ydontu

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About ydontu

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  1. I'll give a brief recap of where this has been and currently at: received complaint from /citibank/ filed answer sent letter to OC demanding arb with JAMS and on the same day filed MTC arb MTC Arb was granted - I am to initiate sent arb app and partial payment of fees to JAMS JAMS responds with letter on initiating arb OC files in another forum I file motion to clarify the original mtc arb (awarded to me to initiate) And now, I have refused to follow OC in the forum of their choice, my JAMS fees are paid in full but other forum is proceeding despite all docs to prove this is not their case. I was told that filing sanctions against OC might be a good idea. Would someone tell me how I would go about this? I have been so distraught over this mess, it has affected my work and home life.
  2. I received my letter from JAMS indicating they received my demand for arb, the amount of the initial case management fee I must pay as well as the amount the OC must pay (Citi). The last paragraph states, "Upon receipt of the balance of the initial case management fee from claimant and respondent, JAMS will formally commence this matter and proceed with the arbitrator selection process." I'm making payments and I sent the JAMS packet last month and to date have paid $100 on the fees. Since my court order said I had 90-days to initiate, and I've done that, I am guessing I don't have to skip paying a bill to send in the remainder of my JAMS - I intend to pay the balance in November. Now, I would like to begin thinking about my complaint for JAMS, in the event it goes that far. I would like to be prepared and not have to rush at the last minute.
  3. http://db.tt/LBGFmYZA It was signed by the judge and should work for any county in PA. Creditor is CitiBank and the card member agreement is from 2011. I tried posting it here, but it says the file size is too large, so I put it on dropbox. I'm sure someone can reduce it that has the pro version of Acrobat. I did have a hearing on my MTC, the Plaintiff was given an opportunity for rule to show cause why my motion should not be granted. They did/could not. Judge signed a stay for 90 days. You can read the Order here or view all my posts and find the one that says Order. I hope this helps someone else along the way.
  4. And now, Sept____ 2012, this matter came forward on application of D to show cause why pvt arb should not be substituted for these legal proceedings and P having no objection thereto, it is, directed that further proceedings in this court be stayed generally and that D begin the process noted contractually to initiate pvt arb. This court will resume jurisdiction in the event that situation does not occur but only at the request of either party and then only to address whatever issues may have survived or what may exist. The stay granted by the Court shall be 90 days from this date. I've already sent in my JAMS and the demands were sent to OC and counsel. Next step is wait for them to respond to JAMS? And what if they let 90 days lapse and do nothing and then take me back to court? I've tried to settle - three times - unsuccessfully (obviously). Citi is being very unreasonable, at least I feel so.
  5. Linda, Am I to understand that I must send a copy of the JAMS application to the OC and their counsel? I sent a letter to OC and counsel electing JAMS but not the application itself. I can do that tomorrow and then I will just send a copy of the registered receipt from the PO. I must have misread when I thought all I had to do was send the letter electing JAMS.
  6. I received a copy of P's brief in resp to MTC Pvt Arb: P does not oppose D's motion as long as this matter is marked as Stayed, pending the disposition of the Arbitration Conclusion: D may demand, seek and initiate Arb for the above referenced matter with the next 20 days. This comes after the hearing - had they sent this before, the hearing would not have been necessary. I am mailing my JAMS on Friday. I want to review the section on submitting JAMS before mailing. Plus I want to see if Citi can assist in paying my filing fee. Thanks!
  7. Yes, I sent the JAMS demand letter and received the registered cards back as proof the letter was received by them (OC and their counsel). I mailed my JAMS demand the same day I filed the MTC Pvt Arb in court. That way I could show proof in court, if needed, that I was serious about the arbitration. The order is written that I am to initiate Arbitration and I have 90 days to do so. I didn't get a copy of the order in the mail yet to see the exact wording. I am mailing my JAMS tomorrow.
  8. Hi Linda, It is Citi, by default do you mean when last payment was made? That was in May 2010. thanks!
  9. My motion was granted, however, but not before the Judge made it plain that he is of the opinion that if you owe the money, you pay the money and why not just let the Court decide with a panel of lawyers who will determine what and how I pay. He went on to talk about the people that come to court saying their debt wasn't validated and there isn't a signed contract, "and on and on" (quote). I kinda thought I was in trouble at that point. The motion was granted with 90 days for some action. I guess after I file, additional action will be up to the OC? Now, to file for my pvt arb - I have the paperwork ready to go, along with a deposit, since I cannot send the entire $400. I'm asking for payments and I believe, but have to go back and read, that the OC can be asked to help pay for those fees. If that is the case, I will ask for that. Thoughts or suggestions on my next step, after sending in my application for Arb, that is?
  10. Yes, I thought as much! Thanks for the confirmation! I don't want to anger the Judge. What a great group here!
  11. Hi Savoir and Linda, Yes, I have the PA Rules of Court, and that is how I found that Rule. I will do a little reading on it. I cited the AT&T v. Concepcion case in my MTC Pvt Arb. I have also found other cases where that ruling was cited and I've been reading those too. One happens to have been heard here in PA in Superior Ct. I am going to read that when I get home tonight. One question to toss out - at this hearing, would it be proper to bring up that rule and the complaint not adhering to it, since this hearing is about the MTC Pvt Arb? I don't want the Judge angry at me, as I'm Pro Se. Thoughts anyone please? And I'd also like to say how much I appreciate all the help, advice and support that is offered here. It gives me the determination to keep fighting.
  12. PA Rules of Court, Rule 2952 Complaint. Contents In the complaint served upon me, the item in (2) the original or a photostatic copy or like reproduction of the instrument showing the defendant's signature. . . That was not included in the Complaint, nor a reason given for its absence. I wonder if I could have had the Complaint dismissed based on that Rule? Where would be a good place to search for reasons why my pvt arb SHOULD be granted? I'm so green at this!! Much appreciated!!
  13. I received notice from the Court today that a "Rule is hereby entered upon the Plaintiff to show cause why the Motion should not be granted." What should I expect from this hearing? This will decide if my motion to Compel Private Arbitration will be granted. Anyone, please?
  14. Hi Linda and others: I am sending my JAMS to the OC and their counsel tomorrow. Do I need to include the cardmember agreement (I am thinking no) Should I file my MTC in court shortly thereafter? A brief recap of where I am: I received the Complaint, filed an Answer and New Matter. Sent an offer to settle via first class mail - OC's counsel declined my offer. Now I am sending JAMS. I also have prepared my MTC Arb. Was wondering when to file that? Any PA savvy folks out there? Do I need a Notice to Defend? I am thinking not, but want to be sure. Does counsel for the OC get a copy of my Motion? Certificate of Service? (I am thinking yes if I have to mail the motion to OC's counsel) I also typed up an Order for the Judge for his convenience, and lastly the Affidavit of Exhibit, which I will have notarized at the court house. Am I missing anything? thanks to all that help here, your advice and experience is invaluable!
  15. I just want to say what a great group there is here and the support in helping others with these problems!