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HomeMy WebLinkAbout06-0103Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 717-737-3334 Plaintiff, in propria persona. RUSSELL E. CLOUSER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : Case No.: ?(Xkj- 10 3 a.tvL CHASE MANHATTAN BANK USA, N.A. CIVIL - LAW 200 WHITE CLAY CENTER DRIVE NEWARK, DELAWARE 19711 Defendant. SERVICE TO BE MADE ON: CHASE MANHATTAN BANK USA, N.A. 200 WHITE CLAY CENTER DRIVE NEWARK, DELAWARE 19711 NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, k'OU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 717-737-3334 Plaintiff, in propria persona. RUSSELL E. CLOUSER, Plaintiff, VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: ?,G .. 1a3 (?6j u CHASE MANHATTAN BANK USA, N.A., Defendant. CIVIL - LAW COMPLAINT; DEMAND FOR JURY TRLAL COMES NOW, Russell E. Clouser, Plaintiff and for causes of action against Defendant and each of them alleges as follows: FIRST CAUSE OF ACTION - STATUTORY VIOLATIONS AND DAMAGES 1. That Plaintiff is a natural person and a resident in Camp Hill, in the County of Cumberland, the State of PA. 2. That Defendant, Chase Manhattan Bank USA, N.A., is a Corporation organized in the State of Delaware with its principal business location at 200 White Clay Center Drive, Newark, Delaware 19711. 3. That Plaintiff and Defendant entered into a consumer contract. 4. That the contract provided for Plaintiff to obtain a revolving open-ended account with Defendant. 5. That the original contract was governed in part by the Truth In Lending Act. 15 USC section 1601 et seq [TILA] by Plaintiff. Complaint - Demand for Trial by Jury Page 1 of 6 6. That the original contract provided for Defendant to respond to any inquiry under TILA made by Plaintiff. 7. That Plaintiff made an inquiry with Defendant on and about February 20, 2004 as to the inaccuracies on the monthly statement and requested further information and documentation. 8. That Defendant received said inquiry on and about February 23, 2004. 9. That Defendant has a duty to comply with any inquiry under TILA made by Plaintiff. 10. That more than ninety (90) days has elapsed since the time Defendant received the billing inquiry from Plaintiff. 11. That as of this date Defendant has ignored, failed and/or neglected Plaintiffs inquiry by failing to respond to the same. This act was willful and knowing. 12. That by failing to respond Defendant is prohibited under TILA to proceed with any collection efforts. 13. That by failing to respond Defendant violated 15 USC section 1666 et seq and 12 CFR section 226.13 et seq. These acts were willful and knowing. 14. That Defendant wrongfully and negatively reported to the credit reporting agencies that Plaintiff was delinquent on the contract. This act was willful and knowing. 15. That as a result of Defendant's wrongfully reporting the foregoing to the credit reporting agencies Defendant violated 15 USC section 1666 et seq and 12 CFR section 226.13 et seq. This act was willful and knowing. 16. That Defendant ignored and disregarded the TILA provisions by proceeding with collection efforts by filing a Claim with the National Arbitration Forum ("Forum"). This act was willful and knowing. A true and correct copy of the Claim is herewith attached and incorporated by reference as Exhibit "A.". Complaint - Demand for Trial by Jury Page 2 of 6 17. That by filing said Claim Defendant violated 15 USC section 1666 ET seq and 12 CFR section 226.13 et seq. This act was willful and knowing. 18. That as a result of the foregoing Plaintiff is entitled to relief under TILA. SECOND CAUSE OF ACTION - BREACH OF CONTRACT 19. That Plaintiff hereby incorporates paragraphs 1 through 18 herein and above by this reference. 20. That Plaintiff is not currently in possession of the original contract, but will seek to obtain a copy thereof in discovery and/or will seek leave of court to amend this complaint to incorporate a copy of said contract at that time when a copy can be ascertained. 21. That if called to testify Plaintiff will testify that the original contract between Plaintiff and Defendant did not contain any provision or clause to submit any dispute arising out the agreement to arbitration. 22. That the original contract between Plaintiff and Defendant did not contain any provision that would allow Defendant to change or add new terms to the original agreement to include arbitration. 23. That Plaintiff never received a copy of any change or addition of new terms to the original agreement. 24. That Defendant filed a claim against Plaintiff in the Forum alleging that an agreement exists containing provisions to arbitrate any dispute arising out of the agreement. 25. Plaintiff filed a Notice of Objection to Arbitration with the Forum prohibiting the Forum to arbitrate the matter absence any provision, clause or contract authorizing either Plaintiff or Defendant to submit a claim to arbitration. Complaint - Demand for Trial by Jury Page 3 of 6 26. Notwithstanding the foregoing, the arbitrator and the Forum entered an award against Plaintiff and in favor of Defendant in the amount of $9,597.81 Dollars, as evidenced by attached Award that is incorporated herein by this reference as Exhibit "B." 27. Defendant served upon Plaintiff a copy of the Award on and about December 8, 2005. 28. That Defendant obtained the Award illegally and without authority, using the Forum whereby breaching the original contract between Plaintiff and Defendant. 29. That the arbitrator exceeded his authority to decide the matter and illegally entered an Award against Plaintiff, absent jurisdiction when no agreement existed between parties to arbitrate. 30. That Plaintiff would be prejudiced and adversely affected if Defendant is allowed to proceed with confirming the Award and a judgment is entered against Plaintiff. 31. That Defendant had no right to force Plaintiff to arbitrate a claim when no agreement existed to arbitrate between parties. 32. That Defendant had no right to obtain an Award against Plaintiff for any amount sought. THIRD CAUSE OF ACTION - VIOLATIONS OF RIGHTS 33. That Plaintiff hereby incorporates paragraphs 1 through 32 herein and above by this reference. 34. That Plaintiff s Rights will be severely impaired if the Award is enforced in a court of law and against Plaintiff. 35. That the award and claim was filed and entered in violation of Plaintiffs Right to Due Process under the Law. Complaint - Demand for Trial by Jury Page 4 of 6 36. That by filing said claim, Defendant violated Plaintiff's Right to use the courts as a means to resolve the dispute. This act was willful and knowing. 37. That by filing the claim, Defendant attempted to violate Plaintiffs Right to Due Process under the law. This act was willful and knowing. 38. That by filing the claim, Defendant violated Plaintiff s Right to a trial by jury. This act was willful and knowing. 39. That by filing the claim, Defendant violated the obligation of the original contract, thus impairing the protection and security of obligation of contract under the Constitution. This act was willful and knowing. 40. That all of Defendant's actions have impaired and adversely affected Plaintiff, which is now entitled to immediate relief under the law. FOURTH CAUSE OF ACTION - IMMEDIATE INJUNCTIVE RELIEF 41. That Plaintiff hereby incorporates paragraphs 1 through 40 herein and above by this reference. 42. That Plaintiff has no other immediate remedy under the law except to file this action. 43. That Plaintiff is entitled to immediate relief from the arbitration award. 44. That the award must be vacated immediately before further harm is done to Plaintiff. PRAYER AND RELIEF WHEREFORE, Plaintiff prays for judgment against Defendant and each of them, on each and every cause of action and count as follows: 1. For immediate relief from Arbitration Award; 2. For $9,597.8 1; 3. For unliquidated damages that may be ascertained by the court or jury; Complaint - Demand for Trial by Jury Page 5 of 6 4. For punitive, general and special damages; 5. For cost of this suit herein; 6. For Violations of Rights; 7. For such other relief as the court deems proper and demanded herein. VERIFICATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated this 6th day of January, 2006. Respectfully submitted and signed by, Russell E. Clouser, Plaintiff, in propria persona. Complaint - Demand for Trial by Jury Page 6 of 6 IN THE NATIONAL ARBITRATION FORUM. CLAIM Chase Manhattan Bank USA, N.A., as successor in interest to Bank One Delaware. N.A., C/O Mann Bracken, LLC One Paces West, Suite 1400 2727 Paces Ferry Road Atlanta, GA 30339 USA CLAIMANT, RE: Chase Manhattan Bank USA, N.A. as successor in interest to Bank One Delaware, NA v Russell E Clouser Forum File Number: FA0508000529120 Account No.: 4266851030178849 Russell E Clouser, 11 Countryside Ct Camp Hill, PA 17011 USA RESPONDENT(S): THIS IS AN ARBITRATION CLAIM AGAINST YOU FOR MONEY OR OTHER RELIEF. YOU HAVE THIRTY (30) DAYS TO SERVE THE CLAIMANT WITH A WRITTEN RESPONSE. IF YOU DO NOT SERVE THE CLAIMANT AND FILE WITH THE NATIONAL ARBITRATION FORUM A WRITTEN RESPONSE, AN AWARD MAY BE ENTERED AGAINST YOU. COMES NOW, Claimant, Chase Manhattan Bank USA, N.A. as successor in interest to Bank One Delaware, N.A., (hereinafter, "Claimant"), and states its claim against Respondent and shows this honorable Forum the following: 1. Respondent is in breach of the Cardmember Agreement, (hereinafter, "Agreement"), to which Claimant succeeds as Obligee following its merger with Bank One Delaware, N.A. The material provisions of the Agreement and amendments thereto are quoted below. Counsel for Claimant will provide exemplar agreements and/or amendments via email or regular mail upon request. Exhibit A 2. Respondent's breach arises from his/her failure to honor the payment terms of the Agreement. Revolving credit was extended to Respondent in reliance upon the terms of the Agreement. The debt, which is the subject of the instant Claim, arises from revolving credit extended to the Respondent in the form of credit card account number 4266851030178849. 3. Respondent(s) continuing default under the terms of the Agreement has resulted in a present principal debt on account due and owing to Claimant in the amount of 7735.68, as reflected in the attached account summary, plus interest accrued through the date of filing in the total amount of $0.00. Interest continues to accrue upon the principal balance due at the rate of 0.00%. The foregoing interest rate is the pre-judgement legal rate of interest authorized by the state law governing the Agreement (as quoted immediately below), to wit, the law of the State of Delaware: GOVERNING LAW: THIS AGREEMENT AND YOUR ACCOUNT WILL BE GOVERNED BY THE LAW OF THE STATE OF DELAWARE AND, AS APPLICABLE, FEDERAL LAW. Submitted for the convenience of the tribunal is a true and correct copy of the relevant statute, 6 Del. C. § 2301, appended hereto as Exhibit "A". 4. This account was declared as a bad debt on 2004-09-30 at which point, it was 210 days delinquent. The date of the last payment received on the account was 2004-01-26. Despite repeated attempts by Claimant and claimant's counsel and/or agents to resolve this claim short of resort to the remedy sought herein, Respondent(s) has/have not paid the amounts due or otherwise made provision for an accord and satisfaction of the claim at bar. 5. Claimant proceeds herein pursuant to the following provision of the Agreement, as amended: PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR SIMILAR PROCEEDING IN COURT, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN .ARBITRATION AS A CLASS ACTION OR SIMILAR PROCEEDING. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR SIMILAR PROCEEDING BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR SMLAR PROCEEDING. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS). HOWEVER, EXCEPT AS OTHERWISE PROVIDED BELOW, THOSE RIGHTS ARE WAIVED AND ALL CLAIMS MUST NOW BE RESOLVED THROUGH ARBITRATION. Any claim, dispute or controversy by either you or us against the other (or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other) arising from or relating in any way to your Account, transactions on your Account, our relationship, this Agreement or any provisions of this Agreement ("Claim"), including Claims regarding the applicability or validity of this arbitration clause, shall be resolved exclusively and finally by binding arbitration. For this arbitration provision, "you" and "us" include the employees, parents, subsidiaries, affiliates, beneficiaries, agents and assigns of you and of us. All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law. Claims made and remedies sought as part of the class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, you and we retain the right to pursue in a small claims court any Claim that is within that court's jurisdiction and proceeds on an individual basis. The party bringing the Claim may select any one of three national arbitration organizations to administer the arbitration of the Claim: the National Arbitration Forum ("NAF"), JAMS/Endispute ("JAMS"), or the American Arbitration Association ("AAA"). The arbitration organization that is selected will apply its code or procedures in effect at the time the arbitration is filed, subject to this Agreement. The arbitration will be conducted before a single arbitrator. The arbitrator's authority is limited solely to the Claims between you and us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and we do not agree to any arbitration on a class action or other representative basis. If you prevail in the arbitration of any Claim against us, we will reimburse you for any fees you paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. Rules and forms may be obtained from, and Claims may be filed with, any of three organizations, as follows: the NAF at P.O. Box 50191, Minneapolis, ]VIN USA 55405-0191, web site at www.arb-forum.com; JAMS at 1920 Main Street, Suite 300, Irvine, California 92614, web site at www.jamsadr.com; or the AAA at 335 Madison Avenue, Floor 10, New York, New York 10017, web site at www.adr.org. Any arbitration hearing at which you wish to appear will take place at a location within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16 This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive termination of your Account as well as voluntary payment of the debt in full by you or any bankruptcy by you. But if we assign ownership of your Account to any unaffiliated third party, this arbitration provision will apply to any Claim between you and that third party only if you or that third party chooses arbitration. 6. Claimant respectfully requests an Award in its favor for the amounts reflected in Paragraph 3 herein together with the costs, fees and expenses of collection described more fully at subparagraphs A through C of this paragraph. The foregoing elements of ancillary relief are provided for by the Agreement (as quoted immediately below) and authorized by the laws of the State of Delaware. Default/Collection Costs: Your Account will be in default and we may demand immediate payment of the entire amount you owe us without giving you prior notice if. (1) in any month we do not receive your Minimum Monthly Payment by the Payment Due Date; (2) you make Purchases or obtain Cash Advances in excess of your credit line; (3) you fail to comply with this Agreement; (4) there is a filing for you bankruptcy; (5) you die or become incapacitated; (6) we believe in good faith that the payment or performance of your obligations under this Agreement is impaired for any other reason. As permitted by applicable law, you agree to pay all collection expenses actually incurred by us in the collection of amounts you owe under this Agreement (including court costs and the fees of any collection agency to which we refer your Account) and, in the event we refer your Account after your default to an attorney who is not our regularly salaried employee, you agree to pay the reasonable fees of such attorney. We will not be obligated to honor any attempted use of your Account if a default has occurred or we have determined to terminate your Account or limit your Account privileges (as described below). (emphasis added) Submitted for the convenience of the tribunal are true and correct copies of the relevant statutes, to wit, 10 Del. C. § 3912, appended hereto as Exhibit "B" and 5 Del. C. § 951, appended hereto as Exhibit "C". - Attorney's Fees; Costs of Arbitration: (i) A Filing Fee of 35 already incurred by Claimant; (ii) a Commencement Fee as may be incurred; (iii) any Administrative Fees as may be incurred; (iv) any other or further Fees as may be incurred in the course of these proceedings; Expenses incurred by the Claimant in serving the Respondent with this Claim. WHEREFORE, Claimant respectfully requests the issuance of an AWARD in its favor as follows: - In the amount of 7735.68 for the principal amount of debt due and owing from Respondent to Claimant; - In the amount of 542.67 for interest accrued on said principal amount through the date of this filing; - For prejudgment interest at the legal rate of 8.25 from the date of this filing through the issuance of Award; - Attorney's Fees of 773.57; - All costs of Arbitration as may be incurred by Claimant in the course of these proceedings; - Service expenses as incurred in serving this Claim upon Respondent; - Any other or further relief that this honorable Forum deems appropriate. The undersigned asserts, under penalty of perjury, that the information contained in this Claim and the supporting documents attached hereto are true and correct. RESPONDENT(S) MUST SEND A WRITTEN RESPONSE TO THE NATIONAL ARBITRATION FORUM, WITH A COPY TO THE CLAIMANT, WITHIN 30 DAYS OR AN AWARD MAY BE ENTERED IN FAVOR OF THE CLAIMANT. James D. Branton, Esq. for the Claimant Claimant Contact: Mann Bracken, LLC Attention: James D. Branton, Esq. One Paces West, Suite 1400 2727 Paces Ferry Road Atlanta, GA 30339 1-800-817-3214 arbitration@mannbracken.com SUMMARY OF ACCOUNT INFORMATION 08/02/2005 - Russell E Clouser ACCOUNT STATUS REPORT Date Filed: 08/02/2005 Account Number: 4266851030178849 Primary Account Holder: Russell E Clouser Address: 11 Countryside Ct Camp Hill, PA 17011 Home Phone: 0000000000 Work Phone: 0000000000 Secondary Account Holder: Address: Home Phone: Work Phone: Principal Balance: $7735.68 Interest Rate: 8.25% Last Payment: 01/26/2004 INFORMATION DRAWN FROM ACCOUNT RECORDS AND CURRENT AS OF THE DATE FILED NOTICE OF ARBITRATION Dear Respondent, AN ARBITRATION CLAIM HAS BEEN FILED AGAINST YOU. Enclosed and served upon you is the Initial Claim. You may obtain a copy of the Code of Procedure, without cost, from the Claimant or from the Forum at WWW.ARBITRATION-FORUM.COM or 800/474-2371. IF YOU DO NOT SERVE THE CLAIMANT AND FILE WITH THE FORUM A WRITTEN RESPONSE, AN AWARD MAY BE ENTERED AGAINST YOU. AN ARBITRATION AWARD MAY BE ENFORCED IN COURT AS A CIVIL JUDGMENT. YOU HAVE THIRTY (30) DAYS TO RESPOND FROM RECEIPT OF SERVICE. You have a number of options at this time. You may: 1. Submit a written Response to the Claim, stating your reply and defenses to the Claim, together with documents supporting your position. Your Response must be served on the Claimant and filed with the Forum. Read Forum Code of Procedure Rule 13. A Counter Claim, Cross-claim or Third Party Claim may also be served and filed, and accompanied by the fee as provided in the Fee Schedule. Forms for such Response and Claims may be obtained from the Forum. If you fail to respond in writing to the Claim, an Award may be entered against you and in favor of the Claimant and you will lose your case. 2. Demand a Document Hearing or a Participatory Hearing. You may request a Hearing in your Response or in a separate writing. Unless you have agreed otherwise, an In-person. Participatory Hearing will be held in the Judicial District where you reside or do business. You may also request a hearing on-line or by telephone. Your written Request for a Hearing must be filed with the Forum. You must also serve a copy of your Request on the Claimant and any other Parties. Read Forum Code of Procedure Rules 25 and 26. 3. Have other options. You may seek the advice of an attorney or any person who may assist you regarding this arbitration. You should seek this advice promptly so that your Response can be served and filed within the time required by the Code of Procedure. If you have any questions or need help in responding, you may contact the Forum. The Forum is an independent and impartial arbitration organization, which does not give legal advice or represent parties. THIS SUMMARY IS NOT A SUBSTITUTE FOR READING AND UNDERSTANDING THE CODE OF PROCEDURE WHICH GOVERNS THIS ARBITRATION. National Arbitration Forum P.O. Box 50191 Minneapolis, MN USA 55405-0191 (952)516-6400(800)474-2371 info@arb-forum.com ARBITRATION-FORUM.com INDEX OF EXHIBITS A. 6 Delaware Code § 2301 B. 10 Del. Code § 3912 C. 5 Del. C. § 951 EXHIBIT A Delaware Code : TITLE 6 Commerce and Trade : SUBTITLE II Other Laws Relating to Commerce and Trade : CHAPTER 23. INTEREST : § 2301. Legal rate; loans insured by Federal Housing Administration. 1. Any lender may charge and collect from a borrower interest at any rate; agreed upon in writing not in excess of 5% over the Federal Reserve discount rate including any surcharge thereon, and judgments entered after May 13, 1980, shall bear interest at the rate in the contract sued upon. Where there is no expressed contract rate, the legal rate of interest shall be 5% over the Federal Reserve discount rate including any surcharge as of the time from which interest is due; provided, that where the time from which interest is due predates April 18, 1980, the legal rate shall remain as it was at such time. 2. If the rate of interest specifically set forth in any bond, note or other evidence of indebtedness, exclusive of other charges, fees or discounts authorized or permitted under federal law or under any rule or regulation promulgated pursuant thereto, does not exceed the lawful rate prescribed in subsection (a) of this section, no person shall, by way of defense or otherwise, avail himself/herself of any of the provisions of this chapter, to avoid or defeat the payment of any interest or any such charges, fees or discounts, which any such person shall have contracted to pay in respect of any loan insured by the Federal Housing Administration, or the Commissioner thereof, under or pursuant to the provisions of the National Housing Act [12 U.S.C. § 1701 et seq.], approved June 27, 1934, and amendments thereto, or guaranteed by the Veterans Administration, or the administrator thereof, under and pursuant to Title 38 of the United States Code [38 U.S.C. § 3701 et seq.], and amendments thereto; nor shall anything contained in this chapter be construed to prevent recovery of any such interest or any such charges, fees or discounts from any person who shall have contracted to pay the same. 3. Notwithstanding any other provision in this chapter to the contrary, there shall be no limitation on the rate of interest which may be legally charged for the loan or use of money„ where the amount of money loaned or used exceeds $100,000, and where repayment thereof is not secured by a mortgage against the principal residence of any borrower. 4. In any tort action for compensatory damages in the Superior Court or the Court of Common Pleas seeking monetary relief for bodily injuries, death or property damage, interest shall be added to any final judgment entered for damages awarded, calculated at the rate established in subsection (a) of this section, commencing from the date of injury, provided that prior to trial the plaintiff had extended to defendant a written settlement demand valid for a minimum of 30 days in an amount less than the amount of damages upon which the judgment was entered. (Code 1852, § 1160; 16 Del. Laws, c. 310, § 1; Code 1915, § 2621; 28 Del. Laws, c. 213; Code 1935, § 3101; 6 Del. C. 1953, § 2301; 52 Del. Laws, c. 277; 56 Del. Laws, c. 288, §§ 1-4; 57 Del. Laws, c. 78, § 1; 57 Del. Laws, c. 311; 59 Del. Laws, c. 439, § 1; 59 Del. Laws, c. 589, § 1; 62 Del. Laws, c. 228, § 7; 62 Del. Laws, c. 239, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 443, § 1.) EXHIBIT B Delaware Code : TITLE 10 Courts and Judicial Procedure : PART III Procedure : CHAPTER 39. PLEADING AND PRACTICE : § 3912. Counsel fees; recovering in actions on written instruments. In all causes of action, suits, matters or proceedings brought for the enforcement of any note, bond, mechanics lien, mortgage, invoice or other instrument of writing, if the plaintiff or lien holder in the action, suit or proceeding recovers judgment in any sum, the plaintiff or lien holder may also recover reasonable counsel fees, which shall be entered as a part of the judgment in the action, suit or proceeding. Such counsel fees shall not in any such action, suit or proceeding, exceed 20 percent of the amount adjudged for principal and interest. Such counsel fees shall not be entered as a part of such judgment unless the note, bond, mortgage, invoice or other instrument of writing sued upon, by the terms thereof, expressly provides for the payment and allowance thereof, except in the cases of mechanics liens in which no express agreement shall be necessary in order to entitle the lien holder to reasonable counsel fees. (27 Del. Laws, c. 286; Code 1915, § 4204; 38 Del. Laws, c. 202, § 1; Code 1935, § 4682; 10 Del. C. 1953, § 3912; 68 Del. Laws, c. 63, § 1; 70 Del. Laws, c. 186, § 1.) EXHIBIT C Delaware Code : TITLE 5 Banking : PART II Banks and Trust Companies : CHAPTER 9. REGULATIONS GOVERNING BUSINESS OF BANKS AND TRUST COMPANIES : Subchapter Il. Bank Revolving Credit : § 951. Attorney's fees; costs. In the event a borrower defaults under the terms of a plan, the bank may, if the borrower's account is referred to an attorney (not a regularly salaried employee of the bank) or to a third party for collection and if the agreement governing the revolving credit plan so provides, charge and collect from the borrower a reasonable attorney's fee. In addition, following a borrower's default, the bank may, if the agreement governing the plan so provides, recover from the borrower all court, alternative dispute resolution or other collection costs (including, without limitation, fees and charges of collection agencies) actually incurred by the bank. (63 Del. Laws, c. 2, § 4; 66 Del. Laws, c. 283, § 10; 72 Del. Laws, c. 15, § 11.) NATIONAL ARBITRATION FORUM Chase Manhattan Bank USA, N.A. as successor in interest to Bank One Delaware, NA c/o Mann Bracken, LLC 2727 Paces Ferry Road One Paces West, 14th Floor Atlanta, GA 30339 CLAIMANT(S), AWARD RE: Chase Manhattan Bank USA, N.A. as successor in interest to Bank One Delaware, NA v Russell E Clouser File Number: FA0508000529120 Claimant File Number: 4266851030178849 Russell E Clouser 11 Countryside Ct Camp Hill, PA 17011 RESPONDENT(s). The undersigned Arbitrator in this case FINDS 1. That no known conflict of interest exists. 2. That on or before 08/02/2005 the Parties entered into an agreement providing that this matter shall be resolved through binding arbitration in accordance with the Forum Code of Procedure. 3. That the Claimant has filed a Claim with the Forum and served it on the Respondent in accordance with Rule 6. 4. That the Respondent has filed a Response with the Forum and served it on the Claimant. 5. That the matter has proceeded in accord with the applicable Forum Code of Procedure. 6. The Parties have had the opportunity to present all evidence and information to the Arbitrator. 7. That the Arbitrator has reviewed all evidence and information submitted in this case. 8. 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 $9,597.81. Entered and Affirmed in the State of Pennsylvania ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly entered and the Forum hereby certifies that a copy of this Award was sent by first class i J. Rheam, E mail postage prepaid ,to t $iPa?"at a above referenced Arbitrator h '1;h addresses, or their Representatives,, on this date. Date: 12/05/2005 Director Exhibit B ?''' + T, r' `7 ?^ T l\ y4 _.1 Ar- Proof of Service PROOF OF SERVICE - SUMMONS AND COMPLAINT Service of the Summons and Complaint was made by me DATE 1/10/C(5 at 3:25 R1 Richard 7brpey Russell E. Clouser Case Number: 20xr103 Name of Plaintiff' v. Chase Manhattan Fink USA, N.A. Name of Defendant; NAME OF SERVER (PRINT) Rid.ar7 To= TITLE process Server Check one box below to indicate appropriate method of service ® Served person% upon the defendant. Place where served: 200 Write Clay Cuter Dr., Ne ark, 19711. Accepted perra?ally by Jessica Schroeder, Legal Pdninistra: duly authorized to accept service. Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: Returned unexecuted: 0 Other (spec): STATEMENT OF SERVICE FEES TRAVEL; SERVICES: TOTAL: VERIFICATION OF SERVER At the time of service I was at least 21 years of age and not a party to this action and served copies of the Summons and Complaint. ? I am a Sheriff of the County of ® I am a registered process server in the State of I am other. Describe: State of Ealaware I, verify that the foregoing statements are true and correct contained in this Proof of Service and Statement of Service Fees is true and correct subject to penalties pursuant to 18 Pa. C.S. Section 904. Executed on January 11, 2006 Date Signature of Server Ri d?u an Address of Server 2000 Pennsylvania Ave. #207 Wilnungton, DE 19806 AFFIDAVIT OF PROCESS SERVER In The Court of Common Pleas of the State of Pennsylvania in and for Cumberland County Russell E. Clouser Case No: 2006-103 Plaintiff(s) v Chase Manhattan Bank USA, N.A. Defendant(s) I declare that I am a citizen of the United States, over the age of eighteen and not a party to this action. And that within the boundaries of the state where service was effected, I was authorized by law to perform said service. Service: I served Chase Manhattan Bank USA, N.A. With the (documents): Notice to Defend; and Complaint with Demand for Jury Trial; and Exhibits Person Served: Jessica Schroeder, Legal Administrator designated by bank and duly authorized to accept service Service Address: 200 White Clay Center Dr., Newark, DE 19711 Date of Service: January 10, 2006 Time of Service: 3:25 p.m. Manner of Service: (X) By personally delivering copies to the person/authorized agent of entity being served. O By leaving, during office hours, copies at the office of the person/entity being served, leaving same with the person apparently in charge thereof O By leaving copies at the dwelling house or usual place of abode of the person being served, with a member of the household 18 or older and explaining the general nature of the papers. ( ) By posting copies in a conspicuous manner to the address of the person/entity being served. Service Attempts: service was attempted on Description: Age: 29 Sex: F Race: W Hgt: 5'7" Wgt: 130 Hair: Red Glasses: No I declare under penalty of perjury that the information contained herein is true and correct and this affidavit was executed on: January 11, 2006 at Wilmington, Delaware Date City State State of Delaware County of New Castle Richard To y, Proc ss Se er Delaware Attorney Services 2000 Pennsylvania Avenue, Suite 207 Wilmington, Delaware 19806 (302) 429-0657 Subscribed and sworn before me, a Notary Public of the State of Delaware on January 11, 2006 My Hand and Official Seal To ,' ,, r1 (,J Kimberly J. Ry M o- 'son Expires 6115!08 Notary Public, State of DeIaw VAID LY J. i' AN NOTARY PUBLIGDELANARE MYctwiurfts_io ;x fftsJii:a15,200 Russell Clouser II Countryside Court Camp Hill, PA 17011 717-737-3334 Plaintiff, in propria persona. RUSSELL CLOUSER, Plaintiff, vs. CHASE MANHATTAN BANK USA, N.A., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Case No.: 2006-103 CIVIL - LAW Defendant. MOTION FOR DEFAULT JUDGMENT To Defendant, Chase Manhattan Bank USA, N.A.: PLEASE TAKE NOTICE that pursuant to Pennsylvania Rules of Civil Procedure, Rule 3051, as soon after as the matter can be heard, in Civil Court of Cumberland County, Court of Common Pleas, 1 Courthouse Square, Carlisle, PA, Russell Clouser, Plaintiff will move the court for an order granting a dismissal of the ease. This motion is made on the grounds that the Defendant failed to file a response to Plaintiffs Complaint; Demand for Jury Trial within the required time allowed by the court. This Motion is supported by the attached copies of the Notice to Defend, Complaint; Demand for Jury Trial, Proof of Service of Summons and Complaint, Affidavit of Process Server and any further oral or documentary evidence introduced at the hearing of this Motion. Motion - Page 1 of 2 Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 717-737-3334 Plaintiff, in propria persona. RUSSELL E. CLOUSER, : IN THE COURT OF COMMON PLEAS Plaintiff, VS. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: a 00 ro ° 10 3 CHASE MANHATTAN BANK USA, N.A., : CIVIL - LAW Defendant. COMPLAINT, DEMAND FOR JURY TRIAL COMES NOW, Russell E. Clouser, Plaintiff and for causes of action against Defendant and each of them alleges as follows: FIRST CAUSE OF ACTION - STATUTORY VIOLATIONS AND DAMAGES I. That Plaintiff is a natural person and a resident in Camp Hill, in the County of Cumberland, the State of PA. 2. That Defendant, Chase Manhattan Bank USA, N.A., is a Corporation organized in the State of Delaware with its principal business location at 200 White Clay Center Drive, Newark, Delaware 19711. 3. That Plaintiff and Defendant entered into a consumer contract. 4. That the contract provided for Plaintiff to obtain a revolving open-ended account with Defendant. 5. That the original contract was governed in part by the Truth In Lending Act. 15 USC section 1601 et seq [TILA] by Plaintiff. Complaint - Demand for Trial by Jury Page 1 of 6 6. That the original contract provided for Defendant to respond to any inquiry under TILA made by Plaintiff. 7. That Plaintiff made an inquiry with Defendant on and about February 20, 2004 as to the inaccuracies on the monthly statement and requested fiuther information and documentation. 8. That Defendant received said inquiry on and about February 23, 2004. 9. That Defendant has a duty to comply with any inquiry under TILA made by Plaintiff. 10. That more than ninety (90) days has elapsed since the time Defendant received the billing inquiry from Plaintiff. 11. That as of this date Defendant has ignored, failed and/or neglected Plaintiff's inquiry by failing to respond to the same. This act was willful and knowing. 12. That by failing to respond Defendant is prohibited under TILA to proceed with any collection efforts. 13. That by failing to respond Defendant violated 15 USC section 1666 et seq and 12 CFR section 226.13 et seq. These acts were willful and knowing. 14. That Defendant wrongfully and negatively reported to the credit reporting agencies that Plaintiff was delinquent on the contract. This act was willful and knowing. 15. That as a result of Defendant's wrongfully reporting the foregoing to the credit reporting agencies Defendant violated 15 USC section 1666 et seq and 12 CFR section 226.13 et seq. This act was willful and knowing. 16. That Defendant ignored and disregarded the TILA provisions by proceeding with collection efforts by filing a Claim with the National Arbitration Forum ("Forum"). This act was willful and knowing. A true and correct copy of the Claim is herewith attached and incorporated by reference as Exhibit "A.". Complaint - Demand for Trial by Jury Page 2 of 6 17. That by filing said Claim Defendant violated 15 USC section 1666 BT seq and 12 CFR section 226.13 et seq. This act was willful and knowing. 18. That as a result of the foregoing Plaintiff is entitled to relief under TILA. SECOND CAUSE OF ACTION - BREACH OF CONTRACT 19. That Plaintiff hereby incorporates paragraphs 1 through 18 herein and above by this reference. 20. That Plaintiff is not currently in possession of the original contract, but will seek to obtain a copy thereof in discovery and/or will seek leave of court to amend this complaint to incorporate a copy of said contract at that time when a copy can be ascertained. 21. That if called to testify Plaintiff will testify that the original contract between Plaintiff and Defendant did not contain any provision or clause to submit any dispute arising out the agreement to arbitration. 22. That the original contract between Plaintiff and Defendant did not contain any provision that would allow Defendant to change or add new terms to the original agreement to include arbitration. 23. That Plaintiff never received a copy of any change or addition of new terms to the original agreement. 24. That Defendant filed a claim against Plaintiff in the Forum alleging that an agreement exists containing provisions to arbitrate any dispute arising out of the agreement. 25. Plaintiff filed a Notice of Objection to Arbitration with the Forum prohibiting the Forum to arbitrate the matter absence any provision, clause or contract authorizing either Plaintiff or Defendant to submit a claim to arbitration. Complaint - Demand for Trial by Jury Page 3 of 6 26, Notwithstanding the foregoing, the arbitrator and the Forum entered an award against Plaintiff and in favor of Defendant in the amount of $9,597.81 Dollars, as evidenced by attached Award that is incorporated herein by this reference as Exhibit "B." 27. Defendant served upon Plaintiff a copy of the Award on and about December 8, 2005. 28. That Defendant obtained the Award illegally and without authority, using the Forum whereby breaching the original contract between Plaintiff and Defendant. 29. That the arbitrator exceeded his authority to decide the matter and illegally entered an Award against Plaintiff, absent jurisdiction when no agreement existed between parties to arbitrate. 30. That Plaintiff would be prejudiced and adversely affected if Defendant is allowed to proceed with confirming the Award and a judgment is entered against Plaintiff. 31. That Defendant had no right to force Plaintiff to arbitrate a claim when no agreement existed to arbitrate between parties. 32. That Defendant had no right to obtain an Award against Plaintiff for any amount sought. THIRD CAUSE OF ACTION - VIOLATIONS OF RIGHTS 33. That Plaintiff hereby incorporates paragraphs 1 through 32 herein and above by this reference. 34. That Plaintiff s Rights will be severely impaired if the Award is enforced in a court of law and against Plaintiff. 35. That the award and claim was filed and entered in violation of Plaintiffs Right to Due Process under the Law. Complaint - Demand for Trial by Jury Page 4 of 6 36. Tbat by filing said claim, Defendant violated Plaintiffs Right to use the courts as a means to resolve the dispute. This act was willful and knowing. 37. That by filing the claim, Defendant attempted to violate Plaintiffs Right to Due Process under the law. This act was willful and knowing. 38, That by filing the claim, Defendant violated Plaintiff's Right to a trial by jury. This act was willful and knowing. 39. That by filing the claim, Defendant violated the obligation of the original contract, thus impairing the protection and security of obligation of contract under the Constitution. This act was willful and knowing. 40. That all of Defendant's actions have impaired and adversely affected Plaintiff, which is now entitled to immediate relief under the law. FOURTH CAUSE OF ACTION - I1V dEDIATE INJUNCTIVE RELIEF 41. That plaintiff hereby incorporates paragraphs I through 40 herein and above by this reference. 42. That Plaintiff has no other immediate remedy under the law except to file this action. 43. That Plaintiff is entitled to immediate relief from the arbitration award. 44. That the award must be vacated immediately before further harm is done to Plaintiff. PRAYER AND RELIEF WHEREFORE, Plaintiff prays for judgment against Defendant and each of them, on each and every cause of action and count as follows: 1. For immediate relief from Arbitration Award; 2. For $9,597.81; 3. For unliquidated damages that may be ascertained by the court or jury; Complaint - Demand for Trial by Jury Page 5 of 6 4. For punitive, general and special damages; 5. For cost of this suit herein; 6. For Violations of Rights; 7. For such other relief as the court deems proper and demanded herein. VEMCATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated this 6th day of January, 2006. Respectfully submitted and signed by, Russell E. Clouser, Plaintiff, in propria persona. Complaint - Demand for Trial by Jury Page 6 of 6 IN THE NATIONAL ARBITRATION FORUM CLAIM Chase Manhattan Bank USA, N.A., as successor in interest to Bank One Delaware. N.A., C/O Mann Bracken, LLC One Paces West, Suite 1400 2727 Paces Ferry Road Atlanta, GA 30339 USA CLAIMANT, RE: Chase Manhattan Bank USA, N.A. as successor in interest to Bank One Delaware, NA v Russell E Clouser Forum File Number: FA0 5 08000 529 1 20 Account No.: 426685 1 030 1 78 849 Russell E Clouser, 11 Countryside Ct Cantp Hill, PA 17011 USA RESPONDENT(S): THIS IS AN ARBITRATION CLAIM AGAINST YOU FOR MONEY OR OTHER RELIEF. YOU HAVE THIRTY (30) DAYS TO SERVE THE CLAIMANT WITH A WRITTEN RESPONSE. IF YOU DO NOT SERVE THE CLAIMANT AND FILE WITH THE NATIONAL ARBITRATION FORUM A WRITTEN RESPONSE, AN AWARD MAY BE ENTERED AGAINST YOU. COMES NOW, Claimant, Chase Manhattan Bank USA, N.A. as successor in interest to Bank One Delaware, N.A., (hereinafter, "Claimant"), and states its claim against Respondent and shows this honorable Forum the following: Respondent is in breach of the Cardmember Agreement, (hereinafter, "Agreement"), to which Claimant succeeds as Obligee following its merger with Bank One Delaware, N.A. The material provisions of the Agreement and amendments thereto are quoted below. Counsel for Claimant will provide exemplar agreements and/or amendments via email or regular mail upon request. Exhibit A 2. Respondent's breach arises from his/her failure to honor the payment terms of the Agreement. Revolving credit was extended to Respondent in reliance upon the terms of the Agreement. The debt, which is the subject of the instant Claim, arises from revolving credit extended to the Respondent in the form of credit card account number 4266851030178849. 3. Respondent(s) continuing default under the terms of the Agreement has resulted in a present principal debt on account due and owing to Claimant in the amount of 7735.68, as reflected in the attached account summary, plus interest accrued through the date of filing in the total amount of $0.00. Interest continues to accrue upon the principal balance due at the rate of 0.00%. The foregoing interest rate is the pre-judgement legal rate of interest authorized by the state law governing the Agreement (as quoted immediately below), to wit, the law of the State of Delaware: GOVERNING LAW: THIS AGREEMENT AND YOUR ACCOUNT WILL BE GOVERNED BY THE LAW OF THE STATE OF DELAWARE AND, AS APPLICABLE, FEDERAL LAW. Submitted for the convenience of the tribunal is a true and correct copy of the relevant statute, 6 Del. C. § 2301, appended hereto as Exhibit "A". 4. This account was declared as a bad debt on 2004-09-30 at which point it was 210 days delinquent. The date of the last payment received on the account was 2004-01-26. Despite repeated attempts by Claimant and claimant's counsel and/or agents to resolve this claim short of resort to the remedy sought herein, Respondent(s) has/have not paid the amounts due or otherwise made provision for an accord and satisfaction of the claim at bar. 5. Claimant proceeds herein pursuant to the following provision of the Agreement, as amended: PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR SIMILAR PROCEEDING IN COURT, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR SIMILAR PROCEEDING. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR SIMILAR PROCEEDING BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR SIMILAR PROCEEDING. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS). HOWEVER, EXCEPT AS OTHERWISE PROVIDED BELOW, THOSE RIGHTS ARE WAIVED AND ALL CLAIMS MUST NOW BE RESOLVED THROUGH ARBITRATION. Any claim, dispute or controversy by either you or us against the other (or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other) arising from or relating in any way to your Account, transactions on your Account, our relationship, this Agreement or any provisions of this Agreement ("Claim"), including Claims regarding the applicability or validity of this arbitration clause, shall be resolved exclusively and finally by binding arbitration. For this arbitration provision, "you" and "us" include the employees, parents, subsidiaries, affiliates, beneficiaries, agents and assigns of you and of us. All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law. Claims made and remedies sought as part of the class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, you and we retain the right to pursue in a small claims court any Claim that is within that court's jurisdiction and proceeds on an individual basis. The party bringing the Claim may select any one of three national arbitration organizations to administer the arbitration of the Claim: the National Arbitration Forum ("NAT"), JAMS/Endispute ("JAMS"), or the American Arbitration Association ("AAA"). The arbitration organization that is selected will apply its code or procedures in effect at the time the arbitration is filed, subject to this Agreement. The arbitration will be conducted before a single arbitrator. The arbitrator's authority is limited solely to the Claims between you and us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and we do not agree to any arbitration on a class action or other representative basis. If you prevail in the arbitration of any Claim against us, we will reimburse you for any fees you paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. Rules and forms may be obtained from, and Claims may be filed with, any of three organizations, as follows: the NAF at P.O. Box 50191, Minneapolis, MN USA 55405-0191, web site at www.arb-forum.com; JAMS at 1920 Main Street, Suite 300, Irvine, California 92614, web site at www.jamsadr.com; or the AAA at 335 Madison Avenue, Floor 10, New York, New York 10017, web site at www.adr.org. Any arbitration hearing at which you wish to appear will take place at a location within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16 This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive termination of your Account as well as voluntary payment of the debt in full by you or any bankruptcy by you. But if we assign ownership of your Account to any unaffiliated third party, this arbitration provision will apply to any Claim between you and that third party only if you or that third party chooses arbitration. 6. Claimant respectfully requests an Award in its favor for the amounts reflected in Paragraph 3 herein together with the costs, fees and expenses of collection described more fully at subparagraphs A through C of this paragraph. The foregoing elements of ancillary relief are provided for by the Agreement (as quoted immediately below) and authorized by the laws of the State of Delaware. Default/Collection Costs: Your Account will be in default and we may demand immediate payment of the entire amount you owe us without giving you prior notice if: (1) in any month we do not receive your Minimum Monthly Payment by the Payment Due Date; (2) you make Purchases or obtain Cash Advances in excess of your credit line; (3) you fail to comply with this Agreement; (4) there is a filing for you bankruptcy; (5) you die or become incapacitated; (6) we believe in good faith that the payment or performance of your obligations under this Agreement is impaired for any other reason. As permitted by applicable law, you agree to pay all collection expenses actually incurred by us in the collection of amounts you owe under this Agreement (including court costs and the fees of any collection agency to which we refer your Account) and, in the event we refer your Account after your default to an attorney who is not our regularly salaried employee, you agree to pay the reasonable fees of such attorney. We will not be obligated to honor any attempted use of your Account if a default has occurred or we have determined to terminate your Account or limit your Account privileges (as described below). (emphasis added) Submitted for the convenience of the tribunal are true and correct copies of the relevant statutes, to wit, 10 Del. C. § 3912, appended hereto as Exhibit "B" and 5 Del. C. § 951, appended hereto as Exhibit "C". - Attorney's Fees; - Costs of Arbitration: (i) A Filing Fee of 35 already incurred by Claimant; (ii) a Commencement Fee as may be incurred; (iii) any Administrative Fees as may be incurred; (iv) any other or further Fees as may be incurred in the course of these proceedings; Expenses incurred by the Claimant in serving the Respondent with this Claim. WHEREFORE, Claimant respectfully requests the issuance of an AWARD in its favor as follows: - In the amount of 7735.68 for the principal amount of debt due and owing from Respondent to Claimant; - In the amount of 542.67 for interest accrued on said principal amount through the date of this filing; - For prejudgment interest at the legal rate of 8.25 from the date of this filing through the issuance of Award; Attorney's Fees of 773.57; All costs of Arbitration as may be incurred by Claimant in the course of these proceedings; - Service expenses as incurred in serving this Claim upon Respondent; - Any other or further relief that this honorable Forum deems appropriate. The undersigned asserts, under penalty of perjury, that the information contained in this Claim and the supporting documents attached hereto are true and correct. RESPONDENT(S) MUST SEND A WRITTEN RESPONSE TO THE NATIONAL ARBITRATION FORUM, WITH A COPY TO THE CLAIMANT, WITHIN 30 DAYS OR AN AWARD MAY BE ENTERED IN FAVOR OF THE CLAIMANT. James +DBranton, Esq. for the Claimant Claimant Contact: Mann Bracken, LLC Attention: James D. Branton, Esq. One Paces West, Suite 1400 2727 Paces Ferry Road Atlanta, GA 30339 1-800-817-3214 arbitration@mannbracken.com SUMMARY OF ACCOUNT INFORMATION 08/02/2005 - Russell E Clouser ACCOUNT STATUS REPORT Date Filed: 08/02/2005 Account Number: 4266851030178849 Primary Account Holder: Russell E Clouser Address: 11 Countryside Ct Camp Hill, PA 17011 Home Phone: 0000000000 Work Phone: 0000000000 Secondary Account Holder: Address: Home Phone: Work Phone: Principal Balance: $7735.68 Interest Rate: 8.25% Last Payment: 01/26/2004 INFORMATION DRAWN FROM ACCOUNT RECORDS AND CURRENT AS OF THE DATE FILED 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 W W W.ARBITRATION-FORUM.COM or 800/474-2371. IF YOU DO NOT SERVE THE CLAIMANT AND FILE WITH THE FORUM A WRITTEN RESPONSE, AN AWARD MAY BE ENTERED AGAINST YOU. AN ARBITRATION AWARD MAY BE ENFORCED IN COURT AS A CIVIL JUDGMENT. YOU HAVE THIRTY (30) DAYS TO RESPOND FROM RECEIPT OF SERVICE. You have a number of options at this time. You may: 1. Submit a written Response to the Claim, stating your reply and defenses to the Claim, together with documents supporting your position. Your Response must be served on the Claimant and filed with the Forum. Read Forum Code of Procedure Rule 13. A Counter Claim, Cross-claim or Third Party Claim may also be served and filed, and accompanied by the fee as provided in the Fee Schedule. Forms for such Response and Claims may be obtained from the Forum. If you fail to respond in writing to the Claim, an Award may be entered against you and in favor of the Claimant and you will lose your case. 2. Demand a Document Hearing or a Participatory Hearing. You may request a Hearing in your Response or in a separate writing. Unless you have agreed otherwise, an In-person Participatory Hearing will be held in the Judicial District where you reside or do business. You may also request a hearing on-line or by telephone. Your written Request for a Hearing must be filed with the Forum. You must also serve a copy of your Request on the Claimant and any other Parties, Read Forum Code of Procedure Rules 25 and 26. 3. Have other options. You may seek the advice of an attorney or any person who may assist you regarding this arbitration. You should seek this advice promptly so that your Response can be served and filed within the time required by the Code of Procedure. If you have any questions or need help in responding, you may contact the Forum. The Forum is an independent and impartial arbitration organization, which does not give legal advice or represent parties. THIS SUMMARY IS NOT A SUBSTITUTE FOR READING AND UNDERSTANDING THE CODE OF PROCEDURE WHICH GOVERNS THIS ARBITRATION. National Arbitration Forum P.O. Box 50191 Minneapolis, MN USA 55405-0191 (952)516-6400(800)474-2371 info@arb-fonun.com ARBITRATION-FORUM.com INDEX OF EXHIBITS A. 6 Delaware Code § 2301 B. 10 Del. Code § 3912 C. 5 Del. C. § 951 EXHIBIT A Delaware Code : TITLE 6 Commerce and Trade : SUBTITLE II Other Laws Relating to Commerce and Trade : CHAPTER 23. INTEREST : § 2301. Legal rate; loans insured by Federal Housing Administration. 1. Any lender may charge and collect from a borrower interest at any rate agreed upon in writing not in excess of 5% over the Federal Reserve discount rate including any surcharge thereon, and judgments entered after May 13, 1980, shall bear interest at the rate in the contract sued upon. Where there is no expressed contract rate, the legal rate of interest shall be 5% over the Federal Reserve discount rate including any surcharge as of the time from which interest is due; provided, that where the time from which interest is due predates April 18, 1980, the legal rate shall remain as it was at such time. 2. If the rate of interest specifically set forth in any bond, note or other evidence of indebtedness, exclusive of other charges, fees or discounts authorized or permitted under federal law or under any rule or regulation promulgated pursuant thereto, does not exceed the lawful rate prescribed in subsection (a) of this section, no person shall, by way of defense or otherwise, avail himself/herself of any of the provisions of this chapter, to avoid or defeat the payment of any interest or any such charges, fees or discounts, which any such person shall have contracted to pay in respect of any loan insured by the Federal Housing Administration, or the Commissioner thereof, under or pursuant to the provisions of the National Housing Act [12 U.S.C. § 1701 et seq.], approved June 27, 1934, and amendments thereto, or guaranteed by the Veterans Administration, or the administrator thereof, under and pursuant to Title 38 of the United States Code [38 U.S.C. § 3701 et seq.], and amendments thereto; nor shall anything contained in this chapter be construed to prevent recovery of any such interest or any such charges, fees or discounts from any person who shall have contracted to pay the same. 3. Notwithstanding any other provision in this chapter to the contrary, there shall be no limitation on the rate of interest which may be legally charged for the loan or use of money, where the amount of money loaned or used exceeds $100,000, and where repayment thereof is not secured by a mortgage against the principal residence of any borrower. 4. In any tort action for compensatory damages in the Superior Court or the Court of Common Pleas seeking monetary relief for bodily injuries, death or property damage, interest shall be added to any final judgment entered for damages awarded, calculated at the rate established in subsection (a) of this section, commencing from the date of injury, provided that prior to trial the plaintiff had extended to defendant a written settlement demand valid for a minimum of 30 days in an amount less than the amount of damages upon which the judgment was entered. (Code 1852, § 1160; 16 Del. Laws, c. 310, § 1; Code 1915, § 2621; 28 Del. Laws, c. 213; Code 1935, § 3101; 6 Del. C. 1953, § 2301; 52 Del. Laws, c. 277; 56 Del. Laws, c. 288, §§ 1-4; 57 Del. Laws, c. 78, § 1; 57 Del. Laws, c. 311; 59 Del. Laws, c. 439, § 1; 59 Del. Laws, c. 589, § 1; 62 Del. Laws, c. 228, § 7; 62 Del. Laws, c. 239, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 443, § 1.) EXHIBIT B Delaware Code : TITLE 10 Courts and Judicial Procedure : PART III Procedure : CHAPTER 39. PLEADING AND PRACTICE : § 3912. Counsel fees; recovering in actions on written instruments. In all causes of action, suits, matters or proceedings brought for the enforcement of any note, bond, mechanics lien, mortgage, invoice or other instrument of writing, if the plaintiff or lien holder in the action, suit or proceeding recovers judgment in any sum, the plaintiff or lien holder may also recover reasonable counsel fees, which shall be entered as a part of the judgment in the action, suit or proceeding. Such counsel fees shall not in any such action, suit or proceeding, exceed 20 percent of the amount adjudged for principal and interest. Such counsel fees shall not be entered as a part of such judgment unless the note, bond, mortgage, invoice or other instrument of writing sued upon, by the terms thereof, expressly provides for the payment and allowance thereof, except in the cases of mechanics liens in which no express agreement shall be necessary in order to entitle the lien holder to reasonable counsel fees. (27 Del. Laws, c. 286; Code 1915, § 4204; 38 Del. Laws, c. 202, § 1; Code 1935, § 4682; 10 Del. C. 1953, § 3912; 68 Del. Laws, c. 63, § 1; 70 Del. Laws, c. 186, § 1.) EXHIBIT C Delaware Code : TITLE 5 Banking : PART II Banks and Trust Companies : CHAPTER 9. REGULATIONS GOVERNING BUSINESS OF BANKS AND TRUST COMPANIES : Subchapter II. Bank Revolving Credit : § 951. Attorney's fees; costs. In the event a borrower defaults under the terms of a plan, the bank may, if the borrower's account is referred to an attorney (not a regularly salaried employee of the bank) or to a third party for collection and if the agreement governing the revolving credit plan so provides, charge and collect from the borrower a reasonable attorney's fee. In addition, following a borrower's default, the bank may, if the agreement governing the plan so provides, recover from the borrower all court, alternative dispute resolution or other collection costs (including, without limitation, fees and charges of collection agencies) actually incurred by the bank. (63 Del. Laws, c. 2, § 4; 66 Del. Laws, c. 283, § 10; 72 Del. Laws, c. 15, § 11.) III NATIONAL ARBITRATION FORUM Chase Manhattan Bank USA, N.A. as successor in interest to Bank One Delaware, NA c/o Mann Bracken, LLC 2727 Paces Ferry Road One Paces West, 14th Floor Atlanta, GA 30339 CLAIMANT(s), AWARD _ RE: Chase Manhattan Bank USA, N.A. as successor in interest to Bank One Delaware, NA v Russell E Clouser File Number: FA0508000529120 Claimant File Number: 4266851030178849 Russell E Clouser 11 Countryside Ct Camp Hill, PA 17011 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: 1. That no known conflict of interest exists. 2. That on or before 08102/2005 the Parties entered into an agreement providing that this matter shall be resolved through binding arbitration in accordance with the Forum Code of Procedure. 3. That the Claimant has filed a Claim with the Forum and served it on the Respondent in accordance with Rule 6. 4. That the Respondent has filed a Response with the Forum and served it on the Claimant. 5. That the matter has proceeded in accord with the applicable Forum Code of Procedure. 6. The Parties have had the opportunity to present all evidence and information to the Arbitrator. 7. That the Arbitrator has reviewed all evidence and information submitted in this case. 8. 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 $9,597.81. Entered and Affirmed in the State of Pennsylvania ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly entered and the Forum hereby certifies that a copy of this-Award was sent by first class ?D ?i J. Ream, esq. mail postage prepaid to't??>Part ?C at he above referenced /Arbitrator addresses, or their R"resentatlve% on this date. Date: 12/05/2005 Director. Exhibit B B I r R ??- Proof of Service PROOF OF SERVICE - SUMMONS AND COMPLAINT Service of the Summons and Complaint was made by me DATE 1/10/06 at 3:25 EM Ridiard lbrpey Russell E. Closer Case Number: 2006-103 Name of Plaintiff: v. Chase Martettan Bank LISA, N.A. Name of Defendant; NAME OF SERVER (PRINT) Richard Tbrpey TITLE process Server Check one box below to indicate appropriate method of service ® Served personally upon the defendant. Place where served: 200 Nhite Clay Curter Dr. N? erk, EE 19711. Armed persatzlly by Jessica Sd roacler, Lecp Pdninistratcr duly authorized to accept service. Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: F1 Returned unexecuted: 7 O "H I fl _ N ?o I Other (specify): _? = <? Ln C CD STATEMENT OF SERVICE FEES t W TRAVEL; SERVICES: TOTAL: VERIFICATION OF SERVER At the time of service I was at least 21 years of age and not a party to this action and served copies of the Summons and Complaint. ? I am a Sheriff of the County of State of ® I am a registered process server in the State of De alp I am other. Describe: I, verify that the foregoing statements are true and correct contained in this Proof of Service and Statement of Service Fees is true and correct subject to penalties pursuant to 18 Pa. C.S. Section . Executed on Jarnr?ry 11, 2006 Date Signature of Server Ri Address of Server 2700 Paa)sylvar i Ave. #207 Wilmfrgtcn, EE 19806 AFFIDAVIT OF PROCESS SERVER In The Court of Common Pleas of the State of Pennsylvania in and for Cumberland County Russell E. Clouser Case No: 2006-103 Plaintiff(s) v Chase Manhattan Bank USA, N.A. Defendant(s) I declare that I am a citizen of the United States, over the age of eighteen and not a party to this action. And that within the boundaries of the state where service was effected, I was authorized by law to perform said service. Service: I served Chase Manhattan Bank USA, NA. With the (documents): Notice to Defend; and Complaint with Demand for Jury Trial; and Exhibits Person Served: Jessica Schroeder, Legal Administrator designated by bank and duly authorized to accept service Service Address: 200 White Clay Center Dr., Newark, DE 19711 Date of Service: January 10, 20M Time of Service: 3:25 p.m. Manner of Service: (X) By personally delivering copies to the person/authorized agent of entity being served. () By leaving, during office hours, copies at the office of the personlentity being served, leaving same with the person apparently in charge thereof () By leaving copies at the dwelling house or usual place of abode of the person being served, with a member of the household 18 or older and explaining the general nature of the papers. () By posting copies in a conspicuous mantle to the address of the personlentity being served. Service Attempts: service was attempted on Description: Age: 29 Sex: F Race: W Hgt: 5'T' Wgt: 130 Hair: Red Glasses: No I declare under penalty of perjury that the information contained herein is true and corned and this affidavit was executed on: January 11, 2006 at Wilmington Delaware Date city state State of Delaware County of New Castle f G i'o?vs'Ti.rr? Richard Torp , Prot ss Se er Delaware Attorney Services 2000 Pennsylvania Avenue, Suite 207 Wilmington, Delaware 19806 (302) 429-0657 Subscribed and sworn before me, a Notary Public of the State of Delaware on January 11, 2006 Witness My Hand *ad Official Seal To Itimberly J. Ryat M or " s on Expires 6115108 Notary Public, State of Dela K1Fr'IL'E Y J. ,:',AN NOTARY PUBLIGDELMARE My C=C tslor. c.n : cE June 15, 20* Russell Clouser II Countryside Court Camp Hill, PA 17011 717-737-3334 Plaintiff, in propria persona. RUSSELL CLOUSER, Plaintiff, vs. CHASE MANHATTAN BANK USA, N.A. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 2006-103 CIVIL - LAW Defendant. CERTIFICATE OF SERVICE I certify that a copy of the foregoing Motion for Default Judgement, Verification of Russell Clouser in Support of Motion For Default Judgment and Order was sent on the 21" day of February, 2006,by mailing a copy of the same via Certified mail number 7004-2510-0007- 6454-9495 to the following: Chase Manhattan Bank USA, N.A. 200 White Clay Center Drive Newark, DE 19711 By: Jeff Haulman 229 West Dauphin Street Enola, PA 17025 ? ,nuEm? Certificate of Service - Page 1 of i ?; PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) RUSSELL E. CLOUSER (Plaintiff) vs. CHASE MANHATTAN BANK USA, N.A. (Defendant) No.2006-103 Term I. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Motion to Compel Arbitration and Confirm Arbitration Award 2. Identify counsel who will argue cases: (a) for plaintiff: Toni D-iGiarnhha, Krassenstein R Associate (Name and Address) 7500 Brooktree Road, Wexford, PA 15090 (b) for defendant: Russell E. Clouser (Name and Address) 11 Countryside Court, Camp Hill, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: March 29, 2006 DiGiacobbe PA ID No.56686 Print your name Chase Manhattan Bank USA,N.A. Date: February 23, 2006 Attorney for -`, ",;' ?:: ;, ?;? _ ,,.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL E. CLOUSER, Plaintiff, V. CHASE MANHATTAN BANK USA, N.A., Defendant. CIVIL ACTION No. 2006-103 DEFENDANT'S MOTION TO COMPEL ARBITRATION AND CONFIRM ARBITRATION AWARD Filed on Behalf of: DEFENDANT Counsel of Record for this Party: Jonathan T. Krassenstein P.A. ID No. 52095 Toni L. DiGiacobbe P.A. ID No. 56686 KRASSENSTEIN & ASSOCIATES PROFESSIONAL CORPORATION 7500 Brooktree Road Wexford, PA 15090 (724) 935-6227 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL E. CLOUSER, Plaintiff, V. CHASE MANHATTAN BANK USA, N.A., Defendant. CIVIL ACTION No. 2006-103 DEFENDANT'S MOTION TO COMPEL ARBITRATION AND CONFIRM ARBITRATION AWARD NOW COMES the Defendant, Chase Manhattan Bank USA, N.A. ("Chase"), by and through its undersigned counsel, and files the within Defendant's Motion To Compel Arbitration And Confirm Arbitration Award. The within action was commenced by Plaintiff Russell E. Clouser by the filing of a Complaint on January 6, 2006. A copy of the Complaint is attached hereto as Exhibit A and incorporated herein. 2. The Complaint in Civil Action is based on a credit card issued by Chase to Plaintiff. (Complaint, ¶'s 3 and 4). 3. The credit card was delivered to Plaintiff along with a document entitled Cardmember Agreement ("Agreement"). 4. The Agreement provides: ARBITRATION: Any claim, dispute or controversy ("Claim") by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or your Account, including Claims regarding the applicability of this arbitration clause or the validity of the entire Agreement, shall be resolved by binding arbitration by the National Arbitration Forum.... (See copy of Arbitration Clause in Agreement attached hereto as Exhibit B and incorporated herein.) 5. The Agreement further provides: Any arbitration hearing at which you appear will take place at a location within the federal judicial district that includes your billing address at the time the claim if filed.... (See copy of Arbitration Clause in Agreement attached hereto as Exhibit B and incorporated herein.) In or about the fall of 2005, Chase filed a claim against Clouser in the National Arbitration Forum relating to Clouser's unpaid credit card account. After Chase and Clouser had the opporturnity to present all evidence and information to the National Arbitration Forum, on December 5, 2005, the National Arbitration Forum entered an award in favor of Chase and against Clouser in the amount of $9,597.81. Pursuant to the arbitration clause set forth in the Agreement, Chase respectfully moves this Honorable Court for an Order compelling arbitration of all claims against Chase and confirming the arbitration award entered by the National Arbitration Forum. WHEREFORE, Defendant Chase Manhattan Bank USA, N.A. respectfully requests this Honorable Court to enter an Order compelling arbitration of all claims against Chase Manhattan Bank USA, N.A. and confirming the award entered by the National Arbitration Forum on December 5, 2005 in the amount of $9,597.81 against Russell E. Clouser and in favor of Chase Manhattan Bank USA, N.A. as a judgment in the Court of Common Pleas of Cumberland County, Pennsylvania. Respectfully submitted, KRASSENSTEIN & ASS CIATES PROFESSIONAL CORPORATION Dated: February 23, 2006 By: J kizfhan T. Krassens A. ID No. 52095 Toni L. DiGiacobbe P.A. ID No. 56686 7500 Brooktree Road Wexford, PA 15090 (724) 935-6227 Russell E. Clouser 11 Countryside Court CamR,F II Pty 17011 717-737.3334 Plaintiff. ir. propria perFana. Tan 24 2C11 ?t" RUSSELL E, CLOUSER, : IN THE COURT OF COMMON PLEAS Plaintiff, V5. CUMBERLAND COUNTY, PE\INSYLV.A NL4 case No.: 1,OOfc. - 't G 3 CHASE MANHATTAN BANK USA, N.A. CIVIL -LAW 200 WHIG E CLAY CENTER DRIVE ?NEWARK DELAWARE 19711 Defendant. SERVICE TO BE MADE GIN: 14IASE NLXNbL'IT"i,AN BANK USA. N. A. 200 W-H TE CLAY CENTER DRIVE NEWARK, DELAWARE 15711 NOTICE TO DEFIEP'+T9 YOU RAVE, BEEN SLED LN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST T.AXE ACTION WI7.'H,N TWENTY f20j DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AT TORNEY ,.ND FILPVO IN W'3i .TYING WITH THE COURT YOUR DEFENSES OR OBTECTTO'A'g TO THE CLAIMS SET FORTH A3ArNST YOU. YOU ARE WARNER THAT IF YOU FAIL TO DG S0, THE CASE MAY PROCEED Vr"',T.60UT YOU AND .A JUDGk7-NT MAY BE ENTEPE'D AGAINST YOU BY THE COURT MTHOUT FURTHER NNOTICE FOR ANY MONEY CLAITvMD IN _EE COMPLAINT OR FOR AW, OTHER CLAIM OR RELIEF REQUES'T'ED BY TRF PLA N71 F. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IN2ORI'A-NT TO YOU. r 'an 24 iO %'G'_ r. 01 Russell E. Clouser 1 I Countryside Cour Camp Fill, PA 17011 717-737-3334 Plaintiff, in propria persona. RUSSELL E. CLOUSER-, : IN THE COURT OF COMMON PLEAS plaintiff. vs. CUMBERLAND COL'N : Y, PENNSYLVANLA, Cris No.: 2 006 -- i d 3 CHAS1r MI A MATTAN BANK USA, N.A., : CIVIL • LAW Defendant COD MI.AINTt DEN.#ND MR R RY TREAT. CONMS NOW, Russell E. Clouser. Plaintiff and for eauaca of action against Defendant and cacti of :hem alleges as follows: FISST CAUSE Q!N' AC I iON - 5T'ATC'TORY Y10LATIONS AND DA,YIAOE$ 'Ihat Plaintiff is a natural person and a resident in Cann Hill, in :he Ccunty of Cumberland, tPx State oePA. 2. That Defendant, Chore -Manhattan Bank USA KA., s a Corporatior. organized in the State of Deiaware with :ts principel b•.tsitless location at 20n White Clay Center Drive. Newark. Dclaware 19711. 3. That Plaintiff and Defendant entered into a comumer contract. 4. That the contract provided for FWmii'' to obtain a revolving open-ended account with Defendant. 5. That the of aal contract was governed in part by the Truth In Lending Act 15 UK section 1601 etseq FILA] oy Plaintiff. Comaint - Detnand for Trial by Jury Page 1 of 6 Jar. '4 2 -, 6. That the original contract provided for Defendant to respond to eny inquiry under TILA made by Plaintiff. i. That Plaintiff made an inquiry with Defendant on and about Februaryy 20, 2004 as to the inaccuracies on the monthly statement mad requested further information and documentation. g. That Defendant received said inquiry on and about Februa., ?, 23, 2001. 9. That Defendant has a duty to comply with any inquiry under'T'LA made by Plaintiff. 10, That more than ninety (9C) days has elapsed since the time Defendant received the b9ling inquiry from Plaintiff 11. That as of This date Defendant bas ignored. failed and,`or neglected Plaintiffs inquiry by failing to respond to the same. This act was willful and knowing. 12. That by failing to respond Defendant is prohibited under TILA to proceed with any collection efforts. 13. That by failing to respond Defendant violated 15 USC section 1666 et 5sq and 12 CFR section 22613 er seq. These acts were willful atd knowing. 14, That Defendmit wrongfully and negatively r-uxtcd to the credit reporting agencies that Plaintiff was delinquent on the contract. This act was willetti and knowing. 15. That as a result of Defendant's w?ongfilly reporting the foregoing to the credit reporting agencies Defendant vieiated "5 USC section 1666 at seq and 12 CFR section 226.13 el s¢q. This act wag will..U acid ;snowing. iii. That Defendant ignored and disregarded the TILA provisions by proceeding wi+h collection efforts by filing a Claim with the National Arbitration Forum C'Fone ). This get was willful and knowing. A wat ana correct copy of the Claim is herewith attached and incorporated by reference as Exhibit "A.". Complaint - Demand for Trial by Jury Page-! of 6 l;. That try filing said Claim Defendant violated 15 USC section 1665 ET seq and 12 CFR section 226.13 et seq. Thia act was willful and knowing. 16. That as a result of the foregoing Plaintiff is entitled to relief under TILA. SECOND CAUSE OF ACTION -BREAD OF CUTV"t FsaC7 19. That Plaintiff hereby incorporates paragraphs i through 18 herein and above by this reference. 20. That Plaintiff is not currently in possession of the original contract, but will seek to obtain a copy thereof in discovery and/or will seek leave of court to amend this complaint to incorporate a copy of said contract at that time when a copy can be asccr tamed. 21. That if called to testify Plaintiff will restify that the original contract between Plaintiff and Defendant did not contain ar_y provision or clause to submit any dispute arising out the agreement to arbitration, 22. Tlrat the original contract between Plaintiff and Defendant did not rna,sin any provision that -would allow defendant to change or add new terms to the original agreement to include arbitration. 23. That Plaintiff never received a copy of any change or addition of row terms to the original agreement, 24. That Defendant filed a claim against Fiala=in tPe Formn alleging that at,, agreement exists containing provisions to arbitrate any dispute arising out of the agreement. 23. Plaintiff filed a Notice of Objection to Arbitration with the Forum probNting the For= W arbitrate the matter absence arty provision. clause or contract authorizing either Plaintiff or Defendant to submit a claim to arbitration. Complaint - Demand far Trial by Jury Page 3 of 6 e,n ,4 <hJti ?; :00 - u7 26. Notwithstanding the foregoing, the arbitratcr and the Forurn entered an award against Plaintiff and in favor of Defendant in the amount of 59,597.81 Doilars, as evidenced by attached Award that is incorporated herein by this reference as Exhibit ?S" 27. Defendant served upen Plaintiff a copy of the Award on and about Decetnber 8, 2004. 28. That Defendant obtained the Award illegally and without authority, using the Forum whereby breaching the original contract between Plaintiff and Defendant 29. That the arbitrater exceeded his authority to decide the matter and illegally entered an Award against Plaintiff, absent jurisdiction when no agreement existed between parties to arbitrate. 30. That Plaintiff would be prejudiced and adversely affected if Defendant is allowed to proceed with confirtning the Award and a judgment is entered against Plaintiff. 31. That Defendant had no right to force Plaintiff to arbitrate a ciaim when no agreement existed to arbitrate between panics. 32. That Defendant had no right to obtain an Award against Plaintiff for any amount sough:. THIRD CNUE OF ACTION - YZOLATIONS qF RIGHTS 33. Twat Plaintiff hereby incorporates paragraphs 1 through 22 herein and above by this reference. 34. Thst PlainritTs Rights will be severely impaired if the Award is anforced in a court of law and against Plaintiff. 35. That the award and claim was filed and entered in violation of Plaintiffs Right to Due Process under the Law. Complaint - Demand for Trial by Jury Page b of 6 Tan 24 ::%i _a y:pl - Or) 36. That by filing said claim, Defendant violated PlaintifTs P.ight to use the courts as a means to resolve the dispute. This act was willful and bowing. 37, Tl* by filing the c.aim, Defendant attempted to violate Plaintiff's IRdiyit to Due Process under the Inw. This act was willful geed knowing. 39. That by filing the cla n, Defendant violated Plaintiff's Right to a vial by jury. This act was willful and ]mowing. 39. That by tiling tl<e clam. Defendant vioisted the obligation of the orionsl contrac:t.. thus impairing the protection and security of obligation of contract under, the Constitution. This act was willnii sad knowing. 40. That ;ill of Defendant's actions have impaired and adverse?;-, aff_ctxd Plaintiff, which is now entitled to immediate relief undo: the law, EQLZTH CAII&E OF CTION IM ER IE I'ti N I VE RELIEF 41. That PlAintiff hereby incorporates paragraphs 1 through 40 herein and above by this refercnce. 42 That Plaintiff has no other immediate matedy under the law except to file t).is action. 43. That Plaintiff is entitled to h=rediate relief ft= th arbitration award. 44. That the whurd must !:e vacated imntediateiy before :1rtlior ).arm is s oae tc PWritiff. PRAYER AND LIEF WHEREFORE, Plaintiff prays for judgment against Defendant and each of tnsrrt, on cash gad every cause ofaction ar_d couri as follows: For it mediate tFlief from Arbitration Award; 2. For $9,597.83; 3. Far anliyuidatcd dainagm thin: may be ascertained by the court or jury; Csamptaint - Demand for Trial try jury Page 5 of 6 Jan ?', 7_0?? 3:," 4. For punitive, general and special damages; 5. For Cost of this suit h min; 6. Far Violations of Rights; For such other relief a:s the court deems proper and demanded hercln. I, verify ;hat the foregoing statements are true and correct subject to penalties pursuant tc 18 Pa. C.S. Section 4904. Bated this 6th day of Tanuary, 2006. Respettfully submitted and signea 5y, Russell E. Clouser, Plaintiff, in propria persona. Carrphaim - Demand for Trial by Ju.:y Page 6 of 6 .r. 24 200c ;:G. '.10 IN THE NATIONAL A.RBTTRATION FORUM CLAIM Chase Manhattan Bank LISA, N,A., as successor in interest to Bank One Delaware. N.A., C!O Mann Brackert, LLC one paces `Nest. Suite 14M 2727 Paces Ferry Road Atlanta, CA 30339 USA CLAIMANT, RlE, Chase Manhattat Bank GSA. N.W., as successor In interest to Bank One Delawaro, NA V Russell E Clouser Forum File Number: FA05080003 29 1 20 AcmuatNo.; 4266851030178849 Russell E Clouser. I, Ccwttryside 0 Camp Hi a. FA 17311 USA RESPONDENT(S); THIS IS AN ARBITRATION CLAIM ALAI NST YOU FOR NIONEY OR OTHER RELIEF. YOU HAVE THIRTY (30) DAYS TO SERVE; TIFF: CLADVI ANT WITH A W'RTTTEN RESPONSE. IF YOU DO NOT SERVE THE CL.AII4 ANT AND FILE WrM THY.. NATIONAL ARBITRATION FORUNI A WILTYMN RL3r0113t, A.N AIV,° W IMA.Y BE ENTERED AGAL-46T YOU. COMES NOW, Claimant, Chase Manhattan Bank USA, N.A. as successor in interest to Bank One Delaware, N.A,, (hereinafter, "Claimant"), and btates its claim agaimt Respondent and shows this honorable Forum the following: Respondent is in breach of the Cardmember Agreement, (hereinafter. "?agreement"), to which Claimant succeeds as Obli;ee following its merger with Bank One Delaware, N.A. The math:al provisions of the Agreement and amendments thereto are quoted below, counsel for Claimant wilt provide exemplar agreements sndlor amendments via email or r_Eular mail upon request. Exhibit A ?CIn 2006 9;r1=' ='. 1` 2. Respondent's breach arises frorn his/her failure to honor the payment terms of the .Agreement. Revolving credit was extended to Respondent in reliance upon the terns of the Agreement. The debt, which is the subject of the instant Claim, arises from revolving credit extended to the Respondent it.. the form of credit card account number 4266851030178849. 3. Respordem(s) continuing default under the terms of the Agreement has resulted in a present principal debt on account due and owing to Claimant in the amount of 7735,68, as rzf ccted in the attached account summary, plus interest accrued through the date of filing in the total amount of $0.00. Intcr_st continues to accrue upon the principal balance due at the rate of 0.000c. The foregoirig interest rate is the pre-judgement legal rate of interest authorized by the state law governing the Agreement (as quoted immediately below), to wit, the law of the State of Delaware: GOVMNLNG LAW: THIS AGRFf-MEANT AND YOUR ACCOUNT WILL BE OOVER-NED BY THE LAW OF THE STATE OF DELAWARE AND. AS AP?LICABLE. FEDERAL LAW. Submitted for the convenience of the tribunal is a true and correct copy of the relevant statute, 5 Z el. C. § 2301, appended hereto as Exhibit "A". 4. This account was declared as a bad debt on 200.1-19.30 at which point it was 210 days deUiquent. The date of the last payment received on the account was 2004.04-26, Despite repeated attempts by Claimant and claimant's counsel and/or agents to resolve this clam short of resort to the remedy sought herein, Respondent(s) hasRtave not paid the arnotims dice or otherwise made provision for an accord and satisfaction of the claim at bar. 5. Claimant proceeds herein pursuant to the following provision or the Agreement. as emended: PLEASE READ THIS PROVISION CAREFULLY. IT PRO`'IDES ; HAT ANY DISPUTE !vLkY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRLNG A CLASS ACTION OR SIMILAR PROCEEDING IN COURT, NOR WILL YOU BE ABLE TO BRAG A-NY CLAIM IN ARBITRATION AS A CLASS ACTION OR SIMILAR PROCEEDING, YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR SIMMAR PROCEEDING BROUGHT BY AINYONE ELSE, OR BE REPRESENTED rV A CLASS ACTION OR SIMILAR PROCEEDING. IN THE ABSZNCE OF kris ARBrrRxrtO^: AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAWS IN A COURT, BEFORE A JUDrik OR IURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED LN COURT BY OTHERS CIACLUDLNG CLASS ACTIONS). HOWEVER, EXCEPT AS OTHERWISE PROVIDED BELOW, TROSE RIGHTS ARE WAIVED AND ALL CLAIMS MUST NOW BE RESOLVED THROUGH ARBITRATION. Any claim, dispute or controversy by cither you or us against the other (or against the employees, parents. subsidiaries, affiliates, bcneficiaries, agents or assigns of the other) arising from or relating in any way to you' Account, trwisactions on ywr Account, our rclationship, this Agreement or any provisions or this Agreement ("Claim"). including Claims regarding the applicability or vaiidity of this arbitration clause, shall be resolved exclusively and finally by binding arbitration. For this arbitration provision, "you" and Jan 3:i 2006 ;:of i2 "us" inciudc the.empioyees, parents, subsidiares, affiliates. beneficiaries, agents and assigns of you and of us. All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law. Claims made and remedies sought as part of the class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, you and we retain the right to pursue in a small claims court any Claim that is within that court'surisdiction and proceeds on an individual basis. The patty bringing the Claim may select any one of three national arbitration organizations to administer the arbitration of the Claim: the National Arbitration Form ("NAF"), JAI SiErd!spute ("JAMS"), or the American Arbitration Association The arbitration organization that's scleeted will apply its code or procedures in effect at the time the arbitration is flied. subject tc this Agreemertt. The ,shitration will be conducted before a single arbitrator. The arbitrator's authority is limited solely to Cre Claims between you and us alone. Ilia arbitration will not be consolidated with any other arbitration proceeding. You and we do not We to any arnitratiuu on a class action or ocher representative basis. If you prevail in the arbitration of any Claim against us, we will reimburse you for any f.es you paid to the arbitration organization in eonrectien with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, andjudgment may be entered in s court of competent jurisdiction. Rules ar.d forms may be obtained from, and Claims may be filed with, any of three organizations, as foilows: the NAF at P.O. Sex 50i9l, Mimeapols. MN USA 55405-0191. web site at www.arb-forum.com; JA.?YSS at 1920 Main Street, Suite 300. Irvine, Catifomia 92014, web site at www.jamsadr.com; or the AAA at 335 Madison Avenue, F.cor 10, New York, New York i001 , wcb site at www,adr.org. Any arbitrator hearing at which you wish to appear will take place at a location within the federal judicial district that includes your biting address at the time the Clain is filed. Thus arbitration agreement is made pursuant to a transaction involving interstate commerce, and si.all be governed by the Federal Arbitration Act, 9 U.S.C. §,31.15 This arbitration provision applies to all Claims now in existence or "hat may arise in the future. The arbitration prevision shall survive termination of your Acccimt as well as voluntary payment of the deot in full oy you or any batucn ptcy fw You. Sut if we assion ownership of your Accouxtt b x y unafriliatod chid party, this arbitration provision will apply to any Claim between you and that third party only if you or that third party chooses arbitration. 6, Claimant respectfully requesta an Award in its favor for the amounts reflected in P11a2raph 3 hFrein together with the costs, fees and expenses of collection described more fully at subparagraphs A through C of this paragraph. The foregoing elements of ancillary relief are provided for by the Agreement (as quoted immediately below) and aut'torized by the laws of the State of Delaware. Default/Collection Costs: Your Account will be in default and we may demand immediate payment of the entire amount you owe us without giving you prior notice if; (1) in any month we do not receive your Minimum Monthly Payment by the Payment Due Date; (2) you make Firchases or obtain Cash Advances Tan I24 -fO., ?:p3 in excess of your credit line; (3) you fail to comply with this Agreement; (4) there is a filing for you bankruptcy; (S) you die or become incapacitated; (6) we believe in good faith that the payment- or performance of your obligations under this Agreement is impaired for any other reason. As permitted by applicable law, you agree to pay all collection expenses actually incurred by us In the collection of amounts you owe under this Agreement (Including court costs and the fees of any collection agency to which we refer your Account) and, in the event we refer your Account after your default to an attorney who is not our regularly salaried employee, you agree to pay'the reasonable fees of such attorney. We will not be obligated to honor any attempted use of you' Accoum;..f a default has occurred or we have determined to terminate your Account or limit your Account privileges (as described irelow). (emphasis added) Submitted for the convenience of the tribunal are true and correct spies of the relevant statums. to wit, 10 Del. C. § 3912, appended hereto as Exhibit 'B" aad 5 ,Del. C. § 951, appended hereto as Exhibit "C", - A ttomey's Fees; - Costs of Arbitration: (i) A Filing Fee of 35 already inoatred by Claimant; (u) a Commencement Fee as may be incurred: (iii) any Admitaistrativc Fees as may be incurred; (iv) any other or fu:7hnr Fees as may be incurred in the course of these proceedings; Expenses incurred by the Claimant in Bening the Respondent with this Clair:. WIUiREFORE, Claimant respectfully requests the issuance of an AWARD in its favor as follows In the amount of 7735.65 for the principal amount of debt dut and owi,-4 from Respondent to Cla rr ant•. in the amount of 542.67 fur interest accrued on said principai amount through the Cate of this filing; For prejudgment interest at the legal rate of 8.25 from the date of ttis filing through the issuance of Award; Attorney's Fees of 773.57; All costs of Aroitrstion as may be incurred by CW.rnarn in the cou.-sc of arse proceedings; Service expenses as incurred iri serving this Claim upon Respondent; Any other or further -elief that this honorable Forum deems appropriate. The undersi3ned asserts, under penalty of petjury, that the information contained in this Claim alid the supporting doctrnenz attached hcrrto are true and correct. Tcn 24 "OuE 3 G 7:1 RESP0.N77ELVT(S) MAST SEND!, WRJTTFN RESPC INSE TO THE NATIONAL ARBITIATION FORUM, WITH A COPY TO THE CLAINMAN I VvT i"HIN 30 DAYS OR. ATE` AWARD MAY BE ENTERED IN FAVOR OF THE CLAIMANT, Jamea D, Branton, Esq, for the Claimant Claimant Contact: Mann Bracken, I1.C Arention: James D, Branton, Esq. One Paces 'W'est. Suite 1400 2727 Faces Ferry Road Atlanta GA 30334 1-800-817-3214 arbitration (9 mannbra: a,n.com Jars 24 -00C you 15 SUb'V4.4,RY OF ACCOUNT INFORMATION OBIOJ2005 - Russell E Clouser ACCOUNT STATUS REPORT Lute Filed: 08,02/2005 Account Number: 4266831030178849 Primary Account Holder: Russel'. E Clouser Address: 1I Counn-side Ct Camp Hill. PA 17011 Home Phan: 0000000000 Work Phone: 3000000000 Secondary Account Holder: Address: Home Phone: Work Phone: Principal Balance: $7735.66 Interest Rate: 8. % Lasc Payment: 01l26J2004 INFORMATION BRAWN FROM ACCOUNT RECORDS AND CURRENT AS OF T14P DATE FI?.En Jen 24 [pr y:Cw i NOTICE OF ARBITRATION Dear Respondent, AN ARBITRATION CLADA HAS BEEN FILED AGAINST YOU. Enclosed and served upon you is the Iritiai Claim. You may obtain a copy of the Code of Procedure, without cost, from the Claimant or from the Forum at Wzi'W.ARBITRATION-FORL'iv1.CO1vI or 800!474.2371. IF YOU DO NOT SERVE THE CLALSIA:N7.- iiND FILE WITH THE FORLNf A WRITTEN RESPONSE, AN AWARD MAY BE EII\7t_RED AGAR?;ST YOU. AN ARBITRATION AWARD MAY BE ENFORCED IN COURT AS A CIVIL 11JDGMEN7. YOU HAVE THIRTY (30) DAYS TO RSSPOND FROM RECEIPT OF SERVICE. You have a number of option, at this time. You tray: 1. Submit a writinn Response to the Claim stating you reply and dcfenses to the Claim, together with documents supporting you position. Your Response must be served or, the Claimant and fled with the Forum. Read Forwn Code of Frocedure Rule 13. A Counter Claim, Cross-claim or Third Parry Claim may also be served and 51L s? and accompanied btj the lee as provided in the fee Schedule, Forms for such Response and Claims may be obtained from the Foram. If you fail to respond in writing to the Clair, an Award may be entered against you and in favor of the Claim= and you will lose your case, 2. Demand a Document Hearfng 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 :n 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 sen'e a copy of your Request on the Claimant and any other Parties. Read Foram Code of Procedure Rules 25 and 25. 3. Have other optiars. 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 rray contact the Forum. The Forum is an independent and impartial arbitration organizaticn, which does not give legal advice or represent parties. 11-IIS SUNMARY 13 NOT A SUBSTITUTE FOR READING AND UNDERSTANDING THE CODE OFPROC'EDCRE W111CH GOVERNS THIS ARBITRATION. National Arbitration Forum P.O. Box 50191 Minneapolis,: VIN USA 55405-0191 (952)516-6400(800)474-2371 info Garb-fortim.com ARBITRATION-FORUM.com ?en 24 2101ur, 9:c)4 ?. 1, L`1D£X OF EXHMTTs A. o De;awzxv Code § 2301 B. 10 DeL Cod; § 3912 r, 5 Del. C. § 951 J-,ri a 2QGh EXHIBIT A Delaware Code : TITLE 6 Commerce and Trade . SUBTITLE II Other Laws Relaiing to Commercz and Trade CHAPTER 23. INTEREST 2301. Legai.rate; loans insured by Federal Housing Administration. 1. Any lender may charge and collect from a borrower interest at any rate agreed upon in writing not in excess of 5;e over the Federal Reserve discount rate including any su..har;e thereon and judgments entered after May 13, 1980, shall bear interest at dke rate in the contract sued upon. Where here is nu expressed contract rate, the legal rate of interest shall De 5% over the Federal Rcscr; a discount rate including any surcharge as of the time from which interest is due: provided. that where he time from which interest is due predates April 18, 1980, the legal rate shall remain as it was at such time. 2, if the rate of interest specifically set forth in any bond, note or other evidence of indebtedness, exclusive of other charges, fees or discounts authorized or permitted under federal law or under any rule or regulation promulgated purs,:ant thereto, does net exceed the lawful rate prescribxi in subsectior. (a) of this section, no person shall, by way of defense or otherwise, avail hirnself/herelf of any of the provisions of this chapter, to avoid or defeat the payment of any merest or any such charges, fees or discounts, which ary such person shall have contracted to pay in respect of any loan insured by the Federal Housing Adrinistration, or he Commissioner thereof, under or pursuant to the provisions of the Nadunal Housing Act r 12 I;.S.C. i 701 et seq.l. approved June 27, 11934, and amendments thereto, or gttaranteed by the Veterans Administration, or the administrator thereof, under and pursuant to Title 38 of n.e United States Code (38 U,S.C. § 3701 et seq. 1, and amendments thereto; nor shat: anything contained in this chapter be construed to prevent recovery of any such interest or any such charges, fees or discounts frctn ary person who shall have contracted to pay the same. 3. Notwithstanding any other provision in 0.13 c iaptrr to the contrary, tn?:. a shall be nc limitation or tha : ate of interest which may be legally charged for the loan or use of money, where the amount of motley loaned or used exceeds 5100,000, and whetr repayment thereof is not secured by a mortgage against the principal residence of any borrower. 4. In any tort action for compensatory damages in the Superior Court or the Court of Common. Pleas seeking monetary relief for bodily injuries, death or property damage, interest shadl be added tc any final i'tidgment entered for damages awarded, calculated at the rate established in subsection. (a) of this section. commencing from the date of injury, provided that prior to trial the plaintiff had extended to defendant a Wrincn -4tticmen. demand .mud for a minimum of 30 days in an amount less than the amount of dalila?eS upon which the judgment was entered. (Code 1852.3 1160; 16 Del. Laws. c, 310, § i s Cede 1915.3 2621.28 Del. Laws, c,213; Code 1935, § 3101;t Dei. C. 1953, § 2301: 52 Del, Laws, c. 277; 56 Del. Laws, c. 288, §§ 1-4; 5? Tel. Laws, c. 79, § 1; 57 P--i Laws, c. 311; 59 Del. Laws. c. 439, § 1; 59 Del. Laws, c. 589, § 1: 62 Del. Laws, c. 228, § T; 61, Del. Laws, c. 239, § 1: 70 Del. Laws, c. 186, § l; 72 Dc:, Laws, c. 443, § l,) Jer. 24 20j,'- 9 1EXHIBIT B Delaware Code : TIME 10 Courts and Judicial Procedure : PART III Procedure : CHAPTER 39. PLEADING ANTI PRACTICE : § 3913. Counsel fees: recovering in actions on written instrumenrs. In all causcs of action, suits, matters or proceedings brought for the enforcement of any note, bond, mechanics lien, mortgage, invoice or other instrument of writing, if the plaintiff or lien holder in the action, suit or proceeding recovers oddment is any .turf, the plaintiff or lien holder may also recovex reasonable,;mLisel fees. which shall be entered as a pact of the judgment in the itcti-o:., suit or proceeding. Such counsel fees shall not In any such action, suit or proceeding, exceed in perent of the amount adjudged for principal and interest. Such counsel fees shall not be entered as a part of such judgment unless the note, bond, mortgage, invoice or other instrument of writing sucd upon, by tte terms thereof, expressly provides for the payment and allowance thereof, except in the cases of mechanics liens in which no express aorcctnent shall be necessary in order to entitle the lien holder to reasonab:e counsel fees. c27 Del. Laws, e. 236: Code 1915, § 4204; 38 Del. Laws, c. _'02.. § i; Code 19335,§4682-; 10 Dcl, C. 1953, ? 3912; 68 Del. Laws, c. 63, § 1; 70 Del. Laws, c. 185, § 1.; Jan 24 Yxin i:rj=, P. X.1 EXHIBIT C Delaware Code : TITLE 5 Banking : PART II Banks and Trust Companies : CHAPTER 9. REGULATIONS GOVERNING BUSINESS OF BANKS AND TRUST COMPANIES : Subcbapter H. Bark Revolving Credit : $ 951. Attorney's fees; costs. In the event a borrower defaults under the terms of a plam the bank may, if the borrower's account is referred to an attorney (not a regularly salaried employee of the bank) or to a third party for collection and if the agreement governing the revolving credit plan se provides, charge and collect from the borrower a reasonable attorney's fee. Tn addition, following a borrower's default the bank may. if the agreement governing the plan so provides. recover from the borrower all court, alternative dispute resolution or other collection costs (including, without limitation, fees and charges of collection agencies) actually incurred b? the bank. (63 Del, Laws, c. 2, § d; 66 Del. Laws, c. 283, § 10: 72 Del. Lajas, c. 15, § 11.) ,_ i II NATIONAL ARBITRATION FORUM a Chase Manhattan Bank USA, N,A, as successor in interest to Bank One Delaware, NA Go Mann Hrackan, LLC 2 727 Paces Ferry Road One Paces West,14th Floor Atlanta, GA 30359 CLAIMANT(a), AWARD ' RE: Chris Manhattan Rank USA, N.A. as successor in interest to Bank One Delaware, NA v Russell E Clouser File Number: FACS08000529120 Claimant File Humber: 4266851030178849 Russell E Clouser I I Countryside Ct Camp Hill, PA 17011 RESPOINDENT(s). The undersigned Arbitrator in this case FINDS: 1. That no known oonflict of interest exists. 1 That on or before 081022005 the Parties entered into an agrae_tent providing that this matter shall be resolved through binding arbitration in accordance with the Forme Code of Procedure, 3. That the Claimant has fled a Claims with the Forum and served it on the Respondent in accordance with Rule 6 4, That the Respondent has filed a Response with the Forum and served it on the Claimant. 5. That the matter has proceeded in accord with the applicable Forum Code of Procedure. 6, 'I"ne Parties have had the opportunity to present all evidence and information to the Arbitrator. 7. That the Arbitrator has' Ceviewod ali evidence and itiformation submitted in this tisse. 8. Teat me inrormation and evidence sutrmincd support the issuance of an Award as stated. Thereforei the Arbitrator ISSUES: An Award in favor of the Claimant, for a tonal amount of 59,597,81. Entered and Affirmed in the 5tale of Pennsylvania ACKNOWLEDGEMENT AND CERTIFICATE OF SFRVECE ?C- rtifi Award was duly entered and the t hereby \ certifies that a copy of th;sAward was sent by by first class at J. Rheam mail postage prepaid to(11$0;r4ec" the above referenced Arbitrator addresses, or t8eir,Representatives, on this date, Date: 12/05005 Director Exhibit B ;,&;a•'` msnsa Cardmember Agreement Tuns ra be AW Vemenl mr eimMnhes be leans of Vora Cardmember Acmnnt fAlld n Iw'h Bank Due ?Oelawam A. Plea. mad ll O, l and keepulor var ogre lM1e hack cards You dui 'bad !a loan lbrs Agree mt. but gleam he Else to of your Card l you mom nor alreem, lone led All eatanaronS at Credit in dmmdkctign win ur Accourd arc berry morke by Bak, One, 0elawaze. N A, I, Wdmmgton (precision. Vul olvourCazd or4¢ounl eonliems your xeroranee el the leemsaM COndiriMs of Isis A,mmonC o.finalenr In nn Acres rnrm. In woos 'pa- I. -four .Is, m mall Pers. ,khnly a"l arYymhr r more IMn mdl who non avmbd m,1M accam and III amnr ire ewe dgrrye to b0 ampnnnrole fur meAaomt. Ile wares we.'m and a M¢r la Bank One. Belnwme. N A. 'Curd WN;m to cal Mentamard andlor V's I"d real 11 "Old m Yom Acaoum The card "'If be remmed a, sunendnred'.o TO r agent IT.n Forces' or OFF Umne Your AwlF You roll use Your Card or Account to Purchase wlease goods Book C B once Vw m, fore -ere. cMI TO. m'ry vW I.... 'a, ab..... to OF, anY amount you WE OF ert my at our rAated banks under your Cmdsomucer Ageomart or under loner to so, fl¢ =re aueentent m w.pol you may have web In OhprNlwm On Your Account You aurnonra. to pav end cnarga your ACmuntlo, all ,an re Cha.ea mar a.d m roar Aecwm and any other [Pages may Ne ua under IN terms of Ms Agreement. You y M pryr nee LOT wMmPm USeaewlla algost aaeing one al I pC on l+iw oY. n r Mgaeable Y aYrnemt IpI b cfryl1 IFen hourrary var a ma err Abe a,ewo of 0 us. balk pro U s d bd p l mignh k_ Paomdnr APOC.II aaYa. acres That r e, martmonleb to Jareo ,B01 ps pmM", add , w or Masi muldn'e a to body Your pavmami and PBehz m baanaaa swim owe, Annual Pamemegv Bares I-APR, 'Ilurch as Merrill APRF) Ream b..e wrh hadhw APPS, Credit U'V Aetbmtzed Osi gr: Your o0a line is anpwn on The lolher CWtamng Your [leuon. ll ,Ye o0 •nis greement use aool'es mlret -v[aea son Yam apasn nVVeV mm erte51 immeeielHy A vve ugueat tMl you do as. You agree Ina, we y manan Irma'VOU turn 11.11 al anv rime wannul dumedg varP abligam n e ... ..... I, chat Yom rows under chip Agmemens WC mev eougnam Ina, only pomon ,varcred, turn a WaVWble TO, cash Advances Il vy edam yore azceab brt se- on N Protocol m coca Aeerree your coal, Ve ar au pu.o.s of lira C,,Ook.ber Aacee lens I. Army, ma os. we may is,[ the I, err r molar a1P ,Forks Cluh Advance cnb'w Cmr.11,F ce Cesck ,IF me In, mw be omphroar wnM1 y ml Call a Account, antl few have Ile right to LI urn Was oa none to ,slake Pwcnyn or able nr CFA, AavaiPVa r we can, par IT.... wary 111, 'a -ls mewed sit ypur ACmms ".Oct. Statements: We Van Snob . sul¢m¢nl It the had of each -11Tly bring yYmem ClM1?g Ms bcmmm nwr Aemrg olI binlanyced mmornonNl yslalemenrerll g ysur no snow"wwiarew emnur?zm enarcdcm,ge.ya nemniT aria avanybm r,m+.ra, noun tnfnrmarion: ymr agree Nat ove may reavar mnsumercred'i(moons lTm and ceeit retwmmg agennee u connection well your .upncs,dn ono In, a, or- adtm n vl your ACCOvo you an, mul us M .,he,, crept imunne of ling I. TV fart A¢ount 'rvnb hand a et gammons and r...asp .rant Then, such asnemMms. omit lenduv rim credit rowao, agenues. SupPmmntlnnd lea : from lime m time we may iat Ynu reduce Von, err ethics any or more monlnp payments era during a OW arepor we lery mpmanry or eliminate m Trump chages on I I a pwl'on o IM f you, .1¢mnl balance or offal you .,M• up Fund "Pres.nwe tla. we- 1, mavne V bu al SI." Lord 1 .1 .1 of the agpecedltl slap or 11.11anal leatred When !foeSkrp or praTOUOnaI l ecture IT You regular rates arm te,ms'III resume. Permel to Ammnaa iransactiens: NN max but aenovegwree lit. dlLl,e alra.action on .or ACCOwtbt anY M tM fbLma llg"aam. • held a Fl operalermal camientrma, Musa Your Account IIn let-" :Iw osmecl lrauWl err or wlawrul"b"', for. mzeraoehon. fa, aT ....,.arson. ,In Vesoon'Ime for anv laesb 11l nsid-no Your aanuT x eecdnee In, ar:v reason Bnner by a, P e aim Ifa.V..... I yen have Sunimem c,VmI 1-take e fm o /me snails ores wa go, ,'Wore Ines you early var A¢ount waLL on au houldon SVSteminT we later 1. con wJl muh, VOu a we want Y.a to rtgrsler. if vou W, no regrs:e ve may decl.ne vow arouse nancacnons. "" e els.ro ":F`*" verve rice C beck e: Eacneo nvnrvI Check Von ,Its ayour reampat wComen yn[ LMCk hill gavmuUl wa doY ,or luneAM e A,Yd ecenw o Fit tiro, Thal Coveomnce Chen ?.1 max out ere of ..red IF, re rtl and rauml maid a Convenrtnce Check Or anv ream.. orm ng the lsudern q cram", • Weara OF car ,date comgan Is the payee .Chest. • You [rest iT has been yaeaeedf or would bef ceened'.I we paid the Canvememn Chen. • The coMeniMtt Check :a post-hated. If a am,Thou l ConVenruke Check is Paid. mNUOg maunu chock hung mooed or 'n, TVa.wa am not ,es..I Yon have as. the Con ce Weck 11.1 tree card sprnael on By Cher. • Am he at Inpult Or varld be h we dam foe Carrvenence CMCk. Odm,pCOlImF VR roar canorner wu a be m "We un f anY al Iles, ticcurs We don receive east the r imam pY--t due by :ny ms 1110 In-wd IS Snow o fir, al 1. Yw rapt yaw credit 4o¢Te You laa!o camoly W of the arms or mu Agreement of any agmemau w mwVV 9 For area ymbrioies. • OF do or ...I'd, • We ohlsn inrormaliom inlet caddy" us n Mrsne: M1at YOV may be unwJung or auction to env to, dehss 1 11 m to Tbeae Tr urea. You deco Visa or m the form If your dean hwc consider youraGCCOUm to tie m default we w may loss your Account wholocup apply one return Vou to pay Four'vnoaw board. iT redia ew. to by emmt pvmmed bylaw. a wo are rn delanb MMme an here based to he, us. rah who ply our collection costs. O ss uarany anwner who a mon o SaleMa eTpbyeyl. c n Ill and Ill m. soenses at eNamng o ngn, a.a, ors lna lac Poyments Add Ol M Enla,cemenl: We can a[[epl sale Payments marl and etlec whorchamn I of our haply under rev Ag,eemernT We can also delay eMmcn, onor -,led up gral thi 'nor bluer may, Forr, lmss voile a ImprocsenTt sh Ad ance IntWorcessfol9 ue mas"ohn, at tae does fool ohagate ox rosy on rgmn. Charing You Account You may close your Account at only rat e. if VOW lag IF to close ymr Acr uy,w may :regale lhT an, conhrm wool loaves in wmmg, W, may Curare Ina, A,..... I, and.... w Niprno your ctydi l prvyhvgex an M, For for any reason wi111ou1 "I.'none. eacepl as ugw.d oV ahoicdbrPhis. h we clock ynu Ada x,It in be Imok to VOU'at onV cahseoue ces ,,,,Iraq tram Jmmg You, Account or ournding Your cmeil pnvheges It ood P wit loan vand Acaav^ ou odes and ConvenrRenducnycsuu; ?etp,nein¢`1'A us A., Yom,t oulviedk earedt a Slo YOU .1[olumt Irprnuafa, rdu wig nnuue y foe ,seta nsmle lo, rna, a Y. I surely ,:Hale OF p.ceS.a aft your Adam a closed and yo wil be ream me m Pay he wtmnlot, bean[. In ynu icrounl a cymlitg to the terms rl ms Agaemem. m eedieom,l IM „lent all by lhw,'rv may, rmyre you to pay I's ansprod n, balance ALL EXHIBIT s Mnrm rn Pnymenr.,I ogoee to P,, al Isn' If. mw,num undo" t awe as al ow, be hold elate ask: trial u as Its date and ow n pay, I........ yoan aY VI, nara:Ian tole "."I nwn al nt dun old -1 pay tha lull amaant In :,bled ."I 0d spools 11 F Ill a ie. al yN 1"Is a Pelanea nor( nu WV w n, aaV in l,narCX Cnalges becpuse lna+[e anardes acer ue r urdalnnm n?l or Nilany pmhass 'it" vw s pur eel 11 11 q bmanee and Vbnl end nq aalanep do ?pn, ira,e.n r iVCV... m ...... mr owbaby, ame HewObarri rs, I a SIC CC pons. ;do 1du ecantos , N- N G a e wA 11 ally :nr ss Pt 11 1 of '1 11-1 11 old, 1 a ' 11, ew i heard : or el r N . . .... bass eIF ae,I Sul d tool old aaR nn rC y e u. I Is Inc. _Vi a Arhte o] togas n d Irwin pS. pans 1: no ] mr al nn Ill nd,r n1 1. all Us, Rolando eau I'd ,red is or ,nu er Ion , or Ana p rotr dust 9N < de. I it rum Fault IlI lea, .. m IFCHARGE r 1 1 a1 molna ym- I, o1lad Penn", 11 ,, II , . d, Is, p d 1 ,,In In - I do an' I Is' 111 ae .e.. III' Cry F r.rvo r [ Ilse... still , her'. 'I "I IM1e chose bola nce' or eaM day to do Ceram helm, cvd, r rebegtmuq ,In Itry new'.tansarnod or panel cellos IRF bu era,IF t all Fort I, Trial or IF ... I, older rev irenit to /our Accounts horde Ina u,onvaIlot, orntoAVtann,oear, oxleou is your New Naance to year umvdsis tlneas s peal eaana lxn[ne a,aaIll subild the" forall Charles ,'I .I. gas III SVelymeaewnw non nW Re 4Aan[e Cknge en oho ACmumby Fina Caab"False FINANCE CRANGE'w exit Cazn AMen[e when Ara obtain I'd no'con of too Cash Advance FINANCE CHARGE a stated in the Table of lmeren or aang1,yon fmarc. Chat,. is, Comenlence Vital Stahan.,l to Cana, Nnaf Intel AN wN male you a Talmard n FINANCE CHARGE In boat rmtm n s laden n 11 Clones or the !olmwnq 1, Sa sit a Tramlers. Cartenrenee Crooke; gnehme of .valets ehaetsao reign ode, man of a baII.. apmwse at mare, orlon a'wa. bit"Ves I, Pbod rAngn. t addition, I you uze a IF V pan, eemM in make a paVmenl an an, benall and the III ,'lambs IT x,111-1] In I total ,, I I, lame a Tortracand FINANCE CNARNE far se pevmem I ] ,boutl, UvaW ]n bal s.,a tot As d-,,d a fanaanion FINANCE CHARGE tMm111'. xaCNmveaM1 Ind 111-111. a 1-1 no I old 11" "'11 1 "1Isn w m. Fall FINANCE CHARGES plus any Chad Absence IINANCF CHANCFS std II Trapddyddan FINANCE CHARGES. Us Ageament Nui to, da ny mmdoundmg of Fadree Coargez Walter, The PariaJle FINANCE CHARGES he, wbrec 1. c.,,a ao descnbnd ur Nn: shelf, macd'Changm la Its Fou,na of hN'Flmnne CM1ages if, Ise Pavmant'. Vale,,. A.... Cru m mare AIR, I, ably m wuncmunrr I, vommm ill IM1e Porno Palo 11RAll woesw"I orbital If Tole Pnme Rex. AN ¢ulufe Is IIIT adds, a morn to do Pnme Rate arvusnnd nn to, boards Grin I Oar, he Pr?,I Aar. the N IU 51P R' b d a Yn f 1 was, , In. 'I A' a -A di P r H Ina " 'a 'he "o mTa ono i f,ld I a t in, I'll 111. lard lass on a.veeYadc ....... lmlmve fen aM,a runic, wil snows wbdrates b -I narPr fora amv a.Aleu achy'. ml. I OF l d d "I it', at, I'll, I', I IT 1, let ems. on Rd,'All . eFae was h It ,, In ."Rellor, pee data N It a r'arp I jet lMll AP to, To ,,, eadnr i, wnomc t,,I .a to . lvice me IN 11 IS$ If seaAlcdaian r ou" I n maul,,'., rev re"s ..... .vita abbe la r1.Ina 111 nl env W loath I". n,ESan in, [Mrnvar his",,"'... mattR n 11 1, lady offers N ,1 a I, 10dler (- financecharge ad`nayrate A131I or uomimnin 11, not II FLe Wall Cho 1al c in Pr.n w l 1 am" mr91 p Gh enb alpoll raI aIn C ales_SE rs _.tx Maws lVe, urges fa . Ill Ai,elL ' Annat Memben1. Free YOU ahad 11 t . reel f Nhe Tall of I forest Cldnges lh? b ossIVI you hou doNt offeemer , If this whether act a„v ,m . i MY , m of be " II l ane thol ad, OF gnu enter i Ill aa .Il or ho e' do, sound No. For N you had pa rnlre r I imom aaymenl dv , R se avn Care for my I idle, gale I ad 'all lee Favmeel,r "' narge : o w Nr« I I as as fee eased mne ales" Raamre lto', Id.ner ndnitrm merr , eal. . ,r e Ine -ors it Idoor r.afill Ashould Papnem Feu 9 teen enurone ed no Is of Pay, I aa5 ror,rri+aemnn a., miry?aegme errz I Is ob ct because I,nd ,Ia anst nu on not plop aA1yw ene CaI In. asoer I slatm I n me tame o ararea I.? C', Mani Feded. ar Cos ran ould f ea'.Ifwesal sbp bay I Cludde nn R because ex ce repueF ? a Ill •i a comernanrn Check , A :Ill becaese n exceeds o, a s Fear taofe a me time itn 1ed_doe, eyouaedue whe e chance Chad, , vour AC ArR spelt NadBnweNI ergsprep RW Cdwercerce Crw.c4len u'ne .1 .1 rl hale Inedd m I's loans of IN ..erei:'..l,irge s, not mn,ne or, Thin yoaant ovnanne the for anbd?W 11Cle. Nor we dry Flogs. F.11sana[ s enrar n„aar .Icon.. I vim indoor bola. mu o who yoan n'ad,, Iw Ie alnh e, nroe Joe,, nl shoe Veer muds, aptly:, Fm ours, d 'so are fellow a Ina eI, al a fool, cya'. you seV anur on aaaiuonm fee 'a, naaq 'all lost ae no bv9mn:n, a In craft Ill vmaa emu. Use lv,l boa n l Yen pay yon, Andedc by NUdyearn rtmea ssbaw ar ynuronan, "a ... 1... Adminisions. Fee,: a be all pn.ocopea al sales Sads w dap, rate vises ontNV Ineurries, 11 d Vou 111,¢51 any Spevial sevices Sacn as obr]imn, Cards' eepshold bona. on agme poI reatonage finally In mro;arrell a l¢ to rare m anon. The maws ha[banes If. a.' services are spa, ii. rn me Tot of Inmm9 Charges Howned, of on re,anat 1e soon s Sated bray or aVisa eNV a mnnaosn with day donated IF bad made, 1the "Yen, IFfly, agall will nil isposs a lea rl A off, errs, ra dranoseo Unless omarvnm amnom belws 5 one reared as Tess, tae aw any Fit, a [neck anal Srr or aammunelwelee wail as Ill :o in Alto,,, ana (reeled as Purchase. ilanai ....inForeign Csnnded If Ynu ankh a I...oldpnna lch, ume+dsal.t action wdl be convenes into II. S, Oollvs. Vasa USA Inc. .all Fel lerCaM bilernah. Inefnwill , e Inert eu e c -dons in dent w'ad the, Pr e[lion Contrary toco itwnay kn.o Nolen Y to 11.5. Goners . INY hoe older re woods. NoVamr hypes, ern-sandals rasa and add no cercau in lbed n.e we mans iwo to the Issue Pemdeo to us by Visa USA too or Mrs h Card lntemauonal. it The w ency conversion rate treed on the Unda5mq data may OFF Iran the ,ate in eta on Ine dale Von used your Card or Accoa d THROUGH ARBITRATION. all charm .,.. se [ .r , b'1 until YW P W a , be mnel lot al l IFA ,'a,.. paps incautious. ani6atex, benalmmas agent svym of be oareq of vnq bops pl r aftle, an such war in ur Acm a,, ders on Vaur A[ruunl, out mnsnip, her Agrzemem pr r airy of Agreed. prwaans ec a I al m1, II q Llems regarding The rep indinering IX pUd w n anMaelmn pla nces e. snNl ue TmW o us' you e s N and IrIUIN by finding amilrsam For tons aroerauw pmvruo le' -In' .Had I it 1 ark exercise A 0-ft Rex, paems. xubsaianes, al neneliuaue age,,ant unit amigos 0u ft paps. ll are is a arb1ta40n `w made what theory may me eased on by what ruddyme .it 'hi sm[Ipscharms based pa convect innldmmg.mmon t I oua. age y 1. saumn II Leng maaaitin . o any Thal marpn to Io«. 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Tits, thennf pr Hon, appn m m aE gaits now an ea I ,nut may dean in the ,tara an the amurmOf paw s snits s m it yo ar nol a An as wwmarv ad eye eye Of he on V m we by you a or coy un beaa by r a. ou. Are Bm if vas assie Mr a a d Appwnl one eaNnhirrdP tuba rd I the ms nXUrmi pmv al 1. to arty Claim EeNeeu vpu uN t :oat third pan, AN if n 1. dr Thal Third re pair Fla Lepse41 amalranpn. emag.. m IM, Ag Any c we On, wedge The AAle, ,al all Turn, by agmrq, ban an aCnn{. m,, salt ary the Adds ad feludd 'a e, e, and sae, as "A ' I'll leave mot an me APRZ ad . timer r I. Inch m tlu ionx o er Rater, and Them 01 the .,his load ordeals , Items . ma d. n may as may nava Ne eel CPa m tMs Agmvn nearman e needs shinfibcolow uy foruu aahmnx are called LThers atnasYAs Ne k e or You of any Grange ai orange d or by r ack ustre law w Ta Changes ,M be yee , In. mrbepme a m ournc n elwise ad, Merge . any Merge wee apply me eM1r anpaa dare .e sit parr AccossU oniunt old x,na m mre mae le rea otnr rear v.mm . t To crude may galethatvoe am as willing by .l riw dean if an an and race fame No Changes change we m eaeioe. It Led nmN m wo ar lnm You ad err ne rM CnannorN Mao nl will be cbsee and Vou ..N be Red gales a N, seer are epaabi e Obalance e I.ndx of inn Agldem.b nit en[[t an The If,, on re[e rvea a CO..,. n11 do nor nmiN ux be he media noted licendounc it be dlI ,l o as ail f51, yen, Accwm after r wded R.lag ae le d A da Lou ca -, wnl he t are, apl tie you Caangex an If s,0o a aria to accycept na c umn all ;arms of yo.. ur A, 4g,. ree en, add all Carries d 1 m van Phone l . idewr miss da wwIne mgdle arse of am business we les mower we L haw e, such and record rxdnmrsndrmcerveeevone chit lpvne va cagree 'hat we arm xucn right as III w wou 1, arookdnvaxauuri bntweed vpu and nil emulewes. wnnmerrmudme byvar.m e,, ar at md. p RARS. INFORMATION 1Ty"Ll CA r .a Nye ,.,ad SHARING'.Tne Banh One areal ,, P one va[v y l o you I of cut nit. .de ad o a l ,a a xne,arad p .Fort .. I and gr A1ej a us were with now p I of or an, ss learn inn :bank al ml pandact mnms ou1 irae dl m¢ Book GN WwIY? anestmalion aMmroudd eft ec 01 w o abawpravraeunarne The Maynemedences oeapm Yae wit sampan don ,Nestle c life msme of The Bade Ode hni snaps you authorize ans as disclosure moms xhwlaw loYos sea( OR Sh process hyo ur trans tined or of reponseo to m the or eve. menan In .oexereseire oil wfasvieee in theeor apd atthePvPltyy emmea -m,mmalian Sharing Outside lee Bank Ode Farah Tend Row OF..,.N m apt DoI'. Vou win be Memee to ni,e announced de to snare penpreH alcoho ucd we nave about you brnmPig inlddnaiaa related a any at lire orpaaoa or xcrv.e, you may have ,,in any Hitt One ipmpal wan camaa der, or other organization, outside of the Bank One rarer el amosence Nn, es: we wal send ilelamame and any o'"' notices m You at ma adders shown w nl¢s 11 'he alams null-I w am ,memento and assay, :, rimer of in Your aral ror der ewe may accept address corrections any real thegUnited BARRY pi Serv Assignou [ We may at any time asxpn your Account, any sums due o ALCOam. his Agreement or our Abts or oblpabons onaer TheAgreengnt Thu ,armmzl b wnnm we been am such asNnmem ahN he ensued rA au. ow hgl¢s .,dennrs Agree mthe mtenla caned. GOVERNING "To THUS AGREEMENT AND YOUR ACCOUNT WILL 9E 00hadde OBY HE LAW OF THE STATE OF DELAWARE AND. AS APPLICABLE. FEDERAL LAW. YOUR BILLING RIGHTS xeep This Aft For Near. Dse due npo[e cbmalns imeanenl inhrnaupn share, ,art am dN no droadere3 under grit Fee Crean Bllllng All at Us In Cue Of Erran Br Duaniona Nobel Yeua Bill I t you they your bi g'a wrwlg, Or If you need more Mormalmn about u Transaction on your bal -I us m a uparaze z^.eet a, Caravanserai Sem[e PO. Be. care. WammA,on, Of I irgua 16. Wnra Thus as wan as poembl¢. We of hear Imps you ua Ole, In,. 60 Bays she, w, cent Ya. Ina Sol bag m when lot Thor w pmhnm ..pear... Yore cite snob... u.. ban col.. ve will .o, pnaerva T rga. In v.u caner. Y"¢ by Than Ial? me, Year .me am accwml number. Fite amb student 0 the areape[u. env. Ontario, TIN I'm, al ANSI 1 v.u [an he vW Leon,, thud as a. Roar If v.a read.......... auml, descent. The nerd vab are cut sate areal. Your Rir And Out flef..rubilities After We Recain Yeah grel Notice we rim T,Hb.leega but large, within 90 days, unlna we nitre [orrtoed The Rasa by teen. NihN 90 dada, ana meat air. Yon. Than e.IN or npam wry we ba4eve mu TO was [.meet And, we recent vaur IenC we am I w m mu.n any a mour, I.. .aesno.. b Tanker You as didefonl. We can resonance to ad you for me amount You Rea cwGrq maz¢a MTge6, and vre. el a.y.,auto amore against In, credit tic loss a. Per bare m pay aM We The amaonr life we are 1ve5ugaong. hot call conjoved 1. pay to. A,, of as. bit the, You el in Tues., Ih vp find than we madc a mistake on yen, bad, vod deco ups Levy do pay any rnarrc¢ 5iM9e5 Aft 1. arty gamneare0 abmeard 11 we aie.I make a maser. you may he,, to all "..be enealkin And yea tub have to make up say mUaed paYm¢nts ad !n¢ T.esnMeb a,mrear In wale, caa.. we wok sane In. a :,madly, of me andmn an des and he data ma, a 611e. It "Y's he, A,1. TM amoo.t tna, we Int. an kwa, w may repo, vas as alli.. "I'd H.we,a. d an aaonNUO. deal net a.NN you ana vita arm.:. by wnnm an. Rosa bls,9 a. Ire, rod apt ml.zd In...r w'a muv mg.,,,a, we read. ana m mat vans navy a..mR.n about for III And we lag vawne demn M anyone. an, cables e we mull Insonwer.1 undarre ydable eeen dm mane 'at and drafted Inni 11. r far.", e Ilw ad. t to nose Tdlea. we [an 1 C.I'en the Hal 350.1 IM auea.oNd amount . e war net arm abi dOu,TO- aendaem with me... Its.1 property., aervn,mat be Force ...d ar weed cola, and yw navamM of good tarn. correct me True.. all the mm"Hou Inds may nit„ the right at a a,, m, ,e .Tg drf due .. He T,coal Or ? es. TOO,, tiro rave .1 his rotor \aiamn maLmv, made In par[bs. inv awRafte, ate m, diet wnnm yeannnme state, wnM1d ISO Miles of your III mums, aaetazy. am Idl The pur<nan False Host have been more than 550. 'baneIvmenam do...... 1, Rwe awn a, .,Fate an nmmnam. as awe,, ,l,eou he w,emu.nn far`le.moeM or barvnee. I... of lnYrex( CNUgea rho OO ly Faro Rate we use to 100'ally In P -a¢ FINANCE CHARGE Re Yee arthase rai I e g G neah AI I for the ural a ell q cycles Iar, nq he y! A I.test I .11 Perwal. f. 1A, an. ArI mspone p fen APR If l;. Allen me ldedrerd" Panda and,, inn Our, Fenomc Same we dale eemnnrrn me Re ear, FINANCE CHARGE he your Purchase halance5 fertWamg Overarch ilf 1 ma Cash A& 11 hl 9N .III -J looked Res, FeWe nl a ell ad a n n byd n.. I a leaned 911.1 he APO In ye P Msa ba auras aclog g0ve1darr AI exlwy hue, pane re PIU5565s. 1'e APR for use Cash Aavena lance wll ne 'he chinerate plus 15 7", II. Sun Far 1, E.1, the Orrme r'ela as i 0°i Used, 11.1 prima rate as on eaalnole he Oanv Permam Ham lpr Vnur Pmmaae bod"ds l Nuffedng ahrom h Mo.,esf reula edual 302G11 end Ine APR would ',19.6S, AM tun Baev Pen InRaleIor an ad, a ...,1005A1%ana In. APR would seal l9l4% I.: 'F J V - P ne FINANCE CN RGE II, a An d If ]JR 1my'a on APR 99r Nan al5, finance Cre9.e For bu Payn. annpn. Cara Advance FINANCE CHARGE ATM Cash Aavaeeo 35 of CIA, Aavance Iwnh A minimum 01510.001 All Omer Call Aavenaea JY of Col. Aavance (we a m of 515001 4anaacrten FINANCE CHARGE Pr. of realrahlp omzannn Iwiln a minimum of $5 00 ,old A maumum -1$50.001 Balance @amNr FINANCE CHARGE Srl. If akArIyAN aansavlion iwr0l .s nonimurn If $500 ah, a mvrmum oI SSO I01 Med... FINANCE CHARGE SI 00 Wane Finance Chred, A payable faro moalbryeillie, 'Hal Annual Memhenni, Fee Nuns tae Fee.: $190 of Ad New Beer a uFm. aul nor lndu6ry 5150 00 129.00 rl the New Balance IS $15000 we 10, but At Ircluany $1200.00 $35 0011 Ibe New Pakrce is $120600 and Cver Hcwever,A ,.a already Mve mane an, se mare Lure Paymenuin be prior IZ ..In ,Anne we nay cearly , late lee or 535,03 repdrdl... of the ended,.1 VOUr New Balance GMar charyea: Retude Role rare 529.00 Reswn COrwenrerce..hecx Fee $2900 Ovenrmn Fee 329.00 Aamminnliv. Fees: Buoecate 0 Mncnant$ale Slip 5500 0u0nce. of Madera, Bibe, SlaerRml $5.00 E,drN,Chageslw1aH Peyme c Ilvoa d.eku pd, mlea,fda mm or mrn Fare rul Joe fly the P.ayna lDen One we pane tlunny IN lnlmauvloryPenoO. lne lmr?unarv Per a rv end aM the Standard Rate mr Po chases aesoreea n me table nnreas F - Iak. near' I, of the Irs Ja1 of inn bllnq eyed to low q Your la e `ou1 er pay a !,all 11, m y err alee aFa Pavn en Due Our _.n ntlnney Any 6 mrnm pe Penna. the to Rely PRal , l Faa%'a Attended p ren . ah a xnnraarnq M slmpllelennnS. peI, fuseed nds Oynarah Al,,,, lrna chonpe:o an aalu9ea .ere o: O all tocm'esponem, to APO of a NOR sole hgea Rale'1. (he Aelus'ea late wall k ra L re an first day of the III hl .. arced rz tllyour O M1 Aa'- e fl a's AIR Inw q Orr peard when apm Fo Promo ana der a Iq in r!h ec', it you 0a ded, th :Ninnnnm reruns try a: ban 11 least he m by the Pavmem na. Bale arm d, abI uf.Ir J an ona1 PpruCrnm annn APR .,It and and meappucao?a rayl I PI are-rNad 1 re1 f sure" ere" try lmalmi Amount o shut Card or t'roh for 1 a Whead der e11. us OSO stOf Your ud Account I tdr,l or,%ra vow o. AComen¢nce Clmd $ mien $ ry I nze e am 1 w an wmoal 'ma Iv n 11, or . 1 m ar re. Fr mammy ana IN i1 lar, far IS I'll h r _ n a .. In, 11 11, days W, I tl 1 1 0 m 665 N n 11on DI re,5 ndoe, hNN e1 11q g 1 S 1006, or I ass or All of ' y CC .e .r ul 1, Fn h d ef,80u9 hl ,haring n of voar Nauru, 11 ,nlaahlryw $le, de n yandyrm va nale 11 orA or gene ! ay c. cAn,V .dra or lIall may ae Gem ar lx grin ere may be aneammr a6e.m your ,. as Iri I,,,, d , oar Alla rm ymr mw aamurvar, C e s ar eS men darl we ACeaael F. m: - Rlm 115 ME a. PG Bm 6re' 1 rm Wimmyr d, 9899- ,ywcNuts 11 N yeulepnona dlo1?wYhOF Jogeorn q. wu 0651 w may Ins Ran rrylr's the R Ine low C 'es ME ypu ro deflate 6alrng eats on I seaYOUr BilLnq Rynlal` rd" 09/03 M-57780 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing DEFENDANT'S MOTION TO COMPEL ARBITRATION AND CONFIRM ARBITRATION AWARD was served this 23`a day of February, 2006, via first class mail, postage prepaid, upon the following: Russell E. Clouser I I Countryside Court Camp Hill, PA 17011 r i .., -, -, r :; RUSSELL CLOUSER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA V. CHASE MANHATTAN BANK USA, N.A. DEFENDANT 06-103 CIVIL CIVIL LAW ORDER OF COURT AND NOW, this 27`h day of February, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED that: (1) A rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; (2) The defendant shall file an answer to the petition within twenty days of service; (3) The petition shall be decided under Pa.R.C.P. No. 206.7; (4) An evidentiary hearing on disputed issues of material fact shall be held on the 5'h day of April, 2006, at 2:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse. By the Court, '?' t 4A M. L. Ebert, Jr., J. Russell Clouser, Pro Se Chase Manhattan Bank USA, N.A. Defendant bas d_-d f.7 t.ta M.,a..n.a?ds(- ? - •? ?- V u ?" 77 =q.???r r^ ;?f? Russell Clouser 11 Countryside Court Camp Hill, PA 17011 717-737-3334 Plaintiff, in propria persona. RUSSELL CLOUSER, Plaintiff, vs. CHASE MANHATTAN BANK USA,N.A. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.:2006-103 CIVIL - LAW Defendant. VERIFICATION OF RUSSELL CLOUSER IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT I, Russell Clouser, being duly sworn, depose and state that the foregoing statements are based on personal knowledge and if called to testify to the same I would testify as follows: 1. On December 5, 2005 an Award of $9,597.81 was granted to Chase Manhattan Bank USA, N.A. from the National Arbitration Forum. 2_ On January 6, 2006 the Plaintiff filed a Summons and Complaint; Demand for a Jury Trial with the Prothonotary's office of Cumberland County, PA. 3. On January 10, 2006 the Plaintiff was served with the Summons and Complaint and the Proof of Service of the Summons and Complaint and Affidavit of Process Sever was filed on January 23,2006 with the Prothonotary's office of Cumberland County, PA. Verification - Page 1 of 2 F .. 4. The Defendant had 20 days to file an answer to the Complaint and this deadline was January 30, 2006. As of February 6, 2006 the Defendant has not filed an answer. 5. On February 21, 2006 filed a Motion for Default Judgement and asking the court to dismiss the case. VERIFICATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated this 21st day of February 2006. Respectfully submitted and signed by, Russell Clouser Verification - Page 2 of 2 - -'ti •.J 17? CJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA RUSSELL E. CLOUSER, Plaintiff, V. CHASE MANHATTAN BANK USA, N.A., Defendant. CIVIL ACTION No. 2006-103 RESPONSE TO MOTION FOR DEFAULT JUDGMENT Filed on Behalf of. DEFENDANT Counsel of Record for this Party: Jonathan T. Krassenstein P.A. ID No. 52095 Toni L. DiGiacobbe P.A. ID No. 56686 KRASSENSTEIN & ASSOCIATES PROFESSIONAL CORPORATION 7500 Brooktree Road Wexford, PA 15090 (724) 935-6227 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL E. CLOUSER, Plaintiff, V. CHASE MANHATTAN BANK USA, N.A., Defendant. CIVIL ACTION No. 2006-103 RESPONSE TO MOTION FOR DEFAULT JUDGMENT Defendant, Chase Manhattan Bank USA, N.A. ("Chase"), by and through its attorneys, Krassenstein & Associates Professional Corporation, files the within Response to Motion for Default Judgment as follows: Plaintiff Russell Clouser filed a Complaint against Chase on or about January 6, 2006. 2. Plaintiff filed a Motion for Default Judgment on or about February 21, 2006, in which Plaintiff states that pursuant to Pennsylvania Rule of Civil Procedure 3051, Plaintiff will move the court for an order granting a dismissal of the case. 3. If this Court construes Plaintiffs motion as a Motion for a Default Judgment, Plaintiff if not entitled to a default judgment due to Plaintiff s failure to comply with Pennsylvania Rule of Civil Procedure 237. 1, which requires that a 10-day notice be served on defendant prior to the entry of a default judgment. 4. Notwithstanding Plaintiff s failure to file a 10-day notice, Chase filed a Motion to Compel Arbitration and Confirm Arbitration Award on February 24, 2006. 5. If this Court construes Plaintiff's Motion for Default Judgment as a request by the Plaintiff for a dismissal of the case, Chase hereby consents to said dismissal. Plaintiff's Motion for Default Judgment states "Plaintiff will move the court for an order granting a dismissal of the case". If in fact Plaintiff is hereby requesting this Court for a dismissal of the case, Chase will consent to said dismissal. WHEREFORE, Chase Manhattan Bank USA, N.A. hereby requests this Honorable Court to deny Plaintiff's Motion for a Default Judgment and dismiss Plaintiff's Complaint in its entirety. Respectfully submitted, KRASSENSTEIN & ASSOCIATES Dated: February 28, 2006 By: P.A. ID No. 52095 Toni L. DiGiacobbe P.A. ID No. 56686 7500 Brooktree Road Wexford, PA 15090 (724) 935-6227 2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing RESPONSE TO MOTION FOR DEFAULT JUDGMENT was served this 28`h day of February, 2006, via first class mail, postage prepaid, upon the following: Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011 Plaintiff, in propria persona. RUSSELL E. CLOUSER, IN THE COURT OF COMMON PLEAS Plaintiff, vs. CHASE MANHATTAN BANK USA, N.A., Defendant. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 2006-103 CIVIL - LAW PLAINTIFF'S REPLY TO DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR DEFAULT JUDGMENT Plaintiff, Russell E. Clouser, files the within Plaintiffs Reply to Defendant's Response to Plaintiff s Request for Default Judgment as follows: Plaintiff is not an attorney and was unaware of the 10 day rule requiring notice to the opposing party before requesting a default judgment. 2. Notwithstanding that, Defendant has still failed to file an answer to Plaintiffs complaint and as such Plaintiff still requests that a default judgment is entered against Defendant as they have now had notice and opportunity to respond to Plaintiffs complaint and have failed to do so. Plaintiff made an inadvertent error in the relief sought in the motion for default judgment. Plaintiff is not seeking to dismiss this case but is seeking to vacate the void arbitration award that Defendant has obtained against Plaintiff. Plaintiffs Reply to Defendant's Response to Plaintiff's Request for Default Judgment Page 1 of 2 4. Further Defendant has now filed a motion to confirm an arbitration award against Plaintiff knowing full well that Plaintiff has filed this complaint to contest the validity of said award. Such actions by Defendant are wrongful and without merit and should not be well taken by this court. Wherefore Plaintiff asks that the motion for default judgment against Defendant be granted and the arbitration award obtained by Defendant without the jurisdiction to do so should he vacated. Dated: March 0', 2006. Respectfully submitted and signed by, Russell E. Clouser Plaintiff's Reply to Defendant's Response to Plaintiffs Request for Default Judgment Page 1 of 2 Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 Plaintiff, in propria persona. RUSSELL E. CLOUSER Plaintiff, VS. CHASE MANHATTEN BANK USA, N.A., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAI Case No.: 2006-103 CFVIL - LAW Defendant. REQUEST FOR PRODUCTION OF DOCUMENTS Propounding Party: Russell E. Clouser Responding Party: Chase Manhattan Bank USA, N.A. To Chase Manhattan USA, N.A., Krassenstein & Associates, attorney of record for Chase Manhattan Bank USA, N.A.: COMES NOW. Russell E. Clouser (hereinafter "Plaintiff') and serves the Defendant with Request for Production of Documents pursuant to Pennsylvania Civil Rules of Procedure, Rule 4009.11 et seq. PLAINTIFF'S FIRST SET OF REQUEST FOR PRODUCTION OFDOCUMENTS Request No. 1. Please produce a copy of the original cardholder agreement that was sent to Plaintiff at the time of opening of Plaintiffs account number 4266-8510- 3017-8849 that is subject of this lawsuit. Request No. 2. Please produce a copy of any amendment to the original agreement that was sent to Plaintiff after the original agreement was sent that contained Request for Production of Documents - Set I Page 1 of 2 -? ?; ,_, .. y .a Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 Plaintiff, in propria persona. RUSSELL E. CLOUSER, : IN THE COURT OF COMMON PLEAS Plaintiff, vs. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 2006-103 CHASE MANHATTAN BANK USA, N.A., CIVIL - LAW Defendant. INTERROGATORIES Propounding Party: Russell E. Clouser Responding Party: Chase Manhattan Bank USA, N.A. To Chase Manhattan USA, N.A., Krassenstein & Associates, attorney of record for Chase Manhattan Bank USA, N.A.: COMES NOW, Russell E. Clouser (hereinafter "Plaintiff") and serves the Defendant with Interrogatories pursuant to Pennsylvania Rules of Civil Procedure, Rule 4005 et seq. 1. Identify each and every person involved in any way in answering these interrogatories by providing their address and telephone number and job description. 2. Please provide the approximate or exact date that Plaintiff received an account with Defendant bearing the account number 4266-8510-3017-8849. 3. Please provide the approximate or exact date that Plaintiff received the original agreement setting forth terms and conditions of said account number 4266-8510- 3017-8849. Interrogatories - Set 1 Page 1 of 2 i .M%? 4. Did Defendant ever change or amend said original agreement to include any provision or clause to include arbitration as a dispute resolution? 5. If the response to Interrogatory No. 4 is in the affirmative, please provide the approximate or exact date that such change or amendment occurred. 6. If the response to Interrogatory No. 4 is in the affirmative, please state if Plaintiff was given or offered an opportunity to opt out of the change or amendment. 7. If the response to Interrogatory No. 6 is in the affirrnative, please provide the approximate or exact date that said opportunity occurred. 8. For each of your denial to Plaintiffs First Set of Request for Admissions please set forth all facts upon which you base your denial. Dated: March 6a', 2006. Respectfully submitted and signed by, Russell E. Clouser, without prejudice Interrogatories - Set 1 Page 2 of 2 1 Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 Plaintiff, in propria persona. RUSSELL E. CLOUSER : IN THE COURT OF COMMON PLEAS Plaintiff, vs. CUMBERLAND COUNTY, PENNSYLVAI, Case No.: 2006-103 CHASE MANHATTAN Bank USA, N.A., CIVIL - LAW Defendant. REQUEST FOR ADMISSIONS Propounding Party: Russell E. Clouser Responding Party: Chase Manhattan Bank USA, N.A. To Chase Manhattan Bank USA, N.A., Krassenstein & Associates attorney of record for Chase Manhattan Bank USA, N.A.: COMES NOW, Russell E. Clouser (hereinafter "Plaintiff") and serves the Defendant with Request For Admissions Pennsylvania Rules of Civil Procedure Rule 4014 et seq. PLAINTIFF'S FIRST SET OF REQUEST FOR ADMISSIONS 1. Admit that Plaintiff had an account with Defendant bearing the number 4266-8510-3017-8849. 2. Admit that Plaintiff was sent an agreement with terms and conditions related 4266-8510-3017-8849. 3. Admit that said agreement sent to Plaintiff did not have any clause or provision that allowed Defendant to amend the agreement in any way whatsoever. Request For Admissions - Set 1 Page 1 of 2 1 4. Admit that said agreement sent to Plaintiff did not have any clause or provision that allowed Defendant to resolve any dispute under the agreement using arbitration in any way whatsoever. 5. Admit that Defendant filed a claim in the national arbitration illegally without any arbitration agreement whatsoever. 6. Admit that Plaintiff does not owe Defendant any money whatsoever. Dated: March 6th, 2006. Respectfully submitted and signed by, Russell E. Clouser, without prejudice. CW21 Request For Admissions - Set 1 Page 2 of 2 Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 717-737-3334 Plaintiff, in propria persona. RUSSELL E. CLOUSER, : IN THE COURT OF COMMON PLEAS Plaintiff, VS. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 2006-103 CHASE MANHATTAN BANK USA, N.A., : CIVIL - LAW Defendant. CERTIFICATE OF SERVICE I certify that a copy of the Plaintiffs Reply to Defendant's response to Plaintiffs Request for Default Judgment was sent on the 6T" day of March 2006, by mailing a copy of the same via Certified mail number 7005-1160-0002-3086-7697 to the following person: Krassenstein & Associates Professional Corporation Toni L. Digiacobbe 7500 Brooktree Road Wexford, PA 15090 By: Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011 Certificate of Service - Page 1 of 1 -S Rte' ? Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 717-737-3334 Plaintiff, in propria persona. RUSSELL E. CLOUSER, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CHASE MANHATTAN BANK USA, N.A., Defendant. Case No.: 2006-103 CIVIL - LAW CERTIFICATE OF SERVICE I certify that a copy of the Plaintiff's Request for Admissions, Interrogatories, Request for Production of Documents was sent on the 6TH day of March 2006, by mailing a copy of the same via Certified mail number 7005-1160-0002-3086-7697 to the following person: Krassenstein & Associates Professional Corporation Toni L. Digiacobbe 7500 Brooktree Road Wexford, PA 15090 By: Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011 Certificate of Service - Page 1 of 1 ?? 1 • ? Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 717-737-3334 Plaintiff, in propria persona. RUSSELL E. CLOUSER, : IN THE COURT OF COMMON PLEAS Plaintiff, VS. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 2006-103 CHASE MANHATTAN BANK USA, N.A, : CIVIL - LAW Defendant. VERIFICATION IN SUPPORT OF OPPOSITION TO CONFIRMATION OF ARBITRATION AWARD I, Russell E. Clouser, declare, verify and state that I am of lawful age and I am competent to make the following statements based on personal knowledge and if called to testify to the same I would testify as follows: 1. That there is no arbitration agreement between the Defendant and the Plaintiff. 2. That I have not signed any agreement with the Defendant containing arbitration terms or provisions, and that I opted out of the arbitration agreement, and I never agreed to arbitration. 3. That Defendant has not given me any copy of an alleged agreement that I signed agreeing to arbitration. 4. That I deny owing the Defendant any money. 5. That with respect the Defendant's claim, I served an objection to arbitration on the Defendant and the National Arbitration Forum, and I did not participate in said arbitration action. Verification in Support of Opposition to Confirmation of Arbitration Award Page 1 of 2 I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Date: March 6`", 2006 Signed by: P Russell E. Clouser Verification in Support of Opposition to Confirmation of Arbitration Award Page 2 of 2 J ? Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 Plaintiff, in propria persona. RUSSELL E. CLOUSER, IN THE COURT OF COMMON PLEAS Plaintiff, vs. CHASE MANHATTAN BANK USA, N.A., Defendant. CUMBERLAND COUNTY, PENNSYLVANIA Case No.:2006-103 CIVIL - LAW PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO CONFIRM ARBITRATION AWARD COMES NOW, Russell E. Clouser, Plaintiff and hereby opposes Defendant's Motion to Confirm Arbitration Award. In support of this opposition, Plaintiff attaches Verification of Plaintiff and Memorandum in Support of Opposition. 1. As to paragraph 1, it is hereby admitted. 2. As to paragraph 2, it is hereby admitted. 3. As to paragraph 3, it is hereby denied. Plaintiff never received a copy of an agreement with an arbitration clause. 4. As to paragraph 4, it is hereby denied. There was no arbitration clause agreed to by Plaintiff and Defendant. 5. As to paragraph 5, it is hereby denied. There was no arbitration clause agreed to by Plaintiff and Defendant. Opposition to Motion to Confirm Arbitration Award Page 1 of 2 . . 6. As to paragraph 6, it is hereby denied. The account was not unpaid and remains in dispute. 7. As to paragraph 7, it is hereby denied. Plaintiff objected to arbitration and the award was granted without the authority of the arbitrator do to so. 8. As to paragraph 8, it is hereby denied. There was no arbitration clause in the agreement. PRAYER Plaintiff believes that based on Plaintiff s Opposition to Defendant's Motion to Confirm Arbitration Award, Verification in Support of said Opposition, and files and records herein, that Plaintiff will be granted a right to trial; and or in the alternative this matter evident of administrative issues still unresolved, should be dismissed with Plaintiff and Defendant taking nothing and asking nothing, and this matter being dismissed, without further burden upon this court and all parties, with prejudice. I declare under penalty of perjury of the laws of the State of Pennsylvania that the foregoing is true and correct. Dated: March 6`s' 2006. Respectfully submitted and signed by, Russell E. Clouser without prejudice. Opposition to Motion to Confirm Arbitration Award Page 2 of 2 _{ ?J Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 717-737-3334 Plaintiff, in propria persona. RUSSELL E. CLOUSER, Plaintiff, vs. CHASE MANHATTAN BANK USA, N.A., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 2006-103 CIVIL - LAW Defendant. CERTIFICATE OF SERVICE I certify that a copy of the Plaintiff's Opposition to Defendant's Motion to Confirm Arbitration Award, Verification in Support of Opposition to Confirmation of Arbitration Award, Brief in Support of Plaintiffs Opposition to Defendant's Motion to Confirm Arbitration Award and Order was sent on the 6TH day of March 2006, by mailing a copy of the same via Certified mail number 7005-1160-0002-3086-7697 to the following person: Krassenstein & Associates Professional Corporation Toni L. Digiacobbe 7500 Brooktree Road Wexford, PA 15090 By: Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011 Certificate of Service - Page 1 of 1 =__? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL E. CLOUSER, Plaintiff, V. CHASE MANHATTAN BANK USA, N.A., Defendant. CIVIL ACTION No. 2006-103 DEFENDANT'S MOTION TO CONTINUE ARGUMENT Filed on Behalf of: DEFENDANT Counsel of Record for this Party: Jonathan T. Krassenstein P.A. ID No. 52095 Toni L. DiGiacobbe P.A.ID No. 56686 KRASSENSTEIN & ASSOCIATES PROFESSIONAL CORPORATION 7500 Brooktree Road Wexford, PA 15090 (724) 935-6227 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL E. CLOUSER, Plaintiff, V. CHASE MANHATTAN BANK USA, N.A., Defendant. CIVIL ACTION No. 2006-103 DEFENDANT'S MOTION TO CONTINUE ARGUMENT The Defendant, Chase Manhattan Bank USA, N.A. ("Chase"), by and through its undersigned counsel, files the within Motion To Continue Argument and states as follows: 1. The within action was commenced by Plaintiff Russell E. Clouser by the filing of a Complaint on January 6, 2006. The subject matter set forth in the Complaint was litigated before the National Arbitration Forum, with an award being entered in favor of Defendant and against Plaintiff in the amount of $9,597.81 on December 5, 2005. On February 24, 2006, Defendant filed a Motion to Compel Arbitration and Confirm Arbitration Award, along with a Praecipe for Listing Case for Argument. 4. Counsel for Defendant requested a copy of the file from the National Arbitration Forum but has not yet received the file. (See copy of letter dated February 16, 2006 attached hereto and incorporated herein.) 5. Defendant's Motion to Compel Arbitration and Confirm Arbitration Award is currently listed for argument on March 29, 2006. 6. Defendant is hereby requesting that the argument be continued to allow Defendant time to receive the file from the National Arbitration Forum. WHEREFORE, Defendant Chase Manhattan Bank USA, N.A. respectfully requests this Honorable Court to enter an order continuing the argument on Defendant's Motion to Compel Arbitration and Confirm Arbitration Award. Respectfully submitted, KRASSENSTEIN & ASSOCIATES Dated: March 20, 2006 By: \' 1 1I Jo than T. Krassenstein P.A. ID No. 52095 Toni L. DiGiacobbe P.A. ID No. 56686 7500 Brooktree Road Wexford, PA 15090 (724) 935-6227 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing DEFENDANT'S MOTION TO CONTINUE ARGUMENT was served this 20`h day of March, 2006, via first class mail, postage prepaid, upon the following: Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 r,? C-? :-7 _ Y. _, v,} ? ?? ;c_7 ,?? ? C j u. KRASSENSTEIN & ASSOCIATES PROFESSIONAL CORPORATION ATTORNEYS AT LAW 7500 BROOKTREE ROAD WEXFORD. PENNSYLVANIA 15090 (724) 935-6227 FAX (724) 935-0742 IONATHAN TODD KRASSENSIEIN` JULIET BONIFACE KRASSENSI""FIN CLAIRE E. JOHNSON TON] L DIGIACOBBE•t ELEANOR P MCNULTY VIA FAX (866-695-1904) National Arbitration Forum Attn: Tara PO Box 50191 Minneapolis, MN 55405-0191 'AL50 ADMIFTED IN OHIO tALSO ADMITTED IN WEST VIRGINIA E-MAIL atty@krasslaw. cam www.krasslaw.com February 16, 2006 RE: Chase Manhattan Bank USA, N.A. as successor in interest to Bank One Delaware, NA v. Russell E. Clouser File Number: FA0508000529120 Claimant File Number: 4266851030178849 Claimant Reference Number: 40277330 Dear Tara: As we discussed on the telephone, this law firm represents Chase Manhattan Bank in a matter pending in the Court of Common Pleas of Cumberland County, Pennsylvania which has been filed by Russell Clouser. Chase Manhattan Bank was represented by Mann Bracken, LLC in the matter pending before the National Arbitration Forum. Please forward a copy of all documents from the above-referenced case. Please advise of the cost for copies and I will forward a check to your attention. If you have any further questions, please do not hesitate to contact me. Ver ly yours, TLDlmlz RUSSELL CLOUSER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHASE MANHATTAN BANK USA, N.A. DEFENDANT 06-103 CIVIL CIVIL LAW ORDER OF COURT AND NOW, this 17" day of March, 2006, upon consideration of the Plaintiff's Request for Default Judgment and the Defendant's answer thereto, The Plaintiff's Request for Default Judgment is DENIED. Argument on the Defendant's Motion to Compel Arbitration and Confirm Arbitration Award will be heard during Argument Court scheduled for March 29, 2006. By the Court, xl?ussell Clouser, Pro Se Chase Manhattan Bank USA, N.A. Defendant ,\N\ -?, M. L. Ebert, Jr., J. bas I -ja?G \d )? C ass en Ce i ?3 li 0 .v Hd L 1 NVW S'DZ i aV10'ivJ ;d .,Hi D-;u,;Y'd IA i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COI RUSSELL E. CLOUSER, ) CIVIL ACTION Plaintiff, No. 2006-103 V. CHASE MANHATTAN BANK USA, N.A., O? VAMA Defendant. ORDER OF COURT AND NOW, to-wit, this 2 3 day of rh &__? , 2006, it: s hereby ORDERED that the within Defendant's Motion to Continue Argument is hereby GRANTED znd Defendant's Motion to Compel Arbitration and Confirm Arbitration Award is removed from the March 29, 2006 argument list. UI BY THF. MIIRT- /31UN T.. F (? f!9 ?? ?'?? JU? ly X", March 23, 2006 Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Russell E. Clouser V. Chase Manhattan Bank USA, N.A. Case No. 2006-103 Dear Court Administrator, Defendant's Motion to Compel Arbitration and Confirm Arbitration Award is currently scheduled for argument on March 29, 2006. I am informing you that I am not consenting to Defendant's Motion to Continue Argument. The Defendant requested the Argument Court date for March 29, 2006. The Plaintiff is prepared and ready for Argument Court. The Plaintiff has already requested time off from his employment. The Plaintiffs Brief for Argument Court is being filed on March 23, 2006. For the reasons mentioned, Plaintiff is not consenting for a continuance from the Defendant. Sincerely, Russell E. Clouser Cc: Krassenstein & Associates via fax (724-935-0742) Y Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 717-737-3334 Plaintiff, in propria persona. RUSSELL E. CLOUSER, Plaintiff, vs. CHASE MANHATTAN BANK USA, N.A., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 2006-103 CIVIL - LAW CERTIFICATE OF SERVICE I certify that a copy of the Brief in Support of Plaintiff's Opposition to Defendant's Motion to Confirm Arbitration Award and Plaintiff's Opposition to Defendant's Motion for Continue Argument was sent on the 23`d day of March 2006, by mailing a copy of the same via Certified mail number 7005-1160-0002-3086-7703 to the following person: Krassenstein & Associates Professional Corporation Toni L. Digiacobbe 7500 Brooktree Road Wexford, PA 15090 By: Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011 Certificate of Service - Page 1 of 1 Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011 Plaintiff, in propria persona. RUSSELL E. CLOUSER, Plaintiff, vs. CHASE MANHATTAN BANK USA, N.A., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 2006-103 CIVIL - LAW PLAINTIFF" S OPPOSITION TO DEFENDANT'S MOTION FOR CONTINUE ARGUMENT Plaintiff, Russell E. Clouser, files the within Plaintiffs Opposition to Defendant's Motion for Continue Argument as follows: The Defendant requested the Argument Court date for March 29, 2006. 2. The Plaintiff is prepared and ready for Argument Court. 3. The Plaintiff has already requested time off from his employment. 4. The Plaintiffs Brief for the Argument Court is being filed on March 23, 2006. For these reasons, Plaintiff is not consenting for a continuance from the Defendant. Dated: March 23, 2006 Respectfully submitted and signed by: Russell E. Clouser Plaintiff s Opposition to Defendant's Motion for Continue Argument Page 1 of 1 w C? %J r- -r7 GI 1• 13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL E. CLOUSER, Plaintiff, V. CHASE MANHATTAN BANK USA, N.A., Defendant. CIVIL ACTION No. 2006-103 Counsel of Record for this Party: DEFENDANT'S RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS Jonathan T. Krassenstein P.A. ID No. 52095 Filed on Behalf of: DEFENDANT Toni L. DiGiacobbe P.A. ID No. 56686 KRASSENSTEIN & ASSOCIATES PROFESSIONAL CORPORATION 7500 Brooktree Road Wexford, PA 15090 (724) 935-6227 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL E. CLOUSER, Plaintiff, v. CHASE MANHATTAN BANK USA, N.A., Defendant. CIVIL ACTION No. 2006-103 DEFENDANT'S RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS The Defendant, Chase Bank USA, N.A., improperly named as Chase Manhattan Bank USA, N.A. ("Chase"), by and through its undersigned counsel, files the following Defendant's Response to Request for Production of Documents: GENERAL OBJECTIONS Defendant objects to the extent that the Document Requests seek disclosure of information protected by the attorney-client privilege, work product doctrine and/or any other applicable privilege or immunity. 2. Defendant objects to the extent that the Document Requests seek disclosure of information prepared in anticipation of litigation or trial preparation material, except as provided for pursuant to Rule 4003.3 of the Pennsylvania Rules of Civil Procedure. Defendant objects to the extent that the Document Requests seek the disclosure of information which is beyond the scope of discovery permitted by Rules 4003.1, 4003.2, 4003.3, 4003.4 and 4003.5 of the Pennsylvania Rules of Civil Procedure. 4. Defendant objects to responding to the Document Requests to the extent that developing any response would be oppressive, unduly burdensome, unreasonably expensive, or would require an unreasonable investigation on the part of Defendant. 5. Defendant objects to the extent that the Document Requests seek disclosure of information which does not pertain specifically or generally to the matter at issue in this litigation on the grounds that such document requests are overly broad and seek information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence and that providing such information would be unduly burdensome and expensive to Defendant. 6. Defendant objects to the extent that the Document Requests seek disclosure of information which is not within Defendant's possession, custody or control. Defendant objects to the extent that the Document Requests seek disclosure of information for time periods which are not relevant or material to any matter at issue in this action. Defendant objects to the extent that the Document Requests seek disclosure of information that is in the public domain or is otherwise equally accessible to Plaintiff. 9. Defendant objects to the extent that the Document Requests seek disclosure of information that has already been provided to Plaintiff or is otherwise in Plaintiff's possession, custody or control. 10. Defendant objects to the extent that the Document Requests seek disclosure of information that is confidential and/or proprietary. 11. Defendant objects to the extent that the Document Requests seek disclosure of information that is not yet developed or available for production. Defendant reserves the right to supplement its answers to the Document Requests when such information becomes available. REQUESTS Request No. 1. Please produce a copy of the original cardholder agreement that was sent to Plaintiff at the time of opening of Plaintiff's account number 4266-8510-3017-8849 that is subject of this lawsuit. ANSWER: Documents responsive to Request No. 1 will be produced. Request No. 2. Please produce a copy of any amendment to the original agreement that was sent to Plaintiff after the original agreement was sent that contained any provision or clause allowing a dispute to be resolved using the National Arbitration Forum. ANSWER: Documents responsive to Request No. 2 will be produced. Request No. 3. Please produce a copy of any evidence that you rely on to show that Plaintiff received and entered into an agreement allowing a dispute to be resolved using the National Arbitration Forum. ANSWER: Documents responsive to Request No. 3 will be produced. Respectfully submitted, Dated:? i, 2006 By P.A. ID No. 52095 Toni L. DiGiacobbe P.A. ID No. 56686 7500 Brooktree Road Wexford, PA 15090 (724) 935-6227 KRASSENSTE ASSOCIATES J . Krassenstein IONAC rRATION VERIFICATION 1, do hereby depose and state that the facts contained in the foregoing DEFENDANT'S RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of IS Pa. C.S. §4904, relating to unsworn falsification to authorities. J?? Hra4A Date:??3C?? CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing DEFENDANT'S RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS was served this ?A4vday of M 2U06, via first class mail, postage prepaid, upon the following: Russell E. Clouser I I Countryside Court Camp Hill, PA 17011 ktL? ,_, ?, -; ._ -? ?? `': <.,? .? r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA RUSSELL E. CLOUSER, Plaintiff, V. CHASE MANHATTAN BANK USA, N.A., Defendant. CIVIL ACTION No. 2006-103 DEFENDANT'S ANSWER TO INTERROGATORIES Filed on Behalf of. DEFENDANT Counsel of Record for this Party: Jonathan T. Krassenstein P.A. ID No. 52095 Toni L. DiGiacobbe P.A.ID No. 56686 KRASSENSTEIN & ASSOCIATES PROFESSIONAL CORPORATION 7500 Brooktree Road Wexford, PA 15090 (724) 935-6227 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL E. CLOUSER, Plaintiff, V. CHASE MANHATTAN BANK USA, N.A., Defendant. CIVIL ACTION No. 2006-103 DEFENDANT'S ANSWER TO INTERROGATORIES The Defendant, Chase Bank USA, N.A., improperly named as Chase Manhattan Bank USA, N.A. ("Chase"), by and through its undersigned counsel, files the following Defendant's Answer to Interrogatories: GENERAL OBJECTIONS Defendant objects to the extent that the Interrogatories seek disclosure of information protected by the attorney-client privilege, work product doctrine and/or any other applicable privilege or immunity. 2. Defendant objects to the extent that the Interrogatories seek disclosure of information prepared in anticipation of litigation or trial preparation material, except as provided for pursuant to Rule 4003.3 of the Pennsylvania Rules of Civil Procedure. 3. Defendant objects to the extent that the Interrogatories seek the disclosure of information which is beyond the scope of discovery permitted by Rules 4003.1, 4003.2, 4003.3, 4003.4 and 4003.5 of the Pennsylvania Rules of Civil Procedure. 4. Defendant objects to responding to the Interrogatories to the extent that developing any response would be oppressive, unduly burdensome, unreasonably expensive, or would require an unreasonable investigation on the part of Defendant. Defendant objects to the extent that the Interrogatories seek disclosure of information which does not pertain specifically or generally to the matter at issue in this litigation on the grounds that such interrogatories are overly broad and seek information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence and that providing such information would be unduly burdensome and expensive to Defendant. 6. Defendant objects to the extent that the Interrogatories seek disclosure of information which is not within Defendant's possession, custody or control. Defendant objects to the extent that the Interrogatories seek disclosure of information for time periods which are not relevant or material to any matter at issue in this action. 8. Defendant objects to the extent that the Interrogatories seek disclosure of information that is in the public domain or is otherwise equally accessible to Plaintiff. 9. Defendant objects to the extent that the Interrogatories seek disclosure of information that has already been provided to Plaintiff or is otherwise in Plaintiff s possession, custody or control. 10. Defendant objects to the extent that the Interrogatories seek disclosure of information that is confidential and/or proprietary. 11. Defendant objects to the extent that the Interrogatories seek disclosure of information that is not yet developed or available for production. Defendant reserves the right to supplement its answers to the Request for Admissions when such information becomes available. INTERROGATORIES Identify each and every person involved in any way in answering these interrogatories by providing their address and telephone number and job description. ANSWER: Joette Herrera Chase Bank USA, N.A. Audit Manager 201 N. Walnut Street Wilmington, Delaware 19801 2. Please provide the approximate or exact date Plaintiff received an account with Defendant bearing the account number 4266-8510-3017-8849. ANSWER: On or about September 17, 2003. 3. Please provide the approximate or exact date that Plaintiff received the original agreement setting forth terms and conditions of said account number 4266-8510-3017-8849. ANSWER: On or about September 17, 2003. 4. Did Defendant ever change or amend said original agreement to include any provision or clause to include arbitration as a dispute resolution? ANSWER: Defendant issued an amendment to the original Cardmember Agreement which included an arbitration provision. The amendment did not alter the arbitration provision as originally provided for in the Cardmember Agreement. 5. If the response to Interrogatory No. 4 is in the affirmative, please provide the approximate or exact date that such change or amendment occurred. ANSWER: On or about November 28, 2003. 6. If the response to Interrogatory No. 4 is in the affirmative, please state if Plaintiff was given or offered an opportunity to opt out of the change or amendment. ANSWER: Yes. 7. If the response to Interrogatory No. 6 is in the affirmative, please provide the approximate or exact date that said opportunity occurred. ANSWER: As stated in the Change in Terms Notice, "The changes summarized above will be effective the first day of your billing cycle that includes February 4, 2004. The new terms will apply to current and future balances on your account. You have the right to reject the new terms stated in this notice. If you wish to reject these terms and close your account, you must notify us in writing by January 26, 2004, that you wish to reject them." 8. For each of your denial to Plaintiff's First Set of Request for Admissions please set forth all facts upon which you base your denial. ANSWER: See response to Request for Admissions. Respectfully submitted, Yom` Dated: -Ma" ? , 2006 KRASSENSTEIN & ASSOCIATES PROFESSIO L CORPORATION By: I _ nathan T. Krassenstein P.A. ID No. 52095 Toni L. DiGiacobbe P.A. ID No. 56686 7500 Brooktree Road Wexford, PA 15090 (724) 935-6227 4 VERIFICATION I, J-C ??r (-?Al(f6?, do hereby depose and state that the facts contained in the foregoing DEFENDANT'S ANSWER TO INTERROGATORIES are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. (Vx t0\ Joet Herrera Date: (h 3 1, d l a CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing DEFENDANT'S ANSWER TO INTERROGATORIES was served this ? day of 3vIare , 2006, via first class mail, postage prepaid, upon the following: Russell E. Clouser I 1 Countryside Court Camp Hill, PA 17011 ?1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL E. CLOUSER, Plaintiff, V. CHASE MANHATTAN BANK USA, N.A., Defendant. CIVIL ACTION No. 2006-103 DEFENDANT'S RESPONSE TO REQUEST FOR ADMISSIONS Filed on Behalf of: DEFENDANT Counsel of Record for this Party: Jonathan T. Krassenstein P.A. ID No. 52095 Toni L. DiGiacobbe P.A. ID No. 56686 KRASSENSTEIN & ASSOCIATES PROFESSIONAL CORPORATION 7500 Brooktree Road Wexford, PA 15090 (724) 935-6227 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL E. CLOUSER, Plaintiff, V. CHASE MANHATTAN BANK USA, N.A., Defendant. CIVIL ACTION No. 2006-103 DEFENDANT'S RESPONSE TO REQUEST FOR ADMISSIONS The Defendant, Chase Bank USA, N.A., improperly named as Chase Manhattan Bank USA, N.A. ("Chase"), by and through its undersigned counsel, files the following Defendant's Response to Request for Admissions: GENERAL OBJECTIONS Defendant objects to the extent that the Request for Admissions seeks disclosure of information protected by the attomey-client privilege, work product doctrine and/or any other applicable privilege or immunity. 2. Defendant objects to the extent that the Request for Admissions seeks disclosure of information prepared in anticipation of litigation or trial preparation material, except as provided for pursuant to Rule 4003.3 of the Pennsylvania Rules of Civil Procedure. Defendant objects to the extent that the Request for Admissions seeks the disclosure of information which is beyond the scope of discovery permitted by Rules 4003. 1, 4003.2, 4003.3, 4003.4 and 4003.5 of the Pennsylvania Rules of Civil Procedure. 4. Defendant objects to responding to the Request for Admissions to the extent that developing any response would be oppressive, unduly burdensome, unreasonably expensive, or would require an unreasonable investigation on the part of Defendant. Defendant objects to the extent that the Request for Admissions seeks disclosure of information which does not pertain specifically or generally to the matter at issue in this litigation on the grounds that such Request for Admissions are overly broad and seek information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence and that providing such information would be unduly burdensome and expensive to Defendant. 6. Defendant objects to the extent that the Request for Admissions seeks disclosure of information which is not within Defendant's possession, custody or control. Defendant objects to the extent that the Request for Admissions seeks disclosure of information for time periods which are not relevant or material to any matter at issue in this action. 8. Defendant objects to the extent that the Request for Admissions seeks disclosure of information that is in the public domain or is otherwise equally accessible to Plaintiff. 9. Defendant objects to the extent that the Request for Admissions seeks disclosure of information that has already been provided to Plaintiff or is otherwise in Plaintiff's possession, custody or control. 10. Defendant objects to the extent that the Request for Admissions seeks disclosure of information that is confidential and/or proprietary. 11. Defendant objects to the extent that the Request for Admissions seeks disclosure of information that is not yet developed or available for production. Defendant reserves the right to supplement its answers to the Request for Admissions when such information becomes available. REQUEST FOR ADMISSIONS Admit that Plaintiff had an account with Defendant bearing the number 4266- 8510-3017-8849. ANSWER: Admitted. It is admitted that Plaintiff had an account with Defendant bearing the number 4266-8510-3017-8849. Admit that Plaintiff was sent an agreement with terms and conditions related (sic) [to account number] 4266-8510-3017-8849. ANSWER: Admitted. It is admitted that Defendant sent Plaintiff an agreement with terms and conditions related to account number 4266-8510-3017-8849. 3. Admit that said agreement sent to Plaintiff did not have any clause or provision that allowed Defendant to amend the agreement in any way whatsoever. ANSWER: Denied. On the contrary, the Cardmember Agreement specifically states that Chase may make changes to the Cardmember Agreement, all as specifically set forth in the Cardmember Agreement. 4. Admit that said agreement sent to Plaintiff did not have any clause or provision that allowed Defendant to resolve any dispute under the agreement using arbitration in any way whatsoever. ANSWER: Denied. On the contrary, the Cardmember Agreement section entitled "ARBITRATION" specifically set forth the clause or provision that allowed Chase to resolve any dispute under the agreement using arbitration. 5. Admit that Defendant filed a claim in the national arbitration illegally without any arbitration agreement whatsoever. ANSWER: Denied. See Response to No. 4. 6. Admit that Plaintiff does not owe Defendant any money whatsoever. ANSWER: Denied. On the contrary, the National Arbitration Forum entered a judgment against Plaintiff and in favor of Chase in the amount of $9,597.81 on December 5, 2005, which amount is still due and owing to Chase. Respectfully submitted, Dated: 1}r?, 2006 KRASSENSTEIN & ASSOCIATES PROFESSIONA RPORATION i By: Jon asse stein P.A. ID No. 52095 Toni L. DiGiacobbe P.A. ID No. 56686 7500 Brooktree Road Wexford, PA 15090 (724) 935-6227 4 VERIFICATION , do hereby depose and state that the facts contained in the foregoing DEFENDANT'S RESPONSE TO REQUEST FOR ADMISSIONS are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Jo e errera Date: ?RAAC , DOO CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing DEFENDANT'S n RESPONSE TO REQUEST FOR ADMISSIONS was served this W day of'l, 2006, via first class mail, postage prepaid, upon the following: Russell E. Clouser I1 Countryside Court Camp Hill, PA 17011 -))V --) PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) RUSSELL E. CLOUSER vs. (Plaintiff) CHASE MANHATTAN BANK USA, N.A. (Defendant) No. 2006-103, Term State matter to be argued (i.e., plaintiff's motion for new trial, defedant's demurrer to complaint, etc.): Defendant's Motion to Compel Arbitration and Confirm Arbitration Award 2. Identify counsel who will argue cases: (a) for plaintiff Russell E. Clouser (Name and Address) 11 Countryside Court Camn Hill PA 17011 (b) for defendant: Toni DiGiacobbe Krassenstein & Associates (Name and Address) 7500 Brooktree Road Wexford, PA 15090 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Date: April 10, 2006 Chase Manhattan Bank USA, N.A. Attorney for Toni DiGiacobbe, PA ID No. 56686 Print your name l ? v{ f 1 '. RUSSELL CLOUSER, Plaintiff VS. CHASE MANHATTAN BANK, USA, N.A., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-103 CIVIL IN RE: DEFENDANT'S MOTION TO COMPEL ARBITRATION AND CONFIRM ARBITRATION AWARD BEFORE HESS, OLER AND EBERT, J.J. ORDER AND NOW, this Z?' day of June, 2006, the court being satisfied that the defendant's petition to confirm arbitration award is not a proper responsive pleading to the plaintiffs complaint and, equally importantly, there are no facts of record which establish that the plaintiff agreed to arbitration, the motion of the defendant for arbitration and to confirm arbitration award is DENIED. BY THE COURT, ussell Clouser, Pro Se Plaintiff ,?Onathan T. Krassenstein, Esquire Toni L. DiGiacobbe, Esquire J For the Defendant Am Kevi . Hess, J. b1 „: -? `';> ?.I1 ?°?e Otis'",??!37, I '.rig, ? ? ?r`,1 ??? ? .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL E. CLOUSER, Plaintiff, V. CHASE MANHATTAN BANK USA, N.A., Defendant. Notice to Plead: CIVIL ACTION No. 2006-103' ANSWER, NEW MATTER AND COUN'T'ERCLAIM Filed on Behalf of: DEFENDANT Counsel of Record for this Party: Jonathan T. Krassenstein P.A. ID No. 52095 You are hereby notified to file a written response to the enclosed Answer, New Matter and Counterclaim within twenty (20) Days from servic ereof or a jai , nt may b en Bred against you. 1\ n TontL. DiGiacobbe " Attorney for Defendant, Chase Manhattan Bank USA, N.A. Toni L. DiGiacobbe P.A. ID No. 56686 KRASSENSTEIN & ASSOCIATES PROFESSIONAL CORPORATION 7500 Brooktrec Road Wexford, PA 115090 (724) 935-6221 it i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL E. CLOUSER, ) CIVIL ACTION Plaintiff, ) No. 2006-103 V. ) CHASE MANHATTAN BANK ) USA, N.A., ) Defendant. ) ANSWER. NEW MATTER AND COUNTERCLAIM Defendant, Chase Manhattan Bank USA, N.A. ("Chase"), by and through its attorneys, Krassenstein & Associates Professional Corporation, files the within Answer, New Matter and Counterclaim as follows: COUNTI Admitted in part and denied in part. It is admitted that Plaintiff is a natural person. With respect to the remaining allegations, Chase is without knowledge or information sufficient to form a belief as to the truth of the allegations. Therefore, such allegations are denied and proof thereof demanded. 2. Denied. 3. The allegation set forth in paragraph 3 of Plaintiff's Complaint is a conclusion of law which requires no answer. 4. Admitted. 5. The allegation set forth in paragraph 5 of Plaintiff's' Complaint is a conclusion of law which requires no answer. 6. The allegation set forth in paragraph 6 of Plaintiff Is Complaint is a conclusion of law which requires no answer. 7. Admitted in part and denied in part. It is admitted I? hat Plaintiff sent a letter to Chase dated February 20, 2004 requesting information and documentation. The remaining allegations set forth in paragraph 7 are denied and proof thereof demanded. 8. It is admitted that Chase received Plaintiffs February 20, 2004 letter on or about February 23, 2004. 9. The allegation set forth in paragraph 9 of Plaintiff's Complaint is a conclusion of law which requires no answer. 10. Admitted. 11. Denied. 12. The allegation set forth in paragraph 12 of Plaintiff's Complaint is a conclusion of law which requires no answer. 13. The allegation set forth in paragraph 13 of Plaintiff's Complaint is a conclusion of law which requires no answer. 14. Denied. 15. The allegation set forth in paragraph 15 of Plaintiff's Complaint is a conclusion of law which requires no answer. 16. The allegation set forth in paragraph 16 of Plaintiffs Complaint is a conclusion of law which requires no answer. 17. The allegation set forth in paragraph 17 of Plaintiff Complaint is a conclusion of law which requires no answer. ii it it 2 18. The allegation set forth in paragraph 18 of Plaintiffs Complaint is a conclusion of law which requires no answer. COUNT II 19. Paragraphs 1 through 18 of Chase's Answer are incorporated by reference as if said paragraphs were fully set forth at length. 20. Chase is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 20. Therefore, such allegations are denied and proof thereof demanded. 21. Chase is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 21. Therefore, such allegations are denied and proof thereof demanded. 22. Denied. 23. Chase is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 23. Therefore, such allegations are denied and proof thereof demanded. By way of further answer, the Change in Terms to Plaintiff's Cardmember Agreement was sent by Chase to Plaintiff on or about November 28, 2003, and a second Change in Terms was sent by Chase to Plaintiff on or about July 28, 2004. 24. Admitted. 25. Admitted. 26. Admitted. 27. Chase is without knowledge or information sufficient to form a belief as to the truth of the allegation that Chase served upon Plaintiff a copy of th? Award on or about ?I 3 December 8, 2005. By way of further answer, Plaintiff may have received a copy of the Award from the National Arbitration Forum or from counsel for Chase. 28. The allegation set forth in paragraph 28 of Plaintiff's Complaint is a conclusion of law which requires no answer. 29. The allegation set forth in paragraph 29 of Plaintiffs Complaint is a conclusion of law which requires no answer. 30. The allegation set forth in paragraph 30 of Plaintiffs Complaint is a conclusion of law which requires no answer. 31. The allegation set forth in paragraph 31 of Plaintiffs Complaint is a conclusion of law which requires no answer. 32. The allegation set forth in paragraph 32 of Plaintiff s Complaint is a conclusion of law which requires no answer. COUNT III 33. Paragraphs 1 through 32 of Chase's Answer are incorporated by reference as if said paragraphs were fully set forth at length. 34. The allegation set forth in paragraph 34 of Plaintiff's Complaint is a conclusion of law which requires no answer. 35. The allegation set forth in paragraph 35 of Plaintiff's Complaint is a conclusion of law which requires no answer. 36. The allegation set forth in paragraph 36 of Plaintiff Complaint is a conclusion of law which requires no answer. 37. The allegation set forth in paragraph 37 of Plaintiff Complaint is a conclusion of law which requires no answer. 4 38. The allegation set forth in paragraph 38 of Plaintiff's Complaint is a conclusion of law which requires no answer. 39. The allegation set forth in paragraph 39 of Plaintiff's Complaint is a conclusion of law which requires no answer. 40. The allegation set forth in paragraph 40 of Plaintiff's Complaint is a conclusion of law which requires no answer. COUNTIV 41. Paragraphs 1 through 40 of Chase's Answer are incorporated by reference as if said paragraphs were fully set forth at length. 42. The allegation set forth in paragraph 42 of Plaintiff's Complaint is a conclusion of law which requires no answer. 43. The allegation set forth in paragraph 43 of Plaintiff's Complaint is a conclusion of law which requires no answer. 44. The allegation set forth in paragraph 44 of Plaintiff's Complaint is a conclusion of law which requires no answer. WHEREFORE, Defendant Chase Manhattan Bank USA, N.A. respectfully requests that judgment be entered in its favor and against Plaintiff with costs of suit. NEW MATTER 45. Paragraphs 1 through 44 of Chase's Answer are incorporated by reference as if said paragraphs were fully set forth at length. 46. Plaintiff's action is barred by the doctrines of and unclean hands. 47 Each count of Plaintiffs Complaint fails to state a upon which relief can be granted. 48. All of Plaintiff's claims and causes of action against Chase are barred by the applicable statute of limitations. 49. Plaintiff did not sustain any damages as a result oflthe acts or omissions of Chase. 50. Plaintiff's action is barred by the doctrine of waiver and estoppel. 51. Section 1640(e) of the Truth in Lending Act provides that an action must be brought within one (1) year from the date of the occurrence of the!violation. 15 U.S.C. Section 1640(e). 52. The alleged violations about which Plaintiff complained occurred more than one (1) year prior to the date Plaintiff filed the Complaint, therefore, Plaintiff s claim is barred by the one year statute of limitation set forth in section 1640(e) of the Truth in Lending Act. 53. The credit card issued by Chase to Plaintiff was issued along with a document entitled Cardmember Agreement. 54. The Cardmember Agreement contains an arbitration provision that allows either party to elect arbitration of any dispute relating to Plaintiff s account. 55. Chase filed a claim against Plaintiff in the National (Arbitration Forum on or about August 3, 2005 due to Plaintiff s failure to pay his credit card account. 56. On or about August 8, 2005, Plaintiff filed a Notice) of Objection to Arbitration asserting that (1) he never consented or agreed to any contract that would subject him to the jurisdiction of the National Arbitration Forum; (2) the National Arbitration Forum would be acting illegally and without jurisdiction by proceeding; and (3) by #equiring him to participate in the proceeding before the National Arbitration Forum was a violati n of his rights. 57. On December 5, 2005, the National Arbitration For n entered an Award in favor of Chase and against Plaintiff in the amount of $9,597.81. it 58. Despite demand, Plaintiff has not paid his credit card balance to Chase. WHEREFORE, Defendant Chase Manhattan Bank USA, N.A. respectfully requests that judgment be entered in its favor and against Plaintiff with costs of suit COUNTERCLAIM 59. Paragraphs 1 through 58 of Chase's Answer and N?w Matter are incorporated by reference as if said paragraphs were fully set forth at length. 60. Chase filed a claim against Plaintiff in the National Arbitration Forum on August 3, 2005 due to Plaintiff's failure to pay his credit card account. 61. On or about August 8, 2005, Plaintiff filed a Notice of Objection to Arbitration. 62. On or about December 5, 2005, the National Arbitration Forum entered an Award in favor of Chase and against Plaintiff in the amount of $9,597.81. 63. Plaintiff has failed and refused to pay the amount of the Award in the amount of $9,597.81. WHEREFORE, Defendant Chase Manhattan Bank USA, N.A. respectfully requests that judgment be entered in its favor in the amount of $9,597.81 again?t Plaintiff with costs of suit. Respectfully TION Dated: July ?k , 2006 By: Jonathan T. assensl P.A. ID No. 5 095 Toni L. DiGia obbe P.A. D No. 6686 7500 Brooktr a Road Wexford, PA 15090 (724) 935-622 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing DEFENDANT'S ANSWER, NEW MATTER AND COUNTERCLAIM was served this ?,Sr day of July, 2006, via first class mail, postage prepaid, upon the following: Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 c? ?, •-{ --? _. i.,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL E. CLOUSER, Plaintiff, V. CHASE MANHATTAN BANK USA, N.A., Defendant. CIVIL ACTION No. 2006-103 Counsel of Record for this Party: VERIFICATION PAGE FOR ANSWER, NEW MATTER AND COUNTERCLAIM Jonathan T. Krassenstein P.A. ID No. 52095 Filed on Behalf of DEFENDANT Toni L. DiGiacobbe P.A. ID No. 56686 KRASSENSTEIN & ASSOCIATES PROFESSIONAL CORPORATION 7500 Brooktree Road Wexford, PA 15090 (724) 935-6227 VERIFICATION I, 14 k hf(f? ? , do hereby depose and state that the facts contained in the foregoing ANSWER, NEW MATTER AND COUNTERCLAIM are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: a?' aC? CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing VERIFICATION PAGE FOR ANSWER, NEW MATTER AND COUNTERCLAIM was served this 4u day of August, 2006, via first class mail, postage prepaid, upon the following: Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 v S? A r?g ? . tt 0G 1 y ANSWER TO COUNTERCLAIM COMES NOW, Russell E. Clouser, Plaintiff and hereby answers the Defendant's Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011 Plaintiff, in propria persona. RUSSELL E. CLOUSER, : IN THE COURT OF COMMON PLEAS Plaintiff, VS. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 2006-103 CHASE MANHATTAN BANK USA,N.A., : CIVIL - LAW Defendant. Counterclaim as follows: 59. As to paragraph 59, it does not constitute an allegation and therefore does not require an answer. To the extent that it does constitute any allegations the allegations are denied. 60. As to paragraph 60, it is admitted that Chase filed a claim against Plaintiff in the National arbitration forum with full knowledge that Plaintiff never agreed to participate in arbitration, thus denying the arbitrator any jurisdiction to make any rulings whatsoever. 61. As to paragraph 61, it is hereby admitted. 62. As to paragraph 62, it is hereby denied. The arbitrator had no authority whatsoever to enter any such award. Plaintiff objected to the jurisdiction of the arbitrator and was ignored by both the National Arbitration forum and the Defendant. Thus the alleged award is void on its face. Answer to Counterclaim Page 1 of 2 Y, . . ? 63. As to paragraph 63, it is hereby denied. Plaintiff does not owe Defendant any money and the arbitration award is void on its face. PRAYER Wherefore Plaintiff Prays that the Counterclaim be dismissed or a judgment entered in favor of Plaintiff with cost to Plaintiff for having to take this action and for any other cost that the court may deem reasonable and just. VERIFICATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated: August 10, 2006. Respectfully submitted and signed by, Russell E. Clouser. Answer to Counterclaim Page 2 of 2 Q}Q}Q}Q 0 U.3a ? Q w? i'cn F-- 4 CJ] 4 ° O v Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 717-737-3334 Plaintiff, in propria persona. RUSSELL E. CLOUSER, Plaintiff, Vs. CHASE MANHATTAN BANK USA, N.A., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 2006-103 CIVIL - LAW Defendant. CERTIFICATE OF SERVICE I certify that a copy of the Answers to Counterclaim was sent on the 14m day of August 2006, by mailing a copy of the same via Certified mail number 7006-0100-0003-4883- 5267 to the following person: Krassenstein & Associates Professional Corporation Toni L. Digiacobbe 7500 Brooktree Road Wexford, PA 15090 By: Lisa M. Clouser I 1 Countryside Court Camp Hill, PA 17011 Certificate of Service - Page 1 of 1 C o ?? q m ?Tr?, s' a. T c ?C" ? 1G'l_; ?. <..i ?p ? ''? (j i ? ? -- O y Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 717-737-3334 Plaintiff, in propria persona. RUSSELL E. CLOUSER, : IN THE COURT OF COMMON PLEAS Plaintiff, VS. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 2006-103 CHASE MANHATTAN B?INK USA, N.A., : CIVIL - LAW Defendant. CERTIFICATE OF SERVICE I certify that a copy of the Plaintiff's Response to Defendant's Request for Admissions was sent on the 6 h day of December 2006, by mailing a copy of the same via first class, postage prepaid to the following person: Krassenstein & Associates Professional Corporation Toni L. Digiacobbe 7500 Brooktree Road Wexford, PA 15090 By: Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011 Certificate of Service - Page 1 of 1 Russell E Clouser II Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendant, in propria per:rona. RUSSELL E. CLOUSER, Plaintiff, VS. CHASE MANHATTAN BANK USA, N.A. Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 2006-103 : CIVIL -LAW PLAINTIFF'S RESPONSE TO DEFENDANT'S REQUESTS FOR ADMISSIONS Propounding Party: Chase Manhattan Bank USA, N.A. Responding Patty: Russell E. Clouser COMES NOW, Russell E. Clouser, Plaintiff, and hereby responds to Chase Manhattan Bank USA, N.A, Defendant's Request for Admissions Directed to Plaintiff as follows: Request No. 1 Plaintiff's home address is 11 Countryside Court, Camp Hill, PA 17011. Response: Admitted. Page 1 of 6 Request No. 2 Plaintiff opened a revolving credit card account with Chase with the Account No. 4266-8510-3017-8849. Response: Denied Plaintiff opened no credit card accounts with Defendant. Plaintiff (lid have a credit card account, whose account number was 4266- 8510-3017-8849, but it was opened with Bank One. Request No. 3 Plaintiff received a copy of the Cardmember Agreement simultaneously upon receipt of the credit card, a copy of which is attached hereto as Exhibit A. Response: Admitted only that Exhibit A is the alleged Cardmember Agreement and that this. Exhibit A was attached to the Defendant's discovery request. As to the remainder of the request as to whether Plaintiff received a copy of the document attached as Exhibit A Eaong with the credit card and whether the document attached as Exhibit A constitutes the alleged Cardmember Agreement, Plaintiff denies the allegations because Plaintiff denies having ever received a Cardmember Agreement from Defendant. Request No. 4 Plaintiff agreed to abide by the terms and conditions of the Cardmember Agreement. Response: Denied because, prior to this lawsuit being filed, Plaintiff never received a Cardmember Agreement from Defendant; therefore, Plaintiff never agreed to any terms and conditions contained within an agreement of which Plaintiff was unaware. Page 2 of 6 Request No. 5 The Cardmember Agreement requires Plaintiff to pay the balance due on the credit card account. Response: Denied because, prior to this lawsuit being filed, Plaintiff never received a Cardmember Agreement from Defendant. Request No. 6 Plaintiff agreed to pay the balance due on the credit card on a timely basis. Response: Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the allegation after having made a reasonable inquiry and so it is denied on that basis. Request No. 7 Plaintiff utilized the credit card issued by Chase to make the purchases as reflected on the credit card statements attached hereto as Exhibit B. Response: Denied. Plaintiff did not utilize a credit card issued by Chase to make the purchases as reflected on the credit card statements attached hereto as Exhibit B. Request No. 8 The account balance on Plaintiff's credit card account as of September 14, 2004 was. $7735.68, as reflected on the credit card statement attached hereto as Exhibit C. Response: Denied. The balance was not $7735.68 as September 14, 2004. Exhibit C does not accurately reflect the account balance as of September 14, 2004. Page 3 of 6 Request No. 9 Plaintiff has not made any payments to Chase on the credit card account. Response: Admitted. Request No. 10 The account balance due and owing by the Plaintiff to Chase as of December 5, 2005 is $9,597.81. Response: Denied. Plaintiff never had an account with Chase. Therefore, there is not a balance due and owing by the Plaintiff to Chase. Request No. 11 The Cardholder Agreement contains an arbitration provision that allows either party to elect arbitration of any dispute relating to the Plaintiffs account.. Response: Denied because, prior to this lawsuit being filed, Plaintiff never received a Cardmember Agreement from Defendant; therefore, Plaintiff never agreed to arbitration pursuant to any alleged Cardholder Agreement Request No. 12 Plaintiff agreed to submit any dispute relating to his account to arbitration before the National Arbitration Forum. Response: :Denied. Plaintiff never agreed to submit any dispute to arbitration before the National Arbitration Forum. Page 4 of 6 Request No. 13 Chase filed a claim against Plaintiff in the National Arbitration Forum on August 3, 2005 due to PlaintiWs failure to pay his credit card account. Response: Admitted in part and Denied in part. Plaintiff admits Chase filed a claim against Plaintiff in the National Arbitration Forum on 08/03/05 but with full knowledge that Plaintiff never agreed to participate in arbitration. As to the remainder of the allegations as to whether Plaintiff failed to pay his credit card account, Plaintiff denies this allegation because Plaintiff did not fail to pay his credit card account. Request No. 14 On or about August 8, 2005, Plaintiff filed a Notice of Objection to the National Arbitration Forum. Response: Admitted Request No. 15 On about December 5, 2005, National Arbitration Forum entered an award in favor of Chase and against Plaintiff in the amount of $9,597.81. Response: Admitted only that on or about December 5, 2005, the National Arbitration Forum entered an award in favor of Chase and against Plaintiff in the amount of $9,597.81. However, Plaintiff believes the award is void because the award was obtained without authority since there was never an agreement between the parties to arbitrate, and Plaintiff never agreed to arbitration. As to the remainder of any other allegations that the award is valid or pursuant to an agreement to arbitrate, Plaintiff denies any and all such allegations for the reasons stated within this response. Page 5 of 6 I . . Request No. 16 Plaintiff owes Chase $9,597.81. Response: Denied because Plaintiff does not owe Defendant $9,597.81. VERIFICATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated this 6 h day of December 2006. Respectfully submitted and. signed by Russell E. Clouser Page 6 of 6 r? c? rn -r? C rrn J` -G Curtis R. Long Prothonotary Office of Me ProtOonotarp Cumberfarlb CZountp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ( t o -/,03 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -- THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573