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HomeMy WebLinkAbout03-2661 IN THE COURT OF COMI'4ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., Plaintiff VS. STEPHEN R MONROE, Defendant NO. OS - C,C,I CIVIL ACTION - LAW NOTICE 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 is served, by entering a written appearance, personally of by attorney, and filing in waiting with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint, or document, or for any other claim or relief requested by he Plaintiff. You may lose money or property or other right 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICIA Le hah demandado a used en la corte. Si used quaere defensas de esas demandas expuestas en las paginas, siguientes, used tiene viente (20) dias de plazo al partir de la fecha de lademanda y la notifiation. Used debe presentar una apadencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a last demandas en contra de su persona. Sea avisado que si used no se defienda, la corte tomara medidas y psedido entrar una orden contra used sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en ia peticion de demanda. Used puede perder dinero o sus propiedades o otros derechos importantes para used. LLEVE ESTA DEMANDA A UN ABODOAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE P^GAR T^L SERVlCIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUlR ASSlTANCIA LEGAL. Court Administrator Cumberland County Court House 1 Court House Square, 4th Floor Carlisle, Pennsylvania 1 7013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., : NO. C~,~ Plaintiff : vs. : CIVIL ACTION - LAW STEPHEN R MONROE, : Defendants · COMPLAINT AND NOW, comes the Plaintiff, MBNA AMERICA BANK, N.A., by and through its attorneys, Amy F. Wolfson, Esquire, and the law firm of Wolfson e~ Associates, P.C., and files the within Complaint and in support avers as follows: 1. Plaintiff, MBNA AMERICA BANK, N.A., is a Delaware corporation doing business within the Commonwealth of Pennsylvania, and the other states of the United States, with its principal place of business situated at P.O. Box 15718, Wilmington, Delaware 19850. 2. Defendant, STEPHEN R MONROE, is an adult individual with a last known address of 331 A ST, CUMBERLAND County, CARLISLE, PA 17013-181 7. 3. It is averred that Defendant was issued an open end credit card account. A true and correct copy of the Credit Card Agreement Additional Terms and Conditions is attached hereto, incorporated herein and marked as Exhibit "A". 4. At all relevant times material hereto, Defendant has been a regular user of said charge card for the purchase of products, goods and/or for obtaining services from Plaintiff or Plaintiff's licensees. 5. Defendant has been provided with copies of the Statements of Account accurately showing all debits and credits for transactions on the aforementioned credit card account. 6. Defendant did not object to the above mentioned Statements of Account submitted by Plaintiff to Defendant. 7. Pursuant to the Credit Card Agreement, which Defendant received when the aforementioned credit was issued, the parties agreed that this matter be referred to Arbitration in the event of any claim and/or dispute if the account is referred for collection. See Exhibit "A' as previously identified and incorporated herein. 8. That this matter was referred to Arbitration for determination and disposition, whereby an Arbitration Award was entered against the Defendant and in favor of the Plaintiff for the outstanding balance due. A true and correct copy of the Arbitration Award is attached hereto, incorporated herein and marked as Exhibit "B'. 9. That Defendant has made sporadic and irregular payments 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 card account, as a result of charges made by said Defendant and/or any authorized users is the sum of $c2,532.c~0. 1 I. Despite reasonable and repeated demands for payment, Defendant has failed, refused and continues to refuse to I~ay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff. 12. Pursuant to the Credit Card Agreement, any unpaid and/or delinquent balances on said account shall continue to bear interest at the rate of eighteen (18%) percent. See Exhibit "A" as previously identified and incorporated herein. 13. The amount of contractual interest which has accrued on the aforementioned account from the date of the Arbitration Award, is the sum of $921 14. Plaintiff has retained the services of the law firm of Wolfson ~ Associates, P.C. in the collection of the amount due from Defendant. 15. Any and all conditions precedent to the bringing of this action have been performed by Plaintiff. 16. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, MBNA AMERICA BANK, N.A., respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant, STEPHEN R I"IONROE, in the amount of $9,532.90, plus contractual interest at a rate of eighteen (18%) percent in the amount of $921.43, plus costs of this action and such other relief as the Court deems proper and just. ~fson, Es~e WOLFSON 8~ ASSOCIATES, P.C. 267 East b'larket Street York, PA 1 7403 (717) 846-1252 ID No. 87062 Attorney for Plaintiff 3 VERIFICATION Amy F. Wolfson, Esquire, hereby states that 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, 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 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. Date: ~//~ 267 East Market Street York, PA 1740:~ (717) 846-1252 ID No. 87062 Attorney for Plaintiff EXHIBIT "A" AGMT 90 Your Contract With Us Your Credit Card Agreement with us consists of these Additions] Terms and Conditions and the document calleo the Required Federal Disclosures or the initial Disclosure. You agree to the terms and conditions of this Agreement. For the purpose of the Pdvacg Notlc~, we will use the contained in the third paragraph of the Pn~c~ Notice. For the remainder of the AEreemenL we will use the definition described under the series he,d)nB ~or~ Us~J 0/~ Your privacy is important to us: At MBNA, we are committed to providing you with the finest financial products and services backed by consistently top-qu.a service. And while information about you is fundamenl to our ability to do this, we ful]y recognize the importer of keeping personal and account information secure. To offer you the widest range of products and servic( MBNA may share information about you both within MBNA and Outside of MIiNA With other companies. This allows us to offer you products end services that may mteres[ you aaa oest meet your needs, w~ether' they are available directly'from MBNA or through ou[ relationships with ethel'.companies. We want you to understand our informati~'Q,,gafeguai-ds, what nformati~ we collect, what informatii~ri::we sh~i:e', and the benefits you receive when we share.information about you. This notice describes tl{e~privacy practices of MBN, Corporation and all MBNA affiliates, including MBN,~ America Bank, N.A., MBNA America (Delaware), N.A., Palladian Travel Services, ina, MBNA Hallmark Information Services, Inc. MBNAMarketing Systems Inc., and ME)NA In§iii'sade .~i'~f~ IncJ.:(dbllectively, "MBNA"), for financial products and services governe~ · by the laws of the United States of America. This notice explains MBNA's information c6][ection and sharing practices and lets you choose whether ar not MBNA may share certain information about you, eith, within MBNA or outside of MBNA wi{h other companie Our Security Procedures: MBNA understands the importance of protecting and securing information ah using it appropriately. Access. to information about y¢ is restricted to the people of MBNA who require it to provide products or services to you, We maintain physio electronic, and procedural safeguards that'comply wit federal standards for the security of information. When MBNA shares information, about you with companies outside of MBNA, we require them to · impose safeguards, uae it only for ii permitted purpos, and to return it to us or destroy it.once that purpose i served. We limit the amount of information shared to what is appropriate to offer a product or service effi- cient]y. MBNA requires any company.receNing infor- mation from MBNA to sign a Confidentiality Agreeme) containing these requirements and obligating that company to protect the information as we would. Information We Collect: M~NAcollects and use.~ nonpublic personal information about you to cone our buainess and to consistently deliver the top-qt Customer service you expect from us. Sources information include the following: · information we receive from you on application., and other forms or through your correspondence c communicetion with us including through the mai by telephone, or over the Internet: · Information we receive from third parties, such consumer reporting agencies, to verify statements you've made to us, or regarding your employment, credit, or other relationships; and · information about your transactions with MBNA with other companies outside of MBNA. Info~a~on We Share ~thin MBN~ We may of the information we colle~ about you with financial s ice companies within MBNA to offer additional produ~ so.ices that may intere~ you and best meet your n~d We believe this is convenient lot you and may save you but[ ~ =~.~.,~,,~. T~do~, information (such as name and address), transa~ion experience info~ation (such as purchases and payme credit eligibili~ info~ation (such as credit repo~s applications), and other information. ~e decision to' cha[e any such produce or so.ices is you~ alone. Yc may tell us not to share credit eliglbiii~ information a' you within MBNA, but please unde~tand this does nb prohibit us from offering you additional produce anc so.ices or from sharing transa~ion and experience, identification, and other info~ation ~ithin MBNA. Information We Share With Other: From time time, we may allow companies outside ~[ MBNA to you their produ~s and ~e~ices that may interest yol These products and so.ices may be of[ered by finan so.ice providers Isuch as banks, loan brokers, aCCOL aggregators, insurance agents, insurance companies moAgage bankers, and s~fities broker-dealers), by r financial companies (su~ as retai]e~, d~re~ marke~e: communications companies, Intetnet so.ice provid~ manufa~urers, se~ice companies, travel agents, cru lines, car rental agencies, hotels, airlines, publisher[ and organizations endorsing MBNA financial produ or so.ices), and others (such as nonprofit or8ani~ti Subiect to applicable law, we may share all the info tion we collect with these companies outside of ME unless you teil us not to. Additionally, ~e may share all the information w collect with companies that perform marketing or ( so.ices on our behalf or to other financial institut' with which ~e have ioint marketing agreements. 9 are also permitted by law to share information you with other companies in ceAain circumstance For instance, we may share all of the information' collect with companies assisting us in so.icing yc loan or account, with companies that endorse our products and so.ices through affinity agreements with government entities in response to subpoenas or regulatory reqdiremenYs, and with consumer reporting agencies. If you tell us not to share information with companies outside of MBNA that wish to offer you their products and services, as described above, please understand that we will continue to share information in these additional c rcumstances. important Information AlSout Your Choice: We're dedicated to serving your needs - and to respecting your choices foisted to privacy. You may tell us not to share credit eligibilit~ information within MBNA, and you may tell us not to share information with companies outside of MBNA that wish to offer you their products and services as described above. If you wish to opt out of such information sharing, please call toll-free 1-866-75 l-! 255. We will ask you to verify your identit7 and ~he specific accounts to which the opt out apPlies, so please have all your account, membership, or reference numbers and your Social Security numberor. Taxpayer Identification'number for deposit accounts MBNA app ms opt outs at the acebunt level, not ~y ''~ individual Customer. When any'person.listed with others bn an account opts out (for example, a ;Cb-applicant, oint accoun('holder, or author zed ~Js~r), we'~i'll 'liSt the entire account as having opted out. MBNA will continue to adhere to its disclosed.privacy_practices lot,an account even if it becomes inactive or s c An opt out from in[ormation sharing on an account as described above, 'either with'in' MBNA a~d/or with companies outside oLMBN^, remains effective unless revoked in writing. Federal regulations require us'to', provide this notice on an annual bdsis,'whether or not an 'account has previously opted out from either type of information sharing. Please remember When you receive our subsequent notices that an account previously opted out from either or both types pf informat on shat ng (and not revoked in writing) does not need to be opted out again. This notice updates and rep aces any previous notices from MBNA about the privacy, security, and protection of information. 1¢or additional information regarding MBNA's'privacy:practi'ces:ooncerning the Intemet, and to view ~he mosl~ recent version of this privacy notice, please go to ww~.mbna.com and click on "Privacy Notice." You may have other privacy pro- tections under state laws. We may amend this privacy notice at any time, and we will inforr~ you.of changes as required by law. Words Used Ofte. in Thi~ ~reem~nt "Agreement" or "Credit Card Agreement" means these Addition~,l Terms and Cgnditions and the Requ red Federal Disclosures (or the Initial Disclosurei' ~nd any chan~es maXe to those documents from time to time. "You" and "your" mean each and all ol the persons who are granted, accept or use an account we hold, "You and "your" also mean any other person who has guaranteed payment of this account, wh'en used Jn the sections entitled. We ~o~i~or ~d R~cord T&yAon~ C~lls. and Arbitration ~n~ Liti~ and when u~ed in each of ~he sapiens relatin~ to p~yr this account {Your Promise to Pa~ and H0~ We A Iota e Yom Payments, or exa~p e. ~e," "us," "our" and "M8NA America" ~ean MENA America Sank, N.A. "Card" means a~] the credit cards we issue to you any other ~erson v4th authorization for us6 on tNs acc, ~ursuant ~o ~his Agreement. If we use a capitalized term in this document but we de~ine the term in this document, the term has the mea ~Jven in the Required Federal D~sclosures or the Disclosure, ar as used in your monthly state.eat. We use seQion headings ~such as Wo;~ Usd O~n in ~ ~feement to o?ganize this ~reement. The a~ua te~s of Agreement are in the sentences that follow and not the Si~n Your Card We Ma~t Monitor and Record Telephone C You consent to and authorize MF~NA Amelte..~. any Credit Reporting Agencies If you believe we have furn shed naccurate or incompi name, address, home phone number, and account numb~ and explain what you believe is inaccurate orincornplelo How to Use Your Account You may obtain credit in the form of Purchases and Ca Advances by using cards, access check, your account nut or other credit devices. Please refer to your Required F~d Disclosures or Initial Disclosure ta determine what transact constitute Purchases and Cash .Advances and how you ms obtain them. Transaction Date for Certain Cask Advan, The transaction date for Check Cash Advances and E~al~ Transfers done by check is the date you or the pemon to whom the check is made payable first deposits or cashes ' che~, The transaction date for a returned payment (a Bo: Cash Advance) is the date that the corresponding paymen posted to your account. Purposes for Usin~t Your Account You may use your account for personal family, or housel purposes. You may not use your account for business er commercial purposes. You may not use a Check Cash Advance, or any other Cash Advance, to make a payment ( this or any other credit account with us. You may not usa c permit your account to be used to make any illegal ~'ansaCt Persons Using Your Account If you permit any person to use your card. access checks, account number, or other credit device with the authorization to obtain credit an your account, you may be liable fat all transactions made by that person [ncludini~ transactions for which you may not have intended to be liable, even if the amount of those transactions causes your crediHimit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. How You May Stop Payment on an Access Check You may request e stqp payment on an access check by providing us with the access check number, dollar amount, and payee exactly as they appear on the access check. Oral and written stop.payment requests on an access check are effective for six mont~a from the day that we place the stop payment. You May Not Postdate an Access Chec~ You may not issue a postdated access check on your account. If you do postdate an access check, we may elect to that presented it to us for payment, without in either case waiting for the date shown on the access check. We are not liable to you for any loss or expense incurred by ydu arising out of the action we elect to take. Your Promfse to Pay" You promise to pay us the amounts of ail credit you obtain, which includes all Purchases and Cash Advances. You also promise to pay us all the amounts of gnaece chares. Payments' on Your Account You must pay each month at (east the Total Minimum Payment Due shown on your monthly statement by your Payment Due Date. You may pay the entire amount ~ou owe us at any time. Payments made In any billing cycle that are greeter than the Total Minimum Payment Due witl not affect your obligation to make the next Total Minimum Payment Due. If you overpay or'if there ia a credit balance on your account, we will not pay interest on such amounts. We wilt reiect payments that are not drawn in U.S. doJlam and those drawn on a financial institution located outside of the United States. Payment of yourTotai Minimum Payment Due may not avoid the assessment of Overlimit Fees. Wh~ Yo~ Payment Will Be Credited . to Your Account We credit payments as of the date received, if the payment is: ( I ) received by 2 p,m. (Eastern Time); ~(2) received at the address shown in the upper [eft-hand corner of the front of your monthly statement: (3) paid with a check drown in U.S. dollars on a U.S. financial institution or a U.S. dollar money order: and (4) sent in the return envelope with only the top portion of your'statement accompanying it. Payments received after 2 p.m. on any day including the Payment Due Date. but that otherwise meet the above requirements, will be crgdited as of the next day Credit fc~r any other payments may be delayed up to five days. . , How We Allocate Your Payments We will allocate your payments in the manner we determine. (including new transa'ctlons} with lower APEs bef6re bo[am with hi~her APEs. This will resuit in new balances with a iower APR (e.g., those with promotional APR offers) being paid before any other existing balances. Promise to Pay Applies to All Persons All persons who Initially or subsequently request, accept ~uarantee or use the account are individually and together responsible for any total outstandin{~ balance. He may ref~ to release from liability any person who ia responsib[e to p~ any total outstanding balance, until ail of the cards, access checks, and other credit devices outstandin~ under the at any time under the terms of this Ai~reement. pefault You will be in d~fault of this Agreement if: ( I ) you fail to make any required Total Minimum Payment Due by its Payme Due Date: {21 your total outstanding balance exceeds.your credit limit; or (31 you fail to abide by any other term of this Agreement. Solely for the purposes of determining elicbi[iry anco purchased through MBNA. you will be deemed.in defaull or delinquent if you fail to make a payment within g0 days of rights when you default does not mean that we are una~)ie to exercise those rights upon later default. When We MaF Require lmmedia~ PaFme~ proceeding, as well as reasonable attorneys' ~ees If ~e refe~ salaried employee. Ot~er PaF meat Terms check. We are not liable to you .for any loss or expense' . Payment HoIldaFs payment. We will noti~ you when this option is available. Payment Due each month following a payment holiday. Transactions Made in Foreign C~rrenci2 ii dollar amount in accordance with the operating regulationa or · ~ conversion procedures in efte~ at the time that the transaction ~ is processed. Currently. those regulations and procedures ! provide that the cuITency conversion rate to,be used is e~her ~ H~ a wholesale market rate or (2) a ~avernmen~-manda~ed ra~e ~ in effec one day prior to ~he processin~ date. increased by one ~ percem in ea~ ~se. Visa ar Maste~ard re~ains this one percent ~ as compensation ~or per[orm~n~ the cuF¢~ conversion se~- ~ ice, The curren~ conversion rate in e~[ec~ on the :~ da~e may differ [r5m the rate in effect an the ~ransa~ion { ar ~he pas~[n~ da~e. ~ Billi~ CFcle ~ Yo~r billin~ ~de ends e~ch month on a Closing Date ~ de~ermined by us.. Each billing ~cle begins on the day ~ker  ~he CJosin~ Date'of ~he pre~ous bill[nE ~c[e. reflects a single bil n~ ~cle. ' ~tat~ment .~ Account .Fees':~"C~es ~' '.:'.: .~ Account Fees: The ~aIlowin~ fees. which are set [o~h on ;~ Required Federal Disdos~res onlnit]al Disclosure are~r~ :~: as Purchases in the billing ~de n which the fees ac~: ] (I ].a Late Fee ff the Total Minimum Payment Due shown on Payment Due. Date~.. ~:. 2) an Overflmff Fee if'your New. Balance Tara exceeds ~our credit lim[~ on the last day of a billing ~c e. even if ~ees ;or · ]: finance char~es ch~ed'~y..,s ~ase your Ne~: ~ a~ce Total" ~ to ~ed your credit limit: an Overi[mit Fee is char~ed to your accoun[ as o[ ~he day ~n the billin~ ~le that your total out. ~ s~andinE balance on your. account ~ceeds your credit limit: g~) e ReSumed Pa~ed~:F~e:ff a paymen~ on:your a'ccount returned ~or insufficient'funds or or any other raason, even I~ Is'paid upon subs~u~n(presen~ment; (4] a Returned Cash ~e~ce ~he~ ~ee ff we'~etum an access check unpaid for any (easbn, ~ve~ If the access che~ is p~id ' upon subsequen[ presentment 13} a Copy Fee for each copyo[ a monthly s~atement or sales drak, except that the six most ~ecent monthlystatements and six sales draEs will bq~rovided for free; a~d (6) an Annual Fee ff your aqcount s open or if you maintain an account balance, whether, yoU haye a~ive char¢in~ privileges. or ~o[. Abandoned Prope~ Charge: Units prohibited b~ applicable law, we will charge yo~r accounL as a Pu'r~ase, for any cos~' incurred by us associated ~lth camp[?[ng with ~ate abandoned prope~ laws. · · Pl~ase review you~ Required Federal Disclo~res or Disclosure ~or addRiona] gees and char~es t~at may apply your accounL We may offer you ce~in benefits and sauces ~ith your a~ount. Unless expressly made a pa~ of ~his ~mement. any such: benefi~ or sauces'are not a ~'o[ this ~mement, but are subie~ m [he te~s and restriCions outJl~ed i~ ~he benefits brochure aad o~her official documents prov[d~ ~o you rom time to time by or 0n beha f o MBNA'America We may adjust, add, or delete behefits and semis at any ~ime and w thout no,ice t6 you. Re,sol to Honor Yo~r Acco~nt · We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number ~ or any check written on your account, We are not liable for 7 any retention at your card by us, any other bank, orany provider of goods or seFvices. We Ma~ Suspend or Close Your Acco~ nato your right to use your account. Wa may do this at ~ time and tar any reason. Your obligations under this destroy all cards, access checks or other credit devices a You May Close Your Account You may close ~,our account by noti~/ing us in svriting telephone, and destroying ell cards, sccess chec~ or off credit device~ an the account. Your oblige[ions under th Agreement continue even after'you h~ve d~ne this. Transactions AFter.Your Account ls Cio,, When your account is closed, you must contact aayone authorized to charge transactions to your account, such as interne[ service providers, health dubs or insurance comp; These transactions may continue' to be charged 'i;o your nccnHnt imrl] tznu chnnae the billing. Also, ffwe belie~,: have autheriz~ a transaction or are a~empting to us~ account aHer you have requested to close the acco~R[, ~ may allow the transaction to be charged to your account We MaF Amend T~ls Agreement We may amend this Agreement at any time. We may amend it by adding, deleting, or'changine provisions oft A~reement. When we amend this Agreement we will car with the applicable notice requirements of [~eral and. Delaware law that are in eff~ at that. time. If an amend elves you the oppo~unity to reject the ~ahee and i~ you the change in the manner provided In ~ch amendment, ~ may ~erminate your right to receive credit a nd may ask y return all credit devices as a con'dition al your relation. amended ~reement (including any hi~her m~e or other I charges or fees) will apply to the total outstanding balar Indudin~ che balance ~istin8 be~ore the amendment be~n eff~tive, we may replace your ~rd with another card ar anl We MaF Serf Your Account We may at any time, and without notice to you. sell, ~ or transfer your account, any sums due on your accounL Agreement, or our rights or obligations under your acco~ this ~reement to any person or enti~. The person or e to whom we make any such sale, assignment ar transfer be entitled, to all of our rights an~or obligations under ~ Agreement, to the ~ent sold, assign~ or t~nsferted. Your Credit LimJt Your credit limit is disclosed to you when you receive card and. generally, on each monthly statement. We ms change your credit limit tram time to time. The amount shown on your monthly statement as Ca Credit Available does not take into account any Purchas Cash Advances, finance charges, tees, any other transaC or credits which post to your account after the Closing t of that monthly statement. Such transactions could ret your credit limit being exceeded and result in the asses: of Overlimit Fees. What We May Do if You Attempt to Exceed Yohr Credit Limit The tote[ outstanding balance on your account plus authorizations at any time must not be more than your credit limit. If you attsmpt a transaction which resuIts in your total outstanding balance (plus authorizations) exceeding your credit limit, we may: ( 1 ) permit the transaction without raising your credit limit: (2) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the transaction that it has been refused [f we refuse to permit a Check Cash Advance or Balance Transfer, we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused, that there are insufficient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner. If we have previously permitted you to exceed youi: credit limit, it does not mean that we will permk you to exceed your ctedit limit again. If we deci~e to permit you to exceed your credit limit, we may charge an Ove[Iimit Fee ~ provided in th ~ ,~reement. Please notify ua immediately of the loss, theft, or possible uneuthodzedtiJ~e of y~ur account at 1-800-421-2110, You Must Notir~ Us When You Cfiange Your Address ' We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to your address. When you change your address, you must noti~ us promptly of your new address, w~at ~ This Agreement is made in Delaware and we extend credl~ to you from Delaware. This Agreement is I~ovemed by the laws of the State of Delaware (without regard to im conflict of I~ws principles) and by any applicable federal laws. Tile Provisions o'[ This Agreement ar~ Seuera~le If any provision of this A~reement is found to be invalid, the remaining provisions will continue to be effective. Our Rights .Continue Our failure or delgy'in exercising any of our rights under this A~reement does not mean that we are unable to exercise those rights later. Arbitration.and Litigation This Arbitration and Litigation provision applies to you unless you were given the opportunit7 to re{ect the Arbitration and Litigation provisions and you did so reiect them in the manner and timeframe rec[uired, If you did relect effectively such a provision, you agreed that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute ('Claim') by either you or us a~sinst the other, or against the employees, agents or assigns of the other, arising from or relating in to this Agreement or any way any prior AEreement or your account (whether under a statute, in contract, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief), including Claims re~ardin~ the applicability of this Arbitration and Litigation Section or'~he validity of the entire At,:reement o any prior A~reement. shall be resolved by binding arbit.rati, The arbitration shah be conducted by the National Arbittat Forum f"NAF'), under the Code of Procedure in effect at the ti theClaim is filed. Rules and forms of.the NationalArbitrat[ol Forum may be obtained and Claims may be filed at any Natic Arbitration Forum office. ~ arb-forum corn. or P.O. Box 501 Minneapolis. Minnesota 55405. telephone 1-800-~.74-237l. If NAF is unable or unwillin6 to act aa arbitrator, we may sut stltute another nationally recognized. Independen[ arbitrat orsanizatian.that uses a similar code al procedure. At you decide ~vho will be ultimately responsible for payin8 those fees. in no event will },au be required to reimburse us ['or i arbitration [ilin~. administrative or haarine fees in an amo~ Claim had been resolved in a state court with jurisdiction. Any arbitration hearing et which you appea.,r.wiH take place wfthin the fffderal udicisi district that includes ~'our billfn~ address at the time the Claim is filed. This arbitration asr~ commerce and shall be ~ovemed by the Federal Arbitratiol Act. 9 U.S,C, ~§ !-16 ("FAA'). ludsmedt upon an~ arbi[ratk award may be entered in any court havini~ ~urisdi~ion. The and shall honor any claims or privilet]4 recottnized'by law. Ii" the reasons for the sward. No Claim submitted t& arbitration is heard by a iury an~ sale of the debt by us. officers, directors, employees, assets a~d assisns or any a all of them. Additionally; '~.ve" or "us" shall mea~ any thir¢ companies, debt collectors and all of their officers, directc employees and a~ents) if. and only if. such a third party ia named by you as a co-defendant in any Clai~.¥ou assert found to be invalid or unenforceable under any law or sta~ invalidity or unenforceability. iHAVE BEEN TRIED BEFOREiA ]URY.,AS CLASS ACTIONS OR PRIVATE ATTORNEY GENERAL ACTIONS. iCREDIT INSURANCE BENEFITS, ~:LIMITATIONS, COSTS & EXCLUSIONS !CONSUMER PROTECTION.DISCLOSURES ' .' " !CREDIT INSURANCE IS: NOT A DEPOSIT;"NOT FDIC- : INSURED; NOT INSURED BY ANY FEDERAL GOVERNMENT iAGENCY; AND NQT GUARAN?EED BY THE BANK,.. ! I PURCHASE. OF CREDIT INSURANCE IS NOT. A CONDITION iOF OBTAINING CREDIT. IF cOVERAGE IS DESIRED, IT MAY BE PURCHASED ELSEWHERE. ! Credit'lnsu~ance paysyou.r.mi~imum monthly payment' i up to your balance on the'HaZe df 10ss (not to exceed S25.O00. [except disability In MN), until~o~ retum to work" if you are [ invdluntarily unemployed, totally disabled, or if you or you r ispouse takes covered family leave: Credit Insurance also pays your insured outstandins"oalance up to th~ least of your !outstanding balance, your credit limit not AL. ~, AR, DE. ~C, ID, l~, IA. ~. MD, MN, ~S, NV, ND, OH, OK, I ~A, ~ & ~), or S25,000 if you d e. * ' ~' Eli~l~iltw: One Insured per account (insured must'be the e i~ b el, under age ~6 (70 n ~, NV & VA; 71 In ~, GA,'M, i MO b OK: 72 in NM). Your coverage ends at these same ages '.(except family leave in ~,FL & SD & unemployment). Whe~ enrolled, ce~ificates will be mailed explaining your coverage & effe~ive date. In MN, unemployment coverageis effective ~ 61 days [rom ~ur ce~ifi~te effe~ive date. For unemple~ent ~ or hmily leave benefits, you must'be gainfully employe~ ' ~ ~orkin~ at least 30 h~wk (not self;employed er an Iffdependent ,, contra~or) for 90 consecutive days before the date of loss ' [. CO - before applicatioh date), (PA - on the date of loss). ~ (TX- before coverage effe~lve date for unemployment). Employees of professional co~orations may be eligible. death; invo unta~ unemployment due toiob loss, general ; strike, unionized labor dispute; or Idckou~;'tota] disability due I to sickness o~ in~u~ if you are unable te pe~orm the material ;, & substantial duties o[ your job (or any lob after 12 mos. tn ~ PA; ~8 mos. in AL.~, AR, CA, DE. DC, GA, HI. ID, ~L, IA, ~ ~, MD, MN. MS. NV,:Nh.ND. OH, OK, RI, SD, TN, ~. WA, ~. WI ~ ~); your or your spouse's unpaid leave of absence [ child or an in~padtated Immediate family member (mpst be ~ s~use, child, ste~hild or parent in ~); man~to~ recall to ~ active milita~ duty; ju~ duW (except In ~); or residence in ~ a federally declared disaster area. ~ss (not death)must ] continue at least 30 days befdre benefits begin. In NY. for.. ; strikes, unionized labor disputes ~ ~ockouts, you.must be. ~ unemployed for ? consecutive weeks & quali~ for state unem- ~ pl~yment benefits before benefits be~in. A daily benefit is ~ paid for each day of loss over 30 days for unemployment in ; NY ~ PA. and disabili~ in ~. CT, CA, NY, MI, PA, RI ~ You may cancel this coverage at any time. If canceled within ~ the first 30 days of coverage, all premiums will ~, refunded. , Excluslo~s~ Life~ suidde.i~the first ~ months:o(~erage i (not MD & MO). Involunta~ U~employment: retirement, ) resignation, volunta~ forfeiture of income or ~ob loss due to :, ~itlful or criminal misconduct, di~abifi~, strikes in 'IL.' · discharge in NY & normal seasonal unemployment in~. ; Olsab~lity: normal pregnanw or childbi~h (not ~. MA b NV), ; intentionally self-inflicted injuries (not MD), or a pre-existing ~ medical conditioo during first 6 months of coverage (not Family leave benefits are not paid U you are eligibIe for o~ receiving une~ployme, nt benefits or are disabled. This is only a brief.description of coverage, and coverage~ vary by state. Please refer [? your certificates for a full explanation of coverage. Costs oer ~ I OO oer Month of Average Dally Balanr~ Costs apply to Li~e (L), Disability (D), Unemployment (U) & Family Leave (Fl: AL )4.)~: AK 78c: ~ 9g.9¢: A~ 99¢; ~ 89.9c; CO ~0.O6c; CT 42.8gc; ~ 99.9c; DC 99.gc; FL 89c; GA 90.8c; HI 89.9 [~: 1g 99.5c JL 8:6c, D ]6.9c, U 54~, F 20c]; IL 80.97c; IN 96¢: IA 97.8c (L 7.'2c, D 16.6C, U 54~, F 2ge}; KS 8~.47c: KY 97.4c; ~ 99.93~: ~E' ~3.05C;'~D 79.74~,, ~A MI 85.7c: ~N 31.47c; MS 9~.5~: MO 61.1c: MT 93.9c: NE 95.8c; NV 99.87c; NH 95c: N] 97c: NM D8.9¢: NY 5;.5¢ (L 8.8c, D 26.8c, U 16.9c); NC ?I.~C; ND 94.97c; OH 99.9c: OK 97.47c; OR 80.8c; PA ~8.1c; ~R 99c~ RI 99.8c; SC 78.8¢; SD 99.9C;TN 92.~c: TX 33.7c (L 4.8c, D 12.gc, U J6c); UT 90.44C; ~ 34.92c (L 6.68c, D 12.24c, F 16~); VA 84c (L 6.1~, D 8.9~. U 49C, F 2OcJ; WA 89.39C; ~ 99.5c; WI 9~.6¢ (L 5.7c, D 8,9c, U ~9c, F 20cj D ~ 99.7c. Av. ilabili~: Involunta~ Unemployment is not available ~A ar ~. Family Leave is no~ available In AL. CT, ~, ~D, MN, NM, NY, PA, or ~. Under~ritln~ Comoanies/Pollcv: involuntary Unemployment: American Security/LOllS/85), LOI NY(3/g3). AS LOI TX(I 1/99), LOIC-IP-K$(2~61, LOIC-IP-CR$-k4EtD/fiS) and LOIC-IP: Standard Guaranty/SG LOI (5/85) (NH only). Life & Disability: Union Security Life/L-I-Z, L-S-G in AL. AZ, AR. DE. DC, ID, IL, IA, KS, LA. MD. MN, MS, NV, ND,.OH, OK, RI, SD, VI';.WA, WV & WY; Standard Guaranty Life (TX only)/ L-I-Z[B/g2)(3.53RA), First Forti$ Life (NY Life onIyJ/NYLM00I 3 American Security (NY Disability only),GV-$.^. ForUs Insurance (ME only)/U-X-A. Family Leave: American Security/FLP (4/97). FLP-FL(I:2/9?} in FL, FLP-NC (3/98) in NC FLP-OK(4/97) in OK, FLP-VA(:2/98) ia VA, FL-IF(AZ)(7/98) in AZ. FL-IP(4/97} in lb & IH, FL,-IP-KS (12./97) In KS, FL-IP-ME (4/~9) in ME: FL-IP-'9,/Y(4/97} in WY; Standard Ouaranty/FLP (4/97) in NH; Union Security Life/FLP-~YT(4/97) in VT. $oiJcitin( agents [ar Mississippi and Florida ara Charles M. Gordon and Pamela Curtis respectively, The creditor may receive compensation in connection with this offer. It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties inc)ude imprisonment and/or fines, In addition an insu ret may deny insurance benefits if false information materially related to s claim was provided by the applicant. 'Less past due and over credit Iimit amounts. In Nil, cover. age pays 5% of the balance on your date of disability up to $12~0. In OR. coverage pays the.greater oi' 1/36th of the bal- ance or the current minimum payment due on your date of loss. in NY & PA, coverage paysthe minimum payment due on your date of loss. In TX, coverage pays the greater of 6% ~ your insured outstanding balance on your date of unemploy- ment or your minimum monthly payment. · 'The number of monthly benefit payments will not exceed 9 for family leave: 12 for unemployment in AL, AK. ~ IL. Nil, MN MO, NM, NC, NY, PA, SC & TX; 1:2 ~'or disability in AJ(, CO, CT, FL. KY. MA, MO, MT, NE, NH, NM, NC, OR, SC, UT &VA. wN~ril NI &. TX Residents Only: To purchase coverages aeparate[{ rite to Ass~Urant Group, R O. Box 50355. Atlanta. GA 30302. J Applications will be sent to you. _ 12 2/9/01 MBN^ULOI (MBNA- L/D/Uncapped LOb'FL) 25000 DI$C--IOI MBNA America® and GoldP[us® are federally regis:ereci ser~i marks ol~ MBNA Amedca Bank. N.A. '[ © 2000 MBNA America Bank. N~. AGMT90 (Revised 4/2001) EXHIBIT "B" MBNA America Bank, N.A. c/o Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 702 King Farm Blvd, Two Irvington Centre Rockville, MD 20850-$775 CLAIMANT(s), Stephen R Monroe 331 AST Carlisle, PA 17013-1817 NATIONAL ARBITRATION FORUM ® AWARD MBNA America Bank, N.A. v Stephen R Monroe File Number: FA0208000120648 Claimant File Number: 4264299018070509 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: 1. That no known conflict of interest exists. 2. That on or before 08/16/2002 the Parties entered into an agreement providing that this matter shall be resolved in accordance with the Forum Code of Procedure. 3. That the Claimant has filed a claim with the Forum and served it on the Respondent. 4. That the matter has proceeded in accord with the applicable Forum Code of Procedure. 5. The Parties have had the opportunity to present all evidence and information to the Arbitrator. 6. That the Arbitrator has reviewed all evidence and information submitted in this case. 7. That the information and evidence submitted supports the issuance of an Award as stated. Therefore, the Arbitrator ISSUES: An Award in favor of the Claimant, for a total amount of $9,532.90. Entered in the State of Pennsylvania Sherry R. Wetsch, Esq. Arbitrator Date: 11/14/2002 ACKNOWLEDGEMENT This Award was duly entered and delivered to the parties on this date. Honorable Harold Kalina Director of Arbitration I 1 / 14/2002 SHERIFF'S CASE NO: 2003-02661 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAIqD MBNA~d~ERICA BANK NA VS MONROE STEPHEN R RETURN - REGUIJtR DAWN KELL , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE was served upon MONROE STEPHEN R DEFENDANT , at 1549:00 HOURS, on the 6th day of June at 331 A STREET CARLISLE, PA 17013 DAWN MONROE, WIFE a true Sheriff or Deputy Sheriff of who being duly sworn according to by handing to the and attested copy of COMPLAINT & NOTICE together with law, , 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 3 Affidavit Surcharge 10 31 00 45 00 00 00 45 Sworn and Subscribed to before me this /2~ day of c~_~ ,A.D- t~ro~honotary ' . So Answers: R. Thomas Kline 06/09/2003 Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff VS. STEPHEN R.MONROE Defendant No. 2003-02661-P PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff and against Defendant, STEPHEN R.MONROE, for want of ANSWER TO COMPLAINT. (X) Amount due Interest from 11/14/2002 Attorney's Commission Filing costs TOTAL $9,532.90 $ to be determined $ 0.00 $ to be determined $9,532.90, plus interest and costs ( X ) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ( X ) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ( X ) Pursuant to Pa.R.C.P. 237.1. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is at~c, gl~. ~ / D ATE: ~'--"-~A::~ ~ oQC-~> Signature: i~/'7//C~/~-2/~/9(//~.~ (] ~m~ F. WCson, Esquire // ID#: 87062 ~/ Attorney for Plaintiff / 267 East Market Street York, PA 17403 (717) 846-1252 NOW. , 20Ot.~, JUDGMENT IS ENTERED AS/~BOVE. Prothonotary Cler , Civil Div' ~h Depoty ATrORNEYS Daniel F. Wolfson Amy F. Wolfson Philip C. Warholic James K. Reed" Gordon A. Lynn PARALEGALS Michele M. McHugh Melissa D. Sweeney June 26, 2003 WOLFSON & ASSOCIATES, P.C. Attorneys at Law 267 East Market Street York, Pennsylvania 17403 (717) 846-1252 (800) 321-8467 FAX (717) 848-I 146 e-mail: dfwolfson ~,debtcollection.net BRANCH OFFICE: 8ManchesterStreet Glen Rock, PA 17327 (717)235.5014 PLEASE FORWARD ALL CORRESPONDENCE TO THE YORK OFFICE STEPHEN R MONROE 331 A ST CARLISLE, PA 17013-1817 RE: MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGYON DE 19884-141 l rs. Docket NO. (CP CUMBERLAND COUNTY) Collection Matter Dear Mr./Ms. MONROE: We enclose a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, WOLFSO-bl ~ ASSOCIATES, P.C~. Enclosure THIS LETTER AND ANY FUTURE LETTERS FROM OUR FIRM ARE AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff VS. STEPHEN R. MONORE Defendant CUMBERLAND COUNTY, PENNSYLVANIA : No. 2003-02661-P TO: STEPHEN R MONROE 331 A ST CARLISLE, PA 1 7013-1817 DATE OF NOTICE: .June 26, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House 1 Court House Square, 4~h Floor Carlisle, Pennsylvania 17013 (717) 2~-0-6200 AMY'S. Woff.~n, Esqulre~/' WOL'FSON~ ASSOCIATES, PC. 267 East Market S~teet York, Pennsylvani~ 17~03-2000 Telephone: (717~' 8~-6-1252 I.D.# 87062 c~ Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411, Plaintiff VS. STEPHEN R. MONROE, Defendant No. 2003-02661-P (x) Notice is hereby given that a DEFAULT JUDGMENT in the above-captioned matter has been entered against you in the amount of $9,532.90, plus interest, reasonable attorney's fees and costs, on ,,.-)6~ ~. ~ ,20~)~L_. A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Prothonotary Civil Division (~ If you have any questions regarding this Notice, please .contact the filing pa/ty. 1t~o 267 E~t Marke~gStreet York, PA 17403 (717) 846-1252 (This Notice is given in accordance with Pa.R.C.P. 236.) NOTICE SENT TO: STEPHEN R.MONROE 331 AST CARLISLE,PA 17013-1817 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. : NO 2003-02661'P VS Plaintiff Defendant STEPHEN R. MONROE PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY OF SAID COURT: Please vacate the above captioned judgment entered on ]uly 23, 2003. The Plaintiff has been notified that the Defendant filed Chapter 7 Bankruptcy. Date: Respectfully submitted, ~my F. Wc~sc~n, WOL SO ^SSOF}'^TES, P.C- 267 East Market York, PA 17403 (717) 846-1252 ID No. 87062 Attorney for Plaintiff MBNA AMERICA BANK, N.A., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO 2003-02661-P Plaintiff Defendant ¥S STEPHEN R. MONROE, ' CERTIFICATE OF SERVICE AND NOW, this thirtieth day of July, 2003, I, Amy F. Wolfson, Esquire, do hereby certify that I have served a copy of the foregoing Praecipe to Vacate Judgment upon the Defendant by Regular Mail - Postage Pre-Paid, addressed as follows: Stephen R. Monroe 3:31 A Street Carlisle, PA 17013-1817 Amy F. Wo,~son, E~'~i~ WOLFSO~ ~ A _~O,/CIATES, P.C. 267 East Market ~tffeet York, PA 17403~, (717) 846-1252' ID No. 87062 Attorney for Plaintiff