Loading...
HomeMy WebLinkAbout05-5352 WELTMAN, WEINBERG & REIS CO., L.P.A. ATTORNEYS AT LAW 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 412.434.7955 www.weltman.com BURLINGTON, NJ 609.9]4.0437 CHICAGO, IL 84794098]2 CINCINNATI,OU 5] 3.723.2200 CLEVELAND,OH 2]6685.]000 COLUMBUS,OH 6]4.228.7272 DETROIT, MI 248.362.6] 00 PHILADELPHIA, PA 2] 5599.] 500 October 5, 2005 ..-.-- ')3'. .5 3S.:L {td . J I-'-- Office of the Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013 In Re: Shawn Burke Creditor: Phoenix Accounts Receivable Account No. 5329090012134445 Our File No. 04426633 Dear Sir or Madam: Enclosed please find a Petition to Confirm Arbitration Award and Enter Judgment thereon that we wish to file in your county. Once the Petition has been filed, please provide this office with time-stamped copies of the coversheet in the self-addressed envelope provided. Once it has been filed, please forward the Petition to the Sheriff's office for service. PLEASE DO NOT FORWARD THE PETITION TO A JUDGE FOR DECISION ON THE ORDER. WHEN SERVICE IS COMPLETE WE WILL REQUEST THAT THE PETITION TO BE FORWARDED AT THAT TIME. Thank you for your attention to this matter. If you should have any questions or require anything from me, please do not hesitate to contact me. Enclosure IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE, III, LLC, No. 05 - J35J ~ Petitioner, vs. SHA WN D. BURKE, PETITION TO CONFIRM ARBITRATION AWARD AND ENTER JUDGMENT THEREON Respondent. FILED ON BEHALF OF: Petitioner COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA!.D. #47437 WELTMAN, WEINBERG & RElS CO., L.P.A. 2718 Koppers Building 436 Seventh A ven ue Pittsburgh, P A 15219 (412) 434-7955 WWR #04426633 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE, III, LLC, /)-., '-&.- No. (')S-5'3.5..2- ~ ~- Petitioner, vs. SHAWN D. BURKE, Respondent. PETITION TO CONFIRM ARBITRATION AWARD AND ENTER JUDGMENT THEREON AND NOW, comes Petitioner, Phoenix Accounts Receivable III, LLC, by and through its counsel, William T. Molczan, Esquire and Weltman, Weinberg & Reis, CO., L.P.A., and files the within Petition to Confirm Arbitration Award and Enter Judgment thereon pursuant to the Pennsylvania Uniform Arbitration Act 42 Pa. C.S.A. S 7317. In support thereof, Petitioner avers the following: I. Petitioner, Phoenix Accounts Receivable III, LLC, IS a corporation located In Wilmington, Delaware. 2. Respondent is an adult individual with a last known address of 2167 Centerbury Drive, Mechanicsburg, PA 17055. 3. On or before February 7, 1990, Petitioner and Respondent entered into a Cardmember Agreement for a credit card bearing the account number 5329090012134445. Said Agreement contains a provision to settle by arbitration any claim, dispute or controversy arising from or relating in any way to the Agreement. A true and correct copy of the pertinent part of the Agreement is attached as Exhibit "A" and made a part of this petition. 4. On or around February I, 2005, Petitioner submitted its dispute with Respondent to arbitration as provided in the arbitration clause of the Agreement. 5. After notice was properly given to all the parties to the arbitration, the matter proceeded in accord with the applicable National Arbitration Forum Code of Procedure before Jared D. Simmer, Esquire, as arbitrator. A true and correct copy of the proof of service to Respondent is attached as Exhibit "B" and made a part of this petition. 6. On or about April 18, 2005, in the state of Pennsylvania, the arbitrator made his award determining all issues submitted to him, and awarded Petitioner the sum of $4,0 I 0.89. A signed copy of the award, duly acknowledged, was served on the parties on or about April 18, 2005. A true and correct copy of the award is attached and made a part of this Petition. 7. More than thirty days have passed smce entry of the arbitrator's award, and Respondent has taken no action to contest its validity. WHEREFORE, Petitioner, respectfully requests that this Court enter an Order confirming the arbitration award, and that judgment be entered against Respondent for the full amount of the award, plus interest at the statutory rate of 6% per annum from the date of the award, costs and such other relief as the Court deems appropriate. Respectfully Submitted: By: William T. Molcza , Esq . e PA!.D. #47437 WELTMAN, WEINBERG & RElS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 ~~.tr.jo"<:IJU' llJC It,UI rn :>I1LC:> liHI'Il1\lWtNl ;,., rHh NU, ,u~ ~~ Uq,O Ij Credit Card 49rmnent ij r, ua Jj ...,., -"""':.1"'- .- General In this Credit card Agreement. the words 'you" and :your" refer to each and all of the persons who accept a credit card issued by us or under an account we hold This Credit Card Al1ree'7#JtAthe "Agreement') consists of this document and the terms and conditions set fonh in the Required Federal Disclosures section 0/ the accompanying card carrier, which is incorporated herein and made a part hereof. The words. "We: "us: 'our" and "MBNA America" mean MBNA America Bank, N.A. When you accept or use the account, you agree to the terms in this Agreement. You should sign your card before you use it. You consent to and authorize MBNA America, any of its affiliates, CJr its marketing associates to monitor andlor record any 01 your telephone conversations with our repre. sentatives or the representatives 01 any 01 those companies. All capitalized terms not deli ned herein shall have the meaning as defined in the Required Federal Disclosures section 0/ your card carrier. Infonnation Gathering and Sharing From time to time. we may obtain updated i%rma. tion about you including, for example, credit inlorma- tion. We may share in/ormation about you with credit reporting agencies and others, including merchants, and among companies affiliated with us. You may request that In/ormation about you not be shared among our alfiliates, other than lnlormation pertaining SOlely to transactions or experiences between you and'us {or an MBNA America afliliate}, by writing us at MBNA, Affiliate In/ormation Sharing, P.O. Box 15342. Wilmington, DE 19850-5342, Please include your name, address, home phone number and all MBNA America account numbers. ((you believe that inaccurate CJr incomplete information about you or your account has been shared by US with a credit reporting agency. write to us at: MBNA, Credit Repolting Agendes. P.O. Box 17054. Wilmington, DE 19884-7054. Please indude your name. address, holTH! phone number, and account number, and explain which information you believe is inaccurate or incomplete. EXHIBIT '7\ - SEP 15 2003 12:07 PilGE . 02 ::>tr-l0-'UUJ I UI:. I" UQ r II unLr..} Ilnl'Ml1t.Ilt./U .r. . ....,' . SEP 16 2003 12: 0S - ; I I rn^ nu. JU' l.iJO V'1JO r, UJIIJ . i, . How To Use Your A({(jUI;lI. You may use your crediT card to purchase or lease goods or sel\lices from persons who honor the card. You may also use your card to obtain Cash Advances. You may not use a Check Cash Advance. or any other Cash Advance, to make a payment on this or any other credit account with us. You may not use your account for busi. ness or commercial purposes. .- Certain establishments'rfiiiY'Cash your personal checks upon presentment of your card. In the event we are required to pay the amount ot a check cashed in thIs way because the check is not paid tor any reason, we will charge your account for a Cash Advance in the amount of the check and any processing charge we actually incur, If you permit any person to have access to your card or account number with the authorization to make a charge, you may be liable for all charges made by that person including charges for which you may not have inlended to be liable. The transaction date for Check Cash Advances and .BaJance Transfers is the date you or the person to whom the check is made payable first deposits or cashes' the check. The transaction date tor Ii returned payment (a Bank cash Advancel is the date that the corresponding payment posted to your account. You may request a stop paym",nt on Check Cash Advances by prOviding us with the check number, dollar amount. and payee exactly as they appear on the Chedc Cash Advance, Oral and written stop payment requests on Check Cash Advances are effective for six months from [/Ie day that we place the stop payment on your account. You may not use a .postdated Check Cash Advanal to obtain credit under your account If you 00 postdate a Check Cash Advance. we may elect to honor it upon pre- sentment or rerum It unpaid to the pany which presented it to us for payment, without in either case awaitilll1 the date shown on the Check Cash Adva nee. We are not liable to you for any Joss or expense incurred by you arising out of the action we eJeer to take. ; " ~ayment You promise to pay us the amounts of all credit you obtain; this includes all purchases. cash advances, lees, 2 PAGE. 133 SEP-!o-,UUj IUt 1,;U~ rn ~HLt~ nHNHutntNI ,: . .. ' SEP 16 2003 12' 1118 rH~ NU jU~ q~ Uqj~ r. Uq/ Jj I I I i I I I I CAaf€.(3. aRe ifl3l::lfan(C ~1-";;1I1;~IIl;:)..wi; d~~I::':) ,U!.dlll~~ your account and Finance Charges. You may pay the entire amount outstanding at any Wne. You must pay each month at least the minimum payment shown on your monthly statement. If you over. payor if a credit balance Is otherwise created In your account, we will not pay interest on such amounts. Your payment will be allocated in a manner we determine. In most instances. we will aH&are your payments to balances /including new transactions) with lower APRs before balances with higher APRs. This wIll result In new bal. ances with a lower rate of interest being paid before any other existing balances. All p<:yments will be credited to your account for the billing cycle in which each payment 15 receIved; however, your available credit may not be Increased by the amount of the payment until your funds have cleared. Minimum monthly payments can. not be made in advance and payments made in any billing cycle which are greater than the minimum pay- ment due will not affect your obligation to ma~e subse. quent minimum payments each month. We can reject payments not denominated in U.s. dollars or not drawn on a U.S. Bank. No payment shall operate as an accord and satisfaction wirhour the prior written approval of a senior officer of MBNA America. All persons who initially or subsequently request, accept 01 use the account are individually and together responsible for any outstanding balance. II two or more persons are responsible to pay any outstanding balance, we may refuse to release any of them from liability until all of the unexpired cards outstanding under the account have been returned to US and the balance is paid in lull. Reasons for Requiring Immediate Payment You will be in default and we can require immediate payment of all amounts you owe if: (I J you fail to make any required payment by the Payment Due Date; (2) your New Balance Total exceeds your credit limit. or ff we have established a separate Cash Advance credit limit for you. your outstanding Cash Advance balance exceeds your Cash Advance credit limit: or (3/ you fail to abide by any other terms of this Agreement. If you default. unless prohibited by applicable laY'. we , i 3 . PI<GE.04 ~t.t'-10-C:::WJ fUe. l'-'VO rll oJnL&:," I lnll11U'LJJL:./l I I nn IIV. ,",v'- "t,",U u"tJU I, UJ/lv . ~ , " ../ . can also require you tQ pay the collection and court costs we incur in any collection proceeding. and a reo' sonable attomey's fee if we reler your account for collec, tion to an attorney who is not our salaried employee. Our failure to exercise any 01 our rights when you default does not mean Ihat we are unable to exercise those rights upon later default. k" Payment Holidays We may allow you. from time to time. to omit a monthly payment. We will notify you when this option is available. If you omit a payment. Finance Charges and credit insurance premiums. if any. Will accrue on your balance in accordance with this Agreement. The requirement that you make a minimum payment each month will resume followJng your payment holiday. CHarges Made In Foreign Currenc.ies If you incur a charge in a foreign currency. the charge will be convened by Visa International or MasterCard lnlernationaJ. depending on which card you use. into a U S. dollar amount in accordance with the operating regulations or conversion procedures in effea at the time that the transaction is processed. Currently. .those regulations and procedures provide that the currenej' conversiol) rate to be used is either III a wholesale market rate or 121 a government-mandated rate in effect one day prior 10 the processing date, increased by one percent in each case. Visa or MasterCard retains this one percent as compensation tor performing the curren- cy conversion selVice. The currency conversion rale in effect on the processing dale may differ from the rate in ellect on the transaction date or the posting date. Billing C!lde A billing cycle begins on the day after the clOSing date shown on your account's preceding monthly statement and ends on the closing date that appears on your account's statement for the current month. Account Fees and Cnarges Account Fees: The following fees, which are set forth on your card carrier. are assessed as Purchases in the billing cycle in which such Charges accrue: II) a Late Fee. (2) if your account is overlimit /even jf Lees or 4 SEP 16 2003 12:08 PAGE.0S ~t.r-u'-"uu.J tUC tc..uu I Jl .>nLLoJ UllJ'lfIV.L.JIL.JU ,I' , , '~l . -' I I 1 , SEP 162003 12:09 I/ln IlV. 'o/Vf... .,....v V,,./V I' VUI 1'01 I I ; -I r;II&IIC' CLb.51.~ Q~.;)('J.>,d L, uS \.oa.:::.rw lIJU1 t41;w Oaldllo..t: Tota/to exceed your credit limit} on the last day of ;; billing Cycle. an Overlimit Fee is charged to your account as of the day in the billing cycle that your account went . over the credit limit; 13j a Returned Payment Fee if a pay. ment on your account Is returned for Insufficient funds or (or. any orher reason, even if it is paid upon subsequent presentment; (4) a Returned/Check Fee if we return a Check Cash Advance unpallroT any reason, even if the Check Cash Advance is paid upon subsequent present. ment; (5) if your account is open 01 if you maintain an account balance. whether you have active charging priVi- leges or not, an Annual Fee. Abandoned Property Charges: Unless prohibited by applicable Jaw, we will charge your account. as a Purchase. for any costs incurred by us associated with complying with state abandoned property laws. Additional Account Fees and Charges: Please review the ReqUired Federal Disclosures section of your card carrier for additional fees and charges that may apply ro your account. . ,. I I Benefits You will be offered certain benefits which will be sub- Ject to the restrictions outlined in the benefits brochure provided to you by MBNA America. MBNA America reserves the right to adjust. add, or delere benelits and services at any time and without notice. Refusal to Honor Your Card We are not liable for any refusal to honor your card or any Cash Advance or lor any retention 01 your card by us, any other bank, or any seller or lessor of goods or services. i ) I Termination We may slJSpend or terminate your right to obtain credit at any time for any reason. Your obligations under this Agreement continue even after your right to obtain credit has been suspended or terminated. You must return all credit cards to us on request. Amendments We may amend this Agreement at any time by adding, 5 PAC:E. as ,~~Y-l~-iUU~ JUt li,U~ nr ~t1LC~ I lt1/'ftl<1l:Jltri I .,l' . rl'lt\ nv. ..n)~ '1;,}U t)"t"'U J. LlUJ..J . r: . SEP 16 2003 12: B9 -I i i , I j I i I I , j i i I i , applicable notification requirements of lederallaw and the laws of the State of Delaware. II an amendment gives you the opponunlty to reject the change, and if yeu reject the 'change in' the manner provided in such amendment. we may terminate your Tight to receive credit and may ask you 10 retum all credit devices as a condition of your reiec. tion The amended Agreemenllincludi~ any higher rale , or other higher charges or le!sl-will apply to the entire unpaid balance. including the balance existing before the amendment became effective. We may replace your credit card with another card at any time. Assignment We may at any lime. and without notice to you, assign your account. any sums due on your account, this Agreement or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such assignment shall be entitled to all of our rights and/or obligations under this Agreement, to the extent assigned. Credit Limit Your credit limit is shown on your card carrier and gen. erally on each monthly statement. We may change your credit limit or limits from time to time, and we will notify you if we do. The total amount of credit outstanding at any time must not be more than your credit limit. We may also establish a separate credit limit for Cash Advances. If life do. your outstanding Cash Advance balance may not exceed this Cash Advance limit. Request for Credit Over Your Credit Limits If you request credit in any fonn which. if granted, would result in either your total outstanding balance or your Cash Advance balance. including authorized transac- tions not yet posted to yOur account, being more than your credit limit or your Cash Advance credit limit, If we have established one tor you, (whether or net such bal. a nces belore the request were more than the respective credit limit), we may: (I) honor the request without per- manently raising your credit limit: (21 honor the request and treat the amount which is more than your credit limit 6 PAGE.0? SEP-16-,UU::l TU~ 1,: Utl rn ~RW) nRNRtrtntN I rHh nu, JU~ ~oo U~JO r. UOII:J d . . e, I I i , We may advise the person who made the request that it has been refused. If we refuse to honor a Check Cash Advance or Balance Trans/er. we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused, that there are insuflicient funds to pay [he Check Cash Advance or Balance Trans/er. or in any,other"manner. J If we have previously hori6iM requests lor credit over your cleditlimlt. it does not mean that we will honor further overlimit requests. If we decide to honor such a request. we may assess an OVerlimlt Fee as prOvided in thiS Agreement. Unauthorized Use ofVourCard please notify us immediately of the loss. theft, or possible unauthorized use 01 your account at l.a00.789-6701. Governing lAw This Agreement is made in Delaware. It is governed by the laws 0/ the State of Delaware. without regard to its connlct of laws pri nciples, and by any applicable federal laws. II any part 0/ this Agreement Is found to be invalid. the rest remains effective. Our failure or delay in exer. cising any of our rights under this Agreement does not mean [hat we are unable to exercise those rights later. Litigation The Albitration provisions below apply to you unless you were given the opportunity to reiect the Arbitration provisions and you did so re;ect them: in which case. you agree that any litigation brought by you against us regarding this account or this Agteement shall be brought in a court located in the State of Delaware. ArbItration: Any claim or dispute ("Claim.} by either you or us against the other. or against the employees. agents or aSSigns of the other. arising from or relating in any way to this Agreement or any prior Agreement or your account /whether under a statute. in contract. tort, or otherwise and whether for money damages. penalties or declaratory or eqUitable relief), Including Claims regarding the applicability of this Arbitration.Section or the validity of the entire 7 SEP 16 2B63 12:69 PAGE. as SEP-IB-~UU, lU, )c:UH yn ~ALt~ nANAtitntNI ...( . . - . . SEP 16 2003 12: 1a ~HA NU. jUt q~~ Uqj~ r. U~/lj .' Aerp.,:lImpnT t"lr ~ny prior Aerppmpnr ",n~tI l"IP r,:ac;nt\fp(1 flY binding arbitration. The arbitration shall be conducted by the National Arbitration Forum ("NAP'). under the Code of Procedure in 'effect at the time the Claim Is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.arb-forumcom. oJ P.O. 'Box 50191. Minneapolis. Minnesota 5~', telephone j-800-474-2371. If the NAF is unable or unwilling to act as arbitrator. we may substitute another nationally recognized. indepen- dent arbitration organization that uses a similar code of procedure. At your written reqllest, we will advance any arbitration filing fee. administrative and hearing fees which you are required to pay to pursue a Claim in arbi- tration. The arbitrator will decide who will be ultimately responsible for paying those lees. In no event will you be required to reimburse us lor any arbitration filing. administrative or hearing lees in an amount greater than what your court casts would have been if the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear wilt take place within the federal judicial district that includes your billing address at the time the Claim is /iled. This arbitra- tion agreement. is made pursuantto a transaction "involv- ing intersrate:cotrimerce. and shall be govemed.by the Federal Arbitration Act. 9 u.s.c. 99 1-16 (~FM-). Judgment upon any arbitration award may be entered in any COUlt having jurisdiction. The arbitrator shall follow existing substantive law to the extent consistent with the FM and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any .par:tY . requests. the arbitrator shall write an opinion containing the reasons for, the award. No Claim submitted to arbitration is heard by a julJ' and no Claim may be brought as a class action or as a private' attorney general. You do not. have the right to act as a class representative or partfdpate.as a member 01 a class of claImants with respect to any Claim. This Arbitration Section applies to all Claims now. in existence or that may arise in' the furure. This Arbitration Section shaJl survive the termination of your account-with us as well as any voluntary pay. ment of the debt. in lulJ by you, any bankruptcy by you 8 PAGE,09 ..\""," .~tr-JO-~UUJ IU" I ". J U r II vnL..C,..) 1U1J'fnlJ(;'Ilt.:.J\I I. IVI JoJ I nJ\ I1V. ",1,Jc.. '1..1\J V.,....V r: . SEP 16 2003 1;' lEl I .I I ! ! 1 _ or sale of the debt by us. For the purposes of this Arbitration Section, -We" and 'us" me~ns MBNA America Bank, NA, its parent, sub- sidiaries. a{(jliates, licensees, predecessors, successors. assigns, and any purchaser of your account, and all of their ofricers, directors. employees. agents and assigns or any and all of them. Additionally. "We" or "US' shall mean any third paTTY providing benefits, seI'M'es/or products in connection with the account tincluding but not limited to credit bureaus, merchants that accept any credit device issued under the account, rewards or enrollment services, credit insurance companies, debt collectors . and all of their officers, direaors, employees and aeentsl if, and only if, such a third party is named by you as a .co-defendant in any Claim you assert against us, Also. for the purposes of this Arbitration Seaion, "you" or "yours' shall mean any person or entity approved by us [0 use the Account, including but not limited to all per- sons Dr entities contractually obligated on the Account and all authorized users of the account. If any part of this Arbitration Section is found to be invalid or unenforceable under any law 01 statute consis- tent with the FAA, the remainder 01 this Arbitration Section shall be enforceable without regard to such invalidity or unenfolceabllity. THE RESULT OF THIS ARBITRATION AGREEMENT IS THAT. EXCEPT AS PROVIDED ABOVE, CLAIMS CAN, NOT BE LlTlGATED IN COURT, INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A JURY. AS CLASS ACTIONS OR AS PRIVATE ATTORNEY GENERAL ACTIONS. Platinum Plus Coverage .Credit Insuranle Benefits, Limitations, Costs & Exclusions Platinum plus Coveraee pays your minimum monthly payment' up to your balance on the date of Joss (not to exceed Sl5.ooo), until you return to work" it you are involuntarily unemployed, IQlifu disabled, or if you or your spOuse tares covered family leave. P14Unum plus Coverage a/so pays your insured outstanding balance up to the least 01 your outstanding balance, your credit limit, 01515,000 jfyou die. . ; i l ; , I I I ! " 9 --.--- PRGE. 113 SEP-16-2003 TU~ IC: IU PM SALeS I1ANAlil:1ll:.N I rRX NU, jU, q~tl Uqjtl r. llllj ,\', . " the primary cardholder or a ro-applicant, authorized users ale not eligible):under age 66 (70.in AZ.. NY & VA; 71 in FL. GA. Ml. MO & OK; 72 in NMI. YOUI coverage ends at these same ages lexcept family leave in /';l. FL & SD & unemployment unless in TXI. When enrolled. certificates wjll be mailed explaining your coverage &-effeaive date. In MN, unemployment coverage is effeaive 61 days from your certificate effective dp,lt, for unemployment or fami. ly leave benefits, you must be gainfully employed working at least 30 hrsIWk (not self-employed or an independent contraaol) for 90 consecutive days before the date of loss {CO. before application datel, (PA - on the date of 1055), (TX . before coverage effective date for unemployment). Employees of professional corporations may be eligible. Coveraees & Benefits, PlatinullI Plus Coverage covers; YOUI death: involuntary unemployment due to job loss. general strike, unionized labor dispute or lockout; total dlsabillt)J due to sickness or injury if you are unable to perform the material & substantial duties of YOUI job lor, any job alter the first /8 mos. in CA, HI, NI, TN & WI; 12 mos. in PAl; your 01 your spouse's unpaid leave of absence from employment due to. care of your newborn or newly adopted child or an incapacitated immediate family member (must be spouse. child, stepchild or parent in AK). mandatoI)' recall to active military dUt)J, jury duty I except in AK), or residenCe in a federally declared disas- ler area. Loss (not deathl must continue at least 30 days before benefits begin. In NY, for strikes. unionized labor disputes (;. lOCKouts, you must be unemployed for 7 consecutive weeks & qualify for state unemployment benefits before benefits begin. A daily benefit is paid for each day of loss over 30 days for unemployment in NY (;. PA, and disablllry In CA. CT, NY. Ml, PA & SC. You may cancel this coverage at any time. If canceled within first 30 days of coverage, all premiums will be refunded. Exclusions: Life: suicide in the first 6 months of coverage (not MD (;. MO). tnvoluntal)' Unemployment: retirement, resignation, voluntary (orfeiture of income or job loss due to willful or criminal misconduct, disability, strikes in JL, miJital)' discharge in NY, normal seasonal unemployment in TX. Disability; nonnal pregnancy or childbirth (not CA. MA (;. NVJ. intentionally self-in/licted infuries Inot MDl or a pre-existing medical condition 10 SEP 16 2003 12: 113 PAGE. 11 ~t.t'-ltJ-l.UUJ JUt 1~' JIJ ru oJn/..l.:.rJ IlllnnU/..IIW1J t \. ~ . .: :, '. - SEP 16 2803 12: H~ I I III nv. "'v,- "...v V'1,;u I I 1 '-f ~.... aunng fil~l () IItUlll11~ uf \,,",\l1,.,~i.i (Ret tIlL f':3mfly IQrf~ benefits are not paid jf you are eligible (or or receiving unemployment benefits or are disabled. This is only a brief description o( coverage. and cover. ages vary by state. Please refer to your certiflcates for a full explanation of coverage. c,,51s lIer SIOO !I~r Month of Averaae OailJ/ Bit/once: Costs apply to Life I\J. DJsability (D). Unemployment (U) , 'I... ~ 0- & family Leave IF): AL 49.S.: AK 78e: AZ 99c; AR 97.5c: CA 89.ge: CO 52.35e; CT 42.89c; DE: 96.91c; DC 95.3e: FL 89c;GA 8s.: HI 89.9Ic; ID 95.2c (L 8.6c. D /2.6c. U 54c. F 20e): JL8Oc; IN 96e: lA 95.6c (L 7.2e, D 14.4e. U 54e. f' 2OcI; KS 85.4e: KY 97.4e; LA 89.7c; MD 70.54c; MA \8.4c: MI85.7e; MN 30.65c; MS 85.2e; MO 61.1c: MT93.9c; NE 95.8c: NV95.3c: NH 95c: N) 97c: NM 58.9c; NY 52.5e (L 8.8c. D 26.s.. U 16.9C); NC 74.3e; NO 94.1e: OH 99c: OK 92.4c; OR 84.7e: PA 38.lc; PR 99(: RI93.15e; SC 8Ce: SO 96.89c: TN 92.5c: TX 33.7e (L 5.7c. D 12c. U l6c): UT 9L88c: vr 28.4c (L 5.99c. D 6.4Jc. F 16c); VA 84c fL 6.1c. D 8.9c. U 49c. F 2Oc); WA 84C; WV 95,2c; WI 93.6c (L 5.7c. D 8.9c. U 59c. F 2OcI: WY 95.5e. Availabilih/: This coverage is not available in ME. Involuntary Unemployment ;s not available in MA or Yr. Family Leave is not available in AL. CT. MA. MD. MN. NM, NY. PA. or TX . Underwrltine ComDan;e~oIiCY: Involuntary Unemployment: American Security/LOI (5/85). LOl NYl31931. AS LOI TX (6192). LOJC-1P-l<S (2/96). and L01C. IP: Standard GuarantylSC LOI (5/851 (NH only). Lite & DisabjJity: Union Security Ufe/L+Z; Standard Guaranty Life ('IX only)IL.J,Z (B/92)13.53RA): Flrst Fonis Ufe (NY We only)/NYLMOOI3; and American Security (NY Disability only)/W-S-A Family Leave: . American SecuritYlFLP (41971. FLP-F'L (Im7) in FL. FLP-NC 13198) in NC. FLP-oK (4191) in OK. FLP-VA (2198) in VA. fL-IP (AZI/7198) inAZ. FL-IP f4l97} in'IL I; IN. FL.IP.KS (12197 in Ks. FL-Ip.wy (4197) In WY; Standard GuarantYlFLP (4197) in NH; Union Security LifeIFLP-YI' (4J97) in VT. SoliCiting agents for Mississippi and Florida ar~ CharleE M. Gordon and Pamela Curtis respectively. This product is not an insured deposit account. is not FDIC insured. is not guaranteed by MBNAAmerica Bank. NA. and is not a condition of obtaining credit. II PRGE.12 SEP-lti-~UUj IUt I~: 11 rn ~HLt~ nHNftotntNI ~ \. \ . ., . 'r," Sa? 16 2ae3 12'11 I I I I j I I rH^ NU. ~u, q~O Uq~O r, !~/l~ 'Less past due and over credit lI~it amounts. In MI. coverage pays 5% of the balance on your date of disability up to $750. In NY, coverage pays the minimum payment due on your date of loss. . 'The number 01 monthly benefit payments will not exceed 9 lor family leave: 12 lor unemploymenr in AL. AK. CT. IL, MI. MN, MO, NM, NC, NY,. PA. SC &- TX: 12 for disabilitY except In CA, HI, IN.!<S. Mt,<NI, NY, PA. TN, TX &- WI. NY. 'N) & TX Residents Only: 1'0 purchase coverages separately, write to Assurant Group, P.O. Box 50355, Atlanta, GA 30302. Applications will be sent to you. .1 I . j ! I .1 I J I ! MBNA America Bank. N.A., is the exclUSive 'issuer and administrator of this and other PlaUnum. Plus credit card accounts MBNA America@ is a federally registered service mark 01 MBNAAmerica Bank, N.A. ~ 2000 MBNA America Bank. N.A. NEXT90 (Revised 4/2000) DISC-58 4/1100 MBtlAULOIIMBNA.lJl)/Uncapped LOIIFL) 12 , PRGE.13 FecEx. Express FedEx Express Customer Support Trace 3875 AilWays Boulevard M odu Ie H, 4th Floor Memphis, TN 38116 U.S. Mail: PO Box 727 Memphis, TN 38194.4643 Telephone: 901.369-3600 2/8/2005 Dear Customer: Here is the proof of delivery for the shipment with tracking number 790412781998. Our records reflect the following information. Delivery Information: Signed For By: S,BURKE A signature is unavailable online for this tracking number. Please use the fax request option or contact Customer Service for further investigation at 1..aOO-Go-F edEx, Delivery Location: 2167 CANTERBURY DR Delivery Date: 2/3/2005 Delivery Time: 11 :32 Shipping Information: Tracking No: 790412781998 Recipient: SHAWN BURKE 40195210 2167 CANTERBURY DR MECHANICS BURG, PA 17055 US Shipment Reference Information: 40195210 Thank you for choosing FedEx Express. We look fOlWard to working with you in the future. Ship Date: 2/1/2005 Shipper: JAMES D. BRANTON;..ESa. MANN BRACKEN LLL. ONE PACES WESl, SUITE 1400 ATLANTA, GA 303~9 US Fed Ex Worldwide. Customer Service 1-800-Go-Fed Ex<!!l Reference No.: R2005020800 1787090 11 EXHIBIT c!J III NATIONAL ARBITRATION FORUM @ Phoenix Accounts Receivable III, LLC c/o Mann Bracken, LLC 2727 Paces Ferry Road One Paces West, 14th Floor Atlanta, GA 30339 CLAIMANT(s), AWARD RE: Phoenix Accounts Receivable III, LLC v Shawu D Burke File Number: FA0502000413395 Claimant File Number: 5329090012134445 Shawn D Burke 2167 Canterbury Dr Mechanicsburg, P A 17055 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: I. That no known conflict of interest exists. 2. That on or before 02/01/2005 the Parties entered into an agreement providing that this matter shall be resolved through binding arbitration in accordance with the Forum Code of Procedure. 3. That the Claimant has filed a Claim with the Forum and served it on the Respondent in accordance with Rule 6. 4. That the matter has proceeded in accord with the applicable Forum Code of Procedure. 5. The Parties have had the opportunity to present all evidence and information to the Arbitrator. 6. That the Arbitrator has reviewed all evidence and information submitted in this case. 7. That the information and evidence submitted supports the issuance of an A ward as stated. Therefore, the Arbitrator ISSUES: An Award in favor of the Claimant, for a total amount of$4,01O.89. Entered in the State of Pennsylvania Jored D. Si9k-- Arbitrator ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly)::ntered_and the Forum hereby certifies that a c~Y~Eitif#a'r~was sent by first class mail post.~e ~i.d to th. e.ta~ies at the above referenced adtlrer "~.JJr~~~entatives, on 1.;;: lillllLt4l111 \~: ,--It IIJJ lID 100000i 1'0\-"""""" - /<::>1 \.-s -- /'-<../ ~' /~~/ ~...\ \<:i~j~y~ Honorable Harold K.-ilina, Ret. Director Date: 04/18/2005 CERTIFICATE OF SERVICE The undersigned hereby certifies that the Cumberland county Sheriff is currently attempting service of the within Petition to Confirm Arbitration Award and Enter Judgment Thereon at the below address. Shawn D. Burke 2167 Centerbury Drive Mechanicsburg, P A 17055 WELTMAN, WEINBERG & RBIS CO., L.P.A. By: William . Molczan, Esquir PA!.D. #47437 WELTMAN, WEINBERG & RBIS CO., L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, P A 15219 (412) 434-7955 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he is an attorney for the Petitioner herein; makes this Verification based upon the facts as supplied to him by the Petitioner and/or its agents and because the Petitioner is outside the jurisdiction of the court and the Petitioner's Verification cannot be obtained within the time allowed for filing of this petition, and that the facts set forth in the foregoing petition are true and correct to the best of his knowledge, information and belief. IJliI., WWRfI 04426633 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE, III, LLC, No. Petitioner, vs. SHAWN D. BURKE, Respondent. ORDER OF COURT AND NOW, to-wit, this day of ,200 , upon consideration of Petitioner's Petition to Confirm Arbitration Award and Enter Judgment thereon, any response thereto and good cause appearing therefore, it is hereby ORDERED, ADJUDGED and DECREED that the award entered by the arbitrator in the above captioned matter is hereby confirmed in all respects. Judgment is entered in favor of Petitioner and against Respondent in the amount of $4,010.89, with continuing interest thereon at the statutory interest rate of 6% per annum from the date of the award, being April 18, 2005, plus costs. BY THE COURT: J. WWR# 04426633 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE, III, LLC, No. Petitioner, vs. SHAWN D. BURKE, Respondent. RULE AND NOW, this _ day of petition, it is hereby ordered that , 200 , upon consideration of the foregoing (1) a Rule is issued upon the Respondent to Show Cause, in the form of written response, Why the arbitration award should not be confirmed and judgment entered; (2) the Respondent shall file an Answer to the Petition within Respondent; days of service upon the (3) the petition shall be decided under Pa.R.C.P. No. 206.7; (4) discovery shall be completed within forty five (45) days of the service upon Petitioner of the Answer to the Petition; (5) notice of the entry of this order shall be provided to all parties by the Petitioner. BY THE COURT: J. ~~ ;y ti 0 "" ......... c- c:_:,> 0 -.- -'il ~ ,,-,'" 0 .-j , :-r -, fn C'- ? c ~ ['0 -J "" ; , 0-. ,- in '^ C>' ':_.J ':~... .< ..a --<; ~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-05352 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHOENIX ACCOUNTS RECEIVABLE VS BURKE SHAWN D TREVOR KENT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PETITION was served upon BURKE SHAWN D the RESPONDANT , at 1955:00 HOURS, on the 24th day of October 2005 at 2167 CENTERBURY DRIVE MECHANICSBURG, PA 17055 by handing to SHAWN BURKE a true and attested copy of PETITION together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.60 .00 10.00 .00 37.60 --,"0..,,/7 ./~. -r ...:::f;.~'';'.~~,~~~. /1' ~ , R. Thomas Kline 10/25/2005 WELTMAN WEINBERG REIS Sworn and Subscribed to before By: ~K~ Deputy Sheriff me this ~.-~ day of ~ 2<7l>< A.D. ;2~<~~ rotn 0 ary , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE III, LLC, Petitioner, No. 05-5352 CIVIL vs. PRAECIPE FOR DETERMINATION SHA WN D. BURKE, Respondent. FlLED ON BEHALF OF Petitioner COUNSEL OF RECORD OF TillS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, P A 15219 (412) 434-7955 WWR#04426633 " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE III, LLC, Petitioner, vs. Civil Action No. 05-5352 CIVIL SHAWN D. BURKE, Respondent. PRAECIPE FOR DETERMINATION Kindly forward the Petition to Confirm Arbitration Award, which was filed on October 12, 2005, to a Judge for decision. WELTMAN, WEINBERG & REIS CO., L.PA By: MWt;? William T. Molczan, Es Ire PA !.D. #47437 WELTMAN, WEINBERG & RElS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #04426633 r-> ."-.., <,y" 0.-',.;.... r-.' <-..' \',.:J ....,,! --~I -~". ~:IJ .< en . WWR# 04426633 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE, III, LLC, Petitioner, No. O~- ~3~:z. C.iU'lC-r~ vs. SHA WN D. BURKE, Respondent. RULE AND NOW, th,,1 ~ day of ~ 200 ~ petition, it is hereby ordered that , upon consideration of the foregoing (1) a Rule is issued upon the Respondent to Show Cause, in the form of written response, Why the arbitration award should not be confirmed and judgment entered; (2) the Respondent shall file an Answer to the Petition within ~O days of service upon the Respondent; ~ J/.. 0-- G,r.......- t~_ ~ : ~) the petition shall be decided un er Pa.R.C.P. No. 206.7; (4) discovery shall be completed within forty five (45) days of the service upon Petitioner of the Answer to the Petition; (5) notice of the entry of this order shall be provide etitioner. J. v ,l, c: :? r~J l.~-~ rJ:J7 ~~ ;0 ~. c~,,'~ ~, ~' .-.J C'- ~ C U'. 'I C -J ~~ C> V\ Co' c> ~O\. ~ ,,' (-) c, .-1 i. ., r,-' __Cd:k.'.~./..C.'~~ ""~"--.':" "-.C/ OF INNOVA~ QROWTH'" RE$Ul-TS BURLINGTON, NJ " : 609.9140437 , : CHICAGO, IL 847940.9812 CINCINNATI. OH 513.723.2200 CLEVELAND,OH 2] 6.685.] 000 COLUMBUS,OH 6142287272 DETROIT, MI 248.362.6100 PHILADELPHIA, PA 215.599.1500 WELTMAN, WEINBERG & REIS Cq.,].".P.A. ATTORNEYS AT LAW j-t:' , . '''.' 2718 Koppers Building 436 Seventh Avenue NnV ?, (;) 2005 Pittsburgh, Pennsylvania 15219 ww~.:~~t~7::'~om f!!J::. October 5, 2005 .-.- ):;;,535.2. {t;;J . J I-<- Office of the Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013 In Re: Shawn Burke Creditor: Phoenix Accounts Receivable Account No. 5329090012134445 Our File No. 04426633 Dear Sir or Madam: Enclosed please find a Petition to Confirm Arbitration Award and Enter Judgment thereon that we wish to file in your county, Once the Petition has been filed, please provide this office with time-stamped copies of the coversheet in the self-addressed envelope provided. Once it has been filed, please forward the Petition to the Sheriff's office for service. PLEASE DO NOT FORWARD THE PETITION TO A JUDGE FOR DECISION ON THE ORDER. WHEN SERVICE IS COMPLETE WE WILL REQUEST THAT THE PETITION TO BE FORWARDED AT THAT TIME. Thank you for your attention to this matter. If you should have any questions or require anything from me, please do not hesitate to contact me. Enclosure I l~,T -, (en \ NOV? q 2005 I I , k~'(_..Ji u._._~cJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE, III, LLC, No. os - f35'j ~ Petitioner, vs. SHA WN D. BURKE, PETITION TO CONFIRM ARBITRATION AWARD AND ENTER JUDGMENT THEREON Respondent. FILED ON BEHALF OF: Petitioner COUNSEL OF RECORD OF TillS PARTY: William T. Molczan, Esquire PA!.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #04426633 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE, III, LLC, No. ()5- S"J5.l- C;;J ~ Petitioner, vs. SHAWN D. BURKE, Respondent. PETITION TO CONFIRM ARBITRATION AWARD AND ENTER JUDGMENT THEREON AND NOW, comes Petitioner, Phoenix Accounts Receivable III, LLC, by and through its counsel, William T. Molczan, Esquire and Weltman, Weinberg & Reis, CO., L.P.A., and files the within Petition to Confirm Arbitration Award and Enter Judgment thereon pursuant to the Pennsylvania Uniform Arbitration Act 42 Pa, C.S.A. 9 73 I 7. In support thereof, Petitioner avers the following: I. Petitioner, Phoenix Accounts Receivable III, LLC, IS a corporation located In Wilmington, Delaware. 2. Respondent is an adult individual with a last known address of 2167 Centerbury Drive, Mechanicsburg, PA 17055. 3. On or before February 7, 1990, Petitioner and Respondent entered into a Cardmember Agreement for a credit card bearing the account number 5329090012134445. Said Agreement contains a provision to settle by arbitration any claim, dispute or controversy arising from or relating in any way to the Agreement. A true and correct copy of the pertinent part of the Agreement is attached as Exhibit "A" and made a part of this petition. 4. On or around February 1, 2005, Petitioner submitted its dispute with Respondent to arbitration as provided in the arbitration clause of the Agreement. 5. After notice was properly given to all the parties to the arbitration, the matter proceeded in accord with the applicable National Arbitration Forum Code of Procedure before Jared D. Simmer, Esquire, as arbitrator. A true and correct copy of the proof of service to Respondent is attached as Exhibit "B" and made a part of this petition. 6. On or about April 18, 2005, in the state of Pennsylvania, the arbitrator made his award determining all issues submitted to him, and awarded Petitioner the sum of $4,0 I 0.89. A signed copy of the award, duly acknowledged, was served on the parties on or about April 18,2005. A true and correct copy of the award is attached and made a part of this Petition. 7. More than thirty days have passed since entry of the arbitrator's award, and Respondent has taken no action to contest its validity. WHEREFORE, Petitioner, respectfully requests that this Court enter an Order confirming the arbitration award, and that judgment be entered against Respondent for the full amount of the award, plus interest at the statutory rate of 6% per annum from the date of the award, costs and such other relief as the Court deems appropriate. Respectfully Submitted: By: :z--- William T. Molcza ,Esq PA!.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 27 I 8 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 ~~_~r-jO-'<:UU' IUC I<:.UI rn ;)J1LC;' IJl1NH'ocru:.NI rMA NU, JU<: ~'O UqjO II Credit Card f4.9,reement ij r, UClIJ -c-> -~-,J~ ",.1" , .- General In this Credit Card Agreement. the words "you" and "your" refer to each and all of the persons who accept a 'credit card issued by us or under an account we hold This Credit Card A€reelJWry\Athe "Agreement") consists of this document and the terms and conditions set fonh in the Required Federal Disclosures section of the accompanying card carrier. which is incorporated herein and made a part hereol. The words. "we: "us: "our" and "MBNA America" mean MBNA America Bank. N.A. When you accept or use the account, you agree to the terms in this Agreement You should sign your card before you use it. You consent to and authorize MBNA America. any of its affiliates. or its marketing associates to monitor and/or record any 01 your telephone conversations with our repre" sentatives or the representatives of any of those companies. All capitalized terms not defined herein shall have the meaning as defined in the ReqUired Federal Disclosures section of your card carrier. Infonnation Gatf1ering and Sf1aring From time to time. we may obtain updated informa- tion about you including, for example. credit informa- tion. We may share information about you with credit reporting agencies and others. including merchants. and among companies affiliated with us. You may request that Inlormation about you not be shared among our affiliates. other than Information pertaining solely to transactions or experiences between you and'us (or an MBNA America atliliale). by writing us at MBNA, Affiliate Information Sharing, P.O. Box J 5342. Wilmington. DE } 9850-5342. Please include your name. address, home phone number and all MBNA America account numbers. If you believe that inaccurate or incomplete information about you or your account has been shared by us with a credit reporting agency. write to us at: MBNA. Credit Reporflng Agendes. P.O. Box 17054. Wilmington. DE /9884-7054. Please include your name, address, home phone number, and account number, -and explain which information you believe is inaccurate or incomplete. EXHIBIT ',4 ~ - SEP 11; 2003 12: e? PAGE. 02 :>tr-lo-e:.UUJ IUr. LC'UD fll vnLt.:) I lMl'tnlJtllI:.n I .\', . " ....: . - ; 1 I SEP t6 2803 12:08 r n^ nu, JUe:. /.fJO Uq"O r. UjJ Jj , i. . HoH' 10 Use Y<,uY 1j('QIIlIl. You may use your credit card to purchase or lease goods or services trom persons who honor the card. You may also use your card to obtain Cash Advances. You may not use a check Cash Advance. or any other Cash Advance, to make a payment on this or any other credit account with us. You may not use your account for busi- ness or commercial purpos~s. . Certain establishmenls'rRa-y '~sh your personal checks upon presentment of your card. In the event we are required to pay the amount 01 a check cashed in this way because the check is not paid lor any reason. we will charge your account for a Cash Advance in the amount of the check and any processing charge we actually inOlr. If you permit any person to have access to your card or account number with the authorization to make a charge. you may be liable for all charges made by that person including charges for which you may not have intended to be liable. The transaction date for Check Cash Advances and .Balance 'Transfers is the date you or the person to whom the check is made payable first deposits or cashes' the check. The transaction date lor a returned payment (a Bank Cash Advance) is the date that the correspondIng payment posted to your account. You may request a stop payment on check Cash Advances by providing us with the check number. dollar amount. and payee exactly as they appear on the Check Cash Advance. Oral and written stop payment requests on Check Cash Advances are effective for six months from the day that we place the stop payment on yout account. You may not use a.postdated Check Cash Advance to obtain credit under your account. If you do postdate a Check Cash Advance. we may elect to honor it upon pre- sentment or retum it unpaid to the pallY which presented it to US lor payment. without in either case awaiting the date shown on the Check Cash Advance. We are not liable to you lor any loss or expense incurred by you arising out of the action we elect to laKe. i 1 ' ~ayment You promise to pay us the amounts of all credit you obtain: this includes all purchases. cash advances, lees. 2 PAGE. 03 SEP-)o-cUUj IUt lc:UB rn ~HLt~ nHNHutntNI rHt. NU. jU~ q~o Uqjo r. Uq/ Jj ,: ' . . 5EP 16 2003 12'08 , i cJ:JaFGes. ana iflJl:lrer.cc PII,.III;UIII:Jr.V'/c <;:I~~C;)::r. a~dllltl\ your account and Finance Charges, You may pay the entire amount outstanding at any t1rne. You must pay each month at least the minimum payment shown on your monthly statement. If you over- payor if a credit balance Is otherwise created In your account. we will not pay interesl on such amounts. Your payment will be allocated in a manner we determine. In most instances. we will aH6'cate your payments to balances (including new transactions) with lower APRs before balances with higher APRs. This will result in new bal- ances with a lower rare of interest being paid before any other existing balances. All p,=ymenls will be credited to your account for the billing cycle in which each payment is received: however. your available credit may not be Increased by the amount 01 the payment until your funds have cleared. Minimum monthly payments can. not be made in advance and payments made in any billing cycle which are greater than the minimum pay- ment due will not alfect your obligation to make subse. quent minimum payments each month. We can reject payments not denominated in U.S. dollars or not drawn on a U.S. Bank. No payment shall operate as an accord and satisfacrion Without the prior written approval of a senior officer of MBNA America. All persons who initially or subsequently request, accept or use the account are individually and together responsible for any outstanding balance. II two or more persons are responsible to pay any outstanding balance. we may refuse to release any of them from liability until all of the unexpired cards outstanding under the account have been returned to us and the balance is paid in full. Reasons for Requiring Immediate Payment You will be in default and we can require immediate payment of all amounts you owe iI: (1) you fail to make any required payment by the Payment Due Date; (2) your New Balance Total exceeds your credit /fmit, or if we have established a separate Cash Advance credit limit for yOU. your outstanding Cash Advance balance exceeds your Cash Advance credit limit: '01/3) you fail to abide by any other terms of this Agreemenr. If you default. unless prohibited by applicable la~. we 3 PRGE. 04 ~l:.r-l0-LUU.j WI:. L'-'W rll JOLt:,) lInltnl.1~JII.:'111 I nn nv. vvc.. "hJU V'1,JU I. 1,J,Jll..J .; . ~~ can also require you to pay the collection and court costs we incur in any collection proceeding. and a reo. sonable attorney's fee if we refer your account for collee. tion to an attorney who is not our salaried employee. Our failure to exercise any 01 our rights when you delault does not mean that we are unable to exercise those rights upon later de[ault. (~ . Payment Holidays We may allow you. Irom time to time, to omit a monthly payment. We will notify you when this option is available. If you omit a payment. Finance Charges and credit insurance premiums. il any, will accrue on your balance in accordance with this Agreement. The requirement that you make a minimum payment each month wjJJ resume following your payment holiday, Charges Made )>> Foreign Currencies If you incur a charge in a loreign currency, the charge will be converted by Visa International or MasterCard International, depending on which card you use. into a U S. dollar amount in accordance with the operating regulations or conversion procedures in effeCT at the time that the transaction is processed. Currently. .those regulations and procedures provide that the currency conversiol) rate to be used is either II) a wholesale market rate or (21 a government-mandated rate in effect one day prior 10 the processing date, increased by one percent in each case. Visa or MasterCard retains this one percent as compensation for performing the curren- cy conversion service. The currency conversion rate in effect on the processing dale may differ from the rate in eflect on the transaction date or the posting date. Billing Cycle A billing cycle begins on the day after the closing date shown on your account's preceding monthly statement and ends on the Closing date that appears on your account's statement fOl the current month. Account Fees and Cnarges Account Fees: The foJ/owing fees. whIch are set forth on your cald carrier, are assessed as Purchases In the billing cycle in which such charges accrue: II) a Late Fee, 121 if your account is overlimit , even if lees or 4 SEP 16 2003 12:08 PRGE.0S ~t.r-l O-LU\J.J I tJc. !Co' UU '!' o.Jffi.L..,) UnUnVL..lILJIJ " , . . ~: . -' I I 1 , SEP 15 2003 12:89 I J In I'..... <JUt.. ,,,1..1 1..1,,,1..1 I' VUI I>J I I ; -I r;Ju!i.II" CL2.dol.o.;l a';'.;l<'J.!l\..J 1""1 u!:a \...od.;;.t:: ]VlJl t~c;w B~l::llll.t:" Total to exceed your credit limit) on the last day 01 ;; billing Cycle. an Overlimit Fee is charged to your account as of the day in the billing cycle that your account went . over the credit limit; 13) a Returned Payment Fee if a pal" ment on your account Is returned for insufficient funds or (or. any other reason. even if it is paid upon subsequent presentment: (4) a Returned/Check Fee jf we return a Check Cash Advance unpalcfrOf any reason, even if the Check Cash Advance is paid upon subsequent present, ment: (5) if your account is open or if you maintain an account balance. whether you have active charging privi- leges or not, an Annual Fee. Abandoned Property Charges: Unless prohibited by applicable law. we wili charge your account. as a Purchase. for any costs incurred by us associated with complying with state abandoned property laws. Addilional Account Fees and Charges: Please review the ReqUired Federal Disclosures section of your card carrier for additional fees and charges that may apply to your account. ,. ! j, Benefits You will be offered certain benefits which will be sub- lect to the restrictions outlined in the benefits brochure provided to you by MBNA America. MBNA Americ.1 reserves the right to adjust. add. or delete benefits and services at any lime and without notice. Refusal to Honor Your Card We are not liable lor any refusal to honor your card or any Cash Advance or for any retention of your card by us. any other bank, or any seller or lessor 01 goods or services. i I I J Termination We may suspend or terminate your right to obtain credit at any time for any reason. Your obligations Imder thIs Agreement continue even after your right to obtain credit has been suspended or terminated. You must return all credit cards to us on request. Amendments We may amend this Agreement at any time by adding, 5 PI1flE.85 StP-]~-"UUj IUt I".U~ rII ~"~t~ 1U1I'1H~Wtl'<f ,~ . rn/\ l1V. J~ '1;,)() lJ'f,JU J. VII hJ ~ ~ , : . SEP 16 2003 12' 89 -j i j , I i ! I / I , applicable notification requirements of federal law and the laws 01 the State of Del.ware. II an amendment gives you the oppoIiunity to reject the change. and if you re;ect the 'change in" the manner provided in such amendment. we may terminate your right to receive credit and may ask you to retum all credit devices as a condition of your rejec- tion The amended Agreement (including any higher rate or orher higher charges orle4fs}-will apply to the enrire unpaid balance, including the balance existing before the amendment became effective, We may replace your credit card with another card at any time. Assignment We may at any time. and without notice to you, assign your account. any sums due on your account, this Agreement or our rignts or obligations under your account Dr this Agreement to any person or entity. The person or entity to wnom we make any such assignment shall be entitled to all of our rights and/or obligations under this Agreement, to the extent assigned. Credit Limit Your credit limit is shown on your card carrier and gen- erally on ea<:h monthly statement. We may change your credit limit or limits from time to time, and we will notify you if we do. The total amount of credit outstanding at any time must not be more than yeur credit limit. We may also establish a separate credit limit for Cash Advances. If we do. your outstanding Cash Advance balance may not exceed this Cash Advance limit. Request for Credit Over Your Credit Limits If yeu request credit in any form which, jf granted. would result in either your total outstanding balance or your Cash Advance balance. including authorized transac- tions not yet posted to your account, being more than your credit limit or your Cash Advance credit limit. if we have established one for you, (whether or not such bal- ances before the request were more than the respeaive credit limit), we may; (I) honor the request without per- manently raising your credit! imit; (2) honor the request and treat the amount which is more than your credillimit 6 PRGE.l3? SEP-16-LUU.J TUt I~:U~ rn ~RLt:s I1RNRl1tntNI rH^ mJ. JU~ ~OO U~JO r. UOJ JJ .: . ,. I i , We may advise the person who made the request that it has been refused. II we refuse to honor a Check Cash Advance or Balance Transfer. we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused. that there are insufficient funds to pay the Check Cash Advance or Balance Transfer, or in any,other'manner. - If we have previously hori6red'requests for credit over your credit limit. it does not mean that we will honor further overlimit requests. If we decide to honor such a request. we may assess an OVerlimlt Fee as prOvided in thiS Agreement. Unauthorized Use of Your Card please notify us immediately of the loss. theft. or possible unauthorized use 01 your account at 1-800-789-6701. Governing lAw This Agreement is made in Delaware. It is governed by the laws 0/ the State of Delaware. without regard to its conflict of laws principles. and by any applicable federal laws. If any part of this Agreement Is found to be invalid. the rest remains effective. Our failure or delay in exer. cising any of our ri€hts under this Agreement does not mean that we are unable to exercise those rights later. Litigation The Arbitration provisions below apply to you unless you were given the oppoltuniry to reject the Arbitration provisions and you did so reject them; in which case. you agree that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. ArbItration: Any claim or dispute ('Claim-) by either you or us against the other. or against the employees. agents or assigns of the other. arising from or relating in any way to this Agreement or any prior Agreement or your account (whether under a statute, in contracr, tort. or otherwise and whether for money damages, penalties or declaratory or equitable relief). including Claims regarding the applicability of this Arbitration Section or the validity of the entire 7 SEP 16 2063 12:69 PAGE. as SEP-16-cUU3 1Ut I~;U~ rn ~ALt~ nANHtitntNI ~:. , . SEP 1620e3 12'10 tHh NU, jU~ qO~ Uqj~ r. Utl/lJ " AfN>pmpnr ('Jr .:::lny pnnf AerF,pmpnr "tl.:ll~ /"')p ("pcntllPf1 I1Y binding arbitration. The arbitration shall be conducted by the National Arbitration Forum ("NAt'). under the Code of Procedure in . effect at the time the Claim Is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.arb-forumcom,olP.O.'Box50191. Minneapolis, Minnesota 55-49~, telephone j-800-474-237J. If the NAF is unable or unwilling to act as arbitrator. we may substitute another nationally recognized, indepen- dent arbitration organization that uses a similar code of procedure. At your written reqlJest, we will advance any arbitration ming lee, administrative and hearing fees which you are required to pay to pursue a Claim in arbi- tration. The arbitrator will decide who will be ultimately responsible for paying those fees. In no event will you be required to reimburse us for anyarbimtion filing. adminisrrative or hearing fees in all amount greater than what your court costs would have been il the Claim had been resolved in a state court with jurisdiction, Any arbitration hearing at which you appear wilt take place within the federal judicial district that includes your billing address at the time the Claim is /iled. This arbitra. tion agreement'is made pursuant to a transaction-involv- ing inters;ate:corrimerce, and shall be govemedby the Federal Arbitration Act, 9 USe. ~~ )-16 (!'FM"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follolll existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims orprivilelle recognized by law. If anypaFty , requests, the arbitrator shall write an opinion containing the reasons for the award. No claim submitted to arbitration is heard by a jury and no Claim may be brought as a class action or as a private' attorney general. You do not have the right to act as a class representative or paltidpate,as a member 01 a class of claimants with respect to any Claim. This Arbitration Section applies to all Claims now.in existence or that may arise in the luture. This Arbitration Section shall survive the termination of your account-with us as well as any voluntary pay- ment 01 the debt in fuJJ by you. any bankruptcy by you 8 P~GE.09 . ~ \' '- . . ~tr-la-<vv~ IV!: ".JIJ rll .,)nLL'.V ItnJ'mIJ.tIJJ.:JtJ Inn 11V. ...H.lr.. '1.JU V""'lJ I. JVI Jo,) -I,.: .. SEP 16 2003 12' III f I _ or sale of the debt by us. For the purposes of this Arbitration Section, -we' and 'us' me~ns MBNA America Bank. NA, its parent. sub. sidiaries. affiliates, licensees. predecessors, successors. assigns, and any purchaser of your account, and all of their officers, directors, employees. agents and assigns or any and all of them. Additionally. 'we" or 'us' shall mean any third parry providing benefits, services;'or products in connection with the account (including but not limited to credit bureaus, merchants that accept any credit device issued under the account, rewards or enrollment services. credit insurance companies. debt collectors , and all of their officers. directors. employees and agents} if, and only if. such a third party is named by you as a 'co-defendant in any Claim you assert against us. Also. for the purposes of this Arbitration Section, 'you' Dr )lours" shail mean any person or entity approved by us to use the Account, including but not limited to all per- sons or entities cDntractually obligated on the Account and all authorized users of the account. If any part of this Arbitration Section is found to be invalid or unenforceable under any law or statute consls. tent With the 'FAA, the remainder of this Arbitration Section shall be enforceable Without regard to such invalidity or unenforceabllity. THE RESULT OF THIS ARBITRATION AGREEMENT IS THAT. EXCEPT AS PROVIDED ABOVE. CLAIMS CAN. NOT BE LITIGATED IN COURT, INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A JURY. AS CLASS AcrlONS OR AS PRIVATE AITORNEY GENERAL ACTIONS. Platinum Plus Coverage Credit Insurance Benefits, Limitations, Costs & Exclusions PIlltillllm Plus Coveralle pays your minimum monthly payment' up to your balance on the date of loss (not to exceed $15,000), until you return to work" if you are involuntarily unemployed, Iill2!l:i disabled, or jf you or your spOuse takes covered family leave. P14Unum Plus Coverage also pays your insured outstanding balance up to the least of your outstanding balance, your credit limit. or $1 5.000 if you die. I j I 1 I ~ i i i 1 I , I 9 , -----.- PAGE. III SEP-1S-2003 TUI:. 1,:10 rn Sf\LI:.S MANf\I.iI:.l1~Nl rRX NU. jU< q~tl Uqjtl r, llllj ,I', . the primary cardholder or a co-applkant. authorized users are not eligible).'under age 05 (70.in AZ. NV & VA; 7/ in FL. GA, MI. MO /',. OK; 72 in NM1. Your coverage ends at these same ages (except family leave in n. FL & SO & unemployment unless in TX). When enrolled, certificates wjll be mailed explaining your coverage &effeaivedate. In MN. unemployment coverage is effective 61 days from your certificate effective djllt. for unemployment or fami. Iy leave benefits. you must be gainfully employed working at least 30 hrslwk (not sell-employed or an independent contractor) lor 90 consecutive days before the date of loss ICO. before application datel. (PA. on the date of loss). (TX . before coverage effective date lor unemploymentl. Employees of professional corporations may be eligible. Coveraees & Benefits, Platinum Plus Coverage covers; your death; involuntary unemployment due to job loss. general strike. unionized labor dispute or lockout: total disabi}jty due to sickness or injury if you are unable to perform the material & substantial duties of your job lor. any job alter the first /8 mos, in CA. HI. NI, TN & WI; 12 mos. in PAl; your 01 your spouse's unpaid leave of absence from employment due to. care of your newbom or newly adopted child or an incapacitated immediate family member (must be spouse. child. stepchild or parent in AK). mandatoI)' recall to active military duty, IUry duty (except in AKI. or residence in a federally declared disas- ter area. Loss (not death) must continue at least 30 days be/ore benefits begin. In NY. for strikes, unionized labor disputes & lockouts, you must be unemployed lor 7 consecutive weeks & qualify for state unemployment . benefits before bene/its begin. A daily benefit is paid for each day of loss over 30 days for unemployment in NY C- PA, and disability in CA. cr. NY, MI. PA & SC. You may cancel this coverage at any time. Jf canceled within fjrst 30 days of coverage, all premiums will be refunded. Exclusions, Life: suicide in the first 6 months of coverage (not MD & MO). Involuntary Unemployment: retirement, resignation. voluntary foneiture 0/ income or iob loss due to willful or criminal misconduct. disability. strikes in IL, millta/)' discharge in NY, normal seasonal unemployment in TX. Disability: normal pregnancy or childbirth (not CA. MA & NVJ. intentionally sell-inDicted injuries (not MDl or a pre-existing medical condition 10 Sf? 16 2l3~3 12: 1~ PAOE. 11 ~t.r'-JO-CVUJ IUt. Ic' lU rll ':>OLL;.o,J IUlnn\1L.IIL.ltl Illl\ IlV. ....Vl... .,...V V.,"'U I. H..,I J.... L'" . . ~..; . Clurmg 11151 6 "'011[1,) wI ~w.U.,&e: [net Hl}. Family IQ'''~ benefits are not paid jf you are eligible for or receivin€ unemployment benefits or are disabled. This is only a brief description of coverage. and cover. ages vary by state. Please refer to your certificates for a full explanation of coverage. Celli per SI 00 per Month ot Averaae Dail" Balance: Costs apply to Ufe P';" [)Jsability (b), Unemployment (VI & family Leave IF): AL 49.k AK 78e; AZ 99c; AR 97.5c; CA 89.9c: CO 52.35c; CT 42.89c; DE 96.97c; DC 95.3c; FL 89c; CA 88c; HI 89.9Ic: ID 95.2e (L 8.6C. D 12.6C. U 54(. F 20c): lL8Dc; IN 96(: IA 95.6C (L 7.2c. D 14.4(, U 54C. F 2Dc); KS 85.4e; XY 97.4(; LA 89.7e: MD 70.54c: MA 18.4c: MI85.7c: MN 30,65e; MS 85.2(; 1..10 61.1c; MT 93.ge; Nt 95.8c: NV 95.3e: NH 95(: N) 97c; NM 58,9(; NY 52.5c (L 8.8c. 0 26.8(. U 16.ge); NC 74.3c; NO 94.Jc: OH 9ge; OK 92.4c: OR 84.7e; PA 38.1e; PR 99c: RI93,15e: SC tOc: SD 96,89C; TN 92.5c: TX 33.7e (L 5.7c. D l2e. U I6c); UT 91.88c; lIT 28Ac (L 5.99(. D 6Ale. F 16c): VA 84c IL 6.1c, o 8.ge. U 49(, f iOcI; WA 84c; WV 95.2e; WI 93.6e (L 5.7e, D 8.ge. U 5ge. F 2Oc): WY 95.5e. Availabill!\': This coverage is not available in ME. Involuntary Unemployment is not available in MA or vt. Family Leave is not available in AL. CT. MA. MD. MN. NM. NY, PA. or TX . Underwrltine Comoan;eS/Policv: Involuntary Unemployment: American Security/LOI15/85). LO! NY(3193J, AS LOr TX (6192). LOIC-1P-KS (2/96). and LOIc:. IP: Standard GuarantylSG LOI (5/B5) (NH only). Life & Disability: Union Security UfeIL.I-Z; Standard Guaranty Life (TX only)IL.J.Z fB/92)l3.53RA); First Fortis ute (NY Life only)/NYLMOO J 3; and American Security (NY Disability only)/W-S-A Family Leave: 'American SecuritylFLP (4/97). FLP-F'L (J2/97) in FL, FLP-NC 13/98) in NC, FLP-0X 14197) in OK. FLP-VA (2/98) in VA, FL-!P IAZ)(1/98) inAZ, FL.]P (4/97) in'lt & IN. FL-IP-KS (12197 in KS, FL-lp.wy /4/97) In WY: Standard GuarantylFLP (41971 in NH: Union Sewri!)' LifetFLP-YJ' (4/97) in VT Soliciting agents lor Mississippi and Florida are Charles M. Gordon and Pamela CuJtis respectively. This product is not an insured deposit account, is not FDIC insured. is not guaranteed by MBNA America Bank, N.A., and is not a condition 01 obtaining credit. .-" II , - SEP 16 2003 12: 113 PAGE,12 . SEP-Ib-~UUj IUt 1~:ll rn oHLto nHNHytntNI .. \ , . .\", . ~." SEP 16 20B3 12: 11 I I , j ! , i ./ j I I ! i I I I I I I I I rH^ NU. ~u, 4~O U4JO r. IJll~ I I "Less past due and over credit limit amounts. In MI. coverage pays 5% of the balance on your date of disability up to $750. In NY. coverage pays the minimum payment due on your date of Joss. ""The number of monthly benefit payments will not exceed 9 for family leave: 12 for unemployment in AL. AK. CT. IL. MI. MN. MO. NM. NC. NY. PA. SC &- TX: 12 for disabilitY except In CA. HI. IN, KS.1M.,NJ. NY. PA TN. 'IX &- WI. NY, 'N) & TX Residents Only: To purchase coverages separately. write to Assurant Group. P.O. Box 50355. Atlanta, GA 30302. Applications will be sent to you. i j , I ! I ! , . MBNA America Bank. N-^.. is the excluSive 'issuer and administrator of this and other PlaUnklit, Plusc:redit card accounts MBNA America@ is a federally registered service mark of MBNA America Bank. N,A. ~ 2000 MBNA America Bank. NA. NEXT90 (Revised 4/2000) DISC-58 . 4/1100 MBNAULOJ (MBNA-UD/Uncapped LOllFL) 12 , PRGE.13 . . fe(Ex. Express FedEx Express Customer Support Trace 3875 Airways Boulevard Module H, 4th Floor Memphis, TN 38116 U.S. Mail: PO Box 727 M ernphis, TN 38194-4643 Telephone: 901-369-3600 2/8/2005 Dear Customer: Here is the proof of delivery for the shipment with tracking number 790412781998. Our records reflect the following information. Delivery Information: Signed For By: S.BURKE A signature is unavailable online for this tracking number. Please use the fax request option or contact Customer Service for further investigation at 1-800-Go-F edEx. Delivery Location: 2167 CANTERBURY DR Delivery Date: 2/3/2005 Delivery Time: 11 :32 Shipping Information: Tracking No: 790412781998 Recipient: SHAWN BURKE 40195210 2167 CANTERBURY DR MECHANICS BURG, PA 17055 US Shipment Reference Information: 40195210 Ship Date: 2/1/2005 Shipper: JAMES D. BRANTON",Esa. MANN BRACKEN LLI,., ONE PACES WEST" SUITE 1400 ATU\NTA, GA 303.)9 US Thank you for choosing FedEx Express. We look forward to working with you in the future. Fed Ex Worldwide. Customer Service 1-800-Go-Fed Ex<81 Reference No.: R2005020800178709011 EXHIBIT ,6 . . III NATIONAL ARBITRATION FORUM @ Phoenix Accounts Receivable III, LLC c/o Mann Bracken, LLC 2727 Paces Ferry Road One Paces West, 14th Floor Atlanta, GA 30339 CLAIMANT(s), AWARD RE: Phoenix Accounts Receivable III, LLC v Shawn D Burke File Number: FA0502000413395 Claimant File Number: 5329090012134445 Shawn D Burke 2167 Canterbury Dr Mechanicsburg, P A 17055 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: 1. That no known conflict of interest exists. 2. That on or before 02/01/2005 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 $4,010.89. Entered in the State of Pennsylvania ',redO. s;9k- Arbitrator ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was dul~ntercd.and the Forum hereby certifies that a c9PyOf;thi~~aTd"was sent by first class mail posta,ge PJcPafd to th" PaFlies at the above referenced a4tel~~~~p~tW~4'~\entatives, on , 'll'ltl'.-;" I~' .. \::::J ;----1: . 1000000i \~/\\-~-"~.~--"- //~/ 'Ai>' '-. /-.?:o../ "':'" . . <::,'/ cA I "<4~)~'~ ~ _ ~:- ...--- c>""-- Honorable HamId K.-iliu.'1, Ret. Dire etor Date: 04/18/2005 - . . CERTIFICATE OF SERVICE The undersigned hereby certifies that the Cumberland county Sheriff is currently attempting service of the within Petition to Confirm Arbitration Award and Enter Judgment Thereon at the below address. Shawn D. Burke 2167 Centerbury Drive Mechanicsburg, P A 17055 WELTMAN, WEINBERG & REIS CO., L.PA By: William . Molczan, Esquir PA I.D, #47437 WELTMAN, WEINBERG & REIS CO., LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PAl 5219 (412) 434-7955 .. ... VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he is an attorney for the Petitioner herein; makes this Verification based upon the facts as supplied to him by the Petitioner and/or its agents and because the Petitioner is outside the jurisdiction of the court and the Petitioner's Verification cannot be obtained within the time allowed for filing of this petition, and that the facts set forth in the foregoing petition are true and correct to the best of his knowledge, information and belief. I~itl" . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE III, LLC, Petitioner, No. 05-5352 Civil vs. AFFlDA VIT OF SERVICE FOR RULE RETURNABLE SHA WN D. BURKE, Respondent. FILED ON BEHALF OF Petitioner COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA !.D. #47437 WEL TMAN, WEINBERG & REIS CO., L,P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 152 I 9 (412) 434-7955 WWR#04426633 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE III, LLC, Petitioner, No. 05-5352 Civil vs. SHA WN D. BURKE, Respondent. AFFIDAVIT OF SERVICE FOR RULE RETURNABLE Before me, the undersigned authority, a Notary Public, in and for said County and State, personally appeared William T, Molczan, Esquire, known to me, who being duly sworn according to law, deposes and says that he served a copy of the Rule on the Respondent, Shawn D. Burke, on December 19,2005, at his last known address of2I67 Cantebury Dr, Mechanicsburg, PA 17055. The Rule Return Date is January 9, 2006. A true and correct copy of the cover letter which was sent to Respondent, Shawn D. Burke, enclosing a copy of the Rule Returnable is attached hereto, marked as Exhibit "I" and made a part hereof. Service of the Rule is deemed to be perfected as of December 19, 2005, the date of mailing. WELTMAN, WEINBERG & REIS CO., L.P,A. By: f;J, William T. Molczan, Esq PA!.D. #47437 WEL TMAN, WEINBERG & REIS CO., L.P.A 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 Sworn to and subscribed before me this G('';\ \. ~ ';< l\} daY,~):~___ NWARY PUBLIC ; ~<,,,",.~~,,;. , BROOKLYNHTS., OR 216.739.5100 BURLINGfON, NJ 609.914,0437 ClIICAG(}, IL 3\2782.9676 ONCINNATI. OH 5]3.723.2200 aEVElA1W, OR 216.685.\{l(X) WELTMAN, ~G&REIsCO., LP.A ATIORNEYS AT lAw roWMBUS, OH 614.228.7272 DEERF1EUl, IL 847.940.9812 DEfROIT, MI 248.3626100 GROVE 0lY, 011 614.&l1.26l:Xl PIillADEIl'IIlA, PA 2J5.599.15CKJ ..u."'t"'.~ '--~:;:/'~ a, - .o,'""~ GIloWT~.~.SUCT' December 19, 2005 Shawn D Burke 2167 Canterbury Dr Mechanicsburg,Pa 17055 Re: Phoenix Accounts Recievable vs. Shawn Burke Case No. 05-5352 Civil Our file No. 04426633 Dear Mr. Burke: Enclosed please a Rule issued upon you, the Respondent, to show cause why the arbitration award in the amount of $4,010.89 entered on April 18, 2005, should not be confirmed and judgment entered for the full amount of the award. Please note that the Rule is returnable on or before January 9, 2005. If you would like to propose a settlement offer or set up a monthly payment arrangement, please contact this office. Thank you for your attention to this matter. Very truly yours, Kimberly Coyne, Paralegal Enclosure THIS FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR OUR CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. xl . "j' . ';R# 04426633 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE, 1II, LLC, No. Petitioner, vs. SHA WN D. BURKE, Respondent. RULE 1~ \)<A ~ ,. AND NOW, th:s- _ day of , 200 ~ ,upon consideration of the foregoing petition, it is hereby ordered that (1) a Rule is issued upon the Respondent to Show Cause, in the form of written response, Why the arbitration award should not be confirmed and judgment entered; (2) the Respondent shall file an Answer to the Petition within Respondent; J -~. 0-- c.,.-.....-.. ~~ ~ . 9) the petition shall be decided un er Pa,R.C.P. No. 206.7; ~o days of service upon the (4) discovery shall be completed within forty five (45) days of the service upon Petitioner of the Answer to the Petition; ~. (5) notice of the entry of this order shall be provid~fo all parties by the etitioner. 1. c ) 0 -n ,- --I -"""," ::r ::,:..:: " '-'" , ';^? , ., ~='J \".0 -< ., '.- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE III, LLC, No. 05-5352 Civil Petitioner, vs. MOTION TO MAKE RULE ABSOLUTE SHAW D. BURKE, Respondent. FILED ON BEHALF OF: Petitioner COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA J.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR #04426633 , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE III, LLC, No. 05-5352 Civil Petitioner, vs. SHA W D. BURKE, Respondent. MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioner, Phoenix Accounts Receivable III, LLC, by and through its counsel, Weltman, Weinberg & Reis, CO., L.P.A., and files the within Motion To Make Rule Absolute. In support thereof, Petitioner avers the following: I. On or about October 10, 2005, Plaintiff filed a Petition to Confirm Arbitration A ward and Enter Judgment Thereon in the amount of $4,010.89 plus statutory interest at the rate of 6.0% from the date of the award, being April 18, 2005, plus costs. 2. On or about December 7, 2005, this Honorable Court issued a Rule to Show Cause why the arbitration award should not be confirmed and judgment entered thereon. A copy of the Rule is attached hereto as Exhibit" 1 " and made a part hereof. 3. On or about December 19,2005, Petitioner served upon Respondent a copy of the Rule to Show Cause drawing special attention to the Rule Returnable Date. A copy of Petitioner's Affidavit of Service is attached as Exhibit "2" and made a part hereof. 4. No Response to the Rule Returnable has been received from the Respondent and, as such, all of the averments in the Petition to Confirm Arbitration Award are deemed admitted. . . WHEREFORE, Petitioner respectfully requests that this Court enter an Order Making the Rule issued by this Court Absolute, thereby confirming the arbitration award; and that judgment be entered against Respondent for the amount of the award, plus interest at the statutory rate of 6% from the date of the award, costs and such other relief as the Court deems appropriate. Respectfully Submitted: WELTMAN, WEINBERG & RE1S, CO., L.PA By: U' William T. Mol zan, Esq PA LD. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR #04426633 ~;; ... , WR# 04426633 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE, III, LLC, No. Petitioner, vs. SHA WN D. BURKE, Respondent. RULE AND NOW, thi::1 ~ day petition, it is hereby ordered that of \p.<6,J,.t. 200 ~ , , upon consideration of the foregoing (1) a Rule is issued upon the Respondent to Show Cause, in the form of written response, Why the arbitration award should not be confirmed and judgment entered; (2) the Respondent shall file an Answer to the Petition within ;0 days of service upon the Respondent; d J/...~~~ " ~) the petition shall be decided un er Pa.R.C.P. No. 206.7; (4) discovery shall be completed within forty five (45) days of the service upon Petitioner of the Answer to the Petition; 1. EXi-HBiT { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE III, LLC, Petitioner, No. 05-5352 Civil vs. AFFIDAVIT OF SERVICE FOR RULE RETURNABLE SHA WN D. BURKE, Respondent. FILED ON BEHALF OF Petitioner COUNSEL OF RECORD OF TillS PARTY: William T. Mo1czan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04426633 E~!Brr . .- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE III, LLe, Petitioner, No. 05-5352 Civil vs, SHAWND. BURKE, Respondent. AFFIDAVIT OF SERVICE FOR RULE RETURNABLE Before me, the undersigned authority, a Notary Public, in and for said County and State, personally appeared William T. Molczan, Esquire, known to me, who being duly sworn according to law, deposes and says that he served a copy of the Rule on the Respondent, Shawn D. Burke, on December 19, 2005, at his last known address of2I67 Cantebury Dr, Mechanicsburg, PA 17055. The Rule Return Date is January 9, 2006, A true and correct copy of the cover letter which was sent to Respondent, Shawn D, Burke, enclosing a copy of the Rule Returnable is attached hereto, marked as Exhibit "1" and made a part hereof. Service of the Rule is deemed to be perfected as of December 19, 2005, the date of mailing. WELTMAN, WEINBERG & REIS CO., L.P.A. By: W, William T. Molczan, Esq PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, PA 152]9 (412) 434-7955 Sworn to and subscribed before me this 9,')( ~- --- \ I \ i__. ....._,~. N . . BROOI<L\NIITS., OR 216.739.5100 B!1RLINGroN, NJ 609.914.0437 ODCAGO,ll. 312.7&2.9676 ClNCIN!'l<TI, OR 513:723.2200 a1MUND, OR 216.685.1000 WELlMAN, WEINBERG & REIs Co., LP.A ATIURNEYS AT lAw .~~~,7~ .=/~ """WTH'N:SUU" a>UlMIlUS, OR 614.228.7272 DEERFlElD, ll. 847.940.9812 DEIROIT, MI 248.362.6100 GROVE aIY, OR 614.801.2t(X) PIIIlADElPIIIA. PA 215.599.1500 December 19, 2005 Shawn 0 Burke 2167 Canterbury Dr Mechanicsburg,Pa 17055 Re: Phoenix Accounts Recievable VS. Shawn Burke Case No. 05-5352 Civil Our file No. 04426633 Dear Mr. Burke: Enclosed please a Rule issued upon you, the Respondent, to show cause why the arbitration award in the amount of $4,010.89 entered on April 18, 2005, should not be confirmed and judgment entered for the full amount of the award. Please note that the Rule is returnable on or before January 9, 2005. If you would like to propose a settlement offer or set up a monthly payment arrangement, please contact this office. Thank you for your attention to this matter. Very truly yours, Kimberly Coyne, Paralegal Enclosure THIS FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR OUR CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Motion for Rule Absolute was served on Respondent this ~day of ~ 2006, by first class, U.S. Mail, postage-prepaid, addressed as follows: cJ Shawn D Burke 2167 Canterbury Dr Mechanicsburg,Pa 17055 w ......1 -,) c,,_, -------- ~ , # ! [I, ,\i ~J L~ 'jlJl }U'If'i~ (. v'J ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE 1lI, LLC, No. 05-5352 Civil Petitioner, vs. SHA W D. BURKE, Respondent. ORDER OF COURT "l\! AND NOW, to-wit, this.. day of f e. 'otU!).{" 'l-' 2006, upon consideration of Petitioner's Motion for Rule Absolute, it is hereby ORDERED, ADJUDGED and DECREED that this Honorable Court's Rule be made absolute, thereby confirming the award entered by the arbitrator in the above captioned matter in all respects. Judgment is entered in favor of Petitioner and against Respondent in the amount of $4,010.89, with continuing interest thereon at the statutory interest rate of 6% per annum from the date of the award, being April 18, 2005, plus costs. BY THE COURT: J. 1, ~";(,, "~ ALl '.1 '-::::;~h!n:J ZZ :2 lid Z- 83.:15OD2 .~ " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE III, LLC, No. 05-5352 Civil Petitioner, vs, MOTION TO MAKE RULE ABSOLUTE SHAW D. BURKE, Respondent. FILED ON BEHALF OF: Petitioner COUNSEL OF RECORD OF TillS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PAl 52 I 9 (412) 434-7955 WWR #04426633 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE Ill, LLC Petitioner, No. 05-5352 Civil vs, PRAECIPE FOR JUDGMENT PER ORDER OF COURT SHA WN D. BURKE Respondent. FILED ON BEHALF OF Petitioner COUNSEL OF RECORD OF THIS PARTY: William T. Molczan PA!.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, P A 15219 (412) 434-7955 WWR #04426633 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE Ill, LLC Petitioner vs. Civil Action No. 05-5352 Civil SHA WN D. BURKE Respondent PRAECIPE FOR JUDGMENT PER ORDER OF COURT TO THE PROTHONOTARY: Pursuant to Pa.R.C.P. 237, I certify that a copy of this Praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. In that regard, pursuant to the Order of Court, dated February 2, 2006, kindly enter judgment in favor of Petitioner, Phoenix Accounts Receivable Ill, LLC, and against the Respondent, Shawn D. Burke, individually, in the amount of $4,0 1 0.89 with continuing interest thereon at the statutory interest rate of 6% per annum from April 18, 2005 and costs, A copy of the aforesaid February 2, 2006 Order of Court is attached hereto. WELTMAN, WEINBERG & REIS CO" L.P.A. By: 0.~V~~ William T. ~:fczan I PA I.D. #47437 WELTMAN, WEINBERG & REIS CO" L.P.A, 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 Petitioner's address is: c/o Weltman, Weinberg & Reis 2718 Koppers Building, 436 7ili Avenue. Pittsburgh, PA 15219 The last known address of the Respondent is: 2167 Canterbury Dr.,Mechanicsburg,Pa 17055 . WWR #04426633 ~._, -" ,I~,~..i 2 ;) 2005 - /Jd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE III, LLC, No. 05-5352 Civil Petitioner, vs. SHA W D. BURKE, Respondent. ORDER OF COURT I)nd AND NOW, to-wit, this ^ - day , 2006, upon consideration of Petitioner's Motion for Rule Absolute, it is hereby ORDERED, ADJUDG and DECREED that this Honorable Court's Rule be made absolute, thereby confirming the award entered by the arbitrator in the above captioned matter in all respects. Judgment is entered in favor of Petitioner and against Respondent in the amount of $4,010.89, with continuing interest thereon at the statutory interest rate of 6% per annum from the date of the award, being April " 18, 2005, plus costs. BY THE COURT: - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHOENIX ACCOUNTS RECEIVABLE !Il, LLC Petitioner YS. SHAWN D. BURKE Respondent Shawn D. Burke 2167 Canterbury Dr. Mechanicsburg,Pa 17055 Civil Action No. 05-5352 Civil NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff/Petitioner (xx) Defendant/Respondent ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Judgment in the amount of$4,010.89 with continuing interest thereon at the statutory interest rate of 6% per annum from April 18,2005 and costs. ( ) Trespass Judgment in the amount of$~pluscosts, ( ) Ifnot satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( X ) Court Order () Non-Pros () Confession () Default ( ) Admission () Verdict () Arbitration Award Prothonotary By: PROTHONOTARY (OR DEPUTY) WWR #04426633 9'01 ~ _/~ ___ t...J'-.,. .--J )oJ ~. 0 0<) -<:::.. ""'" ~ ~ ~ -;=:.. ~ V q' f: ~ ~d '% .~ r . ~, ~. ~, c' -l.. \' " '1;, ,... '0. ; ~. ~. (.