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HomeMy WebLinkAbout05-5361VULCIEMIL TWO WWWTON CENTRE 7% KING FARM BLVD, ROCKVLLE, MD 1060 LAW OFFICES WOLPOFF S ABRAMSON, L.L.P. AtRNMIHye N"Pmdks d D4& CObd(oN (A NwAow Cdit* n AO n" Notwak Fkm) 4660 TRONOLE ROAD 3RD FLOOR CAMP HILL. PA 17011 717303-6700 OUTSIDE THE CAMP HILL LOCAL AREA (TOLL FREE) 1-800.750-0675 FACSIMILE 717-737-0051 PLEASE DIRECT ALL INQUIRIES TO THE CAMP HILL OFFICE ATTN: Prothonotary/Court Administration RE: Petition to Confirm Arbitration Award Dear Clerk: METARE. LCUISIANA MM*APCLdk Mt MESOTA ST. LOVE. MISS" GREAT FALLS, MONTANA GMIMNA NEBRASKA LASV£OAS,NEYADA MANCHESTER. NEW HAMPSHIRS CEDAR KNOLLS, NEW JERSEY 0? ',LI ISLA • TS, Ndo" t.E.eu. AM yN•mM Y. d0M at op•,Ya b. a.a WSA MW dOp„AMNa e am.-s p.m. EST NF Please be advised that the undersigned represents the interest of the Plaintiff pursuant to this matter. Kindly note that the Petition to Confirm Arbitration Award and Memorandum of Law are being served upon the Defendant(s) by the Sheriffs office. Accordingly, our office requests that your office provides sufficient time in order for service to be effectuated prior to the scheduling of the hearing datelrule returnable date. Thank you for your assistance in processing this matter. Should you have questions, or if you would like to discuss this matter in greater detail, please contact the Senior Paralegal Department in our office by calling (717) 303-6700. Sincerely, Wolpoff & Abramson, L.L.P. J J J.,[\ i d •I tl-:1' IS•:d31;•]: F 1 C'•i la t•1;•1; L1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA A AMERICA BANK, N.A. Plaintiff NO. 05 " ? J l0 vs. CIVIL ACTION - LAW Y B. GAUKER Defendant RULE AND NOW, this day of , 2005, upon the consideration of the foregoing Petition to Confirm Arbitration Award, it is ORDERED that the parties to this action show cause, if any they have, why this Motion should not be granted. RULE RETURNABLE days from the date of service hereof. BY THE COURT: Judge LAW OFFICES WOLPOFF & "B SON, L.L.P. ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION 0660 TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 717-30367W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICA BANK, N.A. Plaintiff NO. O: 3?-? G= vs. Y B. GAUKER Defendant CIVIL ACTION - LAW RULE AND NOW, this day of , 2005, upon consideration of the within Plaintiffs Petition to Confirm Foreign Arbitration Award, a hearing shall be scheduled in the above captioned action for the day of 20, at a.m./p.m., in Court Room Number of the CUMBERLAND County Court House. BY THE COURT: J. LAW OFFICES WOLPOFF & ABRAMSON, L.L.P. ATTORNEYS7NTHEPR MC£ 0FDEBTCOLLECT70N 4660 TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 717-303-6700 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICA BANK, N.A. Plaintiff NO. vs. Y B. GAUKER CIVIL ACTION - LAW Defendant ORDER AND NOW, this day of , 200, upon consideration of Plaintiff's Petition to Confirm Arbitration Award, it is hereby ORDERED that Plaintiff's Arbitration Award is confirmed, pursuant to 42 Pa.C.S.A. §7313, and that judgment be entered in favor of Plaintiff and against Defendant in the amount of Eight Thousand Two Hundred Ninety-Six Dollars and Forty-Two Cents ($8,296.42). BY THE COURT: J. LAW OFFICES WOLPOFF & ABRAMSON, L.L.P. ATTORNEYN IN THE PRACTICE OFDEBTCOLLEMON 4880 TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 717-303-8]00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICA BANK, N.A. Plaintiff vs. Y B. GAUKER NO. CIVIL ACTION - LAW Defendant 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., and through its attorneys and the law firm of Wolpoff & Abramson, LLP, and files the Petition to Confirm Arbitration Award, and in support avers as follows: Petitioner/Plaintiff, MBNA AMERICA BANK, N.A. is a Delaware corporation business within the Commonwealth of Pennsylvania, PAPER MILL ROAD, MAILSTOP 111, WILMINGTON, DE 19884. 2. Respondent/Defendant, HOLLY B. GAUKER, is an adult individual with a last address of 149 SUSQUEHANNA AVENUE, CUMBERLAND COUNTY, ENOLA, PA 7025. 3. Pursuant to the credit card agreement Defendant received when Plaintiff issued an open end credit card account, which Defendant assented to by virtue of his/her use the account, the parties agreed that, in the event of any claim and/or dispute surrounding this arose which required collection efforts, any matters would be referred to the National Forum (NAF). A true and correct copy of this Credit Card Agreement Additional and Conditions is attached hereto, incorporated herein and marked as Exhibit "A". LAW OFFICES WOLPOFF & ABRAMSON, L.LP. ATTORNEYS IN SHE PRACTICE OF DEFT COLLECTION 4860 TRINDLE ROAD THIRD FLOOR 4. Defendant subsequently defaulted on the terms of the aforementioned credit card by failing to pay Plaintiff as required pursuant to the terms the agreement. CAMP HILL, PA 17011 ]17-303H 7W 5. In response, pursuant to the terms the credit card agreement, Plaintiff referred this to the NAF for Arbitration; Plaintiff then forwarded Defendant a Notice of Arbitration Arbitration Claim form, explaining Defendant's rights and options in accordance with the process. A true and correct copy of both the Notice of Arbitration and Arbitration form are attached hereto, incorporated herein and marked as Exhibit "B" 6. Both a Notice of Arbitration and Arbitration Claim form were received by A true and correct copy of the proof of service is attached hereto, incorporated and marked as Exhibit "C". 7. An Arbitration occurred in this matter at which time both parties were provided full and fair opportunity to present any evidence and their position in regarding to this An NAF Arbitration Award was entered in favor of Plaintiff and against Defendant in the amount of Eight Thousand Two Hundred Ninety-Six Dollars and Forty- Cents ($8,296.42). A true and correct copy of the Arbitration Award is attached hereto, herein and marked as Exhibit "D". 9. In conjunction with the issuance of this Arbitration Award, the Arbitrator in this certified: (a) the parties entered into an agreement providing that this matter was to be in accordance with the National Arbitration Forum Code of Procedure; (b) Plaintiff LAW OFFICES WOLPOFF & ABRAMSON, L.L.P. ATTORNEYS INTHE PRACTICE OF DEBT COLLECTION C OTRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 717-303 700 a claim with the Forum and served it upon Defendant; (c) the parties had the opportunity to all evidence and information to the Arbitrator; (d) the Arbitrator reviewed all evidence information submitted; and (e) the information and evidence submitted supported the of an Award in favor of Plaintiff. 10. The Credit Card Agreement unequivocally states that judgment upon any award may be entered in any state or federal Court having jurisdiction. 11. Since the above referenced Arbitration Award is non-binding and unenforceable inst Pennsylvania residents without confirmation of any such Award by a Pennsylvania urt, Plaintiff has filed the instant Petition, pursuant to the Uniform Arbitration Act, in order to am judgment against Defendant in a Pennsylvania Court, which will better enable Plaintiff to ure a collectible judgment against Defendant. 12. Plaintiff is entitled to the relief requested in the instant Petition given That: (a) aforementioned Arbitration Award was properly obtained by Plaintiff; (b) this Honorable urt has jurisdiction over the Defendant to confirm the aforementioned Arbitration Award; and because Defendant did not make an application, pursuant to 42 Pa.C.S.A. §7314, within thirty ) days of receipt of the aforementioned Arbitration Award, with the Court to have said titration Award vacated, modified and/or corrected. LAW OFFICES WOLPOFT & ABRAMSON, L.L.P. ATTORNEYS LNTHE PRACTICE OFDEBTCOLLEMON 46W TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 717-303-6700 WHEREFORE, Plaintiff/Petitioner respectfully requests that this Honorable Court confirm the Plaintiff's Arbitration Award, pursuant to 42 Pa.C.S. §7313, and enter judgment in favor of Plaintiff and against Defendant(s) in the amount of Eight Thousand Two Hundred Ninety-Six Dollars and Forty-Two Cents ($8,296.42). Respectfully submitted, \ /YYIGY11'y' Amy F. Doyle #87062 Daniel F. Wolfson #20617 Philip C. Warholic #86341 ?Andrew C. Spears #87737 David R. Galloway #87326 Tonilyn M. Chippie #87852 Ronald M. Abramson #94266 Ronald S. Canter #94000 Bruce H. Cherkis #18837 WOLPOFF & ABRAMSON, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Rd., 3`d Floor Camp Hill, PA 17011 (717) 303-6700 LAW OFFICES WOLPOFF & ABRAMSON, L.L.P. ATTORNEYS IN ME PRACTICE OPDERTCOLLECTION 0380 TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 717-303-6700 VERIFICATION The undersigned hereby states that they are the attorney for the Plaintiff/Movant, who is outside of this jurisdiction and in order to file the within document in an expedient and manner, they are authorized to take this verification on behalf of said Plaintiff/Movant in within action and verifies that the statements made in the foregoing Petition are true and to the best of their knowledge, information, and belief, based upon information provided the Plaintiff/Movant. The undersigned understands that false statements herein are made subject to the of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Amy F. Doyle #87062 Daniel F. Wolfson #20617 Philip C. Warholic #86341 Andrew C. Spears #87737 David R. Galloway #87326 Tonilyn M. Chippie #87852 Ronald M. Abramson #94266 Ronald S. Canter #94000 Bruce H. Cherkis #18837 WOLPOFF & ABRAMSON, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Rd., 3`s Floor Camp Hill, PA 17011 (717) 303-6700 LAW OFFICES WOLPOFF & ABRAMSON, L.L.F. ATTORNEYS INTHE PRACTICE OFDEBTCOLLECTION 4660 TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 717-303-6700 GOLDOPTION ACCOUNT AGREEMENT Account Agreement General; In this Agreement, the words "youe and "your" refer to each and all of the persons in whose names this account was issued and who ab credit in any way provided for under this Agreement The words `Svc;' "us," "out." md'7vIBNA Artericd' mom MBNA America Bank, N.A. The w "Advance means any loan you obtain 9om us under this Agreement Our Agreament with you consists of this Agreement and the berms and conditions printed on the required federal disclosures section of the auompmyi Terre of Your Account letter, which is incorporated herdn and made a part hereo£ Please keep these documents, and subsequent amentim ti% if as together. When you, or anyone whom you authorize or permit, use your account, you agree to the terms of this Agreement You consent to and authot m MBNA America, any of its affiliates, or its marketing associates to monitor amdlor record any of your telepttae conversation, with our representatives or the representatives of any of those companies. Ali capitalized terms not defined herein shelf have the meaning as defined in the required federat disclosure, section of your Terms of Your Account letter. Credit Reporting Agencies: If you believe we have f ftished inaccurate or incomplete information about you or your account to a credit reporting agency, write to us at: MBNA. Credit Reporting Agencies, P. 0. Bar 17054, tiihrdngton, DE 1 98 8 4-7054. Please include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. How To Uxe Your Account. You may use yarn account to purchase or lease goods err services from pw om; who honor cheek,. You prey obtain such credit under your account by requesting checks or drafts payable in U.S. Dolts that will be sent either directly to yaw designated payeea or to you for forwarding to your designated payees. We may offer the direct deposit of Advances into your banking account or those of your creditors. Availability of funds no through direct deposit depends upon the policies and procedures of the receiving bank. if tide account ieckdea a speeiai fumme to purchase goods or services from a meretant we my send Advances directly to the non bmt on, you behalf. From thme to tinx, we may issue you additional checks or offer other additional Advances in response to your request You may not use myAdvanc solely to make a payment m this me mt orsckly, to rake a payment on any other credit acco ntwith us. N you permit my parson to have access to your check, or account number with the authorization to make a change, you 'my be liable for all Advances made by mat 1» inal dingAdvances Per which you may not haw intended to be gable. You Agree not to use It postdated check to obtain coedit underyour account if yea do postdate a check by wbicb you propose to obtain credit under your account. wo may elect to honor itupon presentment or reran it unpaid to the party which presented it for payment, without in either cue awaiting the date shownentheduck. We are notliable to you for may loss orexpeae incurred byyou adsingontofae wrionw, elect to take. You mnustretum all checks tow on request Credit Units Your credit limit is shown on your Tema of Your Account letter and pnanQy on each monthly statement We may change yorr Credit limit or limits [corm tine to Orn% and we will notify you if we do. The total amamt of credit outstanding at anytime must not be more than your credit thrift. We may also establish a sepmafe credit limit for certain babnces. ff we d% your outstanding balance an these types of items tray not exceed this separate credit limit Request for Credit Over Your Credit Limits: If you request credit in any forth which, it granted, would result in either your total outstanding balance or your separate outstanding balance, including authorized transactions not yet posted to your account, being more than your credit limit or your separate credit limit, if ws,have established one for you, (whether or not such balances before the request were more than the respective credit limits we may. (1) Hon ftmquestwithoutpemma mtlYmiaingyo cmdit Hr iq (2) Honor the request and treat the amount which is mom than your uedit limits due immediately, or (3) Rafuae to honor the request We nay advise the person who made the request mat it has been refused. If we rdbse eohones a check, we may do so by advising the person presenting the check that credit has been refused, that there are iaut&cimt funds to pay the check, or in say other motuer. if we have previously honored requests for credit over your credit limit, it does not them that we will honor further ovedimit requests. if we. decide to honor such a request, we may saw an ovrlimmt fee as provided in this Agreement. Additional Advances: You may obtain additional Advances from time to time provided that you continue to meet our income and credit standards without any signiHemtadverse change. The approval of one request does mtmean the approval of other requests. Additional Advances posted to your account care the term of the Iran tore stla% resulting in a revised minitnum monthly payment and revised latgth of time to repay the tom. Additional Advancesmuat be at least 5200.00. Term of Your Lawn: Your repayment term is disclosed in mother doeurrentlocation. Your monh(y paymemamomt will be disclosed as the Current payment on your monthly statemens. Certain events nay result in your account balance not being paid off during the temp, in this case, we do not change the minimum monthlypayment amount hetead, we extend the term to repay the balance. For example, the following events will extend the tens: (i) a payment holiday which you take; (ii) an increase in the prime rate for any variable annual percentage raw Recount; (iii) all fees imposed on your account, such as check transaction fees, late few, over the credit limit fees and iusurance premiums; and (tv) payments received later than the payment due date. Also, the minimum monthly payment does not take into account the effect of adding unpaid Periodic Rate Finance Charges assessed on Advances daily Advance balance. This win extend the tam The following events will reduce the term (but will not change the minimmt payment due each month): r) a tempdtary reduction in the annual percec rate, such as a promotional rate; (ii) a decease in the prime rate for any variable annual percentage rate: and (iii) payments greater than the refit minimum payment. Repayment: You promise to pay us the amounts of all credit you obtain; this Includes an Advances, Bay Res, charges, and insurance premiums charge against your account; and Finance Charges. . you nay pay the entire amount outstanding at any rinse without penalty. You mot pay each month at least the minimum payment shown on yo, ,tax thly statarnm . The minimum payment wilt be the total of () tx current payment amount shown on your monthly statement; plus 01) the amount t any put due payments. The current payment amount is based upon the amount outstanding, the term of your loan, and the Bmmal percentage mate, If yoi overpay or if a credit balance is otherwise created in your account, we will not pay interest on suck amounts. Payments greater turn the requbat mininnm payment will reduce the total amount of Finance Charges otheawise payable by you. We will allocate your payments in the manner we determine. In most hretan=$a we will allocate your paynhmb to balances (mcluding new transactions) with Iowa AFRs before balances with higher APRs. This will result in new balances with lower APRs (for example, thou with Promotional APR offaa) being laid before any other existing balances. All payments will be credited to ycur account for the billing cycle in which each payment Is readied. Minimum mouthlypaymeus canorbe made in advance ad payments made in ,nybiBing cycle which am greater than the minimum payment dtis will not affect your obligation to make subsequent mimitnann Payments each month. We can rejoct payments out denominated in U.S. dollars or not drawn rte a U.S. Bank No payment shall operate as an accord and satisfaction without the prior writes approval of a senior officer of MSNA Amaiea. All persona who initially or suhmquentty mques4 accept or use the account are individually respons'bk Kr any outstmding bakoce. ff two err more parsons am responsible to pay any outstanding balance, we may reuse to release any of them from Hability rmtil all of the cheeks outstanding under the account have been retuned to us and the balance is paid irk KII. - payment Holidays: We may allow you, from time to times, to omit a monthly payment. We will notify you when this option is available. If you omit a psyman4 Erman Charges and inuunnca pmmiume, if any, win accrue on your balance in accordance with this Agtaamnt The requirement that you make a minimum[ payment each month will resume Knowing your payment holiday. A payment hondaywin iraeue the term ofyour iom. Billing Cycle: A billing cycle begins on the day after the closing dab shown on your account's preceding moo ft statement and ads on the shoeing date that appears on your aco=mt's statement for the eurroutmesi . Insurance: Orcup credit insurance may be offered to you from time to time. Purchase of this bmama ce is stricay optom L if purchased. the ins rs. will protect us if an event occurs for which benefits am provided. We dotermbne the coat of ails hu traceby muldptyhng to iusuwehee rah then in affect by the average of your Advances and otherchsrga outstanding during the billing cycles T!a premium & charged to your account as at Other Charge. Senetlix: You may be offered tartan beneBb from tide to time, which will be subject to the restrictions outlined by MBNA America in a brochore or otherwise. MBNA Amnia reserves the right to adjus4 add, or delete benefits and services at any time and without notice. Reasons for Requiring low ediate Payment You will be in default and war can =quits itmaediate psymant of all amounts you we if. (I) you fait to make any required psyureat by the faymatt Dw Date; (2) your New Balance Total exceeds your credit limit, or if we have established a separab =edit limit for you, yaw separate outstanding balance exeads your separate credit limit; or (3) you fail to abide by any oth=terms of this Agreemem. If you defaul4 unless prohibited by applicable law, we cm also require you to pay the collation and court costs we incur in any collation pmeeeding, and a reasonable attorney's fmifwe refer your amount for collation to an arormay who is not our salaried employm. Our failure to exorcise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. Refusal to Honor Your Account: We am not liable for any =fusel to honor your account, including any form of Advance, or for any relation of your checks by us, any other bank, or any ears or lessor of goods or services. Termination: We may suspend or tenninatc your rights to obtain credit at any time for any reason. Your obligations under this Agreement continue even after yourrights to obtain credit have been suspended or terminated. Amendments. We may emend this Agrccnmt at any time by adding, deleting, or changing provision in compiisnce with the applicable notill ton requirements of federal law and the laws of the State of Delawares. If an tmendment gives you the opportunity to reject the changes, and if you reject the crags in the mama provided in such amendment, we may temdnste your right to receive.credit and may ask you to r=um all credit devices as a condition of your rejection. The amanded. Agreement (including any higher rate or other highercharges or fees) will apply to the entire unpaid balance, including the balance existing before the amendment became effective. We may replace your amount with another account at any time. Assignments: We may at any time, and without notice to you, assign your account, any sums due on your account, this Agreement w 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 andlor obligations under this Agreement to the extent assigned. ' Uaauthorixed Use of Your Account: You are liable for the unaulhotiwd use of your account. You should immediately notify us at MENA Am P.O. Box 15021, Wilmington, DE 19850, (Telephone 1-800492.8349), orally or in writing, of the lose, then, or possible unsudw iud use of account. Litigation: The Arbitration provisions below apply to you unless You were given the oppoAtmity to inject the Arbitration provisions and you did so n theta; in which case you agree that any litigation brought by you against us regarding this account or this Agreement Shoff be brought in a court bate - the State of Delaware. i Arbitration: Any claim or dispute (°CWW) by either you or us against the other, or against the employees, agents or assigns of the other; arising from relating in any way to this Agreement or any prim Agreement or your account (whadter under a Statute, in contrut, tort, or otberwise and whether t money dan ages, penalties or declaratory or equitable rclicA including Chinas regarding the applicability of this Arbitration Section or the validity of d entire Agreement or myprior Agraement shall be resolved by binding arbitration. "Claim" shall have the broadest meaning possible. Ma whimation shall be conducted by the National Arbitration Forum ("NAir'j, under the Code of Procedure in effect at the time the claim is filed. Rule and fame of the National Arbitration Foam may be obtained and Claim may be filed at any National Arbitration Forum oMce6 wvnv.afi.fo •r., o, P.O. Box 50191, Minneapolis, Minnesota 55402, telephone 1-g00-474-2371. If the NAP is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, indeprndeat atbitration organization that uses a sitmffar code of procedure. At your written request, we eng advance any arbitration fining fee, administrative and hearing Fen which you are required to pay to pmsue a Claim in arbitration. The arbttntw will decide who will be ultiaately mspor nble for paying those fees. in no event will you be requbed.to reimburse us for any arbitration !Ring, administrative or hearing few be as amount. great;. then what your court costs would have been if the claim bad bees resolved in a.state eourt.wtth jurisdiction. Any arbitration hearing at which you appear will rake place within the federal judicial district that bchhdes your billing, addaus at the time the Claim is Bbd. Thin arbitratlon . agreement is made pursuant to a "selection involving interstate commerce. and shall be governed by the Federal Arbitration Act, 9 U.S.C. ll 146 ("FAA'?..Judgment upon any arbitration awed may be entered in any court having jurisdiction. The erbitnedon Shan follow existing Substantive law to the extent emistent with the FAA and applicable statutes of limitations mdshsll honor any claines orpaivnep recognized by law, if any party requests, the arbitrator span write an opinion containing the reasons for the award. No cbdm submitted to arbitration is hand by a jury and no Claim nay be brought as a class action or as a private sttomay general. You do not have the right to set as a class repmaeatativa or participate as a member of a class of elaina nts with respect to any Claim This Arbitration Section applies to an Claims now in existence or dealt may arise in the future. This Arbitration Section shall survive the kmdnstiea of your account with us as wan as any voletarypayment of the debt (a Sfi by yow, any bminuptcy by you or sale of the debt by as. For the purposes of thin Arbitration Section. "'we and "De neane MBNA America Bank NA., its pared, subddinim. t1 ilistes. Neonates, predeewsars, mcaeasors, singhe, and any puwbaser of your acoosat and all of their officers, directors, employees, agents and assigns or soy aid an of Clam. Additio etty, "we" or,%sr sham neara my third 1>my providing benefice, services, m products in connection with the account (including but not Waited in crdit bureaus, nrmcharma flat accept my etdit device leaned under the account reward er enrolment savbw, Credit insurance eompaniw, debt mgeeters and all of their officers, director, amplayew and agents) if, and only if, such s third party is named by yea as a co.defeWont in cry Chaim you assert split ter. Also, for the purposes of Ibis Arbitration Section, 'Yoe m "youre AM mart any person or amity approved by us to use the aCCMR% including but not limited to erg persona or eatitiw contractually obligated on the account and all authorized uses of the account. If my pan of this Arbitration Section to Awed to be invalid or unenforcable under any law or stature consistent with the FAA, the remainder of this Arbitration Section shall be m1brcable without regard to such invalidity or unenfmcwbility. THE RESULT OF THIS ARBITRATION AGREEMENT 1S THAT, EXCEPT AS PROVIDED ABOVE. CLAIMS CANNOT BE LIf1OATED IN COURT, INCLUDING SOME CLAM THAT COULD HAVE BEEN TRIED BEFORE A JURY, AS CLASS ACTIONS OR AS PRIVATE ATTORNEY OENERALACITONS. Gwvernlag Law: This Agreement is =de in Debwu R is governed by the laws of the State of Delaware, without legend to its contact of laws principles, and by any applicable fedent laws. If my part of this Agreement is found to be invalid, the rat remains efieetive. Our Whirs m delay in exeretsing any of ore rights under this Agreement don not mom that we are unable to exercise those rights lat. - MBNA Ametica® Is a federally registered service mark of MENA America Bank, NA 0 2001 MBNA America Bank, N.A, Privacy Your pd ey is imnortani to u At MBNA, we are committed to providing you with the finest financial products and services backed by consistently top quality service And while information about you is fundamental to our ability to do this, we hilly recognize the importance of keeping personal and account information secure. To o8hr you the widest range of products and services, MBNA may share information about you both within MBNA and outside of MBNA with other companies. This allows us to offer you products and services that may interest you and beat meet your needs, whether they are available directly from MBNA or through our relationships with other companies. We want you to understand our fnfomuution safeguards, what information we collect, what information we share, and the benefits you receive when we share information about you. Thin notice describes the privacy practices of MBNA Corporation and all MBNA affiliates, including MBNA America Bank, N.A., MIINAAAm aria (Delaware), N.A., Palladian Travel Services, Inc, MBNA Hallmuk Information•Saviees,3ne., MBNA Marketing Systems, Inc., and MBNA Insurance Agency, Inc. (collectively, "MBNA"), for financial products and services governed by die laws of 'the United States of America This notice explains MBNA's information collection and sharing practices and lets you choose whether or not MBNA may share certain information about you, either within MBNA or outside of MBNA with other companies. Our Security Procedures: MBNA understands the importance ofprotecting and securing information and using it appropriately. Access to information about you is restricted to the people 600MA who require it to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal standards ft the security of information. When MBNA shares information about you with companies outside of MBNA, we require them to impose safeguards, use it only for a permitted purpose, audio return it to us or destroy it once that purpose is served . We limit the amount of information shared to what is appropriato to offer & product or service efficiently. MBNA requires any companyraceiving information fmmMBNA to sign a Confidentiality Agreement containing &an requirements and obligating that company to protect the information as we would. Information We Collect; MBNA collects and uses nonpublic personal infomntion about you to conduct our business and to consistently deliver the top-quality Customer service you expect from as. Sam= of this information include this following: correspondence or communication with its information we receive from you on applications and other tbrme or through your including through the mail, by telephone, or over the httemet•, Information we receive from third parties; such as constmxr reporting agencies, to verify statements you've made to us, or regarding your employment, credit, or other relationships: and hiformaton about your transactions with MHNA and with other companies outside of MBNA. Information We Share Wlthiu MMNA: We may share all of the infommtion we collect about you with financial service companies within MBNA to offer additional products or services that may interest you and best meet your needs. We believe this is convenient for you and may save you both tint and money. To do so, we share identification information (such as name and address), transaction sad experience information (such as purchases and payments), credit eligibility information (such as credit reports and applications), and other information. The decision to purchase any such products or services is yours alone. You may tell us not to share credit eligibility information about you within MBNA, but please understand this'does not prohibit us from offering you additional products and services -or from sharing transaction and experience, identification, and other information within MBNA. Informatlon We Share With Others: From time to time, we may allow companies outside of MBNA to offer you their products and services that may interest you. These products and services may be offered by financial service providers (such as banks, loam brokers, account aggregators, insurance agents, insure mce companies, mortgage bankers, and securities broker-dealers), by nonfinancial i companies (such as retailers, direct marketers, communications companies, Internet service providers, manufacturers, service companies, travel agents, cruise lines, car rental agencies, hotels, airlines, publishers, and organizations endorsing MBNA financial products or services), and others (such as nonprofit organizations):- Subject to applicable law, we may share all the information we collect with these companies outside ofMBNA, unless you tell us not to. Additionally, we may share all the information we collect with companies that perform marketing or other services on our behalf or to other financial institutions with which we have joint marketing agreements. We are alsopermitted by law to share information about you with other companies in certain circumstances. For instance, we may share all of the information we collect with companies assisting us in servicing your loan or account, with companies that endorse our products and services through affinity agreements, with government entities in response to subpoenas or regulatory requirements, and with consumer reporting agencies. if you tell us not to share information with companies outside of MBNA that wish to offer you their products and services, as described above, please understand that we will continue to share information in these additional circumstances. Important Information About Your Choice: We're dedicated to serving your needs - and to respecting your choices related to privacy. You may tell us not to share credit eligibility information within MBNA, and you may tell us not to share information with companies outside ofMBNA that wish to offer you their products and services as described above. If you wish to opt out ofsuch information sharing, please call toll-free 1.866-751-1255. We will ask you to verify your identity and the specific accounts to which th opt out applies, so please have all your account membership, or reference numbers and your Social Security number or Taxpayer Identification number for deposit accounts available when you call. MBNA applies opt outs at the account level, not by individual Customer. When say person listed with others on an account opts out (for cmuopk, a oo-applicant, joint account holder, or authorized user), we will list the entire account as having opted out. MBNA will continue to adhere to its disclosed privacy practices for an account even if it becomes inactive or is closed. An opt out from information sharing on an account as described above, either within MBNA and/or with companies outside of MBNA, remains effective unless revoked in writing. Federal regulations require us to provide this notice on an annual basis, whether or not an account bas previously opted out from either type of information shining, Please remember when you receive our subsequent notices that an account previously opted out from either or both types of information sharing (and not revoked in writing) does not need to be opted .out again. This notice updates and.replaces anyprevions notices from MBNA about the privacy, security, and protection ofinfor mation. For additional information regarding MBNA's privacy practices concerning the lntcrnc, and to view the most recent version of this privacy notice, please go to www.mbns.com and click on "Privacy Notice." You may have other privacy protections under state taws. We may aruend this privacy notice at any tine. and we will inform you of changes as required by law. 201 IN THE NATIONAL ARBITRATION FORUM CLAIM MBNA America Bank, N.A. c/o Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection Two Irvington Centre 702 King Farm Blvd. Rockville, MD 20850 CLAIMANT, Holly B Gauker 149 Susquehanna Ave Enola PA 17025-2423 RESPONDENT(S), RE: Forum File Number: FA0410000340244 Claimant File Number: 0126751159 Account No.: 74973522357275 Card member Agreement Type: GRFIXD For a Claim against Respondent(s), Claimant states: 1. By way of contract and use of (he 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 $6936.12 , as reflected in the attached account summary, plus interest of $66.13 as of the date of filing, and at 6.00% thereafter. 3. Despite repealed 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 $1040.41 , if allowed by law, equaling 15% of the outstanding principal balance. 5. The attached Agreement contains a Delaware choice of law provision and a provision for "reasonable" attorney fees. Delaware law specifically provides that an attorney fee may be awarded in an amount up to 20% on an unpaid claim if allowed by law. See, 10 Del. Code Sea 3912 (Pleading & Practice). 6. The attached Agreement contains a mandatory arbitration provision under the Rules of the National Arbitration Forum ("NAF" ). 'Ilse 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. •° _ ACC // Bruce H. Cherkis, Esq. ADMITI'ED: (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 54A NO CARD 202 SUMMARY OF ACCOUNT INFORMATION ACCOUNT STATUS REPORT Date Filed: 10/08/2004 Account Number: 74 97 35 2235 7275 Cardmember Agreement: GRFIXD Primary Account Holder: HOLLY B GAUKER Address: 149 Susquehanna Ave Enola, PA 17025-2423 Home Phone: Work Phone: Social Security Number: 160667605 Secondary Account Holder: Address: Home Phone: Work Phone: Principal Balance: $6936.12 Interest Rate: 6% Date Assigned: 08/10/2004 INFORMATION DRAWN FROM ACCOUNT RECORDS AND CURRENT AS OF THE DATE FILED 54A NAFCIA/NAF3 203 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. 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 ARBITRATI ON-FORUM. COM 54A NAFCL5/NAF3 ¦ Complete 'items 1, 2, and 3. Also complete item 4 K Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you, ¦ Attach this card to the back of the mailplece, or on the from It space permits. 1. Arlcie Addressed W. 12671 159 HOL B GAUKER 14g SUSppUEHANNA AVE ENKA P1S 17025-2423 A. Sign ure x /T - Agent e. by MMtadn>emeJ c. tl ? ?p'?-i 11 ? of D. Is d*MY add-a" dill6rert ttan ksm 19 Y H YES, emer delivery address below: 0 No C1 Cersied MOD 0 B pram Matt 0 Reglatared 0 Rehm Recelpt for Mardland" 0 braced map, 0 C.O.D. 4. RestrJOW Delgcegfl gxba Fes) 0 Yes 2. Article Number (pansrer from xn*o WO PS Form 3811, February 2004 7004 1166 DarmsOc Retum Receipt 1045 UNITED STATES POSTAL • Sender: Please PTM ? Paid PM enw pb-G to nur ame. address, 21Pf4 in this box • ri. It Ii,II6IIIIILIIIIIIIII I6 IIIIIINIOLIhIlfil,l1,LI1iL1I I?'? jll? dill NATIONAL ARBITRATION FORUM e 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 Holly B Gauker File Number: FA0410000340244 Claimant File Number: 74973522357275 Holly B Gauker 149 Susquehanna Ave Enola, PA 17025-2423 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 $8,296.42. Entered in the State of Pennsylvania Ho b Jack M. Marden Arbr or Date: 01 /31 /2005 ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly eaten-d and the Forum hereby certifies that a copy'o kh';* --a'r? was sent by first class mail po ?e p aid to Pal¢ies at the above referenced a e *, =?,u??,, _ entatives, on ARM ? ?ql? Honorable . Ret. Director `U . Gn hJ l? n i -Ti 7 W _ 1 ? j l ' n i C IN THE COURI' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA A AMERICA BANK, N.A. Plaintiff vs. Y B. GAUKER Defendant ZRC ED 0 2 5 C BY: NO. 05 " -636/ C'L? CIVIL ACTION - LAW RULE AND NOW, this 2 7' day of _ OcAb-e.. 200 , upon the consideration of the foregoing Petition to Confirm Arbitration Award, it is ORDERED that the parties to this action show cause, if any they have, why this Motion should not be granted. RULE RETURNABLE _ZO _ days from the date of service hereof. BY THE COURT: Judge LAW OFFICES WOLPOFF & ABR SON, L.L.P. ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION 4660 TRINDLE ROAD THIRD FLOOR CAMP HILL. PA 17011 ]1]-303-6700 ?S, .. ?, i°. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., NO. 05-5361 CIVIL Plaintiff VS. CIVIL ACTION - LAW HOLLY B GAUKER, Defendant CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, do hereby certify that I served a copy of the Court's 20 Day Rule, upon the Pro-Se Defendant via Certified and Regular Mail, Postage Pre-Paid, a copy thereof on this day of November, 2005, to: HOLLY B GAUKER 149 SUSQUEHANNA AVENUE ENOLA, PA 17025 ?.k Q W&A # 126751159 Amy F. Doyle #87062 Daniel F. Wolfson #20617 Philip C. Warholic #86341 Andrew C. Spears #87737 David R. Galloway #87326 Tonilyn M. Chippie #87852 Ronald M. Abramson #94266 Ronald S. Canter #94000 Bruce H. Cherkis #18837 WOLPOFF & ABRAMSON, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Rd., 3`d Floor Camp Hill, PA 17011 (717) 303-6700 CJ "K--?' p = cn - --i t 1 W T CA SHERIFF'S RETURN - REGULAR CASE NO: 2005-05361 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MBNA AMERICA BANK NA VS GAUKER HOLLY B VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PETITION was served upon HOLLY B the RESPONDANT , at 2000:00 HOURS, on the 25th day of October , 2005 at 149 SUSQUEHANNA AVENUE ENOLA, PA 17025 by handing to HOLLY GAUKER a true and attested copy of PETITION together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.40 Postage .37 Surcharge 10.00 .00 42.77 Sworn and Subscribed to before me this Y day of GUU 00 5i A. D. Pr notar So Answers: R. Thomas Kline 1 10/26/2005 WOLPOFF & A13RAMSON By: I} pu y Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff vs. HOLLY B. GAUKER NO. 05-5361 CIVIL CIVIL ACTION - LAW Defendant MOTION TO MAKE RULE ABSOLUTE TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, comes the Plaintiff/Movant, by and through its attorneys, and the law firm of Wolpoff & Abramson, L.L.P., and files this Motion to Make Rule Absolute of which the following is a statement: A Petition to Confirm Arbitration Award Pursuant to 42 Pa.C.S.A. Section 7313 was filed in the above captioned action requesting that a Rule be issued ordering the parties to this action to show cause, if any they had, as to why said Petition should not be granted. A true and correct copy of said Petition is attached as Exhibit "A" and incorporated herein by reference as if set forth in full. 2. Pursuant to the issued Rule, Defendant was provided with twenty (20) days from the date of service of said Rule in which to respond. A true and correct copy of said Rule is attached hereto as Exhibit "B" and incorporated herein by reference as if set forth in full. That said Rule was forwarded by Plaintiff/Movant and received by LAW OPPICFS WOLPOFF & ABRAMSON, L.L.P. ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION ¦ 4660 TRINDLE ROAD I THIRD FLOOR CAMP HILL, PA 17011 1 Defendant(s)/Respondent(s) as evidenced by the Certificate of Service which was filed with the Court. 4. That Defendant(s)/Respondent(s) failed to respond to the aforementioned Rule directing Defendant(s)/Respondent(s) to show cause why the relief requested in Petition to Confirm Arbitration Award filed by Plaintiff/Movant should not be granted. ¦ 717-303-67M 1 WHEREFORE, Plaintiff/Movant requests that this Honorable Court make the aforementioned Rule absolute, and execute an Order entering judgment in favor of Plaintiff/Movant and against Defendant(s)/Respondent(s) in the amount of Eight Thousand Two Hundred Ninety-Six Dollars and Forty-Two Cents ($8,296.42). Respectfully submitted, Amy F. Doyle #87062 Daniel F. Wolfson #20617 Philip C. Warholic #86341 Andrew C. Spears #87737 David R. Galloway #87326 Tonilyn M. Chippie #87852 Ronald M. Abramson #94266 Ronald S. Canter #94000 Bruce H. Cherkis #18837 WOLPOFF & ABRAMSON, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Rd., 3`d Floor Camp Hill, PA 17011 (717) 303-6700 I LAW OFFICES WOL. FF & ABRAMSON, L.L.P. ATTORNEYS IN THE PRACTICE OF DEBT COIJF.CTION 0660 TRINOLE ROAD THIRD FLOOR CAMP HILL, PA 17011 ]1]-3036]00 I LAW OFFICES WOLPOFF & ABRAMSON, L.L.P. ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION 6660 TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 EXHIBIT "A" 717-30WW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICA BANK, N.A. Plaintiff NO. D S tr36 / Le n.P T.., vs. CIVIL ACTION - LAW Y B. GAUKER Defendant 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., and through its attorneys and the law firm of Wolpoff & Abramson, LLP, and files the Petition to Confirm Arbitration Award, and in support avers as follows: Petitioner/Plaintiff, MBNA AMERICA BANK, N.A. is a Delaware corporation business within the Commonwealth of Pennsylvania, PAPER MILL ROAD, MAILSTOP 11, WILMINGTON, DE 19884. 2. Respondent/Defendant, HOLLY B. GAUKER, is an adult individual with a last address of 149 SUSQUEHANNA AVENUE, CUMBERLAND COUNTY, ENOLA, PA 7025. 3. Pursuant to the credit card agreement Defendant received when Plaintiff issued an open end credit card account, which Defendant assented to by virtue of his/her use the account, the parties agreed that, in the event of any claim and/or dispute surrounding this arose which required collection efforts, any matters would be referred to the National Forum (NAF). A true and correct copy of this Credit Card Agreement Additional and Conditions is attached hereto, incorporated herein and marked as Exhibit "A". LAW OMCES 'OLPOPR t ABRAMSON, L.L.P. ATTORNEYS INTHE PRACTICE OF DEBT COLLECTION 4W TRINDLE ROAD THIRD FLOOR CAMP HILL. PA 17011 ]17-3038)00 4. Defendant subsequently defaulted on the terms of the aforementioned credit card by failing to pay Plaintiff as required pursuant to the terms the agreement. 5. In response, pursuant to the terms the credit card agreement, Plaintiff referred this to the NAF for Arbitration; Plaintiff then forwarded Defendant a Notice of Arbitration Arbitration Claim form, explaining Defendant's rights and options in accordance with the process. A true and correct copy of both the Notice of Arbitration and Arbitration form are attached hereto, incorporated herein and marked as Exhibit "B". 6. Both a Notice of Arbitration and Arbitration Claim form were received by A true and correct copy of the proof of service is attached hereto, incorporated and marked as Exhibit "C" 7. An Arbitration occurred in this matter at which time both parties were provided full and fair opportunity to present any evidence and their position in regarding to this 8. An NAF Arbitration Award was entered in favor of Plaintiff and against Defendant in the amount of Eight Thousand Two Hundred Ninety-Six Dollars and Forty- Cents ($8,296.42). A true and correct copy of the Arbitration Award is attached hereto, herein and marked as Exhibit "D". LAW OFFICES OLPDFF & ABRAMSON, LLR TTORNETS INTDE PRACTICE OF DEBT COLLECTION 0980 TRIN0IE ROAD THIRD FLOOR DAMP HILL, PA 17011 9. In conjunction with the issuance of this Arbitration Award, the Arbitrator in this -r certified: (a) the parties entered into an agreement providing that this matter was to be ved in accordance with the National Arbitration Forum Code of Procedure; (b) Plaintiff a claim with the Forum and served it upon Defendant; (c) the parties had the opportunity to nt all evidence and information to the Arbitrator; (,d) the Arbitrator reviewed all evidence information submitted; and (e) the information and evidence submitted supported the of an Award in favor of Plaintiff. 10. The Credit Card Agreement unequivocally states that judgment upon any award may be entered in any state or federal Court having jurisdiction. 7173038]0'0 11. Since the above referenced Arbitration Award is non-binding and unenforceable t Pennsylvania residents without confirmation of any such Award by a Pennsylvania Plaintiff has filed the instant Petition, pursuant to the Uniform Arbitration Act, in order to judgment against Defendant in a Pennsylvania Court, which will better enable Plaintiff to a collectible judgment against Defendant. 12. Plaintiff is entitled to the relief requested in the instant Petition given That: (a) aforementioned Arbitration Award was properly obtained by Plaintiff; (b) this Honorable 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 Award vacated, modified and/or corrected. L_ OMCES OLPOFF 2 ABRAMSON, L.LP. TTORNEn INTHE PRACTICE OFDEBTTCOLLECTION <BW TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 717-303-6700 WHEREFORE, Plaintiff/Petitioner respectfully requests that this Honorable Court confirm the Plaintiff's Arbitration Award, pursuant to 42 Pa.C.S. §7313, and enter judgment in favor of Plaintiff and against Defendant(s) in the amount of Eight Thousand Two Hundred Ninety-Six Dollars and Forty-Two Cents ($8,296.42). Respectfully submitted, (U.V, e? Amy F. Doyle #87062 Daniel F. Wolfson #20617 Philip C. Warholic #86341 ?Andrew C. Spears #87737 David R. Galloway #87326 Tonilyn M. Chippie #87852 Ronald M. Abramson #94266 Ronald S. Canter #94000 Bruce H. Cherkis #18837 WOLPOFF & ABRAMSON, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Rd., 3`d Floor Camp Hill, PA 17011 (717) 303-6700 LAW OFFICES 1OLPOEF Q ARRAMSON, C.L.P. InURN£YS IN ME PRACTICE OPDEETCOU CTION d TRINDLE ROAD THIRD FLOOR CAMP HILL. PA 17011 717-30&®900 VERIFICATION The undersigned hereby states that they are the attorney for the Plaintiff/Movant, who is outside of this jurisdiction and in order to file the within document in an expedient and manner, they are authorized to take this verification on behalf of said Plaintiff/Movant in within action and verifies that the statements made in the foregoing Petition are true and to the best of their knowledge, information, and belief, based upon information provided the Plaintiff(Movant. The undersigned understands that false statements herein are made subject to the of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Amy F. Doyle #87062 Daniel F. Wolfson #20617 Philip C. Warholic #86341 Andrew C. Spears #87737 David R. Galloway #87326 Tonilyn M. Chippie #87852 Ronald M. Abramson #94266 Ronald S. Canter #94000 Bruce H. Cherkis #18837 WOLPOFF & ABRAMSON, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Rd., 3`d Floor Camp Hill, PA 17011 (717) 303-6700 LAW OFFICES DI FF&AR"A N, L.L.P. MRNETS IN THE PRAMCE OFDERTCOl CTION ? TRINDLEROAD THIRD FLOOR CAMP HILL, PA 17011 ]1]3038900 GOLDOPTION ACCOUNT AGREEMENT i' Account Agreement General. In this Agreerrrtt, the words "you" and "Your" refer 10 each and Ali of tM persons in whose tames Otis account was issued and who ob credit in any way provided for under Otis Agreement The words' ' "us;' "out." and "MBNA America" rttram MBNA America Bank, N.A. The w "Admc" maws any low you obtain them us under title Agreement Our Agrecmmt with you consists of this Agramerht and the term and conditions printed an the required federal disclosures section Of the ae nvmyi lbrta of Your Account latter, which is inectpurated herein and made a part hawL Plaw keep Owe doeurnents, and subsequent unrnirnertts, if am together. When you, or anyone whom you authorize or pemni4 use your account, you agree to the terms of this Agrament You consent to and authodre MBNA Atrusia, any of its affiilatet, or its o rketing associates to monitor uWar record arty of your telephone conversations with our representatives or the repmtwtatives of any of dim companies. At capitalized tone not defined herein shall have this marring as defined in the required federal disclosures section of your Terms of Your Aceountletter. Credit Reporting Agencies! If you believe we biw'fumished inaccurate a ineompleto hifairrtioa about you or your account to a credit reporting agency, write to us err MBNA, Credit Reporting Agencies, P. O. Bar 17054, Wibrdngbn, DE 1 98 8 4-7054. Please include yow tramp, addmm home phone n rnber, and account namher, and explain what you believe is inaccurate or iocotnplese. Bow To Ua Your Account; You ray use your account to purchase or base goods a services from persons who boom checks. You soy obtain such "edit uodor your account by requar al; rbalri or draft payable in U.S. Dollars that will be sent shiner directly to your designated peyaw or to you for &twwding to your designated payee. We ray offer the direct deposit of Advances into your banking accent or time of your creditors. Availability of funds son daough direct deposit depends upon tar policies and procedures of the receiving bank. If this aeemmt incWdes a special &ahrre to purchase goods or services horn a merchant, we may send Advances directly to the non bud on, your behalf. From tit; to the, we may iesue you additional chocks or offer other additional Advances in response to your tequeet You may not use myAdvnoe solely to male a paymmrt on this account orsoW to make a paymwt On any other credit aecmrtwith a. If you penult w5' person to haw access to your chucks or account Mother with the a dbWlxstiott to tale a chrye, you may be ltabk far all Advance, undo by tut pane MAafleg Advwees for which you msynot haw intended to be table. You agree not to use apostdsted check to obtain oredit coda your account If you do posWsts a cU& by wbicb you propose to obtain credit under yaw account. wan ray elect to hoacr itupon pvaentm of or return it nhpatd to the party w bich presented it for payment, w idwut in either tae awaiting the data shownontaeheck We are notliable to you for arylan orexpeme incurred byyou sddngoutofuheecdonws elect In lake You nuastreabn at ckaks to us on request Curt Ludt: Your credit limit is shown on your Temr of YourAecount koer and generally on each monthly atatearot We toy change Yom credit "'nit or Wrdta from lira 10 time, sad we will notify you if we do. The IOW smut of credit outstanding at arrylhtm mat not be more than your "edit limit Wo may also establish a separate credit limit rain certain balances. If ire dg your outstanding bmb uce ontbaq type of itmu may not omeed tW separate sawdit limit Request for Credit Over Your Credit Units: If you "quest credit in any form which, it panted, would result in either your total outstanding balance or your separate outranding balance, Including authorized transactions not yet posted to your account, being mm than your credit omit or your separate credit limit, ifwe,have established am Or you, (whether or not such balances before the request were more than the respective "edit limit, we cry, (t) Hones dmmqurtwidmtpcmrrsmOynisingyrrcredit HWt (1) Honor the request and treat the amount which la nxx than your redht limits der hurnediately; a (3) Refuse to honor the request. We may advise rho person who made the request that h hu been refined. If we refihae b tutor ¦ check, the may do so by advising the person presenting rte check that credit has been refused, that there are insufficient fiends to pay the cheek, or in ray othertermer. If we have previously honored requests for credit over your credit limit, it does not man that we will bonor further melihnit requests. it we decide to honor such a request, we may sew an overlimit fee as provided in this Apeemmt, Addltioad Advances: You may obtain additional Advances from time to fun provided that you tOntinae to meet our inoorne and credit standards without any significant adverse change. The sMMI of one request dm tort man the appronl of other requests. Additions Advances posted to your account care the tam of the loan to rattart, rartldng in a revised ininimum monthly payment and revised knob of lime to repay the ban. Additional A iva;esn ust be at last$200.00. Term of Your Ivan: Your repayment term Is disclosed in mother docurranflocatlm. Your monthly paymemamamt will be diacised u tlhe Currant Payment on your monthlyarcrnenu. Certain events may result in your account balwhco not being paid dff during the tam rn this case, We do not ebanga the nonirmm mdnthlypvflnmi smount Imtead, we extend the temp to repay the balance. Pr example, the following events will extend the term, (i) a payment holiday which you take; (11) an incrase in the prime rate for any variable annual percentage rate account; (iii) sil fees inposed an your account, such as check transaction fees, late fora, over the credit limit fees and insurance prtmiurw; and (v) payments received later than the payment due date. Also, the minimum monthly payment does not take into account the effect of adding unpaid Periodic Rate Pinanro Charges sensed as AdY=c a daily Advance balance. This will extend the term Thb following events will reduce &e term (but will not change the minimum payment due each month): ion temporary raduction in the annual perac rate, such as s promotional rate; Go a decrease in the prime rate for any variable annual percentage rate, and (Iii) payments greater than the relit minimum payment. Rspapnaat: You promise to pay us the amounts of ail credit you obtain; this includes all Advances, my fees, charges, and insurance premiums charge against your account and Finance Charges. . You may pay fee entire amount outsanding at any time without penalty. You not pay each mouth at least the minimum payment shown on yo, monthly abtete:nt. The mdnitramn payment wilt be the total of (o the uaI t payment amount shown on your monthly State enC plus (it) the amount t any pat due payments. The current payment amount is based upon the amount outstanding, We tam of your Joan, and too smmal percentage nte. Ifyoi overpay or if a credit balance is otherwise created in your account, we will not pay interest on such amounts. Payments greater tlun the RWb'a rninirrum payrtxut will reduce the total amount of Finance Charges otherwise payable by you. We will allocate your payments in the manner we determinel in meet hnstanca, we will allocate your payments to balances (Rtcladiog new transactions) with lower APRs before balances with higher APRs. This will result In new bahmces with lower APRs (for example, dim with promotional APR often) bang paid lodare any other existing balances. All payments will be credited to your account for the billing cycle in which each payment I. received. Minimum maitiilypaymmtt assearbe made in advance send payments me& in anybilting cycle which we greater then the minimum payment due wag not affao' t your obligation to make subsequent minimum payments each month. We can reject payroenu not dea uminated in U.S. doom or not drawn on a U.S. Bank. No payment stall operate as an attend and satbfaction without rho prior whims approval of a walaroff w of MBNA America. All persons who initially or subsequently request, accept or use the account m individually responsible for any outstanding balance. Ir two a more pormus am responsible to pay any warbnauns balance, we may refines to reline any of them from Ilan", until all of the cheeks oubtanding under the account have been returned to us end the balance In paid in fall. - Payment fgaodays: We tray allow you, from time in time, to omit a monthly payment. We win nobly you when this option is available, if you omit a payment, Fmanee Charges and insurance premiums, U any, will accrue on your balance in accordance with thin Agreement 71e nrgnhanant that YOU make a minimum payment each mue will resume following your psyr neat holiday. A psymeat hobdaywin incomes the kern ofyour loan. Bogs Cycle A billing *yak lecithin on the day after the closing data shown on your account's preceding mon hly statement and ends on the Glow's dab dust appears on yam account's statement fir do mntentm ondL Isaaraau et Oroup credit Insurance any be offered to you from nitro to time Purchase of We lots new, is strictly optimal. If purdrsed. the immauea will ported us if enevent teems for whtchbeoefrte m provided. We detetmhe the cat of this lutm,= by reuitlpiyhis the foments ran Wen Jot effect by the swinge of your Advances and oflarehuges oueroafts duthng flue billing cycle. The premium to charged b year aco mt w se other Chase. Dauedto; You may be offcrsd certain benefits from time to time. which wig be subject to the reshictima outlined by MBNA America in a broebare or otherwise, U BMA Amnia reeves do right to adjust add. Of delete benefit, and savicts at any three and without notice. Reasons for Requiring Immediate Payments: Yea will be in de&ult and we can require immediate payment of all amounts you owe if.. (1) you fait to males any required payetaet by the fryment Dew Dena (2) yourNew Balance Total exceeds your credit limit or Item have established a "Prato credit limit for you, yaw separate outstanding balance exceeds your separate credit I{mitt or (3) you bit to abide by any other tans of thb Ageeiraeet. If you debult unless prohibited by applicable law, we can also require you to pay the collection and court cosh we incur in any collection pmceedk& and a reasonable attorney's &e'ifwe refer your account for collection to an attordW who is not our whiled empleyw. Our failure to exercise any of our rights when you da&ultdoes no mean that we are unable to atacise those rights upon later default Refusal to Honor Your Account: We m not liable for any refusal to honor your account, including any faun of Advance, Of for any intend= of your checks by use, any other bank, or any Boner or lower of geode or services. Termination: We may suspend or tmninato your rights to obtain credit at any time for sty noon. Your obligations under this Agreement continue even after yourrights to obtain credithave bet suspended a teminated. Ameadowuta: We ray amend this Agreement at any time by adding, deleting, or changing provisions in compliance with the applicable notifiation requirements of federal law and the laws of the Stab of Delaware. If an amendment Siva you the opportunity to reject the change, and if you reject the change in the moreover provided In wee amendment wen may terminate your right to receive.arodit and may ask you to ra ro all credit devices as a condition of your rejection. The amended. Agreement (ncluding any highs rata or other hh e includin8 the balance exisdugbetas the amendmant became effective. We may replace ? owah will apply to the sums unpaid balance, ' replace your sooamt with wwthe account at my tirrc. Assignments: We may at any time, and without notice to you, wsiM, your account, any suns due on your account this Agreement or our rights or obligation under your account or this Agreement to any person or entity. The person or entity to Whom we make any such wignn"t than be entitled to all of our tights mWor obligations under this Agreement to the extent assigned, Vasethsrfred Use of Your Ae"satr You am liable for the mtauthotized use of your account You should firadiately notily, us It MBNA Am P.O. Box 15021, Wilmington, DR IM% (Tdephons 1-800.892.8349), orally or in writing, of the loss, the$ or possible umuthaiud use of account. Litigation: The Arbitration provisions below apply to YOU unites you were given the opportunity to inject the Arbitration provisions and you did so n them; in which win you agree that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court locate the State of Delawam. Arbitratioa: Any claim or dispute ("Chin') by either you or in against the other, or against the enpbyces, agents or assigns of the olhte; arising *are relating in any way to this Agreement or any prior Agreement or your account (whether under a statute, he eoutrac; tort, or otholVits and whether I money damages, prunes or declaratory or equitable rcBuA including China regrading the appiicabllity of Ibis Arbitration Section or the validity of 0 enthe Agreement oranyprior Alpaw=4 shall be resolved by binding arbitration. "Claim" shall have the broadest meaning pos dbla Tile arbitration shall be co duclod by the National Arbitration Forum ("NAP). wider the Code of Procedure in effect at the time the claim is Hied. Rule and form of the National ArbibaNoo Foram may be obtained and Claim maybe filed at any National Arbitration Forum oMco, wa gA&re ilD A„". a P.O. Box 30191, Minneapolis, Minnesota $5405, talephone 1-800-4742371. If the NAF is unable or unwilling to set as arbitrator, we rosy substitute sadder nationally recognized, independent atbiration organization shat uses a similar code of procedure. At your written rtilwak we m7t Advance any arbitration filing lea, administrative and hearing beer which you am required to Ply to pmaue s Claim in arbitration. Ths arbitrdar will deeds who will be ultimately responsible ter paying those fem. In no ewmu will you be required-to m(mbatae us for any arbitration Mitt& administrative or bearing fees in m amount, Beata. dun what your court costs would have been if the claim bad been resolved in a.aeste coutt.with jwisdietior. Any arbitration hearing at whicb you appear will take piece within the federal judicial district that includes your billing, addrw at die time the Claim is Hied. Tbh arbitration sgrearaot is made pursuant to a trantscdon involving intestate commerce. and dull be sovenced by the Federal Atbitretion Act, 9 U.S.G 1f! 1-t6 (-FAA'),Iudgment upon any arbitration award may be entered in my court having jurisdiction. The arbitration shalt follow existing suhhntlve law to the extent consistent with the FAA and applicable statutes of limitations anddhdl honor any claims or privilege rmogoined bylaw. if wW party requ=M the arbitrator dull writa an opinion containing fie reasons Sir de award. No claim mbmiued to arbitration is head by a jury and no Claim may be brought as a clan action a as a private starry genteel. You do not have the right m act u a class representative o participsa as ¦ omeuba a[* clam otclirwttr whh respect to any Ckim. This ArM4otion Seetiea 1WHes to an Claims now in a istenee or that ttuy raise in the future. This Arbitmdon Section dwn survive the terming Jim of your account with s as well w any wlwmuypayment of the debt in 160 by you, any b aw*lcy by you or ode of the debt by us. For the purposes of this At5lkadon Section, ' we and "me means MBNA America Bank NA, its parent, subsidiaries. aailisto, Hcaneas, predecessors, increases, assigns, mad any pumbaeer of your account and an of their effects, directors, aopbyeve, agents mad saw* ur soy and an of then. Additionally. "we ter -W shadt etaan any third patty providing beu£ta, services. or products in connection with the account (inehhd eigb but nag limited n credit buruus, merchants 001 accept any credit device bored wdw the account, mwad or euroblment savkes, credit insurance eonpeies, debt coffeetore rand all of their oMcw§6 director, aeeepbyvea and agents) I& sod wily if. such a third party is named by you as a co.defctudaa<ia any Claim you assort SXdnn w. Also, ter die papaw of this Arbitration Seetloq "you" or'youre AA ratan any person or entity approved by u¦ to use the scuouet, including but not itmised to a6 persons; or caddes eanmactuaWablipted on i a aoeamt and all aalanrimd risers of the account If my pmt of this Arbitration Section is Ibaad to be invalid or amahtoreeable under any law or slaters consistent with the PAA, the reeodadw of duns Arbitration Section shall be aLLbreeable without regard to such invalidity or wenforwbiky. THE RESULT OF THIS ARBMAT.ION AGREEMENT 1S THAT, MCBPT AS PROVIDED ABOVE, CLAVAS CANNOT BE LCTIOATBD Qi COURT, INCLUDING SOME CLAM THAT COULD HAVE BEEN TRW BEFORE A JURY, AS CLASS ACTIONS Olt AS PRIVATE AT[ORNBY OBNBRAL ACTIONS. Gevsrnhg Irwr This Agreement is mode In Delaware It is gurened by the laws of the State of Delaware. without regard to its ceniHa of laws principles, and by any applicable federal laws. If soy part of this Agawnent is found to be invalid, the rest remains effective. Our fMhre or delay in merclaieg any of our rights under this Agreemet does not new that we am unable to exercise those rights later. - WHA Anwrieam is a federally registered service mark of MENA America Bank, NA 0 2001 MBNA America Bank, NA Privacy Your ut?vacv fs Important to us At MBNA, we are committed to providing you with the finest financial products and services backed by consistently top-quality service And while information about you is fhmdatmmW to our ability to do this, we fully recognize the importance of keeping personal and account infatuation secure. To offer you the widest range of products and services, MSNA may share information about you both within MBNA and outside of MBNA with other companies, This allows us to offer you products and services that may interest you and best mat your needs, whether they arc available diroctiy from MSNA or through our relationships with other companies. We want you to understand our information safeguards, what information we collect, what information we share, and the benefits you receive when we share noformadou about you. 71his notice describes the privacy practices of MBNA Corporation and all MSNA affiliates, including MBNA America Sank, N.A., M>jNA.America (Delaware), N.A., Palladian Travel Services, Inc., MBNA Hallmark lufomnotion•Services,'ine., MBNA Marketing Systems, hie., and MBNA Insurance Agency, Inc. (collectively, ONMNA"), for financial products and serviea governed by the laws of 'the united States ofAmerica. This notice explains MBNA's Witar m iar collection said sharing practices and lab you choose whether or not MBNA may share certain iniftemation about you, either within MBNA or outside of MBNA with other compardas. Our Seet rity Preeedures: MBNA umderstmode the imposts ofprotocting and ge¢uVing firs mustion and using it appropriately. Access to information about you is restricted to the people ofMBNA who require It to provide products or onvicea to yon. We maintain physicet electronic, and procedural safegunda that comply with federal standards fbr the security of informatlua Wbm NSNA sharas information about you with companies outside of MBNA, we a quire them to impose safeguatels, use it only for a permitted pesrpooe. smdto return it to us or destroy it once that purpose is served.. We limit the amount of inGontmtton shared to what is appropriate to aft a product or service offidaotly. MSNA requires soy Cwapanynteeiving Wb motion frrom MBNA to sign a Confidentiality Agromemt containing these requhenanb and obligating the company to protect the information as we would. Information We CWectt MBNA collects and uses nonpublic personal information about you to, conduct our husinw and to consistently deliver this top-quality Gtirstomer service you expect linen us. Sauces of this information include the following: Information we receive from you on applications and other Rams or through your correspondence or cormnmication with as including through the mail, by telephone, or over the bonnet,, Information we receive am third parties; such as wnstuster repotting agencies, to verify statements you've made to us, or regarding your employtnvat, credit, or other relationships: and htfornation about your tnmaacdons with MSNA and with odra wmpenles outside of MBNA. Informative We Shan Wlthtr MBNA: We may shoe all of the information we collect about you with financial service companies within MBNA to offer additional products or services that may interest you and bat meet Your needs. We believe this is convenient for you and may save you both runt and roomy. To do to, we sham Identification information (such as name and address), tranavction and experienee information (such as purchases and payments), credit eligibility information (such as credit reports and applications), and other information. The decision to purchase any such products or services is yours alone. You nay tell us not to share credit eligibility infomuatiou about you within MSNA. but please understand this'does not probtbit us from offering you additional products and services -or from sharing transaction and experience, identification, and other information within NSNA. Information We Share With Others: Itrom lima to time, we may allow companies outside of MBNA to offer you their products and auvicee that may interest you. Thus products and services maybe offered by fi»aocial service provident (such w bands, loam brokers, account aggregators, insurance agents, insurance companies, mortgage bankers, and securities broker_dWc s), by nonfinancial companies (such as retailers, direct marketers, communications companies, Internet service providers, nanufachrat. service companies, travel agents, cruise lines, car rental agencies, hotels, airlines, publishers, and organizations endorsing MSNA financial products or services), and others (such as nonprofit organizations). Subject to applicable law, we may shoe all the infomation we Collect with these companies outside ofMSNA, unless you tell us not to. Additionally, we tray share all the information we collect with companies thatimform marketing or other service on our behalf or to other financial institutions with which we have joint marketing agreements. We are alsopermittedby law to share Information about you with other companies in certain circumstances. For instance, we may share all of the information we collect with companies assisting us in servicing your loan or account, with companies that endorse our products and services through affinity agreements, with government entities in response to subpoenas or regulatory requirements, and with consumer reporting agencies. if you tell us not to share information with companies outside of MBNA that wish to offer you their products and services, as described above, please understand that we will continue to share information in these additional circumstances. Important Information About Your Choice; We're dedicated to serving your needs - and to respecting your choices related to privacy. You may tell us not to share credit eligibility information within MBNA, and you may tell us not to share infomtation with companies outside of MBNA that wish to offer you their products and services as described above. If you wish to opt out ofsuch information sharing, please call toll-five 1.866-751-1255. We will ask you to verify your identity and the specific accounts to which th, opt out applies, so please lave all your acoumt, membership, or reference numbers and your Social Security number or Taxpayer Idcnti5eadon number for deposit accounts available when you call . MBNA applies opt auto at the account level, not by individual Custorow. When myperaat lifted with others on an account opts out (for example, a co-applicant, joint account holder, or authorized user), we wilt fiat the entire account as baring opted out. MHNA will continue tD adhere to its disclosed privacy practices for an account even if it becomes inactive or is closed An opt out from information sharing on an account as described above, either within MBNA and/or with companies outside of LMNA, remains effective unless revoked in writing. Federal regulations require us to provide this notice on an annual basis, whether or not an account has previously opted out from either type of information sharing. Plenii rranember when you receive our subsequent notices that an account previously opted out from either or both types of information sbariag (and not revoked in writing) does not need to be opted .out again. This notice updates and.replacea myprevions notices fromMBNA about the privacy, security, and protection orinfommdon. For additional information regarding MBNA'a privacy practices concerning the Internet, Mild to view the most recent version of this privacy notice, plesse go to www.mbna.com and ciick an Privacy Notiea." You tray have otberprivacy protections understate lsws. We may smrmd this privacy notice at any time, and we will inform you of changes as required by law. IN THE 201 NATIONAL ARBITRATION FORUM CLAIM MBNA America Bank, N.A c/o Wolpoff & Abramson, L.L.P. RE: Attorneys in the Practice of Debt Collection Forum File Number: FA0410000340244 Two Irvington Centre Claimant File Number: 0126751159 702 King Farm Blvd. Account No.: 74973522357275 Rockville, MD 20850 Card member Agreement Type: GRFIXD CLAIMANT, Holly B Gauker 149 Susquehanna Ave Enola PA 17025-2423 RESPONDENT(S), For a Claim against Respondent(s), Claimant states: 1. Byway of contract and use of (he 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 $6936.12 , as reflected in the attached account summary, plus interest of $66.13 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 $1040.41 , 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" ). 't'he undersigned counsel for Claimant asserts, under penally 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 Debi Collection By. /? // . Bruce H. Cherkis, Esq. ADMITI'ED: (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 54A NO CARD 202 SUMMARY OF ACCOUNT INFORMATION ACCOUNT STATUS REPORT Date Filed: 10/08/2004 Account Number: 74973522357275 Cardmember Agreement: GRFIXD Primary Account Holder: HOLLY B GAUKER Address: 149 Susquehanna Ave Enola, PA 17025-2423 Home Phone: Work Phone: Social Security Number: 160667605 Secondary Account Holder: Address: Home Phone: Work Phone: Principal Balance: $6936.12 Interest Rate: 6%n Date Assigned: 08/10/2004 INFORMATION DRAWN FROM ACCOUNT RECORDS AND CURRENT AS OF THE DATE FILED 54A NAFCIA/NAF3 203 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. 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. 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 panics. 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 ARBITRATI ON-FORUM. COM 54A NAFCL5/NAF3 UNITED STATES POSTAL • Sender: Please py" 7pm Paid o error ,pb?Ci-10 rout me, address, 21P+4 in this box • .;77u L l rr W, U till rrrr?r9lu rlrltrlelrr)rlrr?r?rtrjr?rr?t?r?r?rr? III NATIONAL ARBITRATION FORUM MBNA America Bank, N.A. c/o Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 702 King Farm Blvd, Two Irvington Centre Rockville, MD 20850-5775 CLAIMANT(S), AWARD RE: MBNA America Bank, N.A. v Holly B Gauker File Number: FA0410000340244 Claimant File Number. 74973522357275 y4 f f Holly B Gauker 149 Susquehanna Ave Enola, PA 17025-2423 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. Tberefore, the Arbitrator ISSUES: An Award in favor of the Claimant, for a total amount of $8,296.42. Entered in the State of Pennsylvania HorV%Qq Jack M. den Arbl Or ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly qatemd and the Forum hereby certifies that a co ohi?//+pr\a7 was sent by first class mail postage PPd to Pies at the above referenced addr Date: 01 /31 /2005 cur r Honorablelflai ltalim. Ret. Director on IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff vs. HOLLY B. GAUKER Defendant NO. CIVIL ACTION - LAW AND NOW, TO WIT, comes the Petitioner/Plaintiff, MBNA AMERICA BANK, N.A., by and through its attorneys and the law firm of Wolpoff & Abramson, LLP, and files the following Memorandum of Law in Support of Petition to Confirm Arbitration Award, and in support thereof avers as follows: 1. STATEMENT OF FACTS: Defendant(s), HOLLY B. GAUKER, was/were issued an open end credit card account by Plaintiff. Defendant(s) has/have been at all relevant times material hereto a regular user(s) of this credit card for the purchase of products, goods and/or for obtaining services. Defendant(s) has/have been provided with copies of the Statements of Account accurately showing all debits and credits for transactions on the this credit card account; Defendant(s) never objected to the above mentioned Statements of Account submitted by Plaintiff to Defendant(s) which detailed the products and services purchased using this account. In the event of a breach for nonpayment, pursuant to the Credit Card Agreement, the LAW OFFICES VOLPOFF & ABRAMNON. LLP. 1TTOENEYE IN THE PRA CTICE OF DEFT COLLEMON ? TBINDLE ROAD THIRD PLODR CAMP HILL, PA 11011 parties agreed that this matter would be referred to the National Arbitration Forum (hereinafter NAF) to effectuate collection. This matter was referred to the NAF for determination and disposition; the NAF entered an Arbitration Award against the Defendant(s) in favor of the Plaintiff in the amount of Eight Thousand Two Hundred Ninety-Six Dollars and Forty-Two Cents ($8,296.42). II. ISSUE PRESENTED: Pursuant to 42 Pa.C.S. §7313 of the Uniform Arbitration Act, should this Honorable Court confirm the Arbitration Award entered by the (NAF) against the Defendant(s) and in favor of the Plaintiff. III. ARGUMENT: Contracts containing clauses providing for settlement of disputes arising thereunder by arbitration are valid, and irrevocable except on such grounds as exist at law or in equity for the revocation of any contract. General State Authority, to Use of Dunzik, v. John McShain, Inc., 25 A.2d 572, 573 (Pa. Super. 1942); 42 Pa.C.S.A. §7303. When parties agree to arbitration in a clear and unmistakable manner, Courts make every reasonable effort to favor such agreements. Emmaus Municipal Authority v. Eltz, 204 A.2d 926, 927 (Pa. 1964). The Federal Uniform Arbitration Act was drafted by the National Conference of Commissioners on Uniform State Laws and was approved for use by the American Bar Association in 1955. Pennsylvania codified the Uniform Arbitration Act (hereinafter UAA); 42 Pa.C.S.A. §§7301-7320 in 1982. The purpose of the UAA is to promote resolution of disputes in a nonjudicial forum while still providing for the Court's role in compelling or staying Arbitration proceedings when requested. Chester Upland School Dist. v. McLaughlin, 655 A.2d 621, (Pa. Cmwlth. 1995), appeal granted 665 A.2d 471, 542 Pa. 637, affirmed 675 A.2d 1211. Further, while a party can waive their right to arbitration, the question of the timeliness of a demand for arbitration is not one of interpretation of the agreement and not one of the existence of scope of the arbitration provision; it is thus outside the bounds of judicial review and its LAW OFPICE3 resolution must be left to arbitration. Highmark Inc. v. Hospital Service Association of WOLPOFF & ARRAMSON, L.L.P. AT]YlRN£YSfN]H£FRA CE OF DE6 COWMON Northeastern Pennsylvania, 785 A.2d 93 (Pa. Super.2001), reargument denied, appeal denied, / TRINOLE (TOAD THIRD FLOOR 797 A.2d 914. Here, the account issued to Defendant by Plaintiff was governed by the CAMP HILL, PA 1M11 )1)-30"$ aforementioned card member agreement, which contained an Arbitration clause. By virtue of Defendant's use and maintenance of the subject account, Defendant became bound by all terms of the account, including the agreement to arbitrate. The Federal Arbitration Act, which governs the aforementioned Arbitration proceeding conducted by the NAF, does not require that an agreement to arbitrate be signed; See 9 U.S.C., Section 2; see also Bouriez v. Carnegie Mellon, 359 F.3d 292 (parties may be compelled to arbitrate if common law principles of agency and contract support such an obligation and that a person may be equitably stopped from challenging an agreement that includes an arbitration clause when that person embraces the agreement and directly benefits from it). By way of further response, where the offered silently takes offered benefits, courts will often find an acceptance. Further, this is especially true if prior dealings between the parties, or trade practices known to both, create a commercially reasonable expectation by the offeror that silence represents an acceptance, and in such a case, the offeree is under a duty to notify the offeror if she does not intend to accept. A written agreement to subject any existing controversy to arbitration or a provision in a written agreement to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist in law or in equity relating to the validity, enforceability or revocation of any contract. 42 Pa.C.S.A. §7303. As outlined in Plaintiff s Petition, pursuant to the Credit Card Agreement Additional Terms and Conditions, which Defendant received during the time period in which Plaintiff issued Defendant the subject open end credit card account, the parties agreed that this matter was be referred to the National Arbitration Forum for Arbitration in the event of any claim and/or LAW OMCES NOLPOFF & ABRAMSON, LLA ATTORNEn IN THE PRACTICE OF DEBT COLLECTION dispute arose if the account is referred to collection. By using the subject credit card to purchase 4860 TRINDLE ROAD THIRD FLOOR products and services, Defendant agreed to these terms. CAMP HILL, PA 17011 71]3096700 Pursuant to 42 Pa.C.S.A. §7314, pertaining to vacating an Arbitration award by the Court, a motion to vacate shall be made within thirty (30) days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud, misconduct or other improper means, it shall be made within thirty (30) days after such grounds are known or should been known to the applicant. 42 Pa.C.S.A. §7314(b). No such relief has been requested by Defendant within the applicable time limits in this matter. Except as otherwise prescribed by general rules, 42 Pa.C.S.A. 7319(2) provides that the LAW OFFICES MLPOFF & ABRAMSON, LLP. \TTOBNEYS!NTX£P£ MCE OFDEBTCOLLEMON a TRINDLE ROAD THIRD FLOOR application to a Court under this subchapter shall be made to the Court in the county where the adverse party resides. 42 Pa.C.S.A. 7319(2). Upon the granting of an Order of Court confirming, modifying or correcting an award, a judgment or decree shall be entered in conformity with the Order, and the judgment or decree may be enforced as any other judgment or decree. 42 Pa.C.S.A. §7316. On an application of a party, the Court shall confirm an award, unless within the time limits imposed under section 7313, grounds are urged for vacating, modifying or correcting the award, in which case the Court shall proceed as provided in section 7314 (relating to vacating award by Court) or section 7315 (relating to modification or correction of award by Court. 42 Pa.C.S.A. §7313. The meaning of this section is that the Court is to confirm an Arbitration award if it has become final, i.e., unless, within a thirty (30) day appeal period, someone has presented the Court with grounds for setting the award aside. Atlantic Richfield Co. v. Atlantic Independent Union, 537 F. Supp. 371.( E.D.Pa. 1982). Further, the fact that the relief awarded by the arbitrators was such that it could not or would not be granted by a Court of law or equity is not a ground for vacating or refusing to confirm the award. 42 Pa.C.S.A. §7314(a)(2); Racicot v. Erie Ins. Exchan¢e, 837 A.2d 496, 500 (Pa. Super. 2003). CAMP HILL, PA 17044 117-30 7W IV. CONCLUSION Here, none of the applicable exceptions to avoiding this NAF arbitration award exist. Both Plaintiff and Defendant(s) entered into an open-ended credit agreement which contained a valid arbitration clause. When Defendant(s) breached this agreement through nonpayment Plaintiff exercised its contractual right to arbitrate its claim through the NAF. After receiving appropriate notice of arbitration, Defendant(s) was/were afforded a full and fair hearing on the merits. Following the NAF arbitrator's finding in favor of Plaintiff, Defendant(s) had the opportunity to challenge Plaintiff's award; Defendant(s) did not do so. Therefore, in light of the foregoing, there is no basis to disturb the arbitrator's finding, and Plaintiff respectfully requests that this Honorable Court grant the relief requested in Plaintiff's Petition to Confirm its Arbitration Award. Respectfully submitted, 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 LAW OFFICES NOLPOFP & ARRAMSON, L.LP. ATTORNEYS IN THE PRACTICE OF DEFT COLLECTION G TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17D11 111-Wo 7( D I LAW OFFICES WOLPOFF & ABRAMSON, L.L.P. ATTORNEYS IN THE RRACTICF_ OF DEBT COLLECTION 1 4660 TRINOLE ROAD THIRD FLOOR CAMP HILL, PA 17011 EXHIBIT " B" a 717-303-67M IN THE COURT OI' COMMON PLEAS of 0G CUMBERLAND COUNTY, PENNSYLVANIA AMERICA BANK, N.A. Plaintiff NO. t?J vs. Y B. GAUKER RECEIVED T ? 405 BY: /`? ??lv CIVIL ACTION - LAW RULE AND NOW, this 2 day of oah b eA 2005, upon the consideration of the foregoing Petition to Confirm Arbitration,Award, it is ORDERED that the parties to this action show cause, if any they have, why this Motion should not be granted. Defendant RULE RETURNABLE _ ZO days from the date of service hereof. BY THE COURT: uW OFFTCES OLPOFF & AHRAMSON, L.LP. TTORNEYS NTHEPRACTICE OFDERTCOLL MON 4880 TRINDLE ROAD THIRD FLOOR CAMP HILL. PA 17011 717-00&8700 I TRUE COPY FROM RECORD In Testirronv Ir.,hcr:.o?', I here unfo set my hand and the seal er sai,4 ,curt ay¢tlislA, Pa. 205((59 VERIFICATION The undersigned hereby states that he/she is the attorney for the Plaintiff/Movant, who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, they are authorized to take this verification on behalf of said Plaintiff(Movant in the within action and verifies that the statements made in the foregoing Motion are true and correct to the best of their knowledge, information, and belief, based upon information provided by the Plaintiff/Movant. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ( 1 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 LAW OFFICES WOLPOFF & ABRAMSON, L.L.P. ATTORNEYS IN THE PRACTICE OFDEITCOLLECTION 4660 TRINDLE ROAD THIRD FLOOR GWP HILL, PA 8011 717-303-6700 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNrTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff NO. 05-5361 CIVIL vs. HOLLY B. GAUKER CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the Motion to Make Rule Absolute upon the individual named below by First Class Mail, Postage Pre-Paid, on thiQ? day of 20 . HOLLY B. GAUKER 149 SUSQUEHANNA AVENUE ENOLA, PA 17025 c 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 LAW OFFICES WOLPOFF & ABRA SON, L.L.P. ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION 4660 TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 Attorneys in the Practice of Debt Collection 4660 Trindle Rd., 3`d Floor Camp Hill, PA 17011 (717) 303-6700 1 717-303-67M C> ?- T- t ;t T 11 IN TI IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff NO. 05-5361 CIVIL vs. HOLLY B. GAUKER Defendant CIVIL ACTION - LAW ORDER If FEB 0 zaos AND NOW, TO WIT, Z ?day of aci.) 5s,, 2005, upon consideration of the foregoing Motion, and Defendant/Respondent having failed to show cause as ordered by this Court, it is herebv ordered and decreed that judgment is entered in favor of Plaintiff and against Defendant/Respondent in the amount of Eight Thousand Two Hundred Ninety-Six Dollars and orty-Two Cents ($8,296.42). BY THE COURT: LAW OFFICES WOLFOFF & ABRAMSON, L.L.P. ATTORNBYS (NTHB PRACT6P OF OFATGOLL£CT/ON 4660 TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 ]1T-303-6]00 S I * I I HV Z- 03315OZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5361 CIVIL MBNA America Bank, N.A. Plaintiff vs. Holly B Gauker Defendant CIVIL ACTION - LAW PLAINTIFF'S PRAECIPE TO ENTER FINAL JUDGMENT TO THE PROTHONOTARY: Please enter a final judgment for $8,296.42 in Plaintiffs favor and against Defendant in accordance with the attached Order of Court entered in these proceedings. Respectfully Submitted, 4? Amy F. Doyle - - 11 #87062 1 Daniel F. Wolfson #20617 Philip C. Warholic V #86341 / Andrew C. Spears #87737 David R. Galloway #87326 ! Tonilyn M. Chippie #87852 Ronald M. Abramson #94266 / Ronald S. Canter #94000 Bruce H. Cherkis #18837 WOLPOFF & ABRAMSON, LLP / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3`a Floor, Camp Hill, PA 17011 (717) 303-6700 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff vs. HOLLY B. GAUKER Defendant NO. 05-5361 CIVIL CIVIL ACTION - LAW ORDER FEB 0 1 2(106 AND NOW, TO WIT, ? ^ A day of 2005, upon consideration of the foregoing Motion, and Defendant/Respondent having failed to show cause as ordered by this Court, it is hereby ordered and decreed that judgment is entered in favor of Plaintiff and against Defendant/Respondent in the amount of Eight Thousand Two Hundred Ninety-Six Dollars and Forty-Two Cents ($8,296.42). BY THE COURT: /s l x&"?L C._' /,?ca o LAW OFFICES DLPOFF A ABRAMSON, L.L.P. ROR.NEYS IN THE PRACTICE OF DEM COL LFC )ON 4680 TRINDLE ROAD THIRD FLOOR CAMP HILL, PP 17011 71]-303fi900 Ptaletortmrv? / ?A y'" I ? ?" J ? t r\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5361 CIVIL MBNA America Bank, N.A. Plaintiff vs. CIVIL ACTION -LAW Holly B Gauker Defendant CERTIFICATE OF SERVICE I, Kimberly L. Eisenhauer, an authorized agent of Wolpoff & Abramson, LLP, hereby certify that a copy of the foregoing order was served this _,?__ day of?(001/{11 I , 2006, by depositing same in the Post Office at Camp Hill, PA, first class mail, postage prepaid, addressed as follows: Future Financial 11223`dStSte6 Neptune Beach, FL 32266 Holly B Gauker 149 Susquehanna Ave Enola, PA 17025 WOLPOFF & ABRAMSON, LLP By 4660 Trindle Rd., 3`d Fl. Camp Hill, PA 17011 (717) 303-6700 V c? C? . ? ; r- i, ` ,?? _.. ?' ?,{y ? - V ?N- 1"" C w P?--- #?-- ? -z r?? r-~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. NO. 05-5361 CIVIL 655 PAPER MILL ROAD Plaintiff Vs. HOLLY B GAUKER Defendaut(e) CIVIL ACTION - LAW NOTICE OF JUDGMENT ( x ) Notice is hereby given that a JUDGMENT in the above-captioned matter ha bee entered against. you in the amount of $ 8296.42 plus interest, on _[7_ 20 CIL. ( x ) A copy of all documents filed with the Prothorotary in support of the within judgment is/are attached. Prothonotary Civil Divis If you have any questions regarding this Notice, please contact the filing party. (This Notice is given in accordance with Pa.R.C.P. 236.( NOTICE SENT T0: HOLLY B GADDER 149 SUSQUEHANNA AVE ENOLA PA 19025-2423 my 41a Philic 8 DavA y Ronald M. Abramson Bruce H. Therein 13837 WOLPOFF & AHRAMSON Attorneys in the Practice 9660 Trindle Road, 3rd F1 (919) 303-6900 x{89062 86341 88]326 X99266 g13B39 L.L.P / Daniel F. Wolfson N / Andrew C. Spears # / Tonilyn M. Chippie & / Ronald S. Canter p . / Counsel for P of Debt Collection oor, Camp Hi11, PA 1701 STNTC/PANOJ WEA FILE NO. 126751159 r V4. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. No. 05-5361 CIVIL 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff Vs. HOLLY B GAUKER 149 SUSQUEHANNA AVE ENOLA PA 17025-2423 Defendant(s) PRAECIPE TO SETTLE AND SATISFY PLEASE MARK THE JUDGMENT IN THE ABOVE-ENTITLED CAUSE AS PAID AND SATISFIED. Respectfully submitted, By: Amy F. Doyle #87062 / D Wo 206 17 Philip C. Warholi #8634 Galloway #87326 Tonilyn M. Chippie,#8785 o as, Jr. 2 1259 Sarah E. Ehasz #86469 / Ronald S. Canter #94000 WOLPOFF & ABRAMSON, L.L.P. / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: (800) 830-2793 Fax: (866) 281-9028 cc: PAPR2/PA176A W&A FILE NO. 126751159 d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK N.A. Plaintiff NO. 05-5361 VS. HOLLY B GAUKER CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of Praecipe To Settle And Satisfy, was served upon the individual(s) listed below by Regular -4- Mail, Postage Pre-Paid on this 3Lday of OLA&tr , 200-?--. HOLLY B GAUKER 149 SUSQUEHANNA AVE ENOLA, PA 17025 Amy F. Doyle 7062 Daniel F. Wolfs n #20617 Philip C. Warho 'c #86341 David R. Galloway #87326 Tonilyn M. Chippie #87852 Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 Ronald S. Canter #94000 WOLPOFF & ABRAMSON, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Rd., Suite 300 Camp Hill, PA 17011 (717) 303-6700 ? rte`', ? C.? -?-? C"` ,.r ? .. ; --° ti -?-, r ? ? ?? c? _ '? C:': ..? > ? .:i R:? N .. ? ...--