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HomeMy WebLinkAbout04-1975IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., NO. dy - /971 t??vj L?EfLj'Y` Plaintiff vs. CIVIL ACTION - LAW ANGELA S. HEISHMAN Defendant NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice is served, by entering a written appearance, personally of by attorney, and filing in waiting with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and 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 corte. Si used quaere defensas de esas demandas expuestas an ]as paginas, 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 an la corte an forma escrita sus defensas o sus objeciones a last demandas en contra de su persona. Sea avisado qua si used no se defienda, la corte tomara medidas y psedido entrar una orden contra used sin previo aviso o notificacion y por cualquier queja o alivio qua as pedido an la peticion de demanda. Used puede perder dinero o sus propiedades o otros derechos importantes para used. LLEVE ESTA DEMANDA A UN ABODOAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSITANCIA LEGAL. Cumberland County Bar Association Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., NO. 04-/97,S Plaintiff vs. ANGELA S. HEISHMAN Defendant CIVIL ACTION - LAW r4941uTJ>lJIa 1 0LUv L? AND NOW, comes the Plaintiff, by and through its attorneys, Amy F. Wolfson, Esquire, and the law firm of Wolpoff & Abramson, LLP, and files the within Complaint and in support avers as follows: Plaintiff, MBNA AMERICA BANK, N.A., is a Delaware corporation doing business within the Commonwealth of Pennsylvania, and the other states of the United States, with its principal place of business situated at P.O. Box 15718, Wilmington, Delaware 19850. 2. Defendant, ANGELA S. HEISHMAN, is an adult individual with a last known address of 623 ALEXANDER SPRING RD, CUMBERLAND County, CARLISLE, PA 17013- 9132. 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 Plaintiff's licensees. 5. Defendant have been provided with copies of the Statements of Account accurately showing all debits and credits for transactions on the aforementioned credit card account. 6. Defendant did not object to the above mentioned Statements of Account submitted by Plaintiff to Defendant. 7. Pursuant to the Credit Card Agreement, which Defendant received when the aforementioned credit was issued, the parties agreed that this matter be referred to Arbitration in the event of any claim and/or dispute if the account is referred for collection. See Exhibit "A" as previously identified and incorporated herein. 8. That this matter was referred to Arbitration for determination and disposition, whereby an Arbitration Award was entered against the Defendant and in favor of the Plaintiff for the outstanding balance due. A true and correct copy of the Arbitration Award is attached hereto, incorporated herein and marked as Exhibit "B". 9. That Defendant has made sporadic and irregular payments which have been applied to the outstanding balance of this account. 10. As of the date of the within Complaint, the remaining balance due, owing and unpaid on Defendant's credit card account, as a result of charges made by said Defendant and/or any authorized users is the sum of $ 35,298.12. 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. Plaintiff has retained the services of the law firm of Wolpoff & Abramson, LLP in the collection of the amount due from Defendant. 13 Any and all conditions precedent to the bringing of this action have been performed by Plaintiff. 14. The amount in controversy exceeds the jurisdictional amount requiring compulsory arbitration.. WHEREFORE, Plaintiff, MBNA AMERICA BANK, N.A., respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant, ANGELA S. HEISHMAN, in the amount of $35,298.12, plus costs of this action and such other relief as the Court deems proper and just. submitted, Amy F. W fson, q e WOLPO F & 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 BANK, N.A., who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: April 19, 2004 Amy F. olfson, Ire WOLP FF & AB ON, LLP 267 East Market t York, PA 17403 (717) 846-1252 ID No. 87062 Attorney for Plaintiff EXHIBIT "A" Credit Card Agreement .; ' Aiidrfioncti.:Te61W -and, g0nditfow .Y• •. ,1. ,, l , •:.n?•i fY. ?•i 1°f .••..v ?4?., 11 :?1 ;r; n. •,,,itr•,,.Accuracy'of''infpYmation CreditP.eportirg;Agelic?5: fa.:. ::5 Haw y6 'USe,1 Our ceou?st' j :7k ;4 ;; •5 ` £7 `• PaymQnts 4n-YtiurAec,4unr_ ............... ....6 . y:.meqd Ais`.9gieeaieni .:.:.......:.9 .. :m'whatLaw'ApphQ's ", ;' `1. ,1;•''u'' rbitratf4n''and.k iel a •;;;,'•..:..a •,.;.:; Nbn9c Your Contract With Us Your Credit Card Agreement with us con5istp of these Additional Tc: ms and Conditions and the document cal!ed the Raquir.d Fadcml Dtoclosures or tht,lhitlal Disclosure, You o v" to the terms and conditions of thls,Agreamenr. Far the purpose cl the PriwN Noft we will use the Oefinlttans contained In the third pamaraph of the vrNa y Notice, for the tdMM116er of the Agreement, we will use the definitions desrriberi vndw the section ntading WW5 usut of. n in ids A, rgm.rx ` Privac Notice Your prNagy Is important to US: At NIBNA, we are committed toprovidine you with the linen financial products and services backed by consistently top-quality service. And while Information about you is fundamental ! m our ability to do this, wa fully recognize the importance of keeping personal and account iriFormatio t secure. i . 7o offer you the wlde<st range of prOducN and services, MENA may Share )nformatlgn about you both within MBNA and outside of MBNA with other companies. This ill lows us to offer you products and services tilat f maytnterest au and best meet your'neees,whether they art availoblt directly from MBNA or through our i relationships with other companies. We want you to underrand our information safeguards, what informatiop l we collect, what Infomiation we share, and the benefirs y& Mceirewhen We share Information aboutyou; This notice describes the privacy practices of MBNA Cri Pmratlcn and all MENA affiliates, including MBNA America Sank. N-A., hAsNAAmerica (Delaware). N.F.. pailaldian 5ravel Services, InC, MBNA Hallmark Intormatlon Servims, Inc.. M13NA Marketing Systems. f Inc.,andMSNAinsuranceAgency,Inc, (collealvely WBNA'•), for financial products and services gaverncd • by the lbws or the United States.of America, This notice explains MBNAs Information collection and sharing Practices and ieU you choose whether or not MBNA may Share certain ifiiormadon about you, either i wYthd, MFNA or outside of MBNA with other companies, Our 5e0urlr$ Procedures: MBNA understands the importance of protectlN and securing Information and using it appropriately, Access to in(ormat!On about you is rest1laW to rh a people of MBNA who require it to piovidc products or services to YOU. We maintain physi• cal. eiecrronic, and procedural safeguards that comply with federal standards rot the security of information. ( when MBNA shares information about you with companies outside of MBNA, w t require them to impose safeguards, use It only for a permitted purpose, and To return It Io us or destroy it once that purpose Is sorved, we limit the amount of information shared To what Is appropriate to offer a product or service effi- ciently. MBNAta0uiresanycompany receiving Infer. oration fror„ MBNA to sign a Confidentiality Agiaorrient containing these requirements and obifeatins that Company to prQtO,i the information as we tvould. 1do. ;a-;of, WQ Cc;ie,.i: 14; :A ;Ol!?ct? and usu nonpublic personal information about you to conduct our business and to consistently deliver the top-quality customer service you expect from us. Sources of this infc )notion include rho following: • Information we receive from you on appilcations and other firms or Through your corrospondence or communication with us Including through the mail, by telephone, or over the Internet; • Information we receive from third parties. such as consumer reporting agencies. to verify statements you've made to us, or regarding your employment, credit. or other relarlonshlps; and e Lnforniatior, a`Jouj your tranSaCClOnsLvrlth MBNA and with othercorrparies OutStde of MBNA. information We Share within M13N,9c We may share all of the information we collect about you with finanda) service companies within MBNAto offeraddi- tional products or services that may interest you and, best meet your needs. We believe this Is convenient foryou and may save you both time and money. To do so, we share identification information Isvch as name and address!. TransactioA and experience Information (such as purchases and payments). credit eligibility fnformacian (such as credit r,pors and appficationsj, and othcn intormaton, 9hedecision To purchase any Such products or services is y«irs alone. You may Tell us not to share credit ellgibllity dnformation about you with- in 918,Nk but please understand this does notpmhibit ue from of:enng you additional products and services or from., sha,ng transaction and experience, idantlflcatlon, and other information within MWA 1nioTaation Ws Sham With Others; Rom time to rime, we may allow companies outside of MBNAto offer you their produ,= and services that may interest you. These prod= 75 and services may be offered by financial ,service providers (such as banks. loan brokers. account agarewors. Insurance agents, Insurance companies, mortaaee bankers, and securities broker dealers), by nonPrnancfal oompanks (such as retailers, directmar- kater'a, Communications companies, Internet service providers, manufacturers. service companies, travel 3 zgents, cruise lines, car rental agencies, hotels, airlines, publishers, and organizations endorsing MBNA financial • produ0lz or sarylcesl, and others (such as nonprofit orcan:nitions).:ubjecr to applicable law. we may share all the information we collCCf with these companies out. side of MBNA, unless you tell us notto. Additionally, we nay share all the Information we toiler, with 6ompanias that perform marketing of other servicos On our behalf or to other financial institutions ""-'--- with,xhichwehavajohitmarkerlngagreements. We are also permitted by law to share information about you with other companies In certain circumstances. For instance, we may share all of the information we col lest with companias assisting us in servicing your loan or account, wif'n companies that indorse our products and services throueb affinity agreements, with government entities in response to subpoenas or regnUtor;requirements, and with consumer reporting agencies. ['you tell us not to share Information with f companies outside of MSNA that wish to offeryou their products and servicos, as described above, please understand that we will continue to ihare information In these additinnzl circumstances. Important lntonnat on About Your Choice: Wt•re 1 dadicatsd to sewin_ your needs - and to respectins your choices related to privacy. You tray tell us not to share aedlt eligibility information within MBNA, endyou may tell us not to share information with companies outside ( of MBNA that wish to offeryou theirprodutxs and semen as described above, If you wish to opt out of such info nation sharing, please calltoll-rree 1-Sdb?SI•I255. We will ask you to verify your Identity and the spedfi(; accounts to which the opt out applies, so please have all yowaccount, menibrtship, or reference numbers and your Social Security nvmberor7axp2yar Idendflcatlon number for depostt accounts available when you call, MBNA applies opt outs at the saount level, not by individual Customer. Whan any person listed with others on an account pots out ifor example. a cobppilcarn. joint. i accountholder, or authorized user). we wflllist the entirc account as having opted out MBNA will continue to adhere co its dlsclosed privacy practices for an account even if it bccomes inactive or is closed. An opt out from information sharing on an account as described above, etther within MBNA and/or wkh companies outside of MBNA, remains effective Unless revoked in wricinq. Federal regulations require us to provide this notice on an annual basis, whether or not an account has previously opted out from eirhef type 9 at infornaNpn sharing. Please remember when you receive our subsequent notices that an account previously opted out from either or both types of Information sharing (and not revoked in writin8) does not need to be opted out again. This notice updateS and replaces any previous no"cez tram M9NA about the prlvacy. security, and protection of Information. For additional Information rC.ar'dl,n,, M'•DNPr s privacy practices coaceffiing the Internet, and to vfewthe most recent version of this privacy notice, please go to vr+ny.mbn3Sf71n and click on "Privacy Notice.' You may have other privacy pro- teclons under state laws, We may amend this privacy notice at any time, and we will inform you of changes oe required by law. Words Used Often bt This Agreement , recmenr" or "Credit Card Apreement" means these .Additional Terms and Conditions and the Requited Federal Disclosures for the Initial Disdosuml and any Changes we make tc these documents from time to time. "You' arid 'your' mean astir and all of the persons who are eFemted, accapt. or use an account we hold. "Yau" arid "your also mean any other person who has guaranteed payment orthle account, when used In the sections entitled cur; May Manlwron4 Retord Telrphane Cars and Arbllmilon and ulipalion and when used in each of the sections relating to payment of this account iYour Promise to P4y, and Haw We AlhxaieYa4r Paymdn19, for examplal. 'V,re; 'us; "our", and'a48NA America' mean MIINA Am:rioa &sna, N.A. "Card' neans all the credo cards we sinus to you and to any ocher persai with authorixadon to use this aacauht pursuant in this Agreement. 'A=z check" means an aeeass check we. provide to you to make a Check Cash Advance on your account. I( we nse a capitalized rerm In this document but do not deflna the terns In this document, the term has the meonln5 glvcn to the Requlred Federal DledrrWres or 1114 Initial Disdcsuns. er ae used In your monthly statemenr, we use faction heading: (such as Wa(dsUud DfteninThfs Agree tml) to oreanhe this Agrecmcm. The actual terms oflhls t%Zreemant are in the sentences that follow, and mot the heading, Sian Your Card You sheuid sign your Card before you use h, We Mat; lYSordtor and Reearrl Telephone Calls Yau consent to and surhortze MONAAmerrCa, any of 115 aintlates, or its marketing associates to mcnRot and/or record any of your LCltphene conversations with oar representsti.es or the repiesentarims of any of those companies. 4 _ f Credit Repnrtina Agencies - You authorize MBNA Ameria to collect information about you, ir*chrdina credit mporal from pneumCr YepOnln@ dgancicn. i U 'YOU behave we have rurnished Inaccurate or incomplete .j I ,Vmallol about you or your account to a credit reporting a 9-"cp. w ri4 uc a t: bv19NA, Cradle RapoaJng!.gepdei, P.O. I dox I7o94-tvmmington,, Di 19484-Tar4, please include your name, addreae, home phone number, and account number. _-- : f and expt-In what you betlave.Is inaccurate or tncamnlarz_. Plow to Use Your Account roc may obtain credit In the form of Purchases and Cash ? A.d+ances by,usingyour cards, eccese checks. account number . i. orothercreditdrvicas,.Please mferteyourRequired Federal l D:etosures or initial Disclosure to determine what tranaao • i tlons constitute purchases and Cash Advances and howgou may obtain them, Wansaction Date for Certain Cash Advances w The transaction date for Check Cash Advences and Balance 'itansfara done, by check is the date you of the person to whom the check is made payable fist deposits or cashes the • chock. The transaction date for a returned payment (which ' wlil tnen be classified as a Bank Cash Advance) Is the dote I that the ro;responding payment posted to your account. ? ¢?Lf3'7L'SL'S fo!•1YSIYlA ?(oltP tS.t:Lptird? . You racy use your amount for personal, family. or housshold r purpose;. You may nor use your acorn-, for buainees or I commercial purposgs.You may not use a check Cash t Advance, or any other Cash Advanrc, to make a paymenr on y rhle or any other credit e¢ount with u:. You may not use or .f permit your account to be used to make any Weeal transaction. P¢rsons Using Your Account If you permit anyperson to use youroard, ateez chedks. j attountnumber.orothere rllt;i.•icewithiheauthoriationto . j Obtain Ltejit on your amount, you maybe liable for all transat• iF flans made by Choi person. induding transactions for whirls you may not h rvo intended to be Ilaole, even if the arrounk of those ttansacriens cusoyout ctedit Urnit to be exceeded. Authonaed m-c of di Ls amount may have the same access to Inforalation - i about th a account and lG urnrs as the account bottlers. ' How 'Yell May Stop payment an lint i .; Access ch8cp You may request a stop payment on an access check by pro- f vidlM us with the sacra check number, dollar amount, and i payee eracdy ae they -appear on the acte55 chtr.'ak, Oral and written atop payment requests on an aaeas check ere etfectlve f for six months-from the der that we place the stop payment. You MagNet Postdate an Access CFteck You may not Issue a postdated access check an Tour e account. If you do postdate an access check, we may elect to , - i t s v. _ • honor it upon presentmgnt or return it unpaid to the person Who presented V. to us for payment. without in clthar<esx. waiting far the date shown on the access deck We are not liable to you for any loss or expense Incurred by you arising our at the acrlon we elect to take. Your Promise to Pay vo,„ promise to pay us the amounts of all credit you cbn1n, which includes all purchases and Cash Advunces. You also prGmir tcpay•us -tl ;Y,o amounts of fi-lanen. . charges, fees. and aoyothcr transactions we charge against your amount, Papntents on Your Accoullt Yuu must pay each month at least the Total Minimum Payment Due shown on your monthly statement by Your Payment Due Dare. You may pay the entire amount you owe us at any time. payments made in any billing-cycle that are greater than the ibtal Minimum Payment Due will net affect your obligation to make the nest-Neal Minimum Paymiot %v. if-you ovcrpey or If there is a credit balance on your' account. we will not pay lnts rent on such amounts, Wewill Tel ea payments that are net drawn in U.S. dollars and these drawn oa Financial Institutions located oueldm the United Staten. Payment of your 7btct Minimum Payment Due may or a,old the assessment of ovcrlimlt Fees. Mien War Payment WllML Credited to Your Account we credit aaymenta as of the date received, If the payment is j 1) received by :l p.m. (Eartern 77me)i t11 received at the address shown in the upper left-hand comer of the front of your monthly statement; 131 paid with a check drawn in U.S. dollars on a US. financial 1nstltu1tfo11 or a U.S. dollar money order:.Ind l4) sent In the r=Tn eneelope with only.tha top portion of your statement a=nnpanying it, Payments morived titer i p.m. on any day. Inciuding the Wym6at Due Date. tut that otherwise maotthe above requirements, Will be 1 crsilted as of the next day. Credit for any C'.h°.r payments may be delayed up to flue days, How We Allocate Your Payinents we will alioolitc your payments in the manner we deter- ; mine. In most instances. we willallo?teyou:payrnemsto bslancc- tlneludine new transactonsl with lower APRs before -• balarlceswithhigherAPPt.This will tecultin new balancer with lower AP12s isueh as those with promotional APR offersl' Ueing paid before any other exis[mg bslona5. Prorrtlse to Pay Applies to All Persons All parsons who Initially or subsequently request, *=t; guarantee. or use the accuum are Individually and toeether responsible lorany total outstandine balance, "mayreftm to release from ifablllty any poison who is responsible tb pay any total cuts a.nding balance, until all of the cards, access diecks, and ocher credit devices outstondi ne under the 6 i w i 1 account have been returned to us and any such pmon or parsons repays u: the total outstanding balance owed tc us at en7 time under the terms of this Agreement. DefaU t s You will be in default of this Agreement if; (1) you fall to make nny rcq vi red Total Minimum Payment Que by its Payment Due pale; (3) your total outstanding balance execedv your credit limit; or t3) you fail C. abide by any other '. iG.y dr! his Pry1'eemen[, }glory jot tna pdrpP=?'a of aatetrniR- Ing ell£fbility and premium payment oblleatfons for the optional credit Inscranaa purchased through MEMA, yoawtll be dcvrned in ciefeuL* or delinquent J[ you fall to make a pay, meni within 90 dayc ofyour Payment Due Date. Ovr failure t to exarclse any at our rights when you default does not mean thatwe are unable to exefcisa'thoee rights.upon.late?default When. We Mail Require ifeuyteiVate Paymeflt 'f If you arc In default, we can require immediate payment of your tout outstanding balancz and. unless prohibited by r applicable-law and except as otherwise prov(ded underthe Ar *mrkr, and LftlFtion section of this Agreement. we can t alto fequlre you to pay the cost: we incur In any collection proceeding, as welt as reasonable attorneys fee, if we refer your account for collection to an attomeywho Is not our salaried empipyte. ? Qtitdrr Pa yflze'at Terms we can accept late payments, partial payments, or payments ! whh any m-crlalve writing without losing any cf'our rights under this Agreement. This means that no p"meni. Inducting those marked Vim "Nd In full"or with any other restrictive words, shall epcrata as an lecord and satisfaction wnhout the 1 prior wriuen approval of o.wcif oursenior officers, You rrray. I. nnr uax a postdated cheekto make a payment. 11 you do postdate a payment check we may elect to honor it upon li pttsentmcnx ar return it.anoredited to the pcr_cn who presented, it, without, incliner case, wetting for aa.data shown cc: the shed% Wa are not liable to you for any loss or expense incurred by you ariislne out of the action we elect to take. "Payment Holijay we may alloy you, from time to time, to orn!t a monthly ps)rtont. We will notify you when thin option is available. if Y you om!t a Payment, finance charges and any applicable leas j• will accrue on your accounr in pcrorcianecwlch this "?. Agreement. You must resume making your Total Wnlrnuiv 'i Payment Due each month followinga payment holiday. ?j Ttastsaetiaffs Meade in Foreign Cltrrendes 't if you make atransaction in a forelen curroncy, the transaction will be converted by In to a U.S. International. depondi!ng cm which card you uso,,in j! dollar amount in accordance with the operating regulations or conversion procedures in d" at the time that the transaction 11 is Processed. Currently, these regulations and procedures p. ]vide that the errancy, canve..slon rate to be used is either (i ) a wholesale market rate py (2) a gmemmert-mandated rata in effect one day pr'orto the processlne date, increased by one percent in each case. Vloa or Mast=Cdtd Maim this one percent as compensation forperforming the currency. conversion serice. The currency conversion rate In effect nn' the prr-essfng date may differ from the rate In effect on the tranaacdon date or the posting date. $llfifif Cycf"e Your billing cycle ends each month on a Closing Date dete,-nined by us. Each billing cycle begins an the day after the Closing bate of the previous billing Cycle. FAch etatement raflects a ainde billing cycle, Account Fees and Charges A=um Fcca: The following fees, which are set forth in your Re6uircd Federl'Disclosv= or Initial Disclosara, ate charged an Purchases in the haling cycle In whleh'the tees actfue: (I) a pte Fee If the Total Minirnum Payment Due shown on your monthly vat cmem is not reriv'ed by ue on or befara its Payment Due mate; 12) an Ovcrilnlt F[e If your Now Bolonce Total exceeds your. G edit limit on the last day of'a billing CY41a. Even If fees or fins not c:'.a'Res charged by us cause your Nsw faalanco Total to exceed your credit limit; an Overlimit Fee IS cheresd to you occount as of the day In the bOpng cycle that the total out- .. standing bslan,? on youraccount exceeds your credit limit; (3) a Returned Payment Fee if a payment on ytrvr account is i eturned to, insuificirmt funds or for any other reason, even if it Is paid upon subsequent presentment; 141 a Returned Coeh Advance Check Fee if v t return an access check unpaid For any mason, even if the access check is paid upon sobseaecnc presdntmerM u) a Copy Fee rot each moy of a monthly iratement ortalcs draft. cacnpt that the six most recent monthly statoncnts and six sale; draft. will be provided for Irec; and 16) an Annual Fee If your account IS open or If you =tnpln an account bala nCe, whether you have ectiw. Charing pnvi- lege or not. . Ahandenad-property Charges: Unless prohibited by applicabic law, we will charge yDar account, as a Purchase, for any costs incurred by us associated with complytne with state shandoned property fans. Please review your Required Federal Disclosures yr lntua) Disclosure for eddldonal Feepand chazg?,- that may apply to yoor account. tie f 3ts We may offeryou cenain benefits and setviceswith ytwr arrnunt- untass expressly.made a part of this Agreement, W. such benefts of services ar0 not a part of this Agreement but are oub(ect to the terms arse mcrictions oudinad in the beneltr l brochure ertd other otflclel documents provided to you from :ime A time by or an benaif of MBNA Ame cs. We may 6 i I adjust, add, or ddete Wne0cs and setvlcaa ac any time and without notice to you. Refusal to Honor Your Account we are not liable for any refusal to honor yonraemunt This cu, include a refusal to honor your card or account number or any cho<: wemen on your account. We are not liable for any retention of you. card by us. any other bank, or any provide: of goods or services. "ids Saspen"I or C16se Your Account Wd may suspend or close your account or otherxiseterminate your right to use your account. We may do this at any time and;or any rasan. Your obligations u nder th is Agreement coninuaeven after wehfive done this, You Must do3voy, all cards, access checks, anlS'a4gf devices; on the a6mu at when we rawfet that you do so. You MAY Chase Your Account You may close your account by notifying us'In writing or by telephone and destroying all aarrk. access ehse>r. and ocher credit devices on the account. Your obligations under this Agreement cpntinae even afterryoo have done ahfa. Transactions After Your Account Is Closed When your account is dosed, you must contact anyone aPzhorked to charge nansaetlens to youraecount such as in'emet service providers. health clubs, or Insurance camps Has. These turn:acesaa: may continua to be ehu;ed to your account until you change the billing. Also, if.we believe you have authodced a tranaaafon orara attempting to useywr account after you nave teque-seed to close the account, we may allow the Vanaectlen to Na characd to your Account. We Nlav Arnetul This Aqreeyrtent We may amend this Agreement at any time. we may amend it by adding, deleting, oy ehangrng provlt7cns of this Agreement. Whci we a mend this Agteement, we will comply' with the applicable nonce requirements of federal and Dalaware low that arc in effect-at shat tlmc. V an amendment fives you the opporr m* to rote, the change. and if you rdjeet the change in the manner provided in such amendment. we may germinate your right to receive credit and may ask you to return of) credit devices as a condition of your refection, The amend ad Agreement (Including-ny Maher-rate or other Maher charges or teeal will apply to the totol outstanding balance, include ng me balance nisting before the amendment b=.tame efieclvo, we may replace your card with another card ac any time, We Mag Sell Your Account We may at anytime, and whhom notice to you, sell, assign of transfer your account, any arms out on your scmunt. this Aememant. or our tights or obligations under your amount or Chia Agreement to any person or enrlty, The person or entity to whom we make any such sale. assignment or transer shall 9 ts! aruulad to all o: cue ripis andrar obligations underthis nsraeme?; to the extent sold, assigned or trans°terred, Your Credit Limit Your Credit limit is disclosed to you when you remiYe your card and, generally, on each monthly statcment. we may change your credit unit from time to time. The arneunr shown on your monthly statement. OF Cash or C:edit AGailaCIa does put Wkc into account any Pureru+ses, Gash Ad• anceS, fioanx charges, fee.: ePj rithegtransemonro. or credit; Shat post to your account after the Closing Dace of that monthly statement. Such transactions could result in your ctcdit limit belle axcecded and result )n the assessment of 0+ climlt Fees. WhazWe May Do if You, Attempt to Exceed Your Credit Limit The total Outstanding balance on your account plus auchornations at any time must sot be more than your cedii limit, it you attempt atransaction that fesultE in your total ouer,anding balancc ipius authodaticnsl excaoding your credit limit, we may (1) petnit the tran?arionw)thout raising your credit limit, l2) permit the cransitctlon and treat the amount of the transaction thaNS more than me credit limit as I`imediately dun; or (2) refuse to permit the t snssetioli. it '.VI ta(useto permit the transaction, Wa IDay adv1; E the Pemon who aaenpted the transaction th2t it has beenrefuszJ- if we refuse to permit a Check Cash Advance or Bilanoe mane er. we may do eo by advising the person presentingthe check Cash Advance or Balance Transfer that credit has been refus:d, that t--here are irtsu[:'icient funds to pay the Check Cauh Advance or Us= Transfer, or In any other manner, li we have previQ=ly Permitted you to exceed you[crRdit limit, it doss not mean that we will permit you to exceed your cfadit limit seal. it we decide to permit you to exceed your credit )imit, we nay cha rile an Overilmic Fat as provtdad in thlsAiireement. Unigutfivrizeli UsB of-Your Cord _ Please notify us immediately of the loss, then, of possible unautborlted use of your account at 1.800-44 I-$027, YOM MUSH Notlfy Us Wheft You change Your Address we s riye to keep accuraze records for your benefit pnd ours. The post office and others may notify us ora change to your address, when you change your address, you must notify us promptly of your new address. , W>tat i,aty Applies This Agreement is made in Delaware, and we extend credit co you from Delaware. This Agreement L• gpvemed by the lawn of the Scale of Delaware iwhhout regard to It, 00PRIet Of lava pdnciplus) and by any applicable (ederal fawt. 10 •,+- y,, ? ••a tY.?3(SR ... «-ua+. uh°x.5: w a. .aw.u3vr „,. +. .._. .. L-t k? The Provisions of This Agreemanr An i 'Severable kEanY provison a this Agreement is found to be invalid, j the remasJng provisions will Continue to be effective, OrarRi4lits ?CarYtnUe ! our Failure or delay in exercising any of our rights Under ith!a Agreement does not mean that we are unaL•le to eaerclse ?AY61traUolz and Litigation Thfe Arbltmdon and Litigation provision cpp5as: to you, # pmless you were Oven the opportunity to reject SheArbitration f land Gdga:ion provisions, and you did so reject them. In the i jmanner and dmeframe naquired, if you did reject c6cdlvely i ;much a provision. )no ognred that any lidgatipn 6yought'by you ` iatainst us teearding this ac oum or this Agreement shall b'e t ib,wght in a court located in the SMIC dMelawa re. ( Any claim or dispute (°Claiinl by either you or us against Sk ?thc other, or against the employees, agents, or assigu of the t 'one;, arising from or ralaLing In anyway to thin Agreement or l any prior Agreement or your account (whether undera 1 isatule, in con=a, ion, or otherwise and whether for money idom3ga. penalty. or declaratory or tqu!tsbl'c rcliefl, lnclud- inp elairns reeardin- the appiicdblhry of This Arbitration and Lldgadon secc:on or the validity of the entice Agrecment of ;any prior Ae?Mema t. shall be msoiyed by binding arbitration, The arbitration shall be conducted bythe Nadonal ;Arbitration t unen ("NM-1, under %be Code•of Procedure in effec at the time the cimm is filed. Rules and forms of the f[ ;Nation a! Arbitration Forum may be obtained and Ualins may 'be filed atany National Arbitration Forum office, ww r- 1 ifortim.cbm, or P.O. Box 70191, Minneapolis, Minnesota 55405. telephoni 1400474-2371, Ifthe NAF is unable or unvdlling t Ito acc as arbicrator,vie may substitute another nationally irsco;mind, independent aTbltmtion orgsnfration that psis a isimtl=r code of procedure. At your written Mquest,we will !advance any arbitratlon filing fee, or administrative and hearing Rees that you a= required to pay to pursue a Clam( In arbitration, ;The arbitrator will decide who will be ulifmately responsll:W { 'forpoyire thode fcea. In no event will you be required to :reimburse us for ahynrbitration filing. adminr:.trCtive or hear- :inF fcts to on amount greater than what your court costs i would have been if the Claim had been resolved In a state C ;ecur with Jurladlc0on. Arty arbitration hearing at which you k appear will take plane within the federal 111MC121 district that I pnduoesyour bllling:address attheTime theClaim isfiled. 1 ;This arblt.atlon agreement Is made pursuant toe transaction ;Irnwlvino into estate commerce, and shall be governed t7 the ;Federal Arbitration ACT.9 V.&C. 46 1.16 (`FAA-). ludTiment upon any arbitration award maybe entered in any court haw lingiurisdiction• Thearbitratershall follow existing subuan- 1 hive law to the extent consistent with the FAA and applicable istatutes of limitations and shell honor any claims or privilcce rocoghiz-d by law. If any party requests, the arbitrator shall i? • II Al write an opinlen•containing the reasons for the award, No Claim submitted to arbitration Is heard by a Jury and no Claim ray ba brought as a class action or a: a private attorney general, You do rot hare the right to act as a class repiesen iatlYt or participate as a member of a class of claimers with respect to any Claim. This Arbitration and Lltlgatlon section applies co all Claims ndu L, existence or that may arlee in the lucure. This ArbyaBon and udgatlon aeaion shall survivethe ..... terminatio^ of ;?tu eccour., wit h us as v+efl as any volunrar- paymept er the debt in full by You, any banknrP* by you. or sale of the debt by us, For the purposes of this Arbitration and Litigation canton, "aC' and'Us' main; MsNAAmertn Bank. NA, its pam= subsidiadw, affiliates, licence:, predecessors, successors, aaaigns, and anypvrclasor of your account. and all of their af^cem, directors, employing. aSgntb, and asZena.or any and all of them. Addironft..-we'or'us'shelf mean anythird party providing boncFtS, services, or products In connection with the account (lnduding but not Ilmlted to credit bureaus. merchants that accept ay credit device Issued under the account, mWard5 or enmilment smvfess. credit innfance companiv;a, debt collectors, andalt of their officers, dhectcm, employees ahd a6enre) It. and only If. such a third party Is named by you as a codefendant In any Claim you assert -ainnt US. as If any pact of this Arbitration and UNtatfon seatlen to lend to b: Invalld or unenforceableunderany taworstmute conststcnt with the FAA, the remainder af.chis Arl WAion and I.ulgavon section shall be enlotceable without regard to such invalidity or unenforccahllity, THE RESULT OF TFUS ARBITFAinON AcanmENT is THr+T, EXCEPT AS PROVIDEDASOVE, CLAIMS CANNOT ac 1,1T (GATED IN COURT, INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORBA JURY, AS CLASS &gr1ONS, OR A$ PRIVATE ATTORNEY GENERAL ACTIONS, 12 i M9NAAmcrlcitl 4^ a federally reglswed sefVlee mark of MSNAAmedca Hank, N.A. 0 2001 MBNA America Bank, NA. NEA90 (Revised 412001) e V ,. Y ..3 .: ..J: ..-., :. +s .S`nx;68? pT!'4DR%.'Wn., .. .... "??h .w, - •y,?r?waS? ?. •, A! EXHIBIT "B" III NATIONAL ARBITRATION FORUM 0 M13NA 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 Angela S Heishman File Number: FA0309000195145 Claimant File Number: 5490994177001435 Angela S Heishman 623 Alexander Spring Rd CARLISLE, PA 170139132 RESPONDENT(S). The undersigned Arbitrator in this case FINDS: I . That no known conflict of interest exists. 2. That on or before 09/12/2003 the Parties entered into an agreement providing that this matter shall be resolved through binding arbitration 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 in accordance with Rule 6 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 $35,298.12. Entered in the State of Pennsylvania Professor Curtis R. Reitz Arbitrator Date: 03/04/2004 ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly entered and the Forum hereby certifies that a copy of this Award was sent by first class mail postage prepaid to the parties at the above referenced addresses on this date. Honorable Harold Kalina, Ret. Director of Arbitration 03/04/2004 (_ l N r3 V` T W ? } ? Y 1.. l7 W 7YO? SHERIFF'S RETURN - REGULAR CASE NO: 2004-01975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MBNA AMERICA BANK NA VS HEISHMAN ANGELA S ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HEISHMAN ANGELA S the DEFENDANT , at 2119:00 HOURS, on the 10th day of May 2004 at 623 ALEXANDER SPRING RD CARLISLE, PA 17013 by handing to RANDY HEISHMAN, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18 . 0 0 3.45 .00 10.00 R. Thomas Kline .00 31.45 05/11/2004 WOLPLFF & ABRAMSON Sworn and Subscribed to before me this 1-kday of 7N1a6?,- G?co S, / A.D. e i. ?.:. Proth tam. not y G ary By: Deputy Sheriff h MBNA AMERICA BANK, N.A., Plaintiff V. ANGELA S. HEISHMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1975 CIVIL TERM CIVIL ACTION •- LAW SUGGESTION OF BANKRUPTCY This is a notice to inform the Court of Common Pleas that Angela S. Heishman filed a voluntary Chapter 7 Bankruptcy in the Middle District of Pennsylvania on May 17, 2004, at Case No. 1:04-bk-03001-MDF. All proceedings against Angela S. Heishman are stayed under 11 U.S.C. §362. Respectfully Submitted, Date: S Lawre , J. N ry, Esqu} Attu ney for D fendant U 108-112 Walnut Street Harrisburg, PA 17101-1609 (717)238-4798 (717)238-4793 - Fax Pa.I.D. No. 25827 CERTIFICATE OF SERVICE I, Lawrence J. Neary, attorney for the Defendant hereby certify that I have on the date shown below, served a copy of the foregoing Suggestion of Bankruptcy to the persons and in the manner indicated below: UNITED STATES FIRST CLASS MAIL, POSTAGE PREPAID Amy F. Wolfson, Esquire Wolpoff & Abramson, LLP 267 East Market Street York, PA 17403 Respectfully Submitted, Date: S 1 d `/ Attorney for CKfendant( / 108-112 Walnut Street \•J Harrisburg, PA 17101-1609 (717)238-4798 (717)238-4793 - Fax Pa.I.D. No. 25827 11 N _ y l j O CIO N.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff NO. 041975 vs. CIVIL ACTION - LAW ANGELA S HEISHMAN Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Respectfully Submitted, Amy F. Doyle #7062 Daniel F. Wolfson #20617 P "" 41 David R Galloway #87326 Tonilyn M. Chippie #87852 Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 ROlli.Id M. Abramson #94266 Ronald S. Canter #94000 WOLPOFF & ABRAMSON, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Rd., Suite 300 Camp Hill, PA 17011 (717) 303-6700 110078860 14% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff NO. 041975 vs. CIVIL ACTION - LAW ANGELA S HEISHMAN Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of the Praecipe to Discontinue was served upon the individual(s) listed below by Regular Mail, Postage Pre-Paid on this - day of , 20,_. LAWRENCE NEARY 108-112 WALNUT ST HARRISBURG, PA 17101-1609 12?v Amy F. Doyle #87062 Daniel F. Wol son #20617 Philip C. Warholic #86341 David R Galloway #87326 Tonilyn M. Chippie #87852 Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 Ronald M. Abramson #94266 Ronald S. Canter #94000 WOLPOFF & ABRAMSON, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Rd., Suite 300 Camp Hill, PA 17011 (717) 303-6700 - C7 'J a - r?,a I in s? ?