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HomeMy WebLinkAbout03-6326IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK. N.A., Plaintiff NO. 03 - 4012L Cgut U-?mel v5. CLYDE L BERTROM, Defendant 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 v? ithin twenty (20) days after this Complaint and Notice is served, by entering a written appearance. perdonelly of by attorney, and tiling 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 han demandado a used en la torte. Si used quaere defensas de eras demandas expuestas en las peginas, siguientes. used tiene viente (20) dias de plazo al partir de la fecha de lademanda y la notifiation. Used debe presentar una apariencia escrita o en persona o por 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 detienda. la corte tomara medidas y psedido entrar una order contra used sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Used puede perder dinero o sus propiedades o ouos derechos importantes Para used. LLFVL' ESTA DEMANDA A UN ABODOAGO IMMEDIATAMEN IT. SI NO TIENE ABOGADO O SI NO TIENIS EL DINERO S1IFFICIFNTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAMF. 13OR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSITANCIA LEGAL. Court Administrator Cumberland County Court House I Court House Square, 4"' Floor Carlisle, Pennsylvania 17013 (717) 240-6200 IN I 111'. COI, [R I OF COMMON PLEAS OF Ct MBERLAND COUNTY. PENNSYLVANIA MBNA AMERICA BANK. N.A Plaintiff vs. CLYDE L BERTROM, Defendants NO. o3-OZ(p CIVIL ACTION - LAW 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: Plaintiff- M13NA AMERICA BANK. N.A., is a Delaware corporation doing business within the Commormcalth of Pennsylvania, and the other states of the United States, with its principal place ofbusiness situated at P.O. Box 15718, Wilmington, Delaware 19850. 2. Defendant. CLYDE L BERTROM, is an adult individual with a last known address of 1023 YORK RD, CUMBERLAND County, DILLSBURG PA 17019-9003. 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 inclusive of an Amendment is attached hereto, incorporated herein and collectively 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 Plaintiffs liccnsecs. 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 anv authorized users is the sum of $4.735.72. 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 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 $1.459.63. 2 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 C0111pnlS01-% arbin'anon. WHEREFORE, Plaintiff. MBNA AMERICA BANK. N.A.. respectfully requests this Honorable Court enter judgment in favor of Plaintiffand against Defendant, CLYDE L BERTROM, in the amount of $4.735.72. plus contractual interest at a rate of eighteen (18%) percent in the amount of $1,459.63, plus costs of this action and such other relief as the Court deems proper and just. Ily submitted, Amy F. Wgfson, Esq e WOLFSON & ASSOCIATES, P.C. 267 East Market Street York_ PA 17403 (717) 846-1252 ID No. 87062 Attorney for Plaintiff 3 VERIFICATION Amy F. Wolfson. Esquire, hereby states that she is the attorney for the Plaintiff, MBNA AMERICA BANK, N.A., who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of her knowledge, information, and belief, based upon information provided by the Plaintiff. I he undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904. relating to unsworn falsification to authorities. Date: l l?l ??03 - A iy F. W Ifson, EfIATES, WOLFSON & ASS P.C. 267 East Market Street York, PA 17403 (717) 846-1252 ID No. 87062 Attorney for Plaintiff PiG?JR t.41?:1:1 Cllal? ' Z':i p. i?;e 1 4 . 1 G l . 4 y, ?if'.4 1. •It... ... pr t . .uY 'ilt r. «:t'>T?y . 4 r Wif?u ' ,a lip W. , Yom' ?iF RL?"C4FY" d?1q?s$ J 1 1?1 lS i ?iX ^?'Ift iY ??? 4Y' , y 1 aS i , y 14 t I 1 AGMT °Q Information We Collect: MBNA collects and u: nonpublic personal information about you to cc our business and to consistently deliver the top Customer service you expect from us. Sources information include the following: • Information we receive from you on applicatic and other forms or through your correspondenc communication with us including through the n by telephone, or over the Internet: • Information we receive from third parties, suc consumer reporting agencies. to verify statemen you've made to us, or regarding your employme credit, or other relationships; and • Information about your transactions with MBI with other companies outside of MBNA. Information We Share Within MBNA We may s of the information we collect about you with ffnanci+ ice companies within MBNA to offer additional pros services that may interest you and best meet your ni We believe this is convenient for you and may save ) bush tiu is m cd money. To-do so, we ohere fdentificat information (such as name and address), transactio experience information (such as purchases and pay. credit eligibility information (such as credit reports applications), and other information. The decision chase any such products or services Is yours alone. may tell us not to share credit eligibility informatior you within MBNA, but please understand this does prohibit us from offering you additional products a services or from sharing transaction and experienc identification, and other information within MBNA Information We Share With Others: From tin time, we may allow companies outside of MBNA t you their products and services that'may interest 3 These products and services may be offered by fin; service providers (such as banks, loan brokers, acc aggregators, insurance agents, insurance companf mortgage bankers, and securities broker-dealers), b', financial companies (such as retailers, direct marke communications companies. Internet service provi manufacturers, service companies, travel agents, c lines, car rental agencies, hotels, airlines, publfshe and organizations endorsing MBNA financial proc or services), and others (such as nonprofit organize Subject to applicable law, we may share all the in'. tion we collect with these companies outside of h unless you tell us not to. Additionally, we may share all the information collect with companies that perform marketing of services on our behalf or to other financial institr with which we have joint marketing agreements. are also permitted by law to share information al you with other companies in certain circumstanc r For instance, we may share all of the informatior t collect with companies assisting us in servicing ) loan or account, with companies that endorse of products and services through affinity agreement 2 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 offer you their products and services as described above. If you wish to opt out of such information sharing, please call toll-free 1-866-751-1255. We will ask you to verify your identity and the 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 i available when you call. MBNA applies opt outs at the account level, not by " individual Customer. When any person•listed with others on an account opts out (for example. 'A co-applicant, joint account holder. or authorized user), we'wfll list the entire account as having opted out. MBNA will continue to { adhere to its disclosed privacy.practices for. an account even if it becomes inactive or is. closed. An opt out from information sharing on an account as described above, 'either Within MBNA arid/or with 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 i of information sharing. Please remember when you receive our subsequent notices that an account previously opted out from either or both types of information sharing j (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 i 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 you of changes as required by law. Words Used Often in This Agreement ! "Agreement" or "Credit Card Agreement" means these Additional Terms and Conditions and the Required Federal Disclosures for the Initial Disclosurej'and any changes we make to those documents from time to time. "You" and "your" mean each and all of the persons who are granted. accept or use an account we hold. "You and "your" I also mean any other person who has guaranteed payment of this account. when used in the sections entitled, % Monitor and Record Telephone Calls, and Arbitration and I and when used in each of the sections relating to p this account (Your Promise to Pay, and How We Allocate Payments, for example). "We," "us."."our" and "MBNA America" mean MBt America Bank, N.A. "Card' means all the credit cards we issue to you any other person with authorization for use on this pursuant to this Agreement. "Access check" means an access check we provide make a Check Cash Advance on your account. If we use a capitalized term in this document but define the term in this document, the term has the n given In the Required Federal Disclosures or the Infti Disclosure, or as used in your monthly statement. We use section headings (such as, Words Used Often in Agreement) to organize this Agreement. The actual terns Agreement are in the sentences that follow and not the Sign Your Card You should sign your card litfum yva use it. We May Monitor and Record Telephone You consent to and authorize MBNA America, any e affiliates, or its marketing associates to monitor andk any of your telephone conversations with our represer or the representatives of any of those companies. Credit Reporting Agencies You authorize MBNA America to collect information a you. Including credit reports from consumer reporting ati It you believe we have furnished Inaccurate or incon information about you or your account to acredit repc agency, write us at: MBNA. Credit Reporting Agencies, Box 17054, Wilmington. DE 19884-7054. Please Include name, address, home phone number, and account nurr and explain what you believe Is Inaccurate or incomple How to Use Your Account You may obtain credit In the form of Purchases and t Advances by using cards, access checks, your account nt or other credit devices. Please refer to your Required S Disclosures or Initial Disclosure to determine what transa constitute Purchases and Cash Advances and how you r obtain them. Transaction Date for Certain Cash Advai The transaction date for Check Cash Advances and Ba Transfers done by check is the date you or the person to whom the check is made payable first deposits or cashes check. The transaction date for a returned payment (a B Cash Advance) is the date that the corresponding payme posted to your account. Purposes for Using Your Account You may use your account for personal, family, or house purposes. You may not use your account for business or 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 use permit your account to be used to make any illegal transac Persons Using Your Account If you permit any person to use your card. access checks, account number, or other credit device with the authorizatio to obtain credit on your account, you may be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amour of those transactions causes your credit limit 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 a stop 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 months from the day that we place the stop payment. You May Not Postdate an Access Check You may not issue a postdated access check on your account. If you do postdate an access check, we may elect to honor it upon presentment or return it unpaid to the person 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 you arising out of the action we elect to take. Your Promise to Pay You promise to pay us the amounts of all credit you obtain, which includes all Purchases and cash Advances. You also promise to pay us all the amounts of finance charges, fees, and any other transactions we charge against your account. Payments on Your Account You must pay each month at least the Total 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 billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance 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 drawn on a financial institution located outside of the United States. Payment of your Total Minimum Payment Due may not avoid the assessment of Overlimit Fees. When Your Payment Will Be Credited to Your Account We credit payments as of the date received, if the payment is: (1) received by 2 p.m. (Eastern Time):.(2) received at the address shown in the upper left-hand corner of the front of your monthly statement;(?) paid with a check drawn 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 credited as of the next day. Credit for 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. In most instances, we will allocate your payments to bal (including new transactions) with lower APRs before. bal with higher APRs. This will result in new balances with lower APR (e.g., those with promotional APR offers) beir paid before any other existing balances. Promise to Pay Applies to All Persons All persons who initially or subsequently request, acc guarantee or use the account are individually and togett responsible for any total outstanding balance. we may i to release from liability any person who is responsible tc any total outstanding balance, until all of the cards, acct checks, and other credit devices outstanding under the account have been returned to us. and any such persona persons repays us the total outstanding balance owed tc at any time under the terms of this Agreement. Default You will be in default of this Agreement if: (1) you fail to make any required Total Minimum Payment Due by its Pay Due Date: (2) your total outstanding balance exceeds your credit limit: or (3) you fail to abide by any other term of thi, Agreement. Solely for the purposes of determining eligibil and prcmium payment obl'igarion< fnr the nrrinnal credit h ance purchased through MBNA, you will be deemed,in deft j or delinquent if you fail to make a payment within 90 days your Payment Due Date. Our failure to exercise any of our rights when you default does not mean that we are unable exercise those rights upon later default. When We May Require Immediate Paym 1 If you are in default we can require immediate paymen of your total outstanding balance and, unless prohibited applicable law and except as otherwise provided under tf Arbitration and Litigation section of this Agreement, we can also require you to pay the costs we incur in any collectic proceeding, as well as reasonable attorneys' fees if we ref your account for collection to an attorney who is not our ! salaried employee. Other Payment Terms We can accept late payments, partial payments, or payrr with any restrictive writing without losing any of our dghts under this Agreement. This means that no payment. inclu those marked with "Paid in full" or with any other restricth words, shall operate as an accord and satisfaction without prior written approval of one of our senior officers. You mm not use a postdated check to make a payment. If you do p date a payment check, we may elect to honor it upon pret ment or return it uncredited to the person that presented without in either case waiting 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 month'. payment. We will 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 this Agreement. You must resume making your Total Minimul Payment Due each month following a payment holiday. Transactions Made in Foreign Currenci it you make a transaction in a foreign currency, the tran tion will be converted by Visa International or MasterCard International; depending on which card you use. Into a U. j dollar amount In accordance with the operating regulations conversion procedures in effect at the time that the transact is processed. Currently, those regulations and procedures provide that the currency conversion rate to be used is eithe (1) a wholesale market rate or (2) a government-mandated n in effect one day prior to the processing date, increased by c percent in each. case. Visa or MasterCard retains this one pert as compensation for performing the currency conversion se ice, The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction cats or the posting date. Billing Cycle Your billing cycle ends each month on a Closing Date i determined by us.. Each billing cycle begins on the day afte ' the Closing Date of the previous billing cycle. Each statemei reflects a single billing cycle. Account Fees arid'Charges Account Fees: The following fees, which are set forth on yo Required Federal Disclosures or.lnitial Disclosure, are charged . i., as Purchases in the billing cycle in.which the fees accuis: (1).a Late Fee if the Total Minimum Payment Due shown on your monthly ctatcmcnt fc not rcccivcd-by u: on or bcforc it: Payment Due Date;^ - (2) an Overlimit Fee if your New Balance Total exceeds your credit limit on the last day of a billing cycle, even if fees.or finance charges charged'by;us cause your New Balance Total to exceed your credit limit: an Overlimit Fee is charged to your account as of the day in the billing cycle that your total out- standing balance on your account exceeds your credit limit; ' 13) a Returned Ps ymerif Fee'lf a payment on`your account is :. returned for insufficfent'funds or for any other reason, even If It Is'pafd upon subsequent presentment; (4) a Returned Cash Advance Check Fee if we return an access check unpaid for any reason, even if the access check Is paid upon subsequent presentment; ?; . (5) 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 be provided for free; and (6) an Annual Fee if your account is open or if you maintain an account balance, whetheryou have active charging privileges. . or not. Abandoned Property Charges: Unless prohibited by applicable law, we will charge your account, as a Purchase, for any costs' incurred by us associated with complying with state abandoned +. property laws. '- Please review your Required Federal Disclosures or Initial > ; Disclosure for additional fees and charges that may apply to your account. - Bene fits I We may offer you certain benefits and services with your + account. Unless expressly made a part of this Agreement, any j i such' benefits or services are note part of this Agreement, but „ are subject to the terms and restrictions outlined In the benefits I brochure and other official documents provided to you from time to time by or on behalf of MBNA'Amer(p, We may adjust, add, or delete benefits and services at any time and without ;? notice to you. Ij Refusal to Honor Your Account i We are not liable for any refusal to honor your account. 1 This can include a refusal to honor your card or account number f or any check written on your account. We are not liable for 7 any retention of your card by us, any other bank, or.a provider of goods or services. We May Suspend or Close Your Acca We may suspend or close your account or otherwh nate your right to use your account. We may do this time and for any reason. Your obligations under this Agreement continue even after we have done this. Yc destroy all cards, access checks or other credit device account when we request. You May Close Your Account You may close your account by notifying us in writi telephone, and destroying all cards, access checks or credit devices on the account. Your obligations under Agreement continue even after you have done this. i Transactions After.Your Account Is C When your account is closed, you must contact anyo i authorized to charge transactions to your account, such internet service providers, health clubs or insurance cor These transactions may continue to be charged to yot ! arrn9nt until you change the billing. Also, if we belie have authorized a transaction or are attempting to use account after you have requested to close the account may allow the transaction to be charged to your accot We May Amend This Agreement We may amend this Agreement at any time. We ma, amend it by adding, deleting. or changing provisions c Agreement. When we amend this Agreement we will c with the applicable notice requirements of federal and Delaware law that are in effect at that time. If an amei gives you the opportunity to reject the change, and If yc the change in the manner provided in such amendment may terminate your right to receive credit and may ask return all credit devices as a condition of your rejection amended Agreement (including any higher rate or othe charges or fees) will apply to the total outstanding bal. Including the balance existing before the amendment bect effective. We may replace your card with another card at a We May Sell Your Account We may at any time, and without notice to you, sell, j or transfer your account, any sums due on your accour Agreement, or our rights or obligations under your acc this Agreement to any person or entity. The person or to whom we make any such sale, assignment or transfe be entitled- to all of our rights and/or obligations under Agreement, to the extent sold, assigned or transferred. Your Credit Limit Your credit limit is disclosed to you when you receiv card and, generally, on each monthly statement. We m change your credit limit from time to time. The amount shown on your monthly statement as G Credit Available does not take into account any. Purcha Cash Advances, finance charges, fees, any other transar 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. What We May Do if You Attempt to Exceed Your Credit Limit i The total outstanding balance on your account plus authorizations at any time must not be more than your cri limit. If you attempt a transaction which results in yourtc outstanding balance (plus authorizations) exceeding your credit limit, we may: (I ) permit the transaction without rai<- your credit limit; (2) permit the transaction and treat the amount of the transaction that is more than the credit lim 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 refu: If we refuse to permit a Check Cash Advance or Balance Transfer, we may do so by advising the person presenting th Check Cash Advance or Balance Transfer that credit has be 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 your credit lir it does not mean that we will permit you to exceed your credit limit again. If we dedde to permit you to exceed your credit lir we may charge an Overlimit fee as provided In this Agreement U-4autfwr?zed Use of Your Card Please notify us immediately of the loss, theft, or possibl unauthorize&use of your account at 1-800.421-2110. You Must Notify Us When You Change Your Address we strive to keep accurate records for your benefit and our. 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 1s made in Delaware and we extend crecil to you from Delaware. This Agreement is governed by the laws of the State of Delaware (without regard to its conflict laws principles) and by any applicable federal laws. The Provisions of This Agreement are Severable If any provision of this Agreement is found to be invalid, the remaining provisions will continue to be effective. Our Rights Continue our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercis those rights later. Arbitration and Litigation This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them in the manner and timeframe required. If you did reject effectively such a provision, you agreed that any litigation brought by yo 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 against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement o any prior Agreement or your account (whether under a statute, in contract, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief), includin Claims regarding the applicability of this Arbitration an Litigation Section or the validity of the entire Agreemer any prior Agreement, shall be resolved by binding arbitl The arbitration shall be conducted by the National Arbi Forum ("NAF'), under the Code of Procedure in effect at th the Claim is filed. Rules and forms of the National Arbitra Forum may be obtained and Claims may be filed at any Na Arbitration Forum office, www,arb-fomm.com, or P.O. Box Minneapolis, Minnesota 55405, telephone 1-800.474-2371. NAF is unable or unwilling to act as arbitrator, we may stitute another nationally recognized, independent arbit organization, that uses a similar code of procedure. At y written request, we will advance any arbitration filing fee administrative and hearing fees which you are required I pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for paying tho fees. In no event will you be required to reimburse us fc arbitration riling, administrative or hearing fees in an art greater than what your court costs would have been if th Claim had been resolved in a state court with lurisdictio Any arbitration hearing at which you appearwill take pla within the federal judicial district that includes your bill! address at the time the Claim is filed. This arbitration al meat is made NwsueuL Lu a Lmuaa,Liuu h.,?Iviug.if tt(st commerce and shall be governed by the federal Arbitrati Act, 9 U.S.C. §§ 1-16 ("FAA"). judgment upon any arbitrai award may be entered in any court having jurisdiotlon. The arbitrator shall follow existing substantive law to the exten consistent with the FAA and applicable statutes of Iimitati< and shall honor any claims or privilege recognized by law. party requests, the arbitrator shall write an opinion contair the reasons for the award. No Claim submitted to arbitration is heatc1 by a jury ai no Claim may be brought as a class action or as a private attorney general. You do not have the right to act as a cl representative or participate as a member of a class of claimants with respect to any Claim. This Arbitration ant Litigation Section applies to all Claims now in existence that may arise in the future. This Arbitration and Litigation Section shall survive thi termination of your account with us as well as any voiunt 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 Seo "we" and "us" means MBNA America Bank, N.A., its paren subsidiaries, affiliates, licensees, predecessors, successor assigns. and any purchaser of your accountrand all of the officers, directors, employees, agents and assigns or any all of them. Additionally. "we* or "us" shall mean any thir party providing benefits, services, or products in connectl with the account lincluding but not limited to credit bure merchants that accept any credit device issued under the account. rewards or enrollment services, credit' insurance companies. debt collectors and all of their officers, direct, employees and agents) if, and only if, such a third party is named by you as a co-defendant In any Claim. you assert against us. IF any part of this 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 unenforceabflity. THE RESULT OF THIS ARBITRATION AGREEMENT IS T EXCEPT AS PROVIDED ABOVE, CLAIMS CANNOT BE LIT! GATED IN COURT, INCLUDING SOME CLAIMS THAT COL 10 (HAVE BEEN TRIED BEFOREA IURY; AS CLASS ACTIONS OR JAS 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 AGENCY; AND NOT GUARANTEED BY THE BANK., . I PURCHASE OF CREDIT INSURANCE IS NOT A CONDITION OF OBTAINING CREDIT. IF COVERAGE IS DESIRED, IT MAY BE PURCHASED ELSEWHERE. Credit Insurance pays your minimum monthly payment' i up to your balance on the'date of loss Inot to exceed $25,000, except disability in MN), until you return to work" if you are involuntarily unemployed, totally disabled, or if you or your spouse takes covered family leave: Credit Insurance also I pays your insured outstanding balance up to the least of your :outstanding balance. your credit limit (not AL, AZ, AR. DE. DC, ID, IL, IA. LA. MD, MN, MS. NV. ND, OH, OK, RI;:SD;:VT, i WA, WV & WY). or $25,000 if you die. i ib • One insured per account (insured must be the primary cardholder or a co-applicant. authorized. ubers ere nut eligible), under age 66 (70 in AZ, NV & VA: 71 in FL, GA.' Mi. MO & OK: 72 in NM). Your coverage ends at these same ages '(except family leave in AZ, FL & SD & unemployment). When enrolled, certificates will be mailed explaining your coverage & effective date. In MN, unemployment coverage is effective 61 days from your certificate effective date. For unemployment or family leave benefits, you must be gainfully employed ' i working at least 30 hrsrwk (not self-employed or an independent contractor) for 90 consecutive days before the date of loss (CO - before application date), (PA - on the date of loss), I ITX - before coverage effective date for unemployment). i Employees of professional corporations may be eligible. Coverages & Benefits; Credit Insurance covers: your death: involuntary unemployment due to job loss, general strike, unionized labor dispute: or lockout; total disability due I to sickness or injury if you are unable to perform the material & substantial duties of your job for any lob after 12 mos. In I PA, 18 mos. in AL. AZ, AR, CA, DE, DC, GA. HI, ID, IL. IA, KS, LA, MD, MN. MS. NV.:NI. ND. OH, OK, RI, SD, TN, VT. WA, WV, W1 & 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 incapacitated immediate family member(must be spouse, child, stepchild or parent in AK): mandatory recall to active military duty; jury duty (except in AK): or residence in a federally declared disaster area. Loss (not death) must I. continue at least 30 days before benefits begin. In NY, for. strikes,. unionized labor disputes & lockouts, you must be. i unemployed for 7 consecutive weeks & qualify for state unem- ployment benefits before benefits begin. A daily benefit is j paid for each day of loss over 30 days for unemployment in NY & PA, and disability in CA, CT, GA, NY, MI, PA, RI & SC. j You may cancel this coverage at any time. If canceled within the first 30 days of coverage, all premiums will be refunded. Exclusions; Life: suicide.in the first 6 months:of coverage (not MD & MO). Involuntary Unemployment: retirement, resignation, voluntary forfeiture of income or jab loss due to willful or criminal misconduct, disability. strikes in IL. military discharge in NY & normal seasonal unemployment in TX. Disability: normal pregnancy or childbirth (not CA. MA & NY), intentionally self-inflicted injuries trot MD). or a pre-existing medical condition during first 6 months of coverage Inot NI). Family leave benefits are not paid if you are eligible for 6. receiving unemployment benefits or are disabled. This is only a brief description of coverage, and coven vary by state. Please refer to your certificates for a full explanation of coverage. ' Costs Der S 100 oer Month of Average Dally &alance: Costs apply to Life (L). Disability (D), Unemployment (U) Family Leave (F): AL 54.5c: AK 78c: AZ 99.94; AR 99c: CA 89.94: CO 50.664; CT 42.89c:.DE 99.94; DC 99.94: FL 89c: G 90.8x, HI 89,91 c; ID 99.54 (L 8:6c. D 16.94, U 54c, F 20c); It 80.974: IN 96c: IA 97.84 (L 7.24: D 16.64, U 544, F 20c); KS 85.474: KY 97.44; LA 99.934: ME 53.05c; MD 79.744: MA 15 MI 85.74: MN 31.474: MS 9254; MO 61.1c: MT 93.94: NE 95.84: NV 99.874: NH 95c; NI 97c; NM 58.94; NY 52.54 (L 8. D 26.84, U 16.94); NC 71.34; ND 94.974: OH 99.94; OK 97.4'. OR 80.8x. PA 38.1 c: PR 99c; RI 99.84: SC 78.84; SD 99.9x, TI 92.54: TX 33.74 (L 4.8c. D 12.94. U 16c); UT 90.444; VT 34.9: (L 6.684, D 12.244, F 164); VA 84c (L 6.I c. D 8.9c. U 49c, F 20c): WA 89.394; WV 99.54: WI 93.64 (L 5.7c. D 8.9c. U 59c, 204) & WY 99.74. Availability: Involuntary Unemployment is not available MA or VT. Family Leave is not available in AL, CT, MA, MD, MN, NM, NY, PA, or TX. Underwriting Comnanies/Policy: Involuntary Unemployment: American Security/LOI(5/85), LOI NY(3/931 AS LO1 TX(11199), LOIC-]P-KS(2/96), LOIC-IP-CRS-ME(5185) 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, 01 RI, SD, VT.WA. WV & WY: Standard Guaranty Life (TX only)/ L-I-Z(8/92)(3.53RA), First Fortis Life (NY Life only)/NYLM00American Security (NY Disability only)/W-S-A, Fortis Insurance (ME only)/U-X-A. Family Leave: American Security/FLP (4/97), FLP-FL(12/97) in FL, FLP-NC (3/98) in N FLP-OK(4/97) in OK, FLP-VA(2/98) In VA, FL-IP(AZ)(7/98) in AZ, FL-IP(4/971 in IL & IN, FLIP-KS (12/97) in KS, FLIP-ME (4,99) in ME: FL-IP-WY(4/97) in WY; Standard Guaranty/FLP (4197) in NH; Union Security LIWFLP-VT(4/97) in Vr. Sol(citii agents for Mississippi and Florida are Charles M. Gordon am Pamela Curtis respectively. The creditor may receive compensation in connection wit this offer. It is a crime to provide false or misleading information to a insurer for the purpose of defrauding the Insurer or any other person. Penalties include imprisonment and/or fines. In additio 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. In Mi. cove age pays 5% of the balance on your date of disability up to $1250. In OR, coverage pays the,greater of 1/36th of the bal- ance or the current minimum payment due on your date of loss. In NY & PA, coverage pays the minimum payment due on your date of loss. In TX, 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 will not exceed 9 for family leave; 12 for unemployment in AL, AK, CT, IL, Ml, MP MO, NM, NC. NY, PA, SC & TX; 12 for disability in AK, CO. Cr. FL. KY, MA. MO, MT, NE, NH, NM, NC, OR, SC, UT & VA. NY, NJ & TX Residents Only: To purchase coverages separatell write to Assurant Group, P. 0. Box 50355, Atlanta, GA 30302. Applications will be sent to you. 12 f 219/01 MBNAULOI (MBNA- VD/Uncapped LOVFL) 25000 DISC-101 MBNA America® and GoldPlus® are federally registered sen marks of MBNA America Bank N.A. 0 2000 MBNA America Bank, N.A. AGMT90 (Revised 4/2001) EXHIBIT "B" III NATIONAL ARBITRATION FORUM 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 20850-5775 CLAIMANT(s), AWARD RE: MBNA America Bank, N.A. v Clyde L Bertrom File Number: FA0209000124629 Claimant File Number: 5329007933005355 Clyde L Bertrom 1023 YORK RD Dillsburg, PA 17019-9003 RESPONDENT(S). The undersigned Arbitrator in this case FINDS: I. That no known conflict of interest exists. 2. That on or before 09/06/2002 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 Respondent has filed a response with the Forum and served it on the Claimant. 5. That the matter has proceeded in accord with the applicable Forum Code of Procedure. 6. The Parties have had the opportunity to present all evidence and information to the Arbitrator. 7. That the Arbitrator has reviewed all evidence and information submitted in this case. 8. 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 $4,735.72. Entered in the State of Pennsylvania ACKNOWLEDGEMENT This Award was duly entered and delivered to the parties on this date. Honorable Harold Kaliaa AA. Mager, Arbitrator Date: 02/11/2003 Director of Arbitration 02/11/2003 SHERIFF'S RETURN - REGULAR CASE NO: 2003-06326 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MBNA AMERICA BANK N A VS BERTROM CLYDE L GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BERTROM CLYDE L the DEFENDANT , at 2045:00 HOURS, on the 12th day of December , 2003 at 1023 YORK ROAD DILLSBURG, PA 17019 by handing to LINDA BRUNNER, GIRLFRIEND 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 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this IS4? day of A.D. rothdnoutary So Answers: R. Thomas Kline 12/15/2003 WOLFSON & ASSOC By° ?pt?? Deputy riff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff CIVIL ACTION - LAW V. CLYDE L. BERTROM, : NO. 03-SU-6326 Civil Term Defendants DEFENDANT'S PRELIMINARY OBJECTIONS Defendant, Clyde L. Bertram, by his undersigned attorney, preliminarily objects to Plaintiffs Complaint, as follows: 1. LACK OF CONFORMITY TO RULE OF COURT 1. Pursuant to Pa.R.C.P. 1019(f), averments of time, place and items of special damages shall be specifically stated. 2. The Complaint purports to state a claim against Defendant for default under the terms and conditions governing the use of a credit card. 3. Paragraph 3 of the Complaint states that Defendant was issued an open end credit card but fails to include averments of time or any facts sufficient to identify the specific account and parties thereto. 4. Plaintiffs Complaint attaches a copy of the alleged terms and conditions for use of the credit card but fails to identify a specific date upon which the purported agreement was commenced. 5. In addition, the Complaint does not specifically describe the nature of default in violation of Pennsylvania Rule of Civil Procedure 1019(a) which requires that "the material facts on which a cause of action or defense is based shall be stated in a concise and summary form". 1 6. More particularly, the Complaint fails to explain the terms that Defendants breached or the payments Defendants allegedly failed to make by (1) omitting the date or dates the bank credited the account (2) including the amount or amounts lent and (3) the calculation of reasonable attorneys fees and costs included with Plaintiffs demand for special damages. 7. As a result, plaintiffs complaint is vague and general and does not specifically state that money was loaned or debt incurred or what, if any, payments are due and the nature of the charges included as part of the amount Plaintiff claims to be owed. 8. Plaintiffs complaint lacks sufficient specificity to apprise defendant of the issues to be litigated, to allow him to adequately prepare and assert defenses to plaintiffs allegations, and/or to identify and join any potentially responsible parties as additional defendants. 9. Additionally, Plaintiffs allegations are merely conclusionary statements, and violate Pa. R.C.P. 1019(a). 10. Under Pa. R.C.P. No. 1028(a)(2), a party may preliminarily object by way of a motion to strike off a pleading because of lack of conformity to law or rule of court. 11. The substance of Plaintiffs Complaint violates the Pennsylvania Rules of Civil Procedure and must be dismissed. WHEREFORE, Defendant respectfully requests that Plaintiffs Complaint against him be dismissed for lack of conformity to the Pennsylvania Rules of Civil Procedure. II. INSUFFICIENT SPECIFICITY OF A PLEADING. 12. Plaintiffs Complaint generally avers, in paragraph 5 thereof, that Defendant was provided copies of Statements of Account and, in paragraph 9 thereof, that Defendant made sporadic and irregular payments which have been applied to the account. 13. The Complaint generally asserts a breach of contract and other failures of performance against Defendant. 2 14. The Complaint fails to allege that money or something of value was lent to the Defendant. 15. Plaintiffs Complaint fails to allege that money was debited from the Plaintiffs assets at the time Defendant's account was credited or opened. 16. Plaintiffs Complaint does not describe the assets within the control or ownership of Plaintiff that were allegedly lent to the Defendant. 17. The Complaint fails to state any facts upon which the amount of damages may be calculated, in violation of Pennsylvania Rule of Civil Procedure 1019(a), which requires that "the material facts on which a cause of action or defense is based shall be stated in a concise and summary form." WHEREFORE, Defendant respectfully requests this Court to require that Plaintiff plead more specifically the averments of its complaint relating to damages and the nature of the default. III. PRELIMINARY OBJECTION RAISING FAILURE TO CONFORM TO APPLICABLE RULES OR LAW. 18. The verification to plaintiff's complaint was not made by one of the plaintiffs, but rather was made by plaintiff's attorney, Amy F. Wolfson, Esq. 19. Pa. R.C.P. 1024(c) requires that: The verification shall be made by one or more of the parties filing the pleading unless all the parties (1) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading. In such cases, the verification may be made by any person having sufficient knowledge or information and belief and shall set forth the source of his information as to matters not stated upon his own knowledge and the reason why the verification is not made by a party. 20. The verification to plaintiff's complaint was not taken by the plaintiff, does not set forth the source of plaintiff's attorney's information as to the matters contained in the complaint. 21. Under Pa. R.C.P. 1028(a)(2), a party may preliminarily object by way of a motion to strike off a pleading because of lack of conformity to rule of court. 22. The verification to plaintiffs' complaint is defective under Rule 1024(c). 3 23. The verification being defective, plaintiffs' complaint is not properly verified as required of a pleading under Rule 1024(a), and must be stricken. WHEREFORE, defendant respectfully requests that plaintiffs' complaint be stricken. Respectfully submitted BRATIC & PORTKO Dated: oyf L (- Stephen Portko, Esquire Attorney I.D. No. 34538 101 U.S. Route 15 South Dillsburg, PA 17019 (717) 432-9706 Attorneys for Defendant 4 CERTIFICATE OF SERVICE HEREBY CERTIFY that a true and correct copy of the foregoing Preliminary Objections was furnished by U.S. Mail, first class, postage prepaid on this 15th day of January 2004, to: Amy F. Wolfson, Esquire WOLFSON & ASSOCIATES, PC 267 East Market Street York, Pennsylvania 17403 Attorneys for Plaintiff BRATIC & PORTKO Dated: U I S v 9 c? ?'- I({? Stephen Portko Attorney I.D. No. 19249 101 U.S. Route 15 South Dillsburg, PA 17019 (717) 432-9706 Attorneys for Defendant 5 r a_ Pis' C?l C ].c ,r- ? r2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., No. 03-SU-6326 Civil Term Plaintiff VS. CIVIL ACTION - LAW CLYDE L. BERTROM, Defendant PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW, TO WIT, this 11? day of 't'} QAaj& , 2004, comes the Plaintiff, MBNA America Bank, N.A., by and through its attorneys, Amy F. Wolfson, Esquire, and the law firm of Wolpoff 8t Abramson, L.L.P., and files the following Response to Defendant's Preliminary Objections as a statement herein: LACK OF CONFORMITY TO RULE OF COURT t . Denied. The allegations contained in paragraph 1 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at trial. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that Defendant was issued an open end credit card by Plaintiff. It is denied that Plaintiff has failed to include averments relative to time and/or facts sufficient to identify Defendant's responsibility for the debt at outlined in Plaintiff's Complaint. By way of further response, an authenticated Arbitration Award from the National Arbitration Forum, which clearly identifies the parties and the account number of Defendant's open end credit card, was attached as an exhibit to Plaintiff's Complaint. Further, Plaintiff's Complaint is a written document which speaks for itself. 4. Denied. After reasonable investigation, Plaintiff is without sufficient information or knowledge to form a belief as to the truth or veracity of this allegation. Therefore, same is denied and strict proof is demanded at trial. By way of further response, Plaintiff's Complaint is a written document which speaks for itself. 5. Denied. The allegations contained in paragraph 5 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at trial. By way of further response, Plaintiff's Complaint clearly states that Defendant was issued an open end credit card account by Plaintiff, and that Defendant has been a regular user of said charge card for the purchase of products, goods and/or obtaining services, and as a result of same, Defendant has incurred the account balance which is currently due and owing to Plaintiff, due to sporadic and irregular payments made on the Defendant's account balance with Plaintiff. 6. Denied. After reasonable investigation, Plaintiff is without sufficient information or knowledge to form a belief as to the truth or veracity of this allegation. Therefore, same is denied and strict proof is demanded at trial. By way of further response, Plaintiff's Complaint clearly states that Defendant was issued an open end credit card account by Plaintiff, and that Defendant has been a regular user of said charge card for the purchase of products, goods and/or obtaining services, and as a result of same, 2 Defendant has incurred the account balance which is currently due and owing to Plaintiff, due to sporadic and irregular payments made on the Defendant's account balance with Plaintiff. 7. Denied. After reasonable investigation, Plaintiff is without sufficient information or knowledge to form a belief as to the truth or veracity of this allegation. Therefore, same is denied and strict proof is demanded at trial. By way of further response, Plaintiff's Complaint clearly states that Defendant was issued an open end credit card account by Plaintiff, and that Defendant has been a regular user of said charge card for the purchase of products, goods and/or obtaining services, and as a result of same, Defendant has incurred the account balance which is currently due and owing to Plaintiff, due to sporadic and irregular payments made on the Defendant's account balance with Plaintiff. By way of further response, an authenticated Arbitration Award from the National Arbitration Forum, which clearly identifies the parties and the account number of Defendant's open end credit card, and the amount due and owing to Plaintiff by Defendant, was attached as an exhibit to Plaintiff's Complaint. 8. Denied. The allegations contained in paragraph 8 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at trial. By way of further response, Plaintiff's Complaint clearly states that Defendant was issued an open end credit card account by Plaintiff, and that Defendant has been a regular user of said charge card for the purchase of products, goods and/or obtaining services, and as a result of same, Defendant has incurred the account balance which is currently due and owing to Plaintiff, 3 due to sporadic and irregular payments made on the Defendant's account balance with Plaintiff. 9. Denied. The allegations contained in Paragraph 9 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at trial. 10. Denied. The allegations contained in paragraph 10 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at trial. 11. Denied. The allegations contained in paragraph 1 1 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at trial. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendant's Preliminary Objections to Plaintiff's Complaint. II. INSUFFICIENT SPECIFICITY OF A PLEADING 12. Denied. After reasonable investigation, Plaintiff is without sufficient information or knowledge to form a belief as to the truth or veracity of this allegation. Therefore, same is denied and strict proof is demanded at trial. By way of further response, Plaintiff's Complaint is a written document which speaks for itself. 13. Denied. The allegations contained in paragraph 13 of Defendant's 4 Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at trial. By way of further response, Plaintiff's Complaint is a written document which speaks for itself. 14. Denied. After reasonable investigation, Plaintiff is without sufficient information or knowledge to form a belief as to the truth or veracity of this allegation. Therefore, same is denied and strict proof is demanded at trial. By way of further response, Plaintiffs Complaint clearly states that Defendant was issued an open end credit card account by Plaintiff, which is a financial institution, and that Defendant has been a regular user of said charge card for the purchase of products, goods and/or for obtaining services. Further, Plaintiff's Complaint is a written document which speaks for itself. 15. Denied. After reasonable investigation, Plaintiff is without sufficient information or knowledge to form a belief as to the truth or veracity of this allegation. Therefore, same is denied and strict proof is demanded at trial. By way of further response, Plaintiff's Complaint clearly states that Defendant was issued an open end credit card account by Plaintiff, which is a financial institution, and that Defendant has been a regular user of said charge card for the purchase of products, goods and/or for obtaining services. Further, Plaintiffs Complaint is a written document which speaks for itself. 16. Denied. After reasonable investigation, Plaintiff is without sufficient information or knowledge to form a belief as to the truth or veracity of this allegation. Therefore, same is denied and strict proof is demanded at trial. By way of further response, Plaintiffs Complaint clearly states that Defendant was issued an open end credit card account by Plaintiff, which is a financial institution, and that Defendant has been a 5 regular user of said charge card for the purchase of products, goods and/or for obtaining services. 17. Denied. The allegations contained in Paragraph 17 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at trial. By way of further response, Plaintiffs Complaint is a written document which speaks for itself. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendant's Preliminary Objections to Plaintiff's Complaint. III. PRELIMINARY OBJECTION RAISING FAILURE TO CONFORM TO APPLICABLE RULES OF LAW. 18. Admitted. By way of further response, a representative of Plaintiff was outside of the jurisdiction of the Court, and therefore, a Verification of same could not be obtained within the time allowed for filing Plaintiff's Complaint. 19. Denied. The allegations contained in paragraph 19 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at trial. By way of further response, in regards to the within matter, a representative of Plaintiff was outside of the jurisdiction of the Court, and therefore, a Verification of same could not be obtained within the time allowed for filing Plaintiff's Complaint. 20. Denied. After reasonable investigation, Plaintiff is without sufficient information or knowledge to form a belief as to the truth or veracity of this allegation. Therefore, same is denied and strict proof is demanded at trial. By way of further 6 response, the Verification attached to Plaintiff's Complaint clearly states that, "Amy F. Wolfson, Esquire, is the attorney for Plaintiff, who is located outside of this jurisdiction and in order to file the Complaint in an expedient and timely manner, she is authorized to take said Verification on behalf of Plaintiff, and verifies that the statements made in said Complaint are true and correct to the best of her knowledge, information and belief, based upon information provided to her by Plaintiff". 21. Denied. The allegations contained in paragraph 21 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at trial. 22. Denied. The allegations contained in paragraph 22 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at trial. By way of further answer, as stated in Defendants' Preliminary Objections, Pa.R.C.P. 1024 (c) states that "The verification shall be made by one or more of the parties filing the pleading unless all the parties ... (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for the filing of the pleading." By way of further response, in regards to the within matter, a representative of Plaintiff was outside of the jurisdiction of the Court, and therefore, a Verification of same could not be obtained within the time allowed for filing Plaintiff's Complaint. 23. Denied. The allegations contained in paragraph 23 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at trial. By 7 way of further answer, as stated in Defendants' Preliminary Objections, Pa.R.C.P. 1024 (c) states that "The verification shall be made by one or more of the parties filing the pleading unless all the parties ... (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for the filing of the pleading." By way of further response, in regards to the within matter, a representative of Plaintiff was outside of the jurisdiction of the Court, and therefore, a Verification of same could not be obtained within the time allowed for filing Plaintiff's Complaint. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendant's Preliminary Objections to Plaintiff's Complaint. Respectfully submitted, Amy F. Wolfson, Es4uire WOLPOFF 81 ABRAMSON, L.L.P. 267 East Market Street York, PA 17403 (717) 846-1252 ID No. 87062 Attorney for Plaintiff 8 VERIFICATION Amy F. Wolfson, Esquire, hereby states that she is the attorney for the Plaintiff, MBNA America, 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 Plaintiff's Response to Defendant's Preliminary Objections 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. Amy F. WglTson, Esquire WOLPOFF 8t ABRAM N, L.L.P. 267 East Market Street York, PA 17403 (717) 846-1252 ID No. 87062 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., No. 03-SU-6326 Civil Term Plaintiff VS. CIVIL ACTION - LAW CLYDE L. BERTROM, Defendant CERTIFICATE OF SERVICE 1, AMY F. WOLFSON, ESQUIRE, do hereby certify that I served a copy of the foregoing Plaintiff's Response to Defendant's Preliminary Objections upon the counsel of record for the Defendant, by First Class Mail, Postage Prepaid, a copy thereof on this 5 day of 7??Y?1?Gi , 2004, to: Steven Portko, Esquire BRATIC AND PORTKO 101 Office Center, Suite A 101 U.S. Route 15 South Dilisburg, PA 17019 Amy F. 267 East Market Street York, PA 17403-2000 (717) 846-1252 I.D. No. 87062 Attorney for Plaintiff 5-: o s T ?' "t3 TI y",- -7 S (D j Z-1fl Cit IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., Plaintiff VS. CLYDE L. BERTROM, Defendant (0-3w, NO. 03-SU-6@M Civil Term CIVIL ACTION - LAW PLAINTIFF'S PETITION TO CONFIRM ARBITRATION AWARD PURSUANT TO 42 Pa.C.S.A. §7313 AND NOW, TO WIT, this day of 2001 comes the Plaintiff, MBNA America Bank, N.A., by and through its attorneys, Amy F. Wolfson, Esquire, and the law firm of Wolpoff 8z Abramson, LLP, and files the following Petition to Confirm Arbitration Award, and in support avers as follows: Plaintiff/Petitioner, 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 with its principal offices located at Two Irvington Centre, 702 King Farm Boulevard, Rockville, Maryland 20850. 2. Defendant/Respondent, Clyde L. Bertrom, is an adult individual with a last known address of 1023 York Road, Dillsburg, Cumberland County, Pennsylvania 17019. 3. That pursuant to the Credit Card Agreement Additional Terms and Conditions, which Defendant/ Respondent received when Plaintiff/Petitioner issued Defendant/Respondent an open end credit card account, the parties agreed that this matter be referred to Arbitration in the event of any claim and/or dispute if the account is referred to collection. A true and correct copy of said Credit Card Agreement Additional Terms and Conditions is attached hereto, incorporated herein and marked as Exhibit "A". 4. That in early 1999, Plaintiff/Petitioner forwarded to Defendant/Respondent a document titled, "Important Amendments To Your Credit Card Agreement." A true and correct copy of said document is attached hereto, incorporated herein and marked as Exhibit "B". 5. That said document again provided Defendant/Respondent with details of the Arbitration clause, pertaining to Defendant/Respondent's open end credit care account, in the event of any claim and/or dispute if said account is referred to collection, and further afforded Defendant/Respondent until January 25, 2000, to notify Plaintiff/Petitioner by written correspondence that Defendant/Respondent did not wish for Defendant/ Respondent's account to be subject to said Arbitration Section. See Exhibit "B" as previously identified and incorporated herein. 6. That Defendant/Respondent did not forward any written correspondence to Plaintiff/Petitioner by January 25, 2000, in order to opt out of the Arbitration process, and therefore Plaintiff/Petitioner properly referred this matter to the National Arbitration Forum pursuant to the Arbitration Section of Defendant/Respondent's open end credit card account, when Defendant/Respondent defaulted under the terms of the aforementioned open end credit card Agreement. 7. That the National Arbitration Forum then forwarded to Defendant/ 2 Respondent a Notice of Arbitration and Arbitration Claim form, and said documents explained Defendant/Respondent's rights and options pursuant to the Arbitration process. A true and correct copy of Notice of Arbitration and Arbitration Claim form are attached hereto, incorporated herein and marked as Exhibit "C". 8. That due to the fact that Defendant/Respondent did not provided a written response to the National Arbitration Forum within the allotted thirty (30) day time period, to either state Defendant/Respondent's reply and/or defenses to said Claim or to request a hearing before the National Arbitration Forum, an Arbitration Award was entered on February 11, 2003, in favor of Plaintiff/Petitioner and against Defendant/Respondent in the amount of Four Thousand Seven Hundred Thirty-Five and 72/100 ($4,735.72) Dollars. A true and correct copy of the Arbitration Award is attached hereto, incorporated herein and marked as Exhibit "D". 9. That the Credit Card Agreement Additional Terms and Conditions and document titled, "Important Amendments To Your Credit Card Agreement" both state that judgment upon any arbitration award may be entered in any Court having jurisdiction. 10. That Plaintiff/Petitioner has filed the within Petition, pursuant to the Uniform Arbitration Act, in an attempt to obtain judgment against Defendant/ Respondent in a forum which is better suited to secure a collectible judgment against Defendant/ Respondent, as the aforementioned Arbitration Award is non-binding and unenforceable outside the scope of the Court of Common Pleas. 11. That Plaintiff/Petitioner is entitled to the relief requested in the within 3 Petition due to the fact that the aforementioned Arbitration Award was properly obtained by Plaintiff/Petitioner; because this Honorable Court has jurisdiction over the Defendant/Respondent to confirm the aforementioned Arbitration Awar0; and because Defendant/Respondent did not make an application, pursuant to 42 Pa.C.S.A. §7314, within thirty (30) days of receipt of the aforementioned Arbitration Award, with the Court to have said Arbitration Award vacated, modified and/or corrected. WHEREFORE, Plaintiff/Petitioner respectfully requests that this Honorable Court confirm the Plaintiff's Arbitration Award, pursuant to 42 Pa.C.S.A. §7313, and enter judgment in favor of Plaintiff and against Defendant in the amount of Four Thousand Seven Hundred Thirty-Five and 72/100 ($4,735.72) Dollars. Respectfully re Amy F. olfson, Firreeeett WOLP F 8t A SON, LLP 267 East Market York, PA 17403 (717) 846-1252 ID No. 87062 Attorney for Plaintiff VERIFICATION Amy F. Wolfson, Esquire, hereby states that she is the attorney for the Plaintiff, MBNA America, 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/Petitioner in the within action and verifies that the statements made in the foregoing Petition 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. WOLPOR & ABR?SON, LLP 267 East Market Str et York, PA 17403 (717) 846-1252 ID No. 87062 Attorney for Plaintiff EXHIBIT "'A" V? ? 4,9,4 r. .??•?, ?,.:rta { (?" lbltiatk 1 EXHnnIBIT Lr AGM, se Your Contract With Us YouT Credit Card Agreement with us consists of these Additional Terms and Conditions and the document called f the Required Federal Disclosures or the Initial Disclosure. You agree to the terms and conditions of this Agreement. For the purpose of the Privacy Noitce,.we will use the deiinitic y contained in the third paragraph of the Privacy Notice. For' the rerrmaind=_r of the Agreement, we will use the definition: described under the section he=ding Words Used Often in 4 TAisAgreement. 4 I . Privacy Notice Your privacy Is Important to us: At NtBNA, we are i committed to providing you with the finest financial I products and services backed by consistently top-qual service. And while information about you is fundament to our ability to do this, we fully recognise the importer i of keeping personal and account Information secure, j To offer you the widest range of products and service `, 1 MBNA may share Information about you both within MBNA and outside of MENA with other companies. • , i This a Ilows us to offer you products and services that they are available directly from MBNA or through our relationships with otheh,companies. . We want you to understand our Informatfon,rsafeguaids, what Informati( we collect, what Inforrnatian' we share, and the benefits you receive when we share.lnformatfon about you. This notice describes tlie+prlvacy practices of MEN, Corporation-nnd all '•SBNA affiliates, Including MBNA America Bank, N.A., MBNA America.(Delaware),.N.A., Palladian Travel Services, Inc:, MBNA Hallmark Information Services, Inc;., MENA Marketing;Systems, Inc., and MENA In tuirance Agency, lnd.'(dbllectively, "MBNA'), for financial products and services govern a( by the laws of the United States of America. This notice explains MBNAs Information collection and sharing practices and, iets,you choose whether or not MBNA may share certain Information about you,elth- within MBNA or outside of MENA wEh other companie our Security Procedures: MBNA understands the Importance of protecting and securing Information an using It appropriately. Accessto information about yc is restricted to the people of MBNAwho require itto provide products or services to you, We maintain physic electronic; and procedural safeguards that`cdmpfywit federal standards for the security.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 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 ef l- clently. MENA requires any company.receiving infor• mation from MBNA to sign a Confidentiality Agreernel containing these requirements and obligating that company to protect the information as we would. Information We Collect: MBNA collects and uses nonpublic personal information about you to condt our business and to consistently deliver-the top-qua 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 or communication with us including through the mail, by telephone, or over the Internet: • Information we receive from third parties, such at consumer reporting agencies, to verl'rystatements 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 Shan of the information we collect about you with financial s ice companies within MBNA to offer additional produce services that may interest you and best meet your need, we believe this is convenient for you and may save you 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 dedsion to • chase any such products or services is yours alone. Yc may tell us not to share credit eligibility information a' you within MBNA but please understand this does no prohibit Us.'rom of_`_ring you additional products anc services or from sharing transaction and experience, identification, and other information within MBNA. Information We Share With Others: From time time, we may allow companies outside of MBNAto e you their products and services that'may Interestyor These products and services may be offeredby finan . service providers (such as banks, loan brokers, Scoot aggregators, insurance agents, insurance companies mortgage bankers, and securities broker-dealers), by f financial companles (such as retailers, directmarkete communications companies. Internet serviceprovid( . manufacturers, service companies, travel agents, cru ' lines, car rental agencies, hotels, airlines, publishers and organizations endorsing MBNA financial produ or services), and others (such as nonprofit prganizati Subject to applicable law, we may share ail the info tion we collect with these companies outside of ME unless you tell us not to. Additionally, we may share all the information w collect with companies that perform marketing or c services on our behalf or to other financial institut• with which we have joint 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' a collect with companies assisting us in servicing yc loan or products c and services through affinity agreement s 2 with government entities in response to subpoenas or regulatory requirements, and with consumer reporting agencies. if you tell us not to share info rmaluion 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 j in these additional circumstances. important information About Your Choice: We're dedicated to serving your needs-and to respecting i 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 NIBNA 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 1.866-751-1255. We will ask you to verify your Identity and the specific accounts to which the opt out applies, so please have all your account, membership, or reference numbers and your Social Security, nurnberor, Taxpayer Ident! ficatlon.number for deposit accounts ' NIBNAappliesOpt oufsatthie'accountlevel, not by i individual Customer, When any,person•listedwith others bn an account opts out Ifor example;'a b3-applicant, joint j account holder, or authorized'user),wewillIlktheentire acocuntas having opted out. MBNA will continue to adhere to its disciosed.privacy.prattices focan account even if it becomes Inactive or is.'dosed, An opt out frd infon;iation sharing on an account as described above, either witKir MBNA ar d/or with companies outside of MBNA, remains effective unless i revoked in writing. Federal regulations require us'to'. provide this notice on an annual basis; whetheror 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 op':ed out from either or both types, of 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 j { regarding MBNAs'privacypradtees:eoncerningthe f Internet, and to view the most recent version of.this privacy notice, please go to nn mbna cam and click on "Privacy Notice." You may have other privacy pro- { . i tections under state laws: We may amend this privacy notice at any time, and we will inform you of changes as required by law. I Vllords Used Often in Thi3•Agreement "Agreement" or 'Credit card Agreement' means these Additional Terms and Conditions and, the Required Federal Disclosures (or the Initial Disclosureand any changes we make to those documents from time to time. "You" and "your' mean each and all of the persons who are granted. accept or use an account we hold. "You and "Your" I also mean any other person who has guaranteed payment of this account. when used In the sections entitled, We t,:ld, Monitor and Record Telephone Calls, and Arbitration and LtUgat and when used in each of the sections relating to payn, this account (Your Promise to Pay, and How WeAllocate Yo+r Payments, for example). "We," "us,"."our" and "MENA America' mean MENA America Bank, N.A. "Card" nesns all the credit cards we issue to you end any other person with authofization for use on this acco pursuant to this Agreement. "Access check" means an access check we provide to 1 make a Check Cash Advance on your account. It we use a capitalized term in this document but we [ define the term In this document, the term has themes, ' given in the Required Federal Disclosures, rthe Initial Disclosure, or as used in your monthly statement. We use section headings (such as, Words UsedO(tan W Th s `? Agreement) to organize this Agreement. Theactual terms of, Agreement are in the sentences that follow and not the hea !I Sign Your Card We May Monitor and Record Telephone C You consent to and authorize MBNA America, any of II 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 authorze M6;IAAmerica to collect Information abe you, including credit reports from consumer repartingagen If you believe we have furnished Inaccurate or Incompi Information about you or your account to a eredlt repord agency, write us at: MENA, Credit Reporting Agencies, P.t Box 17054, Wilmington, DE 19884-7094. Please Include y 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 chedrs,.your account nun 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 m: obtain them. Transaction Date for Certain Cash Advan The transaction date for Check Cash Advances and Bali Transfers done by check Is the date you or the person to whom the check Is made payable first deposits or cashes' check. The transaction date for a returned payment (a Be: 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 house, purposes. You may not use your account for business or commercial purposes. You may not use a Check Cash Advance, or any other Cash Advance, to make a payment c this or any other credit account with us. You may not use c permit your account to be used to make any Illegal transact 4 Persons Using Your Account If you permit any person to use your card, access checks. account number, or other credit device with the auBhoritation to obtain credit on your account, you maybe liable for all transactions made by that person Including transactions for which you may not have intended to be liable, even if the amount of these transactions causes yourcraditlimft to be exceeded. Authorized users of this account may have the same access to information about the account and Its users as the accountholders. How You May Stop Payment on an Access Chech You may request a stop 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 requestson an access check are effective for six months from the day that we plats the stop payment. YOU May Not Postdate an Access Check 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 you arising out of the act ion we elect to take. Your promise to Pay you prom Ise to pay us the amounts of all credit you obtain, which includes all Purchases and Cash Advances. You also promise to ay us a:`-.the amounts of finance charges, fees, and any other transactions we charge against your account. Payments' on Your Account You must pay each month at least the Total 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 billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. if you overpay or if there Is a credit balance on your account, we will not pay interest on such amounts. We will re]ea payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. Payment of your Total Minimum Payment Due may not avoid the assessment of Overlimit Fees. When Your Payment Will Be Credited to Your Account we credit payments as of the date received, if the payment is: 11) received by 2 p.m. (Eastern Tlme);.(2) received at the address shown in the upper left-hand corner of the front of your monthly statement: (3) paid with a check drawn 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 pcition 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 credited as of the next day. Credit for 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- In most instances, we will allocate your payments to balance (including new transactional with lower APRs before balance with higher APRs, This will result in new balances with a lower APR (e.g., those with promotional APR offer) being paid before any other existing balances. Promise to Pay 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 refus 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 j at any time under the terms of this Agreement. !Default You will be in default of this Agreement If: (1) You fall to make any required Total Minimum Payment Due by its Paymei i Due Date; (2) your total outstanding balance exceeds-your 3 I credit limit; or (31 you fail to abide by any other terrn of this Jt Agreement Solely for the purposes of determiningellglbility. ante purchased through MBNA, you will be desmed.in defauli or delinquent if you fall to make a payment within 90 days of i your Payment Due Date. our failure to exercise 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 Paymel I 11 you are in default we can require immediate payment of your total c,.usstandl'g balance and, unless prohibited by applicable laviand except as otherwise provided under the %Aliratlan and Litigation section of this Agreement, we can also require you to pay the costs we Incur in 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. Other Payment Terms _ We can accept lace payments. Parual payments,or payme; 1 with any restrictive writing without losing any of our rights j hoe rmthis arked r with Agreement. sfulmens that no laorwtth nyotherrestrictive words. shall operate as an accord and satisfaction without t prior written.approval of one of our senior officars,You may not use a postdated check to make a payment, If you do pica date a payment check, we may elect to honor It upon prese mans or return it uncredited to the person that presenticU without in either case waiting for the date shown on the check. We are not liable to you for any loss or expense i ncurred by you arising out of the action we elect to take. Pat rnent Holidays Wa may allow you, Iram time to time, to omit a monthly payment We will notify you when this option is av gable If you omit a payment, finance charges and any app fees will accrue on your account in accordance with this •: Agreement. You must resume maki rig your Total Minlmurr Payment Out each month following a payment holiday. Transactions Made in Foreign Currenue It you make a transaction in a loreign current). the trap tion will be converted by Visa Intemationai or Mastercard international: depending on which card you use, into au.,- 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 tote used is either ( I) a wholesale market rate or (2) a govemment•nandated rate in effect one day prior to the processing date. Increased by one percent in each.case. Visa or MasterCard retains this one percent as compensation for performing the currency conversion ser?- ice? The currency conversion rate in effect an the processfnq data may differ frd-, the rate in effect on the transaction date or the posting data. Billing Cycle Yo u r bill f ng cycle ends each month on a Closing Date determined by us.. Each bi fiing cycle begins on the day after the Closing Date of the previous billing cycle. Each statement reflects a single billing cycle. Account Tees,W'rid' Charges Account Fees: The following fees, which are set forth on your Required Federal Discldsures or. initial Disclosure, are charged as Purchases in the billing cycle ln.which the fees acc6e: (1) a.Late Fee if the Total Minimum Payment Due shown on Payment Due•Datei- (2) an Overlimit Fee if your New. Balance Total exceeds your credit limit on the last day of a billing cycle, even if fees,or finance charges charged'by:ue cause your New! Balance Total'' to exceed your credit limit an Overlimit Fee Is charged to your account as of the dayJn the billing cycle that your total cut. standing balance on your account exceeds your credit limit: 13) a Returned Paginerit'Feelf a payment on'your account is resumed for insuff ?dent'fu,;Js or for any other reason, even if It is'paid upon subsequent presentment; (4) a Returned Cash Advance Check Fee if we return an access check unpa id for any ieisbn, even if the access check is paid upon subsequent presentment; (5) 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 be provided for free; and (61 an Annual Fee If your account is open or If you maintain an account balance, whethetyori have active charging privileges. or rot. Abandoned Property Charges: Unless prohibited by applicable law, we will charge your account, as a Purchase, for any costs' incurred by us associated' with complying with Sate abandoned proroperty laws. ' 1 Please review your Required federal disclosures orinftiaf' Disclosure foraddltionai fees and charges that may apply to your account. Benefits 'We may offer you certain benefits and services with your 1 account. Unless expressly made a part of this Agreement, any such benefits or services'are not a part'of this Agreement, but are subject to the terms and restrictions outlined In the benefits 1 brochure and other offitial documents provided to you from r time to time by or do behalf of MBNA'America. we may adjust. add, or delete benefits and services at'any time and without notice td you. iI Refusal to Honor Your Account we are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number 1 or any check written an your account. We are not liable for any retentlon 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 or close your account or otherwise to nets your right to use your account. We may do this at time and for any reason. Your obligations under this Agreement continue even after we have done this. You r de=troy all cards. access checks or other credit devices of account when we request. You may Close Your Account You may close your account by natirying us-In writing telephone, and destroying all cards, access checks or oth credit devices on the account. Your obligations under thl Agreement continue even after you hive done this. Transactions After YourAccountIs Clo: When your account is closed, you must contact anyone authorized to charge transactions to your account, such as Internet service providers, health clubs or Insurance camp; These transactions may continue to be charged to your have authorized a transaction or are attempting to use y, account after you have requested to close the account, W 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 changing provisions of t Agreement. When we amend this Agreement we will car with the ar-alicable atice requirements of federal and. Delaware I?+ that are in effect at that time. If an amend gives you the opportunity to (eject the change, and If you the change in the manner provided in such amendment, t may terminate your right to receive credit and may ask y , return all credit devices as a condition of your rejection. amended Agreement (including any higher rate or other I charges fees) will apply to the total outstanding balar includingorthe 6ata ice existing before the amendment becan effective. We may replace your card with another card at ar; We May Sell Your Account we may at any time, and without notice to you, sell, a { or transfer your account, any sums due on your account, Agreement, or our rights or obligations under your accaa ; )r The erson or a gnmen for transfer. to whom we make any such ale, assentity. signed obligations extour ent rights sold and/or Agreement. tto the of Your Credit Limit Your credit limit is disclosd to you when you receive j card and, generally. an each monthly statement. We me change your credit limit from time to time. The amount shown an your monthly statement as Ca Credit Available does not take into account any. Purchas ? Cash Advances, finance charges, fees, any other ttansad or credits which post to your account after the closing t that credit limfi t bstatement. Such transactions eing exceeded and result in the asses: of.Overiimit Fees. Wheat We May Do if You Attempt to Exceed Your Credit Limit Tile Iota( outstanding balance on your account plus authorizations at any time must not be more than your credit IImD:. if you attempt a transaction which results in your total outstanding balance (plus authorizations)exceedingyour credit limit, we may:(]) permit the transaction without raising your credit limit; (2) permit the transaction and tre_,the amount of the transaction that is more than the credit limit as immediately due; or (3) refuse to permit tha transaction. if we refuse to permit the transaction, we may advise the person who attempted the transact ion that It has been refused, if 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 theire 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 permit you to exceed yourcredit limit again. If we decide to permit you to exceed your credit limit, we may charge an overlfmit Fee as provided in thli4eement. Please notify us immediately of the foss, traert, or possible unautharized'.use of your account at 1-800-421.2110. You Must Notify Us When You 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 toyour address. when yru chant= your address, you must nedfy us prcmptly of yourGew address. What Law ApOlies rhis Agreement Is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the and by any oelaware (without regard applicable federal t laws. conflict of laws of the State of laws principles) The Provisions of This Agreement are Severable If any provislonof this Agreement is found to be invalid, the remaining provisions will continue to be effective. _Cur Rights Continue ou r fai lure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. I Arbitration and Litigation This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them in the manner and timeframe required. If you did reject 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 against the other. at against the employees, agents or assigns of the other, arising from or relating In any way to this Agreement ar any prior Agreement or your account (whether under a :statute, in contract, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relien, including !' 9 Claims regarding the applicability of this Arbitration and Lit.!gat for Section or the validity of the entire Agreement o any prior Agreement, shall be resolved by bindl0g arbitrati- The arbitration shall be conducted by the National Arbluat Forum ("NAP'), under the Code of Procedure in effect it the if the Claim is filed. Rules and forms of.' the National Arbitratloi Forum maybe obtained and Claims maybe filed at anyNatic Arbitration Forum office. ww"' orb-forun.com, or P.O. Box 501 Minneapolis, Minnesota :5405, telephone 1-800.474.1371. If NAF is unable or unwilling to act a<_ arbitrator, we may SO stitute another nationally recognized, independent arbitrat organization.that uses a similar code of procedure. At you w,,Itten request, vie will advance any arbitration filing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbitration. The arbitratorwill decide who will be ultimately responsible for paying those fees. in no event will you be required to reimburse us for i arbitration filing, administrative or hearing fees in an amor grew--ter than what your court costs would have been if the, claim had been resolved in a sate court with Jurisdiction. Any arbitration hearing at which you appeair•wlli take, place within the federal judicial district that Includes your bllling address at the time the Claim is filed. This arbitratlon agn -n e commerce and shall be governed by the Federal Aibftratloi Act, 9 U.S.C. §11-16 ("FAA"). ludgmerit upon any arbitratic award maybe entered in any court having jurisdi' don. The arbitrator shall follow existing substantive law to, the extent consistent with the FAA and applicable statutes of limitatior rind shall honor any claims or privilege recognlzed'by law. If party requests, the arbitrator shall write an opinion•contain!1 the reasons for the award. No Claim s:;iomltteiao arbitration is heardby a lury ant private no Claim may be brought as a class action or as a is da a class of representative or part ic pater saa membe right claimants with respect to any Claim. This Arbitration and Litigation section applies to all Claims now in existence o that may arise in the future. This Arbitration and Litigation.5ecdcn shall survive the termination oryour account with us as well as anyvolunta 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 Secti 'we' and'us" means MBNA America Bank. N.A., Its parent subsidiaries, affiliates, licensees, predecessors, successors assigns, and any purchaser of your accountAnd all of then officers, directors, employees, agents and assigns or any a all of them. Additionally; "we" or "ge shall mean any thin party providing benefits, services, or products in connectrt with the account merchants that accept any edit )device issued udder the account, rewards or enrollment services, credlt•insurance companies. debt collectors and all of their officers, directc employees and agents) if. and only if, such a third party Is named by you as a co-defendant in any Claim.yau assert against us. if any part of this Arbitration and Litigation Section Is law Or cal found to be invalid or consistent with the FAA, the unenforceable of this any hit ation Litigation Section shall be enforceable without•regard to invalidity or unenforceability. THE RESULT OF THIS AR517RATION AGREEMENT IS 7 BF LITI CLAIMS EXCEPT AS PROVIDED ABOVE GATED IN CO RT. NC UDINGS MEClAIMSTHAT0O0 10 . ?RAyC OCGIV I RICV OGfVRL'M runt; NJ ?LMAJ AI-IIVrvJ VK iAS PRIVATE ATTORNEY GENERAL ACTIONS. iCREDIT INSURANCE BENEFITS, 'LIMITATIONS, COSTS & EXCLUSIONS ;CREDIT INSURANCE IS: NOT A DEPOSiT,'NOT FDIC- :INSURED; NOT INSURED BY ANY FEDERAL GOVERNMENT jAGENCY;..AND NOT GUARANTEED BY THE BANK.- . , 1 PURCHASE-OF CREDIT INSURANCE IS NOT A CONDITION OF OBTAINING CREDIT. IF COVERAGE IS DESIR-c0, IT MAY BE PURCHASED. ELSEWHERE. Credit.tnsurance pays your minimum monthly payment' j uo to your balance on the date of•loss (not to exceed 525,000, except disability In MT!), until you return to work'' if you are involuntarily unemployed. N disabled, or if you or your • spouse takes covered family leave: Credit Insurance also pays your insured cutstanding'balance up to the least of your . outstanding balance, your credit limit (not AL, AZ. AR, DE, IDC. ID, IL, (A, LA, MD, MN. MS, NV, ND,OH, OK, RhSD;YT, IV/A, WV & WY), cr 525,000If you die. Etlslbility: One Insured per account ensured most bathe' eligible), under age 66 (70 In AZ', NV & VA; 71 in FL; GA; MI, i MO SOK; 72 in NM). Your coverage ends at these same ages {except family leave in AZJL & SO & unemployment). When enrolled, certificates will be malled explaining yaurcoverage & effective date, in MN, unemployment coverage is effective 161 days from your certificate effective date. For unempinyment arfarrlly leave benefits, you must be gainfully employed' working at least 30 hrs/wk (not selFemplayed or an independent contractor) for 9o m=ecutfv6,'days before the date of loss (CO - before application date). (PA- on the date of loss), ITX - before.eoverage effective date for unempl0ymentl. IEmployeees of professional corporations may be eligible. Coverages & Benefits: Creditlnsursnce covers: your death: invaluntary-unempicynent due to lob loss, general due I to strike. unionizd labor or injury if you pare unable k to lierforn theb material & substantial duties of your lob for any job after 12 mos.In I PA;' 18 mos. In AL, AZ, AR, CA, DE, DC, GA. HI, ID. IL, IA, KS, j LA. MD. N1N, Ms. NV,:NI,-ND, OH, OK, RI, SD, TN, VF, WA, WV. WI &Wy); your or your spouses unpaid leave of absence I from employment due to are of your newborn or newly adapted child or an Incapacitated immediate famllymember.(mustbe spouse, child, stepchild or parent in AK); mandatory recall to ! active military duty: jury duty (.except in AK); or residence in I j a federally declared disaster area. Loss (not deathl must 1 continue at least 30 days before benefits begin. In NY, t0r.• • strikes,. unionized labor disputes & lockouts, you. must be., j unemployed for 7 consecutive weeks & qualify for state unem- p[byment benefits before benefits begin, A dally benefit is paid for each day of loss over 30 days for unemployment In NY & PA, and disability In CA, CT, GA, NY. Ml, PA, RI & SC. ( You may cancel this coverage at any time. If canceled within t the first 30 days of coverage, all premiums will be refunded. du ion • Life: suicide.iri the first 6 monthsbfsoyerage Inot DAD & MOl• Involuntary Unemployment: retirement, I resignation. voluntary forfeiture of income or lab lass due to willful or criminal misconduct, disability, strikes in'll military i • discharge In NY & normal seasonal unemployment in'TA, j ; Disability: normal pregnancy or childbirth (not CA, MA & N'/)• intentionally self-inflicted injuries (not mol. or a pre-existing 1 : medical condition during first 6 months of coverage Inot NI). Farrilly leave benefits are not paid if you are eligible for ar receiving unemployment benefits Or are disabled. This is only a brief description of coverage, and coven es vary by state. Please refer to your certificates for a full explanation of coverage. t [ 00 n r Month of Average Dilly Balance ciao costs apply apply t Life (W, Dtsabflity (0), Unemployment (U) 6 F=_rnily Leave IF): AL 54,5c; AK 78c; AZ 99.9c; AR 99c: CA 899c. CO 50.66c; CT 42.89c;. DE 99.9c; DC 99.9c; FL 89c; GA 90.3c; HI 89.91 c; ID 99.5c (L 5:6c. D 16.9c, U 54c, F20c):IL 80.97c; IN 96c; IA 97.8c (L 7:2c, D 16.6c, U 54c,f 20c); KS 85 47c. KY 97.4c; MI 5,c:MN3L47c9MS 3 92.3c; 61.1rMT93.9c:NE 0.7c: 97c; NM 58.9c; NY 52.5c (LS.8c. 95.8c: NV 99.87c; NH 95c; N1 D 26.Sc, U 16.9c); NC 71.3<; ND 94.97c; OH 99.9c; OK 97A7(:; i OF'. 80.8c; PA 38.1<; PR a , R199. 8x, SC 78.8c; SD 99.9c;TN j 92.3c; TX 33.7c (L 4.8c, D 12.9c, U 16c); UT 90.44c; VT 34.92c (L 6.68c, D I2.24c, F I6e ); VA 84c (L 6.l e, D 8.9c. U 49e. F 20c, WA 8939c; WV 99.51; WI93.6c (L S.ic, ? 8.9<, U 59c, F 20C 1 & V' 99.7c. i Availability- Involuntary Unemployment Is not available in M.A or VT. Family Leave Is not available in AL, CT, MA, MD, i MN. NM, NY, PA, or T). AS LOITXhI/99). LOIC-re•raw??r. ?•,,? •• •.._ .. -> - and LOIC-IP; Standard Guaranty/SG LOI (5185) IN Onlyl. Life 6 Disability: Union Security Life/L-I•Z, L•S•G in AL. AZ, AR, OF, DC, ID, IL. IA, KS, IA. MD, MN. MS, NV, ND,•OH, OK, RI, SD VT; WA. WV &+ 4Y; Standard Guaranty Life (TX only)/ Lr1•Z(jr 2ll3.53RA), First Fortis Life (NY Life only)/NYLM0013 American Security (NU X %bFam ly Leave: Amcrloan Insurance (ME /97). Serurity/W FrLp_?(j 2/971 In FL, -NC (3/9B) In NC. I'LP- K(4A7)I In OK, FLPFVA(2/98) In VA. FLPIP(AZ)(7/98) in lAZ. FL-1P(4197) in IL & IN, FLIP-KS (12/97) In K5, FL-IF-ME ti I',4/99) in ME; FL-IP•WY(4/97) In WY; Standard Guaranty/FLP {4/97) in NH: Union Security Life1FLP-VT(4/97) In VT. Soliciting agents for Mississippi and Florida are 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 Include imprisonment and/or lines. in addition an insurer may deny insurance benefits it false information ' materially related to a daim was provided by the applicant- -Less past due and over credit limit amounts. In mi. cover age pays 5% of the balance on your date of disability up to $1230. in ante or thecurcoverage pays the rent minimum li yment greater due an your date of lass. In NY (S PA, coverage pays the minimum payment due on your date of loss. In TX. coverage pays the greater of 6% 0 your Insured outstanding balance date of unempleY' ment or your minimum monthly payment. -The number of monthly benefit payments will not exceed 9 T IL. MI. LT . PA,rSC b TX; I2 for disability I AK, CO. MT, NE. N H, NM. NC.OR, SC, UT e s Parecel idents OnIYr To purchase cove2g t Group, P. O. Bax 50359, Atlanta, GA 30302• be sent to you- mspw 12 EXHIBIT "B" IMPORTANT AMENDMENTS TO YOUR CREDIT CARD AGREEME T Theesse Amendments flange the tterrmms of?our Jr?t COM Alreementd Please read this d?cument ca Agpp{reemeritaonffn erintW?torcean eff ctt xceptforthe eAmen ments,thalenns° yeurCredt - inf°mtaGoneWaptwh?avteaanjltdour address for?utnewad?M?NuAmG?re?ifRo?ttng s Agencies, P. ?. 0ox 170o5d, Wilmmgton,TE 1IMP05p4. • EXHIBIT 9IS3 Iroma•w¢?;•v I ALL-STATE- INTERNATIONAL a Pa payment of the debt in full by you, any bankruptcy byyouorsale ofthedebt byus. ' 11 If 191999 MBNAAmedca Bank, N.A. A EXHIBIT `iC" 1 ":, NOTICE, OF ARBITRATION DLar RCSpoluk nt. AA' .-ARBII RA 1'10\ ( I Al NI I[AS BLLN FILED AGAINST Y011. Ilnclo?Cd and scrvud upon coU iN the Initial Claim. You may Obtain it copy of the COdc of ProceLlUrc. \aiIIIOUI axl, II the ClainliInl Or II(Im the FOrnlll al WWW.ARBI'FRATION-FORUM.COM or 8()11 174-1 _371. II YO( DO NOT SIRVII TI IF CLAIMANT' AND FILE WITH T] IF. FORUM A WRITTEN RI:SPONSL. AN AWARD MAY BE LN'FI?.RFI) AGAINST' YOU. AN ARBITRATION AWARD MAY Bli ENIORCI!1) 1A C01, RI' AS A CIVILJUDGMEN 1'. ) ()1' 1IAVL I I IIR I Y (?i1) DA) S 10 RI`SPOND FROM RF('FIPT OF SERVICE. ) Olt hair it numhcr',1 1hli?,n> ;n IIMi lime. You may: 1. Sulmlil a imm n H. ?p"mc to ell(' Cluint. Staling VOIJI' rCply and dClcnscs to IhC Claim. lo,clhcr ith dOCUmcnl. ?ullpOnin_ your pOSiliOn. YOUr RCsponsc must he savCcl On the Claimant and 11tcd with Illu 1,11 (nn. RCad FOR1111 COA Of PIOCCCI ll'C RuIC 13. A Counlcr Claim, Goss-claim Or Third Parts ( min nun also he Served and tiled. ;md accornpanicd by the ['cc its provi&d ill IhL 1:CC SchCdulL_ I ?'nnN lot such Response and Claims mac hC OhlaineLI IiOm IhC Forum. II r(v Tail to 1L?J) and in \crilin? to the Claim, an Awad nmy he cnlciccl aeainst you and in I,rvor OI IhC C'laintan! and rlni kill 10SC rOUr ease. '_. Uermund a l>nruinrnl llrurin,4 nr a Pnrtiriludnrv lleurin 1. You nl:ty IC(I11CSI it HCarin" in your Response or in it ?cparale writing. (:nICSS NOU havC agrCCCI O[herwise, an In-person P,UlicipatOrr I Iearin_ \v ill he lidd in the Judicial District whCrC you residC or (IO huslneNS. Yot mar akO ICLIMNl a hearin1' On-line nr by Mcphont,. Your written RequcSt for it Ilearing must hC 111Cd Frith lhC I01U11l. YOU must nINO serve it copy of your Rcyuest On the Claimant and any Olhcr ParliCC Raid IOnlnl COLIC OI PrOCU(lUIC RUICS 35 and .20. 3- l/M C 11Ih('r 1)1)1111nc. YOU may sock the advice of an allorncy Or any person who may assist you _ardim? Ihi? irhilralilm. YOU 0OUld Ncck IhiS advice promplly SO thal yOUr Response Can he sLrrcd and lil(d "ilhin 111L linty required by the Codc OI' Procedure. II' you havC any questions Or need help in rcNpl?ndim_, roil mar conlucl the Forum. I he Forum iS an indLpcndUm gild imp;Uli:d arhilralion organizati(m, which LIOCS not II ivC Icgal advice (11 rcprC.Cnt panic., I l II:` St MMAR)' IS NOT A SUBSTITUTE FOR READING AND t ADI!RSTAA'DINC. I III! CODI[ OF PROCEDURE WHICH GOVERNS THIS ARBITRATION. IhC F(1rttn1 P.O. BOX 5( I I O I Minnc.Ipolis ('SA 5S405-0191 (o51)031-1 I1)S (h()I!) 171-2371 111(0((1 arh-Iiuum.COm ARBITRATION-FORUM.COM N1AI ( I ,'NAI I I`31 IN THE NATIONAL ARBITRATION FORUM CLAIM V11AA Alllrrl(a liuuk. N.A. c.1, lAnlpo(t A Ahr11n,ou. I _I J'. V11,11111v,, in Ih( I","II'I of Ill" ("11he"'oll lAco I I c Inn ( C1Ih, 7112 Kim! limn lihd. 'oven 1\,1ck\ 1111. Nit) tvA ('I UNI:\NT, RP.: NI IINA Anuri(a Runk. N.A. v ('lade I. ricrtnnn Forum Hic Number: 1 A0209000124629 Isiuwnt Pile Number: III197927367 y(11111111 No.: 5329007933005333 ( V,MnwmWr Agmmwol Trpc: AGMr9U ( I%de I. li'llrom 10 3 YORK A) I)ill>hwu 1'A 1701`) 91111 RFSPONDI`N I it,). R ESPONDI(N"I (S): PILLS IS \N ;ARM PRATION CLAIM AGAmKr Yoe FOR NIONEY OR WIER RIAJEF. WVU 11 \\ I I IIIRI N (30) DAN S 10 SI:ILV'L PIIF (TAIMAN'T W1TII A NVRI7"I'EN RFSPONSF. IF YOU DO NOT SFR\'F I HE CLAIM ANT AND FILL'. AA H II IIIF NXIION;Al.:ARBMRATION FORUM A WRITTLS RESPONSE, AN \\\ARD NI \1l Ill, E\ I h:RIA) \G.\INSI' YOU. 1111 a (111111 apain,,l Rcsp.. LI, N11iNA Anitma Rank N.A. (' N1RNA") I. I!, ,car MI (onll.lo and n lculinn and use of Ih1 (edit u((MUnt i»ucd he MUNA IL•,pnnd(n11 ,) hcr;n nr bolmd h, III( Imm, of MIiNA ( luihnrmhcr Agnr W, nl (Ilk (iusllcl the "A¢rccun111"). Rrnpnndr It l(%) *. an in d, [,III under the Imps of IhaI AgICTInvnl and i,, arc now indchlcd to V11i,NA in the umounl of *3F9.69 :IS IOICCIcd in 111C,11 ladlcd 2ao11111 >IIIIIIII'm, plllp [III, I, I ai the 1,1( of 0.00' i from Ihr chic of Illing and V43.73 as of lhr dale III tiling. I,r.pit( 111),11,,1 d,'I,I ill, I,, RC, 1)n 11 dc ul(,) 11;1 I LINT 1101 paid the .11nMill II (III L. 7_ (l limaill nqur<IS :m \\\ lid Gtr Ill, 1111011111,1 rcllrctrd ill I'arm_raph _'. phis Altorllcv' I'ce's 01? , and alI Irh111.0 iou It ill,Ilmd. ?. flit ina:wl (ontrull 1, „"„rill, d bit I),IaP'hre law (eIll( h>perilically pmVide S [hat an attorney Ice in Ihr anumnl up to 2_0':1 Ina, h( us,c,arJ on :m nupefd claim it Ihr affrvemenl 1)ml ides 101 il. In Ihi. 11,20"1. N16NA urk, My 135. The Agrermenl MmAted to be ('lain hrlwecn V1IINA and (hr IllII) ndenl(s) on p2ge 7 (When We Muy Require luunediaw I'aymcnl) I,rm id" IIIII N1 RN A nl:n a?.css .I "n nxmuhlc allot ncl'a Ice it w( icici your a(('olllll lot c o l 1 , , I o n I o , 1 1 1 a l l o t lit , uin, I , nol o u l ' a l a t w it( nq,ln, wolpoll ,Ahtammm.I I.I..(01111x1 lot etaimaul.,Ire not ,.11:11I'd, Ilplo\ ," 'I AIlt\;A . See. 101),1Code Se(3912(I'leading and Pra(lice). h:A I'I?_ (,. the AcreCn)Cnt 11e1 ccrc1) the hartiCS arnlniI I Cd an arhitration prlrvisilat that stated, in Pertinent part: AI bill adiow Am t laim of dilpol( ("(laim") he tiller Con or ns : "ain't the ollter, or against [lie employees, agents or :nlicus o11hr olk I_.,11'111„ Ronl of rcluli11,? 111 ;mc warp to this Acrccmcul or any prior Agreement or your a(c0u111 I1v11"11111 trill' rt 1Ia1011. III (M1111t1c I. IorL or olhI'M11C rind whether lox money damages, penallics or declaratory or ryuildlIlc relicl), [Ili 1IIJ1113I lei1111 I(C;Irdi11g Ihr npplicahilily 111 this Arbilralion St(I10r or the v;didily of the emir( A_rrcmcnl or 'IM pri01 :A}Jre11rt Ill. shall h" m'olvcd he hindiug 11rh11r:nIM11. llr arhillalion'hu11 hr rondtit I, t by the National Arhilr:uion Forum ("NAF I. under Ihr Code of Procedure ill cllc(I ill Ihr lime Ill, "I Ill i' 111,d. ILIc' and Innti' of Ill, National Arhilrllion 1('111111 may he oblaincd and Claims stay be Kited it ;nn Nalioual ;Albinalion I "IIIIIl olli(o ccwcc.arh fontin.cont or P,0. Box 50191, Minneapolis. Miunesola ;, 40,. 1, 1, phone I Null I- I 'X71. I I the NAI is unable or unwilling to a(I ;t,<:Irhitralm. arc urns wlh1Iinnr :molhcr 11alio11u01k r"'oLLriind. rode 1)t111"11l arhilral inn ol"alli[;11io11 Illal uses a similar rode of procedure. At you nvrillen r, yuk 1. we o dl adc an(c 1m arhilrulic n tiling iii Id11linistralk c and hcan11 - Iccs which you arc r,yuircd to pay to pllr<ur it Cluing ill :lhilr:('loll . t he ;Irhlllalor will deule,khM kill he ullim II.,ly responsible IMr paying those Iccs. Ili 1111 t, cut will _cou hr l"Imltd Io ltinlh11l Ik Ib lot am Hrhilranon tiling, admilli11raiike m hcmrllg Le" m au autouul en aler Ih&11P hat coin tmill cools could have 11""11 it the claim had hel'll rc aolved iu a'lane (purl cc Ill jurisdiel ion. Ant :vhitrelion heariq_ :a which %1111 appear cc ill lake plait within 111" IC(IL Il judicial (IN60 ILIA mdndes }our billing adder',' u I I h r tune t h e 1 1 , 1 1 1 1 1 i ' filed. I 1111 ;111111 ell ion 1lgret 11Vr Ill is made puhuaul to a Irallsacliou im olving i111"ISlelr rolouler(e, and 111;111 be Cov I Ill(,1 I,\ the Federal Arhiltmion Ail. I) L SSC. Sere 1-16 ("1'AIN"). ludgm"nl upon any arbillmion ;mull mac I,r entered in ;mc collrl Im ill, jurimitlion. The arhilnnor shall Iollow csisliug slbstallike luck In the eAlrnl cam?IlIk ul P 1111 Ihr 1';AA:ml[ appli(ahlt 5t,1111IC101 liutilalions and'11:111 honor any claims 01 privilege nro„niitd he laic. I I ant pall, cry ur9l,'. the urhilrdol 111;111 writ" all opinion containing the IYOSoll, lox Ille award. \1, I I I I I I I 'uhmIIIN'! I,..1 rb Ill dl on is hc;ud he ;11111v aul no( 'Iai111 111:1) he bn:nnlh1 its it class aelion or a1 it pin ale am,rnrc „corral- 1 ,111 o ill 111,1 hair Ihr riFht IM ;n i a' a class represcululict or parlitipaic asit 111cililm of it clues of clailnanil ,c till 1, 11,, 1111 .1m ( lainl. ilia Arhilrnlino Scrlioll docx 11111 upph, In (luims hchvicen you and us prcviollsh o"ollyd ill ;111c I;m1ui1' [111d hI1011 Ill( it ;tit Ili' Al 1) 111;11 ion SL (11011 hcro111c1 cllcdivc. l low-cecr. Ihi,v Alb it ell ion tirI loll appli, In dI I Iailn' note iu rSilltrl(c nrIhal 111ac urisc in Ili Illhlll'. l hi' y1rhi11:11 ion ti(r?i1„1.11,111'1[1, ice the 1,1111inalion of )oil RUrounl o ill us as cvcll it, ;111\ volu11tury 1);Iy111c111 (11(111 deal in 11111 be cou. w banal uplr, he v o1[ or salt MI the deal 11v its. I ,I Ihr purpo'c1 A hi. Alhlnilwll Sc, lion. °or' :mJ °111" naanl MBNA Anrericv Bunk. N.A. il' pa rem. wbsiJ cal ic'. aI l Il ialca. I ir, nice>, recd r, 11'111'. '1[(c clsnrs_:usigul. and :ury purches"r of Vnur at(011111. ;Ind all It Ill, IT olhcrr1. din cloy, rlnph,c, Is. u„rnh:nld assigns Mr tin :till[ all ollhan. Addilionalh, wc' or "tis" shall mean ant third park J)'',\ 1,1111, hrnefill, scIN I'll, M products ill coune(lio? will the account (intlnding hnl riot Iill] ilk It try credit hrirr:ul'. Incl,l;mt1 that aclcpl ;wc credit dcvitP issued 1111der the ateonnl. rewards or enrollmenl scly i(e'. rreelil i11111lruc Iompu11ir'. dthl II'll,I lor5 and all of lade of 11CCrl. lire(lo". employees and agents) it. and only it. '1[(h ;1 Ihird pale i' 11;1111111 he c)u tin it to-(1011111um in :urv Claim you assert Lg ilinsl us. Also, lot the purpoxl of this Arbilrulinn S"cu"ll, "v ill" w '\ Mull" shall 111can unv permit or culih approrcd by us Io use the a(t00111, including hilt m,I linliltd Io;l[l 1),1„1',.1 (Ill Ili, e (onlla,Will lc oHwalcd on Ihr A((ou111 aid all atilhorized Ilsel'5 0I Ill" it( ( (111111. 11 ilm pall ohlhil Arhilrulion Svclio11 is lo,unl to hr invalid or t ricnlorceahle under a11% law 01 Slalutc (Uti5i%10111 with the I AA, tI]( I,'I1n1111d,'I of 11111 Arbilrolion Set 11011 shill he Lill or(eahle withotil regard to such invalidity or nnculhrtruhil ilea I l l I! RI:st L I, OI I I ws NNIMI I RA I'ION SECTION IS "THAT. F\CLPT AS PROVIDLD ABOVL. 'I,,\IN-IS CANNOT Itl_ I.I I,IGAI IID IN COUR'T'. INCLUDING SOME CLAIMS THAT COULD I IAVI! Ili IIiN TRIM:I) 111 iI ORL A .IURI'. AS CLASS ACTIONS OR AS PRIVATF, ATTORNEY (A M RA I, A('TIO\ 1 " n;\ \AFI'I ' N,\1 I 19t. The undue-AgrCd , wis. undCr pCnAtly 01 pCIJUIr , that ihC introIII36on Clntaincd "I Claim and 1I1C 111PP"rtin= doCUmcnl> ;InaC hLd IICIC10 arC acCUrutC haSC(I upOm inliormation pmviclcd to the nndLIm ULd he I11I diI IIt. RLSPONDI:N'I'(S) ml, SISIiND A WRITI EN RESPONSE TOTHENATIONAL ARBITRATION EORUM. Wl I ' l l A COPT I O THE CLAIMANT. WITHIN 30 DAYS OR AN AWARD MAYBE ENII?,RI;D IN EAVOIZ OI? ll IG CLAIMANI. ROnald M. Ahmm-n. I.>y Burn E. GOIL1011. Exl. Romild S. Canto. Eq, ComnLll A. Lnflus. Eve. ?lanhc?? P. LinkiC. I!xl. Coun,ticl liar IhC Cluinl,inl ClUimanl 0nIII:1C1. (Adnlillud: MD. D( . MA) (Adnlittcd: MD & DC) (AdIII01ccl: MD. DC. EL) (Adnlittcd: VA. WV. DC) (Adnlittcd: MD. DC. VA) W?,Ihnll &' Ahranu(al. I_ I.T. C??unsCl liar IhL Claimant Aililrnly? in IhC PI'actiCC oI DChI CollcCIiml Paralc_al DchartmCnl ?c?, IninCt„n CCnln 711_' Kin,, Fzirm BI\d I ock\ilk. A11) 2085(1 1, SA NA NA1 ( 13 NAI I 11)"I St NIMARY OP M CM N I INI'ORMA VION A<'cot \ I s I KI I'S <I 1'OR 1' (?u I I cI11: 0`) l ih ?011' ,Acnnml Au1nb,?r: . 'VN 17V??I I(h :SS ( :udlnrnu'hrr AL"rOw nl. A( IIAi I W I'1 ilnan ,Ar,,nni1 IIh,Ih I,r ('I11)I 1.101,1R(N AddI,,,,, Ili'; )ORh RI) II,A 17019 00(1? In1n? 'hnnv: I) 14 `-' `2'110 1Anrl: I'h?mc nnunn1I111 wu S.)riul S,curih Nulnhcr 1(,1.1011:4' S,<?•ndan ;V(oun1l Ldikr Aildl, s: Il?,in? I'hnnc: VA??rk I'h„m-. I'rinc il,al I;ulanc c: >.?%?1.r,') Inlcn.l ILUC 1?', U.1n Ax?ienvd: nn '1 '0n' h\ \AI I I,I \;\I I EXHIBIT "D" &HI 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 20850-5775 CLAIMANT(s), NATIONAL ARBITRATION FORUM a AWARD RE: NONA America Bank, N.A. v Clyde L Bertrom File Number: FA0209000124629 Claimant File Number: 5329007933005355 Clyde L Bertrom 1023 YORK RD Dillsburg, PA 17019-9003 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: 1. That no known conflict of interest exists. 2. That on or before 09/06/2002 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 Respondent has filed a response with the Forum and served it on the Claimant. 5. That the matter has proceeded in accord with the applicable Forum Code of Procedure. 6. The Parties have had the opportunity to present all evidence and information to the Arbitrator. 7. That the Arbitrator has reviewed all evidence and information submitted in this case. 8. 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 $4,735.72. Entered in the State of Pennsylvania ACKNOWLEDGEMENT This Award was duly entered and delivered to the parties on this date. Honorable Harold Kalina Director of Arbitration 02/11/2003 Date: 02/11/2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., NO. 03-SU-6236 Civil Term Plaintiff VS. CIVIL ACTION - LAW CLYDE L. BERTROM, Defendant CERTIFICATE OF SERVICE I, Amy F. Wolfson, Esquire, do hereby certify that I served a copy of the foregoing Plaintiff's Petition to Confirm Arbitration Award upon the Defendant's Counsel, by First Class Mail, Postage Prepaid, a copy thereof on this s'Z day of 200, to: Steven Portko, Esquire 101 Office Center, Suite A 101 U.S. Route 15 South Dillsburg, PA 17019 Respectfully submitted, WOLPC*F 8z A#RAMSON, LLP 267' East Mark Eft Street York, PA 17403-2000 (717) 846-1252 I.D. No. 87062 Attorney for Plaintiff f'7 1:-? ?7 r'o r T7 ;r . _? m ` _?,rn - CJ C..?::?J , •_*. ? 1 i .. o -rn ..._ ' i -{ w _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -r"?ab MBNA AMERICA BANK, N.A., NO. 03-96%6* 'd Civil Term Plaintiff VS. CIVIL ACTION - LAW CLYDE L. BERTROM, Defendant `_ RU AND NOW, this ? day of 2004, upon the consideration of the foregoing Petition to Confirm Arbitration Award, it is ORDERED that the parties to this action show cause, if any they have, why this Motion should not be granted. RULE RETURNABLE 20 days from the date of service hereof. BY THE COURT: ?Judgee 1 • Y J I r \ Lilt IN THE COURT OF COMMON PLFP,S OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6326 Civil Term MBNA AMERICA BANK,NIA., CIVIL ACTION - LAW vS. CLYDE L. BERTROA, L Dcfenclant CERTIFICATE OF SF,RVICl? 1RE, do hereby certify that I served a copy of the ?'OLI:SJN,ESQl! L AMY F. y foregoing Rule "Poll the defendant's Counsel, by First Class Mail, Postage Pre-Paid, a COPY thereof on this 1411' day of May. 2004, to: STEVEPORTKO,ESQUIRE 101 U.S 15 SOUTH DILLSBURG , PA 17019 Amy F. WoY son, I AttorICYs Wolpoff & Abramin the P 267 East Market Stree' York, PA 17403 (717) 846-1252 I.D. No. 87062 Attorney for Plaintiff L.P. of Debt Collection r N d n T a r _, ' ?) ? '?. ?. ? n? i? " IV ? ' J '? -? T - "i _?,. UC7 C -7 N r; _? Y ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., NO. 03-6326 Civil Term Plaintiff vs. CIVIL ACTION - LAW CLYDE L. BERTROM, Defendant MOTION TO MAKE RULE ABSOLUTE TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW this is_ day of L14 r 2004, comes the Movant, MBNA America Bank, N.A., by and through its attorneys, and the law firm of Wolpoff & Abramson, L.L.P., and files this Motion to Make Rule Absolute of which the following is a statement: A Petition to Confirm Arbitration Award Pursuant to 42 Pa.C.S.A. Section 7313 was filed on or about April 8, 2004, requesting that a Rule be issued ordering the parties to this action to show cause, if any they had, as to why said Petition should not be granted. A true and correct copy of said Petition is attached as Exhibit "A" and incorporated herein by reference thereto. 2. Pursuant to the issued Rule, dated April 19, 2004, Defendant was provided with twenty (20) from the date of service of said Rule, by this Honorable Court, in which to respond. A true and correct copy of the Rule is attached as Exhibit "B" and incorporated herein by reference thereto. That on or about April 4, 2004, the aforementioned Petition was forwarded to counsel for Defendant, and said Rule was forwarded to counsel Defendant on or about May 14, 2004. True and correct copies of said Certificates of Service are attached hereto, incorporated herein and collectively marked as Exhibit "C" 4. That Defendant has failed to respond to the aforementioned Rule directing Defendant to show cause why the relief requested in Plaintiff s Petition to Confirm Arbitration Award should not be granted. WHEREFORE, Plaintiff/Movant, MBNA America Bank, N.A., requests that this Honorable Court make the aforementioned Rule absolute, and execute an Order entering judgment in favor of Plaintiff and against Defendant in the amount of Four Thousand Seven Hundred Thirty-Five and 72/100 ($4,735.72) Dollars. Respectfully submitted, Amy F. Doyl , Es re ID No. 87062 Philip C. Warholic, Esquire ID No. 86341 Daniel F. Wolfson, Esquire ID No. 20617 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Attorney for Movant VERIFICATION Amy F. Doyle, 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 Motion 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 unworn falsification to authorities. Date: ?i Qy Amy F. Doyle, quire ID No. 87062 Philip C. Warholic, Esquire ID No. 86341 Daniel F. Wolfson, Esquire ID No. 20617 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Attorney for Movant EXHIBIT "A" 9?q; ?3u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., Plaintiff NO. 03-SU-6236 Civil Term VS. CLYDE L. BERTROM, Defendant CIVIL ACTION - LAW RULE: AND NOW, this day of 200_, upon consideration of the within Plaintiff's Petition to Confirm Foreign Arbitration Award, a hearing shall be scheduled in the above captioned action for the __ day of 20_, at a.m./p.m., in Court Room Number - of the Cumberland County Court House. 13Y THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., Plaintiff NO. 03-SU-6236 Civil Term VS. CLYDE L. BERTROM, Defendant CIVIL ACTION - LAW RULE: AND NOW, this day of 2004, upon the consideration of the foregoing Petition to Confirm Arbitration Award, it is ORDERED that the parties to this action show cause, if any they have, why this Motion should not be granted. RULE RETURNABLE days from the date of service hereof. IBY THE COURT: Judge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., Plaintiff NO. 03-SU-6236 Civil Term VS. CLYDE L. BERTROM, Defendant AND NOW, this day of CIVIL ACTION - LAW ORDER 200_, upon consideration of Plaintiffs Petition to Confirm Arbitration Award, it is hereby ORDERED that Plaintiff's Arbitration Award is confirmed, pursuant to 42 Pa-C.S.A. §7313, and that judgment be entered in favor of Plaintiff and against Defendant in the amount of Four Thousand Seven Hundred Thirty-Five and 72/100 ($4,735.72) Dollars. BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., Plaintiff NO. 03-SU-6236 Civil Term VS. CIVIL ACTION - LAW CLYDE L. BERTROM, Defendant PLAINTIFF'S PETITION TO CONFIRM. AND NOW, TO WIT, this ? day of 200-$ Cones the,,., i Plaintiff, MBNA America Bank, N.A., by and through its attorneys, Arn . Wolfson; Esquire, and the law firm of Wolpoff & Abramson, LLP, and files the following Petition to Confirm Arbitration Award, and in support avers as follows: Plaintiff/Petitioner, 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, Wiimingtor Delaware 19850 with its principal offices located at Two Irvington Centre, 702 King Farr Boulevard, Rockville, Maryland 20850. 2. Defendant/Respondent, Clyde L. Bertrom, is an adult individual with a last known address of 1023 York Road, Dillsburg, Cumberland County, Pennsylvania 17019. 3. That pursuant to the Credit Card Agreement Additional Terms and Conditions, which Defendant/Respondent received when Plaintiff/Petitioner issued Defendant/Respondent an open end credit card account, the parties agreed that this matt be referred to Arbitration in the event of any claim and/or dispute if the account is referred to collection. A true and correct copy of said Credit Card Agreement Additional Terms and Conditions is attached hereto, incorporated herein and marked as Exhibit "A". 4. That in early 1999, Plaintiff/Petitioner forwarded to Defendant/Respondent a document titled, "Important Amendments To Your Credit Card Agreement." A true and correct copy of said document is attached hereto, incorporated herein and marked as Exhibit "B". 5. That said document again provided Defendant/Respondent with details of th Arbitration clause, pertaining to Defendant/Respondent's open end credit care account, in the event of any claim and/or dispute if said account is referred to collection, and further afforded Defendant/Respondent until January 25, 2000, to notify Plaintiff/Petitioner by written correspondence that Defendant/Respondent did not wish for Defendant/ Respondent's account to be subject to said Arbitration Section. See Exhibit "B" as previously identified and incorporated herein. 6. That Defendant/Respondent did not forward any written correspondence to Plaintiff/Petitioner by January 25, 2000, in order to opt out of the Arbitration process, and therefore Plaintiff/Petitioner properly referred this matter to the National Arbitration Forum pursuant to the Arbitration Section of Def'endant/Respondent's open end credit card account, when Defendant/Respondent defaulted under the terms of the aforementioned open end credit card Agreement. 7. That the National Arbitration Forum then forwarded to Defendant/ 2 Respondent a Notice of Arbitration and Arbitration Claim form, and said documents explained Defendant/Respondent's rights and options pursuant to the Arbitration process. A true and correct copy of Notice of Arbitration and Arbitration Claim form are attached hereto, incorporated herein and marked as Exhibit "C". 8. That due to the fact that Defendant/ Respondent did not provided a written response to the National Arbitration Forum within the allotted thirty (30) day time period, to either state Defendant/Respondent's reply and/or defenses to said Claim or to request a hearing before the National Arbitration Forum, an Arbitration Award was entered on February 11, 2003, in favor of Plaintiff/Petitioner and against Defendant/Respondent in the amount of Four Thousand Seven Hundred Thirty-Five and 72/100 ($4,735.72) Dollars. A true and correct copy of the Arbitration Award is attached hereto, incorporated herein and marked as Exhibit "D". 9. That the Credit Card Agreement Additional Terms and Conditions and document titled, "Important Amendments To Your Credit Card Agreement" both state that judgment upon any arbitration award may be entered in any Court having jurisdiction. 10. That Plaintiff/Petitioner has flied the within Petition, pursuant to the Uniform Arbitration Act, in an attempt to obtain judgment against Defendant/Respondent in a forum which is better suited to secure a collectible judgment against Defendant/ Respondent, as the aforementioned Arbitration Award is non-binding and unenforceable outside the scope of the Court of Common Pleas. 1 1. That Plaintiff/Petitioner is entitled to the relief requested in the within 7 Petition due to the fact that the aforementioned Arbitration Award was properly obtained by Plaintiff/Petitioner; because this Honorable Court has jurisdiction over the Defendant/Respondent to confirm the aforementioned Arbitration Award, and because Defendant/Respondent did not make an application, pursuant to 42 Pa.C.S.A. §7314, within thirty (30) days of receipt of the aforementioned Arbitration Award, with the Court to have said Arbitration Award vacated, modified and/or corrected. WHEREFORE, Plaintiff/Petitioner respectfully requests that this Honorable Court confirm the Plaintiff's Arbitration Award, pursuant to 42 Pa-C.S.A. §7313, and enter judgment in favor of Plaintiff and against Defendant in the amount of Four Thousand Seven Hundred Thirty-Five and 72/100 ($4,735.72) Dollars. Respectfully su Amy F. olfson, E re WOLP FF 8z AB SON, LLP 267 East Market, treet York, PA 17403 (717) 846-1252 ID No. 87062 Attorney for Plaintiff VERIFICATION Amy F. Wolfson, Esquire, hereby states that she is the attorney for the Plaintiff, MBNA America, 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/Petitioner in the within action and verifies that the statements made in the foregoing Petition 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. Amy F. W fson, Esq V WOLPO • & AB SON, LLP 267 East Market Street 'York, PA 17403 (717) 846-1252 I'D No. 87062 Attorney for Plaintiff EXHIBIT "A" AG Your Contract With Us Ycur Credit Card Agreement with us corsists of this Additional Terms and Conditions and the document r, the Required Federal Disclosures or the Initial Discios. j You asrae to the terms and conditions of this Aireerrs For the purpose of the Fr'uscy Noilcs, .we will use de del contained In the third paragraph of the Pdvacu Neica. F t the ;a_malndarof the Agreement,we willussthedeflrit described under the section haading Words Used often N i TAisAarument. Privacy Notice Your privacy is important to us; At MBNA., vi- con. mitted to providing you with the finest finand { prcdu cis and services backed by conslstentiytop, service. And while Infonation about you Is fundar to our ability to do this, we fully recognf:e theimpc I' of keeping personal and account I'rifarfnelonsecut f To offer you the widest range of products and se M BNA may share information about you both wit MBNA and outside of MBNAvrith othercompani This a llows us to offer you products and setvlces they a re available directly from MBNA or through relationships with otW.companies, We want yo; understand our Infonation ??eefegvards, what Infon wecolled, what informatibn. shaie'. and theben you receive when we share.lnformadon aboutyou. This notice describes the?.privacypractices of I Corporation.::=nd all :?;iBNA affiliates, Including N America Bank, N.A., . BNA Am erlca.(Delaware),. Palladian Travel Services, Inc:, MBNA Hallmark Information Smices,1n4, MBNA MarkatingSyst inc., and MBNA inidGance Agency; Inc, Ccbllactiv iMBNA"), for financial products and services gov by the laws of the United States ofArnadca. Thi notice explains MBNAs Information collection a sharing practices and lets,you choose whether o MBNA may share certain Information about you within MBNAor outside of MBNAwrth othercom Our Security Proceduress MBNA understanc Importance of protecting and securing informa* using it appropriately. Access-to •information ab is restricted to the people of MBNA who require provide products or services to you. We maintain I electronic: and procedural safeguards that`ddrnp federal standards for the security.of information When MBNA shares Informatton•about you wi companies outside of MBNA, we require them t impose safeguards, use it only for a permitted p and to return it to us or destroy ponce that pur served. We limit the amount of Information she what is appropriate to offer a product or service clently. MBNA requires any company.receiving matlon from MBNA to sign a Confidentiality A6 containing these requirements and obligating t company to protect the Information as we woul Information We Collect: MBNA collects and u, nonpublic personal Information about you to ce our business and to consistently delivercthetop Customer service you expect from us, sources information include the following: a Information we receive from you onapplicati and other forms or through your correspondent cb.-munication with us including through the r by telephone, or over the Internet; • Information we receive from third parties, su, consumer reporting agencies, to veri"ystateme you've mad=_ to us, or regarding your employm, credit, or other relationships; and • Information about your transactions with ME with other companies outside of MBNA. Information We Share Within MBNA We may of the Information we collect about you with financ ice co mpa nies within MBNA to offer additional prc services that may interest you and best meet your We believe this is convenient (or you and maysave Information (suchas name and address), transact experience Information (such as purchases and pr credit eligibility information (such as credit report applications), and other information. Thededslo chase any such products or services is yours alom may tell us not to share credit ellgibilitylnformat! you within MBNA, but please understand this do, prohibit us Promoi•:ringyouadditional product services or from sharing transactlon and expert e identification, and other Information within MBI Information We Share With Others: From time, we nay allow companies outside of MBN. you their products and services that'may intere: These products and services maybe offered by service providers Isuch as banks, loan brokers. aggregators, insurance agents, insurance temp mortgage bankers, and securities broker-dealers financial companies (such as retailers, direct ma commun!cations companies, Internet service p manufacturers, service companies, travel agent lines, car rental agencies, hotels, airlines, pubes: and organizations endorsing MBNA financial F or services), and others (such as nonprofit Qrga subject to applicable law, we may share all tin tion we collect with these companies outside unless you tell us not to, Additionally, we may share all the informal collect with companies that perform marketir services on our behalf or to other financial in with which we have joint marketing agrereme are also permitted by law to share Informad 4 you with other companies in certain circum: r For instance, we may share all of the inform a collect with companies assisting us in servil loan or account, with companies that endo, J products and services through affinity agree 2 with government entities in response to-subpoenas o ( regulatory requirements, and with consumer reportin agencies: if you tell us notto'share Into rmahonwith i Companies outsida of MSNA that wish to offer you their products and services, as described above, plea: understand that we will continua to share Informatio, in these additional circumstances' Important information About Your Choicet We'ra dedicated to serving your needs - and to respecting your choices related to privacy. You may t=,II us not It share credit eligibility lnformationwithin MoNA,and you may tell us not to share Information with eompari outside of MSNAthat wish to offer you their prcducr; and services as described above. If you wish to opt out of such Information sharing, please call toll-free 1.866-731-1255. Wewill askyoutoverify your identit; 1 a nd the specifle accounts to which the opt out zpplic' so please have all your account, membership, or reference numbers and your5ocial Security,numberp 'Taxpayer Identification.n umber for deposit accounts MBNA applies opt ouis at tWaccbunt level, not by' individualCustomer. When any'persomlistedwith othe ' bn an account opts out (For example;'d•cb-applicant, tai 1 accountholder, or authbrimd'usdr),we'vif ilittheentl acoountas havingopted out. MBNA will continue to adhere to its di sciosed.privacy.practiees lotari accou f even If it becomes inactive or ij'clased, An opt out frd: information sharing on-an aaoue as described above,'either witHiri•MBNA acid/orwith companies outside ofMBNA, remains effective unle! I revoked in writing. Federal regulatlons require us'to provide this notice on an annual basis; whetheror n an'-account has previously opted out from either typ of information sharing. Please remember when you receive cur subsequent notices that an account previot ) opted out from either or bothtypes•gf Infomationshar I (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 informark j regarding MBNA's:privacy practtees:eoncerningthe Internet, and to view'the most recentversion of.thit privacy notice, please go to www.mbna.conl and cli4 on "privacy Notice." You may have other privacy pr i tectians under state laws: We may amend this priv notice at any time, and we will Inform you of chang i as required by law, Words Used Often in ThiS'Agreement _ "Agreement" ar "Credit Card AgreethenC means these Additional Torms and CondRions and,theRequired.Feder Disclosures (or the Initial Disclosure)' and any changes w make to those documents from time to time. "You" and "your- mean each and all of the persons wh, granted, accept or use an mount we hold. You and -yc i also mean any other person who has guaranteed paymei this account, when used In the sections entitled, 4r Monitor and Record Ttlephane Cails, and ArCtration and( and when used in'each of thesecdonsrelatlag to; this account (Your Piomire to Fay, and Hov V10110cm Paurnsnts, for example). "We,""us; ."cur"and WMSNAAmarica'rnsan S11i Arnerics Bank, N.A. "Card" means all the credit cards we imueto ycl any other person with authoiin_tian foruse on this pursuant to this Agreement, "Accass check- means an access check we provid make a Check Cash Advance on your account, I f we use a capitalized tern in this docunot bu define the terry in this document, the term has the given in the Required Federal Disclosures crthe in Disclosure, cr as used in your monthly statement. We use section headings (such as, Wardr Uselotiten Agraemrnq to organize thlsAgreement. Theaetual ten Agreement are In the sentences that follow andnat th Sian Your Card We May Monitor and Record Telmho You consent to and authorize MBNAAmerla, at affiliates, or Its marketing associates to monitor an any of your telephone convereatfons with ourreprr or the representatives of any of those companies. America to collea informati arts from consumer recortir It you oeueve We have furnished Inaccurate or It Information about you or your account to a • credit . i agency, write us at; MBNA, Credit Report ing Agenc Box 17054, Wilmington, DE 19884-7054. Please In name. address, home phone number, and account and explain what you believe Is inaccurate or incoi How to Use Your Account You may obtain credit in the form of Purchases Advances by using cards, access ehecks,.Your actor or other credit devices. Please refer to your Requl Disclosures or initial Disclosure to determine what t constitute Purchases and Cash Advances and hove obtain them. Transaction Date for Certain Cash I The transaction date for Check Cash Advances r Transfers done by check Is the date you or the per whom the check Is made payable first deposits or check. The transaction date for a returned palms Cash Advancel Is the date that the corresponding posted co your account. Purposes for Using Your Account You may use your account for personal, family. i purposes. You may not use your aaount for bus commercial purposes. You may not use a Check( Advance, or any other Cash Advance, to make a F this. or any other eedit account with us. You may permit your account to be used to make any Magi Persons Using Your Account If you permit any person to use your card, access on. edits, account number, or other credit device with the auehoritatlc to obtain credit on you, account, you maybe Ilabie tat ill transactions made by that person Including transactions for which you may not have intended to be Ilsble, even if the arou of those transsalonscausis ycurcradit'16tut to be exceed-d. Authorized users of this account may have the same ac:ess to Information about the account and Its users as the account holders. H ow Yola. May Stop Payment on an Access C(teck You may request a stop payment on an access check by ;providing us with the access check number, dollar amount, an payee exactly as they appear on the access check. Oral and vrrinan stop. payment requests on an access checkare effectiv er six months from the day that we place the stop payment. 'You May Not Postdate an Access Check You may not issue a postdated access check on your account. If you do postdate an access check, we nay elect that presented It to us for payment. without In elther vise waiting for the date shown on the access cheek. We are not Ila ble to you for any loss or expense Incurred by you arising out of the action we elect to take. Your. Promise to Pay You prom Ise to pay us the amounts of all credit you obtain, which Includes all Purchases and Cash Advances. llou also promise tc nay us a:;. the amounts or finance charge! fees, and any other'tmnsacdons we charge against your accoc ]Payments' ort Your Account You must pay each month at least the Total Minimum Payment Du a shown on your monthly statement by your Payment Due Date. You may pay the entire amount you os us at any time. Payments made in any billing cycle that ar greater than the Total Minimum Payment Due will not affe your obligation to make the next Total Minimum Payment Dore. If you overpay or'If there Is a credit balance on your account, we will no, pay Interest on such amounts. We wl reject paymeints that are not drawn In U.S. dollars and tho drawn on a financial Institution located outside of the Uni !hates. Paymen t of your Total Min [mum Payment Due ma not avoid the assessment of Overlimit Fees. 'When Your Payment Will Be Credited . to Your Account j We credit payments as of the date received, if the payn j is. (1) received by 2 p.m. (EasternTlme);.12) received at it address shown in the upper left-hand combr of the front r your monthly statement; (3) paid with a check drawn In U dollars on a U.S. financial Institution or a U.S. dollar mar order; and I41 sent in the return envelope with only the u portion of your'siatementaccompanying It Payments received after 2 p.m. on any day including the Payment r p Date, but that otherwise meet the above requirements, v credited as of the next day. Credit for any other paymen' may be delayed up to five days. How We Allocate Your Payments We will allocate your payments in the mannerwe date inmost instants, we will allocate your payments to be fIncludIn%newt, ansections) with lower APRs be "Ore. be with higher APRs. This will result In new balances with lower APR those with promotional APR cif teed bei paid before any other exi=ting balances. Promise to Pay Applies to All Persons All persons who initially or subsequently request, ec guarantee or use the account are Individually and toge: responsible for any total outstanding balance. We may to release from liability any person who Is responsible any total outstanding balance, until all of the cards, ac checks, and other credit devices outstanding unclafthe account have been returned to us, and any such parsoc persons repays us the total outstanding balance owed at any time under the terms of this Agreement. Default I You will be in default of this Agreement If. (1) you tall make any required Total Minimum Payment Due byits P Due Date: (2) your ;oral outstanding balance exceeds yo I credit Itmih or (3) you fall to abide by any other term of t i Agreement. Solely for the purposes of deteminfngellgil ante purchased through MBNA, you will be deemed.in c or delinquent If you fall to make a payment within 90 da your Payment Due Date. Our failure to exerdse any of o rights when you default does not meari that we are unat exercise Oese rights upon later default. When We May Require Immediate 1pai if you are in default we can require Immediate payr of your total cutstand!71 balance and, unless prohibit applicable lav?and except as otherwise provided untie Ar6firatlasand Litlgatfan section of this Agreement we also require you to pay the costs we Inq;?rln anyoolle proceeding. as well as reasonable attameys' fees If wr your account for collection to an attorney who Is not salaried employee. Other Payment Ternis we can accept late payments, partial payments, or 1 with any restrictive writing without losing any of our r under this Agreement. This means that no payment, those marked with "Paid in full" orwith anyatherrest words. shalt operate as an accord andsatisfactionwit prior written.approval of one of our senior officers, Ye not use a postdated check to make a payment. It you date a payment check, we may elect to honor It War ment or return it unedited to the person that ptes; without in either case waiting for the date shown on check. We are not liable to you for any lose or expel incurred by you arising out of the action we elect to Payment Holidays we may allow you, from time to time, to Omit a r payment, We will notify you when this option is av, I f you omit a payment, finance charges and any app fees will accrue on your account in accordance with Agreement. You must resume makingyaurTotal M Payment Due each month following a payment hol Transactions Made in Foreign C(fr it you make a transaction in a foreign currency. tlon will be convened by Visa Intemadonal or Mas international, depending on which card you use, ii dollar amount In accordance with the operating regulations. conversion procedures in effect at the time that the transaal is processed. Currently, those regulations and procedures provide that the cuneneyconverslon rate to-be wid is eltht (11 a wholesale narket rate or (2) a gow_m neat-mandated r in affect on day prior to the process ing data, increased bya percent In eaeh.casa. Visa or MasterCard retalrs this one per as compensation for performing the currency conversion se Ice, Thecu rreney conversion rate In effect on thep;ocessing date may differ from the rate in effect on the trarsactian dos or the postingdate. Billing Cycle Your bill fail cycle ends each month on a Closing Date determined by us.. Each billing cycle begins on the day aft' - the Closing Dacia! the previeusbilling cycle. Each staternt reflects a single billing cycle. Account Tees, h' Charges Account Fees: The following fees, which are set forth on yr Required Federal Disclosures or.lnltial Disclosure, are diarge as Purchases in the billing cycle In.which the fees acaiiie: ( I )-a-Late Fee If the Total Minimum Payment Due shown or (2) an Overlimit Fee if"your New. Balance Total exceeds yaw credit limit on the last day of p billing cycle, evven If fees,or finance charges ehAigedby:ue cause your New Balance Tot to exceed yourcredit limit: an Overllmit Fee Is charged to you account as of the day In the billing cycle that yourtatal out. standing balance on your account excesds your credit limit; 13) a Returned Payinedt'Pealf a payment on'your account f returned for lnsuffisent'lu?,CJs or for any other reason, ever It is'paid upon subsequent presentment; 141 a Returned Cash Advance check Fee if we'return an act check unpaid for any reasbn, even If the access check is pal ?i 'upon subsequent piasenfineni: !• 19) a Copy Fee for each copy of a monthly statement or sah draft, except that the six most recent monthlystaternents; sixsatesdrafts will beprovided forfree; and • t (6) an Annual Fee ityourncount is open or if you maintain accountbalance, whether,yoo have active charging privilege or net. Abandoned Property' Charges: Unless prohibited by applic law, we will charge your account, as a Purchase, for anycostt incurred by us associated'wlth complying with state abandon property laws. I Please review your Required Federal disclosures or Info 1 Disclosure for additional fees and charges that may apply 1 your account. I Beneftts 1 We may offer you certain benefl(s and services With your l account. Unless expressly made a part of this Agreement, a l such` benefits or services' are norApart'of this Agreement. b are subject to the terns and restrictions outlined in the ber brochure and other offidal documents provided to you fror time to time by or on behalf of MBNA'America. We may ad add, or delete behefits and services at any time and withou' notice td you. Refusal to HonorYour Account We are not liable for any refusal to honor your acmunl This can include a refusal to honor your card or account nu ( or any check written on your account. We are not liable I any retentlon of your card by us, any other bank or.a prov(derof goods or services. We May Suspend Or Close Your Acco We may suspend or close your account or otherwl; nave your right to use your account. We may do this tine andforanyreason. Yocrobtigadonsurderthis A.grsement continue even aherwe have done this. Y, destroy all cerds, access checks or othar credit devic.. account when we request. You May Close Your Account You may dose your account by notifying us- In.wril telephone. and destroying all cards, access check; or credit devices on the account. Your obligattonsunde Agreement continue even aiter'you have done this. Transactions After.Your Account Is W hen your account is closed, you must contactany authorized to charge transactions to your account, suc Internet serrics providem health clubs or Insurdace ot These transactions maycontinue to be chirgedto Yc have authorized a transaction or are attemptingto u account after you have requested to close the accou, r may allow the transaction to be charged to,your aco We May Amend This Agreement We may amend this Agreement at any time, we IT amend It by adding, deleting, exchanging provision! Agreement. When we amend this Agreement we wit with the ar;Jlcabia. notice requirements of federal a Delaware lea that are In effect at thattirne. If an an gives you the opportunity to (eject the change, and if the change In the manner provided in such amendmi may terminate your right to receive craditand may; return all credit devices as a condition of your reject • amended Agreement (including any higher ratecr a charges or !test will apply to the total outstanding I Inciudir.g the balance existing before the amendment t eileaive, We may replace your card with another card We May Sell Your Account We may at anytime, and without notice to you.! or transfer your account, any sums due on your act Agreement, or our rights or obligations under your this Agreement to any person or entity. The persar to whom we make any such sale, assignment or tre be entitled. to all of our rights and/or obligations u Agreement. to the extant sold, assigned or transfer Your Credit Limit Your credit limit Is disclosed to you when you n i card and, generally, an each monthly statement. change your credit limit from time to time. The amount shown an your monthly statement Credit Available does not take into account any. Pt Cash Advances, (finance charges, fees, any other tr or credits which post to your account after the Cl' or that monthly statement. Such transactions cc your credit limit being exceeded and result in the ! of Overllmit Fees. What We May Do if You Attempt to Exceed Your Credit Limit The total outstanding balance on youraccaw,t pluspl s authorizations at any time must not be more than -your or. limit. if you arempt a transaction which results In your to; cutscanding balance (plus autherizattons) excesdingycur Credit IImIt, we may; (1) permit the trans=_clen whhcut tell; your credit Ilmit; (2) permit tha transaction and traatthe amountcf the transaction that is more than the credit Ifni as immediately due; or (3) refuse to pemft thetransactfon. if we refuse to permit tha transaction, we Maya dvise th! person who attempted the transaction that it has been rerut If we refuse to permit a Chack Cash Advance or Balance Transfer, we may do so by advising the person presenting th Check Cash Advance or Balance Transfer that credi t has be refused, that there are insufficient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner. If we have prevleusly permitted you to exceed youi,credit N: it does not mean that wewill permltyou to exceed yourore& limit again, llwe decide to permit you to e=edyour credit N we may charge an Ovefilmit fee as provided In this A.graermen Please nodry us Immediately of the loss, theft, or possi unauthorizeduse of your account at 1.800421.2110. You Must Noti fg Us When You Change Your Address . We strive to keep accurate records for your benefit and ei The post office and others may nodry us of a change toyoui address. When ym chanrl your address, you must ncify u promptly of your;,ew address. What Law ,Applies This Agreement Is made In Delaware and we extend v+ to Vol u fro en Delaware. This Agreement is governed by th, jaws of the State of Delaware (without regard to Its con fit laws principles) and by any applicable federal laws, The Provisions of This Agreement are Severable if anyprovision,of this Agreement is found to be inval the remaining provisions will continue to be effectiva, Our Rights. Continue Our fail ure or delay in exercising any of o ur rights unc this Agreement does not mean that we are unable to ex, those rights lat:r. Arbitration-and Litigation _ This Arbitration and Litigation provision applies to yc unless yeu were given the opportunity to reject the Arbil and Litigation provisions and you did so reject them In I manner and timeframe required. If you did reject effectl such a provision, you agreed that any ittigation brought against us regarding this account or this Agreement she brought In a court located In the State of Delaware. Any claim or dispute ('Claim') by either you or us a€ the other. or against the employees, agents or assigns other, arising from or relating in any way to this Agreer any prior Agreement or your account (whether under a statute, in contract, tort, or otherwise and whether for damages, penalties or declaratory or equitable r_liefl, it Claims regarding the applicability of this Arbitration and Litigation Section or the validity of the anti re Agreement any prior Agreement, shall be resolved by bindleg atbltra The a rbicatlon shall be conducted by the Natl6nal Arbiu Forum d"NAF"), under the code of Procedure In effer at the the Claim Is tiled. Rules and forms of.the Natfonai Arbitrarl Forum maybe obtained and Claims maybe filed at anyNad Arbitration Forum oflice, w w.arb-finm con, or P.O. Ecz Si Minneapalia. Minnesota :5407, telephone I-800.67;.2371. NAF Is unable or unwilling to act as arbitrator, we nay s grit ute another nationally recognized, Independent arbiti organization that uses a similar code of procedure. At yr written request, we will advance any arbitration filing fee administrative and hearing fees which you are required t pay to pursue a Claim in arbitration, The arhkratorwill decide who will be ultimately responsible forpaying tho fees. In no event will you be required to reimburse us it arbitration filing, administrative or hearing fees in an an greater than what your court costs would have been if d Claim had been resolved In a state court with lu dsdictlc Any arbitration hearing at which you appeartdll take pL within thefederal judicial district that includes your bill address at the time the Claim Is fried. This aibltratlon i commerce and shall be governed by the Fedgrai Aibitra Act, 4 U.S.C. §§ 1-16 ("FAA")• judgmerit uponartyarbiir award maybe entered in any court having lurisdidulon. TI arbitrator shat l follow existing substantive law to the exte consistent with the FAA and applicable statutes of limits, and shall honor any claims or privilege recophad'by, law party requests, the arbitrator shall write an opinion•wnt; the reasons for the award. No claim sti'smltt[o arbitration Is heardbyajury no Claim may be brought as a class action oras a pr(v- attorney general. You do not have the tight 0 act as a representative or participate as a member of a class of cialmantswith respect to any Claim, This Arbitration Litigation Section applies to all Claims naw In existen that may arise in the future. This Arbitration and Litfgation,Section shall survive termination of your account with us as well as any vol i paymentofthedebtInfull byyou,anybankruptcyby sale of the debt by us. For the purposes of this Arbitration and Litigation "we' and'us" meana MSNA America Bank, N.A..Its p subsidiaries, affiliates, licensees, predecessors, succe assigns, and any purchaser of your accounteand all c officers, directors, employees, agents and assigns or all of them. Additionally've" ar "t}s" shall mean an; party providing benants, services. or products in con with the account (including but not limited to credit merchants that accapt any credit device issued uride account, rewards or enrollment services, ctedit'insud companies. debt collectors and all of their officers, t employees and agentsl if, and only if, such a third p named by you as a co-defendant In any Claim-you a against us. If any part of this Arbitration and Litigation Sectl found to be invalid or unenforceable under any law consistent with the FAA, the remainder of this Arbi Litigation Section shall be enforceable without rag invalidity or unenforceablllty. THE RESULT OF THIS ARBITRATION AGREEME EXCEPT AS PROVIDED ABOVE, CLAIMS CANNOT GATED IN COURT. INCLUDING SOME CLAIMSTH 10 I Mf V9 0C619 I KICU ccrVKU?? IV Kr;MO 4,ll4Qan?. I IUIVa'UK IAS PRIVATE ATTORNEY GENERAL ACTIONS. iCREDIT INSURANCE BENEFITS, L1 dITATIONS, COSTS w EXCLUSIONS iCONSUMER PROTECTION DISCLOSURES ;CREDIT INSURANCE IS: N&A DEPOSIT;'NOT FDIC- : INSURED; NOT INSURED BY ANY FEDERAL GOVERNMENT IAGENCY;.AND NOT GUAR INT,EF,D BY THE BANK. 1 PURCHASE-OF CREDIT 1NSURALNCE IS NOT•A CONDITION OF OBTAINING CREDIT. IF COVERAGE IS DESIRED, IT MAY BE PURCHASED ELSEWHERE. Q-edltlnsurance pays your mfnimummonthly payment' No to your balance an the date df,(oss (not to exceed $23.000, 1 except disability In MN), until you raturtl to work' • it you are ( invdluntar(ly unemployed, totally disabled, or If ycu or your spouse takes covered family leave: Credit Insurance also pays your insured outstanding'balance up to the least of your outstanding balance, your credit ilmit (not AL. AZ, AR, DE. DC. ID, IL, IA. L.A. MD. MN, MS. NV, ND, OH, OK. Rlr*D;Nf. WA, WV & WY), of $25,000 if you die. j Wielbility: One insured per account Ilnsured must be the' < , primary tattoo er o a - aukhUriZed. M5 di Im I eligible), under age 66 (70 in AZ, NV & VA; 71 In FL; GA; Mi, f MO & OK: 72 in NM). Your coverage ends at these same ages ]except family leave In AZ. FL & SD & unemployment). When enrolled, canif totes will be matted explalningyburcoverage ,&-effective date. In MN, unemployment coverage Iseffedve 161 days from your certificate effective date. For unerrolo rnent 1 orfemily leave benefis• you must-be gainfully employed' I working at least 30 hrs/wk (not se(Hemployed Oran independent `contractor) ter 9o co:';ecutivo-;days before the date of loss ' i (CO - before applicatidis date). (PA - on the date of loss), I IX - before.coverage effective date-for unemploymentl• Employees of professional corporations may be ellilble. Ceverases &Beneflb: CredIVInsurancecovers:70ur death: Invciuntary'unemploynent due to job loss, general strilte•unionized (abordispute; or iddkout; total disability dui I to sickness or injury if you are unable to perfoma tha mauria & substantial dutles of your job (or any job after 12 mos.In 1 PAY le mos. In AL AZ, AR, CA. DE. DC, GA. Ht, 10, IL, IA, KS. ' IA, MD. MN, MS. NV,:NI. •ND, OH, OK, RI. SD. TN, VT. WA, V WI.&•WY): your or your spouse's unpaid leave of absence from employment due to care of your newborn or newly adopte child or an Incapacitated immediate family member(mgstbe spouse, child, stepchild or parent In AK): mandatory recall to ! active military duty: jury duty (.except in AK): or residence In f a fesderally declared disaster,area, Lou (not death) must i continue at least 30 days before benefits begin. In NY, lot., !strikes,. unionized labor disputes & lockouts, you must be., I unemployed for 7 consecutive weeks & qualify for state une plc yment benefits before benefits beeln. A dally benefit is paid-for each day of loss over 30 days for unemployment In NY' & PA, and disability In CA, Cr, GA. NY. Ml. PA. RI & SC. j You may ante( this coverage at any time. If canceled with] t the fitst 30 days of coverage, all premiums will be refunded Excluslonae Life: sulcide.16 the first 6 monthskol•eoyera ':loot MD &MOI. involuntary Unemployment: retirement. resignation. voluntary forfeiture of income or fob loss due ;wil(fut or criminal misconduct, diAabliity, st[tkes in'iL: milir :discharge In NY & normal seasonal unemployment In TX. Disability: normal pregnancy or childbirth (not CA. MA & r Intentionally self-inflicted injuries (not MOI, or a pre-exist( medical condition during first 6 months of coverage (not t 11 1 Family leave benefits are not paid (i YOU are eligible for oj receiving unemployment benefits or are disabled. This is only a brief,descriptloa cf coverage, end cove: vary by state, PIeasaretertoyoutcertI11cates!oratuII explanation of coverage. Costs aer 5100 per Month of Averaa Daily gaigmr, Costs apply to Lift (L). Disability (DI, Unennpicyr ent (UI Family Leave (F): AL 54.5; ; AK Tac; P2 99.94; AR 99r. C: 89,94; CO 50.664; CT 42.89c;.DE 99.94; DC 99.94; FL89c; 90.84; HI 89.9t c; ID 99.54 (L 3:64. D 16.94, U 544, 1720c); 80.974; IN 96c; IA 97.84 (L V2e, D 16.64, U !Ik, F 204); K; 85.474; KY 97.44; LA. 99.934; M5 53.054;'MD 79.744; MA I Nil 85.74; MN 31.474; MS 92.54: MO 61.14: MT 93.94; NE 95.84; NV 99.874; NH 95c; NJ 974; NM 58,94; NY 52.54 (L D 26.84, U 16.941; NC 71.3,e; NO 94.974: OH 99.94; OK 97 I OR 80.84; PA 38.14; PR 99e; RI 99.8c; SC 18.84; SD 99.94; j 92.54; TX 33,74 (L 4.8c, D 12.94, U 16c l; UT 90.444; VP 34 j (L6.68c,D12.24c.F16e);VA84e(L6,le,D8.9c,U49e, 20c): WA 89.394; WV 99.54; W1 93,6c (L 5.7c, 08.94, U 59 2041 & WY 99.74. Availability: Involuntary Unemployment is not ava Ila MA or VTt Family Leave Is not available In AL CT, MA, p MN, NM, NY, PA, or 7% Unemployment: American Seeurity/LOl(5135), LOI NY(3 AS LOITXt)U991, LOIC-113•00d), LOIC•I?dRS-ME(1 and LOIC•IP; Standard Guaranty/SG LOI (5/85) (NH only Life & Disability: Unlon Security Life/L•I•Z, LS•Ci In AL AR, DE. DC, ID, IL, LN, K$, LA. M0, MN. MS, NV, ND, OF 91, SD, VT;.WA,1VV & WY: Standard Guaranty Life (TX at L-I-Z(W2)(3,53RA), First Fortis Life (NY Life onlyyNYLI American Security (NY Disability eniy)/W-S :4, Fords I Insurance IME 1.z1Y1/U•X:4 Family Leave; American k Security/FLP (4/97). FLP-FL(12197) In FL, FLP•NC (3/98) FLP•OK( 4/97) In OK, FLP•VA(2/98) In VA, FL-IP(AZI(7/98 AZ, FL-113(4197) In IL & IN, FLIP-KS (11197) In KS, FL-IF-N (4/99) In ME; FLIP-WY(41971 In WY: Standard Guaranty/F 14/971 in NH; Union Security Llfe/FLP-Vf(4197) In V.. Sc i ager.U for Mississippi and Florida are Charles M. Gordo ! Pa meta Curis respeCively. The creditor may receive compensation in connedlc this offer. It is a crime to provide false ormisleacilhg Informatio ! Insurer for the purpose ofdefraudlnEthelnsurarorany person. Penalties include Imprisonment and/or fines. In i 1 an Insurer may deny insurance benefits If false Informer ! materially related to a claim was provided by the applic I Less past due and over credit limit amounts. In M t age pays 5% of the balance on your date of disability SI250. in OR, coverage pays the.greater of 1/36th of d ante or the current minimum payment due an your d loss. In NY & PA, coverage pays the minimum payms on your date of loss. in TX. coverage pays the greater your Insured outstanding balance on your date of un ment or your minimum monthly payment. "The number of monthlybenefit payments will not m I for family leave; 11 for unemployment in AL, AK, Cr It M0. NM, NC, NY. PA, SC & TX: 12 for disability In AK, FL. KY, MA, MO, MT, NE, NH, NM, NC, OR SC, UT & ? NY, NI & TX Residents OTurchase coverages write tc 4nurant Group, P. O. Box 50355, Atlanta, GA Aocitcadans will be sent to you. 12 EXHIBIT "B" = PO TANTAMENDMENTS 12YQUR CREDIT CARn AgREEMPn9? r L EXHIBIT 1T.LB61•V•Qk•Y•t 9333 payment of the debt in Eulf by you, anybankruptcybyyoU orsa(eorthe debt by us. 41999 MBNAAtnedca Bank,N.A. ... If any part of, is A tion Section is f¢urrl1d to be Invalid arunenf,%r ?ab(e under a .9 ta?ror st consisLnttvn that the maillc:%r isArbitratlonSectians a bee otoeabrewthout. suchinvallmtyorunenlotnea 1 ly. EXHIBIT"C" NOTICE OP ARRITRA ION Uurr R..hl?nd\nl. \\ ;\Itltl l i::\ fi(1\ I ,_\I\I II.\? Ifl1iN I'IL D AGAINST) OU. I'nil???CJ and >cn rJ !Ih,,n 1-„u is the Inilial Claim. You nl.l\ olklain a CI,I,\' OI, the co,IC OI PI-(,CCd It l'C. u ilhllul in?i. fnnn lhr ( Llinnnl] t)r holli the FI'mill al \VW1t'..q,RI31TRA-FlO\'-(=ORLI,?1.CO,\.1 nI' xnll J L` 1. IF YOU DO NOT SI RVI I'l Ili CLAI\IAN-1 AND FILE wri-ii -rI-IL- FORUM A WRIT-rEN RLSPO:\SL:. AN AWARO MA) 131: ENTERED AGAINST YOU. AN ARBITRATION AWARD NIA) BE LNF'OPUI'1)I\'COURTASACIVIL .IUDG:VIENr. ) 01 I IAVI: I [IM, i 1 J ."t;) 1) \) SlY) Rf:SPOND FROM RL.CLIPT OF SERVICE. \ I,u llaxC it nlnIIIIi. I?pIh?nS al Illis tints. You mak: Still a U rirn'n P. gvla\r m /h1- ('Mint, staling Tour reply and dclbnscs tO I llc Claim. IO,"C(hcr 1111 dl,iunl. ni. Suppl rlin_ pcwr pnsilion. YOII' RcspOnSC nntSI hC SC11 CLI I'll the Clainrull and Iiicd \, 1111 IL`s 15 runt. Rind I- skin) C'Ixli Of Pruccdurc RUIC 13. A Countcr Clain). Cl-osS-Claim or l hind Part \ i. -L6111 111:n' al+O he sclvcd and filed. and acC(li)I1,uliCd by IIIC fiC as I,ravidcd in he I li SihidUl:. Flv'n1S I n'SUih RCSptalSC and Claims nlay h ohlainCd Irt,m Iltc Forum. 11' \ou lilil it, it.,p"nd in \\ Tinny, to !hC Claim, an ;)ward mw, hC Cnlci ilst you :Ind in favor I,I the C'luinclnl :,nd \tlU \\ ill h,SC will. Cris. !,r'nuat<l a Un, :ant'r+r !lrarili "I it Pill III, ipato , 11caril{c. YOU mtly I-CIIIICSt it 1-ICZ11l in your RCShlalsc n1 in a almrelc \\ wing. Unicss you have apeed Olllerwisc. an In-pcrson Parlicipalon I 1.:611- will hl hcld in tllc ,IUdicial District whCIC YOU %SiLIC Or dO hUSil)CSS. YOU nrn- ASO rcllULN1 a hiclrin_ On-linC Or by tclCphOnC. YOUI- wrillcn Rcyuest h)r it FIcaring must hr filyd \\'ith lhl I'ORIIII. YOU nwS1 aISO sCl"C ;1 Copy Of your RCyucst On tilC Claimant and am 01111-1 PWOCS. R,:lll I I)MIll Codc oI PrOCcdurC Rl110 ?? and _'h, You 111110 SCCk Ilic ot.k ice ()I all allot n1- ' 1,I' atlN pCrmw who Illtt\. aSSlst \: ,ll urJin, Ihi. ni ilr,ui„n. l nu SIIOUId srek this ad\'iCC prunlpllt u, that \Our Response call I,c Sircl,i :r,l,l I-iL..l 11hin 1110 link rcllUired hr the COLIC Of PrOCCLIUI'C. II \'()U Ila\•C anv quCslit,ns i.'I IICa1 111-'111 I!! !'\:I+?,Ildlll,_. \'i ril Illa1'rl,llllK1 the FOI'U 111. I'hl Bl,nnn IN xl inJ.l\, n\Il ill tild iml,artml arhitrtainn Or _;Iniialilm, whirls dOis nOi ;:ivc Icu ll ad icc .v lil\r..Cm partil.. 'I i ii:? SI'\i\I;\Rl' IS \01'A SI!FISFIIT'-rE FOR READING AND t\DI[I:`I':\\DI?CI I'iII ()DI'OF PROUI-DL E" WHICH GOVERNSTHISARBITRA"riON. 1'111- Forum P.O. &,s 5,I!it)I \II111mll'oh, L'S\ ??54115-11 It'll C)?1)1,31_Illli (11111)474-?371 Illturr al'h-101'11111.11,111 \RIlITRA ION-FORL;M.C CAI 1451 \'I'IO?.\L.-\ItRi"I'It:\"i'IO\" FORUM CLAIM \11A :\ ;\nu Pita It.u11,, \..\. Alrnnl,,. is It I'ra,Ii: „I.11,I•I( 111I, 11it'll lAc:, Irvin,_I,m ('11111, '1!_' hill" 1 .1 fill NMI. 11111 1,\ ills. A11) 20s51 M (l_V\I:\XT, RV: iMINA Anlerira liauk, N.A. a ('ledc I. lil'1'It Illll I„I(1111 rill' MI Ill hcr: I All--11,01)(11 _4629 ('lit nm ul l ilc Nuln hcr: (111971)":67 Ar,Inlul No.: 5:_'1(11171: alllj:ji (`ard lucnII)VI Agrecltlcul Type: \(i\I1911 l'Irdt I. R,rlnnn In', 1URK Rll ,nnl. I )d hufe PA 171,11) III MIONDI I111:1?14)NDI•:\'I'Il?): "1'III? I:?:\\:\RRI I'IZ;\1'10\ ('1.:U\1;\(:;\l;v.,?'l' )'OII PUK \IONh:Y OR (YI'111?K ltl•:1.11•:F. Vou I[\\[: 1'llllt rl 0III D %A IT" SERVE 1'1115 (TA1.\IANT \\'11'11 A \VRI TTF:N I ESPO.\SI?. IF YO11 DO N(1'r SI•:R\"E HIF: ('I..\I,\1A11I .\\I) IW 1011111 llh: ?; \'llO\:\L:\IZ ISI'I'IZ;\'I'If IN I (IIZUI\I :\ \l'R I'I'1'1:\ RISSI'O\?I•:, ,\\ \\\.\IZI)?L\1-I:I( h:\I'F: iZ I.II.1.(;.V\S1' `fM:. I : w C ' I : l i m aaimi Rc l...u:k oh,). \I IA \ Aunvfi,:I B.ink, N.A. (".\I M/ V) .LII,S: I. Ilk v::n „f 1„,Iran ;.Pll I, I,nli.?u :mJ it" of Iht rrrdil aetouul issurd 1'< i\'IHNA I<,?P:LI1It 1111.) hr, al pr I mml I" lilt I,I11IN 111 .\I1{\;\ I lm nd,rr .\,_n , In, 115 I hr it imlh,I the "AgIck mOIt(" ). K,.I1nud, rlq.) i. :I r, in dI Ya I I I ? id,r lilt ItI I I I nI Ihal A"fCenlonl and i> it fe III Nr in tlchl t- 11 In \I Ia\;\ in dw :I lounl of v?7510,9 , as fc llrrled ill 1110MIA-11Cd WO-1101 .unlnrll,.. phl, lilt, I_ ,,1 111, 1.111, 1 ,.I IU ; li:.nn the d:n, ,:hill,.- and -15.71 it., nl the dale „f Jilin I `, y,i1, n „.nrJ ,Inr 1:.1.. I:.,-.pI m1I,111(1) il;u haec It'll paid Ihr :11111nullp tlue. J. ( allwull 1lalnrsh d i \:. lid l„1 ill, I, Ilk (I ill Pala_fapll 2. plus Alwlnrc Pre, nl .and d1 .:rltilt.,twil I, r.. it, int umd. .. 1 If, in't:uu ,a,lnr:ha 1. , In' d br I I, kok aft Ia,c whirls peril icallc plot: idra lh:u ;111 allorntc frr in Ihr :"11'11111 up In 2W, mat h, .!",e ,,d „u .I? 11"1,.1 i,! claim it iliv agr,, It, Ill pn,t ides lilt it. In Ihi. lualla f. \ 11(X:\ .eel:. ,,1111 I W i . The Ael umwm ellechrd w Ihr Z'Iaiu1 Whvrrn \I1+\;\ Ind the R,sp„ndcn4<) nu lmg,• 71\\'hru \Ve \l:n Rrlplirc Inuncdiale I';n111vn1I 1,rm i.Ir? Iha! \I I:\.\ 111at t..C,s.1 'raaonahll allm IlL . IIT 11 ,r,• IO CI' R"Ill aCCM101 1411. r, Il, rl 5:111 b, a? an,.11u „h:, ?:,I I,ur <,I I.,t i,a ti III nco," \\'ul 1 t„I1 .\ :\6 rI 11,,,, 11. I..I T.. ruinT,I I"I 11:Iinlanl, art 1I„I .,ial ,1 II+im,r.. \n,', I111111 ( Odd SIC `'11 ` ( I'I' ill l ll_L' alld I'I'U1 lle). I,1., I,. 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Kole,:uol form, ill Ihr Ni:,lional Arhillalioll Gortim Illax he ohlaiacd cold ('lailu, plat' he I iIrJ .II an, \aIi,gl.ri.\.i,III.d i„u !',corm of III I. IN V% \N All' IM II III(onl. nr Itox 5(11111. ;llinncapol is. lisl intiesnln 55105, h 1,y Awl I n (cl '??I 11 -Ilk 101' i, unalde or umc illim_ o, all n, all'itmiol. me Ilu% slibmilltle loather u,lli„nall, r,,n_11111". ind, pk 11111n1 arhin;uioll on•:utiiali,w Illal II Cs a siloital iodc of procctill rc. Al yLiar wriueu n ync,I. Ike ,kill all am o Mn awfir lion Miug lie. adrninislralic r :old hearing fees Ichich eau arc relplired to pip- Io p If ,11l,I I ai In ill arh i l rat i I ill . t he urhilrn,V' Iclll dLI itiC Who I% ill I,e ill'. ill] alela IC, poll RI I, I, It,I paying Ill( .,v fees. In n„ 1'Irnl „ ill con b1 I I III I i II I I , II i l l i h l II ask, I I , II'I any' aII, l l Iit I In l1 I I 1111_.. a d l l l l 1) i S 11111 I I' e' 111. 11ea 1"I II1CCS III :111 II IIIP II I II _rra I CI Ihau Ichill c„Ile ran II rn, I, U Lili Id lace l(cn I the rlainl had he,tl resolved in ;I slal, colt rl to it It jIli i,dieiinn. All\ ;it 1, 1l rat iv]] h„(rIll, aI IN It irh coo appear kill Ialtc place wilhill Ihc k.klc ral (till icial (lisll'i(I I IM include, cone hilling :u It iris, al ill, till), Ihr I 1;liul IN Idled. I-his arhitralion a'R'1111klll is made IMIN11111 to it U1mSa(lioa imbh'iug inlrrsl;ne rI ,mm,nr. and shall t-•1 , , , N I ill,-d hs Ih, I edcral - hilialiou AcL I) U.S.('. tiro I-1() ("1AX')..111111_ icnl upon auk ;Ill'illalinu av, and ol,N 61 ynl, rod in ,utc mutt hm h" jorixlik Rm. The vdmhtr:uorshall l,llow (siding suhslawiec law In Ih, r,:lrul I oll'i"i III IN ill ill, I'AA wild applieahl, slanurs of liulilalionx and shall honor env claims or pr ivilrgc Ir„,•111111! Ilk la„ Il no pare kqursl,.Ihr arhilialor shall write an opiuiou contaillim_ Ills reasons lilt Ihc av,ald. \., 11.dm .uhmiul,l 1. 1, II' aid he a pore ,old no ( lain) rim; h( hnnwlu as a on" aCAMI or a, a private .ln„rm, > wad. 1 ?.., Al ,via ha,, At ri__lu to art a, a rla„ represcu MA v or p; okii,mv as a menthe r of a (lass of , ieimanl ,c ilh I, I :. ;m,. ! Maim. I' lis All'ilralion SetIion flocs [till apply to (laiells IICN%Ct'll con and u, Prcviou,ly ,u,rrted in aids h I r. I'i1,d b, lore Ih, Ila(, Iii, Arbilrllion St Ilioa Ihk0IIIe, Vil,(live. I loleeeer. this Ail,kr lion Se,li„o applies I„ 11! c 1 low, IIn11 iu kS isl,a„ nr that MAN al'I,r ill lilt' ItIIIIIL% I hip. ,\rhi rdion ti,.1 :....i.-dI ,;In iI k Ihr ICI 11161:16011 of vnuarmuu ,,ill 11s as V, VII AN tun volunlal'c pa) 1110u1 Ol lilt' 11, Ill in hill bI coo. I•arl, l11pl, l hr call of ak 1.1 lilt Ilk Ill I'\ It,, I or Ih, pln'pn,,,,,1 Ili, \1I,ilral I'll Ceclinu. "IC (" and "lu" mean, \Ilid;/\ America Iiaoli. :N'.;\. it, pill, lu.,lth,idi.n i, aft II talk '.II,Iill, cs. lnrdc,r,anrs.slt((CS>ors.as,i_n,. and ally pur,hasci of tour at-coonl. and all „f till )I nlli(sr,. drk, Ir•r. clnplocrc,. a_eul,:old as,igns of iulc and all ill' Ihcn1. Addilionalll. "Ice" or "us" shall nm:ul line Ihird pall! 111,1% i,iiml h, n,r, irk,. or products in ronu(clinn v, lilt Ihc alromn (im lulling I'll anI hillilcd In I II lit hu lrau,. l)1, I, hall, that acre Ill auc 1It- lil desire ie,11ed colder Ihc a('Cona(. revi ards or CIIroillocill Service,. (r,d it in,nr:idle romp.Inir,. ,.I,Iq !oIles tors and all of OIL it* olli(cl'. dilvclua, fl)1plo)'CC, and aecnhl if. and only il. 'Ilk 11 a Third pal'I? i, ualm,l he rim a, a 1". deft ndall in ant' ('laim eau asserl a,_ams] its. i\ko. for Ihc pllrpD,e, Id Ili, All'illat inn S,II i, m. II , „r "sour;' shall ouch allc pC6nll to 'rot its itlylm cd 1,t' it, rLi list' Ile uecouu 1. in(l till iug but o,a limilr,l ILi all Ili I n of ,nlilic, connacttialh „ hlig,lcd Lill Ihc A1el,lllll ;cod all aulhoriicd u,rr, of Ile aceomll. It )III pall oil Ili, Alhalalwo S, moll is hood ill h( invalid or nnclllin'(eahle under auc Talc nr slalltn• eonsi,leul will Ihr 1 \. Ih, r,nlain•I,-r ill 11111 tollilrali,m tic,linn,lndl 11C 0IIur(cahlc IN ithonl rr_aI'd to su(h inc:diditc or ,,itrulnr trail[!ill, I III RI SI I. "I OI l i ly ."R!11TRA I'ION .e.cTloN IS TI IAT. EXCEPT AS PROVIDED AGOVE. ('L:\I\IN;(\\\(\I Ili! L.1111 \ I'LI? I\ C'pl'I,"I'. I\'C'LL DI\G SO,.%1E CL:AI\IS THAT COULD I I:\\ I M I!\ I-RII ; I N 1:( IRI! .\,it'R) . ;\S CL. \SS AC' ONS OR AS PRIVATE.O-FORVEY (it NNI:KAI? Ik11ll,lcl:?iCIILLI:I>:-?I?,lillil?i'Ihn:di-NnlI,CI;IIII'. (11111 IIIC iIII01'lllilll<tllCi41111111CLIIII thiSChlilll81111d1C ?l!I?I`"I'II II ll"CU nIUI'? ;tl i;li h??.l lo -L 1`1 AI.C i iLI I'; IIC 1)ascd LI I) 41 111104'111 nt 11111 III 'M WCLI 10 11 IC uni'??,i`_n?Ji+l hi.li•.I?liwu. RI ;?I'O\DI \ 1'(?4I Mil 1 SI!\D A WRITTEN RESPONSE TO TI IE .\ATIO\;\L ARBITRATION 10Itlt - "I I I I A ( ! Ii') TO 1*11E CLAI\1ANT'. WITIIIN D DAYS OR A\' A\VARD NIAI' BE I:?"I'IiRE:D I\ I';\\Y11: Of I'IIE CLAIMANT. P, Ild Vii.:\III;un,?,n. Isy P;Irrc E... Ginllnn. 1: 4;. Rnn;dd S. Cvllci. Ifxq ('nnncll A L.?Illux. I ..1. Milllhclc 1'. Linkic. I'.,I, C'11III1Nd k1l IIIC C. ,11ill,1111 (.,I:IInl;l Ill l"nnli I (Adnlillcd: NID. DC. MA) (Adnlittcu: AID & DC) (Admillcd: AID. DC'. FL) (;\Jnlillcd: VA. WV, DC) (AdlnillLd: MD. DC. VA) C'lanuvl Lv lik Clainrlnl \n„rnr, in the I'r;l li r A 1?Lhl (l,llccli.,n Par;llc_;II Dcl,;n'Inxlu llc,? Inin,llm Ccn:r- '!'' I:inc f Inn III\J. 1•,:I INl \I\I.\R1" t!l \I I.\I OR\I:\IION \r \1I hl I'i naan. .\?-, ::uni ll: •L?:, ? I ll?i l IsFKll OM :\Jdrrv: iii`i \1 ?It I?ILIr I Lnnc I'Irnuc: ' II "{ ?' j `Uu l\rq'I: I'h: nirt nn:. i:q??. i, ?lnnl 1?,1'1:111fC111 it \'ti1i 1111 qff IfJIJIQi ??I ddl, : I I?•un' I•h•?nc: I nlrit".I kal,: ?'. EXHIBIT "D" III NATIONAL. ARBITRATION m bIBNA America Bank, N.A. OPUiv1 C/o Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 702 King Farm Blvd, Two Irvington Centre Rockville, 11D 20850-5775 Entered in the State of Pennsylvania CLAMANT(s), AWARD RE: MBNA America Bank, N.A. v Clyde L Bertrom File Number: FA0209000124629 Claimant File Number: 5329007933005355 Clyde L Bertrom 1023 YORK RD Dillsburg, PA 17019-9003 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: 1. That no known conflict of interest exists. 2. That on or before 09/06/2002 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 Respondent has filed a response with the Forum and served it on the Claimant. 5. That the matter has proceeded in accord with the applicable Forum Code of Procedure. 6. The Parties have had the opportunity to present all evidence and information to the Arbitrator. 7. That the Arbitrator has reviewed all evidence and information submitted in this case. 8. 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 $4,735.72. ACKNOWLEDGEMENT This Award was duly entered and delivered to the parties on this date. Honorable Harold Kalm" a Director of Arbitration 02/11/2003 Date: 02/11/2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., NO. 03-SU-6236 Civil Term Plaintiff VS. CIVIL ACTION - LAW CLYDE L. BERTROM, Defendant CERTIFICATE OF SERVICE I, Amy F. Wolfson, Esquire, do hereby certify that I served a copy of the foregoing Plaintiff's Petition to Confirm Arbitration Award upon the Defendant's Counsel, by First Class Mail, Postage Prepaid, a copy thereof on this day of ?( \ 200` , to: Steven Portico, Esquire 101 Office Center, Suite A 101 U.S. Route 15 South Dillsburg, PA 17019 Respectfully submitted, Amy F. olfson, quire WOLP F st A?kAMSON, LLP 267 East Market Street York, PA 17403-2000 (717) 846-1252 I.D. No. 87062 Attorney for Plaintiff EXHIBIT " B" e?• q-qa-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - t.'bZP MBNA AMERICA BANK, N.A., NO. 03-S{w64ft5 Civil Term Plaintiff VS. CIVIL ACTION - LAW CLYDE L. BERTROM, Defendant `_ RLI AND NOW, this day of , 2004, upon the i consideration of the foregoing Petition to Confirm Arbitration Award, it is ORDERED the the parties to this action show cause, if any they have, why this Motion should not be granted. RULE RETURNABLE days from the date of service hereof. BY THE COURT: P Judge TALF CGi?Y FROM RECORD Ir, I art i11w(.r' Yo r is tif, i i t + 1i0 Sad rtsy han ` `lYi !yd.fl f!1 ;v.:S'j &"gwi Cdf lsie, P3. EXHIBIT "C" 17[2-73?? !.!"\TlRL;a\I RT CUOFCUM,b1ON PLEAS Of ?dR\. L\TY• PENNS}•r VANLA rr K. Q } +'1-tnn i rl < N..1 03.6: 26 C.1 it Tcrnt n??l?•ndanr CI VIL ACTrUV - L\ ?? C- L- IFIC'.ATE OF SE'RVIC'E L-SQUIRE, do hereby cc,- lorr??nin?Rine t,ty that r Served a co t upon the deti'nd;'ntt'y Counsel, 1 y of the hrrcot't'i this 14" ,.. 1)y Fir:st Class Mail. P u,,, ,tl , Postage Pre-Paiti. 1av, _0!)4. lo: t coley STEVE P(1RTKO. ESQ()llZ,- 101 U.S I5 SUUT7f DILL,SBURC, , PA 170x9 .Arty F. b1, t LG ?'?tol>ol'I.t so,t,..Esi } << Abram Attorneys in the I'?f 3c'i 67 East Market Street York• PA 17403 (717)846-125 I.D. No.8706? Atlorney for PlaintiPF ct ;'; n v r "? -a m t J /-, F, L.P. of Debt Collection IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., NO. 03-6326 Civil Term Plaintiff VS. CIVIL ACTION - LAW CLYDE L. BERTROM, Defendant CERTIFICATE OF SERVICE I, AMY F. DOYLE, ESQUIRE, do hereby certify that I served a copy of the foregoing Motion to Make Rule Absolute upon counsel for Defendant, by First Class Mail, Postage Pre-Paid, a copy thereof on this 6 day oflU , 2004, to: Steven Portko, Esquire 101 Office Center, Suite A 101 U.S. Route 15 South Dillsburg, PA 17019 Amy F. Doy , Esquire ID No. 87062 Philip C. Warholic, Esquire ID No. 86341 Daniel F. Wolfson, Esquire ID No. 20617 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Attorney for Movant C7 N Y t C., T mT -? v _- ` -- N ? Jrn W -c IN THE COURT OF COMMON PLEAS OF JUL 15 2604 CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., Plaintiff VS. CLYDE L. BERTROM, Defendant NO. 03-6326 Civil Term CIVIL ACTION - LAW RDER AND NOW, TO WIT, )wt day of 2004, upon consideration of the foregoing Motion, and Defendant/Respondent having failed to show cause as ordered by this Court, it is hereby ordered and decreed that judgment is entered in favor of Plaintiff and against Defendant/Respondent in the amount of Four Thousand Seven Hundred Thirty-Five and 72/100 ($4,735.72) Dollars. BY THE COURT: ?a Z /*? P J. ?' 2? ? ?nr.??n??s•akv r,;..,n? IW, 0 ( :6 IRV SZ llr h"Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., NO. 03-6326 Plaintiff vs. ' CIVIL ACTION - LAW CLYDE L BERTROM, Defendant CERTIFICATE OF SERVICE I, Amy F. Doyle, Esquire, do hereby certify that I served a copy of the Order upon the Defendant, by First Class Mail, Postage Pre-Paid, a copy thereof on this 31" day of July, 2004, to: Clyde L. Bertrom 1023 York Road Dillsburg, PA 17019 041D_P'Z? Amy F. oyle, E wire ID No. 87062 Philip C. Warholic, Esquire ID No.86341 WOLPOFF & ABRAMSON, LLP Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 C1 ra C ? c? 'f7 t -n m 7 C> x f' !, GCs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. No. 03-6326 Plaintiff VS. CLYDE L. BERTROM Defendant PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff and against Defendant, CLYDE L. BERTROM, pursuant to an Order of Court dated July 27, 2004. (X) Amount due $4,735.72 Interest from $ to be determined Attorneys Commission $ to be determined Filing Costs $ to be determined TOTAL $4.735.72 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 Attorney of Record. ( ) 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 10 ys prior to the date of the filing of this Praecipe aandd?a copy of the notice is attached. DATE: 7?/? y Signature: Q? / my F. D eID No. 87062 Philip C. Warholic, Esquire ID No. 86341 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 NOW, 20QL, JUDGMENT IS ENTERED AS OVE. Prothonotary/Clerk, Civil 4Divii ?.By: Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. No. 03-6326 Plaintiff VS. CLYDE L. BERTROM Defendant AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK I, Amy F. Doyle, 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, CLYDE L. BERTROM, above named, are over 21 years of age; is last know to reside at 1023 YORK RD, DILLSBURG, PA 17019-9003, 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 . gDoyl, Esqui ID No. 87062 Philip C. Warholic, Esquire ID No. 86341 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 SWORN and SUBSCRIBED To bef re me this I day Of cS+ 20?. Notary Public JUL 15 20049 e IN THE COURT OF COMMON PLEAS OF 1? CUMBERLAND COUNTY, PENNSYLVANIA p? I 7V73V MBNA AMERICA BANK, N.A., Plaintiff VS. CLYDE L. BERTROM, Defendant NO. 03-6326 Civil Term CIVIL ACTION - LAW ORDER ?day of\'q , 2004, upon AND NOW, TO WIT,22 + consideration of the foregoing Motion, and Defendan spondent having failed to show cause as ordered by this Court, it is hereby ordered and decreed that judgment is entered in favor of Plaintiff and against Defendant/Respondent in the amount of Four Thousand Seven Hundred Thirty-Five and 72/100 ($4,735.72) Dollars. BY THE COURT: P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. No. 03-6326 Plaintiff VS. CLYDE L. BERTROM Defendant CERTIFICATE OF RESIDENCE I, Amy F. Doyle, Esquire, due hereby certify that the last known address of the above referenced Defendant is as follows: CLYDE L. BERTROM 1023 YORK RD DILLSBURG, PA 17019-9003 submitted, Date: August 3, 2004 Amy F. Doyl)6,'Esqui-/ ID No. 87062 71 Philip C. Warholic, Esquire ID No. 86341 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 ? ? ? _, g ??Q? ??? ?.? 241 ~ PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) P.R.C.P. 3101 to 3149 MBNA AMERICA BANK, N.A. IN THE COURT OF COMMON PLEAS OF 655 PAPER MILL ROAD CUMBERLAND COUNTY, PENNSYLVANIA MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff Vs. JUDGMENT NO. 036326 CLYDE L BERTROM 112 PENN DR COATESVILLE PA 19320-1711 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) To the Prothonotary: PLEASE ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Directed to the Sheriff of CUMBERLAND COUNTY, Pennsylvania; (2) against, CLYDE L BERTROM 112 PENN DR COATESVILLE PA 19320-1711 Defendant(s); (3) and against, COMMERCE BANK 100 SENATE AVE CAMP HILL PA 17011-2309 Garnishee(s); (4) and index this writ (a) against, CLYDE L BERTROM , Defendant(s) and (b) against, COMMERCE BANK , Garnishee(s), as a lis pendens against the real property of the Defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property) *** GARNISH ONLY *** You are directed to attach the property of the Defendant(s) not levied upon in the possession of COMMERCE BANK 100 SENATE AVE CAMP HILL PA 17011-2309 Garnishee(s) All accounts including but not limited to all savings, checking and other accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, securities, coupons and safe deposit boxes. Amount due Interest from 08/19/2004 At an interest rate of 62 per year Dated: C $ 14755, 7d, To Be Determined Total $t/735,7 3- Plus costs & interest Amy F. Doyle x/87062 / Daniel F. Wolfson (20617 Philip C. Warholic #86341 / Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Ronald M. Abramson #94266 / Ronald S. Canter #94000 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 / 017)_ 303-6700 fi AQL d 1 ? G1 t ?:?' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-6326 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MBNA AMERICA BANK, N.A., Plaintiff (s) From CLYDE L. BERTROM, 112 PENN DR, COATESVILLE, PA 19320-1711 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, 100 SENATE AVE., CAMP HILL, PA 17011-2309 - ALL ACCOUNTS INCLUDING BUT NOT LIMITED TO ALL SAVINGS, CHECKING AND OTHER ACCOUNTS, CERTIFICATES OF DEPOSIT, NOTES RECEIVABLES, COLLATERAL, PLEDGES, DOCUMENTS OF TITLE, SECURITIES, COUPONS AND SAFE DEPOSIT BOXES. GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $4735.72 L.L. $.50 Interest FROM 8/19/04 AT AN INTEREST RATE OF 6 % PER YEAR Atry's Comm % Arty Paid $116.71 Plaintiff Paid Date: JANUARY 4, 2006 (Seal) Due Prothy $1.00 Other Costs P othonota By: Deputy REQUESTING PARTY: Name ANDREW C. SPEARS, ESQUIRE Address: WOLPOFF & ABRAMSON 4660 TRINDLE ROAD 3RD FLOOR CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-303-6700 Supreme Court ID No. 87737 SHERIFF'S RETURN - GARNISHEE CASE NO: 2003-06326 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND MBNA AMERICA BANK N A VS BERTROM CLYDE L And now CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0011:25 Hours, on the 11th day of January , 2006, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT BERTROM CLYDE L , in the hands, possession, or control of the within named Garnishee COMMERCE BANK 100 SENATE AVE CAMP HILL. PA 17011 Cumberland County, Pennsylvania, by handing to SHONDA A. STEWART (ADM. ASST) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So answ R. Thomas Kline Sheriff of Cumberland County 01/11/2006 Sworn and subscribed to before me this day of l l.. ?. Jpo A,. D* Pr hono By - eputy S eriff 71 244 -if IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. NO. 036326 655 PAPER MILL ROAD Plaintiff VS. CLYDE L BERTROM 112 PENN DR COATESVILLE PA 19320-1711 Defendant (s) CIVIL ACTION-LAW A oe,? -+ INTERROGATORIES TO GARNISHEE IN AID OF EXECUTION T0; PURSUANT TO RULE 3114 OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. GARNISHEE IS HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND FULLY. PLEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S). IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEE A. You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. B. The term "Defendant(s)" means the individual(s) or entity against whom the Writ of Execution was issued. C. "You" means the main office and all branch offices, representatives, employees, and agents of your organization. D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which is in your possession, custody or control is attached, including all property of the Defendant(s) which comes into your possession thereafter. E. These Interrogatories are considered to be continuing and therefore should be modified or supplemented as you receive further or additional information. F. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate is to be used, it should be identified as such, and an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. G. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives, and attorneys. SS# 169 40 0342 ORALEX/PAWRIT W&A FILE NO. 97927367 242 PLAINTIFF'S INTERROGATORIES TO GARNISHEE DEFENDANT(S) - CLYDE L BERTROM 112 PENN DR COATESVILLE PA 19320-1711 SSA/ 169 40 0342 1. DEPOSITORY ACCOUNTS: At the time you were served or'at any subsequent time, state whether or not the Defendant(s) maintains any checking, savings, lines of credit, certificate.of deposit's or other depository accounts with your institution. If so, state the identification numbers of those accounts, and the amount or amounts the Defendant(s) has in each account. If the Defendant(s) maintains any of these jointly with any other person, or persons, give their name and address. N° ei)dckni hoes Qccconf S-NiG-Wgq o?nt1? ?1eld VVi h h?S V?1 UY1Cic1 R 'r?raY??• -MI5 Qcc u??t rear ri he\d Vor ?hiS ?Nr. 1 DIRECT DEPOSIT ACCOUNTS: Are any of the accounts you have listed above direct deposit accounts? If yes, please state the identification numbers of those accounts. ye (LM\Tr Ao coesii lm 1. 2. SAFE DEPOSIT BOXES: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any safe deposit box of boxes. If so, include the identification number or other designation of the box or boxes. Include a full description of the contents and also the amount of cash among those contents. If the Defendant(s) maintains any of these jointly with any other person or persons, give their full name and address. 1`0- 3. PERSONAL PROPERTY: At the time you were served or at any subsequent time, state whether or not Defendant(s) owns any personal property that was in your possession and/or control. If so, include a full description of all personal property giving full value and present location. State also whether or not there are any encumbrances or liens holders, the present balance of the encumbrance. State where and when the encumbrances or liens was recorded. If the Defendant(s) owns any personal property jointly with any person or persons, give names and address. 1'e 019\Ner 113 Vlst,on I 4. OTHER ASSETS: At the time you were served or at any subsequent time, did you know of the existence of any other asset(s) of the Defendant(s) whict are not disclosed in the preceding Interrogatories. If so, please set forth all details concerning those asset(s). See amvver ?? pes- ?v 1- ORALE2/PAWRIT W&A FILE NO. 97927367 243 l 5. PROPERTY: At the time you were served or at any subsequent time, was there in your possession, custody, or control or in the joining possession, custody, or control of yourself and one or more other persons any property of any nature owned solely or in part by any Defendant(s)? If so, please describe for each Defendant(s) each item of property including its value. e suve?' ?3 vf'sAljn 6. REAL PROPERTY: At the time you were served or at any subsequent time, did you hold legal, or equitable title to any property of any nature owned solely or in part by the Defendant(s) or in which and Defendant(s) held or claimed any interest? If so, describe for each Defendant(s) each item of property including its value and the interest held by the Defendant(s). "I I -?o?A I. See answer t0 w" 7. PROPERTY HELD AS A FIDUCIARY: At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which any Defendant(s) had an interest? If so, please describe for each Defendant(s) the nature of the property including its value and the interest of Defendant(s). ?0 8. TRANSFER OF PROPERTY: At any time before or after you were served, dii any Defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent. If so, for each Defendant(s) describe the property transferred or delivered including the dates of delivery or transfer and state the consideration paid. I&fewn' matte - rVw)SWS iatc 4?-c omt re?xence -)A-\e wwr io Trv(cei ?ccuutl? ??? ? OHAIV\ur? c3utsc MT (DT Vv NiCO XtitYe al ft 61reC QO Or commcrce k 9. FEES OUTSTANDING TO GARNISHEE: Are there any attorneys fees or processing fees charged by you against the Defendant(s) or account(s) of the Defendant(s) for the completion of this Answer. If yes, outline the exact amount of any fees due and owing to the garnishee or the attorney for the garnishee for the preparation of the Answer. %%0'00 >? Ute s if V& C Amy F. Doyle "-#M62 / Daniel F. Wolfson //20 Philip C. Warholic )86341 / Andrew C. Spears //87 David R. Galloway //87326 / Tonilyn M. Chippie //87 SANWHASSISBURG Ronald M. Abramson //94266 / Ronald S. Canter //94 Bruce H. Cherkis //18837 WOLPOFF & ABRAMSON, L.L.P. / Counsel for Plaintiff 1 l - Attorneys in the Practice of Debt Collection II ? '0(0 4660 Trindle Road, 3rd Floor, Camp Hill, PA 17011 (717) 303-6700 Date: WwVsww !ew9-tWt tie ee 9t msow Vs Ise sita- mw ejo tib- mm main 1?m 010 to almO?m n I'IIrIUII'.U'II IIp1UlU II.11 II!II!IIIUIII IIgl?llrll'1111,j1.(I11'll?ll'lllll?lllll?lllllill!1.11111111V II,I111Ir 1111111 Il,jlrll,llnl'IPIIIIIUI'IIIII I?YI, = _ b b State of Nevada P ka rriage' Certi icate' - = S,msofxJPR6 No- D690817 - e = Conrlryn(c!n(i _ his is to ecr(if t6ar rfie nndcrsi ne1d_i?Ir jJ,'I I: AT (`nN DFMI'I•V H4ARRIAGR ICO bj Sti1f1NER = (PRINT NAML ANLI IIIA( ' I,lf CIFFI11M. PFRF-0RMINU MAKWAUL) - rGdon (/r dry TUNIC zo _u t 1 '- P - ar X09 sE? ? sr•R cu ,cas xrvada. _ _ (AUUKLS) OR CIIURfnI p (CITY) q ? l? y _ _ e = -join in (al fu(waikkc b ?r \ r _ of DILLSBURG \ PENNSYLVANIA , titnti/Couum ..• ' - and lr i(iNDAIZTCi? 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CLYDE BERTROM Defendant CIVIL ACTION - LAW PRAECIPE TO DISMISS WRIT OF EXECUTION To the Prothonotary: Please dismiss the Writ of Execution which has been filed in the above-referenced matter. Dated: 9 1/6104 Respectfully Submitted, Anly F. Doyl# #87062 Daniel F. W fson #20617 Philip C. Warholic #86341 Andrew C. Spears #87737 David R. Galloway #87326 Tonilyn M. Chippie #87852 Ronald M. Abramson #94266 Ronald S. Canter #94000 Bruce H. Cherkis #18837 WOLPOFF & ABRAMSON, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Rd., 3`d Floor Camp Hill, PA 17011 (717) 303-6700 W&A File No. 97927367 G c -L R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff s Costs: Advance Costs: 150.00 Sheriffs Costs 92.35 Docketing 18.00 57.65 Poundage 1.81 Advertising Law Library .50 Prothonotary 1.00 Refunded to Atty on 10/04/06 Mileage 10.56 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Certified Mail Postage 1.48 Garnishee 9.00 TOTAL 92.35 So Answers; -W, y r? R. Thomas Kline, Sheriff 1 By(??G_Lt S, 2===? ? , bO .z d b- Ndf 9001 bd 'A1NnuJ uh.'V "183OWn0 AIIJ3NS 3141 A 301330 0 s w 6v i' ? S s PJ ? / 8Y341 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-6326 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MBNA AMERICA BANK, N.A., Plaintiff (s) From CLYDE L. BERTROM, 112 PENN DR, COATESVILLE, PA 19320-1711 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, 100 SENATE AVE., CAMP HILL, PA 17011-2309 - ALL ACCOUNTS INCLUDING BUT NOT LIMITED TO ALL SAVINGS, CHECKING AND OTHER ACCOUNTS, CERTIFICATES OF DEPOSIT, NOTES RECEIVABLES, COLLATERAL, PLEDGES, DOCUMENTS OF TITLE, SECURITIES, COUPONS AND SAFE DEPOSIT BOXES. GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $4735.72 L.L. $.50 Interest FROM 8/19/04 AT AN INTEREST RATE OF 6 % PER YEAR Atty's Comm % Atty Paid $116.71 Plaintiff Paid Date: JANUARY 4, 2006 (Seal) Due Prothy $1.00 Other Costs rothonot , -7 By: Deputy REQUESTING PARTY: Name ANDREW C. SPEARS, ESQUIRE Address: WOLPOFF & ABRAMSON 4660 TRINDLE ROAD 3" FLOOR CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-303-6700 Supreme Court ID No. 87737 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CLYDE LEON BERTRAM fdba Bertram's Locksmithing; fdba L&C Transportation LINDA REGINA BERTRAM fka Linda Regina Bonner; fdba Linda Bonner Cleaning Service, Debtor V. CHAPTER 7 CASE NO.1:07-bk-00116 RNO CUMBERLAND COUNTY DOCKET 2003-6326 CLYDE LEON BERTRAM fdba Bertram's Locksmithing; fdba L&C Transportation LINDA REGINA BERTRAM fka Linda Regina Bonner; fdba Linda Bonner Cleaning Service, Movant v. MBNA AMERICA BANK NA, Respondent ORDER AT Harrisburg, in said District, UPON consideration of the foregoing Motion to Avoid Judgment of Respondent under Section 522(f) of the Bankruptcy Code, it is hereby ORDERED AND DECREED that the relief prayed for in the Motion be, and hereby is granted, to wit, the judgment of MBNA AMERICA BANK NA in the amount of $4,735.72 entered in Cumberland County be and hereby is avoided; it is further ORDERED AND DECREED that a certified copy of this Order may be filed with the Prothonotary of Cumberland County and and the Prothonotary is directed to terminate the judgment in the judgment indices. CERTIFIED !GROIN THE RECORD this day of ' 2000 Clerk, U, Bankr yt C urt n ) A n ^ By the Court, - 6" This darument signed. and led on the same date. Dated: April 11, 2007 r-Q C