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HomeMy WebLinkAbout06-4675IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. No. OLe `144ty 655 PAPER MILL ROAD I MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff VS SUZANNE L RESETAR 714 ALLENVIEW DR MECHANICSBURG PA 17055 Defendant(s) CIVIL ACTION - LAW Filed on behalf of: Plaintiff, MBNA AMERICA BANK, N.A. Counsel of record for this party: Date: &<my F. Do #8706 aniel F. Wolfson #20617 Philip C. arholic # 341 / 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 W&A File No. 141060172 IN THE COURT OF COMMON PLEAS OF CUM13ERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. :No. Plaintiff VS :CIVIL ACTION - LAW SUZANNE L RESETAR Defendant(s) 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. 141060172 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff :No. VS SUZANNE L RESETAR Defendant(s) :CIVIL ACTION - LAW USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accio'n dentro veinte (20) dial despuds que esta Demands 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 si falla 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. 141060172 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff l.6 C.. l VS. SUZANNE L RESETAR Defendant(s) CIVIL ACTION - LAW AND NOW, this 11 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. , is a National Banking Association organized under the National Banking Act with principal place of business situated at P.O. BOX 15718, WILMINGTON, DELAWARE 19850. 2. Defendant, SUZANNE L RESETAR, is an adult individual with a last known address of 714 ALLENVIEW DR, MECHANICSBURG, CUMBERLAND COUNTY, PA 17055. 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 Fite No. 141060172 (FAA) governed the Agreement and that following disposition through the NAF, judgment may be entered in any state court having jurisdiction. 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". 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. 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 $25,578.86. 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 1OV, 12. The amount of interest which has accrued on the aforementioned account is the sum of $5,537.64. CCP Cmplt - MBNA W & A File No. 141060172 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. in 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 $3,836.82. 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 exceeds the jurisdictional amount requiring compulsory arbitration. CCP Cmplt - MBNA W & A File No. 141060172 WHEREFORE, Plaintiff, MBNA America Bank, N.A., respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendants, in the amount of $25,578.86, plus interest in the amount of $5,537.64, plus attorney's fees in the amount of $3,836.82, plus costs of this action and any other relief as this Court deems proper and just. Respectfully submitted, Date: g Amy F. Doy #8706 aniel F. Wolfson #20617 Philip C. W rholic # 6341 / Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff CCP Cmplt - MBNA W & A File No. 141060172 VERIFICATION The undersigned hereby states that he/she is the attorney for the Plaintiff, MBNA America Bank, N.A., who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, he/she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: Amy . Doyl 7062 aniel F. Wo s #20617 Philip C. W olic #96341 / Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff CCP Cmplt - MBNA W & A File No. 141060172 Exhibit "a" w t. 3 A n Iasi fit, ilt ]let L g.:. ?o +?f s Y ? i AL t; _ e3f... R? HI 5L ' z , tat gi. I .3 ..:: ON till ?. Y .$ I r fit t fit 1- 11 If3-T? Htj _ a it [fit t Is I tiff M1 IL Ailit 115 HU I qj3} y7g;? 9@J I r UNS 8 t h. ea t ; N °; mi l w it 9 - 0 ILIIn t :9?IVk6 k'j 1111! 4QQ jig 111114 I Fi $t tI , IV a Hs a Urt R U 4,t ?Jiiqlsj tint ist 2, Pit is %§ 1-8 k 1, q. - R ;Px ilia all a id $ Da.I $ t 11411 fit 3` si s ,? 3 a 21IdII li A? I !' o !1_1 IFI Q? S sf 6 "O Y • i I 1111- 11H U R fill 1161 ea^?,?tz 1-i ?zE as?g`".^ _0-?`'s$Is?g€`a s g 333 333SSS } g {g? gg$ fit 2. a 9 is Rip. 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Nr? w § i Q ?n Itss ?S s S Exhibit "B" CLIENT NO 001730 MBNA ACCT#5490992169005885 BALANCE --25,578.86 * ***** PRIMARY DEBTOR *'*** C/O DATE 01/01/69 LSTPY DT 03/07/05 M-ACCT-NO *M-REC-TYPE*M-CUST-TYPE*M-LAST-NAME 490992169005885 A I RESETAR M-FIRST-NAME *M-ADDR-1 *M-ADDR-2 S UZANNE L 714 ALLENVIEW DR M-CITY *M-COUNTY *M-STATE*M-ZIP *M-HOME-PH M ECHANICSBURG PA 170553146 7176910633 M-WORK-PH *M-DOB *M-POE-NAME 4 124695000 07/08/46 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 AGNY 169 M-CO-RSN*M-ACCT-STATUS*M-INT-RATE'M-RECEIPT-DATE*M-CONTACT-DATE*M-CO-DATE PAA 0000 04/08105 04/08199 01/01169 M-LAST-PYMT-DATE*M-CO-AMT *M-ASSOC-COST*M-ACCRUED-INT*M-CUR-BAL 0 3/07/05 25,578.86 .00 .00 25,578.86 *M-NE T-PRIN *M-NET-COST *M-NET-INT *M-COMMENT-1 25,57 8.86 .00 .00 AMAAAAAMMMAAI *M-COMME NT-2 002 2005 0425 0000250 *M-COMME NT-3 *M-COMMENT-DATE 04/25105 *M-2ND-N AME *M-MONTHLY-INCOME*M-OTHER-INCOME 37.50 .00 *M-MONTHLY -PYMT*M-OTH ER-PYMT*M-OWN-RENT-CODE*M-RECOVERY-SCORE*M-NEXT-PAY-DATE .00 .00 R 0713 *M-LAST-INT- DATE*M-LAST-CONTACT-DATE*M-COMM-RATE*M-HOM E-PH-FLAG*M-WORK-PH-FLAG 0000 *M-ADDR-FLAG *M-SSN *M-MIO*M-AG 44. ? ( n ce-aa O ?? t. ? /? !I ? ma(y) 6`' W co d W&A File Number 141060172 Attorneys for Plaintiff Amy F. Doyle #87062/Daniel F. Wolfson #20617 Philip C. Warholic#8634 1 /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, 3ia Floor Camp Hill, PA 17011 Telephone (717) 303-6700 Counsel for Plaintiff MBNA AMERIAC BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 Vs. Suzanne M. Resetar 714 Allenview Drive Mechanicsburg, PA. 17055 8603 Court Of Common Pleas County of Cumberland State of Pennsylvania TRIAL DIVISION CIVIL ACTION Term No. 06-4675 Civil Term RESPONSE TO ABOVE COMPLAINT I, Suzanne Resetar do generally deny the statements regarding the amount of debt listed in the above filed complaint. Dated: August 21, 2006 By. S e M. Resetar June 8, 2005 To whom it may concern at DSA, I am writing this letter in hopes of explaining what stressors were involved with my decision to take action to try to .get my debt under control. There was a time when it was possible for me to be able to meet my debt obligations. That was several years ago and a myriad of things have changed forcing me to seek alternative measures. The following have impacted me to the point where in order for me to go on I found it necessary to seek your assistance. ? A separation and divorce from my husband where I was left with very little and being responsible for 70% of the marital debt due to his lack of employment, lack of ambition and complacency with being in a minimal paying job. ? Re-location to another area of Pennsylvania for safety reasons and having to take a lower paying position due to the market in that area. ? Inability to keep up with financial responsibilities on my own. ? Increase in the amount of self-pay medical insurance and co-pays ? Recent health challenges and the real possibility of facing a devastating illness in the future. I had an abnormal testing procedure, which proved to be pre-cancerous must be closely monitored in the future. An exacerbation of a long standing problem with my back and neck which could at any time lead to major limitation of mobility issues and disabilities. I have been advised to have surgery but have elected to be treated more conservatively rather than risk the uncertainty of surgical success vs. permanent disability. Symptoms and positive blood results consistent with Rheumatoid Arthritis. Due to the above issues I am unable to even consider more that one job to try to provide additional income. I am physically unable to endure any more that what I am doing presently. Before any of the above health issue would lead to a disability I wanted to try to resolve as best I could my financial responsibilities. In addition, I have a grown daughter with multiple health issues including mental health challenges, which always weigh on my mind as a potential additional moral responsibility. The following are just a few of the reasons why felt lost, stressed and depressed regarding my financial obligations and my inability to meet them. This is why I have sought advice and assistance from your organization. I hope that this better explains my position and what led me to you? Please advise of any additional information you may require. Sincerely, Suzanne Resetar >- _ 00 co 'r C-D r [.J... W cx- Q :D Q ty3 l ?+i SHERIFF'S RETURN - REGULAR CASE NO: 2006-04675 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MBNA AMERICA BANK N A VS RESETAR SUZANNE L WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RESETAR SUZANNE L the DEFENDAN71 at 1838:00 HOURS, on the 18th day of August 2006 at 714 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 ROBERT SPEIDEL by handing to ADULT IN CHARGE 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: So Answers: Docketing 18.00 Service 8.80 Postage .39 Surcharge 10.00 R. Thomas Kline .00 37.19 v-" 08/21/2006 WOLPOFF & ABRAMSON q/-7 Sworn and Subscibed to By: 2'/C_ ?--?_ -? before me this day Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., NO. 06-4675 Civil Term Plaintiff V. CIVIL ACTION - LAW SUZANNE L RESETAR Defendant PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW, comes Plaintiff MBNA America Bank, N.A., by and through its attorneys, Mann Bracken, LLP, as successor by merger to Wolpoff & Abramson, L.L.P., and files the within Motion for Judgment on the Pleadings, of which the following is a statement: 1. On or about August 15, 2006, Plaintiff filed a Complaint against Defendant seeking to recover monies due Plaintiff for charges incurred on an open end credit card account issued to Defendant by Plaintiff. A true and correct copy of said Complaint is attached hereto, incorporated herein and marked as Plaintiff's Exhibit "A." 2. On or about August 21, 2006, Defendant filed an Answer in response to said Complaint. A true and correct copy of said Answer is attached hereto, incorporated herein and marked as Plaintiff's Exhibit "B." 3. That Defendant's Answer to Complaint did not contain New Matter to which Plaintiff needed to respond. 4. Although Defendant does not specifically address any of the numbered paragraph of the Complaint, Defendant does "generally deny" all of the allegations in the Complaint. See Exhibit "B" as previously identified and incorporated herein. 5. Pennsylvania Rule of Civil Procedure 1029(b) states, "averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication." 6. Pennsylvania Rule of Civil Procedure 1029(b) further states, "a general denial or a demand for proof, except as provided by subdivisions (c) and (e) of this rule, 141060172 shall have the effect of an admission." Neither 1029 (c) or 1029 (e) are applicable to this matter. 7. The pleadings are closed and time exists within which to dispose of this motion without delaying trial. 8. The pleadings filed of record show that no genuine issue of material fact exists to be tried. 9. Pursuant to Pa.R.Civ.P. 1034(b), this Honorable Court may enter judgment on the pleadings as a matter of law. WHEREFORE, Plaintiff, MBNA America Bank, N.A., respectfully asks that this Honorable Court enter judgment in favor of Plaintiff and against Defendant in the amount of $24,330.69, which includes Defendant's most recent payment posted on October 2, 2008, plus the costs of this action and such other relief as this Honorable Court deems proper and just. Respectfully submitted, 71B1? CKEN, LLP David R. G lloway Attorney I o. 87326 Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 (717) 303-6700 Counsel for Plaintiff 141060172 EXHIBIT "A" 141060172 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. No. - Ot. " i lvAtS 1...lU 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff I VS ` CIVIL ACTION - LAW SUZANNE L RESETAR 714 ALLENVIEW DR MECHANICSBURG PA 17055 Defendants C in Y: c Filed oil behalf off: n al ` CO MR Plaintiff, MBNA AMERICA BANK, N.A. c Counsel of record for this party: Date: d4w7l4a??? Amy F. o #8706 aniel F. Wolfson #20617 Philip C. Wkr. 341 / 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 ??tl0c0o 17 a ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MB NA AMERICA BANK, N.A. 1 Plaintiff VS SUZANNE L RESETAR 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. :No. Plaintiff VS SUZANNE L RESETAR :CIVIL ACTION - LAW Defendant(s) i 1 . I USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender costa la demanda puestas en las siguientes paginas, kted tienen que tomar acci6n dentin veinte (20) dias despu6s que esta Demanda y Aviso es ervido,. con entrando por escrito una aparencia personalmente o por un abogado y archivanAo por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento ?Uede 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 pare 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 DWORMACION 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 C -T Notice to Defend IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff : No. VS. SUZANNE L RESETAR : CIVIL ACTION - LAW Defendant(s) AND NOW, this 11 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: 1. Plaintiff, MBNA AMERICA BANK, N.A. , is a National Banking Association organized under the National Banking Act with principal place of business situated at P.O. BOX 15718, WILMINGTON, DELAWARE 19850. 2. Defendant, SUZANNE L RESETAR, is an adult individual with a last known address of 714 ALLENVIEW DR, MECHANICSBURG, CUMBERLAND COUNTY, PA 17055. 3. 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 (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 aintenance of this credit card in connection with his purchases of goods, and services, he became bo d 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. 7. Defendant received monthly state' eats which accurately state all purchases and payments made during the month, interest charg s imposed on the unpaid balance, and the amount due. A summary of the account showing the balance cue and owing is incorporated herein and marked as ERhl'bit {{Bff 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. 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 $25,578.86. 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 1612K,. 12. The amount of interest which has accrued on the aforementioned account is the sum of $5,537.64. CCP Cmplt - MBNA 2 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. in 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 $3,836.82. 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 exceeds the jurisdictional amount requiring compulsory arbitration. rro r..,.dr - WXnW A WHEREFORE, Plaintiff, MBNA America Bank, N.A., respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendants, in the amount of $25,578.86, plus interest in the amount of $5,537.64, plus attorney's fees in the amount of $3,836.82, plus costs of this action and any other relief as this Court deems poper and just. Respectfully submitted, If If Date: Amy F. y #8706 aniel F. Wolfson #20617 Philip C W olic 341 / Andrew C. Spears #87737 David Ri Galloway #87326 / Tonilyn M. Chippie #87852 Sarah E.1Ehasz #86469 / Robert N. Polas, Jr. #201259 Bruce H.I 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 rI'+D I`.....1 r _ ?UMV A 4 ?he VERIFICATIundersigned 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 Complaint 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 unswom falsification to authorities. Date: g Amy . Doyl 7062 a el F. Wo #20617 Philip C. W olic 6341 / Andrew C. Speais #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Sarah E. Ehasz #864691 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 Exhibit "A" s t J ¦ 6 ?' • k f •l•?T is +1 , t ? a 9lilt r $ 1 E??6 ?t # is }} i?f}Fe?fir IC ?s jj`'•"? t?Jde t[Fx?? ?f1?t?? s,9Fr.e: fl fill a Fin I I its lie list it, oil 6 a [it fall for Ir 11 pals, its Lip tic tit it 'fit fit COF I It 9! Sri f IL little Irl all I?f?E10}d}? Ito* a, r? s FL, r win I [fill Is t d.: Q=cg? t IN ?•3rt` ? Irl?ealar?? ?t'}? ILI ? ?t Its s g toy L1 3 F x M 0% fig 21 Ist st f . ?i _s? ? ga Q C ._ s a G Hall I r f i a ??a sly S ?. S _ _g? F? I j IL s f8 Irl ? ? s as a jag x -9 - $ r falls i itl [I a iF .1s a g fit$ e Ars? Ir IL g # _.. or ir Ar ?a ?Ir ?S w FJ age S ? 3 s fit 2 S fit I Wit tit Irl f al HIt 'i{i1?ijisiflli Lis 1411111 AR t 5 _191111i ,gill ffA ?m Q ?e sue. ?s xo< 9R s I 3 Or R fi flat .1 R, I ? 6 wit Ir e s ir Jeff? $s a ?. S oil fit r1 -will 'it it -- x? 19L. r? R 7 gs ?a a ? fair Alpff "t•?A? a E?ja°p? ?(?0???4? Sg('y g o s'•? i?? 'S id a ?a°a e fill fill] fit iris ?c a -?s~ 'Al 6, e gal lot F r0 8 s for ?? . igloo flat 5 rat R g f Ni np j f PC zf 5: tFi• z? z? 3 a? Rig = ?R ?Y a MA Cffi w;? x a s &! r? ?a Exhibit "B" CLIENT NO 001730 MBNA ACCT 5885 BALANCE -25,578.86 **'** PRIMARY DEBTOR *"* a C/O DATE 01/01/69 LSTPY DT 03/07/05 • M-ACCT-NO *M-REC-TYPE*M-CUST-TYPE*M-LAST NAME 5 X5885 A I RESETAR. M-FIRST-NAME *M ADDR-1 *M-ADDR-2 S UZANNE L l 714 ALLENVIEW DR M-CITY ) *M-COUNTY *M-STATE*M-ZIP *M-HOME-PH. M ECHANICSBURG PA 170553146 7176910633 M-WORK-PH *M-DOB "M-POE-NAME 4 124695000 07/08/46. 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 AGNY 169 " M-CO-RSN*M-ACCT-STATUS*M-WT-RATE*M-RECEIPT DATE*M-CONTACT-DATE*M-CO-DATE PAA 0000 04/08/05 04/08/99 01/01/69 M-LAST-PYMT-DATE*M-CO-AMT *M-ASSOC-COST*MACCRUED-INT*M-CUR-BAL 0 3/07/05 25,578.86 .00 .00 25,578.86 *M-NE T-PRIN *M-NET-COST *M-NET INT *M-COMMENT-1 25,57 8.86 .00 .00 AMAAAAAMMMAA1 *M-COMME NT-2 0022005 0425 0000250 *M-COMME NT-3 *M-COMMENT-DATE 04125/05 *M-2ND-N AME *M-MONTHLY-INCOME*M-OTHER-INCOME 37.50 .00 *M-MONTHLY -PYMT*M-OTHER-PYMT*M-OWN-RENT-CODE*M-RECOVERY-SCORE*M-NEXT-PAY-DATE .00 .00 R 0713 *M-LAST4NT- DATE*M-LAST-CONTACT-DATE*M-COMM-RATE*M-HOME-PH-FLAG*M-WORK-PH-FLAG 0000 *M-ADDR-FLAG *M-SSN *M-MIO*MAG EXHIBIT "B" 141060172 WRA File Number 141 Moanayr for PWudff Amy F. Doyle #$70621 Philip C. Wrchouww Daid R. C4110WAYMP, Sarah B. HWwnh86469V Bruce H. C77 rends #l W. Ronald M. AbaanvocM WOLPOFF A ABRAN Attach. 0 in the Practic 4660 Trindle Road, e : Camp Hill, PA 17011 Telephone (717) 303-0 Caused for Plabdiff NONA AMBRIAC BA 655 PAPS& MILL ROJ MAIL STOP 1411 WIElAUNGION DE 191 Vs. Snzscme be Resetar 714 A11mview Drive Mechanicsburg, PA. 72 F. Wolfson #20617 draw C. Sposas#8M7 uilyn M. Chip 87952 t, N. PbW6 Jr. 0201259 M S. Canter #94000 ON, L.L.P. of Debt Collection N.A. 411 Court Of Common Pkwy Commty of C umbaland State of PawgAv mis TRIAL DMSIONJ C IM ACTION Team No. 06-4675 Civil Tenn 17055 5603 TO ABOVE COMPLAINT I, Stamm c Resdar do in the above filed cm Dated: August 21, deny the "amok mgerdimg the mom of debt listed Bx 4 tit) S M. Rereter June 8, 2005 To whom.it tray I am writing this Iwo decision to take setior Peas' foe the to be i myriad of aings have unpacted me to t your she. D A separation m being respoud of ambition an A Re4ocation to a lower paying D Inability to tree D Incase in the >i Recent health c the fumue. I had ar must • An et could at DSA, k hopes of OPINWAB what str+essors were imAolved with my 'try to SO my debt queer control. There was a time whom it in e to meet my debt obligstions, That was several years ago and mb®ed fencing me to seek aherastive mewim The followbg point where in order for we to go on I fxmd it necessary to sou ! divorce fives my hcabsod where I was Id with very little and Is for 70% of the mantel debt due to his lack of msploym=4 lacl complacency with b*g in a minimal paying job. ootbar am of Pw aylvsaia for safety reasons and having to take wsition due to Ste mxW in that area. Top with fimmial t+a?onsibil hies an my own. mount of self-pay medical insmuee, and co-pays Menges and the real possibility of being a devastating Mom in abnormal testing pmcadrua, which proved to be pre-csnv Vas closely moo&xW in the flt mv. arbatiaa of a long standing problem with my back sod neck wh any time lead to major limitation ofmobility issues and lea. I have been advised to have surM but have elected to be boss eansesvativelyradmr 6se risk the umvertainty of awgical res. pestmaneat diaability. ns.and positive blood twults coosiatent with Rhounutoid Due to t?e above issues I an unable to even consider more that one job to pY to " additional income. I am physically rouble to enders My mom " what I am doing pramady. Before say of the o as best I could my In addition, .1 have a chalkages, which alw respaua'bility. The followipg are just my financial obligation and assistance brume yes I hope that this bettor e additional information Sitscusly, Sum me Readw health issue would land to a disability X wanted to try to resolve yal Vespom- biH ies. n daughter with multiplo health issues including mental health weigh on my mind as a potential additional moral few of the rassoru why felt lost, stressed and depressed rgpnft and my inability to meet them. Thu a why I have sought advice Orgmization• my position and what led me to you? please advise of any u nay require.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., NO. 06-4675 Civil Term Plaintiff V. SUZANNE L RESETAR Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Motion for Judgment on the Pleadings was served this date by Regular Mail, Postage Pre-Paid, on this tCnay of 2008. Ms. Suzanne L. Resetar 714 Allenview Drive Mechanicsburg, PA 17055 Debt Settlement America 5080 Spectrum Drive Ste. 809 West Addison, TX 75001 David . Galloway Attorne ID No. 87326 MANN CKEN, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 (717) 303-6700 Counsel for Plaintiff 141060172 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4675 Civil Term MBNA AMERICA BANK, N.A., Plaintiff CIVIL ACTION - LAW V. SUZANNE L RESETAR Defendant PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW, comes Plaintiff MBNA America Bank, N.A., by and through its attorneys, Mann Bracken, LLP, successor by merger with Wolpoff & Abramson, L.L.P., and files the within Brief in Support of its Motion for Judgment on the Pleadings. 1. STATEMENT OF FACTS & PROCEDURAL HISTORY: MBNA America Bank, N.A., filed a Complaint against Defendant on or about August 15, 2006 seeking to recover monies due Plaintiff for charges incurred on an open end credit card account issued to Defendant by Plaintiff. A true and correct copy of said Complaint is attached to Plaintiff's Motion for Judgment on the Pleadings as Exhibit "A." On or about August 21, 2006, Defendant filed an Answer in response to said Complaint. A true and correct copy of said Answer is attached to Plaintiff's Motion for Judgment on the Pleadings as Plaintiff's Exhibit "B." Defendant's Answer to Complaint did not contain New Matter. Although she did not respond to any of the numbered paragraphs in the Complaint, Defendant did "generally deny" all allegations contained in the Complaint. See Defendant's Answer attached to Plaintiff's Motion for Judgment on the Pleadings. As a result of Defendant's admissions and general denials, Plaintiff filed a Motion for Judgment on the Pleadings. This brief follows. 141060172 11. QUESTION PRESENTED: Under Pa.R.Civ.P. 1034(b) and governing case law, may this Court enter judgment on the pleadings when Defendant generally denied and/or did not answer specific factual allegations in the Complaint? Suggested Answer: Yes. III. DISCUSSION: A. BECAUSE DEFENDANT DID NOT SPECIFICALLY RESPOND TO THE ALLEGATIONS IN PLAINTIFF'S COMPLAINT AS REQUIRED UNDER PA.R.CIv.P. 1029(A)-(B), PLAINTIFF'S ALLEGATIONS ARE DEEMED ADMITTED. Pennsylvania Rule of Civil Procedure 1029 governs responses to pleadings and sets forth appropriate responses available to a party. Pa.R.Civ.P. 1029(a) provides: A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive. A party denying only a part of an averment shall specify so much of it as is admitted and shall deny the remainder. Admissions and denials in a responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth. Pa.R.Civ.P. 1029(b) provides: Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by subdivisions (c) and (e) of this rule, shall have the effect of an admission. Subdivision (c) relates to a response when the party is without knowledge sufficient to form a belief as to the truth of an averment. See Pa.R.Civ.P. 1029(c). Reliance on subdivision (c) does not excuse a failure to admit or deny a factual allegation when it is clear that the pleader must know whether a particular allegation is true or false. See id. citing Cercone v. Cercone, 386 A.2d 1 (Pa. Super. 1978). Subdivision (e) relates 141060172 to a response when the action seeks monetary relief for bodily injury, death or property damage. See Pa.R.Civ.P. 1029(e). Subdivision (d) is not applicable to this case. "To determine if an answer is a general denial under Pa.R.Civ.P. 1029(b), the court must examine the pleadings as a whole." Commonwealth by Preate v. Rainbow Associates Inc., 138 Pa. Commw. 56, 61; 587 A.2d 357, 360 (1991). Responses which are merely general denials of allegations are not sufficient and, in such a case, the allegations will be deemed admitted. See Swift v. Milner, 371 Pa. Super. 302, 308-309, 538 A.2d 28, 31 (1988). Defendant's General Denials In Defendant's Answer, Defendant generally denies all allegations in Plaintiffs Complaint. Because Defendant failed to specifically respond to any of the factual allegations contained in Plaintiffs Complaint, Defendant's responses must be deemed admissions. In the Cercone case, our Superior Court addressed the effect of a response under Pa. R.Civ.P. 1029(c) when Plaintiff makes factual allegations in the Complaint. The Court held that "a defendant may not rely upon Rule 1029(c)(1) to excuse a failure to make a specific denial of factual allegations contained in a complaint when it is clear that the defendant must know whether a particular allegation is true or false. See Cercone, 386 A.2d 1, 4. Because Plaintiff alleges Defendant owes money to Plaintiff, Defendant clearly could have specifically admitted or denied this factual allegation. Averments in a pleading to which a responsive pleading are required are deemed admitted when not denied specifically; as a result, Defendant has admitted all allegations in Plaintiff's Complaint. See Pa.R.Civ.P. 1029(b). 141060172 IV. CONCLUSION: For the above stated reasons, Plaintiff requests that this Honorable Court grant its motion for judgment on the pleadings and enter judgment in favor of Plaintiff and against Defendant for $24,330.69, which includes interest, attorneys fees and payments posted through October 2, 2008, plus costs of suit. Respectfully submitted, MANN, BROKEN, LLP David R. G loway Attorney ID Jo.87326 Attorneys in he Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 (717) 303-6700 Counsel for Plaintiff 141060172 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., NO. 06-4675 Civil Term Plaintiff V. CIVIL ACTION - LAW SUZANNE L RESETAR Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Plaintiff's Brief in Support of it's Motion for Judgment on the Pleadings was served this date by Regular Mail, Postage Pre-Paid, on this A' day of j)ffN Abtf ' , 2008. Ms. Suzanne L. Resetar 714 Allenview Drive Mechanicsburg, PA 17055 Debt Settlement America 5080 Spectrum Drive Ste. 809 West Addison, TX 75001 David R. Galloway Mann Br ken, LLP Attorneys the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 (717) 303-6700 141060172 NO PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) VS. No. ,0?0 `A lei's I Q 1 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): 2. Identify all counsel who will argue cases: (a) for plaintiffs: Y fl.N- l? 2 . C CAJU (Name and Address) ` LA u U O ryAL I 3W k rn i? ? ?? l I Pn l-?b t ffy, (b) for defendants: n ( Q.? S2r?,'1 ( ern ?e? (Name and Address) W P,?Leny'? DQ , ?Yle?h?n? ?s n? , VDCL 3. 1 will notify all parties in writing within two days that this case has been listed for argument. /_, _ 4. Argument Court Date: Date: jZ I I O e, Signature I.JavjiD E. C-10?- lcvk-) cu- Print your name Print -R-C?nb4 Attorney for INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. L LA C? lg ©1?-?- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., No. 06-4675 CIVIL TERM Plaintiff VS CIVIL ACTION - LAW SUZANNE L. RESETAR, 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 I6 day of ?fccn-lbcc , 20&. SUZANNE L. RESETAR 714 ALLENVIEW DR MECHANICSBURG, PA 17055 jDavi .DD oo Philip C. Warholic #86341 / allowa #873 / Sarah E. Ehasz #86469 / r o as, Jr. #201259 Mann Bracken, LLP 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 ?_> ._ E '`,?i ??? : `°•d r,.. ?{.. ' aiJ ,... _.., ` "M1.? 4Z . y-,. t'; '_?+. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., NO. 06-4675 Civil Term Plaintiff V. CIVIL ACTION - LAW SUZANNE L RESETAR Defendant ORDER AND NOW, this 'V day of FrlM, , 2009, upon consideration of Plaintiffs Motion for Judgment on the Pleadings, it is hereby ORDERED that judgment be entered in favor of Plaintiff and against Defendant Suzanne L. Resetar in the amount of $23,430.69, which includes Defendant's most recent payment posted on January 23, 2009, plus the costs of this action. BY THE COURT: For Plaintiff: David R. Galloway MANN BRACKEN, LLP 4660 Trindle Rd., Suite 300 Camp Hill, PA 17011 Pro Se pr Defendant: ,Ms. Suzanne L. Resetar 714 Allenview Drive Mechanicsburg, PA 17055 (201 Z t - 9-T yr-?St t ECCL ?/sl oQ 141060172 S 2 :8 A S- 833 60OZ A8ViQiClrl'iOdd 3HI