HomeMy WebLinkAbout03-3792
MBNA AMERICA BANK, N,A.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 03 - 3~d....... C'Ul[~~
vs,
CIVIL ACTION - LAW
KAREN E RUCH.
Defendant
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 ajudgment 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 LA WYER AT ONCE, IF YOU DO NOT HAVE A
LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH TO
FIND OUT WHERE YOU CAN GET LEGAL HELP,
NOTICIA
Le han demandado a used en la corte, Si used quaere defensas de esas demandas expuestas en las
paginas, siguientes. used ticne viente (20) dias de plazo aI partir de la fecha de lademanda y la
notifiation, Used debe presentar una apariencia escrita 0 en persona 0 par abogado y archivar en la corte
en forma escrita sus defensas 0 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 0
notificacion y por cualquier qucja 0 alivio que es pedido en la peticion de demanda, Used puede perder
dinero 0 sus propiedades 0 otros derechos importantes para used,
LLEVE EST A DEMANDA A UN ABODOAGO IMMEDIA T AMENTE, Sl NO TIENE ABOGADO 0
Sl NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO V A Y A EN PERSONA 0
LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASSITANCIA LEGAL.
Court Administrator
Cumberland County Court House
1 Court House Square, 4'" Floor
Carlisle. Pennsylvania 17013
(71 7) 240,6200
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK. N,A..
Plaintiff
NO. 0.3 - j79~
C/~~l ~Er4.~
vs,
CIVIL ACTION, LAW
KAREN E RUCH.
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 & Associates, P,c., and files
the within Complaint and in support avers as follows:
I, Plaintitl 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. KAREN E RUCH, is an adult individual with a last known address of
315 2ND ST. CUMBERLAND County, ENOLA,P A 17025,3208,
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 Plaintifffor
the outstanding balance due. A true and correct copy of the Arbitration A ward is attached hereto,
incorporated herein and marked as Exhibit "8",
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
anv authorized users is the sum of$12,429.61.
11, 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 Plaintifr
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$612.97.
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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, KAREN E RUCH,
in the amount of $12.429.61. plus contractual interest at a rate of eighteen (18%) percent in the
amount of$612,97, plus costs of this action and such other relief as the Court deems proper and
just.
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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 PlaintitI
The undersigned understands that talse statements herein are made subject to the
penalties of 18 Pa,C.S. Section 4904, relating to unsworn falsification to authorities.
Date: <? IL\ I 03
EXHIBIT "A"
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Your Contract With Us.
Your Credit Card Agreemer}t with us consists of these
Additional Terms and Conditions and the document Cliled
the Required Federal Disclosures or the Initial Disclosure.
You agree to the terms and conditions of this Agreement,
For the purpose of the Privacy Notice, we will use the definltic
contained in the third paragraph of the Privacy Notice. For
the remainder of the Agreement, we will use the defjnitior.~
described under the section heading Wards Used OiteH 111
This Agreement.
Privacy Notice
Your privacy Is important to us: At MBNA, We are
committed to providing you with the finest financial
products and services backed by consistentiy top-qual
service. And while Information about you is fundament
to our ability to do this, we fuiiy recognize the importar
of keeping personai and account lrilorination secure.
To offer you the widest range of products and service
MBNA may share information about you both within
MBNA and outside of MBNA with other companies,
This aiiows us to offer you products and services that
may Interest you and best meet your needs, Whether
theY are available directly"from MBNA or through OUI
relationshIps with otheh:ompanies. We want you to
understand our Information,!l8feguards, what infonnat"
we collect. what informatlori'fwe share, and the benefits
you receive when we share:information about you.
This notice deSCribe~ t~e'privacy pr~ctices of MBN,
Corporation and all MBNA afflilates, including MBNf
America Bank. NA., MBNA America(Delaware),N.A.,
Paliadian Travel Services, Inc:, MBNA Halimark
Information Services, Inc., MBNA Marketing.Systems,
Inc., and MBNA Insurance Ag~riq; Inc.'(cbliectiveiy,
"MBNA"), for financial products and services governe,
.by the laws of the United States 0.1 America. This
notice explains MBNi\s ln.formation collection and
sharing practices and. iets you choose whether or not
MBNA may share certain information about you, elth,
within MBNA or outside of MBNA with other companie
Our Security Procedures: MBNA understands the
Importance of protecting and ,securing information an
using it appropriately. Access,to .informatlon about y'
Is restricted to the people of MBNA who requi re it to
provide products or selVlces to you. We maintain physio
electronic; and procedurai safeguards that"ccimply wit
federal standards for the secur,lty ,of information.
When MBNA shares information'about you with
companies outside of MBNA, we require them to
Impose safeguards, use It only for a permitted purpo~'
and to return it to us or destroy it,once that purpose 1
served. We limit the amount of information shared to
what Is appropriate to offer a product or service effi-
ciently. MBNA requires any company. receiving in.for-
mation from MBNA to sign a Confidentiality Agreeme1
containing these requirements and obligating that
company to protect the information as we would.
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Information We Collect: 1v!BNA colJects and uses
nonpublic personal information about you to cond
our busi ness and to consistently deliver the top-qu;
Customer service you expect from us, Sources of ti
Information include the following:
. Information we receive from you on applications
and other forms or through your correspondence 0
communication with us including through the mail
by telephone. or over the Internet:
. Information we receive from third parties. such a
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.
Information We Share Within MBNA: We may shar
of the information we collect about you with financial s
ice companies within MBNA to offer additional produo
services that may interest you and best meet your need
We believe this is convenient for you and may save you
Lull, .ill'. dl,d ,",-,""y. To d5 so, ife :;harc identlficatier
information (such as name and address). transaction a
experience information (such as purchases and payme
credit eligibility information (such as credit reports an:
applications!. and other information. The decision to'
chase any such products or services is yours alone. Yc
may tei! us not to share credit eligibility Information a'
you within MBNA. but please understand this does nc
prohibit us from offerin{lYou additional products ane
services or from sharin{l transaction and experience.
Identification. and other information within MBNA.
Information We Share With Others: From time
time. we may allow companies outside of M8NA to:
you their products and services that'may interest yO!
These products and services may be offered by finan
service providers Isuch as banks. loan brokers. aCCOL
aggre{lators. insurance agents. insurance companies
mortgage bankers, and securities broker-dealers). by r
financial companies (such as retailers. direct markete'
communications companies. Intemet serviCe providl
manufacturers. service companies. travel agents. au
lines, car rental agencies. hotels. airlines. publishers
and organizations endorsing M8NA financial produ
or servicesl. and others (such as nonprofit organizati
Subiect to applicable law. we may share all the info
tion we cai!ect with these companies outside of ME
unless you tell us not to.
Additionally. we may share a\l the information w
collect with companies that perform marketing or:
services on our behalf or to other financial institu!"
with which we have ioint marketing agreements, V
are also permitted by law to share information ab'
you with other companies in certain circumstance
For instance. we may share all of the information'
collect with companies aSSisting US in servicing yc
loan or account, with companies that endorse our
products and services through affinity agreementS
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with government entities in response to subpoenas or
regulatory requirements, 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 circumstances.
Important Information About Your Choice: We're
dedicated to serving your needs - and to respecting
your choices related to privacy, You may tell us not to
share credit eligibility information within MBNA. and
you may tell us not to share information with companies
outside of MBNA that wish to oUer you their products
and services as described above, If you wish to opt
out of such information sharing, please call toll.free
1-866-751-1255. We wili ask you to verify your identity
and ihe speCific accounts to which the opt out applies,
so please have all your account. membership, or
reference numbers and your Social Security number.or
Taxpayer Identification'number for deposit accounts '
:JvJibble \xhcn )'ou CJII.
MBNA applies opt outs at tneacco'unt level. not by:"
Individual Customer. When ariy'person:listed with 'others
on an account opts out (for example:a 'ro-applicant, joint
account"holder. or authoriied user), we'wfll'list the entire
account as having opted out. MBNA will continue to
adhere to its disclosed,privacy..practices fotan account
even if it becomes inactive or. i~'c1osed, ..'
An opt out from information' sharing onan account
as described above, 'either wlthln',MBNA arld/orwith
companies outside ofMBNA. remains effective unless
revoked in writing. Federal regulations require us to',
provide this notice on an annual basis: whether or not
an 'account has previously opted out from either type
of information sharing. prease remember. when you
receive our subsequent notices that an account previously
opted out from either or both types 9f information sharing
(and not revoked In writing) does not need to be opted
out again.
This notice updates and replaces any previous
notices from MBNA about the privacy, security. and
protection of information, For additional Information
regarding MBNA:s'privacy:practices:concerning the,
Internet, and to view the most recent version of this
privacy notice. please go to www,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 Inform y'ou,of changes
as required by law,
Words Used Often in Tliis Agreement
"Agreement" or ftCred!t Card Agreement" means these
Additional Terms and Conditions and. the Required federal
Disclosures (or the Initial Disclosure)' and any changes we
make to those documents from time to time.
"You" a.nd "your" mean each and all of the persons who a~e
granted. accept or use an account we hold. "You and "your"
also mean any other person who has guaranteed payment of
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this account. when used In the sections entitled, We MI
Monitor /il1d Record Telepnont Calls. and Arbitratian and LiUac
and when used in each of the s~ctions relating to pa'l~
this account (Your promise to Pay, and How We AlIoCllU Ya~
Payments, (or example).
"We.""us,~ ~our" and "MBNAArnerica" rnem MBNA
America Bank, NA
"Card" means all the credit cards we issue to you an;:
any other person with autnorl1ation for use on this accc
pursuant to this A15r!ement.
"Access check" means an access check we provide to'
make a Check Cash Advance on your account.
If we use a capitalized term in this document but we (
define the term in this document, the term has t.he. meal
given in the Required Federal Disclosures onhe Initial
Disclosure, or as used in your monthly statement.
We use sea/on headings (such as, Words Used otun in inis
Aqreemetllllo o'rganize chis Agreement. The actual terms of t
Agreement are in the sentences that (ollow and not the hea.
Sign Your Card
VQIJ :hould ~~n four CdlJ Lt:fulC yvu U;:.l; i~.
We May Monitor and Record TelepJione C
You consent to and authorize MaNA Amedca, sny of il
affiliates, or its marketing associates to monitor and/or n
any of your telephone conversations with our represental
or the representatives of any of those companies.
Credit Reporting Agencies
You authorize MBNA America to eollect information abc
you. including credit reports from consumer reporting agen
I( you believe we have furnished inaecurate or lncompl
information about you or your account to a "credit reporti
agency. write us at: MBNA, Credit Reporting Agencies. P,C
Bo' 17054, Wilmington. DE 19884.7054. Please In,ludey
name. address. home phone number, and account numb~
and explain what you believe Is Inaccurate or incomplete
How to Use Your Account
You may obtain credit in the form of Purchases and Ca
Advances by usIng cards, access checks, your account nlln
or other credit devices. Please refer to your Required Fed
Disclosures or Initial Disclosure to determine what transact
constitute Purchases and Cash Advances and how you me
obtain them.
Transadion Date for Certain Casfr Advan.
'The transaction date for Check Cash Advances and Sale
Transfers done by ,heck Is the date you or the person to
whom the ,heck is made payable first deposits or cashes .
check, The transaction date lor a retumed payment la Ba:
Cash Advance} Is the date that the corresponding paymen
posted to your account.
Purposes for Using Your Account
You may use your account for personal, family. or housel
purposes. You may not use your account for business or
commercial purpose,. YOU may not use a Check Cash
Advance, or any ather Cash Advance. to make a payment t
this or any other credit account with us. You may not use c
permit your account to be used to make any lIIegal transact
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Persons Using Your Account
If you permit any person to use your card. acc!ss decks,
account number. or other credit device with the authorization
to obtain credit on your account, you may be iiable for all
transactions made by that person Jndudini transactions ror
which you may not have intended to be liable, even if the amount
cf chose transactions causes your credit'limit to be exceeded.
Authorized users of this aCCOunt may hav~ the same access
to information about the account and its users as the
accoU'nt holders.
How You May Stop Payment
on an Access Checf!
, You may request a sto.p payment on an access check by
.'{ providing us with the access check number, dollar amount, and
.1..1, payee exactly as they appear on the access check. Oral and
. written stop.payment requests on an access check are effective
for six months from the day that we place the stop payment.
t You May Not Postdate an Access Check
~ You may not issue a postdated aCcess check on your
1 account. If you do postdate an access check. we may elect to
:f honor It upon presentment or return It unpaid to the person
J that presented It to us for payment. without in either case
J waitin~ for the date shown on the access check. W.e are not
liable to.you for any loss or expense incurred by you ariSing
" out of the action we elect to take. .
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Your Promise to Pay
You promise to pay us the ~mounts of all credit you
obtain. which Indudes all Purchases and Cash Advances.
You also promise to pay us all the amounts of finance charges,
fees. a,nd any other transactions we charge saainstyour account.
Payments' on Your Account
You must pai each month at least the 10tal Minimum
Payment Due shown on your monthly statement by your
Payment Due Date. You may pay the entire amount you owe
us at any time. Payments made In any blllfng cycle that are
greater than the Total Minimum Payment Due will not affect
,I your obligation to makefthhe next TotaldMib"iml urn Payment
. Due. If you overpay ar'l t ere Is a ere It a ana! on your
"\ account, we will not pay Interest on such amounts. We will
-; reject payments that are not drawn In U.S. dollars and those
"1 drawn an a financial institution located outside of the United
t States. Payment of your Total Minimum Payment Due ma)'
:: opt avoid the assessment of Over limit Fees.
I When, YouI' Payment Will Be Credited
I . to Your Account
:') We credit payments as of the date received. if the payment
! Isd I) received by 1 p,m.IEastem '!Imel;,(l} received at the
, address shown In the upper left.hand comer of the front of
1 your monthly statement: (31 paid with a check drawn In U.S,
1 doilars on a U.5, financial Institution or aU,S. doilar money
"( order: and (4) sent in the return envelope with only the top
) portion of your'statement accompanying it. Payments
l received after 2 p.m. on any day Inc:ludlng the Payment Due
1 Date. but that otherwise meet the above requirements. will be
.: credited as of the next day. Credit for any other payments
j may be delayed up to five days.
, How We Allocate Your Payments
We will allocate your payments in the manner we determine.
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In most instances, we will allocate-your paytnents to balanc;
!including new transactions) with lower APRs before balanc:
with high~r APRs. This will result in new balances with a
lower APR (e.g.. those with promotional APR offers-) being
paid before any other existing balances.
Promise to Pall Applies to All Persons
All persons who Initially or subsequently request, accept,
guarantee or use the account are indivIdually and together
responsible for any total outstanding balance. We may refu~
to release from liability any person who is responsible to pa'
any total outstanding balance, until all of the cards. access'
checks. and other credit devices outstanding under' the
account have been returned to us. and any such person.or
persons repays us the total outstanding balance owed to us
at any time under the terms of this Agreement.
Default
You will be in derault of this Agreement ir, (I) you fall to
make any required Total Minimum Payment Due by its Paymel
Due Date; {21 your rotal outstanding balance excee~s.your
credit limit; or 13' you rail to abide by any other term 01 this
Agreement. Soiely for the pUl]loses 01 determining eligibility
and premium lJ:::Iymint Q"Ij.g;ltil)J'!C: fnr ,.h... npl"lnn.:l1 C"fpdlt insu
ance purchased through MBNA you will be deemed, In delaull
or delinquent if you fail to make a payment within 90 day. 01
your Payment Due Date. Our failure tq exer!=ise any of our
rights when you default does not mean that we are unable to
exercise those rights upon later default. .
When We May Require Immediate Faymei
If you are In default we can require immediate payment
of your total outstanding balance and. unless prohibited by
applicable law and except as otherwise provided uni:le.r the
Ar&itralian Glnd Litigation seCtion of this Agreement. we can
also require you to pay the costs we inC;1;lrln any collection.
proceeding, as well as reasonable attorneys' fees if we refer
your account for collection to an attorney who Is not our
salaried employee.
Otfter Payment Terms
We can accept late payments. partial payments. or paymel
with any restrictive writing without losing any of our rights
under this Agreement. This means that no payment. In dud
those marked with "Paid In full" or with any other restrictive
words. shall operate as an accord and satisfaction witho\Jtt
prior written approval of one of our senior officers~ You may
not use a postdated check to make a payment. If you do PO!
date a payment check. we may elect to honor it upon prese
ment or return It uncredl,ted to the person .that-pre~nt~d.,l'
without In either case waitini for the date.shown on the
check. We are not liable to you .for any loss or expense. .
Incurred by you arising out of the action we elect to take.
Payment Holidays
We may allow you, from time to time. to omit a monthly
payment. We wlll notify you when this option is available.
If you omit a payment. finance charges and any applicable
fees will accrue on your account In accordance with th Is .:
Agreement. You must resume making your Total Mlnirnurr
Payment Due each month 'following a payment holiday.
Transactions Made in Foreign Currel1ci~
If you make a transaction in a foreign curren.cy. the tran:
tion will be converted by Visa International or Mastercardc
International.. depending on which card you use. Into a U.~
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'j dollar amount in accordance with the operating' regulations or
,~ conversion procedures In effect at the time that the transaction
':, is processed, Currently, those regulations and procedures
; provide.that the currency conversion rate to .be used is either
.~ (IJ a wholesale market rate or (2) a government.mandated rate
{ in effect. one day prior to the proc~ssing date, increased by one
{ percent In each, case, Visa or MasterCard retaIns this one percent
~ as compensation for performing the currency conversion serv-
Ice, The currency conversion rate In effect on the processing
J date may differ from the rate in effect on the transaction date
1 or the postIng date.
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Billing Cyde
1 Your billing: cycle ends each month on a Closing Date
I determined by us,. Each billing cycle begins on the day after
:1, the Closing Date'of,the previous _billing cycle. Each statement
J reflects a Single billi,~~ cy;ie.',. ' ',. '
j Account ,Fees 'and Cna'rges .... ..,' . , ,
:; AccoLlnt Fees: The foll.owing fees, which are set forth on YOur
::1 Required Fe,der.a,' Disdosu.res or. Initial Disclosure, arech'ar<<ed
'l as Purchases in the billing cyde In, which the fees accri1e: '
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I I I) ,aLate Fee if the Total Minimum Payment Due shewn en
" your monthly ~tJt,cr:ncnt i: not received by,u; an or bc.fcrc-itJ
Payment Due'Date;"
~j {2J an Overlimlt Fee i(your New,Salance Total exceeds your
.." credit limit en the last day of a blllinll cycle, even if fees.or
,i; finance charges charged' bye,us cause your New' sala'nce Tocar'
...; to exceed your credit limit; an Overlimit Fee Is c:har.ged to your
..'1'.' account as of the day .in t.he biiilng cyde that your total out-
; standing balance on your.account exceeds your credit limit:
'; f3J a Returned PaymenlFee:/f a payment on:your a'ccount is
J returned for insuffici~nt'ful!ds or for any other reason, eVen If
:;1' It Is'paid upon subseq'uimf presentment;
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'1< {41 a Returned Cash ~d'(ari.ce ~hec:k Fe~ if we 'return an access
" 1 check unpaid for any r,eas,o~. ~ven if th~ ~ct:;e5s check Is paid,
: upon subsequent presentment: , .
~, 15} a Copy Fee for each' copy of a monthly statement or sales
draft. except that the siX most recent monthly.statements and
six sales drafts will b~.JJrovided for free; and
.~ {6} an Annual Fee if your ,ac;count Is open or if you maintain an
': account balance, whether, you have a'etive charging privileges.
crnot,
: Abandoned Property Charges: Unless prohibited by applicabie
. ~ law, we will charge your account, as a pu'rchase, for any costs ,
',; Incurred by us assodated'with complying with state absndoned
,: property laws. , .'
( Please review your Required Federal Oisd.os.ures or Initial'"
:1 Disclosure for ac;lditionai fees and charges that may apply to
_( your account. .
i Benefits
-11 We may offer you certain beneft~s and services with your
: \ account. Unless expressly made a part of this Aireement. any
i i such' benefits or services 'are not' a: part'of this Agreement. bue.
.t! are subiect to the terms and restrictions outlined 1[1 the beneflt.s
\ i brochure and otheroffitlal documents provided te you from
Ii time to time by oron behaifol MBNA'Amerlca. W. may adlust.
1 i add, or delete benefits and services at 'any time and without
i 1 notice to you,
'I '
II Refusal to Honor Your Account
': We are not liable for any refusal to honor your account.
I; This can include a refusal to honor your card or account number
(! or any check written on your account. We are nat liable for
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any retention of your card by us. any other bank, or.any
provider of goods or services.
We May Suspend or Close Your Accoun
We may suspend ar dose your account or otherwise te
nate your right to use your account. We maydo this at a
time and for any reason. Your obligations under this
Agreement continue even after we have done this. You r:
destroy all cards, access checks or other credit devices 01
account when we request.
YOII May Close YOllr Accollnt
You may close -your account by notifying us in writi ng
telephone, and destroying all cards, access checks or otM
credit devices on the account. Your obligations under thi
Agreement continue even after'you have.d~ne this.
Transactions After Your Account Is Clo:
When your account is dosed, you must contact anyone
authorized to charge transactIons to your account. such as
Internet servke providers. health clubs or Insurance cornp;
These transactions may continue' to be charged 'to your
J:!r"'l"'n'lnl'llntil ynu change the billin!:!:. Also. ifwe believe
have authorized a tra(lsactlon or are attempting to Use y'
account after you have requested to close the account. \\
may allow the transaction to be charged to your account
We May Amend This Agreement
We may amend this Agreement at any time, We may
amend It by adding. deleting, or'changlng provisions ofl
Agreement. When we amend this Agreement we will COl
with the applicable notice requirements of federal and.
Delaware law that are in effect c,t that,tlme. If an amend
gives you the opportunity to ,reject the chCjn€e. and if you
the change In the manner provided In such amendment, \
may terminate yo.ur rignt to receive credit and may ask y
return all credit devices as a con'ditlon of your rejection,
amended Agreement (Including any higher rate or other I
charges or fees) will apply to the total outstandlni balar
Including the balance existing befare the amendment beean
effective. We may replace your card with another card at an!
We May Sell Your Account
We may at any time. and without notlce to you, sell, a
or transfer your account. any sums due on your account.
Agreement. or our rights or obligations under your accOl
this Agreement to any person or l!r:ltity. The person or e
to whom we make any such sale. assignment or transfer
be entitled. to all of our riEhts and/or obligations under 1
A.greement. to the extent sold. aSSigned or transferred.
Your Credit Limit
Your credit limit is disclosed to you when you receive
card and. generally, on each monthly statement. We ma
change your credit limit from time to time.
The amount shown on your monthly statement as Ca
Credit Available does not take into account any. Furchas
Cash Advances. finance charges, fees. any other transad
or credits which post to your account after the Closing [
of that monthly statement. Such transactions could re~
your credit limit being exceeded and result In the asses~
of Overlimit Fees.
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; What We May Do if You Attempt to
" Exceed YOllr Credit Limit
The total outstanding balance on your account plus
authorizations at any time must not be more than.your credit
limit, If you attempt a transaction which results In your total
outstanding balance (plus authorizations) exceeding your
credit limit. we may: (J) 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.
"t If we refuse to permit a Check Cash Advance or Balance
~ Transfer, we may do so by advising the p~rson presentin,g the
-1 Check Cash Advance or Balance Transfer that credit has been
~ refused, that there ara Insufficient funds to pay the Check
:t Cash Advance or Balance Transfer, or in any other manner.
l If we have previously permitted you to exceed your.credit limit
~ it does not mean that we will permit you to exceed your credit '
,J. limit again. If we deciJie to penn it you to exceedy~urcredit limit,
:t we may charge an Overllmit Fee as provided In this Agreement,
! U-I'UlUtfw.r.ized Use of Your Card
.,.!. Please notify us Immediately of the loss. theft. or pOSSible
~ unauthonzed',lJse of your account at 1-800-421-2110.
~ You MlIst Notify Us When You
1 Change 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 notify us
promptly of your new address.
What Law Applies
This Agreement Is made In Delaware and we extend credit
to you from Delaware. This Agreement is governed by the
laws of the State of Delaware (without regard to its confiict of
laws principles} and by any applicable federal laws.
The Provisions of This Agreement
are Severalile
If any provision. of this Agreement is found to be invalid,
the remaining provisions will continue to be effective.
01lr RigfttsContinue
Our failure or delay in exercising any of our rights under
this Agreement does not mean that we are unable to exercise
those rights later.
Ar6itrationand Litigation
This Arbitration and Litigation'provision applies to you
unless you were given the opportunity to reject the Arbltratlon
and Litigation provisions and you did so relect them in the
manner and tlme/rame required. If you did reiect effectively
such a provision, you a,greed 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 (.Clalm') by either you or us ag,lnst
the other, or against the employees, agents or assigns of the
other, arising from or relating In any way to this Agreement or
any prior Agreement or your account (whether under a
statute., in contract, tort, or othetw'lse and whether for mon~Y
damages, penalties or declaratary ar equitable relief), includang
.~
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Claims regarding the applicabillty. of this Arbitration and
Lltiilation Section or the validIty of the entire Agreement 0
any prior Agreement, shall be resolved by bindinlj: arbit.rati,
The arbitration shaH be conducted by the National Arbitrat
Forum f"NAF"i, under the Code 01 Procedure In effect at the tf
the Cla.im is fil!d. Rules and forms of .the National Arbftratiol
Forum may be obtained and Claims may be filed.at any,Netic
Arbitration Forum office. W\WJarb-forum,com, or P.O. Box SOl
Minneapolis. Minnesota 55405, telephone 1-800.474-23il. If
NAF Is unable or unwilling to act as arbitrator. we may sut
stltute another nationally recognized. Independent arbitrat
organi2.ation,tnat uses a similar code of procedure. At you
written request. we will advance any arbitration filing fee.
administrative and hearing fees which you are required to
pay to pursue a Claim in arbitration. The arbitrator will
decide who will be ultimately responsible for paying those
fees. In no event will you be required to reimburse us {or i
arbitration filing. administrative or hearing fees in an amOl
gr~ater than what your court costs would have been if the
Claim had been resolved in a state court with jurisdidlon.
Any arbitration nearins at which you appear,will take place
within the federalludicial district thatlnciudes Your biilin,
address at the time the Claim is filed. This arbitration airl
Illelll I::. llldue ~UI::'Udllllu d LIc:lll::'dt...liull illvvlvill-.,illLl:l::.Ldt
commerce and shall be loverned by the Federai Arbitratiol
Act, 9 U,S,C,!9 i-16("FAA"}. ludgment upon anI arbi/rati,
award may be entered In any court having lurisdl'ctlon. The
arbitrator shall follow existing substantive law to the extent
consistent with the FAA and applicable statutes oflimitatior
and shall honor any claims or privilege recognized'by law. .If
party requests. the arbitrator shall write an oplnion.contalnil
the reasons for the award.
No Claim submitted to arbitration is heard .by a jury anc
no Claim may be brought as a dass action or as a private
attorney general. You do not have the rlih~ ~o act as a cia
representative or participate as a member of a class of
claimants witn respect to any Claim. This Arbitration and
Litigation Section applies to all Claims now in existence 0
that may arise In the future. '
This Arbitration and litigatIon Section shall survive the
termination of your account with us as well as any volunta
payment of the debt in full by you, any bankruptcy by you
sale of the debt by'us,
For the purposes of this Arbitration and Litigation Sectl
"we" and "us. means MBNA America Bank. N.A"lts parent
subsid.iaries. affiliates. licensees. predecessors. succ.essor~
assigns. and any purchaser af your account,~and aU of'thei
officers. directors. employees. agents and assigns or any a
ali of them, Additionally: .we" or "us. shall mean any thi"
party providing benefits, services, or products in connectl(
with the account llncluding but not limited to credit burei
merchants that accept any credit device issued urider the
account. rewards or enrollment services, credlt'insurance
companies. debt collectors and all of their officers. dlrecre
employe.s and agents} if. and only If, such a third party is
named by you as a co-defendant in any Clilirn. ~ou assert
against us.
If any pa~ of thi, Arbitration and Litigation Section is
found to be invalid or unenforceable under any law or sta!
consistent with the FAA, the remainder of this Arbitration
Litigation Section shall be enforceable without. regard to ~
invalidity or unenforceability.
THE RESULT OF THiS ARBITRATION AGREEMENT IS T
EXCEPT AS PROVIDED ABOVE. CLAIMS CANNOT BE UTI
GA.TED IN COURT, INCLUDING SOME CLAIMS THAT COU
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j ,HAVE BEEN TRIED BEFORE, A IURV:AS CLASS ACTIONS OR
i iAS PRIVATE ATTORNEY GENERAL ACTIONS, '
I
j !CREDIT INSURANCE BENEFITS,
i 'LIMITATIONS, COSTS & EXCLUSIONS
! ,CONSUMER PROTECTION,DISCLOSURES
j !CRED'IT INSURANCE IS, NOT A DEPOSIT,"NOTFDIC.
'INSURED, NOT INSURED BY Am FEDERAL GOVERNMENT
j iAGENCY;.AND N()T GUARANT.EED BY THE BAN~., .
i iPURCHASE'OF CREDIT INSURANCE IS NOTA CONDITION
i,' ; OF OBTAINING CREDIT. IF COVERAGE IS DESIRED, IT
. MAY BE PURCHASED ELSEWHERE.
1 Credit"lnsur'ance pays your minimum monthly payment'
, I up to your balance on the'daie ef less (not to exceed 525.000,
~ .
I I except disability in MN). until you return to work" if you are
i invo'luntarily unemployed. ~ disablea. or If you or your
! spouse takes covered family h!!sve; Crecit lnsura"nce also
!pays your insured outstanding'balance up to the least of your
ioutstanding balance. your credit ilmit(not AL. AZ. AR. DE,
'. IDC.ID, IL. IA. LA. MD. MN. MS. NV, NO, OH, OK, HI/SD:.""';
iWA. WV .. WY). or 525.000 if you die, . , '
r Eliglbllitv: One insured per account {insured must'be the
I primary cardholder or a co-:-spphc:ant, authonzed.useJ~ dr/;. llUl
eligible), under age 66 (70 in AZ, NV.. VA; 711n FL;GA:MI,
i MO.. OK; 72 In NM). 'Your coverage ends at these same agas
:,(excapt family leave In AZ,FL& SO.. unemployment). When
[.enrolled. cartifleates will be mailed explaining your covorage
& effective date. In MN. unemployment coveraf::e is "effective
!.61 days from your certificate effed:ive date. For unemployment
I or.family leave benefits. you must'be gainfully employea .
i working at least 30 hrslwk (not self..;employed or an In'dependent
'I' contractor) for 90 consecutIve days before the date of loss '
,(CO. before application date). (PA. on the date of loss).
I (TX. before. coverage effective date for unemployment),
~ i :Employees of profes5io~~1 corporations may be eligible.
1 Covera.e:es & Beneflu: Credit Insurance covers: your
I.death: lnvoluntary'unemployment due to'job loss. general
i strike. unionized labor dispute; or 16ckou~;'tQtal dlsablJ1ty due
I to sickness or injury if you are unable to perform the material
; & substantial dutles'of your lob lor any job after 12 mos. in
I PA, 18 mas, In AL. AZ. AR. CA. DE. DC, GA, HI. ID, I L. lA, KS.
i LA. MD.MN.MS, NV.:NJ.ND. OH. OK, RI, SO. TN.vr. WA. WV.
I WI &- WY); your or your spouse's unpaid-leave of absence
.~ from employment due to care of your newborn or newly adopted
I child or an incapadtated immediate family member.(must be
! spouse. child. stepchild or parent in AKlj mandatory recall to
. ! active military duty: jury duty (except in AK); or residence in
J j a federally declared disaster,area. Loss (not death) .must
~i i continue at least 30 days before benefits begin. In NY, fO,r,.
1 ; strikes..unionlzed labor disputes &- lockouts. you must be..
t j unemployed for 7 consecutive weeks & qualify for state unem~
J \ ployment benefits before benents begin. A. daily benefit l~
, I pai'd"for each day of loss over 3.0 days for unemp,loyment in
,\ : NY.. PA. and disability In CA. CT, GA. NY. MI, PA, RI .. 5C.
1 i You may cancel this coverage at any time. It canceled within
j " the first 30 days of coverage. all premiums will be refunded.
I Exclusions: Life: suicide,in the first 6 months:of-co~eraie
,I : (not MO &- MO). Involuntary Unemployment: retirement.
I 1 resignation, voluntarY forfeiture of income or job loss pue to
: i willful or criminal misconduct. disablilty, sttikes In 'IL;military
i : discharge in NY & normal seasonal unemployment in'TX.
! ; Disability; normal pregnancy or childbirth Inot CA. t-IA.. NV).
; intentionally self-inflicted injuries lnot MO), or a pre..existing
; medical condition during first 6 months of coverage (not Nil.
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Family leave benefits are not paid If you are eligible for or
receiving unemployment benefits or are disabled.
This is only a brief,descrlption of coverage, and cover2.g~:
vary by state. Pleas~ refer to your certificates fora full
explanation of coverage. . .
CO.!i'ts oel" 5100 oer Month of AveraEe Dallv Balance: .
Costs apply to Life (L). Disability (D). Unemployment (UI <;-
Family Laave IF), AL 54.5<': AK 78,: M. 99,9': AR 9ge: CA
89,9,: CO 50.66,: CT 42.8ge:.p.E 99.ge: DC 99,ge: FL 8ge: GA
90,8" HI 89,91" ID 99.5, IL 8:6" D 16.9,. U 54<', F 20e), IL
80'.97<: IN 96': IA 97.8e IL ne. D 16.6,. U 54" -F 20e): KS
85,41<: KY 97.4': LA 99,9l', ME5l,05e:MD 79,74,: MA 15, 7c:
MI 85.7e: MN 31.47<: MS 92,5e: MO 61.1,: MT 93.9,: NE
95.8<: NV 99.87<: NH 95<: NI 97<: NM 58.ge: NY 52.5e (L 8,8,.
D 26,8,. U 16,9,): NC 7I.l,.: NO 94,97" OH 99,ge:OK 97.47e:
OR 80.8e: PA l8.le: PR 99<: RI99,8,: SC 78.8': SD99,9,:TN
92.5e: TX ll. 7e (L 4.8e. 0 12.9,. U 16el: UT 90.44e: VT 34.92,
(L 6.68e, 0 12.24e. F 16e): VA 84' (L 6.1'. D 8.ge. U 4ge. F
20e); WA 89.39,: WY 99.5': WI 93.6, (L 5.7" D 8.9,. U 59'. F
20el & WY 99,7'.
AvailabillN: Involuntary Unemployment Is not available in
MA or VT. Family Leave Is not available In AL, CT. MA, MD.
MN. NM, NY. PA. or TX,
Undenilritlne: ComcaniesIPollcv: Involuntary
Unemployment, American SecurityIL01(5/85). LOI NY(3193),
AS LOI TX(lII99). LOIC-IP-KS(2196). LOIC-IP-CRS-ME(5/85)
and LOIC-IP: Standard GuarantylSG LOI (5/851 (NH onlYI.
Life & Disability, Union Security LlfeIL-I-Z, L'S-G in AL,AZ,
AR. DE. DC. ID, IL. lA, KS. LA. MD, MN. MS, NV. ND..OH. OK.
RI. SD, Vf,WA. WY &- WY: Standard Guaranty Life ITX onlY11
L-I-Z(8192)13.5lRA). First Fortis Life (NY Life onlyJ/NYLMOO 13
American Security (NY Disability only)/W-S-A, Fortis
Insurance IME only)IU-X-A. Family Leave: American
SeeuritylFLP (4197), FLP-FL(l2I97J In FL. FLP.NC (3198) in NC.
FLP-OK(4197) In OK, FLP-VA(2198)In VA. FL-IP(AZII71981In
AZ. FL-IP(4/971 in IL & IN. FL-IP-I<S (12197) In KS, FL.IP-ME
(4199) In ME: FL-IP-WY(4/97) in WI: Standard Cuaranty/FLP
[4/97) in NH: Union Security Life/FLP-Vl{4197J in VI. Sollcltlnl
agents for Mississippi and Florida are Charles M. Cordon 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 defraudlne the insurer or any other
person. Penalties Include Imprisonment aod/arfine!.ln addltloQ
an Insurer may deny insurance benefits if false information
. materially related to a claim was provided by the applicant.
-Less past due and over credit limit amounts. tn MI. cover.
aile pays 5% of the balance on your date of disability up to
S 1250. In OR, coverage pays the,great.r of 11J6th of the bal-
ance or the current minimum payment due on your date of
loss. In NY (;. PA. coveraie pays the mInimum payment due
on your date of loss. In !X. coverage pays the greater of 6% c.
your insured outstanding balance on your date of unemploy-
ment or your minimum monthly payment.
. -The number of monthly benefit payments wlll not exceed 9
for family I.ave, 12 for unemployment in AL. AK. CT.IL, MI, MN
MO. NM. NC. NY. PA, SC &TX; 12 for disability in AK. CO. CT.
FL. KY. MA. MO. MT. NE. NH. NM. NC. OR, SC. UT & VA. .
I NY. NI &- TX Residents Only: To purchase coverages separateh
write to Assurant Group. P. O. Box 50355. Atlanta. GA 3030Z.
Applications will be sent to you. . .
12
1-
2/9/01 MBNAULOIIMBNA. LID/Uncapped LOVFL)
25000 DISC-IOI
MBNA America@ and GoldPlus(f) are federally registered sell'i(
marks of MaNA Amenca Bank, NA
<C2000 MBNA America Bank. NA
AGMT90 (Revised 412001)
EXHIBIT "B"
III
NATIONAL
ARBITRATION
FORUM ~
MBNA America Bank, N.A.
clo Wolpoff & Abramson, L.L.P.
Attorneys in the Practice of Debt Collection
702 King Farm Blvd, Two Irvington Centre
Rockville, MD 20850-5775
CLAIMANT(s), AWARD
RE: MBNA America Bank, N.A. v Karen E Ruch
File Number: FA0301000140737
Claimant File Number: 5401262237224746
Karen E Ruch
315 2nd St
ENOLA, PA 170253208
RESPONDENT(s).
The undersigned Arbitrator in this case FINDS:
I. That no known conflict of interest exists.
2. That on or before 0111012003 the Parties entered into an agreement provid!ng 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 A ward as stated.
Therefore, the Arbitrator ISSUES:
An Award in favor of the Claimant, for a total amount of $12,429.61.
Entered in the State of pennsylvania
ACKNOWLEDGEMENT
This Award was duly entered and delivered to the
parties on this date.
Date: 04/02/2003
~' ~\.~\.o.
Honorable Harold Kalina
Director of Arbitration
04/02/2003
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-03792 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MBNA AMERICA BANK N A
VS
RUCH KAREN E
V WEARY
Cumberland County, Pennsylvania, who being duly sworn according to law,
, Sheriff or Deputy Sheriff of
says, the within COMPLAINT & NOTICE
RUCH KAREN E
was served upon
the
DEFENDANT
, at 1756:00 HOURS, on the 2nd day of September, 2003
at 315 2ND ST
ENOLA, PA 17025-3208
KAREN E RUCH
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
11.04
.00
10.00
.00
39.04
Sworn and Subscribed to before
me this /7 ~
day of
.tr!i.~ ~ ~ A.D.
(l_ -,,(1 ~ un-
'- ffrothonotary ,
So Answers:
_~r7-~,,-f //
.f ~.1'~~<'f~
R. Thomas Kline
09/03/2003
WOLFSON & ASSOC
By: it
Dep~t~herl{{--y-
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
Plaintiff
No. 03-3792,CIVIL
vs.
KAREN E. RUCH
Defendant
PRAECIPE FOR JUDGMENT
Enter Judgment in favor of Plaintiff and against Defendant, KAREN E. RUCH, for want of ANSWER
TO COMPLAINT.
( X ) Amount due
Interest from April 2, 2003
Attomeys Commission
Filing Costs
TOTAL
$12,429.61
$ to be determined
$ to be determined
$ to be determined
$12,429.61 plus costs & interest
( 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
Attomey 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
Attomey of Record, if any, after the default occurred and at least 10 s prior the date of the filing of
this Praecipe and a copy of the notice is attached.
DATE: 1(aQ(o,/ Signature:
'iL
Amy F. Wo on, Esquire
Wolpoff & Abramson, L.
Attorneys in the Practic
267 East Market Street
York, PA 17403
Phone: (717) 846,1252
Fax: (717) 848,1146
ID No. 87062
NOW, fYl ';:1,'1 ....s
, 20.dd.-, JUDGMENT IS ENTE~S ABOVE.
f!t-lA-b:V K. ~
Prothonotary/Clerk, Civil D~ion
~y' ~~D.P.~/U7~J
Deputy , '~'
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
Plaintiff
No.03-3792-CNIL
vs.
KAREN E. RUCH
Defendant
(X) Notice is hereby given that a DEFAULT JUDGMENT in the above-captioned
matter has been entered against you in the amount of $12,429.61 plus interest,
reasonable attorney's fees and costs, on {YL';;1'f$ , 20~.
( X ) A copy of all documents filed with the Prothonotary in support of the within
judgment is/are enclosed.
Pt.~i~l~~~
~ 4f)~P.7f~
If you have any questions regarding this Notice, please contact the filing party.
Amy F. Wolfson, Esquire
Wolpoff & Abramson, L.L.P.
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
Phone: (717) 846,1252
Fax: (717) 848,1146
ID No. 87062
(This Notice is given in accordance with Pa.R.C.P. 236.)
NOTICE SENT TO:
KAREN E. RUCH
315 2ND ST
ENOLA, PA 17025,3208
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
Plaintiff
No, 03-3792,CIVIL
vs.
KAREN E. RUCH
Defendant
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYL V ANlA
COUNTY OF YORK
I, Amy F. Wolfson, Esquire, being duly sworn according to law, depose and say that I am the
Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge,
information and belief, Defendant, KAREN E. RUCH, above named, are over 21 years of age; is
last know to reside at 315 2ND ST, ENOLA, PA 17025,3208, CUMBERLAND County,
Pennsylvania; is not in the military service of the United States or its Allies, or otherwise within
the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its
Amendments.
~
Amy F. Wol son, Esq r
Wolpoff & bramson, .L.P.
Attorneys in the Practl e of Debt Collection
267 East Market Street
York, PA 17403
Phone: (717) 846-1252
Fax: (717) 848-1146
ID No, 87062
~
SWORN and SUBSCRffiED
To before IIle this Q:L day
Of ~)' l ,20frL
~7{BlOt ~JJ~
Notary Public
COMMO.tI\IiFtLT':!..9" PENNSYLVANIA
G--- --'-'.'''',015..1
.. ..1.'..'fl.,q.',;,~.A..:f.~{\".'.;.'..!.'. No.' tAry. Public
";'1 Di Yct1<, yt>lll eounty ~
M>> \~Yi~'\<>\ E~ JIJiV 23. 200
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
Plaintiff
No. 03-3792-CIVIL
vs.
KAREN E. RUCH
Defendant
CERTIFICATE OF RESIDENCE
I, Amy F. Wolfson, Esquire, due hereby certify that the last known address of the above
referenced Defendant is as follows:
KAREN E. RUCH
315 2ND ST
ENOLA, PA 17025,3208
Respectfully submitted,
Date: April 27, 2004
(TOLL FREE)
1-800-758-0675
NATIONAL COLLJ;,CTION ATTORNEY N.ETWORK
AFFIUA TED FIRM LOCATIONS mOT BRANCH
OFFICES OF WOLPOFF & ABRAMSON. L.L.P.l.
HONOLULU, HAWAII FARGO, NORTH DAKOTA
BOISE, IDAHO CLEVELAND, OHIO
MEARrLLVllLE, INDIANA OKLAHOMA CITY, OKLAHOMA
CHICAGO, ILLINOIS EUGENE, OREGON
KANSAS CITY, KANSAS PROVIDENCE, RHODE ISLAND
LEXINGTON, KENTUCKY COLUMBIA, SOUTH CAROLINA
METAIRJE, LOUISIANA KNOXVILLE, TENNESSEE
NEEDHAM,MASSACHUSETTS HOUSTON,TEXAS
SOUTHFIELD, MICHIGAN SANDY, UTAH
MINNEAPOLIS, MINNESOTA MILWAUKEE, WISCONSIN
ST. lOUIS, MISSOURI RAWLINS, WYOMING
GREAT FALLS, MONTANA
OMAHA, NEBRASKA . The National Collection
LAS VEGAS, NEVADA Attorney Network is an alfilJalio~
MANCHESTER, NEW HAMPSHIRE 01 separate law firms.
CEDAR KNOLLS, NEW JERSEY
5YQSSET, NEW YORK W&A Hours of Operation;
RALEIGH, NORTH CAROLINA a a.m. -11 p.m. E.S.T. M-F
MAIN OFFICE
TWO IRVINGTON CENTRE
702 KING FARM BLVD, ROCKVILLE, MD 20850
BRANCH OFFICES
10605 JUDICIAL DR., BLDG. A-5, FAIRFAX, VA 22030
1108 E. MAIN ST., 5TE. 1003, RICHMOND, VA 23216
5122 GREENWICH ~D" VIRGINIA BEACH, VA 23462
919 N. MARKET ST., 5TE. 1300, WILMINGTON, DE 19899
1954 GREENSPAING DR., 5TE. 400, TIMONIUM, MD21093
1 VA1.l.E'r' BANK8l.D3., BOX 1226, a...ARKSBUAG, WV 2S302
2625 TOWN5GATE AD #330, WESTLAKE VILLAGE, CA 91361
267 E. MARKET ST., YORK. PA 17403
NATIONAL COLLECTION ATTORNEY NETWORK
AFFILIATED FIRM LOCATIONS [NOT BRANCH
OFFICES OF WOLPOFF & ABRAMSON. LLP,l.
BIRMINGHAM, ALABAMA SAN DIEGO, CALIFORNIA
ANCHORAGE, ALASKA EDGEWOOD, COLORADO
PHOENIX, ARIZONA FT. LAUDERDALE, FLORIDA
CABOT, ARKANSAS NORCROSS, GEORGIA
LAW OFFICES
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Practice of Debt Collection
(A National Collection Attorney Network Firm)
267 E. MARKET STREET
YORK, PA 17403
FACSIMILE 717-848-1146
PLEASE DIRECT All INQUIRIES TO
YORK OFFICE
April 16, 2004
~((J)fPJw
KAREN E. RUCH
315 2ND ST
ENOLA, PA 17025,3208
RE: MBNA AMERICA BANK, N.A. / KAREN E. RUCH
Docket No. 03,3792,CIVIL (CP CUMBERLAND COUNTY)
Colleclion Maller
Dear Mr/Ms Ruch:
We enclose a 10-day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil
Procedure.
Sincerely,
WOLPO~F....F. & 'A~RA Gl.N' L.L.P.
, . /
I." .
/J tt- ~^
Amy F. WOlfS? ' ESqUi,~e'
I
AFW/llb ;
~-.._..
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 CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
Plaintiff
No. 03,3792,ClVIL
vs.
KAREN E. RUCH
Defendant
TO: KAREN E. RUCH
315 2ND ST
ENOLA, PA 17025-3208
DATE OF NOTICE: April 16, 2004
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.
Cumberland County Bar Association Lawyer Referral Service
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 249-3166
/7 C)
,./1 ~
BY: Ak~~ ./.
Amy F. Wolfson, ~qlJire ?>'
WOLPOFF & AB.RAMSdN, LLP
267 East Market Street
York, Pennsylvania 17403,2000
Telephone: (717) 846'1252
1.0. # 87062
Attorney for Plaintiff
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141
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
No. 033792
Plaintiff
vs.
KAREN E RUCH
315 2ND ST
ENOLA PA 17025-3208
Defendant (s)
PRAECIPE TO SETTLE AND SATISFY
PLEASE MARK THE ABOVE-CAPTIONED ACTION AS SETTLED, SATISFIED AND DISCONTINUED.
Respectfully submitted,
By:
1187062 /
341 /
R. Galloway #873 /
M. Abramson 94266 /
Bruce H. Cherkis #18837
WOLPOFF & ABRAMSON, L.L.P. / Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
4660 Trindle Road, 3rd Floor, Camp Hill, PA 17011
(717) 303-6700
Daniel F. Wolfson
Andrew C. Spears
Tonilyn M. Chippie
Ronald S. Canter
1120617
1187737
1187852
1194000
cc:
PAPR4/PA176A
W&A FILE NO. 100976191