893458.1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CLAUDIA D. DIPRINZIO, :

: Civil Action

Plaintiff, :

:

v. : No. 04-872

:

MBNA AMERICA BANK, N.A., :

: (Smith, J.)

Defendant. :

_______________________________________ :

DEFENDANT MBNA AMERICA BANK, N.A.’S

AMENDED PROPOSED JURY VERDICT FORMS

Defendant MBNA America Bank, N.A. hereby requests that the following jury

verdict forms be submitted to the jury by the Court at the close of this case.

1 MBNA reserves the

right to supplement or change these forms at the close of the evidence offered at trial.

Respectfully submitted,

Dated: September 12, 2005 /s/ Karl S. Myers (VSC # KSM2012)

Paul M. Hummer, Esquire

Karl S. Myers, Esquire

Pa. Id. Nos. 46413 & 90307

SAUL EWING LLP

Centre Square West

1500 Market Street, 38

th

Floor

Philadelphia, PA 19102

(215) 972-7777

Attorneys for Defendant

MBNA America Bank, N.A.

1 Defendant’s Proposed Jury Verdict Forms are “Amended” because a prior

version was submitted to the Court when the matter was pending before Judge Ludwig. This Amended

version accounts for the Court’s dismissal of Count III of the Complaint and Plaintiff’s voluntary

dismissal of Counts II and V, and also accounts for Defendant’s requested bifurcation of Plaintiff’s

punitive damages claims.
893458.1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CLAUDIA D. DIPRINZIO, :

: Civil Action

Plaintiff, :

:

v. : No. 04-872

:

MBNA AMERICA BANK, N.A., :

: (Smith, J.)

Defendant. :

_______________________________________ :

JURY VERDICT

COUNT I – FAIR CREDIT REPORTING ACT

We, the jury, unanimously answer the following questions:

After receiving notice of the plaintiff’s credit reporting disputes from Equifax and

Experian on March 27, 2003:

1. Did the defendant conduct a reasonable investigation of the disputes

submitted by Equifax and Experian?

YES NO

2. Did the defendant report the results of the investigations to Equifax and

Experian?

YES NO

3. For any investigation(s) that resulted in a finding of incomplete or

inaccurate information, did the defendant report the results of the investigation(s) to the other

two consumer reporting agencies?

YES NO
If you answered “YES” to each of the above questions, STOP your deliberations

on this Count. If you answered “NO” to any of the above questions, proceed to the next

question.

5. As a result of the question(s) you answered “NO” above, what are the

plaintiff’s damages?

$

Jury Foreperson
893458.1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CLAUDIA D. DIPRINZIO, :

: Civil Action

Plaintiff, :

:

v. : No. 04-872

:

MBNA AMERICA BANK, N.A., :

: (Smith, J.)

Defendant. :

_______________________________________ :

JURY VERDICT

COUNT IV – NEGLIGENCE

We, the jury, unanimously answer the following questions:

1. Do you find that the defendant furnished false information to the credit

reporting agencies with malice or willful intent to injure the plaintiff?

YES NO

If you answered “NO” to the above question, STOP your deliberations on this

Count. If you answered “YES,” proceed to the next question.

2. Was the defendant’s conduct a factual cause of the harm to the plaintiff?

YES NO

If you answered “NO” to the above question, STOP your deliberations on this

Count. If you answered “YES,” proceed to the next question.

3. Was the plaintiff herself negligent?

YES NO

If you answered “NO” to the above question, SKIP question 4 and proceed to

question 5. If you answered “YES” to the above question, proceed to question 4.
4. Was the plaintiff’s contributory negligence a factual cause of any harm to

her?

YES NO

Proceed to the next question.

5. Taking the combined harm to the plaintiff as 100 percent, what percentage

of that was attributable to the defendant and what percentage was attributable to the plaintiff?

Percentage attributable to the defendant (answer only if you have answered

“YES” to both questions 1 and 2):

_____%

Percentage attributable to the plaintiff (answer only if you have answered “YES”

to both questions 3 and 4):

_____%

Total = 100%

If you found the plaintiff’s causal negligence to be more than 50 percent, STOP

your deliberations on this Count. If you found otherwise, proceed to the next question.

6. What is the amount of damages, if any, sustained by the plaintiff, without

regard to and without reduction by the percentage of causal negligence, if any, that you have

attributed to the plaintiff?

$

Jury Foreperson
893458.1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CLAUDIA D. DIPRINZIO, :

: Civil Action

Plaintiff, :

:

v. : No. 04-872

:

MBNA AMERICA BANK, N.A., :

: (Smith, J.)

Defendant. :

_______________________________________ :

JURY VERDICT

PUNITIVE DAMAGES

We, the jury, unanimously answer the following questions:

1. Do you find that the plaintiff is entitled to an award of punitive damages

against the defendant?

YES NO

If you answered “NO” to the above question, STOP your deliberations regarding

punitive damages. If you answered “YES,” proceed to the next question.

2. What is the amount of punitive damages you have decided to award to the

plaintiff?

$

Jury Foreperson
893458.1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CLAUDIA D. DIPRINZIO, :

: Civil Action

Plaintiff, :

:

v. : No. 04-872

:

MBNA AMERICA BANK, N.A., :

: (Smith, J.)

Defendant. :

_______________________________________ :

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Defendant MBNA America

Bank, N.A.’s Amended Proposed Jury Verdict Forms was served today upon counsel for the

parties by hand delivery, as follows:

John Soumilas, Esquire

Francis & Mailman, P.C.

Land Title Building, 19

th

Floor

100 South Broad Street

Philadelphia, PA 19110

Counsel for Plaintiff

Dated: September 12, 2005 /s/ Karl S. Myers (VSC # KSM2012)