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Home My WebLink About06-4645IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA A RICA BANK, N.A. No. Q(o - 1,lL?lS L.{Ut??-? 655 PAPE MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff VS JOSEPH C SURRUSCO 1901 LOUISA LANE MECHANICSBURG PA 17050 Defendant(s) CIVIL ACTION - LAW Filed on behalf of: Plaintiff, MBNA AMERICA BANK, N.A. Counsel of record for this party: Date: - Amy F. Doyle #87062 / Daniel F 7 Philip C. Warholic #86341 / drew C. Spears #$?T3 David R. Galloway #87326 / Tonilyn M. Chippie Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 146169167 IN THE COURT OF COMMON PLEAS OF t MBERLANb COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff VS JOSEPH C SURRUSCO Defendant(s) :No. :CIVIL ACTION - LAW You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an 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 or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013- 717-249-3166 CCP Notice to Defend W &A File No. 146169167 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff :No. VS JOSEPH C SURRUSCO Defendant(s) :CIVIL ACTION - LAW NOTICIA USTED HA SIDO DEMANDADOlA EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias despuds que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que sifalla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013- 717-249-3166 CCP Notice to Defend W&A File No. 146169167 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, : No. COI. - 4l Gq S Plaintiff ff VS. JOSEPH C SURRUSCO Defendant(s) CIVIL ACTION - LAW COMPLAINT AND NOW, this 25 day of July, 2006, comes the Plaintiff, MBNA America Bank, N.A., by and through its attorneys, the law firm of Wolpoff & Abramson, L.L.P., and files the within Complaint and in support avers as follows: Plaintiff, MBNA AMERICA BANK, N.A.' Js a National Banking Association organized under the National Banking Act with principal place of business situated at 655 PAPER MILL ROAD MAIL STOP 1411, WILMINGTON, DE 198841411. 2. Defendant, JOSEPH C SURRUSCO, is an adult individual with a last known address of 1901 LOUISA LANE, MECHANICSBURG, CUMBERLAND COUNTY, PA 17050. It is averred that Defendant was issued an open-end credit card account by Plaintiff. This account was created through a written contract between Plaintiff and Defendant, accepted by Defendant when he signed and utilized the credit card account. A true and correct copy of the Credit Card Agreement governing this account is attached hereto as Exhibit "A." 4. The Credit Card Agreement contains a binding Arbitration provision providing that any claim or dispute between Defendant and Plaintiff would be subject to binding arbitration before the National Arbitration Forum (NAF). This Credit Card Agreement also recites that since the agreement involved an instrumentality of interstate commerce, that the Federal Arbitration Act, 9 U.S.C. §§1-16 CCP Cmplt - MBNA W & A File No. 146169167 (FAA) governed the Agreement and that following disposition through the NAF, judgment may be entered in any state court having jurisdiction. 5. At all relevant times material hereto, Defendant has been regular user of said charge card for the purchase of products, goods and/or for obtaining services and/or funds. 6. By virtue of Defendant's use and maintenance of this credit card in connection with his purchases of goods, and services, he became bound to all of its contractual terms, which clearly included an arbitration agreement. Therefore, there is a valid agreement to arbitrate and Defendant consented to the NAF having jurisdiction over this claim. Defendant received monthly statements which accurately state all purchases and payments made during the month, interest charges imposed on the unpaid balance, and the amount due. A summary of the account showing the balance due and owing is incorporated herein and marked as Exhibit "B". 8. Defendant did not object to the above-mentioned Statements of Account submitted by Plaintiff to Defendant. 9. Defendant has made sporadic and irregular payments, if any, which have been applied to the outstanding balance of this account. The last payment made on this account was on September 23, 2005. 10. As of the date of the within Complaint, the remaining balance due, owing and unpaid on Defendant's credit account, as a result of charges made by said Defendant and/or any authorized users is the sum of $14,493.55. 11. Pursuant to the Credit Agreement and/or applicable Pennsylvania law, any unpaid and/or delinquent balances on said account shall continue to bear interest at the rate of 6 %. CCP Cmplt - MBNA W & A File No. 146169167 12. The amount of interest which has accrued on the aforementioned account is the sum of $724.26. 13. Plaintiff has retained the services of the law firm of Wolpoff & Abramson, L.L.P. in the collection of the amount due from Defendant. 14. As of the filing of this Complaint, Plaintiff has incurred reasonable attorney's fees from the law office of Wolpoff & Abramson, L.L.P. ?n the collection of the collection of the amounts due from Defendant incident to the within action, the Plaintiff shall continue to incur such attorney's fees throughout the conclusion of the proceedings. 15. The amount of attorney's fees incurred in this matter is the sum of $2,173.67. 16. Despite reasonable and repeated demands for payment, Defendant has failed, refused and continues to refuse to pay all sums due and owing on the Aforementioned account balance, all to the damage and detriment of the Plaintiff. 17. Any and all conditions precedent to the bringing of this action have been performed by Plaintiff. 18. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. CCP Cmplt - MBNA W & A File No. 146169167 )WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendants, in the amount of $14,493.55, plus interest in the amount of $724.26, plus attorney's fees in the amount of $2,173.67, plus costs of this action and any other relief as this Court deems proper and just. Respectfully submitted, Date: Amy F. Doyle #87062 /Daniel F. Wolfson #20617 Philip C. Warholic #86341 / Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff CCP Cmplt - MBNA W & A File No. 146169167 VERIFICATION The undersigned hereby states that he/she is the attorney for the Plaintiff who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, he/she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. I The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: r/ rl.J Amy F. Doyle #87062 / Daniel F. Wolfson #20617 Philip C.Warholic #863411 Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff CCP Cmplt - MBNA W & A File No. 146169167 Exhibit "A" y a g fe bit Jill a -s ;s fill, I' Ivul . 1 1 , R!, - I !!I I if 3.211 afa E 1 jz w e +? V yf f i - slit r $sz _L . ?cl w - IN V. SIR aft All fiX w bit sZ I if a a?gg''a a -?gss e- a a "? a 3 $]Jill a? $ e esga ?_ 2s a _t?a 'A I as ga Qs?_ aa flit 29 _ M h'1?Y.1, Yf J .. dl . C.fi , 1 1 ' -1q ,1 Y? V r _ ?. u _ •'b:.w... ..v. tt.._. tea. ..yiam? •-i . t . Its all 1 gas HIS d 3 A l HAP Is M?z . Iii v s s?' , ? ?a '? a ? s ~ dg 's !?.pp $ 8 s a s - s s a` !! lis 6 s $ , f al ly 1 -1 : ? 3t s ? 9- Ul 6 11 E a ?? gs 7 0 Vaal V .91 Xr I'iall! 1-1 S la r 1.1 ? ???? -1 s WIN I??1 ?? I at I RAW im .1 r 1 2 2 a In 111 ,11P 1.111 Sal -J-g 81,1,311 I'd +ri 44i off -3 o +:v 1s 1.1 S1 F < U fez ,Tc -- -42 1 is ?JF "6 ys a 121 as 014 S 5 ? I.03 ELGL it; 11211- 13 ? $1 ?? 1 ? its 11111-11H 111 _B as L its 6 g':1i1.,11.1il alit 1,11, IS1 110 Is's 91 Is Y? i 9` p?? C E ? 8 :t m z F cc v ! - l.; all 5_ , 7 111j i ??a g?? sue' ?? HIM I ?1t a _ ! Ile a lia j g s- H ..I=& ag a 3 r;zi1 M1 ?a 3 $? b Son LA 1*6 s ? ?aE I 31i a . a' a ? a d flsd? N -41 119-411,11 z@tgg-a.1 b s a? a$ II ?y Sol Sh i £ 16 v _a H1 N 11 [list ? r u his <r 59?Tiz a ; !$5 ? a I €-$ to Z I IM: is 1 ills fit E a ?a:a2G??+ a Ifi Rcx ? if s ?s Its lilt A{ Hot a? rya c x rs?o=?e&o° ?z ?1?a y?y?n{1i yQ ??yp x?x=a x?°aX ?? 1R6SIP€^c$S rs r$$$a2?OCS ?.FF ?E ? * tj '? .7°,185 fist . a f ?gl ill! .1 g F 1 14114 1 i= $ I a ? ;? Sj v !sAa u ,.4 -a?-Ia ?at?> $t?K Exhibit "B" CLIENT NO 001730 MBNA ACCT#5490350321458304 BALANCE -- 14,725.78 ****** PRIMARY DEBTOR ***** C/O DATE 01/01/69 LSTPY DT 08/25/05 *M-ACCT-NO *M-REC-TYPE*M-GUST-TYPE*M-LAST-NAME 5490350321458304 A I SURRUSCO *M-FIRST-NAME *M-ADDR-1 *M-ADDR-2 JOSEPH C PO BOX 308 *M-CITY *M-COUNTY *M-STATE*M-ZIP *M-HOME-PH MECHANICSBURG PA 170550308 3148076513 *M-WORK-PH *M-DOB *M-POE-NAME 2085263098 05/03/54 *M-POE-ADDR *M-LOAN-TYPE*M-LENDING-OFFICER LM01 OM0001 * M-BANK-CODE*M-BRANCH-CODE*M-CALL-CODE*M-RECOVERER-CODE*M-DEALER-CODE LMMM *M-CO-RSN*M-ACCT-STATUS*M-INT-RATE*M-RECEIPT-DATE*M-CONTACT-DATE*M-CO-DATE PAA 0000 07/26/05 08/20/01 01/01/69 *M-LAST-PYMT-DATE*M-CO-AMT *M-ASSOC-COST*M-ACCRUED-INT*M-CUR-BAL 08/25/05 15, 025.78 .00 .00 14, 725.78 *M-NET-PRIN *M-NET-COST *M-NET-INT *M-COMMENT-1 14,725.78 .00 .00 Al BAAA11 AAAA1 *M-COMMENT-2 001 20050824 0000147 *M-COMMENT-3 *M-COMMENT-DATE 08/24/05 *M-2ND-NAME *M-MONTHLY-INCOME*M-OTHER-INCOME 81.66 .00 *M-MONTHLY-PYMT*M-OTH ER-PYMT*M-OWN-RENT-CODE*M-RECOVERY-SCORE*M-NEXT-PAY-DATE .00 .00 R 0647 *M-LAST-I NT-DATE*M-LAST-CONTACT-DATE*M-COMM-RATE*M-HOME-PH-FLAG*M-WORK-PH-FLAG 0000 *M-ADDR-FLAG*M-SSN *M-MIO*M-AG 7C) 49. a -c N C7 O M m -< JOSEPH C. SURRUSCO c/o 1901 LOUISA LANE MECHANICSBURG, PA 17050 Defendant, in propria persona. MBNA AMERICA BANK, N.A. Plaintiff, VS. JOSEPH C. SURRUSCO Defendant(s). : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Case No.: 06-4645 CIVIL - LAW ANSWER TO COMPLAINT: DEMAND FOR JURY TRIAL COMES NOW, JOSEPH C. SURRUSCO, Defendant and hereby answers the Plaintiff's Complaint as follows: 1. As to paragraph 1, after reasonable investigation the Defendant is without information or knowledge sufficient to form a belief as to the truth of the allegations contained therein and, on that basis, denies the allegations. 2. As to paragraph 2, it is hereby admitted. 3. As to paragraph 3, it is hereby admitted in part. It is admitted that Defendant was issued a credit card account by Plaintiff. The remaining allegations are denied, as after a reasonable investigation, Defendant is without information or knowledge sufficient to know what is meant by an "open-end credit card account", or whether the written contract between Plaintiff and Defendant created the credit card account. Further, Plaintiffs exhibit "A" is not the agreement governing the account in dispute. Answer to Complaint - Demand for Trial by Jury Page 1 of 6 • 4. As to paragraph 4, it is hereby denied because Defendant never received or agreed to any binding arbitration provision. Further, Defendant never received or agreed to any provision permitting the Federal Arbitration Act to govern the agreement. Furthermore, Defendant never received or agreed to any provision that would permit Plaintiff to seek judgment on any disposition through the NAF. 5. As to paragraph 5, it is hereby admitted. 6. As to paragraph 6, it is hereby denied because no contractual terms ever existed between the parties that included an arbitration agreement, and Defendant never consented to the NAF having jurisdiction over this claim. 7. As to paragraph 7, it is hereby denied because the monthly statements received by Defendant were not accurate. Further, after reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to what Plainfff s Exhibit "B" represents. 8. As to paragraph 8, it is hereby denied because Defendant did send Plaintiff a billing error dispute letter. 9. As to paragraph 9, it is hereby denied because after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the meaning of "sporadic and irregular payments" or when the last payment was made on the account in dispute and therefore cannot reasonably respond to the same. 10. As to paragraph 10, it is hereby denied because there is no balance due and owing by Defendant to Plaintiff. Answer to Complaint - Demand for Trial by Jury Page 2 of 6 11. As to paragraph 11, it is hereby denied because the allegation constitutes a legal conclusion. Further, the parties never had any agreement permitting interest to accrue at the rate of 6%. 12. As to paragraph 12, it is hereby denied because there is no outstanding balance on the account to accrue interest. Further, no agreement exists that would permit Plaintiff to accrue interest on the account. 13. As to paragraph 13, it is hereby denied because after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the validity of the allegation. 14. As to paragraph 14, it is hereby denied because after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the validity of the allegation. 15. As to paragraph 15, it is hereby denied because after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the validity of the allegation. 16. As to paragraph 16, it is hereby denied because there is no balance owed by Defendant to Plaintiff. Furthermore, Plaintiff has not suffered any damage or detriment. Answer to Complaint - Demand for Trial by Jury Page 3 of 6 G 17. As to paragraph 17, it is hereby denied because Plaintiff has failed to comply with its obligations under the Fair Credit Billing Act by refusing to investigate the billing error dispute raised by Defendant. 18. As to paragraph 18, it is hereby denied because the allegation constitutes a legal conclusion. NEW MATTER 19. First New Matter: Defendant has no knowledge of any of the specific items on the account sued on, or if any of such items were authorized by Defendant and duly charged to the account. 20. Second New Matter: Defendant believes that there is no money due and owing to Plaintiff on the disputed account, as Defendant believes the account has been paid in full. 21. Third New Matter: Plaintiff has failed to perform its condition precedent under Federal Law, specifically the Fair Credit Billing Act, by failing to resolve certain matters in dispute with Defendant prior to brining this action. 22. Fourth New Matter: Plaintiff breached the original contract by pursuing collection efforts notwithstanding the Fair Credit Billing Act billing error dispute(s) which still remain unresolved. 23. Fifth New Matter: The National Arbitration Forum does not have subject matter jurisdiction to arbitrate any dispute between Plaintiff and Defendant, as no valid agreement to arbitrate exists between the parties and Defendant never submitted to the National Arbitration Forum. Answer to Complaint - Demand for Trial by Jury Page 4 of 6 24. Sixth New Matter: No binding arbitration forum has subject matter jurisdiction to determine arbitrability or issue an arbitration award against Defendant, as no valid agreement to arbitrate exists between the parties and Defendant has never submitted the issue of arbitrability to the arbitrator. 25. Seventh New Matter: Plaintiff is barred by the doctrine of laches. Plaintiff has failed to timely assert any right or claim it may possess, which will serve to prejudice Defendant. Plaintiff s neglect to do what should or could have been done to timely assert its claim places Defendant at a disadvantage. 26. Eighth New Matter: Assumption of Risk. Plaintiff's pursuit of arbitration without a judicial order compelling arbitration will cause Plaintiff to assume the risks associated with the unauthorized pursuit of an arbitration award Defendant is not liable for any of Plaintiff's costs or damages associated with any arbitration procedure(s). 27. Ninth New Matter: Contributory Negligence. Defendant is not liable for any damages sought by Plaintiff which are associated with the pursuit of an arbitration award without an agreement permitting it to do so. 28. Tenth New Matter: Undue Influence. Plaintiffs superior bargaining power places Defendant at an uneven foothold to negotiate contract terms and conditions, potentially placing Defendant into a position of having to choose between unfavorable contract terms and financial burdens. 29. Eleventh New Matter: Unconscionability. The arbitration clause or provision asserted by Plaintiff deprives Defendant of its constitutionally protected right to access the courts and is therefore contrary to public policy. Answer to Complaint - Demand for Trial by Jury Page 5 of 6 30. Twelfth New Matter: Procedural Error. Plaintiffs filing of a complaint to seek relief on arbitration award is procedurally flawed. Any action to seek confirmation of arbitration award should be made by petition pursuant to 42 Pa.C.S. § 7304. DEMAND FOR JURY TRIAL 31. That the Defendant hereby demands a trial by a jury in this instant case. PRAYER Defendant Prays that the complaint be dismissed or a judgment entered in favor of Defendant with cost to Defendant for having to defend this frivolous lawsuit 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: S?'rr?at-n )3.2006 Answer to Complaint - Demand for Trial by Jury Page 6 of 6 Respectfully submitted and signed JOSEPH C. SURRUSCO 1901 LOUISA LANE MECHANICSBURG, PA 17050 Defendant, in propria persona. MBNA AMERICA BANK, N.A. Plaintiff, VS. JOSEPH C. SURRUSCO Defendant(s). : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Case No.: 06-4645 CIVIL - LAW CERTIFICATE OF SERVICE I certify that a copy of the foregoing Answer to Complaint, Interrogatories, Request for Production, Request for Admissions, and Certificate of Service was sent on the day of S ?, -V1 m h e 9- , 2006, by mailing a copy of the same via Certified mail number 7004-2890- 0002-7234-1324 to the following person(s): WOLPOFF & ABRAMSON, L.L.P. 4660 TRINDLE ROAD, 3RD FLOOR CAMP HILL, PA 17011 By Karen Lynne Kastor 159 Clearfield Road New Providence, PA 17560 Certificate of Service - Page 1 of 1 -? ?. _? - _ =r . , _; -,- ?; p%j IN THE COURT OF COMMON PLEAS OF a NAL CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., No. 06-4645 CIVIL TERM Plaintiff VS. JOSEPH C. SURRUSCO, CIVIL ACTION - LAW Defendant PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, TO WIT, this 4 _1&y of June, 2006, comes the Plaintiff, MBNA America Bank, N.A., by and through its attorneys, the law firm of Wolpoff & Abramson, L.L.P., and files the following Reply to New Matter as a statement herein: 19. Conclusion of law, no response required. If a response is required, any and all allegations or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 20. Conclusion of law, no response required. If a response is required, any and all allegations or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 21. Conclusion of law, no response required. If a response is required, LAW OFFICES LPOFF & ABRAMSON, L.L.P. ORNEYS IN THE PRACTICE OF DEBT COLLECTION 4660 TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 717.303-6700 the Fair Credit Billing Act speaks for itself. By way of further response, any and all allegations or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 22. Conclusion of law, no response required. If a response is required, the Fair Credit Billing Act speaks for itself. By way of further response, any and all allegations or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 23. Conclusion of law, no response required. If a response is required, any and all allegations or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 24. Conclusion of law, no response required. If a response is required, any and all allegations or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 25. Conclusion of law, no response required. If a response is required, any and all allegations or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 26. Conclusion of law, no response required. If a response is required, any and all allegations or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 27. Conclusion of law, no response required. If a response is required, any and all allegations or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 28. Conclusion of law, no response required. If a response is required, any and all allegations or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 29. Conclusion of law, no response required. If a response is required, LAW OFFICES WOLPOFF & ABRAMSON, L.L.P. ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION 4660 TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 717.303-6700 any and all allegations or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 30. Conclusion of law, no response required. If a response is required, any and all allegations or insinuations of wrongdoing on the part of Plaintiff are hereby denied. WHEREFORE, Plaintiff, MBNA America Bank, N.A., respectfully requests that this Honorable Court dismiss Defendant's New Matter and enter Judgment in favor of Plaintiff, and enter such other orders as are equitable and just. Respectfully submitted, C?JQ x , Andrew C. Spears, Esquire ID No. 87737 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 (717) 303-6752 Counsel for Plaintiff LAW OFFICES NOLPOFF & ABRAMSON, L.L.P. ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION 4660 TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 717-303-6700 VERIFICATION The undersigned hereby states that he/she is the attorney for the Plaintiff, MBNA America Bank, N.A., who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, he/she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Reply to New Matter are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Andrew C. Spears, squire ID No. 87737 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 (717) 303-6752 Counsel for Plaintiff LAW OFFICES WOLPOFF & ABRAMSON, I-L.P. ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION 4660 TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 717-303-6700 e , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., No. 06-4645 CIVIL TERM Plaintiff VS. JOSEPH C. SURRUSCO, CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Reply to New Matter upon the pro se Defendant, by First Class Mail, Postage Pre-Paid, a copy thereof on th4day of September, 2006, to: Joseph C. Surrusco 1901 Louisa Lane. Mechanicsburg, PA 17050 r'?' -, Andrew C. Spears, Esquire ID No. 87737 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 (717) 303-6752 Counsel for Plaintiff LAW OFFICES WOLPOFF & ABRAMSON, L.L.P. ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION 4660 TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 717-303-6700 ^C1 ?? v ?, . --t? r- -; '?; _, .. ? `? , SHERIFF'S RETURN - REGULAR CASE NO: 2006-04645 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MBNA AMERICA BANK N A VS SURRUSCO JOSEPH C DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SURRUSCO JOSEPH C the DEFENDANT , at 1907:00 HOURS, on the 24th day of August 2006 at 1901 LOUISA LANE MECHANICSBURG, PA 17050 by handing to JOSEPH C SURRUSCO a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.44 Postage .39 So Answers: Surcharge 10.00 R. Thomas Kline .00 39.83.,- 08/25/2006 gllu J0 )2? WOLPOFF & A13RAMSON Sworn and Subscibed to By: z before me this day De ty S eriff of A.D. ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4645 CIVIL TERM MBNA, AMERICA BANK, N.A. V. JOSEPH C SURRUSCO PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David R. Galloway, Esq. , counsel for the PLANTIFF/defendant in the above action (or actions), represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $_$17,391.48 The counterclaim of the defendant in the action is $ The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ctfully submitted, David R. Gall way, Esq. ORDER OF COURT AND NOW, , 200 , in consideration of the foregoing petition, Esq., Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, EDGAR B BAYLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff VS JOSEPH C SURRUSCO Defendant(s) CERTIFICATE OF SERVICE No. 06-4645 CIVIL ACTION - LAW The undersigned does hereby certify that a true and correct copy of the Petition for Appointment of Arbitrators was served upon the individual(s) listed below by Regular Mail, Postage Pre-Paid on this 10 day of December, 2007. JOSEPH C SURRUSCO 1901 LOUISA LANE MECHANICSBURG, PA 17050 Amy F. Doyle #8706 / Danie Philip C. Warholic #8 / David R. ,nllnway_# Tonilyn M. Chippie #87 ar E. Ehasz #86469 Robert N. Polas, Jr. #201259 / Ronald S. Canter #94000 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 146169167 tl-I v w r+ q MBNA, AMERICA BANK, N.A. V. JOSEPH C SURRUSCO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4645 CIVIL TERM PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David R. Galloway, Esq. , counsel for the PLANTIFF/defendant in the above action (or actions), represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $_$17,391.48 The counterclaim of the defendant in the action is .Rasaectfully submitted, David R. Gall way, Esq. ?QRDER OF COURT AND NOW, k-ett'X? "1 , 200 T in consideration of foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. the Court, EDGAR B BAYLEY The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. z t y LAI Q- N MR-NA AMFRT A 'RANK, N A_ Plaintiff In The Court of Common Pleas of Cumberland County, Pennsylvania No. 0 6- 4 6 4 5 JOSEPH C. SURRUSCO Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. NI Lure Signature ature -/James D. Flower, Jr. VDavid p. Perkins Name (Chairman) Name Saidis Law Firm Flower & Lindsay Law Firm John 11. Pietrzak Name /Reager & Adler, P.C. Law Firm 26 Best High Street 4 James Circle 2331 Market Street Address Address Address Carlisle PA 17013 Shippensburg, PA 17257 Camp Hill, PA 17011 City, Zip city, Zip city, zip 101001 1 iai?4 # 101300 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Date of Hearing: 3-- f4 _D R Date of Award: Z- cl"Off Notice of . Arbitrator, dissents. of Award name if applicable.) Now, the 54 day of MQWh 2008 ., at Q-15 , A _.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitr4tors' compensation to be paid upon appeal: $ 360 , 00 4f By: Prothonotary Deputy espies Ma decd ?' Sc &olid jwp& C Sorrusco, `jt/? , 0%5/08 DO ^p 07 RYF .3s. Jt c 7 a` c cil JOSEPH C. SURRUSCO c/o 1901 LOUISA LANE MECHANICSBURG, PA 17050 Defendant, in propria persona. MBNA AMERICA BANK, N.A. Plaintiff, VS. JOSEPH C. SURRUSCO Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 06-4645 CIVIL - LAW NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: I Notice of given that, JOSEPH C. SURRUSCO, appeals from the award of the board of arbitrators entered in this case on MARCH 4, 2008. A Jury trial is demanded. I hereby certify that the compensation of the arbitrators has been paid. Dated: 10'R / e- / .2008 Notice of Appeal Page 1 of 1 Respectfully submitted and signed by, ' ? C'_'? ? r? - ? ? ? r ?i_, y ?? JOSEPH C. SURRUSCO 1901 LOUISA LANE MECHANICSBURG, PA 17050 Defendant, in propria persona. MBNA AMERICA BANK, N.A. : IN THE COURT OF COMMON PLEAS Plaintiff, VS. JOSEPH C. SURRUSCO Defendant(s). CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 06-4645 CIVIL - LAW CERTIFICATE OF SERVICE I certify that a copy of the foregoing NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS was sent on the / day of 41012/L , 2008, by mailing a copy of the same via Certified mail, number 7004-2890-0002-7234-1348 to the following person(s): WOLPOFF & ABRAMSON, L.L.P. 4660 TRINDLE ROAD, 3RD FLOOR CAMP HILL, PA 17011 By Diane Sue Huey 20 Courtland Road Camp Hill, PA 17011 Certificate of Service Page 1 of 1 W t wti r 00 x Z J ?; MBNA AMERICA BANK, N.A. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff NO. 06-4645 vs. JOSEPH C SURRUSCO Defendant CIVIL ACTION - LAW PLAINTIFF'S MOTION FOR WITHDRAWAL OF ADMISSIONS PURSUANT TO PA R.C.P. 4014(d) AND NOW, comes Plaintiff MBNA America Bank, N.A., by and through its attorneys, Wolpoff & Abramson, LLP, and presents Plaintiffs Motion for Withdrawal of Admissions for the following reasons: 1. This is a breach of contract action arising out of an open-end credit card account issued by Plaintiff to Defendant. 2. In its Complaint, Plaintiff alleges Defendant breached the terms and conditions governing the credit card account by failing to make payments on the account; Plaintiff alleges an amount due and owing of $17,391.48, as set forth in its Complaint. 3. Simultaneously with filing his Answer on September 13, 2006, Defendant served upon Plaintiff Interrogatories, Requests for Production of Documents and Requests for Admissions. A copy of the Request for Admissions is attached hereto as Exhibit "A." 4. The Request for Admissions seek an admission, among others, that "Defendant does not owe Plaintiff any money whatsoever." (Request for Admissions ¶17). 5. Plaintiff alleges Defendant's Request for Admission number 17 seeks a legal conclusion which is improper under Pennsylvania's discovery rules, Pa. R.Civ.P. 4001 et seq. 6. Through inadvertence of counsel, Plaintiff failed to file an answer to these Requests for Admissions within thirty (30) days from September 13, 2006. 7. Plaintiff requests this Honorable Court's permission to withdraw Plaintiffs admissions by operation of law and to file Plaintiffs Response to Defendant's Request for Admissions that Plaintiff attaches hereto as Exhibit "B." 146169167 8. Defendant will not be prejudice by the withdrawal of Plaintiff's admissions. 9. The preservation of the merits of the action will be preserved by permitting the withdrawal of the admissions. 10. This Honorable Court may mark Plaintiff's admissions as withdrawn pursuant to Pa.R.Civ.P. 4014(d). 11. No other judge has been assigned to this case and/or ruled on any other motion in this matter. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant Plaintiff's Motion for Withdrawal of Admissions Pursuant to Pa.R.Civ.P. 4014(d) and allow Plaintiff to file its Response to Defendant's Request for Admissions attached hereto. Respectfully submitted, , LLP David R. Gallo +y #87326 4660 Trindle Rd. Suite 300 Camp Hill, PA 1 11 (717) 303-6751 146169167 EXHIBIT "A" 146169167 JOSEPH C. SURRUSCO c/o 1901 LOUISA LANE MECHANICSBURG, PA 17050 Defendant, in propria persona. MBNA AMERICA BANK, N.A. Plaintiff, VS. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Case No.: 06-4645 JOSEPH C. SURRUSCO Defendant(s). CIVIL - LAW Propounding Party: JOSEPH C. SURRUSCO Responding Party: MBNA AMERICA BANK, N.A. COTES NOW, XYJ"H C. SiJR?SCO (l Rer ?`D?efi?ndsaYY') and wives-ft PlArdiffwith a Request for Admissions. You are hereby requested to answer each Request pursuant to Pennsylvania Rules of Civil Procedure, Rule 4014 et seq. 1. Admit that Defendant had an account with Plaintiff bearing the number 5490350321458304. 2. Admit that Defendant was sent an original agreement with terms and conditions related to account number 5490350321458304 when the account was first 3. Admit that said original mot sent to Defendant did not have any clause or provision that allowed Plaintiff to amend the agreement in whatsoever. Request For Admiasiaits - Set 11% ste 10 4. Admit that said agreement sent to Defendant did not have any clause or provision that allowed Plaintiff to resolve any dispute under the agreement using arbitration in any way whatsoever. 5. Admit that Defendant was not noticed of any purported amendment or given any opportunity to opt out of any arbitration provision or amendment. 6. Admit that Plaintiff does not allow and has never allowed Defendant to reject or rewrite any clause contained in the credit card agreement governing the account in dispute. 7. Admit that Plaintiff filed a claim with the National Arbitration Forum without any mutual arbitration amt whatsoever. 8. Admit that after being served with the Notice of Claim in the National Arbitration Forum, Defendant objected to the use of private arbitration. 9. Admit that atim being serval wfth the Notice of Clue in the National Arbitration Forum Defendant denied knowledge of any ageemat that would permit Plaintiff to bring any dispute before the National Arbitration Forum. 10. Admit that the claim fled by PlranW was not accomapaonie? by a copy of the original agreement (referred to in Request No. 2 above). It. Admit that the attorney who meted Plaintiff when sand Claim. was filed with the National Arbitration Forum is not directly employed by Plaintiff 12. Admit that the attorney who tepid Plaintiff when said Claim was filled with the National Arbitration Forum does not have personal knowledge of the original agreement made between Plaintiff and Defendant. Request For Admissions - Set i Pane 2 of 3 13. Admit that the original claim filed by Plaintiff was not ace r 1, a ed by a declaration or an affidavit from anyone employed by Plaintiff 14. Admit that the original claim filed by Plaintiff did not list the cotian of the money sought, rather it only included a total dollar amount. 15. Admit that Plaintiffmainobiins the Minimum Books and Records for Credit Card Institutions listed in 5 Del.C. §1542. 16. Admit that the original claim filed by Plaintiff was insufficient as it did not conform to the requirements set forth by the National Arbitration Forum's Code of Procedure. 17. Admit that Defendant does not owe Plaintiff any money whatsoever. Dated this P day of -S-FPT e ,413 E 2 .2006. Re +ae ly submitted and signed by JOSEPH C. SURRUSCO, without prejudice Z) Reouest For Admissions -Set 1 Pane 3 of 3 EXHIBIT "B" 146169167 MBNA AMERICA vs. JOSEPH C N.A. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CASE NO: 06-4645 CIVIL ACTION - LAW ADbUSSION-SET 1 AND NO comes Plaintiff, MBNA AMERICA BANK, N.A., by and through its atto ys, WOLPOFF & ABRAMSON, LLP, and responds to -Dc.cnda:.t's Request for Admiss;oris as follows: 1. Admit that Defendant had an account with Plaintiff bearing the number 549035032 458304. RESPONSE: Admitted. 2. Admit that Defendant was sent an original agreement with terms and conditions related to account number 5490350321458304 when the account was first opened. RESPONSE: Admitted. 3. Admit that said original agreement sent to Defendant did not have any clause or provision that allowed Plaintiff to amend the agreement in any way whatsoever. RESPONSE: Denied. o the contrary, the original agreement contained a clauselprovision w ich allowed Plaintiff to amend the agreement. 4. Admit that said agreement sent to Defendant did not have any clause or provisio that allowed Plaintiff to resolve any dispute under the agreement using ar itration in anyway whatsoever. RESPONSE: 146169167 Admitted. .10. Adm copy of the original RESPONSE: Denied. clause/provision w agreement using art filed by Plaintiff in t 11. Admi was filed with the Plaintiff. RESPONSE: Admitted. 12. Adm Claim was filed knowledge of the RESPONSE: Objection. vague and ambigt t that the claim filed by Plaintiff was not accompanied by a greement (referred to in Request No. 2 above). the contrary, the original agreement contained a ch allowed Plaintiff to resolve any dispute under the rration. That agreement was accompanied with the claim a National Arbitration Forum. that the attorney who represented Plaintiff when said Claim ational Arbitration Forum is not directly employed by the t that the attorney who represented the Plaintiff when said th the National Arbitration Forum does not have personal ginal agreement made between Plaintiff and Defendant. objects to the term "personal knowledge" as it is 13. Adm' that the original claim filed by Plaintiff was not accompanied by a d claration or an affidavit from anyone employed by Plaintiff. RESPONSE: Admitted. 14. Admi that the original claim filed by Plaintiff did not list the computation of the oney sought, rather it only included a total dollar amount. RESPONSE: Admitted. 15. Admi that Plaintiff maintains the Minimum Books and Records for Credit Card Insti tions listed in 5 Del.C. §1542. RESPONSE: 146169167 Objection. ambiguous. Wit required bookkeepi 16 Adn as it did not conk Forum's Code of P; RESPONSE: Denied. 17. Adn whatsoever. RESPONSE: Denied. To Dated: February laintiff objects to the term "maintains" as it is vague and ut waiving said objection, Plaintiff admits it follows all practices. that the original claim filed by. the Plaintiff was insufficient i to the requirements set forth by the National Arbitration the Defendant does not owe Plaintiff any money contrary, see Plaintiffs Complaint. 2008 (717) 303-6751 Respectfully submitted, wOLP FF & ABRAMSON, LLP By ?.- _? " David R. Galloway Attorney I.D. #873 4660 Trindle Rd., S 300 Camp Hill, PA 17011 146169167 America Bank, N-j Verification on be] foregoing Respons< information which 1 lawsuit. The langual read the document a which I have giver knowledge, informa is that of counsel, I I This stateme C.S. § 4904 relating I knowingly make fa Dated: 1? ? 21 VERIFICATION . , of FIA CARD SERVICES, N.A. f/k/a MBNA ?., acknowledge that I have the authority to execute this alf of MBNA America Bank, N.A., and certify that the to Defendant's Request for Admissions is based upon ias been gathered by my counsel in the preparation of this ;e of this Response is that of counsel and not my own. I have rid to the extent that this Response is based upon information to my counsel, it is true and correct to the best of my ion and belief. To the extent that the content of this Response ave relied upon counsel in making this Verification. it and Verification are made subject to the penalties of 18 Pa. to unswom falsification to authorities, which provides that if Ise averments I may be subject to criminal penalties. FIA Card Services, N.A., f/k/a MBNA America Bank, N.A. Signat e Prima e 146169167 MBNA AMERICA BANK, N.A. COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY CASE NO: 06-4645 vs. CIVIL ACTION - LAW JOSEPH C SURR SCO Defe dant CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of Plaintiffs Response to Request for Admissions was served upon the individual listed below by Regular Mail, Postage Pre-Paid on this ?- day of iebruary, 2008. Mr. Joseph C. Surrusco 1401 Louisa Ln. Mechanicsburg, PA 17050 David R. Gallo*ay Attorney I.D. #87326 4660 Trindle Rd., Ste 300 Camp Hill, PA 17011 (717) 303-6700 146169167 MBNA AMERICA BANK, N.A. Plaintiff VS. JOSEPH C SURRUSCO Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 06-4645 CIVIL ACTION - LAW CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of Plaintiffs Motion For Withdrawal of Admissions Pursuant To Pa R.C.P. 4014(d) was served upon the individual listed below by Regular Mail, Postage Pre-Paid on this j' day of 1APM1113 2008, addressed as follows: MR. JOSEPH C SURRUSCO 1901 LOUISA LANE MECHANICSBURG PA 17050 DavicTR. Galloway #87326 WOLPOFF ABRAMSON, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Rd., Suite 300 Camp Hill, PA 17011 146169167 C 57 <a ` t ° = s nib CJD w Dil MBNA AMERICA BANK, N.A., Plaintiff VS. JOSEPH C. SURRUSCO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4645 CIVIL IN RE: PLAINTIFF'S MOTION FOR WITHDRAWAL OF ADMISSIONS ORDER AND NOW, this s day of May, 2008, a brief argument on the plaintiff's motion for withdrawal of admissions is set for Friday, June 6, 2008, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, XDavid R. Galloway, Esquire For the Plaintiff - Joseph Surrusco, Pro Se 1901 Louisa Lane Mechanicsburg, PA 17050 Defendant rlm Coar ?s 1"2-iLCL sfia/C8 ALED-{;,rr,? n OF THEE P"-)- !;7„ ?Y 08 MAY 13 PM 3:3i C°N '?- ilA MBNA AMERICA BANK, N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JOSEPH C. SURRUSCO, NO. 06-4645 CIVIL Defendant ORDER AND NOW, this 9' day of June, 2008, the request of the Plaintiff for Permission to Withdraw Admissions by operation of law and to file its Response to the Defendant's Request for Admissions dated February 22, 2008, is GRANTED. BY THE COURT, David R. Galloway, Esquire For the Plaintiff ?Joseph Surrusco, Pro Se 1901 Louisa Lane Mechanicsburg, PA 17050 Defendant :rlm --x 4A Kevi . Hess, J. ?S? ?11,5?N?d ???s? ,,? ? 4 !? Wd b- Ktlt' ??Z PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? r JURY trial at the next term of civil court. vfor trial without a jury. ---------------------------- -- ------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) evil Action - Law Appeal from arbitration (other) (Plaintiff) VS. The trial list will be called on i?\o t aA n ,f and Trials commence on N?(< (Defendant) Pretrials will be held on 1-0 C),-(-(- ? l ?-'"J 4CC9 VS. (Briefs are due 5 days before pretriais No. L? U - L-j UL4 , iV ? Term Indicate the attorney who will try case for the party who files this praecipe: il? Indicate trial counsel for other parties if known: This case is ready for trial. Signed: Date: av Print Name: Attorney for.. ty u wq 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., No. 06-4645 CIVIL TERM Plaintiff CIVIL ACTION - LAW VS JOSEPH SURRUSCO, Defendants(s), CERTIFICATE OF SERVICE The undersigned does hereby certify that a copy of the foregoing praecipe was served this date by Regular Mail, Postage Pre-Paid on this t? day of 20 JOSEPH SURRUSCO 1901 LOUISA LANE MECHANICSBURG, PA 17050 F. Do le #87062 / Philip C. Warholic #86341 / jZw tSarah E. Ehasz #86469 / i C'I pert N. Polas, Jr. #201259 Mann Bracken LLC The Successor by Merger to Wolpoff & Abramson, L.L.P. and Eskanos & Adler, P.C. 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff s D ?r3 ? i ` w* IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. No. 06-4645 Plaintiff V. CIVIL ACTION - LAW JOSEPH C SURRUSCO, ; Defendant PRAECIPE TO REMOVE FROM TRIAL LIST TO THE PROTHONOTARY: Please remove the above captioned matter from the trial list scheduled to occur on April 13, 2009. Respectfully submitted, MBRACKEN, LLP David R. alloway Attorney No. #87326 Attorneys Tin the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 800-365-9054 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. No. 06-4645 Plaintiff V. CIVIL ACTION - LAW JOSEPH C SURRUSCO, Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that he served a copy of the foregoing Praecipe to Remove from Trial List was served this date by Regular Mail, Postage Pre- Paid, on this day of , 2009, addressed as follows. MR. JOSEPH C SURRUSCO 1901 LOUISA LANE MECHANISBURG PA 17050 David R. G loway Attorney I No. #87326 Mann Bra en, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 800-365-9054 Counsel for Plaintiff C7 3 c:zl e r f to t_, F +A GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 },V F1LEt ICC N In THE 2078321 pin- TARY 2010 FEB 19 PM 2: 51 CI P/ - "11; V f _ v ' 4:;' MBNA AMERICA BANK, N.A. VS. JOSEPH C SURRUSCO TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-4645 ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the plaintiff in the above-captioned matter. GORDON & WEINBERG, P.C. BY: FREDERIC I. EINB G, ESQUIRE JOEL M. FLIN QUIRE Attorney for Plaintiff P012 t CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Substitution of Attorney and Entry of Appearance Pursuant to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIC I. WEINBERG, ESQUIRE Dated: ( ETH LE ? NOT 207832 ?? 10 MAR _$ PH 3: 36 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Q jtvpn= N MBNA AMERICA BANK, N.A. VS. JOSEPH C SURRUSCO COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-4645 ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended upon payment of your costs only. GORDON & WEINBERG, P.C. BY: FREDERIC EINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P003