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Home My WebLink About04-2859 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., Plaintiff NO. O" VS. CIVIL ACTION - LAW SHARON ABAYASEKARA 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 the 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 en las paginas, siguientes, used tiene viente (20) dias de plazo al partir de la fecha de lademanda y la notifiation. Used debe presentar una 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 defienda, la corte tomara medidas y psedido entrar una orden contra used sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en 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 DIRECClON SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSITANClA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., Plaintiff NO. ~:~-- ~l~.~'~ VS. CIVIL ACTION - LAW SHARON ABAYASEKARA Defendant COMPLAINT AND NOW, comes the Plaintiff, by and through its attorneys, Amy F. Wolfson, Esquire, and the/aw firm of Wolpoff & Abramson, L.L.P., 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, SHARON ABAYASEKARA, is an adult individual with a last known address of 17 Round Hill Road, Camp Hill, Cumberland County, PA 17011. 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 $3,518.55. 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, L.L.P. 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 is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, MBNA AMERICA BANK, N.A., respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant, SHARON ABAYASEKARA, in the amount of $3,518.55, plus costs of this action and such other relief as the Court deems proper and just. Respectfully subr~tted, . WOLPOFF & ABRAMSON, L.LP. 267 East Market Street 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, NA., 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. WOLPOFF & ABRANISON, L.L.P. 267 East Market Street York, PA 17403 (717) 846-1252 ID No. 87062 Attorney for Plaintiff EXHIBIT "A" AGMT 90 EXHIBIT ALL-~TATE~ INTERNATIOIVAL Your Contract Witf~ Us Your Credit Ca rd Ai[re~ment with us consists ut these Additional Terms and ConditiOns and the document ca/le~ the Required Federal Disclosures or the initial Disclosure. You al~ree to the terms and conditions ol this AtFeemsnt. Fat ~he pu~ose o~ ~he P~vac~ No(ic~, we will use ~he de~initi contained in ~he ~hird paragraph o~ ~he P~v~cF Hottc~. For' ~he remainder o~ the ~ree~en~. ~e will use the de~iniUon described under the se~i0n headIn~ Words U~d Often PrivacF NotJc~ Your p~va~ is lmpomnt to us: At MBNA, we are committed to provJdin~ you with the finest ~Jnandal produ~s and se~ices backed by consistently top.qual se~ice. And while intomation about you is fundamen~ to our abJII~ to dc this. we fully r~ognize the imp0~ar o~ keeping personal and ac~unt )~fo~aUon secure. ~o offer you the widest mn~e o~ produ~ and se~ic{ MBNA may share )nfomaUon about you bo~ w~thin MBNA and dutside o[ ~BNA ~ith other companies. This allows us to offer you producs and se~ices ~ay )~teresr you an~est meet your n~ds. whether they are available diremiy'~rom MBNA or through Ou~ reiationsh'ips with other, companies. We want you to undemtahd our inIo~atidn,.~fegua?ds what info--att( we col ~. what in[o~atlb~ sha'~, and the bene~ ~u receive when we share,lnIomat)on about you. This notice describes t~.Pgva~ prd~lces Co~oration 7nd all ~48NA affiliates, including ~edca Bank, N.A.. MBNA ~erlca.( DelawareJ,. N~., Palladian Travel Semlces. Inc:. ~B. HA Hallmark Information Semices, Inc., MB~A Market rig. Systems, nc.. and MBNA In~d~ande ~g~EO;' Inf.'/~ll~lvely. 'MBNA"). for financial produms and semices governe~ by the laws of the Unlt~ States ut America. This noUce explains MBNA's lntormatl0n collation and sharing pramices an~ )ets you choose whether or not M~NA may share ce~ajn Intormatlon a~ut you. eith. within MBNA or ou~ide ut MBNA w[{h other mmpanie O~r Secufl~ Procedures= MBNA understands the impo~ance of pmtemlng and ~e~.rlng Information an using it approprlatel7. Accel.to ,lntomatlon about yc is restri~ed to the p~ple of MBNA who require pm~de produ~ or se~ices to you, ~e maintain physio elemronlc, and promdutal safeguards that:comply wit federal standa~s for the securl~.o[ Information. When MBNA shares infomatlon'about you with companies outside ut MBN~ we require them to . Impose sa~eguaffis, use it only tot a peri.ed pu~os, and to return it to us or des~oy it.once that pu~e i se~d. We limit the amount oHnfo~aUon shared to what is appropriate to offer a pmdum or semite ~i- clentJy, MBHA requires any company.remiving infor- mation from M8HA to sign a ConfldenUall~ ~reeme) containin~ these requirements and obllgatin~ that co~pany to prote~ the intomation as we would. Information We Collect: /viBNA collects and uses nonpublic personal information about you to cond our business and !o consistently deliver the top-qu~ Customer service you expect from us. Sources of ti information include the following: . information we receive from you on applications and other forms or through your correspondence o~ communication with us including through the mail, by telephone, or over the Internet: · Information we receive from third pardes, such a: consumer reporting agencies, to verify statements you've made to us. or regarding your employment, credit, or other relationships; and · information about your transactions with MBNA with other companies outside o[ MBNA. Information We Share Within MBNA: We may shat, of the information we collect about you with ~inandal s ice companies within NIBNA to offer additional product services that may interest you and best meet your need We believe this is convenient for you and maysaveyou bud, E,, .= =,id ,,,,~,~y. To do so, we sham idcntificXia~ information (such as name and address), transaction a experience information (such as purchases and payme credit eligibility information (such as credit reports ant applications), and other Information. The decision 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 o;'~.,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 MBNA to ~ you their products and services that'may interest ym These products and services may be offered by flnan service providers (such as banks, loan brokers, acco[ aggregators, insurance agents, insurance companies moagage bankers, and securities broker-dealem), by r finandal companies (such as retailers, direct markets: communications companies, Interest s~rvi~e pmvid, manufacturers, service companies, travel agents, cru lines, car rent. a[ agendas, hotels, airlines, publishers and organizations endorsing MBNA financial pmdu or services), and others (such as nonprofit organizerS 5ubiect to applicable [aw, we may share ail the info tion we collect with these companies outside o[ 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 iaint reatketin~ agreements. ~ are also permitted by law to share information abe you with other companies in certain circumstance For instance, we may sham all of the information ' collect with companies assisting us in servicing yc loan or account, with companies that endorse our products and services through alfinlty a~reements with government entities in response to.subpoenas or regulatory requirements, and with consumer agencies~ If you tell us not to share information wlth 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 telJ us nat to share credit e[i~[b[lit~ information within MONA, 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. Ir'you wish to opt out of such information sharin~[, please call toll-free 1-866-7~I-125~. We will ask you to verify your identity and ihe specific accounts to which the opt out applies, so please have all your account, membership, or reference numbers and your Social Security number or. Taxpayer Identification'number for deposit accounts avail:bio w. hen 7ou cell. MBNA aDP les opt ours.at tli~ accb'unt eve, not by indivfdual Customer. When ar~y-person.~listed with others an an account opts out '(for example; a'eb-applicant, ioint account'holder, or authbdzed iiser), wa'w/Il 'll~t the entire account as having opted out. MBNA will continue to adhere to its disclosed.pri~acy~practices focaa acoount even f t becomes tnact ve or,i~'cl~ed, " An opt out fro_5 infom~ation sharing on an account as described above, 'either withln" NIBNA arid/or with companies oul~side of~MBNA, remains effective unless revoked in writing. Federal regulations require us'to'.. provide this notice on an annual b~sis,'whether or not an account has previously opted out from either type ofinl'ormatian sharing, Please remember ~vhen you receive our subsequent notices that an account previously opted out from either or both types 9f information sharing land not revoked in writing) does not need to be opted out again. ?his notice u. pdates and replaces any previous notices from M'BNA about the privacy, securitT, and protection of information. For additional in~'ormation regarding MBNA's'privacy:pract~ees :concerning the latimer, and to view'the most' recent version o[this privacy notice, plepse go to y,,ww.mbna.corh and click on "Privacy Notice." You may have other privacy pro- tections under state laws.' We may amend this privacy notice at any ti me, and we will Inforn:~ you .al~ changes as required by law. Words Us~at O~t¢h ~ "Agreement" or "Credit Card Agre~r~ent' means these Additional Terms and C6ndirions anci,.the Required Federal Disclosures [or the Initial Disclosur~)"~nd any chan~es we make to those documents from lime to ~ime. "You" and "your' mean each and all oi the persona who are ~ranted, accept or use an account we hold. "You and "your' also mean any other person who has guaranteed payment this account, when used in the sections entlUed, Ws J Monitor and Record Tdtp~ons Ca//s, and Arbiir~tian and Liti this account (Your Prom~ to Pay. and H~ ~ ~lo~ae~ Y~ Pa~m~n~, ~or example}. "we.~ "us.'."our" and "M ~NA Amadca' mean M~NA America ~a~k. ~Card~ means all the credl~ card~ we issue to you ~ any other person with autho~l:ation Jar us~ on thie acc ff we use a cap[taiJzed term in this document but we define the term in thfs documenL the term has the me~ ~iven in ~he ~equJred Federal Disclosures or ~he Disclosure, or as used in your monthly statement. We use semion head[nCs (such as, Wo~ Usd 0~ ~ ~r~,~O to oY~anJze [hls ~reemem. The a~ual te~s a~ ~reemem are in the sentences that ~o[Iow and not ~he Si~n Your ~rd We May Monier and Re~rd Te~hone C nf~lMte~, or ~ ~ark~g associates to mon]tor ancot Credit RepoSing Agencies ~au. Including ~edl~ ~po~ ~om consumer re~lng If you believe we have ~rnished in;ccumte or i~comp] a(e~, write us at: MBNA, Credit Re~[ng AsencJes, EC B~ 170)4, WiJmJn~on, DE i9884-70)4. P[ease inc)ude y How to Use Your ~count You may obtain credit in the fo~ of Purchases and Ca or other credit device. Please refer to your R~uir~ Fed obtain them. .Transa~on Da~ ~or ~n ~ ~va~ The transaction date for Che~ Cash Advanc~ and Transfers done by ~e~ Is the da~e ~u or ~e pecan to whom the check is made pebble tim~ deposits or ~shes ' check. ~e transaction date for m returned payment (a Cash Advance) is ~he date ~a~ the co~espondin~ pa~e~ Purposes [or Using Your You may use your accoun~ ~or pemona[, family, or house) this or any o~her credit accoun~ with us. You may not use pe~it your account to be used ~o make any )lle~a) Persons Using Your Account If you permit any person to use your card. access checks, account number, or other credit device with the authorization to obtain credit on your account, you may be liable for all transactions made by that person including transactions for · which you may not have intended to bo liable even if the amount of those tranaacUons causes your credit limit to be exceeded. ~ Authorized users of this account may have tho same access to in/ormadon about the account and its users as the . account holders. Holy You May Stop Payment on a?l Access Chech You may request e stqp payment on an access chock 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 Ma~l Not Postdate an Access Chec~ You may not issue a postdated access check on your account. If you do postdate an access check, we may elect to honor [[ upcm presentment or re~urn ~t unpaid to the person that presented it to us for payment, without in either case waiting for the date shown on the access check. ~e 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 tc :say us a~ the amounts ot'~inance char{es, Ieee, a.nd any other transactions we ~ar£e 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 aft'ecl your obligation to make the next Total Minimum Payment Due. If you overpay or'if there is a credit balance on ),our account, we wit[ not poy Interest on such amounts. We will relect payments that are not drawn in U.S. dollars and those drawn on a financial instituUon located outside of the United States. Payment of your Total Minimum Payment Due may npt avoid the assessment of Overlimit Fees. When Your Payment Will .Be. Cr~edited to Y~ A~count We credit payments as of the date received, if the payment Is: (Il received by 2 p.m, (Eastern llmeJ;.[2) received at the address shown In the upper leE-hand comer of the front of your monthly statement; (3) paid with a check drawn in U.S. del)ars on a U.S. financier) institution ora U.S. dollar money order: and {4) sent in the return envelope with only the top portion et your'statement accompanying it. PaTients received aP(er 2 p.m. on any day including the pay,merit Due Date, but that other,vise meet the above requirements, will be credited as of the next day. Credit fqreny other payments may be delayed up to rive days. . . . How We Allocate Your Payments We will allocate your payments in the manner we determine. lincluding new transactlonsl with lower APRa be~re. 10alam, with higher Al=Rs. This will result in new balances with a lower APR {e.g., those with promotional APR oilers) being paid be[ore any other existing balances. Promise to PaF Applies to Al/Persons All persons who initially or subsequently request, accep~ responsible ~or any tota~ au~standin~ balance. We may ~eft ~o release [rom Iiablil~ any pemon who is responsible to p any ro~a) ootstandin~ balance, until aH o~ ~he cards, access checks, and other credit devices outstandin~ under the Dei~ult You will be in defau{t oi ibis ~reemen~ if: { ]) you iai] to make an~ required To~al Minimum Paymen~ Due by its Payme Sue Da:e {2} your ~o~al ou~stand[nt baJance exceeds,your cr~lt limit: or (3] you iai! ~o abide by any other ~e~ of ~his ~reemenL S~lely for ~he pu~os~ of dete~nlnt ellgibili~ anco pu~hased through MBNA, you wilI be d~m~.in ddaul or delinquent if ~u Jail to make a ~en: within g0 d~ o~ your Payment Due Date. Our {aiIure tq ~e~ any of our exercise those rights upon later ddault. When We May Require lmmedia~ Pomme If you are in de~ault we ~n mqulre immolate ~ymenr of your ~otal c~.,[stand[~t balance and. ~nless prohibited by applicable la,and ~Cept as orhe~ise pmvlded unS~r ~he ~bitration and Litigation se~on oi this Agree~eht. we ~n also require you to pay the costa we In~r i~ any col.[~on. Ot~er payment Terms with any restrl~lve writin~ without losln~ any o~ our fi~hts under this Agreement. This means that no pa~ent, indud those marked with "Paid in full' or with any other restfl¢lve not use a postdat~ ~e~ to make a paymenL If ~u da po~ merit or return it uno. Ired to the ~man ~hat presented I' check. We are not liable to you for any I~ss or expense' . Incuned by you arising out of t~e a~ion we ele~ to take. Payment Holidays payment. We ~ill notl~ you ~hen this option is available. If you omi~ a payment. ~nanca ~arles and any applicable Payment Due ea~ month .[ollowin~ a payment holiday. Transacffons Made Jn Foreign Currend~ lien will be conve~ed by Visa [n~emarional or ~aste~ard 6 dollar amount in accordance with the operating regulations or. conversion procedures in effect at the time that the transaction is processed. Currently. those retlulationa and procedures provide that ~he cur;eno/conversion cate to .be used is either (Ii a wholesale market rate or (2} a ~ovemmen~-mandated In effect one day prior to the pracassin~ date, increased by one date may dii~er fr~m ~he ~e in dfec~ on [he ~ransa~on or the posCin~ da~e. ~illing C~cle Your billing ~de ends each month on a C~sin~ Da~e de~ermined by us,. Each b~ilint ~cle betins on the day the Closin~ Dat~'o~.the previous billing ~de, [~ch refiecca ~ single billint ~cle. ' A~count .Fees"a~ Cfiar~es ' ":"" as Purchases in ~he billing ~ in.whi~ the f~ a~: ' ( I )~ .Late Fee if the Total Minimum Payment Due shown on your monthly ~ate~cnt ic not ~c~vcd b~a~n or ~e Payment Due. Dat~- :. · (2} an OverHmR Fee if'your Ne~, Balance Woeal ex~eds ~our credff limit on the l~st day of e billing ~cle. ~en if fe~ ~nance char~e$ ch'~r~e&by,:ui ~us} your Ne~ a~ anco to ~c~ your cedlt limit: an ~Jlmlt Fee Is cha~ed to your ac~unt as of the deyJn the bJllin~ ~de that ~ur total out- {~} a Returned Pay~e~}:Fie:if a payment on'your gccount (4} a Returned Cash ~d~fice ~h<k ~ee if we Serum an access upon subsequent ~res~ent; ' slx aales dra~s wll~ be provided ~or flee; and accoun~ balance, whether, yo~ haye a~lve c~ar~i~ priWJeSes, A~andoned Prope~ ~arg~: unles~ prohibited by appii~ble law, we wt[{ charge your account, as a Pu?chase. for any cos~' in~ed by us associated'with ~mpI~ng with ~te abandone~ pro~ laws. , · . Please review you~ R&qulred Federal ~isclo~res or Initial'' Disclosure for additional fees and char~es, thet may apply We may offer you ~i~ bend,s and so,Ices With ~ur a~ount. Units expressly made a pa~ of this Aimemen[ any su~= bene~ or se~i~s ~m not'i peR'of this ~mment. but are subi~ to the te~s and restri~tons outlined ia the benefl~ bro~ure and other o~etal do~men~ pm~d~ to ~u ~m time to time by or 0n beha f o~ MBNA'~ed~ We may ad[us~ add. or delete, befiefJts and se~ices at 'any time and without ' notice to you. ReMsal to Honor Your Account * any retention of your card by us, any other bank, or. any provider of goods or services. We blaF Suspend or Close Your Accour, We may suspend or dose your account or other,vise t~ nato your right to use your account. We may do this at a time and for any reason. Your obli~aUons under this Agreement continue even attar we have done this. You r destroy all cards, access checks or other credit devlcas'o~ account when we request. You May Close Your Account You may cloae your account by notifying us in.writing telephone, and destroying all cards, access checks or otb credit device~ on the account. Your cbliga.Uons under thi Agreement continue even s~ter'yau h~ve.dpne this. Transactions After.Your Account ls Cio: When your account is closed, you must contact anyone authorized to charge transactions to your account, such as internet service providers, health dubs or insurance comp~ These transactions may continue' to be charged'io your nerr~t~nr until you charme the bt)line. Also, If we believe have authorized a transaction or are attempting to use y. account s~ter you have requested to dose the account. ,~ may allow the transaction to be charged to.your account We May Amend This Agreement We may amend this Agreement at any Uae. We may amend it by adding, deleting, or'changing provisions of I ^greement. When we amend this A~raemant we will car with the aF~!lcable ,~otice requ[rements of federal and. Delaware la,V that ara in effect at that. time, If an amend gives you the oppoctunRy to.raiect the oho'nee, and if you the change in the manner provided in such amendment. ~ may terminate yo~Jr right to receive credit and may ask y return all credit devices as a coddltlon of your rejection. amended Agreement (including any higher rate or other ] charges or fees) will apply to the total outstanding baler including the bslance existing before the amendment bec. an effecUve. We may replace your card with another card at an: We May Sell Your Account We may at any time. and without notice to you. sail, s or transfer your account, any sums due on your account, ~,greement. or our right~ or obligations under your acco~ this Agreement to any person ar enUty. The person or e to whom we make any such sale. assignment or transfer be entitled, to all of our rights and/or obligations under I Agreement. to the extent sold, assigned or transferred. Your Credit Limit Your credit limit is disclosed to you when you receive card and, generally, on each monthly statement. We ma change your credit limit ~'ram time to tithe, The amount shown on your monthly statement as Ca Credit Available doea nat take into account any Purchas Cash Advances, finance charges, fees, any other ttanaa~ or credits which post to your account a~cer the Closing £ of that monthly statement. Such transacUons could re= your credit limit being exceeded and result In the asses: of Overlimit Fees. Who! We May DO ii You Attempt to Exceed Your Credit Limit The total outstanding balance on your account plus authorizations at any time must not be more than.your cxedlt limit. If you at:erupt a transaction which results in your total ou~s[andin~ balance (p[~s authorizations) exceeding your credit limit, we may: (1) permit th~ transom[an without raising your credi~ limit; (2) permi~ the transa~lon and treat ~he amoun~ of the transa~lon that is more than [he credit as immediately due: or (3) refuse to pe~it the If we re,use ~o permit the ~ransacion, we may advise p~tson who at[erupted the transaction tha~ K has been re~used. Ii w~ re,use to p~it a Check Cash 3~vance or Balance Trans~er. we may do so by advising the person presenting Check Cash Advance or Balance Transfer that ~edI~ has been re~used, tha~ th6re are insufficient funds to pay ~he Che~ f we have prey ous y pe~ ~ed you ~ ~caed ~u~ c~ ~ IimiL it da~ no~ mean ~ha~ we will pe~it you to ~ce~ ~ur limit again, tf we deci~e to pe~J~ ~u to ~ceed ypur ~lt we may ~arEe an O~rl mi~ Fee as pray d~ in ~is ~menL Unmtt~e of Yo.r Please not[~ us immediately o~ ~he loss, the~, or unauthorized[USe of ybur account at t-S00-42 I-2~ You Must Noti~ Us W~en You C~an~e Wur A~drbss ~e strive ~o keep acetate mco~ ~r your bene~ and The po~ o~ce and o~hem may noti~ us of a change to your address. ~hen ~u ~an~ your addr~, ~u mu~ noti~ us promptly of your ;,~ address. This ~reement is made In Delawa~ and we ~tend ~edit to ~u ~rom Delaware. This ~reemen: is govem~ by ~aws o~ the State o[ Delaware (withou~ regard to its con~i~ laws principles} and by any appli~ble [~eral laws. The Provisions o[ TRig Agreement are Severable I~ any provision.o~ this ~reement is tound to be in~[id. the remaining provisions will continue to be Our Ri9~ .Continue Our ~allute or delay'in exercising any o~ our rights under this ~r~ment does no: mean that we are unable to ~e~se those Hghts la:er. Arbltratlon,and Litlgatlon This ~bitmtion and Litigation pm~sion applies to ~u unless you were gNen the oppo~uni~ to re~e~ the ~i~ation and Litigation provisions and you did so m~e~ them In the manner and time~rame rehuimd. I[ ~u did mi~ effe~vety such a p~vision, you agreed ~hat any litigation brought by you against us regaling this a~oun~ or this ~mement s~ll be brought In a court lo.ted in the State o[ Delaware. Any claim or dispute i'Claim'} ~ either you or us a~aJ the o~he~, or against the employees, agents or assigns of ~he other, arising from or relating in any way :o this ~r~ment or any prior ~reement or your account (whether under a damages, penalties or declarato~ or ~uitable mile,, including Claims re~srdin~ the applicability of this Arbitration and Litigation Section or the validity of the entire Agreement o a ny prior Agreement. shah be resolved by binding arbiI:rati. The arb[tratfon sha[I be conduced by the Nafiona] Arbitrat Forum I"NAF'). under the Code of Procedure in effect at the ti the Claim is fi[ad. Rules and forms of.the National Arbitratio~ Forum may be obtained and Claims may be filed at any. Natic Arbitration Forum ofiics, wr~/.arb-forum.c~m, or RO. Box 501 Minneapolis. Minnesota ~403. tslaphons 1-800-~74-2371. NAF is unable or unwi]lin~ to act as arbitrator, we may s01 stitute another nationally reco~nizad, independen~ erbitra~ organization.that us~s a similar code o[ pint, dura. At you written r~qu.st, we will advanc~ any arbitration [ilin~ admin[s[ra[iv~ and hearin~ ~eas which you ar~ r~quired to pay ~o pursue a Claim in arbi~raUon. The arbi[ra~or d~cid~ who wilJ 5e ulfimat~ly responsible ~or payin~ those fees. In no even~ will you be required to m~mbum~ us [~r arbitration filing, administrative or hearin8 fe~s in an amo~ ~r~ater than what your ~u~ costs would have be~n i~ C~im had been resolved In a sta~e cou~ wl~ ]u~sdi~lan. Any arbitration hearin8 at which you appe~r~w[l~ tak~ pl~ce within ~he ~dera[ judicial diStri~ that I~qludes your b[I address at the tlme the Claim is ~i[ed. This arbitration a~r~ ~mmerc~ and shall b~ ~ovem~d by ~he Federal A~bit~t A~. 9 U.5.C. ~ 1-16 ("F~'). tud~med( upon an~ arbi~retlc award may be enter~ in any cou~ ha~n~ iufisdi~lon. arbi(~tor shall [oilow ~istin~ s~bs~n~ive ]a~ ~ ~e consistent with the F~ and applicable statutes o[ limits[loP and shall honor any claims or pdvileB~ ~o~niz~'by law. pa~ requ~ts, the arbi~tor shall write an oplnion.containh the reasons for ~he awaY. Ho Claim s ~mi~ea :~ arbitration Is heard .by a ~u~ no Claim may be brou~h~ as a class action or as a private attorney ~eneraL You do ~ot have the d~h~ ~o a~ as a da representative or pa~icipa~e as a member ~[ a class o[ claimants with respe~ to any Claim. This Arbitration and Litigation Se~ion app]l~ to all Claims now in existence o that may arise in the ~tura. This Arbitration and Litigation 5e~on shall su~ive the payment, o[ the debt in full by you. any bankmpt~ by yeu sale of the debt by us. For the purposes of this Arbitration and ~itigation "we' and "us" means MBHA Ameri~ Bank. N.A.. its parent subsidiaries, a~ffiiates, licensees, predecessors, successor~ assigns, and any purchaser o[ your accou,t~and all o~ thai officers, directom, employees, a~ents a~d assigns or any a all o~ them. Additionally.' 'we" or "~s" shall mean any thirc pa~ previdln~ benefits, se~tces, or products in connectic with the account (including but nat limited to credit bute~ merchants that accept any credit de,ce issu~ u~der the ac~unt, rewards or enrollment se~ic~, c~it'insurance companies, debt collemors and all o~ their officers, dir~tc employe~ and a~ents) If. and only ii, such a third pa~ named by you ~s a co-defendant In any Claim you asseR a6ainst I~ any pa'~ of this Arbitration and Liti~atlon SeXton found to be invalid or unenforceable under any law or consistent with the F~, the remainder of ~is Arbitration Litigation Section shall be enfo~eable without, regard to invalidi~ ar unenforceability. THE RESULT OF THIS ARBIT~TION AGREEMENT EXCEPT AS PROVIDED ABOVE. C~IMS ~NNOT BE LITI GATED IN COURT. INCLUDING SOME C~IMS THAT COU 10 IA$ PRIVATE ATTORNEY GENERAL ACTIONS. iCREDIT INSURANCE BENEFITS, !LIMITATIONS, COSTS & EXCLUSIONS !CON$,UMER PROTECTION,D SCLOSURE$ · ~CRED T NSURANCE IS: NOTA DEPO~IT;"NOT FDIC- :INSURED; NO~ INSURED BY A~ FEDE~ GO~RNMEN~ ~AGEN~;.~D NqT GU~EED BY THE B~K ~ PURC~SE'OF CREDI~ ]NSU~ IS NOT. A CONDITION ~OF OBTAINING CREDIT. IF CO~GE IS DESIRED. IT . ~Y BE PURCHASED E~EWHE~. ] Credit ]nsur'ance pays your minimum month y p~yment' ~ up to your balance on the ~a~e of loss (not to exceed S25.000. ] except disabiliu in MN). until ~ou return to work'* if you are ~ involuntarily unemployed. ~oeallv disable~, or if you or your [s~ouse takes covered family I~ave: Cr6dit Insumhce also p~ys your insured ou~standin~'b~lanc~ up to th~ least of your I outstanding balance, your cred t I m t (not AL. ~. AR. ~C. ID. IL. IA. ~. MD. MN. MS. ~. ND. OH. OK. iWA. ~ G ~L or S2~.000 If ~ou die. ' ' - { ~ One insured per account [insu~d muSt'be the' eligible), under age 66 (70 tn ~'. NV & Vk 71 I~ ~.' G~' MO & OK; 72 i n NM]. Your coverage ends at these same ~ges [.(exce~ famil~ leave in ~..FL & SD & unemplo~ent]. When t.enrolled, cenifico~es will be mailed explainin~ ~bur J& effeClve date. In MN. unemployment coverage Is ~ 61 da~s ~rom your ce~lfl~e effe~lve ~te. For un~lo~ent or family leave benefits, you must be ~ainfully ~m~o~e~ ' wor~ng a~ e~st 30 h~wk (not se ~,empl~d or an }'mn~ra~or] for 90 co ~cutiv~.:~ays before the ~te of oss ' )'(CO - before ~pplica~lofi date). [PA - on ~he da~e of IossL t {~ ' before coverage effe~iv~ da~e'for unemployment I. ~Emptoyees of professional co~omdons mai be eligible. ' ~w~ & B~nefl~ Credlt'lnsumncecovem:your death: involun~U unemp o~en~ due to'lob loss. } strike, unionized labor dispute; or IO~kout:'~o~al di~bili~ due I to sickness or inluU 11 you are unable ~o ~efform the material & substantial duties, oi your job Ior any lob skor 12 mos. PA;' 18 mos. in AL. ~. AR. ~. DE. DQ GA. HI. ID. IL. IA. ~ ~. MD. MN. ~S. NV.;NJ..ND. OH. OK. R1. SD. TN. ~. WA. ~. l Wl & ~): your or your spouse's unpaid leave of a~ence from employment due to ~m of ~ur n~m or newly adopted child or an in~padtat~ immediate family member(must be ] spouse, child. ~epchild or parent in ~): ~ndato~ m~l[ ~ active milimu duW: ju~ du~ (~cept in AK); or r~idence i a federally declared disaster.area. Loss (not death]must I continue at least 30 days befdre benefits begin. In NY. for~. ~ strikes,, unionized labor disputes & lockouts, you. must be. ~ unemployed for 7 consecutive weeks & qua[i~ for state unem- ~ plbyment benefits before behests be~in. A daily benefit is ~ paid'for each day of loss over 30 days [0r unemplo~ent : NY &PA, and disability In ~, ~. GA NY ML PA, RI & SC. ~ You may ~ncel this coverage at any time. ff ~nceled within ~ the fir~ 30 days of coverage, all premiums ~ll ~ r~nd~. L [~clusions= Life: su c de Id the fi~ 6 months:.of.coyerage [ InOt MD & MO, tn~luntaff U~employment: ~tf~ment. i resignation, volunta~ forfeiture of income or lob loss ~ue ~ ~illfu[ or criminal misconduct, di~bili~, ~fikes In 'IL.' :discha~e in NY ~ normal seasonal unemplo~ent ln~. ; Disabiltw: no~al pregnanw or childbi~h (not ~ MA & NV. ; intentionally self-inflicted injuries (not MD). or a preexisting [ medi~l condition during first 6 months o~ ~verage (not NI). Family leave benefits are not paid If you are ¢li{Ible for or raceiv~n{ unemployment benefits or are dlsablad. This is only a brief.description of covera{e, and covera{[~ vary by state. Pleas~ refer t? your ¢er~ificates ~=ra expJanet~on of covera{e. Costs oer ~IO0 vet Month of Averse Dally Cos~ ~pply to Li~e (L). D~bility {D). Unemp[oymen~ Family beave (F): AL f4.5~; AK 78c; ~ gg. gc; AE ~9c; 89.9c; CO ~0.6~c; CT 42.8gc;.~ g9.~c; DC gg.~c: FL 8~c; ~0.8c; HI 89.gi¢; ID 9g.5c {L 8;6c, D J6.gc, U ~4~, F 20c 85.47c: KY ~7.4c; ~ 99.93c: ME53.0~C;'MD 79.74c; MA [~.7c MI 8~.7c; MN ~ ~.47c; M~ 9~.~¢: MO 5i.1¢; MT 93.gc: 9~.8c; NV 9¢.87¢; NH ~5c; NJ 97¢: NM ~8.9¢: NY 52.5c D 26.8c. U 16.9cj: NC 7I.~; ND g4.97¢: OH 99.9c: OK 97.47c; O~ 80.8c; PA 38.1c; PR 99~} RI 99.8c: SC 78.8c; SD 9~.~c; 9~.5C; ~ ~3.7c (L 4.8c, D 12.~¢, U J6¢]: UT 90,44¢; ~ 34.92c {L 6.68c, D 12.~4c, F [6C); VA a4C {L 6.1 c, D ~.9¢, U 49C, F 2~C1: WA 89.3gC: ~ 99.5c: WI 93.~c (L ~.7C, D &.9C, U 20c~ D ~ 99.7c. Availabill~: Involunta~ Unemployment is not MA or ~, Family Leave is not a~ilable in AL, ~, ~, ~D. MN, NM, NY, P~ or ~. Unde~fltin~ Comaanle~ell~ Involunta~ Unemployment: American Se~Ol(~/8~), LOI ~ LOI ~H 1~9), LOIC-IP-KS(~), LOIC.IP-C~-~E(~/8~) and LOIC-IP; Standard Guamn~O LOI (~) {NH only]. Lige S Disabiliw: Union SecuHW LJ~-I-L L-~ In AR, DE, DC, ID, IL. ~. KS. ~. MD, MN. MS, N~ ND, OH. OK, Rh SD, ~,.WA. ~ ~ ~: Standard GuamnW UEe (~ on~y~ L-I-Z(8~2)(3.53~), Flint Fo~is Life (NY Life 0nly~Y~M001 ~er~n 5ecurl~ (NY DlsablllW onlyJ~-S-~ Fo~ls Insurance (ME ¢ ~Jy~-X,~. FamllyLeave: ~eH~n ~ecuHw~LP (4/97). FLP-F~(I~?) In ~, FLP-NC (~8) ~n NC, FLP-OK[4~?) In OK, ~P-V~8) in VA, ~-1P(~)(7~8) in (4~9) i~ ME; FL-IP-~(4/97) In ~; S~an~ (~?) I~ NH; Union S~u~ ~f~LP-~(~?) in ~ a{en~ for Mississippi and Radda am Chades M. Gordon and Pamela Cu~ls respe~ively. The creditor may receive compensation in connexion this dfer. I~ is a crime to provide false or m~slea~in~ fnformation to an Insult for [he pu~ase of def~udln~ the insurer or any other pemon. Penaltt~ include Imprisonm~t an~or tines. In addison an Insurer may deny Insurance benefits if ~lse info.orlon materially related to a datm ~as provided by the appfi~nt. *Less past due and over ~edit Ilmit amounts. In MI, ewer. aee pays ~% of the bahnce on your date of dlsab~llW up SI2D0. In OR, coverate pa~ the.greater d l~6th of the anco or the current minimum payment due on your date o~ loss. In NY ~ PA, covemee ~ys the minimum payment due an you r date of lose. In ~, ~vemee pa~s the ~eater of your insured outs~ndine balance on your data of unemploy- ment or your minimum monthly payment. * *~e number o~ monthly beheer ~en~ will no~ ~m~ 9 for family leave; I 2 for unemplo~ent In ~ A~ ~, IL, MO. NM, NC, NY. PA, SC ~ ~ i2 for disabllt~ ~n ~ CO, ~ ~ ~, MO, MT. NE. NH, NM, NC. OR, S~ ~ ~V~ ~, HI ~ ~ R~iden~ Only~ To pu~ase mvemg~ sepam~eh w~te ro ~sumnc Group, R O. Box ~03~5, Afian~ ~ 30302. Appli~tions will be sam Co ~u. EXHIBIT "B" MBNA America Bank, N.A. c/o Wolpoff & Abmmson, L.L.P. Attorneys in the Practice of Debt Collection 702 King Farm Bird, Two Irving, ton Centre Rockville, MD 20850-5775 CLAIMANT{s), RE: Sharon Abayasekara 17 Round Hill Rd CAMP HILL, PA 170112636 NATIONAL ARBITRATION FORUM ~ AWAI~I) MBNA America Bank, N.A. v Sharon Abayasekara File Number: FA0312000219576 Claimant File Number: 5329031119014189 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: I. That no known conflict of interest exists. 2. That on or before 12/11/2003 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 thc Respondent in accordance with Rule 6. 4. That the matler has proceeded in accord with the applicable Forum Code of lh'ocedure. 5. The Parties have had the opportun/ty to present all evidence and informal/on to the Arbitrator. 6. That the Arbitrator has rcv/ewed all evidence and information submitted in this case. 7. That the information and evidence submitted supports the issuance of an Award as stated. Therefore, the Arbitrator ISSUES: An Award in favor of the Claimant, for a total araounl of $3,518.55. Entered in the State of Pemasylvania Date: 03/30/2004 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 part/es at the above referenced addresses on this date. Honorable Harold Kalina, Ret. Director of Arbitra tlon 03/30/2004 SHERIFF'S CASE NO: 2004-02859 p COMMONWEALTH OF PENNSYLV~LMIA: COUNTY OF CUMBERLAND MBNA AMERICA BANK NA VS ABAYASEKARA SHARON RETURN - REGULAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ABAYASEKARA SHARONthe DEFENDANT , at 2045:00 HOURS, at 17 ROUND HILL ROAD on the 23rd day of June , 2 o o___! CAMP HILL, PA 17011 DILIP ABAYASEKARA, HUSBAND by handing to 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 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this ~/~ day of r,,2 (,z;3 ~/ A.D. ~othonotary ' ' So Answers: R. Thomas Kline 06/24/2004 WOLPOFF & ABP~AMSK~N De~phty Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff VS. SHARON ABAYASEKARA 17 ROUND HILL RD CAMP HILL PA 17011-2636 Defendant (s) 042859 PRAECIPE TO SETTLE AND SATISFY PLEASE MARK THE JUDGMENT IN THE ABOVE-ENTITLED CAUSE AS PAID AND SATISFIED. Respectfully submitted, By: A~y'~F. Doyle #87062 Daniel F. Wolfson #20617 Bruce H. Cherkis #18837 Philip C. Warholic #86341 WOLPOFF & ABR~SON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Plaintiff cc: PLAINTIFF DEFENDANT 07/29/04 PAPR2/PA176A W&A FILE NO. 112436154