection 702 King Farm Blvd. Two Irvington Centre Rockville, MD 20850-5775 RE: MBNA America Bank, N.A. v Tod Shedlosky File Number: FA0410000339913 Claimant File Number: 5490994997456611 Claimant Reference Number: 0108600147 Dear Parties: The National Arbitration Forum has received your Request for an Extension. QZ1 Per Rule 13C of the Code of Procedures, you can obtain ten more days to respond to an initial claim at no cost. After review and consideration of the request, the Director has granted the extension. There is a $10.00 fee for all other Extension Requests. Please submit this fee to the Forum immediately and your extension request will be reviewed. The Response is now due by December 30, 2004. Sincerely, 0&44jk-t?? Laura Johnson Case Coordinator December 20, 2004 , c......, on m.. cni ? W ...,....^I;, IIQ A ccnna11101 .....?..na.mu...h.n?m mm k77F5577M F61 All 17nn .v Am Am nPn7 Code of Procedure July 1, 2003 PO Box 50191 Minneapolis USA 55405 Phone: 800.474-2371 Fax: 651-604-6778 www.arbitration-forum.com PARTI-SCOPE RULE 1 Arbitration Agreement 1 RULE 2 Definitions 1 RULE 3 Representation 4 RULE 4 Confidentiality 4 PART II - COMMENCEMENT OF ARBITRATION RULE 5 Summary of Procedures 5 RULE 6 Service of Claims, Responses, Requests, and Documents 6 RULE 7 Filing 7 RULE 8 Notices and Conferences with the Forum 8 RULE 9 Time Periods, Time Extensions and Stays 8 RULE 10 Time Limitations 8 PART III - DOCUMENTS RULE 11 Form 9 RULE 12 Initial Claim 9 RULE 13 Response 10 RULE 14 Counter Claim 11 RULE 15 Cross-claim 11 RULE 16 Third Party Claim 12 RULE 17 Amendment 12 RULE 18 Request to Arbitrator or Director 13 RULE 19 Joinder, Intervention, Consolidation, and Separation 14 PART IV - ARBITRATORS RULE 20 Authority of Arbitrators 15 RULE 21 Selection of Arbitrators 15 RULE 22 Number of Arbitrators 16 RULE 23 Disqualification of Arbitrator 16 RULE 24 Communications with Arbitrators 17 PART V - HEARING RULE 25 Selection of a Document Hearing 18 RULE 26 Selection of a Participatory Hearing 18 RULE 27 Request for an Expedited Hearing 19 RULE 28 Document Hearing 19 RULE 29 Discovery 20 RULE 30 Subpoena for In-person Participatory Hearing 21 RULE 31 Exchange of Information Before a Participatory Hearing 22 RULE 32 Location of an In-person Participatory Hearing 23 RULE 33 Participatory Hearing 23 RULE 34 Participatory Hearing Proceedings 24 RULE 35 Evidence in a Participatory Hearing 25 2 RULE 36 Arbitration Proceedings in Absence of a Party 25 PART VI - AWARDS AND ORDERS RULE 37 Awards RULE 38 Orders RULE 39 Entry and Service of Award 28 RULE 40 Voluntary Dismissal 28 RULE 41 Involuntary Dismissal 29 RULE 42 Correction 30 RULE 43 Reopening and Reconsideration 30 PART VII - FEES RULE 44 Fees 31 RULE 45 Waiver of Fees 32 PART VIII - CODE PROVISIONS RULE 46 Compliance with Rules 33 RULE 47 Legal Proceedings 33 RULE 48 Interpretation and Application of Code 34 APPENDIX A Notice of Arbitration 35 APPENDIX B Second Notice of Arbitration 36 APPENDIX C Fee Schedule 37 Fees for Common Claims 38 Fees for Large Claims 42 Large Claim Filing Fees 42 Large Claim Hearing Fees 44 3 PARTI SCOPE RULE 1. Arbitration Agreement. A. Parties who contract for or agree to arbitration provided by the Forum or this Code of Procedure agree that this Code governs their arbitration proceedings, unless the Parties agree to other procedures. This Code shall be deemed incorporated by reference in every arbitration agreement, which refers to the National Arbitration Forum, the International Arbitration Forum, the Arbitration Forum, arbitration-forum.com or this Code of Procedure, unless the Parties agree otherwise. B. Parties may agree to submit any matter to arbitration unless prohibited by applicable law C. Arbitrations will be conducted in accord with the Code of Procedure in effect at the time the Claim is filed, unless the law or the agreement of the Parties provides otherwise. A Claim that has been Stayed for more than one hundred-eighty (180) days will be subject to the Code of Procedure in effect at the time the Stay is lifted. D. Parties may modify or supplement these rules as permitted by law. Provisions of this Code govern arbitrations involving an appeal or a review de novo of an arbitration by other Arbitrators. RULE 2. Definitions. For purposes of this Code, the following definitions apply: A. Affidavit: A written statement of a person who asserts the statement to be true under penalty of perjury or who makes the statement under oath before a notary public or other authorized individual. B. Appearance: Any filing by a Party under Rules 12, 13, or 41 A. C. Arbitration Agreement: Any written provision in any agreement between or among the Parties to submit any dispute, controversy or Claim to the Forum or to arbitration under this Code. D. Arbitrator: An individual selected in accord with the Code or an Arbitration Agreement to render Orders and Awards, including a sole Arbitrator and all Arbitrators of an arbitration panel. No Arbitrator may be a director or officer of the Forum. A Party Arbitrator is an Arbitrator selected by a Party to serve as a member of a panel of Arbitrators in accord with the agreement of the Parties. E. Award: Any Award establishing the final rights and obligations of the Parties. F. Claim: Any Claim submitted by any Party including an Initial Claim, Cross-claim, Counter Claim, and Third Party Claim. C. Claimant: Any individual or entity making any Claim under this Code. H. Claim Amount: The total value of all relief sought. The Claimant seeking non-monetary relief states a monetary value for this relief for purposes of establishing the Claim Amount. 1. Common Claim: A Claim with a Claim Amount for relief valued less than $75,000. J. Consumer: An individual who is not a business or other entity whose Claim or Response against a business or other entity arises: 1. From a transaction or event entered into primarily for personal, family, or household purposes; 2. From an existing, past or prospective employment relationship with an employer Party; or 3. From a transaction or event involving any aspect of health care. K. Delivery: Delivery to the address of a Party, the Forum or an Arbitrator by the postal service of the United States or any country, or by a reliable private service, or by facsimile, e-mail, electronic or computer transmission. L. Director: The Director of Arbitration, administrative directors, and the Forum staff administer arbitrations in accord with this Code. M. Document: Any writing or data compilation containing information in any form, including an agreement, record, correspondence, tape, e-mail, video, audio, disk, notice, memorandum or other writings or data compilations. N. E-commerce Transaction: All contracts and agreements entered into, in whole or in part, by electronic or computer communication and all transactions consummated through electronic or computer communication. 0. Entity: Any association, business, company, cooperative, corporation, country, governmental unit, group, institution, organization, partnership, sole proprietorship, union or other establishment. P. Fee Schedule: The Fee Schedules appear in Appendix C of this Code. Q. The Forum: The National Arbitration Forum, the International Arbitration Forum, the Arbitration Forum, and arbitration-forum.com constitute the administrative organization conducting arbitrations under this Code. The Forum administers arbitrations in accord with this Code. R. Hearing: Hearings include: Document Hearing: A proceeding in which an Arbitrator reviews documents or property to render an Order or Award and the Parties do not attend. 2. Participatory Hearing: Any proceeding in which an Arbitrator receives testimony or arguments and reviews documents or property to render an Order or Award. The types of Participatory Hearings include: a) In-person Hearing - A hearing at which the participants may appear before the arbitrator in person; b) Telephone Hearing - A hearing at which the participants may appear before the arbitrator by telephone; and, c) On-line Hearing - A hearing at which the participants may appear before the arbitrator on-line, by e-mail or by other electronic or computer communication. S. Interim Order: Any Order providing temporary or preliminary relief pending a final Award. T. Order: Any Order establishing specific rights and obligations of the Parties. 1. A Dispositive Order results in a final Award or dismissal of any Claim or Response. 2. All other Orders are Non-diapositive. U. Party: Any individual or entity who makes a Claim or against whom a Claim is made including Claimants, Respondents, Cross-claimants, and Third Parties. V. Party Witness: Any person who is an individual Party or who is an employee of an entity Party at the time of the service of the subpoena. W. Receive or Receipt: The delivery or other effective notice to the Forum, or to a Party at the Party's address, or to an Arbitrator at the Arbitrator's address. X. Representative: Any individual, including an attorney, who makes an appearance on behalf of a Party. Y. Request: Any Request by a Party directed to an Arbitrator or the Director for an Order or other relief, including any motion, petition or other type of Request. Z. Respondent: Any Party against whom a Claim is made. AA. Response: Any written Response by a Party or on a Party's behalf to any Claim. BB. Sanctions: Sanctions include dismissal of the arbitration or the Claims or Responses; preclusion of evidence; admission of facts; payment of fees, costs or attorney's fees; the rendering of an Order or Award; and other sanctions deemed appropriate. Sanctions may be imposed against a Party, a representative or both. CC. Signature or Signed: A signature is any mark, symbol or device intended as an attestation, produced by any reliable means, including an electronic transcription intended as a signature. DD. With prejudice: The case cannot be brought again. The Claimant cannot subsequently bring the Claim against the Respondent. EE. Without prejudice: The case may be brought again. The Claimant can subsequently file the same Claim against the same Respondent. FF. Writing or Written: Any form intended to record information, including symbols on paper or other substance, recording tape, computer disk, electronic recording, and video recording and all other forms. RULE 3. Representation. A. Parties may act on their own behalf or may be represented by an attorney or by a person who makes an appearance on behalf of a Party. B. Parties, their representatives and all participants shall act respectfully toward the Director, the Forum staff, the Arbitrator, other Parties, representatives, witnesses, and participants in the arbitration. RULE 4. Confidentiality. Arbitration proceedings are confidential, unless all Parties agree otherwise. Arbitration Orders and Awards are not confidential and may be disclosed by the Parties. A Party who improperly discloses confidential information shall be subject to Sanctions. The Arbitrator and Forum may disclose case filings, case dispositions, and other case information as required by a Court Order. ART II COMMENCEMENT OF ARBITRATION RULE 5. Summary of Procedures. A. Claim. A Party begins an arbitration by filing with the Forum a properly completed copy of the Initial Claim described in Rule 12, accompanied by the appropriate filing fee which appears in Appendix C. The Forum reviews the Claim, opens a file, assigns a file number, and notifies the Claimant, who then serves the Respondent in accord with Rule 6. B. Response. A Respondent may file a Response as explained in Rule 13 or respond otherwise as explained in these rules and the Notice of Arbitration, which appears in Appendix A. If there is no Response, the arbitration proceeds in accord with Rule 36. C. Hearing. A Party may select a Document Hearing under Rule 25 or a Participatory Hearing under Rule 26 and pay the fee, if any, listed in the Fee Schedule in Appendix C. Parties have a full and equal right to present relevant and reliable direct and cross examination testimony, documents, exhibits, evidence, and arguments. A record may be made of Participatory Hearings. D. Arbitrator. The Parties select an Arbitrator(s) by mutual agreement in accord with Rules 21, 22, and 23. E. Discovery and Requests. Before a Hearing is held, parties shall cooperate in the discovery process and exchange and obtain discovery in accord with Rule 29. F. Fee Schedules. The Fee Schedules appear in Appendix C. The Forum Fee Schedules are a model of fair cost and fee allocation. G. Consumers. Consumers include consumers, employees, and patients. See Rule 2I. Consumers involved in an arbitration with a business or other entity pay only reasonable arbitration fees as explained in these Rules and the Fee Schedules in Appendix C, and as required by the applicable law. Businesses and other entities may have to pay fees for Consumers. H. Indigent Parties. In accord with Rule 45, Consumers who meet the United States federal poverty standards need not pay arbitration fees. 1. Substantive Law and Remedies. An Arbitratorfollows the applicable substantive law and may grant any remedy or relief provided by law in deciding a case, in accord with Rules 20 and 37. Claims, Responses, remedies or relief cannot be unlawfully restricted. J. Award. After a Hearing, an Arbitrator shall promptly issue an Award in accord with Rule 37. Reasons, findings of fact, and conclusions of law shall be in accord with Rule 37. K. Review and Enforcement. An Award may be enforced in any court of competent jurisdiction, as provided by applicable law. An Award may be reviewed by a court with jurisdiction to determine whether the Arbitrator properly applied the applicable substantive law and whether the arbitration complied with applicable procedural and arbitration laws. L. Public Information. Arbitration information may be made public in accord with Rule 4 or as required by Court Order. M. Access to justice. This Code shall be interpreted to provide all parties with a fair and independent arbitration and with reasonable access to civil justice. Arbitrations under the Code are governed by the Federal Arbitration Act in accord with Rule 48B. RULE 6. Service of Claims, Responses, Requests, and Documents. A. After being notified by the Forum that a Claim has been accepted for filing in accord with Rules 7 and 12, and a file number has been provided, the Claimant shall promptly serve on each Respondent one (1) identical copy of the Initial Claim Documents, containing the Forum file number, together with a Notice of Arbitration substantially conforming to Appendix A of this Code, including notice that the Respondent may obtain a copy of the Code, without cost, from the Claimant or the Forum. B. Service of Initial Claims and Third Party Claims shall be effective if done by: 1. United States Postal Service Certified Mail return receipt or equivalent service by the national postal service of the country where the Respondent resides or does business; 2. Delivery by a private service with the delivery receipt signed by a person who received the documents; 3. Delivery with a written acknowledgment of delivery by the Respondent or a representative; 4. In accord with the Federal Rules of Civil Procedure of the United States or the rules of civil procedure of the jurisdiction where the Respondent entered into the arbitration agreement; 5. In accord with any agreement of the Party served; 6. For Claims related to or arising from an E-commerce Transaction, delivery to the e-mail address of the Party served, receipt confirmed; or 7. Service is complete upon receipt by the Party served or the filing of a Response with the Forum by a Respondent. C. Service of Responses, Counter Claims, Cross-claims, Requests, demands, notices, and documents shall be by delivery, as defined in Rule 2K, to the address of all Parties or their representatives at their addresses of record with the Forum, or by using service methods for an Initial Claim in Rule 6B. D. The Party serving or filing a Claim, Response, Request, demand, notice or document shall timely serve copies on all other Parties. This rule does not apply to a Rule 45 Request. E. Parties and representatives shall immediately notify the Forum and all other Parties of their mail, facsimile and e-mail address and any changes in their addresses. If they fail to do so, Parties and their representatives agree to receive service at any previous address provided to the Forum. F. Service is complete upon receipt by the Party served. RULE 7. Filing. A. A Party who serves a Claim or Response shall timely file copies and proof of service with the Forum and shall timely file all other documents with the Forum. The filing of proof of service constitutes a certification that the service conforms to Rule 6. B. Parties may file by delivery as defined in Rule 2K, in person, or by other methods of filing authorized by the Forum, at an office of the Forum, or: P.O. Box 50191 Minneapolis, Minnesota USA 55405-0191 or ARBITRATION-FORUM. COM or file@arb-forum.com C. Upon proof of service of an Initial Claim, the Forum shall mail to Respondent the Second Notice of Arbitration, substantially conforming to Appendix B of this Code. D. The Forum may distribute copies of documents filed with the Forum to Parties or their representatives who have entered an appearance with the Forum. E. Filing is complete upon receipt by the Forum of all required documents and fees. Claims, Responses, Requests, demands, notices, and all other documents received by the Forum are not considered Filed until all required documents are received together with all applicable fees. RULE 8. Notices and Conferences with the Forum. A. The Forum may notify and communicate with a Party or Parties by writing, facsimile, e-mail, telex, telegram, telephone, in person or by other means of communication. B. The Forum may conduct a conference with a Party or Parties to discuss procedural matters on the initiative of the Forum or at the Request of a Party or Arbitrator. RULE 9. Time Periods, Time Extensions and Stays. A. In computing any period of time under this Code, the day of the act or event from which the designated period of time begins to run shall not be included. B. Saturdays, Sundays, and federal holidays of the United States are included in the computation of time, except when they fall on the last day of a period. C. The time periods established in this Code are to be strictly enforced and a Party's untimely Claim, Response, Request, demand, notice or submission may be denied solely because it is untimely. D. The Director or Arbitrator may extend time periods established in this Code or Stay an arbitration matter for sufficient reason. A Request for a Time Extension or Stay must be submitted a reasonable time before the time period ends. A Request for a Time Extension or Stay that is filed after an Arbitrator has been appointed shall be considered by an Arbitrator. Similar Requests filed before an Arbitrator has been appointed may be considered by the Director. A Request submitted after the time period has ended will not be considered, unless extraordinary circumstances exist which must be asserted in the Request. E. For arbitration hearings to be held outside of the United States, an additional thirty (30) days shall be added to the time periods in Rules 21, 23, 25, 26, 28, 29, 30, and 31 of this Code. RULE 10. Time Limitations. A. No Claim may be commenced after the passage of time, which would preclude a Claim regarding the same or similar subject matter being commenced in court. This time limitation shall be suspended for the period of time a court of competent jurisdiction exercises authority over the Claim or dispute. This rule shall not extend nor shorten statutes of limitation or time limits agreed to by the Parties, nor shall this rule apply to any case that is directed to arbitration by a court of competent jurisdiction. B. An arbitration shall commence on the date the Respondent is served with the Initial Claim Documents or the date a Response is filed with the Forum, whichever is earlier. PART III DOCUMENTS RULE 11. Form. A. Every Claim, Response, amendment, and Request shall be in writing and signed by a Party or representative. B. Parties and representatives shall provide the Forum and all Parties with their names, an address where service will be accepted, telephone numbers, available facsimile numbers, and e-mail addresses. C. Statements in Claims, Responses, amendments, and Requests may be made in separate or numbered sentences, paragraphs or sections, and may refer to exhibits attached to Claims, Responses, Requests or documents. D. English is the language used in Forum proceedings. If the Parties agree to use another language, the Director or Arbitrator may order the Parties to provide translations at their own cost. RULE 12. Initial Claim. A. An Initial Claim, which begins an arbitration in accord with Rule 5 of this Code, shall include: A statement in plain language of the dispute or controversy, the facts and the law (if known) supporting the Claim, the specific relief requested and the reasons supporting the relief, the specific amount and computation of any money or damages, the specific value of other relief, the specific amount and computation of any interest, the specific amount of any costs and attorney's fees, and other relevant and reliable information supporting the Claim; 2. A copy of the Arbitration Agreement, or if not in the possession of the Claimant, notice of the location of a copy of the Arbitration Agreement; 3. A copy of documents that support the Claim; 4. An Affidavit asserting that the statements and documents in the Claim are accurate; and 5. The appropriate Filing Fee. B. After service of the Initial Claim on the Respondent, the Claimant shall promptly file with the Forum proof of service of the Initial Claim on the Respondent. A Claim shall not proceed to arbitration until the Forum has received a copy of the proof of service of the Initial Claim or a Response has been filed with the Forum. C. An Arbitrator may reject, in whole or in part, an Initial Claim that does not substantially conform to this rule. A Claimant may seek any remedy or relief allowed by applicable substantive law. D. A Claim is filed on the date all documents and fees required by Rule 12A are received by the Forum. RULE 13. Response. A. Upon service of an initial Claim, Counter Claim, Cross-claim, or Third Party Claim on a Respondent, the Respondent shall serve on the Claimant and file with the Forum, within thirty (30) days from receipt of service, a Response which shall include: A written document stating in plain language a response to the Claim or stating the Respondent has insufficient information to affirm or deny a statement. A Response shall also include any defenses to each Claim made, the facts and the law (if known) supporting the defenses, including affirmative defenses and set offs; 2. An objection to the arbitration of the Claim, if the Respondent so objects. A Response that does not assert this objection is an agreement to the arbitration of the Claim and a waiver of this objection; 3. A copy of documents that support the Response; and 4. Any Counter Claim the Respondent has against the Claimant in accord with Rule 14 of this Code. B. After service of the Response on the Claimant, the Respondent shall promptly file with the Forum proof of service of the Response on all Parties, the fee for filing a Counter Claim, if included, the fee for an In-person Participatory Hearing, if requested, and any fees as provided in the Fee Schedule in Appendix C. C. A Party may obtain ten (10) additional days to respond to an Initial Claim by filing with the Forum and serving on all other Parties an extension notice before the Response is due. Only one (1) extension by notice is available. D. A Respondent who responds but does not state available replies, defenses or Claims may be barred by the Arbitrator from presenting such replies, defenses or Claims at the Hearing. 10 E. An Arbitrator may reject, in whole or in part, a Response that does not substantially conform to this rule. RULE 14. Counter Claim. A. A Respondent may assert a Counter Claim against a Claimant by serving on the Claimant, as part of the Response in accord with Rule 13, Counter Claim documents which include: A Counter Claim stating in plain language the dispute or controversy, the facts and the law (if known) supporting the Counter Claim, the specific relief requested and the reasons supporting the relief, the specific amount and computation of any money or damages, the specific value of other relief, the specific amount and computation of any interest, the specific amount of any costs and attorney's fees, and other relevant and reliable information supporting the Counter Claim; and 2. A copy of documents that support the Counter Claim. B. The Respondent shall also pay the filing fee for a Counter Claim as provided in the Fee Schedule in Appendix C. C. An Arbitrator may reject, in whole or in part, Counter Claim documents that do not substantially conform to this rule. RULE 15. Cross-claim. A. A Party may assert a Claim against a co-Party arising out of the same or related transaction or occurrence of the dispute or controversy by serving on the co-Party Cross-claim documents which include: A Cross-claim setting forth in plain language the dispute or controversy, the facts and the law (if known) supporting the Cross-claim, the specific relief requested and the reasons supporting the relief, the specific amount and computation of any money or damages, the specific value of other relief, the specific amount and computation of any interest, the specific amount of any costs and attorney's fees, and other relevant and reliable information supporting the Cross-claim; and 2. A copy of all documents that support the Cross-claim. B. A Party shall serve a Cross-claim on all Parties and shall file copies with the Forum within fifteen (15) days of the date of service of a Response. C. The Cross-claimant shall file with the Forum promptly after service of the Cross-claim, the proof of service of the Cross-claim on all Parties, the fee for filing a Cross-claim, if any, and the fee for a Hearing, if selected, as provided in the Fee Schedule in Appendix C. 11 D. An Arbitrator may reject, in whole or in part, Cross-claim documents that do not substantially conform to this Rule. RULE 16. Third Party Claim. A. If a Respondent asserts that a non-party, who has entered into an Arbitration Agreement but was not served by the Claimant, is responsible for the Award demanded, the Respondent may serve a Third Party Claim on this Party, which shall include: 1. All information required in an Initial Claim in Rule 12 of this Code, including a copy of the Claim documents that gave rise to the Third Party Claim; and 2. A copy of the Arbitration Agreement or notice of the location of a copy of the Arbitration Agreement. B. The Third Party Claim shall be served on all Parties and a copy shall be filed with the Forum within thirty (30) days of the date of service upon the Respondent by the Claimant of the Claim. C. The Third Party Claimant shall file with the Forum promptly after service of the Third Party Claim the proof of service of the Third Party Claim on all Parties, the fee for a Third Party Claim, and the fee for a Hearing, if selected, as provided in the Fee Schedule in Appendix C. D. An Arbitrator may reject, in whole or in part, Third Party Claim documents that do not substantially conform to this rule. RULE 17. Amendment. A. A Claim or Response may be amended: 1. By agreement of the Parties at any time; 2. Before service of the Claim on any Respondent; 3. By Request, not later than ten (10) days from the date of the notice of selection of an Arbitrator for a Document Hearing or thirty (30) days before the earliest date set for a Participatory Hearing, if the amendment does not delay the arbitration and promotes fairness, efficiency, or economy, which request shall be promptly decided by an Arbitrator; or 4. By Request during or immediately following a Document or Participatory Hearing, if the Arbitrator finds the amendment conforms to the evidence received. B. An amendment of a Claim or Response, or a Request for an amendment shall be designated as such and promptly served on all Parties and filed with the Forum. An amended Claim shall also be 12 accompanied by the amendment fee and any additional filing fee, as provided in the Fee Schedule in Appendix C. C. A Respondent shall respond to an amended Claim within the time remaining for a Response to the original Claim or within fifteen (15) days after service of the amended Claim, whichever time is longer, unless the Parties agree or an Arbitrator orders otherwise. D. An amendment of a Claim shall relate back to the time the Initial Claim was commenced unless otherwise provided by applicable law. RULE 18. Request to Arbitrator or Director. A. A Party may Request an Order or other relief from an Arbitrator or the Director by filing with the Forum: 1. A document stating in plain language: a. The Request; b. The specific rule, if any, relied on for an Order or other relief, c. The specific relief or Order sought; d. The facts and law supporting the Request; and e. Any other relevant and reliable information. 2. All documents that support the Request, Order or relief. 3. A proof of service of the Request documents on all Parties. 4. The fee, as provided in the Fee Schedule in Appendix C. B. The Party shall serve the Rule 18A(1) and (2) documents on all Parties at the time of filing C. Any other Party may object to a Request by filing with the Forum and serving on each other Party a written statement of the objection(s) within seven (7) days of service of the Request, unless another time is necessary based on the relief requested. D. If an objection to a Request has been filed, the Forum will assess a fee for the consideration of the Request by an Arbitrator. E. Requests directed to the Director are decided by the Director as permitted by the Code. Requests directed to an Arbitrator are decided by an Arbitrator. F. All Requests or motions made by a Party are Rule 18 Requests. A Request or motion to reconsider is usually not granted, unless the controlling law has changed. 13 C. No Request may be filed later than fifteen (15) days before a Participatory Hearing or for Document Hearings, more than ten (10) days from the date of the notice of the selection of an Arbitrator. RULE 19. Joinder, Intervention, Consolidation, and Separation. A. Any individual or entity may, only with the consent of all other Parties, join any dispute, controversy, Claim or Response in an arbitration by filing a Claim document stating the grounds, accompanied by the fee as provided in the Fee Schedule. An Arbitrator has no authority to issue an Order or Award binding any individual not a named Party or entity not a named Party, unless that individual or entity agrees. B. Any individual or entity that entered into the Arbitration Agreement between Claimant and Respondent may intervene in an arbitration if a common question of fact or law arising from the same or related transaction or occurrence exists and such a proceeding promotes fairness, efficiency or economy. The Director may require a Party to pay a fee for intervention. C. Separate arbitrations involving the same named Parties and a common question of fact or law arising from the same or related transaction or occurrence may be consolidated in a joint hearing if such a proceeding promotes fairness, efficiency or economy. D. An arbitration involving multiple Claims or Responses or Parties may be severed into separate hearings if such proceedings promote fairness, efficiency or economy. The Director may require the Party or Parties to pay hearing fees for separate hearings. E. A Request by an individual or entity to join or intervene or a Request by a Party for consolidation or separation must be brought no later than receipt by the Parties of the notice of the hearing. F. An Arbitrator shall promptly decide Requests forjoinder, intervention, consolidation or separation. 14 PART IV ARBITRATORS RULE 20. Authority of Arbitrators. A. Arbitrators have the powers provided by this Code, the agreement of the Parties, and the applicable substantive law. B. Arbitrators selected in accord with Rule 21(A) (3) shall take an oath prescribed by the Director and shall be neutral and independent. C. Arbitrators shall decide all arbitrable issues submitted by the Parties and do not have the power to decide matters not properly submitted under this Code. D. An Arbitrator shall follow the applicable substantive law and may grant any remedy or relief provided by law in deciding a Claim, Response or Request properly submitted by a Party under this Code. Claims, Responses, remedies or relief cannot be unlawfully restricted. RULE 21. Selection of Arbitrators. A. Parties select an Arbitrator(s): 1. By selecting an Arbitrator on mutually agreeable terms; or 2. By each party selecting an Arbitrator and those Arbitrators selecting another Arbitrator for a panel of Arbitrators; or 3. In the absence of an election of Rule 21A(1) or (2), by using the selection process in Rules 21B through 23 of this Code. Parties must notify the Forum of their election of Rule 21A(1) or (2), no later than thirty (30) days after the filing of a Response with the Forum. B. For a Participatory Hearing in a matter which is not a Common Claim case and in which the Claimant is a Consumer, the Director shall provide to each Party making an appearance a list of Arbitrator candidates equal in number to the number of Parties plus the number of Arbitrators required under Rule 22. Each Party making an appearance may notify the Director in writing, within ten (10) days of the date of receipt of the list, striking one of the candidates. A Party making an appearance may request disqualification of any other Arbitrator in accord with Rule 23. C. For all other Participatory Hearings and all Document Hearings, the Director shall submit one Arbitrator candidate to all Parties making an appearance. A Party making an appearance may 15 remove one Arbitrator candidate by filing a notice of removal with the Director within ten (10) days from the date of the notice of Arbitrator selection. A Party making an appearance may request disqualification of any subsequent Arbitrator in accord with Rule 23. D. Upon Request for an Expedited Hearing or if the need for an Arbitrator arises before an Arbitrator is designated in accord with Rule 21A, an Arbitrator shall be promptly designated by the Director. E. Unless the parties agree otherwise, in cases involving citizens of different countries, the Director may designate an Arbitrator or Arbitrator candidate based, in part, on the nationality and residence of the Arbitrator or Arbitrator candidate, but may not exclude an Arbitrator solely because the person is a citizen of the same country of a Party. F. Notices related to Arbitrator selection need not be provided to a Party who has failed to respond to a Claim or otherwise appear or defend as provided by this Code. Where a Party has failed to appear, another Party may request receipt of the notice of Arbitrator selection in arbitration matters by notifying the Forum, in writing, within ten (10) days from the date Claimant files proof of service of the Initial Claim. RULE 22. Number of Arbitrators. Unless the Parties agree otherwise, for all In-person Participatory Hearings where the amount of any Claim is less than one million United States dollars (US $ 1,000,000) and for all Telephone Participatory Hearings, On-Line Participatory Hearings, and Document Hearings, one (1) Arbitrator shall conduct the hearing and issue an Award. For all other In-person Participatory Hearings, an arbitration panel consisting of three (3) Arbitrators shall conduct the hearing and issue an Award, unless the Parties agree otherwise. The Director shall designate the chair of the panel, unless the Parties agree otherwise. RULE 23. Disqualification of Arbitrator. A. An Arbitrator shall be disqualified if circumstances exist that create a conflict of interest or cause the Arbitrator to be unfair or biased, including but not limited to the following: The Arbitrator has a personal bias or prejudice concerning a Party, or personal knowledge of disputed evidentiary facts; 2. The Arbitrator has served as an attorney to any Party, the Arbitrator has been associated with an attorney who has represented a Party during that association, or the Arbitrator or an associated attorney is a material witness concerning the matter before the Arbitrator; 3. The Arbitrator, individually or as a fiduciary, or the Arbitrator's spouse or minor child residing in the Arbitrator's household, has a direct financial interest in a matter before the Arbitrator; 16 4. The Arbitrator, individually or as a fiduciary, or the Arbitrator's spouse or minor child residing in the Arbitrator's household, has a direct financial interest in a Party; 5. The Arbitrator or the Arbitrator's spouse or minor child residing in the Arbitrator's household, has a significant personal relationship with any Party or a lawyer for a Party; or 6. The Arbitrator or the Arbitrator's spouse: a. Is a Party to the proceeding, or an officer, director, or trustee of a Party; or, b. Is acting as a lawyer or representative in the proceeding. B. An Arbitrator shall disclose to the Director circumstances that create a conflict of interest or cause an Arbitrator to be unfair or biased. The Director shall disqualify an Arbitrator or shall inform the Parties of information disclosed by the Arbitrator if the Arbitrator is not disqualified. C. A Party making an appearance may disqualify an Arbitrator by filing with the Director a written Request stating the circumstances and specific reasons for the disqualification. D. A Request to disqualify an Arbitrator must be filed with the Director within ten (10) days from the date of the notice of Arbitrator selection. The Director shall promptly review the Request and shall disqualify the Arbitrator if there exist circumstances requiring disqualification in accord with Rule 23A or other circumstances creating bias or the appearance of bias. E. If an Arbitrator is disqualified or becomes unable to arbitrate before the issuance of an Award, the Director shall designate a new Arbitrator or panel or re-schedule the hearing, unless the Parties agree otherwise. RULE 24. Communications with Arbitrators. A. No Party or Party representative shall directly communicate with an Arbitrator except at a Participatory Hearing, by providing documents in accord with this Code, or during a conference with the Arbitrator scheduled by the Forum. B. No Party or Party representative shall communicate with a Party Arbitrator after the complete panel of Arbitrators has been selected, except at a Participatory Hearing, by providing documents in accord with this Code, or during a conference with the Arbitrator scheduled by the Forum. 17 PART V HEARING RULE 25. Selection of a Document Hearing. A. In Common Claim cases, a Document Hearing shall be scheduled upon the filing of a Response and receipt of the Administrative Fee. B. In other cases, a Party may select a Document Hearing by filing a written selection with the Forum, served on all other Parties by delivery as defined in Rule 2K, and accompanied by the fee for the Document Hearing provided in the Fee Schedule in Appendix C. C. The Forum shall provide written notice of a Document Hearing to all Parties not later than fifteen (15) days before the Document Hearing. D. If another Party selects a Participatory Hearing, the Document Hearing shall be part of the Participatory Hearing. E. For sufficient reason, the Director or Arbitrator may postpone a Document Hearing at the Request of a Party or on the initiative of the Arbitrator or Director. RULE 26. Selection of a Participatory Hearing. A. A Party may select a Participatory Hearing of any type by 1. Filing a written selection for a Participatory Hearing; 2. Designating the type of Participatory Hearing requested: In-person, Telephone, or On-line; 3. Serving by delivery, as defined by Rule 2K, the selection on all other Parties; and 4. For Common Claim cases, a selection of a Participatory Hearing must be filed with the Forum not later than fifteen (15) days after the service of a Response. A Request for a Participatory Hearing made after this time may be granted in accord with Rule 18. The failure to timely select a Participatory Hearing is a waiver of the right to a Participatory Hearing. B. The selection document for a Participatory Hearing shall contain: 18 I . The Party's estimate of the number of sessions required, taking into account the rights of all Parties under Rules 34B and 35A; 2. The names of witnesses proposed to offer evidence at the Hearing; 3. The number of exhibits to be offered at the Hearing and their description; 4. Any Request or requirement for a written Award; and 5. The fee for the Hearing as provided in the Fee Schedule in Appendix C. No selection for a Participatory Hearing session is effective without payment of the appropriate fee, unless a waiver under Rule 45 has been granted. C. The Forum shall set the date, time, place, and length of the Participatory Hearing and notify all Parties of the hearing at least thirty (30) days before the beginning of the Participatory Hearing. D. Before or after the beginning of a Participatory Hearing, if it is determined that the Participatory Hearing requires additional sessions, the Director or Arbitrator shall require that the responsible Party pay for additional sessions in accord with Rule 44, or may suspend the hearing until the additional sessions are properly scheduled. E. For sufficient reason, the Director or Arbitrator may postpone a Participatory Hearing at the Request of a Party or on the initiative of the Arbitrator or Director. RULE 27. Request for an Expedited Hearing. A. A Party may submit a Request for an Expedited Document Hearing or an Expedited Participatory Hearing to obtain an interim order or emergency relief. A Request for an Expedited Hearing may be brought when the Respondent is served with Claim documents or at any time before an Award becomes final and shall be accompanied by the fee as provided in the Fee Schedule. B. An Arbitrator shall promptly decide the Request C. The requesting Party shall serve notice of the Expedited Hearing on all Parties not less than forty-eight (48) hours before the time set for the Expedited Hearing. Proof of service of this notice shall be filed with the Forum before the Expedited Document Hearing or shall be presented at the Expedited Participatory Hearing. RULE 28. Document Hearing. A. A Party may submit any document or property for consideration by the Arbitrator in a Document Hearing by filing with the Forum two (2) copies of the document or property description and serving all other Parties with copies of the document and property description. 19 B. Documents and property offered for consideration at a Document Hearing must be received by the Forum and served on each other Party no later than ten (10) days from the date of the notice of selection of an Arbitrator as provided in Rule 21. Documents or property submitted after that date will be considered by Request of the submitting Party granted by the Arbitrator for sufficient reason. C. The Arbitrator shall determine the admissibility and weight of evidence and shall not be bound by rules of evidence. D. During a Document Hearing, the Arbitrator may request that the Parties submit additional information or documents, including legal memoranda. Documents submitted in response to an Arbitrator's request shall be filed with the Forum and delivered to all other Parties no later than thirty (30) days after the date of the Request. A Party may obtain forty-five (45) additional days to respond to an Arbitrator's request by filing with the Forum and serving on all other Parties an extension notice before the initial thirty (30) day time period expires. Only one (1) extension by notice is available. E. The Arbitrator may visit a site to examine a matter relating to the arbitration. F. The close of a Document Hearing occurs when the Arbitrator completes reviewing the documents or property. G. The presence or involvement of a Party in a Hearing results in the waiver of any objections to the notice of the hearing. RULE 29. Discovery. A. After a Response is filed, Parties shall cooperate in the exchange of documents and information. A Party requesting discovery shall contact other Parties and discuss discovery Requests and any objections and arrange for the exchange of documents and information. B. If the Parties are unable to resolve discovery matters under Rule 29A, a Party may request the disclosure of documents, sworn answers to not more than twenty-five (25) written questions, or one or more depositions before a Hearing where: 1. The information sought is relevant to a Claim or Response, reliable, and informative to the Arbitrator; 2. The cost is commensurate with the amount of the Claim; and 3. The Request is reasonable and not unduly burdensome and expensive. The requesting Party shall serve all other Parties with a copy of the Request identifying the documents to be produced, written questions to be answered, or the notice of deposition 20 identifying the deponent, the proposed length of time for the deposition, and the scope of the deposition, no later than thirty (30) days before the date of a Participatory Hearing or for a Document Hearing, ten (10) days from the date of the notice of the selection of an Arbitrator C. A Party may request other discovery, including requests for admissions and requests for physical or mental examinations, before a Hearing, where: 1. The information sought is relevant to a Claim or Response, reliable, and essential to a fair hearing of the matter; 2. The cost is commensurate with the amount of the Claim; and 3. The Request is reasonable and not unduly burdensome or expensive. The requesting Party shall serve on all other Parties a copy of the Request identifying the discovery sought no later than thirty (30) days before the date of a Participatory Hearing or for a Document Hearing, ten (10) days from the date of the notice of the selection of an Arbitrator D. A Party receiving a Request shall serve on the requesting Party: 1. Within five (5) days after receipt of the notice of a deposition, a written reply agreeing to the deposition or objecting to the deposition, including an explanation of the objections. Within twenty (20) days of the receipt of the Request for other discovery, a copy of the documents requested or a statement permitting an examination of the original documents or property at a convenient time and place, sworn answers to the written questions, or a written agreement to provide other requested discovery or a written objection explaining why all or some of the documents, property or other discovery has not been provided. E. If a Party objects in accord with this Rule, the requesting Party may file with the Forum and serve on all Parties, no later than ten (10) days after receiving the objection: 1. A Request for a Discovery Order; 2. A copy of the written objections; and 3. A written statement of reasons why the requesting Party needs the discovery. F. An Arbitrator shall promptly determine whether sufficient reason exists for the discovery and issue an Order. C. An Arbitrator may draw an unfavorable, adverse inference or presumption from the failure of a Party to provide discovery, in addition to imposing any other sanction. Costs, expenses, and fees, including reasonable attorney fees, related to seeking or resisting discovery under Rule 29 may be assessed against the non-prevailing Party. 21 RULE 30. Subpoena for In-person Participatory Hearing. A. A Party may obtain a subpoena ordering a non-Party witness to produce documents or property at an In-person Participatory Hearing or ordering a witness to testify at an In-person Participatory Hearing by filing with the Forum and serving on all other Parties a Request conforming to Rule 18 identifying the witness, describing the documents or property, and stating reasons for the relevancy and reliability of the documents, property or testimony. B. A Request for a Rule 30 subpoena must be received by the Forum no later than twenty (20) days before the In-person Participatory Hearing, unless the notice of the Hearing provides otherwise. C. The subpoena shall be issued by an Arbitrator if the Request conforms to Rules 30A and 30B and demonstrates the relevancy and reliability of the documents, property or testimony. D. The subpoena shall be served: (1) by a person who is not a Party and is not less than eighteen (18) years of age if served upon a non-Party witness, or (2) by delivery or personal service if served upon a Party witness or the Party. The subpoena must be received by the person subpoenaed no later than five (5) days before the hearing, unless the Arbitrator orders otherwise. E. A subpoena may be served on a non-Party witness at any place allowed by applicable law. F. A subpoena served on a non-Party witness shall be accompanied by a witness fee of twenty-five dollars (US $25) and reasonable travel reimbursement to and from the Hearing location and the residence or place of business of the non-Party. A subpoena for the production of documents or property served on a non-Party witness shall also be accompanied by payment of the reasonable costs of producing the documents and property. G. Within five (5) days after being served with the subpoena or before the time specified in the subpoena to appear at the Hearing, if less than five (5) days, the witness or a Party may request an Order that the subpoena be dismissed or modified. The Request shall conform to Rule 18 and shall state why the subpoena should be dismissed or modified. H. If a witness or Party makes a Request under Rule 30G, an Arbitrator shall promptly determine whether sufficient reason exists for the Order, or enforce the subpoena. 1. The Party having the subpoena served shall provide the Arbitrator with the proof of service of the subpoena if the witness fails to appear at the Hearing. J. Subpoenas issued under this Code may be enforced in accord with the applicable law. K. An Arbitrator may draw an unfavorable, adverse inference or presumption from the failure of a Party to produce a Party witness, in addition to imposing any other sanction. 22 RULE 31. Exchange of Information Before a Participatory Hearing. A. Before all Participatory Hearings, each Party shall serve on all other Parties and file with the Forum two (2) copies of: 1. A list of all witnesses expected to testify and a summary of their testimony; 2. A list and description of all exhibits to be introduced; 3. A copy of all documents and a detailed description of any property to be introduced at the Hearing; 4. An Affidavit establishing the authenticity of any Document proposed to be introduced at the Hearing; and 5. Any Request for additional Participatory Hearing sessions, accompanied by the fee as provided in the Fee Schedule. B. All Parties and the Forum shall receive the lists, Documents, and Affidavits provided for in Rule 31A no later than ten (10) days before the Participatory Hearing, unless the notice provides otherwise. Lists, Documents, and Affidavits may be submitted after that date only by Request of the submitting party granted by the Arbitrator for sufficient reason. C. The Arbitrator may exclude witnesses, testimony or documents sought to be introduced by a Party who failed to comply with Rules 31A and 3113. RULE 32. Location of an In-person Participatory Hearing. A. An In-person Participatory Hearing shall be held where the Arbitration Agreement designates or where the Parties agree or, in the absence of an agreement and for all Consumer cases, at a reasonably convenient location within the United States federal judicial district or other national judicial district where the Respondent to the Initial Claim resides or does business. A Respondent entity does business where it has minimum contacts with a Consumer. B. Unless the Parties agree otherwise, if there is more than one Respondent to an Initial Claim, an In-person Participatory Hearing shall be held in the federal judicial or other national judicial district where the majority of the Respondents to the Initial Claim resides or does business. If there is no federal judicial or other national judicial district where a majority of Respondents resides or does business, the Forum shall select a reasonably convenient location for the In-person Participatory Hearing. RULE 33. Participatory Hearing. A. A Participatory Hearing may include: 23 1. An introduction by the Arbitrator. Opening statements by each of the Parties. The Respondent and other Parties have the option of reserving the opening statement until the presentation of their evidence. 3. Claimants case. The Claimant may introduce evidence, examine witnesses, and submit exhibits. The Respondent and other Parties may also examine the witnesses and submit exhibits. 4. Respondents case. The Respondent may introduce evidence, examine witnesses, and submit exhibits. The Claimant and other Parties may also examine the witnesses and submit exhibits. 5. Additional cases. Other Parties may present their case. 6. Rebuttal. A Party may introduce additional evidence, examine witnesses, and submit exhibits to rebut an opposing Party's case if the submissions are not repetitive, cumulative or otherwise inadmissible. 7. Summation. Each Party may present a closing statement. 8. Concluding remarks by the Arbitrator. B. The close of a Participatory Hearing occurs when either the Arbitrator announces the Hearing closed or more than twenty (20) days elapse from the final session. RULE 34. Participatory Hearing Proceedings. A. A Participatory Hearing may consist of one or more sessions. A Hearing may be conducted on any business day, unless the Parties and Arbitrator agree otherwise. B. Hearing Sessions: Parties shall select sufficient time and sessions for Participatory Hearings in accord with Rule 26B. A Hearing session is scheduled for the following length of time, unless more time or sessions are selected and the fees are paid: A one hundred eighty-minute (180) session is scheduled for cases in which the amount in controversy exceeds $30,000. A one hundred twenty-minute (120) session is scheduled for cases in which the amount in controversy is between $15,001 and $30,000. A ninety-minute (90) session is scheduled for cases in which the amount in controversy is between $5,001 and $15,000. 24 A sixty-minute (60) session is scheduled for cases in which the amount in controversy is $5,000 or less. C. The Arbitrator shall conduct an arbitration in an orderly, efficient, and economic manner, and shall determine the order and presentation of evidence and oral arguments. D. All Parties to the arbitration and their attorneys or representatives shall be entitled to attend or be involved in the Participatory Hearing. Other persons may not attend, unless the Parties agree or the Arbitrator orders otherwise. The Arbitrator may sequester witnesses. E. The Arbitrator may request documents and information from the Parties and may question any witness or Party to clarify evidence or arguments. F. An Arbitrator may request Parties to submit additional information or documents including legal memoranda, which the Forum, the Arbitrator, and the Parties shall receive no later than thirty (30) days after the final Participatory Hearing session. G. A Party may request permission to submit a post-hearing memorandum, which may be granted by the Arbitrator. The responsible Party shall pay the fee provided by the Fee Schedule in Appendix C. H. The presence or involvement of a Party in a Hearing results in the waiver of any objections to the notice of the Hearing. RULE 35. Evidence in a Participatory Hearing. A. Presentation. Parties shall have a full and equal opportunity to present relevant and reliable evidence and oral and written arguments in support of their positions. Parties may present evidence and arguments in any reasonable form and by any means of communication. B. Oath. The Arbitrator shall administer an oath or affirmation before a witness testifies. C. Admissibility. The Arbitrator shall determine the admissibility and weight of evidence and shall not be bound by rules of evidence. D. Objections. A Party may object to the introduction of evidence by another Party or a request or question by an Arbitrator, and the Arbitrator shall rule on the objection. E. Site Examination. An Arbitrator may visit a site to examine a matter relating to the arbitration accompanied by the Parties or their representatives if they so choose. F. Record. No record of a hearing shall be kept unless agreed by all Parties or ordered by the Arbitrator. The responsible Party or Parties requesting a record shall arrange and pay for the record, and promptly provide a copy of the transcript or recording to the Arbitrator and the 25 Forum at no cost to the Arbitrator or the Forum, and, if requested by another Party, to that Party, at that Party's expense. G. Interpreter. A Party who requires an interpreter shall arrange and pay for the interpreter. An Arbitrator may have an interpreter present, with a fee assessed to a Party or Parties as determined by the Director. RULE 36. Arbitration Proceedings in Absence of a Party. A. An Arbitrator may issue an Award or Order when any Party has failed to respond, appear, or proceed at a Hearing, or otherwise defend as provided in this Code. B. If a Party does not respond to a Claim, an Arbitrator will timely review the merits of the Claim for purposes of issuing an Award or Order. The Claimant need not submit an additional Request for an Award. C. An Arbitrator may require an Affidavit, information or Documents from Parties who have appeared or conduct a Hearing to receive evidence necessary to issue an Award or Order. Documents submitted in response to an Arbitrator's request shall be filed with the Forum, no later than thirty (30) days after the date of the request. D. Each Party making an appearance shall be provided notices relating to a Hearing. E. No Award or Order shall be issued against a Party solely because that Party failed to respond, appear or defend. 26 PART VI AWARDS AND ORDERS RULE 37. Awards A. An Award establishes the rights and obligations of all Parties and is final and binding, unless the Parties agree otherwise. B. An Award shall not exceed the money or relief requested in a Claim or amended Claim and any amount awarded under Rule 37C. C. An Award may include fees and costs awarded by an Arbitrator in favor of any Party only as permitted by law or in favor of the Forum for fees due. D. An Arbitrator shall endeavor to render an Award within twenty (20) days after the date of the close of the Hearing. E. All Awards and Orders shall be in writing, dated, and signed by the Arbitrator or by a majority of the panel, and filed with the Forum. F. An Award of an arbitration panel shall be by a majority of the Arbitrators. The chair of an arbitration panel may issue Orders, make rulings, and conduct proceedings. G. An Award shall not include any reasons, findings of fact or conclusions of law unless required by prior written agreement of the Parties or requested in writing by a Party before the beginning of any Hearing. Within ten (10) days of the date of the notice of selection of an Arbitrator, Parties may request that an Award include written reasons, findings of fact or conclusions by filing with the Forum a written request, accompanied by a fee, if any, as provided in the Fee Schedule. H. Awards shall be based upon a preponderance of the evidence presented, unless an agreement of the Parties or the applicable law provides otherwise. I. An Arbitrator or the Director may issue an Award or Order based upon a written settlement signed by the Parties. RULE 38. Orders. A. An Arbitrator or the Director, where permitted by the Code, may issue an Order at the Request of a Party or on the initiative of the Arbitrator or Director. 27 B. At any time following the filing of a Claim, upon a Request by a Party and after a hearing, the Arbitrator may issue an interim order and may require security as a condition of the interim order. RULE 39. Entry and Service of Award. A. An Award shall be entered in the state, country, or other jurisdiction provided for a Hearing in Rule 32, which shall appear on the Award. B. An Award becomes final when entered. An Award may not be entered if fees required by the Fee Schedule remain unpaid. C. The Forum shall serve a copy of the Award upon all Parties or their representatives or as directed by any Party. D. Parties consent to service of the Award and of all documents, notices, and orders necessary to confirm an Award or to enter a judgment based on an Award by delivery, as defined by Rule 2K, at any address of the Party or representative of record with the Forum. E. An Award maybe confirmed, entered or enforced as a judgment in any court of competent jurisdiction. The Forum may disclose necessary information in connection with the confirmation, entering, enforcement, or challenge of an Award or Order or otherwise as required by law. RULE 40. Voluntary Dismissal. A. A Claimant may dismiss a Claim after it is filed and before the Respondent is served by filing with the Forum a notice of dismissal. B. A Claimant may dismiss a Claim before the Claimant is served with a Response by serving on all Parties and filing with the Forum a notice of dismissal. C. After a Claimant is served with a Response, a Claim may be dismissed at the Request of the Claimant. Before the selection of an Arbitrator, the Director may dismiss the Claim. After the selection of an Arbitrator, the Arbitrator may dismiss the Claim. D. An arbitration may be dismissed at any time by agreement of the Parties filed with the Forum. E. Unless stated otherwise, the first voluntary dismissal of a Claim is without prejudice, and the Claim may be brought again. F. A Claim voluntarily dismissed more than once is dismissed with prejudice, and cannot be brought again. 28 RULE 41. Involuntary Dismissal. A. A Claim or Response may be dismissed by an Arbitrator at the Request of the Director or a Party or on the initiative of the Arbitrator for one or more of the following reasons: 1. It is not supported by evidence. 2. It is not supported by existing law. 3. It is frivolous. 4. It has been presented or maintained for an improper purpose, such as to harass, cause unnecessary delay or needlessly increase the cost of arbitration. 5. A Party has violated any provision of the Code, or any order or notice from an Arbitrator or the Director. B. A Claim or Response may be dismissed by an Arbitrator or by the Director at the Request of a Party in accord with Rule 18 or on the initiative of the Arbitrator or Director for one or more of the following reasons: 1. A Party has failed to proceed with an arbitration or Claim. 2. A Party has failed to pay fees as provided in the Fee Schedule. 3. More than ninety (90) days have elapsed between the filing date of the Claim and the date the Forum receives a Response or proof of service of the Initial Claim. 4. More than sixty (60) days have elapsed since a hearing has been postponed or an arbitration case has been placed on inactive status. C. The Forum shall serve notice of an involuntary dismissal on all Parties D. Unless stated otherwise, an involuntary dismissal by an Arbitrator is with prejudice and the Claim may not be brought again. E. An involuntary dismissal by the Director is without prejudice and the Claim may be brought again. F. If a Claimant again brings a Claim against a Respondent that was dismissed without prejudice, the Director or Arbitrator may order the costs incurred by the Respondent in the previous case be paid to the Respondent and may stay the proceedings of the arbitration until the Claimant has complied with this Order. 29 RULE 42. Correction. The Director or Arbitrator may correct clerical mistakes or errors arising from oversight or omission in the issuance of an Order or Award. RULE 43. Reopening and Reconsideration. A. An Arbitrator may reopen a Hearing or reconsider an Award if: 1. The Award is not final; 2. The Award is ambiguous or contains evident material mistakes; 3. A Party was not served with an Initial Claim in accord with this Code; 4. The Arbitrator did not decide a submitted issue; or, 5. All Parties agree. B. Otherwise, neither the Arbitrator nor the Director has the power to vacate an award after the Award becomes final, unless all Parties agree. C. A Request that an Arbitrator reopen a Hearing or reconsider an Award must be filed with the Forum in accord with Rule 18 and served on all Parties within forty-five (45) days from the date the Award is entered; a Party cannot make a second request. A Request or motion to reconsider is usually not granted, unless the controlling law has changed. D. An Award is reviewable by a court of competent jurisdiction as provided by applicable law. 30 PART VII FEES RULE 44. Fees. A. A Party may not file a Claim or proceed with an arbitration unless the fees provided in the Fee Schedule are timely paid to the Forum. Fees are not refundable, except as otherwise provided by the Code. B. The Forum may not accept for filing an arbitration, Claim, Response, Request, demand or notice if the fee required by the Fee Schedule does not accompany the submission. C. The Forum may not schedule a Document Hearing or a Participatory Hearing if the fee required by the Fee Schedule does not accompany the selection of the Hearing. D. During the course of any Participatory Hearing, the Director or Arbitrator may require any Party, who is not a Consumer in a Common Claim case, to pay in advance a fee for necessary Participatory Hearing sessions in addition to those requested under Rules 26 and 27. E. The prevailing Party may recover fees paid in the arbitration in accord with Rule 37C. F. Issues regarding filing fees, including the value of relief sought, may be raised by any Party and shall be resolved by the Director or by an Arbitrator. C. Fees for Arbitrators selected in accord with Rules 21A(1) and (2) are mutually agreed to and paid by the Parties. Fees for Arbitrators selected in accord with Rule 2IA(3) are paid to the Forum by the Parties as provided for in the Fee Schedule in Appendix C. H. Additional fees may be assessed as provided in the Fee Schedule for awards issued in accord with rules 17A(4) and 44F. The Party responsible to pay these fees shall do so before an Award is entered. 1. A Consumer Party may submit a statement to the Director stating that an agreement of the Parties or the applicable law requires an opposing Business Party to pay fees. The Business Party may be required to pay fees for the Consumer as provided in this Code and Fee Schedule or by the agreement of the Parties or applicable law. J. The Director may establish reasonable fees for proceedings not covered by the Fee Schedule in accord with the law and may assess additional fees for arbitrations conducted outside the United States or involving Parties from more than one country. 31 RULE 45. Waiver of Fees. A. An indigent Consumer Party may request a waiver of Common Claim Filing Fees, Request Fees, Hearing Fees, or security for any arbitration, by filing with the Director a written Request for a waiver at the time payment is due. The Request for a waiver shall be accompanied by an affidavit including: 1. The Party's family size; 2. All of the Party's income and sources, property and assets, expenses and costs, liabilities and debts; 3. An averment that there is no agreement providing for any other person or entity to share in either the costs or proceeds of the Claim; and 4. All other relevant information, including releases for credit information, as requested by the Director. 5. In the absence of the averment provided for by Rule 45A(3), a copy of any such agreement and the financial information described in Rule 45A(2) for any person or entity or entity that has agreed to participate in the costs or the proceeds of the Claim. Neither the Request nor Affidavit need be sent to the other Parties B. The Director shall promptly determine whether a Consumer Party is eligible for a full or partial waiver under this Rule and under United States federal poverty standards or the applicable law. If the Director determines that a Consumer Party is eligible for a full or partial waiver, the Director may order that the business Party pay the appropriate fees. C. If another Party has agreed to pay fees, a Rule 45 Request is unnecessary and the fee paying Party is obligated to pay the fees. D. If the statements in the Rule 45 Affidavit are untrue or incomplete, or if the Consumer Party is later determined to be able to pay the fees, the Director shall order the Consumer Party to pay the fees waived. The Consumer Party must file an amended Affidavit of Poverty within thirty (30) days of a material change in the financial condition or circumstances described in the Consumer Party's initial Affidavit of Poverty. 32 PART VIII CODE PROVISIONS RULE 46. Compliance with Rules. An Arbitrator may sanction a Party or representative, or both, for violating any Rule, notice, ruling, Order or for asserting an unsupportable Claim or Response. A Party may be sanctioned on the initiative of the Arbitrator or at the request of the Director or a Party. An Arbitrator shall sanction a Party who refuses to pay fees as required by agreement, these Rules, or the applicable law, unless the offending party establishes reasonable neglect. RULE 47. Legal Proceedings. A. The Arbitrator, the Director, the Forum, and any individual or entity associated with the Forum shall not be liable to any Party for any act or omission in connection with any arbitration conducted under this Code. B. No Party or prospective Party, before or during the arbitration of any matter eligible for submission under this Code, shall commence or pursue any lawsuit, administrative proceeding, or other action against any other Party, prospective Party, the Forum, or individual or entity associated with the Forum relating to any of the matters subject to arbitration under this Code or the agreement of the Parties. Any Party commencing or pursuing such a proceeding agrees to pay and indemnify all such Parties, the Forum, individuals, and entities for all expenses and costs incurred, including attorneys' fees as permitted by applicable law. C. No Arbitrator, Director or any individual associated with the Forum shall be a witness in any legal proceeding arising out of the arbitration. D. Any Party commencing or pursuing any lawsuit, administrative proceeding, arbitration or other action against the Forum, an Arbitrator or individual or entity associated with the Forum, after an Award is final, agrees to pay and indemnify the Forum, an Arbitrator, individuals and entities for all expenses and costs incurred, including attorneys' fees. E. Every Party to any arbitration administered by the Forum or to an Arbitration Agreement as described in Rules 1 or 2C and the Forum agree that any Claim or dispute of any nature against the Forum or any agent, officer, employee, or affiliate of the Forum or any Arbitrator shall be resolved by final, binding arbitration conducted by a panel of three (3) Arbitrators. The Party or Parties shall select one Arbitrator; the Forum shall select a second Arbitrator; and these two Arbitrators shall select a third Arbitrator who is neutral and independent and who shall be the Chair of the panel. The Arbitrators shall conduct the arbitration pursuant to the Code of Procedure in effect at the time the arbitration is brought. The Chair shall have the powers of the 33 Forum Director and perform the responsibilities of the Director. All fees payable under the Fee Schedule shall be assessed by the Chair and paid to the panel of Arbitrators. Neither the Forum, nor its Director, nor any employee or agent of the Forum shall administer the arbitration. RULE 48. Interpretation and Application of Code. A. This Code shall be interpreted in conformity with 9 U.S.C.§§ 1-16 and 9 U.S.C.§§ 201 - 208 in the United States or the applicable law of other countries in order to provide all participants in the arbitration with a fair and impartial proceeding and an enforceable Award or Order. B. Unless the Parties agree otherwise, any Arbitration Agreement as described in Rules I and 2C and all arbitration proceedings, Hearings, and Awards are be governed by the Federal Arbitration Act, 9 U.S.C.§§ 1-16. C. In the event a court of competent jurisdiction shall find any portion of this Code to be in violation of the law or otherwise unenforceable, that portion shall not be effective and the remainder of the Code shall remain effective. D. The Director or Arbitrator may decline the use of arbitration for any dispute, controversy, Claim, Response or Request that is not a proper or legal subject matter for arbitration or where the agreement of the Parties has substantially modified a material portion of the Code. If Parties are denied the opportunity to arbitrate a dispute, controversy or Claim before the Forum, the Parties may seek legal and other remedies in accord with applicable law. E. In the event of a cancellation of this Code, any Party may seek legal and other remedies regarding any matter upon which an Award has not been entered. F. The Forum Code Committee, appointed by the Board of Directors, shall have the power and authority to effectuate the purposes of this Code, including establishing appropriate rules and procedures governing arbitrations and altering, amending or modifying this Code in accord with the law. 34 APPENDIX A 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: 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. 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. 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, MN. USA 55405-0191 (952) 516-6400 (800) 474-2371 info@arb-forum.com ARBITRATI ON-FORUM. COM 35 APPENDIX B SECOND NOTICE OF ARBITRATION Date Dear Respondent, Name of Case File Number We have received notice that you have been served with an Arbitration Claim in the above case. If you want to respond to the Claim, the Code of Procedure requires you to respond in writing. If you have not yet responded, YOU MAY STILL SEND A WRITTEN RESPONSE to the Claimant and the Forum. YOU HAVE THIRTY (30) DAYS FROM THE DATE OF SERVICE OR FOURTEEN (14) DAYS FROM THE DATE OF THIS NOTICE, whichever is later, to respond. If you do not serve on the Claimant and file with the Forum a written response, an Award may be entered against you and in favor of the Claimant. An arbitration award may be enforced in court as a civil judgment. The First Notice of Arbitration you received with the Initial Claim documents stated that you could 1. Submit a written Response to the Claim, stating your reply and defenses to the Claim, together with documents supporting your position. 2. Request a Document Hearing, an In person Participatory Hearing where you reside or do business, or an On-line or Telephone Hearing as provided in the Forum Code of Procedure. 3. Seek the advice of an attorney or any person who may assistyou regarding this arbitration. You should seek this advice immediately. You still have these options. If you have any questions or need a copy of the Initial Claim Documents or the Forum Code of Procedure, or need help in responding, you may contact the Forum: P.O. Box 50191 Minneapolis, MN USA 55405 0191 (651) 631-1105 (800) 474-2371 info@arb-forum.com ARBITRATION-FORUM.COM 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. 36 APPENDIX C FEE SCHEDULE There are two separate Fee Schedules in Appendix C: Common Claim Fee Schedule, for Claims under $75,000; and Large Claim Fee Schedule, for Claims of $75,000 or more. All Fees are in United States dollars. Fees for Consumer Parties are also governed by Rules 44 and 45 of the Code of Procedure. Consumers include consumers, employees, and patients as defined in Rule 2J of the Code. In-Person Participatory Hearing sessions are typically scheduled for 9:00 a.m. and 1:30 p.m. loca time on business days and may be scheduled at other times by agreement of the Parties, the Director, and Arbitrator. Rule 32 generally provides that an In-person Participatory Hearing will be held in the area where the Respondent resides or does business, unless the arbitration agreement designates or the Parties agree to a different location. Business Parties that deal with Consumers commonly are doing business where they have minimum contacts with a Consumer Party. Questions? Need Help? Any Party who has questions or needs help in filing or responding to a claim may contact the Forum: P.O. Box 50191 Minneapolis, MN USA 55405-0191 (651) 631-1105 (800) 474-2371 info@arb-forum.com ARBITRATIONTORUM. COM 37 FEES FOR COMMON CLAIMS (CLAIMS UNDER $75,000) Filing Fee: The Fee for filing a claim. Commencement Fee: The Fee assessed when the arbitration is commenced in accord with the rules. Administrative Fee: The Fee assessed when a Response is filed and which includes a Document Hearing. Document Hearing Fee: The Fee for a Document Hearing. Participatory Hearing Fee: The Fee for a Participatory Hearing. Common Claim Fees $15,000 or Less Claim Amount Filing Commencement Administrative Participatory Hearing Fee Fee Fee Session Fee $2,500 or less $25 $25 $200 $150 $2,501 - 5,000 $35 $35 $250 $150 $5,001 - 10,000 $35 $35 $350 $300 $10,001- 15,000 $35 $35 $450 $300 [$15,001-$74,999 Fee Schedule appears below.] Consumer Claimants: A Consumer Claimant pays the Filing Fee and one-half the fee for a Participatory Hearing selected by the Consumer, unless otherwise provided by agreement of the Parties or required by the applicable law. A Business Respondent pays the Commencement and Administrative Fees and the fee for a Participatory Hearing, if selected by the Business Respondent, or one-half of the Participatory Hearing Fee, if selected by the Consumer. See Rules 44 and 45. Consumer Respondents: The only fee a Consumer Respondent pays is one-half of the fee for a Participatory Hearing selected by the Consumer Respondent, unless otherwise provided by agreement of the Parties or required by the applicable law. See Rules 44 and 45. All Other Claimants and Respondents: A Claimant pays Filing, Commencement, and Administrative Fees, and the fee for a Participatory Hearing selected by the Claimant. The only fee a Respondent pays is the fee for a Participatory Hearing selected by the Respondent. Administrative Fee: Fifty dollars ($50) of the Administrative Fee is to be paid to the Forum at the time the Response is filed and the remaining amount is to be paid thirty (30) days thereafter. 38 $15,001-$74,999 Common Claim Fees Claim Amount Filing Commencement Fee Administrative Fee Fee $60 $60 $650 Participatory Hearing Session Fee $500 $30,001'50,000 $110 $110 $950 $750 $50,001-74,999 $240 $240 $1250 $1,000 Consumer Claimants: A Consumer Claimant pays the Filing Fee and $250 (two-hundred fifty dollars) of the fee for a Participatory Hearing selected by the Consumer, unless otherwise provided by agreement of the Parties or required by applicable law. A Business Respondent pays the Commencement and Administrative Fees and the fee for a Participatory Hearing, if selected by the Business Respondent, or the fee for a Participatory Hearing less $250 (two-hundred fifty dollars), if selected by the Consumer. See Rules 44 and 45. Consumer Respondents: The only fee a Consumer Respondent pays is $250 (two-hundred fifty dollars) if the Consumer Respondent selects a Participatory Hearing, unless otherwise provided by agreement of the Parties or required by the applicable law. See Rules 44 and 45. Business Claimants pay the remainder of the Participatory Hearing Fee. All Other Claimants and Respondents: A Claimant pays the Filing, Commencement, and Administrative Fees, and the fee for a Participatory Hearing selected by the Claimant. The only fee a Respondent pays is the fee for a Participatory hearing selected by the Respondent. Refund of Participatory Hearing Fees: A Party may submit a Request for a partial refund of a Participatory Hearing Fee if the Party withdraws the demand for the Hearing at least fifteen (15) days before the Hearing. 39 Common Claim Request Fees Processing Fee $10 Request for Amendment $100 Request for Subpoena $50 Request for Discovery Order $50 Request to Director for Time Extension $50 Request to Arbitrator for Time Extension or Stay $50 Request for Reopening or Reconsideration $200 Request for Other Orders: Dispositive Orders Non-dispositive Orders $250 $150 Request Fee Payment: For Requests other than a Request for Reopening or Reconsideration, a Consumer Party pays a $10 (ten dollar) Processing Fee and a Business Respondent pays the Request Fee. All other parties pay the Request Fee when making a Request. All parties pay $200 (two-hundred dollars) when filing a Request for Reopening or Reconsideration. Objection to a Request: A Party other than a Consumer filing an objection to a Request pays a fee equal to all or part of the fee for the Request, as determined by the Forum. Requests for Discovery Orders, Dispositive Orders, Non-dispositive Orders and Contested Requests are resolved by an Arbitrator at a Document Hearing, and the Fee for this Document Hearing is paid by the Party paying the Request Fee. Hearing Procedural Fee: Parties selecting an Arbitrator in accord with Rule 21A(1) shall each pay a $50 (fifty dollar) Procedural Fee for each scheduled Hearing session. Parties selecting an Arbitrator in accord with Rule 21A(2) shall each pay a $75 (seventy-five dollar) Procedural Fee for each scheduled Hearing session. Post-Hearing Memorandum Fee: The Director or Arbitrator may grant a Party's request to submit Post-Hearing Memoranda. A Consumer Party submitting a Post Hearing Memorandum pays $100 (one-hundred dollars); all other Parties pay a fee equal to one-half of the Administrative Fee. Arbitrators: In cases where the Parties agree to a number of Arbitrators in addition to those provided by the Code or to qualifications of the Arbitrator beyond those required by the Forum, a 40 fee will be determined by the Director for each Arbitrator to be paid by the responsible Party or Parties. Findings and Conclusions: The fees for written findings of fact, conclusions of law or reasons for the Award in a Common Claim case are: $2,500 or less $200 $2,501 - 5,000 $250 $5,001 - 15,000 $300 $15,001 - 30,000 $400 $30,001 - 50,000 $500 $50,001 - 74,999 $750 The above fees are paid as follows: A Business Party pays the entire fee where an Arbitration Agreement with a Consumer Party requires written findings of fact, conclusions of law or reasons for an Award. A Consumer Party pays $100 (one-hundred dollars) and a Business party pays the remaining portion where an Arbitration Agreement does not provide for written findings, conclusions, or reasons and a Consumer Party requests such an Award. All other Parties who make this Request pay the entire fee, unless otherwise provided by agreement of the Parties or required by the applicable law. Determination of Other Fees: The Director establishes all other fees. Parties may obtain the amount of a fee by contacting the Forum. Questions? Need Help? Any Party who has questions or needs help in filing or responding to a claim may contact the Forum: P.O. Box 50191 Minneapolis, MN USA 55405-0191 (651) 631-1105 (800) 474-2371 info@arb-forum.com ARBITRATION-FORUM. COM 41 FEES FOR LARGE CLAIMS (CLAIMS $75,000 AND ABOVE) This Fee Schedule governs Large Claim arbitrations, including Filing, Request, Hearing, and other fees. These fees are to be paid by the Claimant or, in the case of Hearings, by the Party or Parties selecting the Hearing, unless otherwise provided by the agreement of the Parties or required by applicable law. See Rules 44 and 45. LARGE CLAIM FILING FEES ($75,000 and above) Claim Amount Filing Fee $75,000 to $100,000 $750+ 1% of the excess over $75,000 $100,001 - $500,000 $1,000 + 0.75% of the excess over $100,000 1 - $1,000,UOU of the excess over $500,000 $1,000,001 - $10,000,000 $5,250 + 0.10% of the excess over $1,000,000 Above $10,000,000 $16,000 Filing Fees for Claims that are Large Claims do not include fees for Hearings or Requests, which shall be paid by the Party submitting the Request or selecting the Hearing or by the Party responsible to pay the Fees under the Agreement of the Parties or as required by the applicable law. See Rules 44 and 45. Refund of Filing Fees: In a Large Claim case, a Party may submit a Request to the Director for a partial refund of a Filing Fee if a Claimant is unable to obtain service on Respondent or in other situations. The Director shall determine the amount, if any, of the refund at the discretion of the Director. 42 Large Claim Request Fees Request for Amendment Request for Subpoena Request for Discovery Order Request to Director for Time Extension Request to Arbitrator for Time Extension or Stay Submission of Post-Hearing Memoranda Request for Reopening or Reconsideration Request for Other Orders: Dispositive Orders Non-dispositive Orders $150 $75 $150 $100 $200 A fee equal to one-half the fee for one Hearing Session $500 A fee equal to a Document Hearing Fee $500 Parties who submit a Request pay the Request Fees, unless otherwise provided by agreement of the Parties or required by the applicable law. See Rules 44 and 45. Objection to a Request: A Party filing an objection to a Request shall pay a fee equal to all or part of the fee for the Request, as determined by the Forum. Requests for Discovery Orders, Dispositive Orders, Non-diapositive Orders and Contested Requests shall be resolved by an arbitrator at a Document Hearing, and the Fee for this Document Hearing shall be paid by the Party paying the Request Fee. Multiple Submissions: The Forum may assess a Fee of $100 (one hundred dollars) for multiple submissions by a non-Consumer Party. 43 LARGE CLAIM HEARING FEES ($75,000 and above) The following provisions apply to both Document Hearings and Participatory Hearings in Large Claim cases, unless otherwise provided by agreement of the Parties or required by the applicable law Amount in Controversy: The amount in controversy is the total of all Claim Amounts Multi-party Hearing: These fees include two-party Hearings involving one Claimant and one Respondent. Additional fees determined by the Director may be assessed for each additional Party. Hearing Procedural Fee: Parties selecting an Arbitrator in accord with Rule 21A(1) shall each pay a $100 (one hundred dollar) Procedural Fee for each scheduled Hearing session. Parties selecting an Arbitrator in accord with Rule 21A(2) shall each pay a $150 (one- hundred fifty dollar) Procedural Fee for each scheduled Hearing session. Arbitrators: In cases where the Parties agree to a number of Arbitrators in addition to those provided by the Code or to qualifications of the Arbitrator beyond those required by the Forum, a fee will be determined by the Director for each Arbitrator to be paid by the responsible Party or Parties. Expedited Hearing: There is an additional minimum Fee of $750 (seven hundred fifty dollars) for an Expedited Document Hearing and $1,000 (one thousand dollars) for an Expedited Participatory Hearing. The Director may assess a higher Fee. Findings and Conclusions: Document Hearin es The additional fee for written findings of facts, conclusions of law or reasons for an Award is equal to one-half the fee for the Document Hearing, unless the Director determines otherwise. Where an Arbitration Agreement requires written findings of fact, conclusions of law or reasons for the Award, the Parties shall equally split this fee. Where a Party requests written findings of fact, conclusions of law or reasons for the Award, the requesting Party shall pay this fee. Participatory_Heariness The additional fee for written findings of facts, conclusions of law or reasons for an Award is equal to the fee for one additional Participatory Hearing session, unless the Director determines otherwise. Where an Arbitration Agreement requires written findings of fact, conclusions of law or reasons for an Award, the Parties shall equally split this fee. Where a Party requests written findings of fact, conclusions of law or reasons for the Award, the requesting Party shall pay this fee. 44 DOCUMENT HEARINGS Large Claim Fees These fees include all costs for a Document Hearing including Arbitrator fees. Amount in Controversv Hearing Fee $75,000 - $100,000 $2,500 $100,001- $250,000 $4,000 $250,001- $500,000 $7,500 $500,001- $5,000,000 $12,5000 $5,000,001 - $10,000,000 $17,500 Above $10,000,00 $25,000 PARTICIPATORY HEARINGS Large Claim Fees These fees include costs for In-Person, Telephone and On-Line Participatory Hearings and the fee for the Arbitrator(s). Amount in Controversy Hearing Fees $75,000 - 100,000 $2,500 initial session; $1,000 for each additional session $100,001 - 250,000 $4,000 initial session; $1,500 for each additional session $250,001 - 500,000 $7500 initial session; $2,000 for each additional session $500,001 - 999,999 $10,000 initial session; $3,000 for each additional session $1,000,000 - 5,000,000 $12,500 initial session; $6,000 for each additional session $5,000,001 - 10,000,000 $17,500 initial session; $9,000 for each additional session Above $ 10,000,000 Contact Director for fees 45 Telephone Hearings: Each party is responsible for providing and paying for telephone service at each location where that Party or a representative will participate in a Telephone Participatory Hearing and for telephone charges for communication with the Arbitrator. The Forum may require a deposit from each Party for telephone charges that are billed to the Forum. On-line Hearings: Each Party is responsible for providing and paying for On-line service and application software compatible with that of the Arbitrator at each location where that Party or a representative will participate in an On-line Participatory Hearing and for any charges necessary for communication with the Arbitrator. Refund of Hearing Fees: A Party may submit a Request for a partial refund of a Hearing fee if the Party withdraws the demand for the Hearing at least fifteen (15) days before the Hearing. Determination of Other Fees: The Director establishes all other fees. Parties may obtain the amount of a fee by contacting the Forum. Questions? Need Help? Any Party who has questions or needs help in filing or responding to a claim may contact the Forum: P.O. Box 50191 Minneapolis, MN USA 55405-0191 (651) 631-1105 (800) 474-2371 info@arb-forum.com ARBITRATION -FORUM. C 0 M © Copyright 1986-2002 National Arbitration Foram 46 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., No. 05 - 4763 Plaintiff CIVIL TERM VS. TOD SHEDLOSKY, CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing to Petition to Vacate upon` Counsel for Defendant, by First Class Mail, Postage a copy thereof on this day of October, 2005, to: Carl C. Risch, Esquire Hilary A. Dean, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 LAW OFFICES WOLPOFF & ABRA N, LL.P. ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION "W TRINDLE ROAD THIRD FLOOR CAMP HILL. PA 17011 L Q Amy r Doyle, Esq ire ID No. 87062 Daniel F. Wolfson, Esquire ID No. 20617 Philip C. Warholic, Esquire ID No. 86341 Andrew C. Spears, Esquire ID No. 87737 David R. Galloway, Esquire ID No. 87326 Tonilyn M. Chippie, Esquire ID No. 87852 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3 d Floor Camp Hill, PA 17011 (717) 303-6700 Counsel for Plaintiff ]11-3036]00 ,, -, ` _ , __ }. - 7 ,, ' ; ; a ?.:. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., NO. 05-4763 Plaintiff VS. CIVIL ACTION - LAW TODSHEDLOSKY, Defendant CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, do hereby certify that I served a copy of the attached Rule to Show Cause, upon the Defendant's Counsel by Regular Mail, Postage Pre-Paid, a copy thereof on this hay of October, 2005, to: CARL RISCH, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 G_?? W&A # 108600147 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., P Floor Camp Hill, PA 17011 (717) 303-6700 MBNA AMERICA BANK, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 05-4763 CIVIL TERM TODSHEDLOSKY Defendant : CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, on this 4p^ day of O 6viel , 2005, upon consideration of the foregoing Petition to Vacate Arbitration Award, it is hereby ordered that: (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; yy?? (2) the respondent shall file an answer to the petition within Aays of this date; (3) the petition shall be decided under Pa.R.C.P. 206.7; (4) depositio s shall be completed within 1n80• daa so /)? (5) ti ' ' tui?fuf fRO'rTn4 nerlInd (6) notice of the entry of this order shall be provided to all parties by Petitioner. BY T C J. Ci ?? O _ L'? -_( ` - ?, ; i ;`=: _- ., ? __ Lry i r: ?1 0?? ? L ,I r / ?? ,...``9 ?/ , . IG'NARAECIPE FOR LISTING CASE FOR ARGUMENT pR (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) MBNA AMERICA BANK, N.A. (Plaintiff) VS. TOD SHEDLOSKY (Defendant) No. 05-4763 , CTVTi. Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): DEFENDANT'S PETITION TO VA AT ARBITRATION AWARD 2. Identify counsel who will argue cases: (a) for plaintiff: ANDREW C. SPEARS -- WOLPOFF & ABRAMSON LLP (Name and Address) 4660 TRINDLE ROAD - SUITE 300 CAMP HILL, PA 17011 (b) for defendant: CARL C. RISCH, ESQUIRE -- MARTSON DEARDORFF WILLIAMS & OTTO (Name and Address) 10 EAST HIGH STREET CARLISLE, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. YES 4. Argument Court Date: NEXT AVAILABLE DATE Date: 11/28/2005 your name MBNA Attorney for ?? 1 ?y ". ?.?? ?~ ' ?? _ i .1 ? ?• Y `' IG10 IN THE COURT OF COMMON PLEAS OF o? CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., NO. 05-4763 Plaintiff vs. TODSHEDLOSKY, To the Prothonotary: PRAECIPE TO WITHDRAW Kindly have Plaintiff's Praeeipe to List for Argument withdrawn Respectfully Submitted, W&A # 108600147 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., 3rd Floor Camp Hill, PA 17011 (717) 303-6700 CIVIL ACTION - LAW Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., NO. 05-4763 Plaintiff vs. CIVIL ACTION - LAW TOD SHEDLOSKY, Defendant CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, do hereby certify that I served a copy of Plaintiff's Praecipe to Withdraw, upon the Defendant's Counsel via Regular Mail, Postage Pre-Paid, a copy Dw l thereof on this')J__day of hle?, 2005, to: CARL C. RISCH, ESQUIRE MARTSON DEARDORFF WILLIAMS & O'TTO 10 EAST HIGH STREET CARLISLE, PA 17013 W&A # 108600147 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., P Floor Camp Hill, PA 17011 (717) 303-6700 ._., ? ??, ; , <?; _, ", PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) MBNA America Bank, N.A. (Plaintiff) VS. Tod Shedlosky (Defendant) No. 05-4763 , Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Petition to Vacate Arbitration Award Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 3. I will notify all parties in writing within two days that this case has been listed for argument. 17013 2. Identify counsel who will argue cases: (a) for plaintiff: Andrew C. Spears, Esquire (Name and Address) Wolpoff & Abramson LLP 4660 Trindle Rd. - Suite 300 Camp Hill, PA (b) for defendant: 17011 Carl C. Risch, Esquire / Hillary A. Dean, Esquire (Name and Address) certificate of service attached 4. Argument Court Date: To be scheduled by Court Date: Q Signature bu\A(tw . Sr?G ?S Print your name 91a;n a; Attorney for IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, NO. 05-4763 Civil Tenn Plaintiff VS. CIVIL ACTION - LAW TODSHEDLOSKY Defendant CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, do hereby certify that I served a copy of Plaintiffs Praecipe to List Case for Argument, upon Defendant's Counsel, by First Class Mail, Postage Pre-Paid, a copy thereof on this t day of May, 2006, to: HILLARY A. DEAN, ESQUIRE MARTSON DEARDORFF WILLIAMS & OTTO 10 EAST HIGH STREET CARLISLE, PA 17013 Q e-L _?? Amy F. Doyle #8742 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`' Floor Camp Hill, PA 17011 (717) 303-6700 W&A # 108600147 N Q Sy -c r 7 P'' 7 U3 73 F.TILMDATAFILMCG aPCur t%M 61Wal/tde Crewed 6/15/06 3:48PM Rcvieed'. 6/30/06 9:N4 Hillary A. Dean, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 92878 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant MBNA AMERICA BANK, N.A. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-4763 CIVIL TERM TODSHEDLOSKY Defendant CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please make the deposition transcript dated January 11, 2006, ofDefendant, Tod Shedlosky, part of the record in this matter. MARTSON DEARDORFF WILLIAMS & OTTO BY a _ Y/1 V Ylillary A. Dean, uire 10 East High Stre Carlisle, PA 17013 (717) 243-3341 Date: June 30, 2006 Attorneys for Defendant CERTIFICATE OF SERVICE 1, TriciaD. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that acopyofthe foregoing Praecipe was servedthis date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Andrew C. Spears, Esquire WOLPOFF & ABRAMSON, LLP 4660 Trindle Road, 3`a Floor Camp Hill, PA 17011 MARTSON DEARDORFF WILLIAMS & OTTO B ' ?Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 30, 2006 1 ?a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 00 25 MBNA AMERICA BANK, N.A.,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 05-4763 CIVIL TERM TOD SHEDLOSKY, Defendant. CIVIL ACTION - LAW ORIGINAL, DEPOSITION OF: TOD G. SHEDLOSKY TAKEN BY: Defendant BEFORE: DATE: PLACE: APPEARANCES: Amy R. Fritz, R.P.R. Notary Public January 11, 2006, 9:05 a.m. Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, Pennsylvania WOLPOFF & ABRAMSON, L.L.P. BY: ANDREW C. SPEARS, ESQUIRE FOR - PLAINTIFF MARTSON, DEARDORFF, WILLIAMS & OTTO BY: HILLARY A. DEAN, ESQUIRE FOR - DEFENDANT Reporting Services 57 • 717-258-3657 • 717-258-0383fax courtreporters4u@aol.com 2 1 2 3 4 5 6 7 8 9 10 11 12 • 13 14 15 16 17 18 19 20 21 22 23 24 . 25 INDEX TO TESTIMONY DEPONENT EXAMINATION PAGE Tod G. Shedlosky By Ms. Dean 3,32 By Mr. Spears 8,35 INDEX TO EXHIBITS NO. DESCRIPTION PAGE 1 MBNA monthly statements 11 2 Letter dated 09/10/04 15 3 Credit card agreement 19 4 Arbitration claim 25 5 Request for extension letter 26 6 Certification of records 29 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATION It is hereby stipulated by and between the respective parties that signing, sealing, certification and filing are waived; and that all objections except as to the form of the question are reserved until the time of trial. TOD G. SHEDLOSKY, called as a witness, being duly sworn, was examined and testified as follows: EXAMINATION BY MS. DEAN: Q. Good morning, Tod. A. Good morning. Q. Before we start getting to the crux of the questions, I'm going to ask you a couple of introductory questions. First of all, have you ever been deposed, or have you ever testified before? A. I've been deposed years ago. Q. Okay. And what setting was that, in what regard? A. I don't recall. Q. Do you understand that today you're testifying under oath so that you are to tell the truth at this deposition? 4 0 u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I understand. Q. And the court reporter is going to take down everything you're saying and I'm saying so it's important to have all your responses be oral. Do you understand? A. I understand. Q. And if you ever need a break during the deposition, you can ask for a break and we'll be happy to give you the break. Do you understand? A. I understand. Q. Also, if you could just listen to the entire question before you answer the question. That way the court reporter doesn't have to record two people talking at the same time. A. I understand. Q. And so if you don't understand a question, you'll ask that the question be repeated; that way we can repeat the question so that you will understand it. Okay? A. I understand. Q. And so if you do answer a question, we can basically take that you are answering the question truthfully, correct? A. That's correct. Q. And have you taken anything this morning that would impair your ability to testify truthfully? A. No. 5 L_ 11 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Could you state your full name for me? A. Todd G. Shedlosky. Q. And where do you currently reside? A. 6346 North Powderhorn Road in Mechanicsburg, Pennsylvania. Q. What is your current employment, Tod? A. I'm a real estate agent with Straub & Associates. Q. What about former employment? A. I was president of Micro Enterprises, Incorporated. Q. And what kind of business is Micro Enterprises, Incorporated? A. It was a computer consulting company. Q. And at what time did you finish your work with Micro Enterprises and begin your employment as a real estate agent? A. A year ago I started in employment with Straub & Associates, November of 2004, and I ceased operations with the company a year previous to that. Q. At this time, or ever, have you ever owned or operated a credit card company? A. No. Q. Have you ever worked for a credit card company? A. No. 6 I• • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Have you ever worked for a bank? A. No. Q. Have you ever worked for MBNA? A. No. Q. Have you ever worked for a dispute resolution or arbitration firm? A. No. Q. Do you remember receiving this document which is the credit card agreement of terms and conditions? You can look at it if you'd like. A. I received this copy upon notice of the final arbitration award. Q. So when you signed up for the MBNA credit card, were you aware of the arbitration agreement contained in this credit card agreement? A. No. Q. Were you aware that you had to request the arbitration rules either from the Internet or from the office in Minnesota? A. No. Q. Have you ever had a credit card agreement before in which you had to obtain the arbitration rules from the Internet or other method? MR. SPEARS: I'm just going to object to the form. 7 I• I40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. DEAN: Q. You can answer. A. No. Q. Were you ever given a copy of this document which is the National Arbitration Forums Code of Procedure? A. No. Q. Have you ever seen that document before today? A. No. Q. You stated that you received the credit card agreement when? I'm sorry. A. I received this copy upon the receipt of the arbitration award. Q. Okay. So did you receive this before you used your credit card? A. No. Q. Did you know where an arbitration could occur when you signed up for an MBNA credit card? A. No, I was not aware of that. Q. Did you know anything about the arbitration clause when you signed up for the MBNA credit card? A. No. Q. Did you receive this document which is the National Arbitration Forum's Final Award, or, actually, just Award? A. I did receive that. 8 I• I• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. How did you receive that document? A. U.S. mail. Q. Would you have agreed to sign up for an MBNA credit card if you knew at the time, if you knew what this -- scratch that. Would you have agreed to sign up for an MBNA card if you knew what the arbitration clause stated? A. No, I would not have. MS. DEAN: I don't have anything else. EXAMINATION BY MR. SPEARS: Q. Good morning, Mr. Shedlosky. A. Good morning. Q. How are you? A. Very good. Thank you. Q. I'd just ask that the same questions that your counsel asked you in the beginning would apply here, especially if -- I speak very quickly. So if you don't understand it, please just tell me and I'll rephrase it or speak slower. A. I understand. Q. If I could just trace your background and your employment history a little bit because I was a little bit confused. You said that you currently work for Straub & Associates? 9 • I• I0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. That's correct. Q. And you worked there since November of '04? A. Let me get my dates here straight. It's been a year, so, yes. Q. I was a little confused. I think, didn't you say something about there's a year -- is there a year gap between employers? Is that what you meant? A. That's correct, previous to that. Q. So your previous employer was Micro Enterprises? A. That's correct. Q. You took a year off for whatever reason and then you went with Straub? A. That's correct. Q. As far as your employment history, what is your background and skills? A. I had the Micro Enterprises for 18 years, and it was a computer company based in Camp Hill, Pennsylvania. Q. When you say computer company, what type of work did you do? A. Hardware integration, network services. Q. Now, were you ever issued an account by MBNA America Bank? A. Could you rephrase that question? Q. Sure. Did you apply for a credit card account with MBNA? 10 • I• I9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I'm unaware of how I applied for the card. Q. That's fine. That's not what I asked, though. Did you apply? Yes, you applied? A. I am not sure I applied or not for the card. Q. However, you received an account from MBNA Bank? A. Obviously so based on the arbitration situation. Q. Are you aware of when that account was issued? A. Unaware of when that account was issued. Q. If I were to tell you February 12th, 2001, would that sound familiar? A. That does not sound familiar. Q. Would that be in the right time frame? A. I have not received a copy of the application for credit, so I'm unfamiliar about what card you're -- Q. Okay. So it's your testimony that you've never filled out an application for any kind of credit card account with MBNA. Is that correct? A. To this date, I don't have a copy or I'm unaware of that. Q. You're answering two different questions. Is it your contention that you've never filled out an application? Not that you've never been provided with an application, but you've never filled out one? A. Based on my knowledge, that would be acceptable, yes. 11 U • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. So, yes, you've never filled out an application, is what you're saying? A. I don't recall filling out an application, yes, sir. Q. Do you recall ever using an MBNA account? A. I don't recall specifically using the MBNA account. MR. SPEARS: I'm going to mark these. (Shedlosky Exhibit No. 1 was marked.) BY MR. SPEARS: Q. Let me know when you've had a chance to glance at that. A. (Perusing document.) Would it be appropriate to either go off line so I can talk to my counsel about this? MR. SPEARS: Sure, absolutely. Let's go off the record. (Deponent conferring with Counsel outside of deposition room.) BY MR. SPEARS: Q. Did you get a chance to look over those things? A. Yes. Q. Are you familiar with what they are as far as being statements to a credit card account? A. By looking at these, right, correct. 12 i I• 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Thank you. Now, the statements that you have that are marked as Shedlosky 1, can you tell me who they're addressed to? A. They are addressed to Tod Shedlosky. Q. And the address listed there is 6346 North Powderhorn Road. Is that the address you just identified as your current address? A. Yes, sir. Q. Now, you see the first page of this exhibit where it indicates where on -- excuse me, indicates that a direct deposit balance transfer was made? A. Yes, sir. Q. Now, did you request this balance transfer? A. I do not recall requesting that transfer. Q. Was the transfer made on an account that you owned? A. I don't recall that. Q. You don't recall whether you owned an account that was transferred, or you don't recall that you -- A. Yes, sir. I don't recall the transfer, itself. Q. What about if you look at the account number there where it was transferred from, you see what I'm talking about under transactions? It says 532943. Is that your -- A. Can you point that out to me? 13 I• I• u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Sure. It's right there. A. Right. The first line? Q. Yes. Is that an account that you're familiar with? A. It looks like a credit card number. Q. Right. A. But I'm unfamiliar with it specifically. Q. And then next to it it has a designation MC, which stands for MasterCard. A. MasterCard; yes, I understand that. Q. Now, would that be an account that you are familiar with or that you would own? A. Not to my recollection. Q. So it's your testimony today that you did not use this account to transfer a balance owed on another account owned by you? A. I don't specifically recall this date of this transaction and that specific amount, the $29,960. Q. So are you denying that a direct deposit transfer was made? A. I am not denying. I'm disputing it based on my recollection and what is evident here in this report. Q. Now, did you ever make payments on this account? A. I recall making payments through the debt collection company when this was assigned. 14 I• I• 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. When you say debt collection company, what do you mean by that? A. Well, Wolpoff & Abramson was a debt collection company that was -- Q. You mean you paid to my firm? A. Yeah. I remember making payments there. Q. If you flip to, like, the next statement, for example, dated August 5th, 2002, you see an express payment was made of $55? A. I'm sorry. It's just the papers got shuffled. Here it is, yes. Q. Did you make that payment? A. I do not recall making that payment. Q. But it's your testimony, I believe you just stated that you did, in fact, at some point make payments on this account; however, it was to my office and not MBNA? A. That's correct. Q. If you don't recall opening this account and you don't recall the request of a balance transfer, why did you make payments on the account? A. I had numerous credit card collection companies, and when I received a collection card notice from a collector, it usually just made the minimum payments due. Q. But you are claiming that you don't remember opening this account? 15 I• I• 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. That is correct. Q. Yet you still made payments on the account? A. Through the credit collection company. THE DEPONENT: Can we go off the record for a question for Hilary? MR. SPEARS: You have a question for her? THE DEPONENT: Yeah. Just right now. MR. SPEARS: That's fine. (Discussion held off the record.) (Shedlosky Exhibit No. 2 was marked.) BY MR. SPEARS: Q. Have you had a chance to look at what's been identified as Shedlosky Exhibit 2? A. Yes, I have. Q. Now, would it be fair to say that's a letter written by you to my office? A. That is to Wolpoff & Abramson, correct. Q. And in that are you offering to settle the account we're speaking of? A. This is a form letter that I sent out to numerous creditors and collection companies based on willingness to settle any debts that I had based on the numerous volume that I had. Q. That wasn't in answer to my question. My question was, is this a letter to my office offering to 16 I• I• u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 settle this account? A. It was a -- yes, correct. It was a letter to you, to Wolpoff & Abramson, based on this file number. Q. Which I can tell you corresponds with this account. A. If that's -- Q. For the purposes of settling this account, is the remainder of my question. A. If this file number was related to this account you're referring to, then, yes. Q. Yes. A. Yes, that that was -- obviously there was a settlement amount at that time for $2,000. Q. So you were offering to settle this account for $2,000 in this letter? A. If this file number 108600147 is related to the arbitration case, then, yes, it was a blanket offer that I made to not only this creditor, but numerous other creditors. Q. And it's signed by you? A. Correct. Q. So, again, we have -- in this case, you have made payments on this account, correct? A. I made payments to the credit card collection company. 17 U I• L J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Right. I didn't ask where you made payments. I said you made payments on this account, correct? A. I made payments to the Wolpoff & Abramson. Q. Again, I'm not asking you where you made payments. I'm asking you did you make payments on this account? A. To my knowledge, I wasn't sure which account it was being credited to. All I was aware of is making payments to Wolpoff & Abramson, the credit collection company. Q. So you weren't aware of whether you were making payments to it, you're saying? A. I was aware I was making them to Wolpoff & Abramson. Q. Are you in the practice of generally just sending out checks, payments, and not knowing what account they are to? A. Most likely when they come from a credit collection company, I make it a point to make a minimum payment. Q. Did you ever send a letter to my office or to MBNA inquiring what account this was? A. I most likely did based on not having the original paperwork and application. Q. Do you have a copy of this letter? 18 • I• E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Not to my knowledge. Q. Not to your knowledge you don't have a copy? A. No, sir. The only copy I have that I recall is this letter that you have that I submitted. Q. But in that letter you are not disputing the existence of the account, correct? A. The Wolpoff & Abramson account? Q. The account is not issued by Wolpoff & Abramson. The account would be issued by MBNA. A. I'm aware of the situation with MBNA and the arbitration award. But in terms of Wolpoff & Abramson, it's obvious that you are representing MBNA. Q. Exactly, yes. A. Definitely, yes. Q. But you did not dispute the MBNA account with my office, correct? A. Not to my recollection. Q. Thank you. Now, if we could go back to Shedlosky Exhibit 1, the statements. And you can flip to, if they're still in order, I think it's the last statement dated May 5th, 2004. A. Yes, sir. Q. Do you see where it says there charge-off adjustment? A. Yes. 19 • I• i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. And what is the amount on the date of charge-off there? A. $34,492.85. Q. Now, prior to the balance being transferred on this account, I believe you testified before that you never received a credit card agreement. Is that correct? A. To my recollection, that's correct. Q. So you're not saying whether you received one or didn't receive one; you're saying you don't remember? A. That's correct. (Shedlosky Exhibit No. 3 was marked.) BY MR. SPEARS: Q. And I believe your testimony was you did not receive this document until you received arbitration award. Is that correct? A. The final arbitration award, correct. Q. Well, can you look at this document I've handed you? It's entitled Credit Card Agreement, Additional Terms and Conditions. A. Yes, sir. Q. Could you please go to the section titled Arbitration and Litigation? I think it's the fourth page in the bottom left corner. A. I'm there. Q. Now, can you go to the second paragraph, and can 20 I• I• 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you just read that for me real quick? You see where I'm talking about? It starts, any claim or dispute. A. Any claim or dispute -- I'm reading it off the form you've just submitted to me. Any claim or dispute claimed by either you or us against the other or against the employees, agents or assigns of the other arising from or relating in any way to this agreement or any prior agreement on your account whether under statute, in contract, tort, or, otherwise, and for money, damages, penalty, other declaratory or equitable relief including claims regarding the applicability of this arbitration and litigation section or the validity of the entire agreement or any prior agreement shall be resolved by binding arbitration. Q. Thank you. Now, if I could point your attention to the very next sentence where it says, The arbitration shall be conducted by the National Arbitration Forum under the Code of Procedure in effect at the time the claim is filed. Do you see that sentence? A. Yes, sir. Q. Did I accurately recite that? A. Yes, you did. Q. Is this the first time you've seen this provision and this specific language regarding arbitration? A. Yes, that's correct. 21 I• I• 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Based on your reading it today, do you understand what that language is stating? A. Not entirely. Q. Well, what's your understanding of it? A. My understanding is that if there's a claim dispute that an arbitration association would be involved. Q. So do you see where -- you see in the paragraph you read out loud where it says essentially any disputes by either parties shall be resolved by binding arbitration? A. Yes. Q. Now, does that, to your understanding, mean that whether you defaulted on the account or whether you had a claim against MBNA, that would be resolved by arbitration? A. I was unaware of that. Q. I wasn't asking whether you were aware. I'm asking today, reading this, do you understand that that's what it means? A. Yes. Q. Thank you. And also looking at the third paragraph where it says, The arbitration shall be conducted by the National Arbitration Forum, do you understand that that's a private arbitration organization? A. Yes. Q. Then you see in the same section the third paragraph where it indicates that the Rules of Procedure of 22 I• I• 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the NAF will be applied? A. Yes. Q. Also in that section does it tell you how you can contact the NAF and how you can request a copy of their procedure? A. I see that on this form, yes. Q. What does it say, if you don't mind? A. It says, Claims may be filed in any arbitration forum office, www.arb-forum.com, or P.O. Box 50191, Minneapolis, Minnesota, 55405; telephone number, 1-800-474-2371. Q. Thank you. So if you had to contact the National Arbitration Forum, would you be able to do so based on what you're looking at today? A. Based on what I'm looking at today, yes. Q. Now, at some point -- I'm jumping around a little bit, but I'll come back to this. At some point, did you stop making payments on this account? A. Most likely based on the arbitration award notice I received. Q. Do you remember making recent payments on this account? A. No, I do not. Q. Do you have any recollection when the last payment you would have sent to my office would be? 23 I• • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I have really no idea. Q. That's fine. Do you know why you would have stopped making payments on the account? A. I have no idea there either. Q. So there's no particular outside reason why you would have stopped making payments? A. That's correct. Q. Now, at some point did you ever join, or, I guess, pay fees to any kind of credit counseling service or anything l ike that? A. I do recall years ago, a few years ago. Q. Do you remember who that was? A. It was a company based out of Florida. Q. Did you ever pay them any money to make payments on account s? A. I may have made one payment to them. Q. Do you know what accounts they were supposed to cover for you? A. One I specifically remember was a Bank of -- Q. Bank of America? A. Bank of America card. Q. So you don't remember whether this MBNA account was one of them? A. I do not recall. Q. And the only reason -- again, sorry to jump 24 I• 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 around. The only reason I'm asking is because the statements I've provided you have some payments listed as vender payments, which either mean that they could come from my office to MBNA or they could have come from a credit counseling. I'm just trying to shore up whether all the payments were properly credited. A. I understand. Q. And you don't remember the name of the service? A. I do not. Q. Now, based on your understanding, when the payments were ceased on this account, it would then go into default. Is that correct? A. I was unaware of that. Q. But you understand generally what happens with a credit card, that if you stop making payments it will go into default? A. Yes, sir. Q. And now that after we've read it today, do you understand that if this particular account were to go into default, any kind of claim regarding default would be submitted to NAF? A. Upon reading this document today and understanding that the facts as they are today, yeah, I would agree with that. Q. Thank you. Now, around November of 2004 did you 25 li I• u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ever receive a copy of the arbitration notice and claim filed by my office on behalf of MBNA? A. I do recall that, yes. (Shedlosky Exhibit No. 4 was marked.) BY MR. SPEARS: Q. Did you have a chance to look over what I've handed you as Shedlosky 4? A. Yes. Q. And this is marked on the top, In The National Arbitration Forum Claim. Does this look like a claim that you received in November of '04? A. Yes. Q. And so you're familiar with these documents because you've seen them before? A. Yes. Q. And the signature on the fourth page, which would be a copy of the signature card, is that your signature? A. That is my signature, yes. Q. So it looks like you would have signed for this on November 2nd, 2004? A. That's correct. Q. Now, if you turn to the third page of this exhibit which is headed Notice of Arbitration, do you see what I'm referring to? 26 I• 0 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. Yes, sir. Q. Does that indicate how you can contact the National Arbitration Forum? A. Yes. Q. So would it be fair to say that in November of 2004 you would have known how to contact the National Arbitration Forum? A. Yes. Q. Did you, in fact, contact them regarding this claim? A. I believe I did dispute it or made a letter to that effect. MR. SPEARS: We'll have that marked as Shedlosky 5, please. (Shedlosky Exhibit No. 5 was marked.) BY MR. SPEARS: Q. Did you get a chance to look at the exhibit marked Shedlosky 5? A. Yes. Q. And does this look to be the letter you would have sent to the National Arbitration Forum? A. That is correct. Q. And it's dated December 14th, 2004? A. That's correct. Q. And you're asking for an extension to continue 27 I• I• 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this case to seek the advice of an attorney to handle this claim? A. That's correct. Q. Anywhere in that letter did you dispute this claim or dispute this account? A. By me asking for an extension, I believe I was under the impression that I would be disputing it. Q. Well, that's not what I asked you. I asked you anywhere in this letter does it state that you dispute this account? A. No. Q. And the second page of this exhibit, does that look like the response you got from the National Arbitration Forum? A. Yes, sir. Q. So it would be fair to say based upon the Exhibit 4 and this Exhibit 5 that you knew how to contact the National Arbitration Forum in November of 2004? A. That is correct. Q. And notwithstanding what you believe this letter stood for, did you ever file a specific objection to this claim with the NAF? A. To my recollection, this most likely is the only objection that I had other than I believe after I received the final arbitration notice, I wrote another letter. 28 I• I• 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Do you have a copy of that letter today? A. Do not have it. Q. And besides this letter, did you ever file any other response to the arbitration claim, itself? Did you attempt to -- I can rephrase it. Did you attempt to answer the arbitration claim? A. Not to my recollection. Q. Did you ever request a participatory hearing with NAF? A. No. Q. If we can go back to Shedlosky 4 which is the arbitration claim, the third page, please, which is headed Notice of Arbitration. Do you see where it starts, You have a number of options at this time? A. Yes, sir. Q. Do you see the three options listed there? A. Yes. Q. Could you read just the headings of all three for me, please? A. Submit a written response to the claim, demand a document hearing or participatory hearing, have other options. Q. So is it fair to say reading this document that it tells you exactly how to demand a participatory hearing? A. (Perusing document.) Yes, I see that. 29 I• I• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. And also looking at that paragraph 2 where it says demand a document hearing or participatory hearing, do you see the section where it says, An In-person Participatory Hearing will be held in the judicial district where you reside or do business? A. Yes, I see that. Q. So you would have had knowledge of this in November of 2004 as well then? A. I'm trying to determine the date of this document, which was November of '04, if I received it. Yes, that would be correct. Q. Okay. Now, I'm just going to turn to the arbitration proceeding, itself, now. I think you said you did receive a copy of the arb award which was entered on January 18th of '05, right? A. The final award, correct. (Shedlosky Exhibit No. 6 was marked.) BY MR. SPEARS: Q. Now, the first payment of this Exhibit Shedlosky 6 is a little different than what you would have received because I requested a certified copy for today's proceedings. But if you'd just look at the second part which is the award, itself, is that the award that you received? A. That is correct. 30 I• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. And is that award, what is the date of that award, if you don't mind? A. January 18th, 2005. Q. Thank you. And the address and your name, everything is correct on that award? A. That is correct. Q. Thank you. And I believe you said when you received this award you filed some sort of letter of response to NAF? A. No. This specifically I believe I forwarded to my attorney. Q. So you never contacted the NAF when you received this award? A. That is correct. Q. So it would be fair to say that you never sent them any kind of letter saying you objected to the entry of this award or anything like that? A. That's correct. Q. So in general just to summarize here, are you admitting that an account was issued in your name? A. No, I am not, based on I do not have the original application or -- Q. Again, that's not what I'm asking. Was an account issued in your name? I'm not asking whether you had the application; I'm asking whether there was an 31 • It r 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 account issued by MBNA America Bank in your name. A. It either could have been in my name or my company name, Micro Enterprises. Q. But you've had a chance to review the statements on this particular account, correct? A. The ones that I received here today? Q. Absolutely. A. I've reviewed them today, yes. Q. And what name is listed on those statements? A. Tod Shedlosky. Q. And from reviewing those statements today, was there a balance transfer made on that account? A. Yes. Q. And were there payments made on that account? A. Yes. Q. And is your testimony, as I understand it, that prior to the issuance of this account you never received a credit card agreement in the mail? A. To my recollection, I never did receive a credit card agreement in the mail. Q. So you're saying you don't know whether you received one or you didn't receive one; you simply don't remember? A. That's correct. Q. And it's your testimony today that today is the 32 LJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 first time that you've ever seen a credit card agreement? Scratch that. You've already said that you saw it before. Is today the first time you've looked at the arbitration and litigation A. That is correct, yes. Q. Prior to today, were you aware that that particular provision existed in the agreement? A. I was unaware of that. Q. But you would agree based on the agreement today that there is a provision titled Arbitration and Litigation? A. Based on the paperwork I received today, yes. Q. And I think we went through, and would you agree that the provision requires any disputes be submitted to NAF? A. I would understand that to be the case. MR. SPEARS: Thank you. I have nothing further. MS. DEAN: I just have a couple. EXAMINATION BY MS. DEAN: Q. In regard to Shedlosky 1, Tod, did you receive any of the statements as they are here before you today in the mail? A. I did not receive -- I do not recall receiving any of these statements in the mail. 33 0 \J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Have you ever seen them before today? A. I have not. Q. If you go to the last page of the document, what's the address on that document? A. Tod Shedlosky, P.O. Box 15026, Wilmington, Delaware; zip code, 19850. Q. Did you ever reside in Wilmington, Delaware? A. No, I have not. Q. Do you have a P.O. Box in Wilmington, Delaware? A. No, I do not. Q. In regard to Shedlosky 5, I believe you testified -- or scratch that. Did you send this, first, the letter on top, the letter of December 14th, to the Forum? Did you mail this letter? A. I recall mailing the letter, yes. Q. Why did you send this letter? A. I believe I sent it to Wolpoff & Abramson. Q. Why did you send the letter? A. Disputing the arbitration proceedings and asking for an ext ension so I could locate an attorney to handle the case. Q. And at some point after that, did you contact our office ? A. Yes. 34 F • L J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Do you know how long it was before you contacted our office? A. I do not recall. Q. In the credit card agreement which is Shedlosky 3 -- I showed it to you before as well -- you read some material under the Arbitration and Litigation section? A. Yes. Q. You read that out loud. Did you ever read that before today? A. No. Q. Did you receive this at any time before the final award? A. No. Q. Did you read this language or know about this language when you used your MBNA account? A. I was unaware of that. Q. Do you know what an arbitration is? A. Yes. Generally I'm aware of that. Q. And another question I have for you is, you were shown Shedlosky 4 which is the document which has some of the account information and it says In The National Arbitration Forum on top? A. Yes. Q. On the third page, Counsel asked you about your options, and you read three options out loud. Do you 35 C L J 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 remember that? A. Yes. Q. The second one says, Demand a document hearing or a participatory hearing. Do you know what a participatory hearing is? A. I do not. Q. Did you know before today what a participatory hearing was? A. I was not aware of that. Q. And at this point today you still don't know what a participatory hearing is? A. That's correct. Q. I'm jumping around too, Tod, and I'm sorry. You also said before that you had signed up for a credit counseling service in Florida? A. Yes. Q. Do you know when you signed up for that credit counseling service? A. Late 2001. Q. I just wanted to clarify. I don't think I caught that testimony before. MS. DEAN: That's it. That's all I have. MR. SPEARS: I'll just follow up with a few. EXAMINATION BY MR. SPEARS: 36 0 ??J u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. If we can turn back to the Shedlosky 1 which is the statements. First page, the address listed on that, is that your current address? A. That is correct. Q. Can we go to the second to the last page, please? A. Yes, sir. Q. What's the address on that statement? A. 6346 North Powderhorn Road, Mechanicsburg. Q. And is that your still your current address? A. That's correct. Q. And that was your address in 2004? A. Yes. Q. Is it your testimony that you've never received these statements? A. That is correct. Q. Did you ever receive an MBNA credit card? A. I do recall receiving an MBNA credit card. Q. Do you recall whether you ever activated or used that card? A. I don't recall. Q. Do you recall ever signing the back of the credit card? A. I do not recall that. Q. Do you recall what type of card it was? And 37 11 u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 when I say that, as you're probably familiar, MBNA has different kinds. Did it have any kind of logo or team? A. I don't recall any specifics about the card. Q. Now, if you could also turn to the credit card agreement, please. Just conflicting testimony a little bit. Your testimony to me regarding your receipt of this credit card agreement was not that you did not receive it, but that you cannot recall whether you received it or not. Is that correct? A. That's correct. Q. But when Counsel just asked you whether you ever received it before the final arbitration award, you said, no, I've never received it. A. I received -- could you rephrase the question, please? Q. Absolutely. Is it your testimony today that you did not receive the credit card agreement, or is it your testimony that you do not recall receiving the credit card agreement? A. My testimony would indicate that I would recall receiving such an agreement if I had recollection of signing the agreement and the standard credit card, and I don't recall or have receipt of a signed credit card agreement. Q. Okay. That's a confusing answer. We're talking 38 L7 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 about two different things now. You're talking about an application, and I'm talking about the credit card agreement. Before you testified in response to my question that it was your testimony that you do not recall receiving the credit card agreement when the account was issued. A. That's correct. I do not recall receiving a credit card agreement. Q. So you're not testifying here today that you did or did not receive the agreement? A. I do not recall receiving the agreement. Q. And that was my point. Your testimony is simply that you do not recall, so you don't know? A. That's correct. Q. All right. Thank you. Now, if we could also turn to the arbitration claim which is Shedlosky 4 on that third page again? A. Yes. Q. And this section your counsel just questioned you on, number 2, demanding a document or a participatory hearing, I believe you just testified that you don't know what a participatory hearing is. Is that correct? A. That's correct. Q. Generally, do you know what a hearing is? A. Yes. 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 15 2C 2] 2'? 2- 22 2 ` MR. SPEARS: I have nothing further. MS. DEAN: I have nothing else. (The deposition concluded at 10:00 a.m.) 40 U It E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) I, AMY R. FRITZ, R.P.R., a Court Reporter-Notary Public authorized to administer oaths and take depositions in the trial of causes, and having an office in Carlisle, Pennsylvania, do hereby certify that the foregoing is the testimony of TOD G. SHEDLOSKY. I further certify that before the taking of said deposition the witness was duly sworn; that the questions and answers were taken down stenotype by the said Reporter-Notary, approved and agreed to, and afterwards reduced to computer printout under the direction of said Reporter. I further certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the within deposition, and that this copy is a correct transcript of the same. In testimony whereof, I have hereunto inscribed my hand this 19th day of January, 2006. NOTARIAL SEAL Notary P lic Amy R. Fritz, Notary Public City of Carlisle, Cumberland County My commission expires February 9, 2006 0 12/27/2005 13:17 MBNR_DEBT_MGMT i 912403863841 N0.978 P004 ACCDUNrMN6tR MBNA Platinum Plus $490 9947 4640 9549 PAYAJENr Dll DATE 1&V@ALAF=T AL 07/07/02 ;30,212.50 TOTAIMINNUP1 PAYM Mak. ekce CARDHOLDER SINCE 2001 ;55.00 Marble MBNA AMERICA 07 P.O. BOX 16019 H WILMINGTON, OE 19886-5019 TOD SHEDLOSKY 6346 N PONDERHORN RD MECHANICSBURG PA 17050-830546 S ODOOOODOOOOOOOOOOODOODOOOOD0o000O00OU3021250000056000005490994146403549 S OOOOOOOODOOOOOOOOD000000ODOOODDOMOOM02125000D055O00005490994746409549 ryya?A? ACCOIA9f yAAAEER cAtORI# CAMI eMCNmIf AVALAMd G?TCIaEN ra.OS41DDATa PAYMINfNIX1EM PAYMENfPK GATE 9549 5490 ,000 .OO 1 - 6 Poif NS Y s T SACr10Ne CHARGES CREDrrSLcR1 ATE H AHRINILL 7 0528 0526 53294313453607132398728 MC A DIRECT DEPOSIT BALANCE TRANSFER 29,960.00 0528 0528 53294313463607132398728 NC A BALANCE TRANSFER TRANSACTION FEE 40.00 PURCHASES AND ADJUSTMENTS 0606 0606 002500000095001 C CREDIT PROTECTION FEE @ .8500 PER 100 212.50 TOTAL FOR BILLING CYCLE FROM 5/0712002 THROUGH 6/0612002 $30,212-50 $.00 YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS IMPORTANT VISIT WWW:NBNAAUTO.COKIMS TD LEARN HOW MUCH YOU COULD SAYE NEM ON YOUR AUTO INSURANCE. MAKE YOUR DEBTS DISAPPEAR. CALL I-ON-527-3621 AND MENTION PRIORITY CODE 4935. MOM OFFERS GREAT RATES FOR 1ST MORTGAGES & REFINANCING. CALL 1-877-688-8713. v PreNaus -Payments s e Ur l *Peiiedagate TrugaoUon Fee •yAw Balance as u un 6alanee;O'? andrCwb& Advances BAdjustuent g1Ar? pyyeq ow Current Payment $55.00 0 29 9 ? pu. 0 ; , 60.00 ;212.50 SO.00 $40.00 3o,272.60 Total Min Payment Due $55.00 NCE?aWaoEiGE91AE Peaodc Corr=(Ing Balance ego y Rue °1 A v H 1 Parae Rate ? M age C 9" FOR VOKAR SAYEFACTUM. EVERY MOM EVERYDAY A. BALANCE TRANSFER, CHECKS .000DOOk ELY 00.00% F ect Connect serAw, ay B. ATN, BANK.. . . . .. .0000004 DLY OO.OOk C. PURCHASES . .... . .0000004 DLY 00.004 T ?eaL?¢ oL?yr Lustomm 6+rhfacrwnrapM#matiws.aaS D. OTHER BALANCES.... . . .0000004 DLY OO.OOk $0.00 Y-8 U 0 - /tl lUl T I ?p I 6 lNpNG PERO . FgOyRTlpela elRaancns Deviop Fold* Doi() aseatanee, Cal G{ 1 604 -FY-r D0 3T 4 G / O y y , 1 6 - a C i l (lr'c1 Utli5 Periedi c?FRat?6 And*TYarsaCtl On lea Fi nanCe CharyBa) y N e . & ri d w tly e r w 6 y urilgn:.ryWN, MaAbEtVinquojes y,1 C? m a r g y K n y Y h ? ? : 9eaY ANO MNOT AN OfaacNL OANED9ouMFM.TMS DpPT NMOf AN Pi N9dP) G1c14A Y.V. eV.pl15026 IXA4T OUMCATE AN9NNY MCR MCLIAlE M44SAG[Y VIyCNAPPEARW PAGE 1 OF 1 WILMINGTON, BE 19850-5026 LIM dRAlRNEN46LOCapNYWR CFIK NAAI PEWIXG a ATM%*79. EXHIBIT ?l I 12/27/2005 13:17 MHNF_DEHT_MGMT 4 912403663841 E N0.978 0005 MBNA Platinum Plus wkk• d CARDHOLDER SINCE 2001 W Wt t• MBNA AMERICA 07 P 0 BOX 1 ACCOUNT rmA@Fp F 5490 9947 4640 9549 PA CUE BATE MEVNA CETOCAL 06/05/02 9,960.00 A NG10 ;15.00 5019 WILMINGTON, OE 19886-5019 TOO SHEDLOSKY 6346 M POWDERHORN RD 14ECHANICSBUPA PA 17050-830546 S 00300000D00300000000D00000000000000002996000000018000005s90994746409549 S 000021250D00000000000000000BOODD0000D299500000DO15000005490994746409649 H 0519 0619 MC CRED PROT FEE REFUND 212.60 CR 0708 18999985551 NC EXPRESS PAYMENT - THANK YOU 55,00 CR PURCHASES AND ADJUSTMENTS 0708 0708 189AJG29828 MC C EXPRESS PAYMENT CHECK FEE 15.00 TOTAL FOR BILLING CYCLE FROM 610712002 THROUGH 7/08/2002 $15.00 $267.50 CR IMPORTANT VISIT WNW.NBNAAUTO.CON/MS TO LEARN HOW MUCH YOU COULD SAVE NEWS ON YOUR AUTO INSURANCE. MAKE YOUR DEBTS DISAPPEAR. CALL 1-800427-3521 AND MENTION PRIORITY CODE R93S. MBNA OFFERS GREAT RATES FOR AST MORTGAGES S REFINANCING, CALL 1-877-668-8713. CONE TO THE APPLE STORE FOR EDUCATION AT W4M.APPLE.COM, OR CALL 2-800-MY-APPLE TO TAKE ADVANTAGE OF OUR SPECIAL BACK-TO-SCHOOL PROMOTIONS. .60 I AdvancS0.00I BAdjuft 15. mm?s?y, S i 5 S2o4 960.00 IlTotalnMi Min Payment Due A. BALANCE TRANSFER, CHECKS B. ATM, SAW, .. .. .000000% DLY OO.OO% C, PURCHASES . ,000OODW DLY 001004 D, OTHER BALANCES.. ... . .000000% OLY 00.004 $0.00 EONTMBLLWQPCn100 SEE ABOVE ANNUAL PERCENTAGE RATE.., AN PAGE 1 OF 1 FOR YOUR SAT IFACTION, WVMW MUR, EVERY UAY •F?r?syforrmoMOlroa Canneeeserace,oal T? /?tl9??7gDmf?wr Cusmmareatlafaelian repeezenGk+•s.wi •Ff N J141emanvMCxlonaOnrlc•ia U+•Oeal) asai.eaw•, wl • ?y5??5x?-i3sp}}?eS?l? ruM oN9 bi Wlmpn?q?mY Mai tilfn9 hgJjrin ?RA N1E????'15026 WILMINGTON, DE 19860-5025 12/27/2005 13:17 MBNA_DEBT_MGMT i 912403863841 • N0.978 D006 AccOtuarMxaB MBNA Platinum Plus 5490 9947 4Fi 9549 PAYMENT ME DATE OMANCYTOFAI 09 D6/02 $29,710.00 TOTAL&QWKINIPAIMM OIIE own Maledad CARDHOLDER SINCE 20O1 $15.00 party ZM MBNA AMERICA 07 P.O. BOX 16019 H WILMINGTON, DE IOWS-5019 TOO SHEDLOSKY 6346 N POWDERHORN RD MECHANICSBURG PA 17050-830546 S 00299450D002994500000000DOOOOOOOOWN29710000000161K10005490994746409549 S 00000150000000ISOOOOOOOODODOOOD0000002973000000615DOOD05490994745409549 ryM?M ACCOl1HTMk.E1FA CREDO cAms OR Av CN01f.C CLOVNUOAT 'ATNENf OUE PAYMEIROUtDATE 54 46 30, f2 -0 E TM CHAA CHI-Ti(m) GATE TE rAIMLM1b AMU [TS 0724 20558146467 MC PAYMENT - THANK YOU 250.00 CR TOTAL FOR BILLING CYCLE FROM 710912002 THROUGH 810612002 $,00 $250.00 CR IMPORTANT VISIT WWW.98NAAUTO.COM/MS TO LEARN NOW MUCH YOU COULD SAVE NEWS OM YOUR AUTO INSURANCE. MAKE YOUR DEBTS DISAPPEAR. CALL 1-800-527-3621 AND MENTION PRIORITY CODE 1493S. FIRMA OFFERS GREAT RATES FOR IST MORTGAGES R REFINANCING. CALL 1-877-688-6713. VISIT WWW.NBNASHOPSAFE.CON -- THE SAFEST WAY TO SHOP ONLINE. Ae M PreLiwc -Papnxas a5 * urC tf S +pKu,cePRate Trreaodon Fe "MB•N,smI ue 29 anC aedts AdYlnces BAdjustmn Al1CiOIN Dy,W= Amg Tgt??I Current Payment ;15.00 250 7 $ .00 $D.00 $0.00 $O. DO 0.00 ;Y9, 710.00 16tt1 Min Payment Due $]5.00 lYiNiylaawmE eC1EDULC PRx C-1 ? in9 Balance L;aLeBv r o Percquage Rare F.unnc h wg" FOUR YOUR QAT7bFACTMM, EVERY NOW EVERY DAY A. BALANCE TRANSFER, CHECKS .000D0(* OLY - OD.00% P aeACmneaaeruke, call B. ATM, BANK.... .... .9000OOk OILY 00.004 ? C. PURCHASES .. . ... . .0000064 DLY DO.OOk . T YD. OTHER BALANCES... . . 000ODOk DLY 00.004r $0.00 - CusMmn Saria(radon represemaUves,cal ?? 514 Y r T -34 wdcadwas Pesice for Un E4J) anlst iI. cal FCgTM BtLnD PFAIW SEE ABOVE F W W _ U O ANNUAL pERCpITA94 Ft11TE ... 6y wicum 6qd% MAR III&V iqulHn sa rv ed •&Nn9 rrfghMs mQWe on1S RW ? es r ? ¢ lt I ONLY ANOmm NOT AN OFFICIAL BANK OOCUMOO. YWf COPY m NUT AN matLA N7kK1lA Y.V. nVA 15026 ENACT DUPLICATE AAQ MAY NOT INOWCE MESSApa9 w9CHAPPEAR IN PAGE 1 OF 1 WILMINGTON, DE 19850-5026 TdE IMPORTANT NEVf Oink M YW PROWL PEROCM BTATEAENT, 12/27/2005 13:17 MBNR_DEBT_MGMT i 912403863841 N0.978 D007 NBNA Platinum Pius Wlr Aoh CARONOLDER SINCE 20DI NB r kw; MA AMERICA 07 oav 5490 9947 4640 9549 PAYMUIrMEDA WWBALANCETOrAL 10 06 02 $29,610.00 TOTAL PAYMENT UE $15.00 P.O. BOX 15019 WILMINGTON, DE 19886-5019 TOO SHEDLOSKY 6346 N POWDERNORN RD MECHANICSBURG PA 17050.830546 S 0029695000029695000000000000000000000296100000004D00005490994746409549 S ODDD0180000000150000D00000000000000002961DD000DOI5000005490994746409549 N 23161479516 MC PAYMENT - THANK YOU TOTAL FOR BILLING CYCLE FROM 8/07/2002 TSROUSN 9/07/2002 IFAPOR mT AN IMPORTANT AMENDMENT To YOUR ACCOUNT TERMS IS ENCLOSED. NEWS VISIT WWW.KBNAAUTO.COM/MS To LEARN HOW MUCH YOU COULD SAYE ON YOUR AUTO INSURANCE, MINA OFFERS GREAT RATES FOR 1ST MORTGAGES 6 REFINANCING. CALL 1-877-688-8713. VISIT ON.RBNASHOPSAFE.COM -- THE SAFEST WAY TO SHOP ONLINE. Advanecs $0,00 100.00 CR ;.00 $100,00 CR Tay Current Payment $29,630.00 Total Min Payment Due A. BALANCE TRANSFER, CHECKS .OOD000% DLY OD.ODt 8. ATM, BANK.. .. . .. . .0000061 DLY 00,00t C. PURCHASES . , . .0000001 DLY 00:001 D. OTHER BALANCES... .. . .000000% DLY 00,00% $0•DO ANZALPnFFSCERT KIraG atT40OA9ERATE... SEE ABOV AM94LiA E T1 DDCL~MACOPY OF AT4,121r. B FORYULIF105-M. ONLY AND ISFdr ANOFFLOML MNKDOCUM W. TO OOFr SNUr AN OtACr OI "TEAADMAYMXMUDEME9MEStl M,kPKMIN PAGE 1 OF 1 M MO(ICeaVf 1NY IY Ilrv „u vN IC Ild,rv,uMdn,y', m.1CM1S,w FOR VOW SATSFACTmM9, EVERY HMP, EVERY DAY , Frr8%afwa&*?eer Connect "nice, call •Tf W WCne9Ufour Customer SaWwOMrryresentat6xs,uI Fpr ?1 W?'WY 7 ns Device lot the Do."aasist w*. cab 1Giune Mh[s as praaerved uiY WI NrRLea mquYS Ma1WlkV ipuirias ivdcft Wlso26 WILMINGTON, DE 19850-5026 12272005 13:17 MBNA-DEBT_MGMT 4 912403863841 u NO.978 9008 M NIaNBER MBNA Platinum Plus 5490 9947 4640 9549 PAYNENFCLIEDA WEVBAIANOttUTA 11 Os 02 $29,610.00 TOrALAINW&WIPAYNIENT t%IE NT 0011Q10 Avr.ded CARDHOLDER SINCE 2001 ;15.00 L._.--?1 A MON AMERICA 07 P.O. BOK 15019 H WILMINGTON, DE 19686-5014 TOD SHEDLOSKY 6346 N POWDERHORN RD MECHANICSBURG PA 17060-830546 S 00295950000295950000000000D00000000002951000000015000005490994746409549 S OOOOOI500000001500OOOODOOODOCOOOOO00029530000D001500DO06490994746409549 AYSIM dJNr CAED CA4HONCRFFrr AVAILABLE CY= CLOSROD.ATE VATAnrt MX PAYAIENTDUHDATE W 9 0, , -02 Os NS CHARM CR Na (CR) MTE GATE NIAaIlIER e R VATMLMI? AMP M VftUltS 0925 26854099700 MG PAYMENT - THANK YOU 100.00 CR TOTAL FOR BILLING CYCLE FROM 910812002 THROUGH 1010712002 $.00 $100.00 CR IMPORTANT VISIT WWW,NBNASNOPSAFE.CDM -- THE SAFEST MAY TO SHOP ONLINE. NEWS VISIT WWW.MBNA.COM FOR DETAILS ABOUT ONLINE ACCOUNT ACCESS a VALUABLE SERVICES. vA IheKIONT -Paymoo +PNbdio 47 TunseelonFe •New1wance s un Hy.me andC Gv 6 }a Advances BAdjustment ND[ CE ONAN6C 7001 Currant Payment $15.00 l $29, 100.OD 10.00 $D100 $0.00 0. D. 529,510.00 Nin Payment Due $15.00 Tota LCesCxEau PeHOa•D Cares•POndn9 EW Y Rate RONaI Wljectt0 Pere o, Rate Fn CAarges FOR YOUR 8'ATIGFACTNINL EVERY HOIR1, EVERY OAY A. BALANCE TRANSFER, CHECKS 100000% DLY 00.00E r re•L Canned"P*e cA ' 8. ATM, BANK.. . . ... . .000000E DLY 00.00% - Ye9-6tilfb C. PURCHASES . . . . . . . . .0000004 OLY 00:00% T wCustomer BadziactinnrepeseMatlces,caH 0. OTHER BALANCES.... .. .000000% DLY 00:00% $O.DO f-X81-L'?Q"-$969 FORTMSBEL POam st NO SEE ABOVE 'F?rT ?urveadons OeVkefa ehvO LP NMRIIR ERCENT AHE RATE .., rAalbW "Its d oNp by NrRMn igtNr MaH hying sgldrus rv e pm 9 " 9 a K • ? ti THIM DOCONICNT IS A DCPT Or YOUR RAT EM. RN rO YOun RawRuS Da y ' . p B p? ap ? [a W ? ONLY AND O NCT AN OFFInA BANK WMAI ENT. THII COPY E NOT AN lltlfUl HMtIl1CA Y.U. WA L5026 XA DLgIIC/?E AND FMY NOT INCLUDEWSSAOes ? HAPPEARN PAGE 1 OF 1 WILMINGTON, DE 19860.5D26 H91 hmORTAMT NEVa MOM ON YOUR ORAG" PERIODIC ATEAIENT. 12/27/2005 13:17 MHNR_DEHT_MGMT -? 912403863841 • N0.978 D009 ACCOUNT NuwmsEra MBNA Platinum Plus 6490 9947 4640 9549 PAYWRIMlE MWBALANCETOTAL 12 06/02 $29,825-44 TOTAL MRMI E "MNEMUGS O M kcaaA CARDHOLDER SINCE 2001 $380.00 WAA AM MBNA AMERICA 07 .P.O. BOX 15019 N WILMINGTON, DE 19886-5019 TOD SHEDLOSKY 6346 N POADERHORN RD MECHANICSBURG PA 17050-830646 S 00294%MO294950000000000D000000000029825440000800DO006490994746409549 S 00DO01400000001500000000ODDOOOODOOOOD2982544000380000005490994745409549 DAYS a T& CLE CL11LMMTE PAYMENT NTWEM PAYMEM oue GATE AMOUNr NUMBER CREONL CASH p cMmN AV CY 490 640 9549 3 , .56 -06- 0. 0 TR E a, TRANSAI:TgNffi CHARGE, COEdrS ICR) rE TE 0. N C 1023 2965702193S MC PAYMENT - THANK YOU 50,00 CR TOTAL FOR BILLING. CYCLE FROM 1010812002 THROUGH 1110612002 $.00 $50,00 CR iR4POFTFANT VISIT WWW.MBNA.COM FOR DETAILS ABOUT ONLINE ACCOUNT ACCESS 5 VALUABLE SERVICES. NEWS SHOPPING FOR AUTO INSURANCE HAS NEVER BEEN EASIER. VISIT WNN.M8NAAUT0.COAVNW AND REQUEST UP TO FOUR QUOTES FROM SOME OF THE NATION'S TOP INSURANCE CARRIERS. S M : Preuipus -PagmanLS + u p ases *Pe+iadie Rare TraMa4tlonFse •NwBalanw as we un , c es 8Agiustman dMpO g M g?a?e and CreEAc gfiY, Current Payment $380.00 3 10 00 3 9, . jSC.00 $0.00 $0.00 365.44 0p $25.44 Total Min Payment Due $ $ 2 80.00 g. p N W C E MAPCefCIEpOIE PF? Cm Virg Ewan 0!C y Fl W Ce9 Ptlaarl o P*e F? S F" OR YOUR SATOWACTNW. EMW NOllii. EVERY DAY A. BALANCE TRANSFER, CHECKS .04106&4 PLY 14.994 $29.648.21 F - fr aU a BraxCwaKCt so Am. call B. ATM. BANK. . . . . . . . ,0410684 PLY 14.994 $0,00 C. PURCHASES . ..... .043068t PLY 14.995 $15.09 T Q151GIINr 6am'c{arAion,epezeMadPK. raY 0. OTHER BALANCES..... . .0000004 PLY 00.004 $0.00 f 0 • Ca .L Oeuk•NN IAe Oval)aasiRrwP. pall FORTLRSOU"OOP ER10 14 99# . C L 7p?E qA 7 - er Int u tl es P 1OlC an t1 Rated Fee Finance Charges) , transaction lg Fi l a gA s are preserye4anlg 6q wnem YLAUry, aaN hM'up iWUkN3 l t F a a a ? , II h « t n TAM0r PT OF Yocin MWU. rtNR Roe DAILY IOU MaNA'AME ???ll DAILY MD Is m wOT AN AN DAM a 00C OpCMNNT.THIS FO COPY tt IP NOf AN IMY OUPIXATt AM MATNOOEME XgHAVOGRp1 PAGE 1 OF 1 WILMINGTON, DE 19850-5026 KC ALP8R Tae4.A0RTAWRTAM NEWS OCK ONYWR YOUR OiariLAL VaRI001C UArfMEPLT, 12/27/2005 13:17 MHNR_DEHT_MGMT 4 912403863841 1, N0.978 0010 ACCWNF Bert ---- ? MENA Platinum Plus 5490 9947 454D 9549 1 PAYMENT04ZOAT4 NEWS CETOTAL 01/06/03 $30,265.11 1w6LMN*AU PA Mtk Aaeh CARDHOLDER SINCE 2001 ;834.00 ME L?J ReNA AMERICA ERICA 07 P.O. BOX 15137 WILMINGTON, DE 19886-5137 TOO SHEDLOSKY 6346 N POWDERHORN RD MECHANICSBURG PA 17050-830646 S 002981025002944500000000000000000D000302651300083400D005490994746409549 S 0000D1519000001600000D00000D000000000302651100083400D006490994746409649 ACCOUT PAMER cNEDIT cnaN On ORED AvAaAEIE c?Yae CLOSSeLanATE PAYMENrM1e WO M PAYMENT Due DATE 90 4 3 000 I 3 12- 834. 6 paWOICE TRANSACnama CHAP198 CRWS(CR) DIM T HAS 1206 1206 0029825 MC C LATE CHARGE FOR PHT DUE 12105 35.00 1206 1206 0030230 NC C OVER CREDIT LINE FEE 35.00 TOTAL FOR BILLING CYCLE FROM 11/07/2002 THROUGH 12/06/2002 $70.DO $.00 IMPORTANT YOU ARE A VALUED CUSTOMER. WE WANT TO MAKE SURE YOU ARE AWARE THAT WE HAVE NOT NEYYS RECEIVED YOUR PAYMENT, PLEASE SEND THE AMOUNT DUE TODAY. IF IT HAS BEEN MAILED, THANK YOU. NDPPING FOR AUTO INSURANCE HAS NEVER BEEN EASIER. VISIT WWW.MBNAAUTO.COM/NS2 AND REQUEST UP TO FOUR QUOTES FROM SOME OF THE NATION'S TOP INSURANCE CARRIERS. E Previous -Papnexs * as * Purchases +PxiPdfaRate TnroasHoR Fw =6kr Balance f m malme and Lie le Advance9 8Ad19HtnNn N4 MANO] ay Current Payment $454.00 9 $2 ,825.44.0D $0.00 $70.00 369.67 60,00 30,265.11 Total Min Payment Due $834.00 Fi/AMCOLTCyIIARGEfaa'aAE Periede Carte ng Bdalme 0aLe9 R ? ate A Peeae Nw P4te Fiuo. Chareea FOR YOUR SATINFACTMAL EYERV HOUR, EVERY EIAY A. BALANCE YRANSFER, CHECKS .0410680 DLY 14.991 $29 988 41 , , F ea Cmma sxuice, acs B. ATM, BANK.. ..... .0410681 DLY 14.994 $0.00 f C. PURCHASES .. .. .. . .0410681 OLY 14.991 $16.45 or CtLSmmx 9atislac6on rearffMUWls, WII D. OTHER' BALANCES. .... . .0000001 DLY 00.004 $0.00 Tr PoRFTyms mlLLHlOPElaOD 14 991 •Floe ?Tikoemmuniratiorndesisn Fm the Oeal)ass*&x*, oall ?-7311f/99 L1ncYuie eer iicc% And'Transaetion Fee Finann Charges) ,envdgW" Resxwe or4 hew en inqutrM MalbiBsg:gwies Tau DOCUMMW COPY A OFY"VATEMENF. RK YOIRi ReOart yO °°?y?^aapa 15026 MYANDIS D MOFOCLALBANK000UMENT.T"WPYIa NOTAN IIA [:A P.V. W IXAOF IXiIIGTE A1D MAr ADT HNauoe hEYSAGa rMCHAPPaARN PAGE 1 OF 1 WILMINGTON, DE 19850-6026 TH nrrDRrnmx WasL6Ce0Nr ONGNALP srA 12/27/2005 13:17 MBNR_DEBT_MGMT 4 912403863841 L NO.97B 0011 111 A'''Q''':GUrF MMUM NBIIA Platinum Plus ( 1 549D 9947 4640 9549 PAYMENT DUE DA NCW BNANGETCTAL 02 OS/03 ;30,665.39 MIN01 E Maheata CARDHOLDER SINCE 2001 ;1,364.00 P NBR4 AMERICA 01 P.O. BOX 15137 9 WILMINGTON, BE 19885-5137 TOD SHEDLOSKY 6346N PONDERHORN RD MECRANICSBURG PA 17050-830546 S 0030179720029a4500000DDOO0000000000003066539001364000005490994746409549 S 00000853900000150000000000000000000003066539001364000003490994746409549 MIS CCWNr CpEDR LDR CAYNUR AuAAAM GY CLOYINGDATE cAF1TµiEMGUE PATMENf WE DATE 4 50.9 32 O3- - 1,96. 5 POSTRO iWd%RE TMN4ACTIONS caMDEY EDRYIcral GATE A L FOR BILLING CYCLE FROM 12tO7/ZM GN 003 0 .= PER YOUR SPECIAL REPAYMENT PROGRAM STATUS, THE APR'S ON YOUR NEAT BILLIN STATEMENT WILL BE: BALANCE CAT A 10.00 k BALANCE CAT B 10.00 >r BALANCE CAT C 10.00 k BALANCE CAT D 10.00 N. REFER TO YOUR PROGRAM TERMS LETTER FOR DETAILED PROGRAM INFORMATION. OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE AND YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS IMPORTANT YOUR ACCOUNT 4S COVERED BY CREDIT PROTECTION. THE FEE CHARGED TO YOUR ACCOUNT NEWS FOR THIS COVERAGE WILL EXTEND THE TIME IT WILL TAKE TO PAY YOUR BALANCE IN FULL. PLEASE DETERMINE IF COVERAGE IS STILL NECESSARY. IF YOU WISH TO CANCEL THIS COVERAGE, PLEASE CALL 1-866-225-1023, vA MENTOLIE PreuiauC -Palrmnts 5 + ur ass L ' +Perbdia Plan TransEatbr%Fet +P1eNBdaroe aS ue Ralanu and Credits 0 1 Advances d Justment NCE CIMR pi,IMOE 77c?,,a Current Pay3Mmeent ;530.00 00 ; 3 ,24 5.3 ;0.00 ;0.00 ;O.OD $400.8 ;0.00 X30, 665.39 Totat Min Pyryment Due ;1,364. R A ra C l+i tmQoMY RGE at9lDlILE Perr b& Caf?P?ng ? Ymr 1 R u Nct ro ae P R90 Finanae Charges FOR YM" SATrpACTtON. 111MY 140M EVERY DAY A. BALANCE TRANSFER, CHECKS .041068k DLY 1 ;30,372.56 p eUConnror aertioe,eay 8. ATM, BANK. . .. ... . .041068% DLY 14.9% ;0.00 -ra' ° W CuftDmR Sa6daetlon reparuntatixs,Pan H A 1 ; 6 'T " ' " 0. OTH BALANCES... . . .0 00000% DLY 00.DOAr f Pd 69 ? -fb? - ER 0 0 Tp p Eae T1EYB6LHCPEADD 14 994 'F1=r800=3 a Dew" F' the Dea0aeda"e, Pat . NpUAtt PERCEIiTps? RASE t7"Yuda! Pon GGic Rate And'Transdctian Fee Fi nanc4 Char es) g Y arv M N y r pro L G 61'a^INn Wpury, Man 6i01e i?gtYlK 'elln A9aa a rnF OOa IlhaDPY T lyiR T. RNPORTal4i>? ? E ? ?a L a M n m [ a VOCUR5 W Y.U. rI5026 OWY AMR NOr AA UFMALMIMMDOCUMENT. TXIYCOPYRNdsAN EXACT nLIPLghTE AeD MAT NDr Y1CWOEMeraMES VIyC11APPLVyR PAGE I OF 1 WILMINGTON, DE 19850-5026 THE IMPORTANT NEVI BLGCI(ONYDUR PE 4TATEAIERT. i 12/27/2005 13:17 MENR_DEHT_MGMT 4 912403863841 N0.978 0012 IIA?CCDI^AYf ?'BER MONA Platinw Plus 5490 9947 4640 9549 PAYMEW GATE BALANCE AL 03/05/03 $30,918.43 YCTPA ED MakaaA CARDHOLDER SINCE 2001 $1,894.00 MONA AMERICA AMERICA OT P.O. BOX 15137 9 WILMINGTON, 'DE 19886-5137 TOD SHEDLOSKY 6346 N PDWDERHORN RD MECHANICSBURG PA 17050-630546 S 00305188700294450000000000000000000003091843001894000005490994746409549 S 00000B652DOOOO150000000000D000000000o3D91843001894000005490994746409549 A0004Mr B AEMf CASH ORC AVAILABLE GILN MOMMOATE A1Y'AfWO eAYatFAR DUE DATE ODO 94 03 .a0 UJIMIUS TRANUCTI S AA0S3 C ma " =0 CATE IM 00e OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE AND YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS IMPORTANT NEM u DUE Preslaw .pylm ? as + Purchases] +pN ie dc Rate TrarLSactin fee =Nn BNmce 0 ^ 8?1 I and 3 665 39 O I Advances l aadjustmBnt 0 0 E Cu rrent Payee t ? INANCECNAROe 0 53 1:8 00 j . D $0. 0 2 918.43 nt Due $ ,04 50.00 5 94. Total AAaN ??ryry 6atagOrlsYuRGESCMEa4E gdo5c CoRa al POli6nP g Wanee ? ? pb/amtaeen" Fnm CAsyes FAR YOUR SAn9FACTW3111 EVERY HOUR. EVERY DAY A. BALANCE TRANSFER CHECKS .0273974 DLY 30-004 $30 700 63 , . . F act Canneaservke. cal , B. ATM, BANK... . . ... .0273974 DLY 10.001 $0.00 a-`AT* C. PURCHASES .... .. .02739711 OLY 30.006 $86.86 T Customw 9atisFasNan tepesmealM;oyt D. OTHER BALANCES, .... .000DDO* DLY OO.OOk $0.00 P $? LA$= %?& F'LMTNe BIL o W O P ODk F?rTLIDtTsleeaaeunbWons Oerloe for the Deal)assiAtence.call EA p ID 45 ? 3 l ? S W W ?? 33 . p E R L S s ??L?E P m Rnd'T na u Os er7001C Ra ransaction Fee Finance Charges) .lNl(e g hes r r xuee ants 6y wEtenbWirf. mail dlignqu6ps e p e s g P? - Tlp IeA YOF YWMa £M1h nT. uFINtYaai WCNA 10ISNar NOF AN ,A F.V. WA 16026 ANO AIa ENf. TH 5VWHA EXACT EXACT 01 1CJA=MESSAF[a V11CH AMrAAy NOfW{`AUOE WhK WILMINGTOONN 01CATE N PAGE 1 OF 1 WWI , OE 19850-5026 THE pRaRfM1FN;YY BIacR ON Yp{.q oAKaNU SfATEM[Nr. 12272005 13:17 MBNR_DEBT_MGMT 4 912403863841 E N0.978 0013 ACCOUNT nE R M6HA Platinum Plus 8490 9947 4640 9548 PAYMENT DA N4WBALANOSTOTAL 3 04/06 03 j 1,370.95 ' ? ,I Mdi¢sA.eA CARDHOLDER SINCE 2001 42.301.00 l? TIBN0. NBRA AMERICA 07 P.O. BOX 15137 8 WILMINGTON, DE 19866-5137 TOD SNEDLOSKY 6346 N POWDERHORN RD MECHANICSBURG PA 17060-830546 S 003063120002944.500000D0000DD0000000003131095002301000OD5440994746409549 4 S 0000087230000D18OD00oMOOO000D00000D313109500230100000549099 6409549 4 7 pD A{ 7y 4y CPemO LINE CASs OMC AVAYABIE CYDLEN CL010019DATE P T?1a M PAYMEATOUKDATE NO OW WR 4640 9 3. uqfuo/vj E TPAWsWn 1N8 Rime CPWM(M C= eaT Mel ""- 4 ND E 3 0306 0030918 MC C LATE CHARGE FOR PMT DUE 03/08 35.00 0306 TOTAL FOR BILLING CYCLE FROM 210712003 THROUGH 3/06/2003 $35.00 $.Do OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE AND YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS IMpOWANT YOUR CREDIT HISTORY STAYS WITH YOU FOR T YEARS. ME HAVE PAYMENT PLANS THAT CAN NEWS HELP YOU. PLEASE CALL 1-868.720-6262 OR RD TO WWW.NBRAFIRST.COM. AL P Mwbus 5 + u C a :z U rgs? On +PedPdbgate TiansasdeOF .NMBElanee 00 t $407 wLNw, andCnt Advances ! ustlmnt j . CHAR cw Current Paymen 2 00 l .7 P D $30,918.43 b .0o 40.00 $.75.00 , 01. 357. 40.00 1,370.95 Tota Min UG ; ayment .eN9e6e pv,RPa eC1EDlILE Perivde Wrt m9 Balarse TO' R Y B t 0 0 G ate jea P.Tft"eRm FElmuCnarp.s FM YOUR SATMFAGTKW. KVMV k43M EVERY DAY A. BALANCE TRANSFER, CHECKS .04206870 DLY 14,997r $31,002.71 FppyLatoNats?rea Ctuerca aeTUic:, erl , S. ATM, BANK. ... ... . .0410684 DLY 14.99k $0.00 ^?tlV?66 65 l? C1 A ! ? e a ? C. PURCHASES ...... . .04106% OLY 14.994 $88.97 y e?t ur CuaomN Sadslaction mpesentatives, wl 'T j-BOD-/0gj709 D. OTHER BALANCES... . . .OD000OAV OLT 00.OON $0.00 991 F?r T-?D 4Mrka6ma Deuice kK the 0eaO att'stme. cal F PTMaIML f O ONPOalOU 14 . p p 1 ? 1lne u asE R Wollt RarEAAnd Yransactien Fee Finance Char es) g f . 8 1m i, QW ar elued onlu ly wdUp:quY? Mai b0nig wAurles e W" W y a da rL NEJ? t1A TMmP R It A COPY OF YOUR STATCAOfT. R N FMYOUR RECURO MBI MLM Pl?r9r15026 ONLY AND R NOT AN OFFICIAL SANK DOCUMENT. TWO DOPY 13 NW AN EXACT QU"ATE ANP MAY NOT a+DLUDEMEnAOEt WMIOW APPEAR N PAGE I OF I WILMINGTON, DE 19650.5026 THE ANT NFVS OCItON POpTmJAI pERI001C eTATEMEEIf, 12/27/2005 13:17 MHNR_DEBT_MGMT 4 912403863841 u N0.978 9014 ACCOUMNF.ReR "BMA Platinum Plus 5490 9941 4640 9549 PAYMENTDUEDATE WWSB WzTmm 05/06/03 $31,725.06 MY raya,aaA CARDHOLDER SINCE 2001 $2,730.00 pap N4 AMERICA MBMERICA 07 P.O. BOX 15137 B WILMINGTON, OE 19886-5137 TOD SHEDLOSAY 6346 X POWDERHORN RD RECRA41CSSUM PA 17D60-830546 S 0031187700029446000ODOOOO00000000D0003172506002730000005490994746409549 S 000012325DD000150000000000000ODO00D00317250600273000D005490994746409649 D4rSR TDTAL h9NMUM A M'NMB CREDR Oxe CASn CRAVAILA6IE CTCK lOYRD DATE AA aUE PAYMfM,0UE M7R C 47 9549 32 - OS PD 7 aE CHARDES cnmrrs(CA) GATE OAT! NUMeae OUR RECORDS SHOW YOUR,A000UMT IS PAST DUE AND YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS IMPORTANT TIME IS RUNNING OUT! WE HAVE SEVERAL REPAYMENT PLANS THAT CAN HELP YOU. NEWS CALL 1-888-755-1569 OR GO TO WWN.MBMAFIRST.CON TO LEARN MORE. Re" -Pasnen + s + urc ases +PRlode Rate Trans odw Fee -New Da!aiae as ue u gNanw sad aa? Advances BAdjustspn NANOa wCXA Tyal Current Payment $429.00 31 O 0.95 5.00 $0.00 $O. D $414. }b.00 f31,725.06 Total Min Payment Dua $2,730.Oo $ 3 1 ;? A,AE r L? 4at*goi`y0 AxOE SCIEDIAa PSHodo ConPvXpardnr P e Pp r Balance ? aIXro Rate Fmwm Ghages FOR YOUR SATWACTICK EBRRY NOIM. EVERY DAY A. BALANCE TRANSFER, CHECKS .0410688 DLY 14.1% $31,387.01 p yeaconwtserWoolcul ` a ` B. ATM, BANK.. ..... . .0430688 DLY 14.994 $0.00 f m - w- C. PURCHASES ... . .. .0410688 DLY 14.998 $124.04 7 X uCustelner SaUs!aegon representarrxs.4all t?u'nubl ?f6 f D. OTHER BALANCES... .. . '.0000008 DLY 00.008 $0.00 - - 998 Fe`77]tl(STek?ouriwawraCh'Wo'W the0ea0aaostame, wH FORTNSIMIMPOOW 14 4U6 3311 We . nclukes P-!MW icc%teAnd-fransaeti on fee Fi nanct Charges) .804 OgW Pm-ed OWN bguratan in lm Mal b*vi"ies THIS DO Rlea OF1TfuR iTATReM. IsroR Yd1R R6Caxo3 ar??g a?A?.dsr?ayl ILA G 1 1'5 15026 MaY AlCMNOr AN CI1nGAL BAxA00G1hICM. TITS CDPY mMOr Ax AwEARw 1 OF 1 WILMINGTON, DE E 198500- -5026 PAGE oeACrOVPUCnrE MArNmnuo.>.mEhfaAa WS 100130 N1P THt AM xEV BIC OxT W Onlplll C hTSaFIiT. 12/27/2005 13:17 • I NBNA Platinum Plus ANrKaaa CARDHOLDER SINCE 2001 $3 , 138.00 WNA AMERICA 07 P.O. BOX 15137 WILMINGTON, DE 19886-5137 TOD SHEDLOSKY 6346 N POWDERHORN RD MECHANICSBURG PA 17050430546 S. 0031600180029445DDOOD000OODOOOOOOOOOD3211826003138000005490994746409549 S 000012488DO000150000000000000000000009211826003138000005490994746409549 3L OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE AND YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS $31.725.'06 1 $0,00 S1).DO1 $0.00 1393.201- $0,00 1 $V-,118.26 Total Min Payment Due $3,138.001 Eey?ry Ra[ap av Ep1LE Pere en dog " nte N a orto Percmta94 Mare Finance s FOR YON/ SAYWACTM. EVERY HOUR. EVERY 0AY A. BALANCE TRANSFER, CHECKS .0410684 OLY 14.994 $31,789.04 F eceCaMecl senane, call ` a S. ATM. BANK ....... . .0430681 DLY 14.994 $0.00 ?'- l -?@ C. PURCHASES .. .. .. . 0. OTHER BALANCES. .. .. . .0410684 DLY 14.994 .0000001, DLY 00.00% $125.63 $0.00 7 Nslorner ea6sfacHDn repmemadues,wV 1? 3myUrr FC nIMBBLLWIFERAIDD 994 14 'Feeff unican°^s [kvw. brr?ft e C1.aFJ assiAarbe. can . r Dps? `TALIA%pzg PoN iD Aat?a Md'transaction Fee Finance Charges) it es e bL wlltlM tq,Yr4 N1eY 6Bi1?aWmtas 600 a ro p N e d W y '9 THm OOCUaEN/r is A COPY p Y TTATOA[Nr: It Fan YOUR RECDibs T A ay ?ra ?r ? ¢ ? y ( a ay ? n M6RA ANEx1G Y WA 15028 V My MID a NO N CFWAL w,NK DOWREMr. THE COPY m NOT AN Exncr OICUCATE AND WY NCr INCLUDE WINAGLSWHIPH APPEAR IN PAGE 1 OF I . . WILMINGTON, DE 19850-5026 Urfm Tx IAODRTA wet0ac axYOUR D Poamc n1vAOa. MBNR_DEBT_MGMT i 912403863841 N0.978 9015 ACCOVdr rasta I 5490 9947 4640 9549 PAYN DUEDATE AYVBALANDETDTAL 06 05/03 b32, 118.16 DUE WINT EfiiMo 12/27/2005 13:17 MHNR_DEBT_MGMT 4 912403863841 N0.978 P016 • 0 ACCOD NLffiAMB MOM Platinum PIUS 5490 9947 4640 9549 PAYMW CLAY! PEWM Al 532,576.33 07/06103 L --- MALMMMLlMPAYMXlff9QE AMOU M+a d CARDHOLDER SINCE 2001 3,551.00 pr " A MBNA AMERICA OT P.O. BOX 15137 3L WILMINGTON, BE 19886-5137 TOO SHEDLOSKY 6346 M POWDERHORM RD MECHANICSBURG PA 17050-830646 S 003199183D029445000000000000000000000325163300355100D005490994746409549 S 00001264300000150000000DOOOD0000000003251633003551000006490994746409549 CP®DIBPS CASH OR tml AVXLABIZ VUE LOSING DA PAYMMEN PAYMW OLF DATE A22RV?ffWMBP 4"0 9]i4 54 9 - - 1. WOO/W NSAcTtONS CNApOCY CM [eA) BATE DATE M BtA OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE AND YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS IMPORTANT NEWS; AL Prrukus -Payments S a Y C aSe G Am +plrpolcFlaer TralLawelarFee +Near Balance S We aP D ands and CreaRps Advances 8Ad)Ostnent oNApD eNApeE LN Current PayMnt =413.00 5 3 32,116.26 SD ,00 $O.OD 50. DO 51.00 98.0 50.00 z,516.33 Total Min Payment Otis $3, CINA lap VaoexJEDIAa P d'x G_ I?`` r.Hng t yy AA d f lL..ddLL Seh" o Ra Praeenhge FPm Fnuw,i Chargat VOR YOUPI SATIRFACTWIN, EVERY HOUR. [VERY DAY A. BALANCE TRANSFER, CHECKS .0410684 DLY 14.994 $32,183.03 F are?a.tie ConrwPe alrvlLro, call au 1 f? 8. ATM, BANK.. ... .. .0410684 DLY 14.99k $0.00 _w 6666 C. PURCHASES .. .. . .0430684 DLY 14.994 $127.19 T rCLStemrr Satb/acdonropeseraaCA+s.cal u k f dk %n D. OTHER BALANCES. ..... .0000004 DLY OO.OOk $0.00 _Wd j 614T r8w:PatkmxD-** fm the Deal) asalstamo,"0 ve m p p Fa TMBBUNG 14994 FF G Tpe? i? E 7 s n4 Odes Periodic to And'Transaetion n Fes Fiaanra Charges) e rvl4 oN 69 ABM fgnnL Ma11?r9 nPuir4S ?prea Y aT • m 9 e • WY OF Y OTATSMOrr. It FOR YY rtC & T WT m A C ? N yA? m p g a y a? ec PtlNR-MEIaFr:A Y W1 16D26 V . . . ONLY AND B NW AN OFFICIAL BANK D09UhUW. TO COPY N NOT AN UACr"11CATa AND MAY W 11CLUOt MESSACEa WHM APPEAA N PAGE I OF I WILMINGTON, DE 19860.5026 THE MPORYANT MtVS IRM M YOM Oi00NALP OCICSTATEMeaO'. 12/27/2005 13:17 MBNR_DEBT_MGMT 4 912403863841 N0.978 P017 • r 1 L. J ACC NBNA Platinupi Plus dRar aER 5490 9947 4640 9549 PAYNRNfO TE NEWaALAMCETCrAL 08 06/03 !30,421.54 T A4aa a.n CARDHOLDER SINCE 2001 $1,471.DO " rm AM NBNA ERICA OJ ' P.O. BOX 15137 3L WILMINGTON, DE 19886-5137 TOD SHEOLOSKY 6346 N PONDERHORN RD MECHANICSBURG PA 17050-830546 S 003238833002944500000WOD0000DWO00003042159001471000005490994746409549 S 00001260000000150D0000000000000000000304215400147100D005490994746409549 AECgW CN[41r OA4MORCALpr AVAAA CYCLE m ATYMENr"rDM PAYNEIIr ODE AAT4 nlooo -O - TRANSACTONS cNAaeee CAMTS LCRp oAK 6 ^ PA 5 A D T5 0627 $20030628000000102 NC VENDOR PAYMENT 2,500.00 CR TOTAL FOR BILLING CYCLE FROM 6/07120013 THOUGH 7J07/2DO3 $.00 $2,500.00 CR OUR RECORDS SNOW YOUR ACCOUNT IS PAST DUE AND YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS IMPORTANT NEW" Oi A W PMMAW; -Pymems • + asas +Peri,Ao Rare TrMSaodWFee =Haw BMerme s BWNr Urc ap?rya aa? Crea Advances BAdjusteent ANUH ARAN 0 TOW Currant Payment (420.00 ?t2, 516.33 52.5 .00 $0.00 $0.00 405.21 $0.00 $30,421.84 Total min PUyment Due 57,471.00 8990-I AWE P^lodl. Ccaresop ndng Balm. A d l n ua Rate Perax uageRst. Fan ClNrgea FOR VDr1R S tTISFACTION, EVERY RLMML EVERY DAY A. BALANCE TRANSFER, CHECKS .0410684 DLY 14.994 $31,699.68 F eoe CCnneer.enAce, car • au B. ATM, BANK.. ... .. . .0410684 DLY 14.99% $0.00 ? 1 W C. PURCHASES ... .. .0410684 OLY 14.994 $128.79 T ?eaa1 d ur Cuepamer SaUNactionr.psrsentamrs,cap `?$" ? g D. OTHER BALANCES. . . . . . .0000004 DLY 00.004 $0.00 ?°E06- - 7u fC A T M 7 B RUra 1 9 'Ffgff T?'nM'd6NYDaVCi For rMl Dpai]d5515ra1^a, Cil a 1S 1 pp ` 7? 4.9 4 ? lncl uQa JAM! ?e Aird'Transattion Fee Finance Charges) I- 60 ywrNNn uqulq Man 6Wag ipuirka •Birq Myaa are ed pese rv orgy TMIFDK SACCFl'Cf1 ATEAa•Ar.RMfOR C RDS n C y oo Sn ° d1Ln??V GUM1 S5O2d KDO ISNW AMENOT M% AWMWY BrIN UOEWE1aT.TMSCOPTANOT AN aXA1CATEANDAAV NL?r NOTrNCtu.rt I,ESSAaesV1YCHAwrr,RpL PAGE 1 OF 1 . WILMINGTON, DE 19850-5026 TIEW DMQRrAM NEWS Bl9Cn CNY17DR CRICPIAL STATEMlNr. 12/27/2005 13:17 MONA Platinum Plus Aaae, CARDHOLDER SINCE 2001 '"" W: MBU AMERICA 07 P.O. BOX 15137 WILMINGTON, DE 19886-6137 TOD SHEDLOSKY 6346 N POMDERHORN RD MECHANICSBURG PA 17050-830846 S 003029190002944500000000000000000000003329570018940000D5a90994746409549 S 00001296400000150000000000000000000003332957001894000005490994746409549 3L OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE AND YOUR BALAMCE EXCEEDS APPROVED CREDIT LIMITS IMPORTANT NEWS 4 aD. "0 -42 A6vnncBS SA6j ustleent ANC ONNIG µU0 ` HAN TOW : current Pn yrnt 1,6 , 50.00 0 ;0.00 ;2,500.00 5408.03 ;0. ; 33,329.57 Total Min Paynent Due ;1,894.00 pH coe? 4iILag0lSy MOOED lAE PerIO& ConasepmMinp Ma4nw Pare Amwal e,geotto P.reerAa9eRale FuunoaCnr9es A. BALANCE TRANSFER, CHECKS .0410681 DLY 14.991 ;30 472.94 FOR YOUR SATWIPACTION, EVERY NOIIFL EVERY OAY , B. ATM, BANK.... .... .0410681 DLY 14.994 40.00 F Irect COnnaseruke, al C. PURCHASES ...... .0410687 DLY 14.991 ;2,645.36 D. OTHER BALANCES, ..... .0000001 DLY 00.001 $0.00 T wear; oL ur LVaromer6atMactianrepNnnraUws. eyl D W -g7uq el!' FOPTWIDUINGGP W 14 994 T pp •F?r IsT ?unicaCwm Deuce (or a,e Ovao nzimwmne. cell . N ? ne u es PetT%ACGE&pAad"Fransaetien Fee Finance Charges) ar s H4 by,.Htea,ngerY MaIINFg:qulrks i ig d y L S M onn •a e Dn Trrr¢ UNfarrmA Pr OFYdme SIATplart.l l ProwweGORGS ONLYANDISP TA1 CIMNANKD=NWW.THMCOPTUrAT AN y n ? ? 4 ? m e ,R M u i ¢ Atlll? rWtaA4l1 YI. U. iF 15026 t*ACT DLKWATa Am NAY NOT INCLUDE AifaA00a WHICH APKM IN PAGE 1 OF 1 WILMINGTON, DE 19850-5026 MBNq_DEBT_MGMT 3 912403863841 NO.978 0018 ACIDDI" F 5490 9947 4640 9649 PAYNENTDr1EOATE NN SAL ANC! nL 09707(03 ;33,329757 Tm PAYNIEW e AMWNT $1 ,894.00 r I I TOTAL FOR BILLING CYCLE FROM 7/0812003 THROUGH 8/06/2003 $2,500.00 $.DO 12272005 13:17 MBNR_DEBT_MGMT 4 912403863841 N0.978 9019 • ' ACI.tKMMMFlOt MBNA Platinum Plus 5490 9947 4640 950.4 PAYNENr DIE OAR NEVBALANOETOrAL 30/06/OS 32,770.60 P 0Ur INUD1E Nyiy CARDHOLDER SINCE 2001 51.350.00 p 'Yk le: MBNA AMERICA 07 P.O. BOX 15137 3L WILMINGTON, DE 19886-5137 TOD SHEOLOSKY 6346 N POWDERHORM RD MECHANICSBURG PA 47080.830546 S 003066734002944$DDOOOOOOOODOODOOO0000327706000I35CDODDC5490994746409549 5 OOD2662230D025150000000000D00DDD000003277060001350000006490994746409549 MYSM TOfAIMMIMUM PAYMENTDMDATE ACCOX9f A+MEOt OpmRLIIE CAm cpcRWTAVALAUI CYdE UO0NO ATE PAnj OUL 0 5490 .000 09- 50. 40 9549 33 M WFFPWiEE , 1mANSACTgN4 CXMGES CRFORe ICRJ MTE C IT PATHERIS AND 0807 520030808000000915 MC VENDOR PAYMENT 1,000.00 CR TOTAL FOR BILLING CYCLE FROM 810712003 THROUGH 910812003 $•DO $1,000.00 CR OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE AND YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS N11P[JRFANT NEWS T PA UE MEMS TRA Aevbus ^Fa}nen[s e s * ur[ asas +pnio6e Hate TraN+Edpr Fee past =NerBYanee ° Amount ' Current Paymen $456.00 and Cledas , Adv+nces 6Adjustnen 0 00 F Mo =00 $44I 03 50 00 $441 7?yywW 60 Total Min Pay Payment Our $1 ,350.00 }32 770 $33. ;33,3.67 $1, O.G.D. 329 $0.00 . $ . . . , . pyo?pgWIOEacIuLE Ppdab Cwresepw q Balanoe Nta9ury Rate o r t I m ps FOR YOUR SAT181FACT10N. EMERY 14MIR. EVERY OAY Rare F'IIw C' percentage A. BALANCE TRANSFER, CHECKS .0410684 DLY 14.994 $29.853.07 P sy?• eet T..GNIeCI1elM1Rle, eel ? atAl B. ATM, BANK. . .... . . .0430684 OLY 14.944 $0.00 Q C. PURCHASES . . .. .. .0430684 DLY 14.994 $2,679.79 T Custamx BmisFactiontepresenaDrn. Nil =6719ur D. OTHER BALANCES.. .... .0000004 DLY 00.004 50.00 'Tyr TLJO T?wdoalions Dn:ee for the Deal) assistance, Ul n 1ERIDO FORTNIS B aLM l 14.994 ?E TE A? L? E p gkv66gMs as preserved only to written iWk% MalbaevigWries I" :k" Parifffe Rate And'Transaction Fee Finance charges) . g TWG0g11N1FMNAG YOFTCWUATFAENF. IrmFORY" DS I r ]$D26 mUA e?? Aa1EN1Gl r' D • • ONLY AID N NOT AN OFFIpAL MM DOGUMIT. TNS COPY N NCTAN 11 DE 19850-5026 PAGE 1 OF 1 WILMINGTON . MPRD ATE AM MAY NOT INCLUDE NE+PAaa+ WICK APPEAn N EKAC P nTE IMPO BLOCK ON TOUR QMRAL RIOMCSTATEMENf. 12/272005 13:17 MHNR_DEHT_MGMT 4 912403863841 N0.978 9020 r1 LJ C I ACCdrHf NUfAEOi MW Platinum Plus 5490 9947 4640 9649 PArt.AW0UK=TE NEW ALA OSMAL 11/05/03 $32,962.84 PA dP Ahf? Mak d.4 CARDHOLDER SINCE 2001 $1,661. DO MBMA AMERICA 07 P.O. BOK 15137 3L WILNINGTON, DE ]9886-5137 TOD SHEDLOSKY 6346 M POADERHORN RD MECHANICSBURG PA 17050-830546 S 00300720500294450000000000000000000003296264001557000DO5490994746409549 46409549 S 00026985500025150000000000000000000003296264001557000B054909947 ? CASHORGAMrr AVAaABE 4p'"+' T COPSOIGDATE v?Yh Exr PATROEW mUE om MA.?EN 2 W 9 WI V4540 Z 1 PFaYAOI T MACMN8 gIARDES CRFpRS M:fO OMi O l K H IIM1H Eii _ ? j e ?a?H 1 ,• ? ?Cn l5 mA F.ntUL lj 1002 $20031003000001432 MC VENDOR PAYMENT 200.00 CR TOTAL FOR BTLLINO CYCLE FRON 9109/2003 THRDUGH 10/07/2003 $•00 $200.00 CR OUR RECORDS SHOW YOUR ACCOUNT I$ PAST DUE AND YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS IMPORTANT NEWS filiNNAUMPATMEWOM e FIVADUS -PayrieMC + a ur4 ase +PetinyeRate Transaction Pee ,Neeum" gural; W& n 00 v t 5407 C aynen urrent . e??aarnwce ardpHe Advanc4s BAdjusnrn pe oxApW otN 770.00 $20,00 $0. DO $0.00 392.04 50.00 32,962.64 Total Min Payment Duo $1,557.00 S3Z. E? (; tewglpyv.ESaEnulE P g ep°ndng R mu Pero ge Rate Floanwpwges FOR YOUR SATISFACTION, EVERY HOAR, SVFFY 0AV A. BALANCE TRANSFER, CHECKS .0410684 DLY 14.994 $30.204.13 F eyt 10t Cennectsge*e,eaP = mw w W11 6• ATM, BANK.. ..... ., .0410684 DLY 14.994 $0.00 f - C, PURCHASES .. ..... . .041068% DLY 14.994 $2,714.12 k t r Cust~ eadowtinn represwativm sell Tera gbr - 0. OTHER BALANCES.. . .. . .0000DU% DLY 00.00% $0.00 99* •Ffr7taTfre gjpv i dws Desiw Im theopol assistance, cal u pna s IP S EP g MRRTTN 1 80 0 3V0?31itl 14 n r a c . U A ? c C ? F T iE [Inclute Pori ic?Rau And'Transaction Fee Finance Charges) ,0 9 IMury Mal6Big ipWAes p TreE Ys(ISAtH)W OF YOw arATFAR?Irt. P?FOPYOUP PECOROS ?.y,P?u?gaaP ??yr? I? I ISD26 ?BNA AIrFHeUt Y U SE . . M ONLYAIDlat ANC"ICIALB DOCUMENT.THISCp yMN AN E] ff DLPLDATEANDMAYNOrINCLUDEMMAGEYV HAPPEARM PAGE 1 OF 1 WILMINGTON, DE 19850-5026 THEIMPORTANT eICHIi BIOCK ON YOUR tnaGNAL SrAKMENT. 12/27/2005 13:17 MHNR_DEHT_MGMT a 912403863841 NO.978 9021 `I NBMA PlatinuN Plua pAAaewn CARDHOLDER SINCE 2001 MBNA AMERICA 07 Ir Aa4.E 5490 9947 4640 9549 PAYAEW G08 TT 12/04/03 AL PA NEWa TOTAL ;33,210573 WE WaNItNURED ;1.860.00 P.O. BOX 15137 WILMINGTON, PE 19886-5137 TOO SHEDLOSKY 6345 N POWDERHORN RD MECHANICSBURG PA 17050-830546 S 003023177002944600D000OOOODOOOOD000003327073001680000005490994746409549 S 0002730870DO2515000000000000000000D003327073001880000005490994746409649 3L OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE AND YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS NEWS I I Plwous 1 B?IaMf ardC ffi ;32,962.6a r,OO.,, A9Yanca9 1 {0.00 anal us LNCII ;0.00 s Tr ;33,270.)3 _ - !°•'•" Total Min Payment Duo ;1,880.00 oaAPrA30Wolae a e rY R k l b ate An ia Pfb tasePAl! Su ject to FauaoeChKge s FOR YOUR SATISFACTIOAL EVERY HOWL EVERY OAY A. BALANCE TRANSFER, CHECKS .041066% DLY 14.994 {30,375.71 P ed Canrodsetulee,od S. ATM. BANK.. , ... .. ,0410664 DLY 14.94% ;0.00 ?O ?g-6685 C. PURCHASES . ..... . . .041068% OLY 14.994 $2,747.19 T papann SalMadiMRpresrntaturs.eatl O. OTHER BALANCES. . . . . .0000004 DLY 00.00t S01DO rapTa811110P151100 14994 PI°!gT ?7j '.NaaB°^'Oet'ia/or the Oedl assoanoe. c+t t nc uhps'l'am oi iAGUte Vnd'Transaction Fea Finance Charges) ? rl PfP S NYlO ar A Y'?lnhWt'L 611MN4uitRe lg a s e ? •B 9 1 6 TNe GGgIMPar1} ACaT OF n KrORT FloOFG6 ? ry L ? ? 4 ,n { y ? ? a t s M6liP°NffItA?P t' UR 15026 OAaYANDWNOT ANOAJaME)ANN OWLNMWr. Tntt GOPYNNOr AN VWOrDLPL nANDAMTWMWLUOEMPUGEtpN"APPEMIN PAGE 1 OF I WILMINGTON, DE 19880-5026 THEIMPOTZfM W.MMDMDRl ACR IA PERGactTATEMM 1027 S2003IQ800DD01605 Mc VENDOR PAYMENT 100.00 OR TOTAL FOR BILLING CYCLE FROM 10108/2003 THROUGH 1110812003 {100 $100.00 OR 12/27/2005 13:17 NBRA Platinum Plus Nuwaaa r8N`A4A NBN AMERICA 07 MHNR_DEHT_MGMT i 912403863841 CARDHOLDER SINCE 2001 N0.978 9022 AC Oyf taaylBFfy 6490 9947 4640 9649 PAYMM GATE rjmsA tL AL 01/06/04 $33,568.64 TOT Nml PA O a $2,192.00 P.O. BOX 15137 WILMINGTON, DE 14886-5137 TDD SHEDLOSKY 6346 M POMDERHORM RD NECRANICSBURG PA 17050-530546 S OD3D50601002944500000OUODDOOOOOo0000D9366864002192D00006490994746409549 S OD0276472DoM.5150o00000000000000000003356864002192000005490994745409549 3L 1121 520031125000004060 RC VENDOR PAYMENT TOTAL FOR BILLING CYCLE FROM 1110712003 THROUGH 12/05/2003 OUR RECORDS SNOW YOUR ACCOUNT IS PAST DUE AND YOUR BALANCE EXCEEDS APPROYED CREDIT LIMITS l`I:M 558.64 FMANLT: nrZ Sp1FOVLE lC:ittll?9VV PC,& Flatr Ca.tesrag pn M A. BALANCE TRANSFER. CHECKS .04106air DLY 14.994 B, ATN. BANK.. . .. .. . .041068t DLY 14.998 C. PURCHASES . .. .. .041068} DLY 14.99es D. OTHER BALANCES. ..... .0000008 DLY OO.Obt 100.00 CR $.00 $100.00 CR t Pa nt 9 Min Payment Due $2, FMana'e ClJi s Fait YOUR SATNIFACTUD& EYENY FAWK EVMY DAY 530.630.8 $0.00 F sett CanneotswvieaeaA fMa $2.780.00 87 $0. T eCustomer Satslastlan represet"Wes, cal f-e? $"- FFZJT4.MWMtadons Device la the 0..r) assistance, cal nywn hQ^4 M41tdlnemrxUiMs rv edany • 8WftripFparopwse y ?. f a Aul?l°??1??.0. ?A°t15026 PAGE I OF 1 WILMINGTON. DE 19850-6026 12/27/2005 13:17 MHNR_DEHT_MGMT a 912403863041 NO.978 9023 • NBNA Plati4im Plus N? 4 CARDHOLDER SINCE 2001 PWAW to RONA AMERICA Ol P.O. BOX 16137 WILMINGTON; DE 19866-5137 TOP SNEDLOSKY 6346 N POWDERHORN RP MECHANICSBURG PA 17050-830546 S 00307708000294460000000000000000000003397600002614000005490994746409549 S 0002797840002515000009000D00000000000339760000261400DO06490994746609549 3L OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE AND YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS NEWS L3-,46, 64 -W.00I $0.00 $0.00 1-- -f4 7.x1-- l $0.00 $33;976.00 (Total Min Payment 00e ;2,614.00 ENANOE RGt AC1EDULE ??8IILLBB ? P Kk)& Cone 8y Wa a ? R Al S Pe,""eNeoe FwWoe MAWS FOR YOU/ CATISFACTgR EVERY HOM EVERY OAY A. BALANCE TRANSFER, CHECKS .041068% OLY 14.99% 530.931.14 F aea ComwaaViae,eall 6. ATM, BANK:. .. .... .041068t DLY 14.99% $0.00 C. PURCHASES .. ... . .041068t DLY 14.99% $2,816.30 ur Cmomer eadslactim reprasat2A0aau6 ' T P 69b8969 D. OTHER BALANCES... .. . .000000t DLY 00.00% $0.00 FORTmiaaux RMOD ^^ 14 994 F?r7]I1??ppr7 ensDeAn km the Oeaflassistaroe. cal w13/auucati ' 1.ro34b _ . ?w TE 4 neellEP•T• V AGLR And fronsaction Fee Finance Charges) g e yg ro ? ye pa Ye d a g y?y yp ;F ryy aihy nquHks p K TNmo Nr. mromY nlas h p?r o a a ? ? ? s ? a s? aDC'15026 Mmt:NILl1 F.O L BAN Ara 0 W NAT AN OMA r Ax ZXA MAY MY 00 DOG TM COPY M W Nor 9KY EXACY OI.gCMEA1LMAY NOr VILLICi irT<aS YMMAO[F WNCH APFAARai PAGE 1 OF 1 . WILMINGTON, DE-19850-5026 ANr NEV8 d ONYDSIN LPMMOSIA NtN.arA 5490 9947 4640 9549 PAYMPF DUE DaTC 02/05/04 v tEV 5A AfAITOSM b33,916.00 VOMOSE 52.61400 TOTAL FOR BILLING CYCLE FROM 12106/2003 THROUGH 1/07/2004 S.Ou isu.00 UK 12/27/2005 13:17 MHNR_DEHT_MGMT a 912403863841 N0.978 9024 ncc MBNA Ptatinu8 Plus rnx+rmlJOA A 5490 9947 4640 9549 PA PATE WV LANCFLOTAL 03/04/04 $34,397.30 TOf C11 PA ht. a'k4 CARDHOLDER SINCE 2001 53,050.00 Z W: MINA AMERICA 07 P.O. BOX 15137 3L WILMINGTON, BE 19886-5137 TOO SHEDLOSKY 6346 N PMOERHORN RD MECHANICSBURG PA 17050-830546 S 00311399900294450000MOO00000000000D034397300030500OD005490994746409549 5 00028360100O25150000000000000000000003439730003050000005490994746409549 04YaN APCOI.M cm lr CASN DR CREW AVALWE 701"AI.bhMWM rATMdNrGIIEwrE Ct DATF PAYA PUE 49 4 4640 954 -06- 03 E -1 TAAW CnONS CHARGES CR50"PR w A NU OUR RECORDS. SHOW YOUR ACCOUNT 1S PAST DUE AND YOUR BALANCE EXCEEDS APPAOYED CREDIT LIMITS IMPORTAh1T NEWS M F4wiew; Payments; + s + Yrc adei +p"I06a RAte +TmsentiMF Advances 6adj0iteient NC CMA CHAR aaaG1 aAhV B.Iartap un ToW Currant PdyytnpeeRt $436.00 00 50 1W.00 $0.00 ;0.00 421.10 $0. 33976.00 . $34,397.10 Total Min Payment t Due $3,0 CHARM CCRECt peibAc conK"ondir9 9"ice e or g y pwke , Peromnge Pate Fubil0e FOR YOM 7pA71spAC710N, EVERY HOUR, EVERY DAY A. BALANCE TRANSFER, CHECKS .04106% DLY 14.994 $31.326.14 F Irect C=bleat sanMe,cY aM? a 9. ATM, BANK.. .. .... .0410684 DLY 14.991 $0.00 -jff 'tft C. PURCHASES .. ..... . •0410684 DLY 14.99k $2,652.96 Gepomer BaliNaalm rrorcsaMadve;Uau % T - 0. OTHER BALANCES... .. . .000000# OLY 00.00% $0.00 f w PORTHWeNNHGPRra00 rt P 7100-3?lniaations Comae for the Deal) assweice. cap 14.994 yPaauEgp?¦I, A6E 0117E ?IxE,nelUGes rto is Rate And'fransaction Fee F i ntncce Charges) 8Niy nghts arc preseued Coo bg tNYtM Ygiiy Mal bung igWras Fi 9?11.w mSiw i i Nu f v A D A nw G A hgM° ?1 15026 r 0Q1A15 ND 1qISBh1NOr WANKUOCYME7 MOPflaf.TM NPr AN CIAtB ONLT FXA4T OIIRICA+FAPD MAYNOr mICLIWEhUdsArfX WHICH VWCM APPEAR AN PAGE 1 OF 1 WILMINGTON, DE 198511-5026 YNENmPRIAMRava ON YOUR ORIGNAL PER10000 SrATFMPM. 12272005 13:17 MBNR_DEBT_MGMT i 912403863841 0 N0.978 9025 ACCtlunrt FaarA NBRA Platinum Plus 5490 9947 4540 9549 PAyMAw PATE NEW B1 ANCEY AI 04 06/04 ;34,492.85 YCF wT ey„d,d, CARDHOLDER SINCE 2001 $3.160.00 RKA AMERICA 07 P.O. BOX 15137 3L WILMINGTON, of 19686-5137 TOO SHEDLDSKY 6346 N POWOERHORN RD MECHANICSBURG PA 17050-830546 S 003152594002944500000000000OOODODOOOD3449286003160000005490994746409649 S 000287116000251500DOOODOOOOO0000000003449285003160000005490994746409649 ACCOVI WAOF oREOR L9aY 6RCR=AVAILAM CME CL2SIMDATE VAYMLFM M[M PAYAIFM DLE GATE 4 9549 000 IM-00 -0 O6 A?ERENV2 TRAN7ACTIONS 6HARGE9 PREOIfS(tlil r A R TE tWmtmf? ARV C 0219 520040220000002820 MC VENDOR PAYMENT 300.00 CR TOTAL FOR BILLING CYCLE FROM 2107/ZO04 THROUGH 3/06/2004 $.00 $300.00 CR OUR RECORDS SHOW YOUR ACCOUNT Is PAST DUE AND YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS IMPORTANT NEWS A FaMMEMPR= ReWaus -Pgmeats 1 and C l4Ats Balarce + 4s AdvIIOCES + tart a 5 9Ad5VStBent *Petb&RAe Tnns•alatF •Nwmnanev ' fehl Current Payment 5410.00 00 160 53 597 .10 M ;34,.- ;0.00 ;0.00 ;3 75 0.0 , . 534,492.85 Total Min Payment Due - ?E t] e IMCE SCHUMAE Podee& tb s19 VataaA y r g R?e parexaags Rxe F-S CAx9as FOR V01UR SATISFAM OK EVERY HOUR. EVERY PAY A. BALANCE TRANSFER, CHECKS .0410664 DLY 14.994 531,6;9.39 F a Comevt serviov, call `a1 _ - B. ATM, BANK. . ... . .0410464 OLY 14.994 $0.00 C. PURCHASES . .. . 1041068k DLY 14.994 $2,887.14 T g0% oLgwcwtomw svidaotion Rpestnak,sal 70 D. OTHER BALANCES.. . .. . .0000004 OLY 00.00% ;0.00 tl00- 'F 800-?H4ns DevlaefardNDuO assislnee. c9 rca oD rc eun C ro R T x TA?n?LTE 14994 S S ? U w u E Fl Char ) i Fi Ai d T s nanC@ ges ransact on Fee .Blkg dg a" rvgd0*bg wktenngL4 pool 6isg:puuies Include 1[at@ An PR THCPOCD 9PFY A M.RmFaR YOLFFEW rMal dlw.anmw[mwrlSla 15D26 DlLY AND 4 NOT NCr ANDFPgIAttBANKP BAM(PCCUMLNtl. THIS L9PYIl NOf AN TI M.V. 50A ExACrdtnta:ATeAllmmAr NOrmAAUaEA1E4M@ES rNICNAAPCww PAGE 1 OF 1 WILMINGTON, DE 19850-5026 1NEPAPONfAIR mlCN:l(ONYOUR aRR?IAL PLf4001C mYAT EM. 12272005 13:17 MHNR_DEHT_MGMT a 912403863841 N0.978 9026 • MBNA Platinua Plus 11Aaadt 5490 9947 4640 9549 FAYMEM DGE GATE BALANCEm_ 05/05/04 $•00 AL A}yaarch CARDHOLDER SINCE 2001 $.GO MAA n: MRNA AMERICA 07 P.O. BOX 15267 OP WILMINGTON, DE 19886-5287 TOO SHEOLOSKY P 0 BOX 15026 WILMINGTON OE 19850430546 S o03158849o02944$aoooo00000000000000000000000000000D00005490994746409649 S 000290436000253 OOOOD005490994746409549 lltAwOEa C ryytx,7 mOAE CASHOAEAM AVN CYCL? 2SNGDATE M AMLENr ME pAymm GIFGATE W 4 33 05 a0 aE TRwaACnaxs exAAOes OA Cal BA A FATMEN15 O ?KtUllb 0331 NC CHARGE-OFF AWSTMEHT 34,492.85 CR TOTAL FOR BILLING CYCLE FROM 3/06/2004 THROUGH 4/01/2004 $•DO $34,492.85 CA IMPORYANT MEWS E PEesiOUa -Papwnents e anus TIT L64ACEs *y?? TC a3 S {W..?DatEieGt aPed Ran TNnsaQ*mFN CE Gro t BC NBC aAMUBaNnce a3 u! TGW CarEant Payment $0.00 00 34,492.65 539,492.85 $0.00 $0.00 o i0.0 ;0.00 $0.00 Total Min Paywnt Due $0. [INANOl CxAAGfscwjxnE PedD& Conasepondho Balre C1te9crY Ran Amur Subjretro Peremap Ran FPanaeL;.. FOR Y" SA716FAGMK EVERY HOUR. EVERY GAY A. BALANCE TRANSFER, CHECKS .0000001E DLY 00.00% F ewCdnmct serNCe, a9 B. ATM, BANK..... .. . .000000% DLY OO.DO% C. PURCHASES . . . . . . . . .000000E DLY OO.OOk nCWtwnB Bat63aotlen reprcsentaeVa,call • 0. OTHER BALANCES.. ... . OGODOQk OLY OO.OO% $0.00 PoaTNNenLmG M Fffa SEE ABOVE F1°rBDO- T[ slarvsmuriaaNansCWla fw dte0ea{IassutaAw, caA AYNURL PERCEWFABE RATE ... es wwd m Fj bS'a'rittani'TbS MaN 68ag MWinN •BYp h ts ara n p p U w ?L ? es 1 N c , o le d ? . TULNiKCGaOa ?? • W CLWEW DMYA 16G26 fN M6 GM ? tluF O1aYAN1IS MNGaANOFrOALBANK OFFIGMLBANAO OCIaAENf. THBNB GOeOPP1' R NOf AN Ea vmCNAAPEAps/ 1 OF 1 WILMINGTON, DE 19850-6026 PAGE 11y Gf YOEA OtACEGLKLGAT E Nlf m F b w TIIE WWONEAM wa YOUR CROafINALAt nEaIDDIG SfA Nf. fRVd Va/lit" DAl Vi1:i1 VAA 111 141 Vi1i L C r, I L , ., September 10, 2004 To: Wolpoff& Abramson AluxuurrrxxrMaxa Re: File # 108600147, Tod Shedlosky To Whom It May Concern: P,C) 7i CZ, mo At the advice of our personal Bankruptcy attorney, they are asking we to communicate directly with one of your associates before we start the filing procedures to hold down all related "filing" costs. I have budgeted certain monies available to "settle" some of our outstanding personal and business debts. I would Wte to settle this debt before I file or it reaches a suit status. I have other suits pending. I have no business income and the business in currently closing. I can submit tax reoords to substantiate this. I have S 2000.00 available to settle this immediately. Please contact me to discuss. 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RE: Attorneys in the Practice of Debt Collection Forum File Number: FA0410000339913 Two Irvington Centre Claimant File Number: 0108600147 702 King Farm Blvd. Account No.: 5490994997456611 Rockville, MD 20850 Card member Agreement Type: NEXT90 CLAIMANT, Tod Shedlosky 6346 N Powderhom Rd Mechanicsburg PA 17050-8305 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 $31340.44 , as reflected in the attached account summary, plus interest of $949.85 as of the date of filing, and at 6.00%n thereafter. 3. Despite repeated demands for payment, Respondent(s) has/have not paid the amounts due. is 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 $4701.06 , if allowed by law, equaling 15%n 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: Bruce H. Cherkis, Esq. ADMITTED: (MD, DC, PA) Counsel for the Claimant If Respondent or counsel wishes to contact Claimant, please call or write: Paralegal Department Wolpoff & Abramson, L.L.P. IT • Two Irvington Centre 7,f 702 King Farm Blvd., 5th Floor; j Rockville, MD 20850 1J} 1-8 00-830-2793 `w1 I/+U NAFCLM/NAF3 76A 2982 • SUMMARY OF ACCOUNT INFORMATION ACCOUNT STATUS REPORT Date Filed: 10/08/2004 Account Number: 5490994997456611 Cardmember Agreement: NEXT90 Primary Account Holder: TOD SHEDLOSKY Address: 6346 N Powderhom Rd Mechanicsburg, PA 17050-8305 Home Phone: Work Phone: Social Security Number: 171388414 Secondary Account Holder: • Address: Home Phone: Work Phone: Principal Balance: $31340.44 Interest Rate: 6% Dale Assigned: 04/11/2003 INFORMATION DRAWN FROM ACCOUNT RECORDS AND CURRENT AS OF THE DATE FILED • 76A NAFCIA/NAF3 2983 • 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-FORUM.COM 76A NAFCL5/NAF3 .. C df-G ovi y 7 December 14, 2004 To: The Forum Re: Wolpoff & Abramson Arbitration Forum # FA0410000339913 I am asking for an extention for an additional 30 days to continue this case. I am in the process of locating an attorney to handle this matter on my behalf. I will notify you within the next 2 weeks of my attorney's representation. Th- u, To/d a sky EEXHIBIT Vii is W NATIONAL ARBITRATION FORUM" Tod Shedlosky 6346 N Powderhorn Rd Mechanicsburg, PA 17050-8305 MBNA America Bank, N.A. c/o Wolpoff & Abramson, L.L.P. Ronald M. Abramson, Esq. Attorneys in the Practice of Debt Collection 702 King Farm Blvd. Two Irvington Centre Rockville, MD 20850-5775 RE: MBNA America Bank, N.A. v Tod Shedlosky File Number: FA0410000339913 Claimant File Number: 5490994997456611 Claimant Reference Number: 0108600147 Dear Parties: The National Arbitration Forum has received your Request for an Extension. 1 •{ T..y 1 ?ZI Per Rule 13C of the Code of Procedures, you can obtain ten more days to respond to an initial claim at no cost. After review and consideration of the request, the Director has granted the extension. There is a $10.00 fee for all other Extension Requests. Please submit this fee to the Forum immediately and your extension request will be reviewed. The Response is now due by December 30, 2004. Sincerely, 0&41e14jjV0-1-- Laura Johnson Case Coordinator December 20, 2004 11 .. c....., on i ice RRAAA.n10i mm AT AR; ML RRi R31 37IN1 v.v R81 631 ORN E IIII NATIONAL ARBITRATION FORUM A R B I T R A T 1 0 N- F 0 R U M. C 0 M RE: MBNA America Bank, N.A. v Tod Shedlosky File Number: FA0410000339913 Claimant File Number: 5490994997456611 Claimant Reference Number: 0108600147 1. The undersigned does solemnly declare and affirm under the penalties of perjury that the contents of this document are true and correct and that I am competent to testify thereto. 2. I am the Legal Counsel of the National Arbitration Forum and supervise arbitration proceedings, including the issuance of Awards entered by the National Arbitration Forum involving matters submitted by Parties for arbitration. I keep and maintain the records of arbitration proceedings in the normal course of business of the National Arbitration Forum. 3. That it is the regular business practice of the National Arbitration Forum to record and keep records of all Awards entered between Parties submitting claims for arbitration. 4. Attached hereto is a true and correct copy of the Award entered in the case of MBNA America Bank, N.A. v Tod Shedlosky, FA0410000339913. 5. That the attached Award has been entered in the record of the National Arbitration Forum contemporaneously with the receipt of the Award from the Arbitrator. 6. That the attached Award was issued to the Parties pursuant to the normal course of business of the National Arbitration Forum. Date: October 18, 2005 National Arbitration Forum lle Ehrenstrom, Legal Counsel • EXHIBIT 1D PO B 0 % 5 0 1 9 1 M I N N E A P O L I S U S A 5 5 4 0 5- 0 1 9 1 PHONE 800.474.2371 FAX 651.631.0802 W W W. A R 9 1 T R A T 1 0 N- F 0 R U M. 0 0 M 0 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 Tod Sbedlosky File Number: FA0410000339913 Claimant File Number: 5490994997456611 0 • Tod Shedlosky 6346 N Powderhorn Rd Mechanicsburg, PA 17050-8305 RESPONDENT(s). The undersigned Arbitrator in this case FINDS 1. That no known conflict of interest exists. 2. That on or before 10/07/2004 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 $37,698.22. Entered in the State of Pennsylvania Ho rab Jack M. Marden Arbr or ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly a and the Forum hereby i tbl4 , was sent by first certifies that j?e2 to P ies at the above class mail pos aid referenced a e re entatives, on Date: 01/18/2005 COPY Honorable Harrold'Kalino, Ret. Director m .y JAN ; (,) 2096 Null VV' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., No. 05 - 4763 Plaintiff CIVIL TERM Vs. TOD SHEDLOSKY, CIVIL ACTION - LAW Defendant PRAECIPE TO THE PROHTONOTARY OF CUMBERLAND COUNTY: Kindly make the deposition dated February 8, 2006, of Christian Hobbis, part of the record in this matter. Respectfully Submitted, OA ? Q Andrew C. Spears, Esquire ID No. 87737 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 (717) 303-6752 Counsel for Plaintiff LAW OM M )PP k ABR 14, LLP. 'NEn IN THE PR M4M 'DE11T COL MON W TRINDLE ROAD THIRD FLOOR :AMP HILL, PA IM11 111+903-8](X) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MBNA AMERICA BANK, N.A., Plaintiff, VS. TOD SHEDLOSKY Defendant. DEPOSITION OF: TAKEN BY: BEFORE: DATE: PLACE: : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION : LAW NO. 05-4763 CHRISTIAN HOBBIS Plaintiff Tracy L. Lee, Court Reporter-Notary Public February 8th, 2006, p.m. 4660 Trindle Road Camp Hill, Pennsylvania APPEARANCES: WOLPOFF & ABRAMSON BY: ANDREW C. SPEARS, ESQUIRE FOR - PLAINTIFF MARTSON, DEARDORFF, WILLIAMS & OTTO BY: HILLARY A. DEAN, ESQUIRE FOR - DEFENDANT ALSO PRESENT: Tod Shedlosky teporting Services • 717-258-3657 • 717-258-0383 fax courtreporterr4u @aol. com 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 INDEX TO TESTIMONY DEPONENT EXAMINATION PAGE Christian Hobbis By Mr. Spears 3,29 By Ms. Dean 21,33 INDEX TO EXHIBITS NO. DESCRIPTION PAGE I Credit Card Application 10 2 CIS Report 10 10 25 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHRISTIAN HOBBIS, after having been first duly sworn, was examined and testified as follows: MR. SPEARS: I know you testified before, but just some quick instructions before we start. If you don't hear something, please ask me to repeat it. If you don't understand a question, please ask me to rephrase it or speak slower, so that way if you answer a question, we can confirm that you both understood it and heard it. Does that sound fair? THE DEPONENT: That's fine. MR. SPEARS: And obviously answer verbally so she can take down any responses. EXAMINATION BY MR. SPEARS: Q. Can you state your name and your current address for the record? A. Christian Hobbis. My work address is 655 Paper Mill Road, Newark, Delaware. Q. What's your current position? A. I'm a personal banking officer with MBNA in charge of the arbitration processing team. I also manage a relationship with one of our collection law firms and arbitration law firms called Mann Bracken, 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 L.L.C. And then I also act as a witness in all in-person hearings across the United States. Q. How long have you been in that position? A. I've been with MBNA for eight and a half years. In this position, arbitration, roughly two years. Q. Is it fair to say that you understand the MBNA credit card process? A. Yes, I'm very familiar with the process. I've previously worked as a credit analyst. So I've approved thousands of applications for the company and previously worked in collections, also was an educator for the company. So I got quite a bit of experience in all fields. Q. As far as a MBNA account, can you briefly tell us the different ways a MBNA account can be issued or opened? A. Certainly. There are a number of different -- I guess, we call -- information areas where we can get accounts out to customers. There is direct marketing, relationships through affinity groups; there's internet applications; there's direct (promotions; and there's take-ones, where a customer can actually grab an application from the store location. Q. Okay. Now, when a customer applies for an 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 account, could you tell us what the approval process is for that? A. Certainly. A customer completes an application that's sent into MBNA, either by mail, or it's taken over the internet. Demographic information is taken about the customer, such as social security number, mother's maiden name, place of employment, income, total household income, any of the judgmental information that would be needed in order to make a judgmental decision on that. A customer's credit file would be pulled. A (review of the credit history would be considered. (Things such as FICO score, total revolving debt, a mortgage that might be on file, history of delinquency is considered. It's all a judgmental decision. Q. And if they are ultimately approved, how are they notified? A. They are notified through the mail. If it's over the phone, it can be instant approval. They would be advised right there on the phone. They're notified through the mail when they receive a card in the mail. I If they are declined, also they would receive a decline letter, and also the subsequent credit bureau reasons why they were declined. Q. Is a credit card agreement issued with the 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i account? A. Yes, it is. Q. Could you explain the timing of the approval, the issuance of the cards, and when the credit card agreement would go? A. Certainly. Actually there's two parts to it. The actual credit card application does contain standard federal disclosures regarding, like, interest rates, things like that. Once a card is approved, it roughly takes about, I guess, 7 to 10 days from the time that the credit analyst makes a decision until the time that a plastic is created, generated, and then mailed to the customer. The credit card terms and agreements are, in fact, sent also with the plastic that is sent out to the customer. Q. And how is the credit card agreement sent? Is it sent US Mail? A. It's sent via US Mail with a credit card to the address that was provided by the customer at the time that the demographic information was taken with the application. Q. Okay. And does this apply across the board to every type of account issued by MBNA? 7 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1°_ 2C 21 2? 2; 21 2`. A. Yes, it does. And, of course, MBNA will also do address verification based upon what matches with the credit bureau and then what matches -- typically, we use skip-tracing data or procedures such as Choice Plan or First Pursuit, things like that. Q. In the case of someone applying for a balance transfer, would the credit card agreement be issued prior to the balance transfer? A. Prior to the balance transfer? The balance transfer might -- the information might be taken at the time that the account is applied for, but it technically wouldn't be active until the customer receives the card. Q. Now, what would happen if a credit card agreement was returned for an insufficient address or something like that? A. Well, then the card and plastics actually would have been returned also, and then there would have been no activity on the account. Q. So in a case of a balance transfer, then the transfer most likely would not go if the credit card agreement was returned? A. Absolutely not. Q. Now, a credit card agreement that would have 8 0 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1° 2C 2] 2? 2; 2L been issued after 2000, does that contain an arbitration and litigation provision? A. Yes. Actually MBNA amended all of its accounts in December of 1999 to add the arbitration clause. So anything after December 1999 -- all credit card agreements for the company contain the arbitration clause. Q. What does that clause entail? A. Basically the clause states that it allows for arbitration through utilization of the National Arbitration Forum. Q. Could you explain just briefly for the record what that is? A. The arbitration process allows the customer -- if the customer has disputes or the company has disputes -- to meet with the third party, kind of like an arbitrator, just to solve the resolution, come to an amicable resolution, and hear it for both parties. Q. I'm going to give you what we've previously marked as -- MR. SPEARS: I'm sorry. You don't need to see these statements, do you? MS. DEAN: No. MR. SPEARS: It's been previously marked as 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Shedlosky 1. So I'm not going to introduce it. BY MR. SPEARS: Q. Would you just look at those documents real quick? A. Okay. Q. Would you be able to identify for the record what exactly those documents are? A. Certainly. These are identical copies of the monthly invoice statements that are generated and sent to the customer. In this particular case -- THE DEPONENT: How do you pronounce your last name, sir -- to Tod Shedlosky at the 6346 North Powderhorn Road in Mechanicsburg, PA 170 -- looks like 60. They contain information regarding debits and credits as they occur contemporaneously with the transactions on the account. It's actually -- the first statement that we're looking at has a payment date of July the 7th, 2002. It shows a direct deposit or, what we call, a balance transfer in the amount of $29,950. It also shows a credit protection fee that was assessed on the account. Q. Are you able to tell from looking at those statements how the account would have been opened? A. As far as how the account would have been 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 opened? Q. Right. Regarding whether it would have been over the phone? A. No, no, not without seeing a copy of the application. Q. I'm going to give you what, I guess, we'll mark as -- MR. SPEARS: Do you want to mark it as MBNA 1? Is that fine? MS. DEAN: That's fine. MR. SPEARS: You can mark this. And you can mark this as MBNA 2. (Exhibit Nos. 1 and 2 were marked.) BY MR. SPEARS: Q. All right. Just for the record, could you look at what we've marked as MBNA Exhibit 1 and identify what that is? A. Certainly. This is an actual copy of Tod Shedlosky's credit card application. This was a direct mail application that was sent to him at his house. It was completed by Mr. Shedlosky and contains information such as social security number, his date of birth, home phone, mother's -- well, actually his employment information and income information. Q. Is there a signature on this application? 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Bear with me one second. Yes, there is. Q. Underneath the signature, is there any reference to the arbitration provision? A. Yes, there is. Q. Could you read for us for the record what that states? A. I do not have my glasses with me. Q. I'm sorry. A. Sorry. It's -- I'm going to have a hard time seeing that. I apologize for that. Q. That's fine. A. But there is an arbitration provision on the lapplication. I{ Q. Are you familiar with applications from I MBNA? A. Yes, I am. Q. Okay. A. As I said previously, I was a credit analyst and have decisioned thousands of applications. Q. Is there a required reference to the agreement underneath the signature? A. Yes, it's actually complying with federal law. Q. So looking at both the account statements and the application, can you now tell us how this 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 account was opened? A. Yes, certainly. It was a direct mail application that was completed by the customer and sent in back to MBNA. Q. What type of account was the customer opening? A. It was a Master Card account. Q. Now, looking at the application and the statement, can you tell what type of charges would have been made on this account? A. Well, looking at the individual statements, absolutely. I mean, they walk through the charges -- not so much from the application. We do see, you know, all of the various charges; direct deposits that were made by going through the statements; payments that were reflected and made by the customer. Q. I'm going to give you what we've marked as MBNA 2. Could you just look at that and describe for us what that is? A. Certainly. This is our copies of MBNA's computer system. Our screen, what we would call, our CIS system on MBNA IS. This is MBNA's internal computer system which is used to maintain all information regarding customers' accounts, their 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 identification information, and also any interactions that occur with the customer. Going through, you factually flip the first page. You see the first page is what is called the CIS notes. These are permanent I record of notes that are taken by MBNA. And, actually on the first date that's listed, which is February 18th of 2001 at 10:47 in the morning, you see that the customer called in in reference to an inward balance transfer. Where it states inward balance transfer, he called in and we sold a direct deposit to the customer in the amount of $20,000. And next to it, there's an associated fee of $30 which was charged for that customer completing a direct deposit. So at that point, the customer had gone to a financial institution and taken out cash on the credit card. Q. What was the date of the cash or the withdrawal? A. The 18th of February. Q. And what was the amount? A. $20,000. Q. Now, looking at those CIS notes, would you be able to tell if there was another significant balance transfer or withdrawal? 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yeah. And We actually have to flip to the next page which takes us to May 23rd of 2002 at 9:47 a.m. There was another ACH or cash withdrawal on the account in the amount of $29,960 and, of course, the corresponding fee of $40. The fee is generated based upon the amount of the cash taken out on the card. Q. And would these balance transfers also show up on the statements that you've previously identified? A. Yes, they are consistent with the ones that are reflected on the statements. Actually, the first statement page, July 7th of 2002, does reflect the $29,960 cash withdrawal. So the comments are consistent with the statements that were sent to the customer. Q. And could you also testify a little bit for us regarding what happens in terms of default of an account? A. Certainly. There are various stages of delinquency, what we called, 5-day, all the way through 180 days past due. When a customer calls 5-day, MBNA we'll initiate contact attempts actually the whole time the customer remains delinquent up until the point at 180 days past due. If they have not made seven consecutive 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 months of payments, if they fall beyond 180 days past due, the account will be written off as a bad debt, or what we call, charged off, which is the case that occurred with this. Q. Are you able to tell when it went into default from the review of those notes? A. From the initial date that it went into the default -- this does not show the delinquency history. So it doesn't show the actual first date that it went into default. But these statements do indicate that the account was, in fact, charged off. At that point MBNA does issue a new account number to the account for tracking purposes to show that it has been written off as a bad debt. And you also see the status. There's an 0 with an asterisk on the front page that indicates a charged-off account. Q. Does it say what date it was charged off? A. That would be consistent with the LS date which was March 30th, of 2004. Q. And does it -- THE DEPONENT: That's on the right-hand side. MS. DEAN: I see that. Thank you. BY MR. SPEARS: Q. Can you tell from either the CIS notes or 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the statements what the amount due at the date of charge off was? A. Yeah. And that actually is reflected typically in the CIS comments. I'm not sure if I brought comments for both accounts or for both screen I prints. Bear with me one second, if I do have that amount listed here. No, that's not shown here. Q. What about on the statements themselves, would that show the amount of charge off? A. The statement should reflect, what's called, the charge-off adjustments on the very last statement (prior to the actual charge-off date. So let me flip to that. And we do see that charge-off adjustment on the very last statement of what you have listed as the first exhibit or the second exhibit. It's $34,492.85. Q. What was the date of that last statement? A. The date of this last statement is -- the date of the charge-off adjustment was on March 31st. The date of this statement has a payment due date of May the 5th, 2004. Q. Let me just shift gears a little bit. I want to talk about the credit card agreement that would have been issued with this account. What type of credit card agreement would have gone to this 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 particular account? A. MBNA's standard credit card agreement. MBNA's credit card agreement contains -- no matter what the marketing group is, the verbiage from credit card to credit card that's contained in the credit card agreement is consistent. The appearance might vary depending upon the marketing group. NEA might want it to appear a certain way. AAA might want it to appear a different way as far as the formatting. But the verbiage is consistent from every single credit card agreement. Q. I'm going to hand you what we had previously marked as -- MR. SPEARS: Do you recall what we marked the credit card agreement? MS. DEAN: Shedlosky 3. BY MR. SPEARS: Q. I'm going to hand you what we previously marked as Shedlosky 3. A. Certainly. Q. If you would, please review that for us and explain what that would be. A. Yeah. This is the standard MBNA credit card agreement. It contains the same verbiage information regarding privacy notice, who you may contact with us, 18 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 22 2? 24 2` default of the account, benefits of the account. That contains a clause, a state law provision, that Delaware state law governs the account. It contains the arbitration clause, information about account fees and charges, all things that apply to the account. Q. Does this particular credit card agreement contain the arbitration provision that we previously discussed? A. This one -- bear with me one second. This one, in fact, does. Q. So based upon your review of the application and your notes and the statements, is this the credit card agreement which would have been issued with this particular account? A. That's correct. Q. And would this credit card agreement have been sent to Mr. Shedlosky? A. This was sent at the time that the account plastics were sent to the customer. Q. Now, I believe you testified that a balance transfer of $20,000 was originally made or a cash withdrawal was made on this account? A. A cash withdrawal. Q. When would the credit card agreement have gone to Mr. Shedlosky in reference to that cash 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 withdrawal? A. The credit card -- the actual -- the credit card agreement would have gone to Mr. Shedlosky at the time of the open date on the account. The open date here was February the 12th of 2001. So he should have had it within a few days after that date. Q. Again, for the record, what was the date of the first activity on the account? A. Bear with me one second. It was actually an inbound. The date was February the 18th. So the open date was February the 12th, and actually we allow 6 days -- 5 to 6 days for mailing for the credit card. So actually the dates are perfectly consistent with our standard time frame. So The open date was February the 12th of 2001. The customer actually took the deposit of $20,000 on February 18th, which is 6 days later. Q. And would the credit card agreement had been sent to the same address that is listed on the statements of the account? A. That's correct. They're sent with the card to the address that's listed on the statements. Q. And, again, if the address was incorrect and the credit card agreement was returned, would that cash withdrawal by Mr. Shedlosky been authorized? 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. He would have not even been able to initiate that because the account would have been flagged as a bad address. And we do that for preventing potential fraud on accounts. Q. Now, when this particular account went into default, what would the process then be from MBNA's perspective? A. Default to the point where it had charged off or delinquent? Q. Charged off. A. Once the account had been charged off, the account would have been referred to the arbitration unit in order to be placed with our outside counsel, Wolpoff & Abramson. The customer -- it depends. There's two processes. The customer can either resend an intent-to-arbitrate letter which gives them an option to make a payment; that's if the account is not discharged off. At this point the customer's account had already charged off. So we don't send letters on those because there's no longer the option of making a payment on the account at that point because we're referring it directly out to the attorneys. Q. And what is your understanding of what happens once it is referred to the attorneys? 21 0 2` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2? 24 A. Once it gets referred to the attorneys, they will commence collection efforts, at the same time, depending upon their procedure, filing a claim with the National Arbitration Forum. Q. So ultimately an arbitration claim would have been filed with the National Arbitration Forum? A. That's correct. Q. I'm going to hand you what we've previously marked as Shedlosky 6. Could you please glance at that? A. Certainly. This is a confirmation of an award on this particular account that was received from the National Arbitration Forum. It has a dollar amount on it. The total amount of the award was $37,698.22. And this was issued on January 18th of 2005. Q. Based upon the experience you've testified to and your knowledge with the process for MBNA arbitrations, was this award issued pursuant to MBNA's credit card agreement and process? A. That's correct. MR. SPEARS: I have nothing further. EXAMINATION BY MS. DEAN: Q. Mr. Hobbis, my name is Hillary Dean. I 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 represent Tod Shedlosky. I don't have a whole bunch of questions for you. If you look at that MBNA 1, which it looks like a fax transmittal. Now, you're saying this is Mr. Shedlosky's application for the credit card? A. That's correct. Q. Would there be more, like, pages to this, or would this be the only paper? A. No, this would be the only paper. Q. Okay. And he wouldn't have anything that he (tore off and kept at home like a separate part of this application? A. No. Q. Okay. When did you say that Tod would have gotten his credit card agreement? A. At the same time that he received the credit card in the mail, the initial welcome package to MBNA. So roughly 6 days -- 5 to 6 days depending upon, you know, mailing. We typically allow 5 days for any mail to be received or sent to MBNA, according to US Postal Service standards. So he would have received it roughly -- I think, I said the 17th or the 18th, so probably the day before he called in to complete the $20,000 deposit into his checking account. 23 0 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Q. Okay. Now, there wouldn't be a copy of the credit card agreement attached to the actual application, would there? A. No. Q. Okay. And you sent these via US Mail? A. Yes. Q. And how is it that MBNA typically notifies their consumers or their customers about the arbitration clauses which are in the credit card contract? A. It's in the credit card contract that is part of the terms and agreement. Q. So besides what is in this credit card agreement, there would be no other notification to them about the arbitration clauses? A. Absolutely not. It's in the terms and agreements which are really self -- they speak for themselves. Q. I believe this one -- you were just looking at it -- it's the copy of an arbitration award. I have the original, if you would like to look at that one. The second page, the award, I see two signatures on that. Would you admit that those signatures are electronic or would you say that those were actually real signatures? 24 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I can't tell from the copy that's provided. Q. Here's the original that he received. A. I think they look 100 percent real. As opposed to electronic? Do you mean like a digital image? Q. Yes, printed by a computer or electronic image. Or did somebody actually sign that piece of paper? A. I'm not a handwriting expert. I would say they look signed to me, especially since the digital image actually crosses over the typewritten image on there. Q. So you would say that was a aigital signature or -- A. No. The signed image crosses over the imprinted image there on the bottom where it says honorable. You see that it actually crosses through the N and the 0 and directly over the top of the E. Q. Okay. So you would say that these would be real signatures then? A. Yes. Q. And what about the one right here to the right? A. I stated for both. Q. Okay. For both. Okay. How are the 25 M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 arbitration awards sent typically? A. The awards sent? I Q. Uh-huh. A. There are various -- they're usually served on a customer. They can be sent through the mail; they can be individual service to the customer through sheriffs; they can be sent via FedEx or Signatures Requested. There's various routes. Q. If you look at that one, would you admit that that was sent via US Mail? A. I can't testify to that. There's no indicator. Q. How about if you look at the original, if you look at the first page? A. There is nothing on here that indicates to me how it was served, unless I'm missing something. Q. Why don't you go ahead and read the letter there. A. Enclosed and served upon you by US Mail. Okay. So it states that it's served by US Mail. Q. Okay. So you would admit that? A. Yes, that it states that, correct. Q. And is this the exact credit card agreement that Tod Shedlosky received? A. I'm not sure if it's the exact one. As I 26 0 25 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 testified to earlier, the appearance is different depending upon the particular relationship. The verbiage contained in that agreement is the same as any agreement that MBNA has. Q. So MBNA has several different forms of the same agreement? A. Multiple different forms of the same agreement. Q. How many would you estimate? Over ten different forms? Or -- A. I'm not sure exactly. Q. So you can't be 100 percent sure that this exact agreement was the agreement that Tod received, but he received an agreement? A. As I said, the verbiage in each agreement is I the same. So the verbiage that he received would have been identical to the verbiage in that. As I've testified to previously, the format might have been different. Q. Okay. I just have a couple of questions about this thick packet here of these statements. And this was Shedlosky 1. Would these have all been sent to Mr. Shedlosky in the mail? A. The statement individually? Q. Yes. 27 ?J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2-- 24 2_` A. Yes, on a monthly basis. Q. Okay. So he should have received a copy of each of these? A. On a monthly basis, he gets every single copy of the statement that's provided. Q. Okay. What would you do with one of these that might have been returned for an incorrect address? A. If it was returned for an incorrect address? Q. Yes. A. Actually, the computer system would have advise us that they're -- actually, if you refer to Exhibit 2, MBNA 2 -- Q. Okay. A. -- where it says mail code on the front 1 page. Q. Okay. A. There would be an N in that field instead of a P. Q. What does the P mean? A. I'm not sure what the P means. I think it has to do with the charge-off account. But there would be an N which indicates incorrect address for the customer. Q. Okay. So if he didn't receive one of these -- 28 ?J 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 22 2-- 24 2` A. That field -- Q. -- it would show that he had not received one of his statements? A. That's correct. Q. Okay. If you can just look at the last page. I am just a little bit confused. would it go to the address that was stated on the actual, you know -- where they have his address, Tod Shedlosky? All the other ones have 6346 North Powderhorn Road. What the address is on the statement is where it would go, correct? A. That's correct. Whatever address is on the statement is where it would go. So it looks like this final statement -- it's a P O box. But this last statement that shows the charge-off adjustment, this last one is only MBNA's internal record; that does not go to the customer. The customer does not need to know that information. So this is MBNA's record. Q. Okay. So that would explain why he would actually not get that? A. That's why you have a different address also at the top, which is what you're questioning? Q. Yes, yes. I was kind of wondering -- he wouldn't get that statement; that would be an internal? 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. That's correct. Q. But the rest of the statements he would have received a copy? A. That's correct. Q. And that would be just via US Mail? A. That's correct. Q. Okay. MS. DEAN: I have nothing further. MR. SPEARS: I just have a few follow-up questions. EXAMINATION (cont'd.) BY MR. SPEARS: Q. I believe Mr. Shedlosky's counsel asked you some questions regarding arbitration notification, particularly whether he would have received any other notification on the arbitration provision. If you could please look back to MBNA's Exhibit 1. I know you don't have your glasses. A. Yeah. I stated that the information, the arbitration information is on the application. I testified to that earlier. Q. Right. And did you testify -- and does the application provide, that by signing that agreement, they are abiding by the terms of the credit card 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 agreement including the arbitration provision. A. Yeah, the actual application. And then contained on the back of the credit card, there's a statement: By using and signing this card issued pursuant with license and agreement by Master Card, the customer agrees to the terms and conditions of the issuing bank's credit card agreement. So not only by signing the application, but by use of the card, the customer is binding them self to the credit card agreement. Q. Okay. I realize you don't have your glasses. MR. SPEARS: So with no objection, I'm going to read that for him. MS. DEAN: No objection. BY MR. SPEARS: Q. Looking at MBNA Exhibit No. 1 underneath where Mr. Shedlosky signed, it states: My signature means that I agreed to the conditions on the reverse side of this form and be bound by each of the terms of the credit card agreement including arbitration. Is that consistent? A. That's consistent with what I know about the applications, yes. Q. So would it be fair to say that a person 31 0 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 signing that is agreeing to the arbitration provision? A. That's correct, as well as use of the account. Q. Are you familiar with the NAF Code of Procedure? A. I don't deal with that. We leave that up to the attorneys. Q. Once an account is referred to my office, the handling of the NAF Procedure would be left up to the attorneys? A. That's correct, 100 percent. Q. Therefore, you cannot testify how service should be effectuate of the award? A. I cannot. I'm just familiar with, you know, through conversations with the law firm that I managed of the various methods that they can use for service. Q. And there was some questions by Mr. Shedlosky's attorney regarding the credit card agreement. Again, can you reiterate what you had testified to regarding the verbiage in the credit card agreement by MBNA, particularly regarding the arbitration section? Do they ever change the language of the credit card agreement? A. Well, MBNA does maintain the right to modify the credit card agreement. And that's listed in the 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 terms and the agreements. So, at any point in time, we can modify the agreement. Typically, if we make modifications, the customer is given the option to opt out by sending in an opt-out form or letter to MBNA. On this particular account, when the account was opened, if the customer had opted-out of arbitration, the account would have been immediately closed. Q. And there are no amendments made to this particular account. This arbitration provision would I have been contained in the original agreement? A. That's correct. Q. And how do you know that? A. That there was no additional amendments? Q. How do you know that the arbitration provision would have been in this original agreement? A. Because the initial arbitration went out in December of 1999 to all MBNA customers. All subsequent I applications for credit with MBNA contained the I arbitration provision and clause after that date. Q. And you testified that there were several different formats to the agreement. However, it was your testimony that the language of each agreement (remains the same? A. The language is identical from application to application. The appearance may vary just depending 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 upon a particular affinity group, of which we have, you know, probably thousands of different affinity groups. Some like it to look a little fancier than others. MR. SPEARS: I have nothing further. EXAMINATION (cont'd.) BY MS. DEAN: Q. I just want to be straight with one thing. So Mr. Shedlosky would sign and fill this form out first, send it in to you, and then be approved for a credit card? Or your company would make a decision on whether or not he was approved? A. He would complete this form. This form was sent to him based upon some prescreening criteria or a particular group that he might have been involved in. Somehow we had his name as a potential candidate for a credit card. He filled out the demographic information, his social security number, mothers's maiden name, income information, employment information. Based upon the information Mr. Shedlosky provided, as well as a review of his credit bureau that was pulled at the time that the application was received, we made a judgmental decision based upon his credit worthiness at the time and then would have assigned a credit line to 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 him. Q. And you would have notified him of that by sending the credit card terms and agreement and the card in the mail? A. That's correct. Q. Okay. So he would have seen that after he filled this out? A. Absolutely. Q. Okay. A. He would have filled this out and then received the welcome package roughly 5 to -- we're allowed 21 days technically to get the card out to him or typically 5 days. And that's consistent with the CIS comments. Q. But the actual paper itself, the application, is just that? Nothing else? He would have had nothing else to read at the time? Just that? A. He would have received just this. MS. DEAN: Okay. That's all I have. MR. SPEARS: Nothing further. (The deposition concluded at 10:10 a.m.) 35 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 0 25 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. I, Tracy L. Lee, a Court Reporter-Notary depositions in the trial of causes, and having an office in Mechanicsburg, Pennsylvania, do hereby certify that the foregoing is the testimony of CHRISTIAN HOBBIS. I further certify that before the taking of questions and answers were taken down stenotype by the said Reporter-Notary, approved and agreed to, and afterwards reduced to computer printout under the direction of said Reporter to the best of said Reporter's ability. I further certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the within deposition, and that this copy is a correct transcript of the same. In testimony whereof, I have hereunto inscribed my hand this 24th day of February, 2006. COMMONWEALTH OF PENNSYLVANIA ^ Notarial Seal _- /_ _ G'. L -------------- Tracy L. Lee Notaaryry Public T r a L. e HamptonTwp.,NrnberlandCounryry Court Reporter-Notary Public My Commission Expires Nov. 12, 2) 7 9 ill IW Wd Notsda11aaa 0£;10 eh 9002-Z Nbf ?-zi-rmt ;w°aj sa:z2 - X120-1 CUSTOMER INFORMATION SYSTEM * 5490994746409549 TOD*SHEDLOSKY CURBAL: .00 CYCLE: CR LIN: .00 STATUS: 6346 N POWDERHORN RD TEMP: .00 OLD LIN: AVAIL: .00 NO CARD: MECHANICSBURG PA 17050 SS #: 171-38-8414 CD TYPE: NOW DUE: .00 DELI: 03 .00 • DEL2: 01 .00 DEL3: 14 .00 HIST: XXXXXX XXXXXXX WKCD: HIGH SAL 34492.85 D.O.B: HOME PH: WORK PH: L/S ACCT: W/B REGS: PAY 1: 01/11/60 MAIL CD: 717-697-8505 FLAG 717-737-5335 SEX CD: 5490994997456611 .00 MD 02/07/06 USA 15:36:10 0000000000000000 CHANGED: 03/31/04 CHANGED: 02/12/01 LAST RTL: 07/15/03 OPEN DT: 02/12/01 ADDR CHG: 00/00/00 REIS DT: 06/12/02 STMT DT: 04/07/04 L/S DATE: 03/30/04 HOT DATE: 00/00/00 EXP DATE: 02/05 C CNV DT: 00/00/00 07 N 0* 000 01 A P N PAY 2: .00 NEW ACCT TRANS: SPEC PAY: .00 CNV ACCT: TOTAL PAY: .00 CORP ACCT: LAST SAL .00 LAST PAY: L YR F/C: .00 LPAY DATE: PARTNER ACCT TIER: REAGE DATE: HANDS OFF IND: N WHERE: SAVINGS: PFI=CARDHOLDER MAINTENANCE PF6=LAST ALPHA INQUIRY 4-m 1 MBNAIS 10.49 300.00 COAP IND: LENDER ID: A49D 02/20/04 COAP CDS: 00 ALIGNED: 001 00/00/00 CREDIT REPORT: N BOLLINGEN CREDIT BUR ID: 0000000000 PRD TP 9 1 DISPUTE IND: PA1=BEGIN AGAIN ENTER-PG2 C/H DISPLAY PA2=SYSTEM MENU CLEAR TO QUIT JDIN .24.90 TN0I4638 2/31 EXHIBIT c? a-ss-OL T? X200-0 TOD*SHEDLOSKY DATE TIME OPER _ P 021801 1044 BCUCVT _ P 021801 1047 BCUCVT _ P 021801 1047 BCUCVT P 021801 1047 BCUCVT P 021801 1050 BCUCVT P 021801 1050 BCUCVT P 022001 1347 RU90EB _ P 091801 1220 ADMMAB _ P 102501 0946 VELJXD _ P 052302 0943 HTA-284 _ P 052302 0943 HTA284 _ P 052302 0951 IBTDZC _ P 052302 0951 IBTDZC _ P 052302 0945 IBTDZC _ P 052302 0947 IBTDZC ** CAN'T PAGE BACKWARD CUSTOMER INFORMATION SYSTEM MD 02/07/06 * 5490994746409549 * USA 15:36:17 CURBAL: .00 CYCLE: 07 N 0000000000000000 CR LIN: .00 STATUS: O* CHANGED: 03/31/04 ------------------- COMMENTS PAGE .0001 ---------------- TOD SHEDLOSKY I TD BOCA INWARD BALANCE TRANS NO CHANGE PROMO 200012050 1.70/1.70 CR 06/2001 APT DC1 SLD ACH TOD SHEDLOSK /$20000.00 /FEE $30.00 /02182001 0130246507 231382267 VER: MMN, SSN DIRECT HIT,NA,NA,NA,NA CCO FROM 6102540273 RHO PIN MICRO ENTERPRISES/PRESIDENT/225000/-/3000 RISK DETECTION-REVIEWED/NO ACTION-REFERRAL-VENTILE 6-20 CRM : BALANCE TRANSFER Solicited Successfully TOD SHEDLOSKY - CRM TRANSFER TO 13-BALANCE TRANSFER CRM : CREDIT PROTECTION (DIR EM) Solicited Successfully TOD SHEDLOSKY I TA BELFAST INWARD BALANCE TRANS NO CHANGE PROMO 200205083 CR 102002 DLQ DC1 PAST START OF COMMENTS ** PFS=FIRST COMMENT PF9:LAST COMMENT PF10=PAGE FORWARD PF11-PAGE BACKWARD PA1=BEGIN AGAIN PA2=SYSTEM MENU PF1=C/H DISPLAY CLEAR-EXIT JDIN 4-0 1 MBNAIS 10.49.24.90 TNO14638 6/2 r? X200-0 CUSTOMER INFORMATION SYSTEM MD 02/07/06 * 5490994746409549 * USA 15:36:21 TOD*SHEDLOSKY CURBAL: .00 CYCLE: 07 N 0000000000000000 CR LIN: .00 STATUS: 0* CHANGED: 03/31/04 DATE TIME OPER ------------------- COMMENTS PAGE .0002 ---------------- P 052302 0947 IBTDZC NO CHANGE PROMO 200205083 CR 102002 DLQ DCl P 052302 0947 IBTDZCSLD ACH TOD SHEDLOSK /$29960.00 /FEE $40.00 /05242002 _ P 052302 0947 IBTDZC 0130246507 231382267/VER CHK NUM 4043 _ P 052302 0951 IBTDZC VER: MMN, SSN, DOB _ P052302 0951 IBTDZC CUSTOMER CONTAC,NA,NA,NA,NA P 060502 1606 IBTKZH TOD SHEDLOSKY I TA BELFAST INWARD BALANCE TRANS P 060502. 1607 IBTKZH BELFAS BALANCE TRANSFER OFFER NO SALE _ P 060502 1608 IBTKZH VER: MMN, SSN, DOB, ADD _ P 060502 1608 IBTKZH CUSTOMER CONTAC,NA,NA,NA,NA _ P 070602 1514 RU90EB VRU APS: CHK: 4081 ABA: 231382267 AMT: $55.00 _ P 070602 1514 RU90EB CHKACT: 0130246507 PAYDT: 07/08/2002 _ P 070602 1514 RU90EB FEE: $15.00 POS: R :-:VRU CONF: 050923D274BAB _ P 070602 1709 EPSVRU EXP PAY (NEW):ABA:231382267,CHK.ACCT:0130246507,POS:R,BA P 070602 1709 EPSVRU NK:AMERICHOICE FCU MECHANICSBURG PA,PRIM NM:TOD*SHEDLOSK P 070602 1709 EPSVRU Y,SCND NM:.,MGR:9,EXT:99999,CHK.#:4081,DT:2002-07-08,AMT: PF8=FIRST COMMENT PF9=LAST COMMENT PF10=PAGE FORWARD PF11=PAGE BACKWARD PAI=BEGIN AGAIN PA2=SYSTEM MENU PF1=C/H DISPLAY CLEAR=EXIT JDIN 4-® 1 MBNAIS 10.49.24.90 TNO14638 6/2 X200-0 TOD*SHEDLOSKY DATE TIME OPER _ P 070602 1709 EPSVRU _ P 070602 1709 EPSVRU _ P 070802 0335 EPSVRU _ P 111202 1729 ETA002 P 111202 1729 HTA002 _ P 111202 1729 HTA002 P 121102 0906 RECWRH P 121602 1824 COLBNW _ P 122702 1238 RECTYP _ P 122702 1238 RECTYP _ P 010703 2400 *PACE* _ P 030203 2400 *PACE* _ P 031003 1647 COLBNW _ P 031103 1747 COLBNW P 040903 0939 RECKRH CUSTOMER INFORMATION SYSTEM MD 02/07/06 * 5490994746409549 * USA 15:36:25 CURBAL: .00 CYCLE: 07 N 0000000000000000 CR LIN: .00 STATUS: 0* CHANGED: 03/31/04 ------------------- COMMENTS PAGE 0003 ---------------- Y,SCND NM:,MGR:9,EXT:99999,CHK.#:4081,DT:2002-07-08,AMT: 55.00,FEE:I5.00,STAT:U,DISCLOSURE:Y SRVC FEE FOR EXP PMT - $15.00 CRM : CREDIT PROTECTION (XFR) Solicited Successfully TOD SHEDLOSKY - CRM TRANSFER TO 12-CREDIT PROTECTION (XFR) WFS..C/O 1.75 EML1(1216) EMAIL MESSAGE SENT ADM APPROVAL APR: 10.00% EFFECTIVE: PENDING B UNIT: CC CA B REAS: CCCS ADD OVRD C) 10.00 R) 10.00 EFF 01/08/03 U010 R014 CANCEL OVRD C) 10.00 R) 10.00 EFF 03/01/03 U010 R020 EML1(0310) EMAIL MESSAGE SENT CA LTR/90TF(3/12)PAY SAL IN FULL;CALL FOR PMT ARGMTS;FMS PF8=FIRST COMMENT PF9-LAST COMMENT PF10-PAGE FORWARD PF11=PAGE BACKWARD PA1=BEGIN AGAIN PA2-SYSTEM MENU PFS=C/H DISPLAY CLEAR-EXIT JDIN 4-® 1 MBNAIS 10.49.24.90 TN014638 6/2 r? X200-0 TOD*SHEDLOSKY DATE TIME OPER _ P 040903 0939 RECKRH _ P 040903 0939 RECKRH _ P 040903 0939 RECKRH _ P 040903 0939 RECKRH _ S 033004 2333 AUTOCH _ S 033104 2400 *MBNA* _ P 122705 0656 RECDZB _ P 122705 0657 RECDZB _ P 011106 1154 RECVED P 011106 1154 RECVED CUSTOMER INFORMATION SYSTEM MD 02/07/06 * 5490994746409549 * USA 15:36:29 CURBAL: .00 CYCLE: 07 N. 0000000000000000 CR LIN: .00 STATUS: 0* CHANGED: 03/31/04 ------------------- COMMENTS PAGE 0004 ---------------- rtaa*WWiW#4f#*#*f kf WaW#ktff ki4kf Wf WffiWf W4WtW#rt?faWf a#rt4 ACCOUNT REFERRED TO ATTY FOR ARBITRATION..PLZ REFER CUSTOMER TO ATTYS WOLPOFF & ABRAMSON 800-678-7720 art##4a**W4WWWf W*kWf*#4iff *#W#WW#fff4ff rtf ##WWf Rf 4ffaWaff CHARGE-OFF CODE 3 ACCT B6ISTAT CHGD FROM 3(P)TO O(P) MLD STMNTS TO ATT FRM RUSH REQ..6/02-5/04. C/O WAS 3/04 PER GBC REQSTD COPY OF APPLICATION ... WLL FWD T HIM UPON RCPT ...VH PF8=FIRST COMMENT PF9=LAST COMMENT PF10-PAGE FORWARD PF11-PAGE BACKWARD PA1=BEGIN AGAIN PA2-SYSTEM MENU PF1=C/H DISPLAY CLEAR-EXIT JDIN 4-® 1 MBNAIS 10.49.24.90 TNO14638 6/2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., No. 05 - 4763 Plaintiff CIVIL TERM Vs. TOD SHEDLOSKY, CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe upon Counsel for Defendant, by First Class Mail, Postage Pre-Paid, a copy thereof on thisday of July, 2005, to; Hilary A. Dean, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 Cae ?- Andrew C. Spears, Esquire ID No. 87737 Wolpoff& Abramson, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3'd Floor Camp Hill, PA 17011 (717) 303-6752 Counsel for Plaintiff LAW Otmces NOLPOFF & ABRAMSON, L.LP. ATMRNEYSINTHEMIMCE DPDEHICOI mom O TANDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 ]11038)00 ?_? fit 1'?7 cry .? (i4 ??_ t 5 C ;.', .w- ?``1 >'.''1 r,, MBNA AMERICA BANK, N.A., Plaintiff, V. TOD SHEDLOSKY, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-4763 CIVIL IN RE: DEFENDANT'S PETITION TO VACATE ARBITRATION AWARD BEFORE OILER and EBERT, JJ. ORDER OF COURT AND NOW, this 20th day of July, 2006, upon consideration of the Defendant's Petition to Vacate Arbitration Award filed in the above-captioned case and following oral argument held on August 12, 2006, IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Motion to Vacate Arbitration Award is DENIED. BY THE COURT, M.L. Ebert, Jr., J. Andrew C. Spears, Esq. Wolpoff & Abramson, LLP 4660 Trindle Road, 3`d Floor Camp Hill, PA 17011 Attorney for Plaintiff Hilary A. Dean, Esq. Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 Attorney for Defendant ,C,6)Lt a /Yyu'`'G`d -7 -ae-" ??? Lr., '; J,{ r ,) ? ?' J PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) MBNA AMERICA BANK, N.A. (Plaintiff) VS. TOD SHEDLOSKY (Defendant) No. 05-4763 CIVIL Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Petition to Confirm Arbitration Award 2. Identify counsel who will argue cases: (a) for plaintiff: Andrews C. Spears, Esquire .Wolpoff & Abramson LLP (Name and Address) 4660 Trindle Road - Suite 300 Camp Hill, PA 17011 (b) for defendant: Hillary Dean, Esquire Martson, Deardorff, Williams & Otto (Name and Address) 10 East High.Street Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. ? 4. Argument Court Date: Date: _r[ 11, 10(1 Print your name [?- P1U.rn?; 1 T Attorney for IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. NO. 05-4763 CIVIL TERM Plaintiff CIVIL ACTION - LAW TODSHEDLOSKY v Defendant CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, do hereby certify that I served a copy of Plaintiff s Praecipe to List for Argu nt, upon Defendant's Counsel, by First Class Mail, Postage Pre-Paid, a copy thereof on this 1 ' day of August, 2006, to: HILLARY DEAN, ESQUIRE MARTSON, DEARDORFF, WILLIAMS & OTTO 10 EAST HIGH STREET CARLISLE, PA 17013 ,\ Andrew C. Spears ID NO.87737 WOLPOFF & ABRAMSON, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Rd., Suite 300 Camp Hill, PA 17011 (717) 303-6700 t 7 N ?, 'rt L-C_ ;T3 '? T^ G N " MBNA AMERICA BANK, N.A., : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. TOD SHEDLOSKY, DEFENDANT 05-4763 CIVIL TERM ORDER OF COURT AND NOW, this 29? day of September, 2006, IT IS ORDERED that Plaintiffs Arbitration Award is confirmed pursuant to 42 Pa.C.S. Section 7313, and judgment is entered in favor of plaintiff, MBNA America Bank, N.A. and against defendant, Tod Shedlosky, in the amount of $37,698.22. By the art/, l / Edgar B. Bayley, J. Andrew C. Spears, Esquire For Plaintiff Hilary A. Dean, Esquire For Defendant -F( S :sal z ufJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. NO. 05-4763 Plaintiff vs. CIVIL ACTION - LAW TODSHEDLOSKY Defendant PLAINTIFF'S PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter a judgment for $37,698.22 in Plaintiffs favor and against Defendant in accordance with the attached Order of Court entered in these proceedings. Respectfully Submitted, P e Amy F. Doyle W6341 7062 / Daniel F. Wolfson #20617 Philip C. Warholic / 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 MBNA AMERICA BANK, N.A., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TOD SHEDLOSKY, DEFENDANT 05-4763 CIVIL TERM ORDER OF COURT r AND NOW, this day of September, 2006, IT IS ORDERED that Plaintiff's Arbitration Award is confirmed pursuant to 42 Pa.C.S. Section 7313, and judgment is entered in favor of plaintiff, MBNA America Bank, N.A. and against defendant, Tod Shediosky, in the amount of $37,698.22. C. Spears, Esquire For Plaintiff .= By the-Court Edgar B. Bayley, J. Hilary A. Dean, Esquire For Defendant sal T AE (AWY , ROM FtECX)M ?w ? a '* r 01 carlit ft 1080 001Ln d ? ?. a 1 r7 =-C Zo - - • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. NO. 05-4763 CIVIL TE 655 PAPER MILL ROAD Plaintiff Vs. CIVIL ACTION - LAW TOD SHEDLOSKY Defendant(s) NOTICE OF JUDGMENT ( x ) Notice is hereby given that a FINAL JUDGMENT in the above-captioned matter has b en entered against you in the amount of $ 37698.22 , plus interest, on __1 -( - -----, 20 _a6_ - ( x ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are attached. --- ----- ------------------- Protho Aotary Civ' Divi ion By' ---------------------------------------- If you have any questions regarding this Notice, please contact the filing party. -- -- --- --- - -- ------ Amy F. Doyle #87062 / Daniel F. Wolfson # Philip C. Warholic #86341 / Andrew C. Spears # David R. Galloway #87326 / Tonilyn M. Chippie # Ronald M. Abramson #94266 / Ronald S. Canter # Bruce H. Cherkis #18837 WOLPOFF & ABRAMSON, L.L.P. / Counsel for Plainti Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor, Camp Hill, PA 1701 (717) 303-6700 (This Notice is given in accordance with Pa.R.C.P. 236.) NOTICE SENT TO: TOD SHEDLOSKY 6346 N POWDERHORN RD MECHANICSBURG PA 17050-8305 STNTC/PANOJ W&A FILE NO. 108600147 131 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) P.R.C.P. 3101 to 3149 IN THE COURT OF COMMON PLEAS OF MBNA AMERICA BANK, N.A. CUMBERLAND COUNTY, PENNSYLVANIA 655 PAPER MILL ROAD DE5-013-02-02 WILMINGTON, DE 19884 Plaintiff VS. JUDGMENT NO. 05-4763 CIVIL TE TOD SHEDLOSKY 6346 N POWDERHORN RD MECHANICSBURG PA 17050-8305 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Defendant (s) To the Prothonotary: PLEASE ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Directed to the Sheriff of CUMBERLAND COUNTY, Pennsylvania; (2) against, TOD SHEDLOSKY 6346 N POWDERHORN RD MECHANICSBURG PA 17050-8305 Defendant (s) ; (3) and against, COMMERCE BANK 20 NOBLE BLVD CARLISLE PA 17013-4119 Garnishee(s); (4) and index this writ (a) against, TOD SHEDLOSKY Defendant (s) and (b) against, COMMERCE 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 COMMERCE BANK 20 NOBLE BLVD CARLISLE PA 17013-4119 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 11/16/2006 At an interest rate of 6% per year Dated: qfs- I xL'W' $ 37698.22 To Be Determined Total $ 37698.22 Plus costs & interest °Am TY F. DoY1 62 / Daniel F. Wolfson #20617 Philip C. W holic $r6341 / David R. Galloway #87326 Tonilyn M. Chippie #87852 ,o Robert N. Polas, Jr. #201259 Sarah E. Ehasz #86469 / Bruce H. Cherkis #18837 Ronald S. Canter #94000 / Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 / (800) 830-2793 ATT1/PAWRIT W&A FILE NO. 108600147 tp? N C? I ii s 04 Q? 00 tU WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4763 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 TOD SHEDLOSKY, 6346 N. POWDERHORN ROAD, MECHANICSBURG, PA 17050- 8305 (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 GARNISHEE(S) as follows: COMMERCE BANK, 20 NOBLE BLVD., CARLISLE, PA 170134119 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. 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 $37,698.22 L.L. $.50 Interest from 11/16/2006 at an interest rate of 6% per year Atty's Comm % Due Prothy $2.00 Atty Paid $128.67 Plaintiff Paid Other Costs Date: 8/20/07 (Seal) A- -'? /,0011 Curti . Long, roth By: Deputy REQUESTING PARTY: Name AMY DOYLE, ESQUIRE Address: WOLPOFF & ABRAMSON, LLP 4660 TRINDLE ROAD, SUITE 300 CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-303-6700 Supreme Court ID No. 87062 SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-04763 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND MBNA AMERICA BANK NA VS SHEDLOSKY TOD And now RONALD HOOVER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:54 Hours, on the 23rd day of August , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named RESPONDANT SHEDLOSKY TOD . in the hands, possession, or control of the within named Garnishee COMMERCE BANK 20 NOBLE BLVD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to NATE PORTER (CUSTOMER SERVICE) 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 His . Sheriff's Costs: So answers: Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County ld? .0000 ? 'IV 7 048//2 0107 Sworn and Subscribed to D?Y 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. 05-4763 VS. TOD SHEDLOSKY Defendant CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION To the Prothonotary: Kindly mark the attachment against the Garnishee, COMMERCE BANK, discontinued, upon payment of your costs only. Dated: 3 V , ' W&A File No. 108600147 cc: Trudy Fehlinger, Esq Martson Law Offices 10 E. High St Carlisle, PA 17013 Respectfully Amy F. Doyle #872" Daniel F. Wolfso 0617 v Philip C. Warholic #86341 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 r-? 0 P i"1(t -y -TI ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff VS TODSHEDLOSKY Defendant(s) 144%5x., a /S +0 No. 05-4763 CIVIL ACTION - LAW INTERROGATORIES TO GARNISHEE TO: COMMERCE BANK 20 NOBLE BLVD. CARLISLE, PA 17013-4119 PURSUANT TO RULE 3253 OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED. UPON YOUR INSTITUTION. GARNISHEE IS HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND FULLY. PLEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S). IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEE A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. issued. B. The term "Defendant(s)" means the individual(s) or entity against whom the Writ of Execution was C. "You" means the main office and all branch offices, representatives, employees, and agents of your organization. D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which is in your possession, custody or control is attached, including all property of the Defendant(s) which comes into your possession thereafter. E. These Interrogatories are considered to be continuing and therefore should be modified or supplemented as you receive further or additional information. F. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate is to be used, it should be identified as such, and an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. G. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives, and attorneys. W &A File No. 108600147 w INTERROGATORIES TO GARNISHEE DEFENDANT(S) - TOD S46LOSKY 1. DEPOSITORY ACCOUNTS: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any checking, savings, lines of credit, certificate of deposit's or other depository accounts with your institution. If so, state the identification numbers of those accounts, and the amount or amounts the Defendant(s) has in each account. If the Defendant(s) maintains any of these jointly with any other person, or persons, give their name and address. Defendant had account 536949383 with a balance of $43,006.20 at time served. Acmmt is held jointly with Lima T Riedloc-Icy of 6346 N Pmderhom Rd, Mechanicsburg. 1A. DIRECT DEPOSIT ACCOUNTS: Are any of the accounts you have listed above direct deposit accounts? If yes, please state the identification numbers of those accounts. No 2. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. No 3. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. 8123? If so, identify each account. No 4. TRANSFER OF PROPERTY: At any time after you were served did you pay, transfer or deliver. any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? No 5. SAFE DEPOSIT BOXES: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any safe deposit box or boxes. If so, include the identification number or other designation of the box or boxes. Include a full description of the contents and also the amount of cash among those contents. If the Defendant(s) maintains any of these jointly with any other person or persons give their full name and address. No W&A File No. 108600147 * 6. REAL OR PERSONAL PROPERTY: At the time you were served or at any subsequent time, state whether or • not Defendant(s) owns any personal property that was in your possessibn and/or control. If so, include a full description of all personal property giving full value and present location. State also whether or not there are any encumbrances or liens holders, the present balance of the encumbrance. State where and when the encumbrances or liens was recorded. If the Defendant(s) owns any personal property jointly with any person or persons, give names and address. See an,%er to question 1. 7. OTHER ASSETS: At the time you were served or at any subsequent time, did you know of the existence of any other asset(s) of the Defendant(s) which are not disclosed in the preceding Interrogatories. If so, please set forth all details concerning those asset. See answer to question 1. 8. . PROPERTY HELD AS A FIDUCIARY: At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which any Defendant(s) had an interest? If so, please describe for each Defendant(s) the nature of the property including its value and the interest of Defendant(s). No 9. FEES OUTSTANDING TO GARNISHEE: Are there any attorneys fees or processing fees charged by you against the Defendant(s) or account(s) of the Defendant(s) for the completion of this Answer. If yes, outline the exact amount of any fees due and owing to the garnishee or the attorney for the garnishee for the preparation of the Answer. No DATE: Amy F. Doyle # 062 / ' 1 F. Wolfson #20617 Philip C. Warho Pic #8634 avid R. Galloway #87326 Tonilyn M. Chippie #87852 / Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 / Bruce H. Cherkis #18837 Ronald S. Canter #94000 / Ronald M. Abramson #94266 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 108600147 VERIFICATION The undersigned does hereby verify under penalty of perjury, that he/she is the legal representative of CovxmLec?_ &&)K Z11A4bSgoek,, k)A , Garnishee herein, that he/she is duly authorized to make this Verification and that the facts set forth in the foregoing INTERROGATORIES are true and correct to the best of his/her knowledge, information and belief. 11 ? L At, Nor L SPQ o?T t? C-0 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. T Sheriff s Costs: Advance Costs: 150.00 Sheriffs Costs 85.99 t? Docketing 18.00 64.01 r Poundage 1.69 i w^ Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 04/30/08 Mileage 4.80 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Certified Mail Postage Garnishee 9.00 TOTAL 85.99 ? 516,!?Idk 9- So Answers, R. Thomas line, S By V ' 0 cu -2 0 ¢y3 ') WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4763 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 TOD SHEDLOSKY, 6346 N. POWDERHORN ROAD, MECHANICSBURG, PA 17050- 8305 (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 GARNISHEE(S) as follows: COMMERCE BANK, 20 NOBLE BLVD., CARLISLE, PA 170134119 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. 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 $37,698.22 L.L. $.50 Interest from 11/16/2006 at an interest rate of 6% per year Atty's Comm % Due Prothy $2.00 Atty Paid $128.67 Plaintiff Paid Date: 8120107 (Seal) REQUESTING PARTY: Other Costs C ' R. Long, Proth By: Deputy Name AMY DOYLE, ESQUIRE Address: WOLPOFF & ABRAMSON, LLP 4660 TRINDLE ROAD, SUITE 300 CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-303-6700 Supreme Court ID No. 87062