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HomeMy WebLinkAbout04-3289472290 THE COURT OF COMMON PLEAS OF CUMBERLAND MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 NO. - $2?? COUNTY, PENNSYLVANIA Plaintiff VS. PAT DETTLING 44 COUNTRY VIEW EST NEWVILLE PA 17241-8706 : CIVIL ACTION - LAW Defendant(s) 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 (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing 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 or any other claim or relief requested by the Plaintiff. You may lose money or property rights 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 BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NOTICIA Le han demandado a used en la corte. Si used quarere defensas de esas demandas expuestas en las paginas, siguientes, used tlene viente (20) dias de plazo al partlr de la fecha de lademanda y la notlfiatlon. Used debe presentar una apariencla escrlta o en persona o per abogado y archivar en la corte en forma escrlta sus defensas o sus objeclones a last demandas en corta de su persona. Sea avlsado que si used no se deflenda, la corte tomara medidas y psedldo entrar una orden contra used sin previo avlso o notificacion y per cualquier queja o aliv'~o qu6'es pedido en la petlclon de demanda. Used puede perder dlnero o sus propledades o otros dereches importantes para used, LLEVE ESTA DEMANDA A UN ABODOAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICI0 VAYA EN PERSONA 0 LLAME FOR TELEFON0 A LA OFICINA CUYA DIRECCION SE ENCUENTRA E$CRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSITANCIA LEGAL. Court Administrator Cumberland County Court Hosue 1 Court House Square, 4th Floor Carlisle PA 17013 717-240-6200 CVRNOT/PACCP W&A FILE NO. 106898672 472294 IN THE COURT OF COMMON PLEAS OF CUMBERLAND MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 'WILMINGTON DE 19884-1411 COUNTY, PENNSYLVANIA Plaintiff VS, CIVIL ACTION - LAW PAT DETTLING 44 COUNTRY VIEW EST NEWVILLE PA 17241-8706 : Defendant (s) COMPLAINT Now comes the Plaintiff, MBNA AMERICA BANK, N.A. , by and through its attorneys, and the law firm of Wolpoff & Abramson, L.L.P., and files this Complaint and in support avers as follows: Plaintiff, MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 is a business entity doing business within the Commonwealth of Pennsylvania and the other states of the United States. 2. Defendant, PAT DETTLING , is an adult individual with a last known address of 44 COUNTRY VIEW EST NEWVILLE PA 17241-8706 COUNTY OF CUMBERLAND 3. It is averred that Defendant(s) was/were issued an open end credit card account. The Terms and Conditions governing this account is attached hereto, incorporated herein and marked as Exhibit "A", 4. At all relevant times material hereto, Defendant(s) has/have used said charge card for the purchase of products, goods and/or for obtaining services, SOARB1/PACCP W&A FILE NO. 106898672 472298 5. Plaintiff provided Defendant(s) with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned credit card account to which there was no bona fide objection by Defendant(s). 6. Pursuant to the Agreement concerning this 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 for collection. See Exhibit "A" as previously identified and incorporated herein. 7. This matter was referred to Arbitration for determination and disposition, whereby an Arbitration Award was entered against the Defendant(s) 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". 8. As of the date of this Complaint, the remaining balance due, owing and unpaid on Defendant's credit card account, as a result of charges made by said Defendant(s) and/or any authorized users is the sum of $ 9192.99 9. Despite reasonable and repeated demands for payment, Defendant(s) has/have. failed, refused and continue(s) to refuse to pay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff. 10. 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(s), PAT DETTLING , in the amount of $ 9192.99 plus costs of this action and such other relief as the Court deems proper and just. Respectfully submitted, Philip C. Warholic #86341 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17043 (717) 846-1252 Counsel for Plaintiff SOARB2/PACCP W&A FILE NO. 106898672 472302 ATTORNEY VERIFICATION I hereby state that I am the attorney for the Plaintiff, who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, am authorized to take this verification on behalf of said Plaintiff in this action and verify that the statements made in the foregoing Complaint are true and correct to the best of my 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: Bruce H. Cherkis #18837 Philip C. Warholic #86341 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17043 (717) 846-1252 Counsel for Plaintiff PAVERF/PACCP W&A FILE NO. 106898672 472295 EXHIBIT "A" Credit'.~Card Agreement Additional Terms 'and Conditions · How to 0se Your Account. ........ : .............. 4 · Payments on Your Account ...................... 5 · We Mag Amend This ~reement ............. 8 1. %Vhat Law ~ph~ · Arbitration and Liti ~_,tion ........................ 9 AG Ypur Credit Card Agreement with us consists of these Additional Terms and Conditions and the document calleci thq Requited Federal Disclosures or the Initial Disclosure. Yot)-agree to the terms and conditions of this Agreement. Fo~the purpose of the pri~mc~ Net(r4, we wiU use the definition: coCa(ned in the third paragraph o! the Pdv~cy NoU¢~. For the~remainder of the Agreement. we wi[[ use the definitions described under the section heading W0nts Us~ Ofte~ [~ Privet!/Notice Your privacy is important te us: At MBNA, we are committed to providing you with the finest financial products and services backed by consistently top-qualit'. service. And while information about you is fundamental to our abilit7 to do this, we fully recognLT, e the importano of keeping personal and account information securel To offer you the widest range of products and services, MBNA may share information about you both within MBNA and outside of h4BNA with other companies. This allows us to offer you products and services that may interest you and best meet your needs, whether they are available directly from MBNA or through our relationships with other companies. We want you understand our information saleguards, what [nformatio[ we collect, what information we sham, and the benefits you receive when we share information about:you. This notice describes the pdvacy practices of MBNA Corporation and all MONA affiliates, includin$ ~BNA America Ban),, N.A., MBNA America [Delaware}, Palladian Travel Services, Inc.; MBNA Hallmark information Services, Inc.,'MBNA Marketing Systems, inc., and MBNA insurance Agency. Inc. (collectively. 'MBNA"}. for financial products and services governed by the laws of the United States o! America. This notice explains MBNA's information collection and sharing practices and lets you choose whether or not MBNA may share certain information about you, eithel within MBNA or outside of MBNA with other companies Our Security Procedures: MBNA understands the importance of protecting and securing information and using it appropriately. Access to information about you is restricted to the people of MBNA who require it to provide products or services to you. 'Ne maintain physic, at, electronic, and procedural safeguard= that comply with federal staodards-(or the security of information. When MBNA shares information aboqt you with companies outside of MBNA, we require them to impose safeguards, use it only for a permitted purpose and to return it to us or destroy it once that .purpose is served. We limit the amount of information shared to what is appropriate to offer a product or service effi- ciently. MBNA requires any company receiving infor- mation from MBNA to sign a Confidentiality Agreemen containing these requirements and obligating that company to protect the information as we would. information We Collect: MBNA collects and uses nohpub(ic personal information about you to conduct our business and to consistently deliver the top-quaiitT Customer service you expect from us. Sources of this 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 as 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 and with other companies outside of MBNA. Information We Share Within MBNA: We may share all of the information we collect about you with finandal service companies within MBNA to offer additional products or services that may interest you and best meet your needs. We believe this is convenient for you and may sage you both time and money. To do so, we share identification information (such as name and address), transaction and experience information (such as purchases and payments), credit eligibility information (such as credit repoCcs and applications), and other information. The decision to purchase any such prod- ucts or services is yours alone. You may tell us not to share credit eligibility information about you within MBNA, but please understand this does not prohibit us from offering you additional products and services or from sharing transaction and experience, identification, and other information within MBNA. Information ~/e 5hare With Othem: From time to time, we may allow companies outside of ~BNA to offer you their products and services that may interest you. These products and services may be offered by financial service providers (such as banks, roan brokers, account aggregatora, insurance agents, insurance compames. mortgage bankers, and securities broker-dealers), by nonfinancial companies (such as retailers, direct mar- ketera, communications companies, Internal service providers, manufacturers, service companies, travel agents, cruise lines, car rental agencies, hotels, airlines, pubiishera, and organizations endorsing MBNA financial products Or services), and others (such as nonprofit organizations). Subiect to applicable law, we may share all the information we collect with these cqrnpanies out- side of MBNA. unless you tell us not to. Additionally. we may share all the information we collect with companies that perform marketing or other services on our behalf or to other financial institutions with which we have ia(at marketing agreementS. We are also permitted by (aw to share information about you with other companies in certain circumstances. For instance, we may share ail of the information we collect with companies assisting us in servicing your loan or account, with companies that endorse our 'products and s'e~i~:es through affinity agreements, with government entities in response to subpoenas or 2 regulator/requirements, ~t'4 with consumer reporting agencies, if you tell us not to share information with companies outside of MBNA-that wish to offer you their prgducts and services, as described above, please understand that we wilt continue to share information in these additional circumstances. Important Information About Your Choice: We're dedicated to se~ng your needs - and to respecting your choices related to privacy. You may tell us not to share credit eiigibilit7 information within MBNA. and you may ~:eil us not to share information with companies outside of MBNA that wish to offer you their produc~s and serv- ices as described above. If you wish to apt out of such information sharing, please call toll-free 1-866-751 -125 We will ask you to veri~J your identit7 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 available when ~ou call. MBNA applies opt outs at thc account level, not by individual Customer. When any person listed with others on an account opts out (for example, a co-applicant, ioint account holder, or authorized user), we will list the entire account ss having opted out. MBNA will continue to adhere to its disclosed privacy practices for an accoun( even if it becomes inactive or is dosed. An opt out from information sharing on an account as described above, either within MDNA and/or with companies outside of MBNA. remains effective unless revoked in writing, Federal regulations require us to provide this notice on an annual basis, whether or not an account has previously opted out from either type of information sharing. 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 wdting) does not need to be opted out again. This notice updates and replaces any previous notices from MBNA about the privacy, security, and protection of information. For additional information regarding MBN/~s privacy practices concerning the interest, and to view the most recent version of this privacy notice, please go ta wx~v mbna cam and click on "Privacy Halite." 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 O~en in' ?~tJs Agreement 'Agreement'~ or "Credit Card A~re~ment" means these Additional Terms and Conditions and the Required Federal Disclosures (or the initial Disclosure) and any changes we make to those documents from time to time. 'You' and "your'* mean each and all o[ the persons who are granted, accept, or use an account we hold.."You" and "~our" also mean any other pemon who has guaranteed payment this account, when used in the stations entitled We Mag and R~0rd Ts~p~on~ Calls and A~oitratlon and UtJgation and when used in each of the ,s .e~..!pns relstin~ topayment o[ this account 3 (Your pr0n~i~.~o Pa{/and H0~'~e NIt~u Your Pa~r~nt~, for ~mpie "We." "us." "our". and "MBNA America' mean MBNA America B~nk, N.~ "Card" means aH the credit cards we issue to you and to any other pemon with authod~tion to use this account "Access check" means an access check we provide to you t make a Check Cash Advance on your account. I[ we use a ~pitaliz~ t~rm in this d~ument but do not de[ina the term in this document, the te~ has the meaning given in the Required Federal Disclosures or the initial ~e us~ section headings (such as W~ras Used Often in this Agreement ate In the sentences that follow and not, the Sion Your Card You should sign your card before you use We Mag Monf~r and Re.rd Te~p6one ~ You ~nsem to and authod~ MBNA ~e~, any of its the repr~sentatiws of any o[ those companies. Credit Repo~Jng Agencies You authori~ MBNA ~ed~ to ~lle~ information ~u~ agent, write us at: MBNA, Ct~it Re~i~g ~encJes, P,O. Box 17054. Wilmington. DE 198~-7054. Please i~clude you and exp~ai~ what you ~lleve is inaccurate or incomplete. How to Use Your You may obtain credit in [he fo~ of Purchases and Cash Advances by using your cards, ac~ss check, account num- ~ederal Dtsdosur~ or Initial Di~losum to dem~ine what how you may obtain them. Tran~actlon Da~ ~or ~tn ~ ~van~ The transa~ion date tar Check Cash Advances and Batar Transfers done by check is the dat~ you or the ~rsen to whom the check is made payable fimt deposits or cashes check. The transa~ion date fat a returned payment (which wilt then be classified as a Bank Cash Advance) is the date Purposes tar Usin~ Your You may use your a~ount for ~monat. ~amily, o~ hauseh commerda[ pu~ses, You may net use a Che~ Cash permK your account to be u~ed to mak~ any illegal Pecans Usln~ Your A~ount to obtain cr~[~gn your account, you may be liable ~or a tran~ections:'~de by that ~erson. including transactions for which you may not have intended to be liable, even if the amount 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 · ' provtdin{ us with the access ched~ number, dollar amount, and payee exactly as they appear on the access check. Orsl and written stop payment reduests on an access check are effective for six months from the day. that we place the stop payment. You May Not Postdate an Access Chech You may not issue a postdated access check on your account, if you do postdate an access check, we may e]ect to honor it upon presentment or return [t unpaid to the person who 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, Pa!lments on Your Account You must pay ~ach month at least the Total Minimum Payment Due shown on your monthly statement by your Payment Due Date. You may pay the entire amouht you owe us at any time. Payments modern ahy billing cycle that are greater than the Total Minimum paymeat 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 wi{[ not pay interest on such amounts. We will reiect payments that are not drawn in U.S. dollars and those drawn on financial institutions located outside 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 paymeots as of the date received, if the payment is ( [ I received by 2 p.m. (Eastern Time); (2) received at the address shown in the upper lab-hoed comer of the Iront of your monthly statement; 13] paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. do{lot money order; and (4) sent in the return envelope with.only the top portion of your statement accompanying it. Payments received a~ter 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 balances (including new transactions/ with lower APRs beiore balances with higher APRs, This will result in new balances with lower APEs [such as those.with promotional APR offers) being paid before any other existing balances. Promise to Pa~J Applies to All Persons All persons who inftiaUy or subsequently request, accept, guarantee, or use the account are individually and together responsible for any total outstanding balance. We may refuse to release from liability any person who is responsible to pay any total outstanding balance, until ali of the cards, access checks, and other credit devices outstanding under the account have been returned to us and any such person or : persons repays us the total outstanding balance owed to us at any time under the terms of this Agreement. Default You will be in default of this Agreement if: (I) you fail to make any required Total Minimum Payment Due by its Payment Due Date: (2) your total outstanding balance exceeds your credit limit; or (3) you fail to abide by any other term of this Agreement. Solely for the purposes of determining e{igibility and premium payment'obligations for the optional credit insurance purchased through MBNA. you wi[[ be deemed in default or delinquent if you fail to make a payment within 90 days of your Payment Due Date. Our failure to exercise any c our rights when you default does not mean that we are unable to exercise those rights upon ~ster deiault. W~en We May Require Immediate Paymen I[ you are in default, we can require immediate payment of your total outstanding balance and, unless prohibited b~ applicable taw and except as otherwise provided under the salaried employee. Other Payment Terms 'We can accept (ate payments, partial payments, or pay- including those marked with "Paid in lull" or with any othe~ shown on the check. We are not liable toyou tot any loss or Payment Holidays payment. We will noti~, you when this option is available you omit a payment, finance charges an~[ any applicable, Payment Due each month following a payment holiday. Transactions Made iff Foreign Curreflc I 11 a ~vholesale~market fete 6~ f2) a government-mandated rate in effect one day prior to the processing date. increased by one percent in each case. Visa or Maste~ard retains this one percent as compensation for performing the currency conversion service. The currency convemion rate in effect on the processing date may differ fram the rate in effect on the transaction date or the posting date, Bflling Cycle Your billing cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each s[atement reflects a single bi~ling cycle. Account Fees and Charges Account Fees: The foUowing fees, which are set forth in your Required Federal Disclosures or initial Disclosure. are charged as Purchases in the billing cycle in which the fees accrue: ill a Late Fee if the Total Minimum Payment Due shown on your monthly statement is not received by us on or be[ore its Payment Due Date: 12l an Ovedimit 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 Over[Imit Fee is charged to your account as of the day in the billing cycle that the total outstanding balance on your account exceeds your credit limit~ 13) a Returned Payment Fee if a payment on your account is returned for insufficient funds or far any other reason, even if it is paid upon subsequent presentment; 14) a Returned Cash Advance Check Fee if we return an access check unpaid for any reason, even It the access check is paid upon subsequent presentment: (Sf a Copy Fee tar each copy at a monthly statement or sales draft, except that the s(x most recent monthly statements six sales drafts will be provided for free; and (6) an Annual Fee [f your account is open or if you maintain an account balance, whether you have active charging privi- leges or not. Abandoned-Property Charges= Unless prohibited by applicable taw. we will charge your account, as a Purchase. for any costs incurred by us associated with complying with state abandoned-property laws. P]ease review your Required Federal Disclosures or initial Disclosure [or additional fees and charges that may apply to your account. Benefits We may offer you certain benefits and services with your account. Unless expressly made a par of this Agreement. any such benefits er services are not a part of this Agreement but are subiect to the terms and restrictions ouflin~:~ in the benefits brochure and other official documents provided to you from time to time by or on behal[ al MBNA America. We may adiust, add. or delete benefits and services at any time and without notice to you. Refusal to Honor Your Account We are not liable for any refuse[ to honor your account. This can include a refusal to honor your card or account number or any check written on your account. We ate not liable for any retention of your card by us. any other bank, or any provider of good? .o,?ervices. We M~ Suspend or Close Your Account ~/e may suspend or dose your account or otherwise terrains your right to use your account, We may do this at any time and Ior any reason. Your obligations under this Agreement continu~ even a{ter we have done th[s. You must destroy a{{ cards, acces checks, and other credit devices on the account when we reque~ that you do so. You May Close Your Account You may close your account by notifying us in writing or t: telephone and destroying all cards, access checks, and other credit devices on the account, Your obligations under this Agreement continue even after you have done this. Transactions Alter Your Account Is Close(~ When your account is closed, you must contaCt anyone authorized to charge transactions to your account, such as internal service providers, health clubs, or insurance companies These transactions may continue to be charged to your account until you change the billing. Also, if we believe you have authorized a transaction or are attempting to use your account after you have requested to close the account, we 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 this Agreement. When we amend this Agreement. we will compl~ with the applicable notice requirements of federal and Delaware [aw that are in effect at that time. If an amendmen gives you the opportunity to reject the change, and [f you reiect the change in the manner provided in such amend- meat. we may'terminate your right to receive credit and may ask you to return all credit devices as a condition of your reiection. The amended Agreement (inc(uding any higher-rat or other higher charges or fe~s) will apply to the total out* standing balance, including the balance existing before the amendment became effective. 'Ne may replace your card wit another card at any time. We May Sell Your Account We may at any time, and without notice to you. sell, assig~ or trans(er your account, any sums due on your account, this Agreement. or our rights or obligations under your account c this Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shal be entitled to ali o! our rights and/or obligations under this Agreement to the extent sold, assigned at transferred. Your Credit Limit Your credit limit is disclosed to you when you receive your card and, generally, on each monthly statement. We may change your credit limit from time to time... The amount shown on your monthly statement as Cash or Credit Available does not take into account any purchases. Cash Advances, linaoce charges, fees, any other transactions, or credits that post to your account after the Closing Date of that monthly statement. Such transaCtions couid result in your credit limit being exceeded and result in the assessmen of Overlimit Fees, Wftat We May Do if You Attempt to Exceed Your Credit Limit The tots{ outstanding balance on your account p(us authoriza- lions at any time mtlst not be more'than your credit limit. [f yet 8 attempt a tr~action 'chat results in your total outstanding anco {plus authorizations) exceeding your credit limit, we may [ I) permit the transaCtion without raising your credit fimit~ permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due~ or (3) refuse to permit the transaction. if ~ve refuse to permit the t~ansaction, we may advise the person who attempted the transaction that it has been refused. If 'aa refuse to permit · Check Cash ^dvanUe Or Balance Trans[er, we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused, that there are insufficient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner. If we have previoualy permitted you rD exceed your credit limit, it does not mean that we will permit you to exceed your c~edit limit again. (f we decide to permit you to exceed your credit limit, we may charge an Overlirnit Fee as provided in this Agreement. Unauthorized Use of Your Card Please notify us immediately of the loss. theft, or possible unauthorized use of your account at [-g00-yS0-670L You Must Notify Us When You Change Your Address ours. The post office and others may notify us of a change to your address. When you change your address, you must nott[7 us promptly of your new add,ess. What Law Applies to you from Delaware. This Agreement is governed by the laws of the State of Deia~vare {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 Arbitration and Litigation This Arbitration and Litigation provision applies to you, unless you were given The opportunit~ to reiect the Arbitration and Litigation provisions and you did 5o reiect them, in the manner and timeframe required, if you did reiect effectively such a provision, you agreed that any fitigatio~ brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of De{aware. Any claim or dispute ('Claim') by either you or us against other, arising from or relating in any way to this Agreement or any prior Agreement or your account {whether under a damages, penalties, or declaratory or equitable relief), including Claims regarding the applicability of this Arbitration and Litigation section or the validity of the entire Agreement or any prior Agreement. shall be resoived by binding arbitration. The arbitration sh~il be conducted by the National Arbitration Forum f'NA~'~', under the C~e o~ Procedure in eiiecc at the time the Claim is filed. Rules and forms o[ the National Arbitration Forum may be obtained and Ctalms may be filed at any National Arbitration Foam office, ww~v.arb-forum.com, or P.O. ~ex 5019 i, Minneapolis. Minnesota 55405. telephone i-g00-474-237 i. if the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbi- tration organization that uses a similar code of procedure. At your written request, we wil[ advance.any a£bitration filing fee. or administrative and hearing fees that you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for paying those fees. In no event will you be required to reimburse us for any arbitration fiiing, administrative, or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with iurisdlction, Any arbitration hearing at which you appear will take place within the federal judicial district that includes your bitling address at the time the Claim is filed. This arbitration agree- ment is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration ACt. 9 U.S.C, §§ t-tO (~FA~."). Judgment upon any arbitration award may be entered in any court having iurisdiction. The arbitrator shall follow existing substantive law to the extent co.nsistent with the fAA and' applicable statutes of limitations and shall honor any claims or privilege recognized by la',v, if any party requests, the arbitrator shall write an opinion con- raining the reasons for the award. No Claim submitted to arbitration is heard by a iury. and 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 class representative o7 participate as a member of a class of claimants with respect to any Claim, This Arbitration and Litigation section applies to all Claims now in existence or that may arise in the future. This Arbitration and Litigation section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you..any bankruptcy by you; or sale of the debt by us. For the purposes of this Arbitration and Litigation section, "we" and "us' means MBNA America ~ank. N.A.. its parent. subsidiaries, affiliates, licensees, predecessors, successors. assigns, any purchaser of your account, and all of their officers, directors, employees, agents, and assigns or any and all of them. Additionally, "we" or "us" shall mean any third party prov(ding benefits, services, or Droducts in connection with the account {including but not limited to credit bureaus, mer- chants that accept any credit device issued under the account, rewards or enrollment services, cred[t insurance companies, debt collectors, and ali of their officers, directors, employees and agentsl if. and only if. such a third party is named by you as a codefendant in any C~aim you assert against us. If any part of this Arbitration and LItigatioa-sect[on is found to be invalid or unenforceable under any law ot statute consistent with the FAA, the remainder of this Arbitration and Litigation section shall be enforceable without regard to such invalidity or unenforceabiiity. THE RESULT OF THIS ARBITRATION AGREEMENT tS THAT, EXCEPT AS PROVIDED ASOVE. CLAIMS CANNOT BE LITIGATED IN COURT. INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A IURY. AS CLASS ACTIONS. OR AS PRIVATE ATTORNEY GENERAL ACTIONS, CREDIT INSURAN~£ BENEFITS, LIMITATIONS, COSTS & EXCLUSIONS CONSUMER PROTECTION DISCLOSURES CREDIT INSURANCE IS: NOT A DEPOSIT; NOT FDIC- INSURED= NOT INSURED BY ANY FEDERAL GO~ERHM£NT AGENCYr AND NOT GUAIL~NTEED BY THE BANK. PURCHASE*OF CREDIT INSURANCE IS-NOT-A CONDITION OF OBTAINING CREDIT. IF COVERAGE iS DESIRED, IT MAY BE PURCHASED ELSEWHERE. Credit In*urance pays your minimum monthly payment' up to your balance on the date of loss {not to exceed 525,000. 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 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, WA, WV&WY), or 525,000 if you die. F,~ One insured per account llnsured must be the primary cardholder or a co-applicant, authorized users are not eligible), under age 66 170 in A~,, NV g- VA; 71 in FL, GA. MI, MO & OK: 72 in NMI. Your coverage ends at these same ages lexcept family leave in AZ, FL $ SD & unemployment). When enrolled, certificates will be mailed explaining your coverage & effective date. In MN, unemployment coverage is efiective 61 days from your cot[if(cate effective date. For unemployment or family leave benefits, you must be gainfully employed working at least 30 hrs~vk (not self-employed or an independent contractorl Ior 90 consecutive days before the date of loss (CO - before application date). (PA - on the date ol loss), [TX o before coverage effective date for unemployment). Employees of professional corporations may be eligible, Coverages & Benefits: Credit [nsurenca covers: your death; involuntary unemployment due to iob loss, general strike, unionized labor dispute, or lockout: total disability due to sickness or in)ury if you are unable to perform the material ~. substantial duties of your )ob (or any )ob after 12 mos. in PA: 18 mos. in AL. AZ. AR. CA. DE. DC. GA. HI. iD, IL. IA, KS, LA, MD, MN, MS, NV. NJ, I~D. OH, OX. RI, SD, TN. VT. WA. WV, WI & WY); your or your spouse's unpaid leave ol absence trom employment due to cam ot your newborn or newly adopted child or an incapacitated immediate family member (must be spouse, child, stepchild or parent in AKI; mandatory recall to active milita~ duty: iury duty (except in AK); or residence in a federally declared disaster area. Loss (not death) must continue at [east 30 days before benefits begin. In NY. for strikes, unionized labor disputes & lockouts, you must be unemployed lot 7 consecutive weeks & quali~/for state unem- ployment benefits before benefits begin. A daily benefit is paid for each day of toss over 30 days for unemployment in NY ~ PA, and disability in CA, CT, GA. NY, MI, PA. Ri & SC. You may cancel this coverage at any time. if caR~:eled within the first 30 days of coverage, all premiums will be refunded. ~ Life: suicide (h the first 6 months of coverage (not MD & MO). Involuntary Unemployment: retirement, resignation, voluntary forfeiture of income or iob 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. ivtA & NVI. intentionally self-inflicted iniuries (not MDI. or a pre-existing medical condition during first 6 months of coverage (not Nil. Family leave benefits are not paid if you are eligible ior or receiving unemployment benefits or are disabled. Th s o i}L brief descriG on of coverage, and coversges vary by state. Please refer to your certificates for a full exp)snation of coverage. Costs ocr 5100 ~er Month of Average Daily Balance: Costs apply to Life ILL Disability (D), Unemployment [U) Family Leave iF): AL 54.5¢; AX 78c: AZ 99.9c; AR 99c; CA 89.9c: CO 50,66¢; CT 42.89¢; DE 99.9c: DC 99.9¢: FL 89c; GA 90.5¢: Hi 89.91c: ID 99.5c iL 8.6¢. D 16.9c. U 54c, F 20c~; IL &0Jg?~: iN 96¢; IA 97.8C (L 7.2c. D 16.6¢', U'54¢, F 20c ): KS 85.47c: KY 97.4¢: LA 99.93¢: ME MI 85.7c; MN 31.47c: MS 92,5c: MO 61.1¢: MT 93,9c: NE 95.8c; NV 99.87c: NH 95¢; NI 97¢; NM 58.9c: NY 52.5c [L 8.5c, D 26.Sc. U 16.9c1: NC 71.3c: ND 94.97c: OH 99.9c: OK. 97.47¢: OR 80.~.c; PA 38,1c: PR 99c; RI 99,8c: SC ?8.Sc: SD 99.9c; TN 92.5c; TX 33,.7¢ [L 4.8c. D 12.9¢, U 16c); UT 90.44¢; VT 34.92c ( L 6.68c, D t 2.24c, F 16c ); VA 84¢ | L 6. ! ¢, D 8.9¢, U 49¢, F 20el: WA 89.39¢; WV 99.5c; WI 93.6c (L 5.7c. D s.9¢, U 59c, F 20c}: WY 99.7c. ~ Involuntary Unemployment is nat available in MA or VT. Family Leave is nat available in AL. CT, MA,, MD. MN, NM. NY. PA, orTX. Undel'~vHtiae Co~noanles/Po|lc~: involuntary Unemployment: American Security/LOllS/SS), LQI NY~3/935, AS LO[ TX(I 1/99}. LOIC-IP-KS(2/96L EOIC-IP-CRS.ME(5/851 and LOtC-IP: Standard Guaranty/SG LCI [5/855 (NH only). Life ~- Disability: Union Security Lif~L-i-Z, L-S-(; in AL. AZ, AR. DE. DC, ID, IL, IA, KS, ~1 MD, ~N, MS, NV. ND. OH, OK, RI. SD, VT. WA, WV ~- WY: Standard Guaranty Life [TX only]/ L-I-Z(B/921(3.53RAI, First For(is Life American Security (NY Disebifity onlyl/W-S-A. Fortis Insurance (ME on[yl/U-X-A. Family Leave: American Security/FLP (4/975. FLP-FL([2/9?I in FL. FLP-NC (3/98) in NC. FLP-OXI4/9?) i~ OK. FLP-VA{2~81 in VA. FL-IPiAZ)[?/985 in AZ. FL-IPl4/9?) In IL & IN. FL-IP-KS ll2/97] in KS. FL-IP-ME 14/995 in ME: FL-IP-WYI4/9?] in WY: Standard Guaranty/FLP (4/975 in NH; Union Security Liie/FLP-VT(4/971 in ~T. Soliciting agents for Mississippi and Florida are Char(es 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 iniorn~ation to an insurer for the purpose of defrauding the insurer or any other parson. Penalties indude imprisonment and/or fines. In addition, sn insurer may deny inaurence benefits if iaise information materially related to a claim was provided by the applicant. 'Less past due and over credit limit amounts. In MI, cover- age pays 5% of the balenca on your date ol disability up to 51250. In OR. coverage pays the greater of iY36th 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 oi loss. Ir~ TX, coverage pays the greater of 6% your insured outstanding balance on your date of unernp~oy- sent or your minimum monthly payment. · 'The number of monthly benefit payments wil~ not exceed for family leeve: 12 for unemployment in AL. AK, Cl, IL, MI, MN MO, NM. NC, NY, PA, SC & TX: 12 for disabifity in AK. CO, CT, FL. KY, MA, MO. MT. NE, NH, NM, NC, OR. SC, UT r~ VA. NY, N] ~. TX Residents Only: TO purchase coverages separate~l write to Assurant Group, R O. Box 50355, Atlanta, GA. 30302. App ications wUI be sent to you. 472299 EXHIBIT "B" MBNA America Bank, N.A. c/o Wolpoff & Abramson, L.L.P. Attnrneys in the Practice of Dehi Collection 702 King Farm Blvd, Two lrvington Centre Rockville, MD 20850-5775 CLAIMANT(s), Pat Dettling 44 Coumry View Est NEVvWILLE, PA 172418706 Ill NATIONAL ARBITRATION FORUM ® AWARB MBNA America Bank, N.A. v Pat Dettling File Number: 17A0307000172404 Claimant File Number: 53290S6336635987 RESPONDENT(s). The u~dersigned Arbitrator in this case FINDS: I. Tl~t no known conflict ofimerest exists. 2. Ttat on or before 07/24/2003 the Parties entered into an agreement providing that this matter shall be l-oolved through binding arbitration in accordance with the Forum Code of Procedure. 3. Tlat the Claimam has filed a claim with the Forum and served it on the Respondent in accordance with Rule 6. 4. Tlat the matter has proceeded in accord with the applicable Forum Code of Procedure. 5. Tie Parties have had the opportunity to present all evidence and information to the Arbitrator. 6. Tlat the Arbitrator has reviewed all evidence and information submitted in this case. 7. ql'lat the information and evidence submitted supports the iesuance of an Award as stated. The~cgore, the Arbitrator ISSUES: An ~ard in favor of the Claimant, for a total amoum of $9,192.99. Erat~ed in the State of Pennsylvania D~g: 10/16/2003 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. Director of Arbitration 10/16/2003 SHERIFF' S RETURN - CASE NO: 2004-03289 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MBNA AMERICA BANK NA VS DETTLING PAT REGULAR RON KERR Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE DETTLING PAT DEFENDANT at 1446:00 HOURS, at 44 COUNTRY VIEW EST NEWVILLE, PA 17241-8706 PAT DETTLING a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 14th day of July , 2004 by handing to & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.66 Affidavit .00 Surcharge 10.00 .00 34.66 Sworn and Subscribed to before me this /{,~ day of /- 2~rothonotary~ 7 ' So Answers: R. Thomas Kline 07/15/2004 WOLPOPF & ABRAMSON By: &y~S~ff 349 IN THE COURT OF COLSON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD FAIL STOP 1411 WILMINGTON DE 19884-1411 NO. 043289 Plaintiff vs. PAT DETTLING : Defendant(s) Mr./Ms. Clerk: PRAECIPE FOR JUDGMENT Please enter Judgment in favor of Plaintiff and against Defendant(s), PAT DETTLING , for want of ANSWER TO COMPLAINT. (x) Amount due $ 9192.99 Interest $ Attorney's Commission $ Filing costs $ TOTAL $ 9192.99 , plus interest and costs ( X ) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complalnt and is calculable as a sum certain from the complaint. ( X ) Pursuant to Pa.R.C.P. 237 (Notice of Praeclpe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ( X ) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praeclpe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to t~ date of the filing of this praeclpe and a copy of the notice is attached. // DATE: Signature: Amy F Daniel F. Wolfson #20617 Bruce H. Cherkls #18837 Philip C. Warholle #86341 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collectlon 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Plaintiff PRAEC J/PANO J W&A FILE NO. , 20~)~ , JUDGMEN~IS ENTERED AS ABOVE. /] ~rothonocary/Clerk, Civil Dt~slon Deputy 106898672 337 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 Plalntlff VS. PAT DETTLING Defendant (s) No. 043289 CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 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, PAT DETTLING , above-named, is over 21 years of age; is last known to reside at 44 COUNTRY VIEW EST NEWVILLE PA 17241-8706 County of York, Pennsylvania; is not in the military service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act and its Amendments. Daniel F. Wolfson ~20617 Bruce H. Cherkis ~18837 Philip C. Warhollc ~86341 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Plaintiff SWORN and SUBSCRIBED to before me this Notary Public PNMAFF/PANOJ W&A FILE NO. 106898672 IN THE COURT OF COM/~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff vs. PAT DETTLING Defendant (s) No. 043289 CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I, hereby certify that the precise residence of Plaintiff is: MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 and certify that the last known address of the within Defendant(s) is: PAT DETTLING 44 COUNTRY VIEW EST NEWVILLE PA 17241-8706 Daniel F. Wolfson ~t~20617 Bruce H. Cherkls ~18837 Philip C. Warhollc ~86341 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for P1alntiff PCRES/PANOJ W&A FILE NO. 106898672 MAIN OFFICE TWO IRVINGTON CENTRE 702 KING FARM BLVD, ROCKVlLLE, MD 20850 BRANCH OFFICES 10605 JU01CIAL OR., BLDG. A-5, FAIRFAX, VA 22030 1108 E. MAIN ST** STE. 1003, R~CHMOND. VA 23216 5122 GREENWICH RD., VIRGINIA BEACH, VA 23462 919 N. MARKET BT,, 6TE, 1300, WILMINGTON. DE 19899 1964 GREENSPRING DR., ETE. 400, TIMONIUM, MD 21093 2825 T~NSGATE RD ~330, WEST~ VIL~GE, CA 91361 367 ~, MARK~ ST,, YORK, PA 17403 ~FFlaATED F~RM LO~A~ONS [N~ ~R~CH PHOENIX, ~IZQNA ~. ~UDERDALE, FLORIDA LAW OFFICES WOLPOFF & ABRAMSON, L.L.P. Atlomeys tn the Practice of Debt Collection (A National Collection Attorney Network Firm) 267 E. MARKET STREET YORK, PA 17403 (TOLL FREE) 1-800-758-0675 FACSIMILE 717-848-1146 PLEASE DIRECT ALL INQUIRIES TO YORK OFFICE N.~TIONAL COLLECTION ATTORNEY NETWORK ~AFFILIATED FIRM LOCATIONS rNOT BRANCH OFFICES OF WOLPOFF & ABRAMSON. L.L.F,1 * HONOLULU, HAWAII BOISE, IDAHO MER RILLVILLE, INDIANA CHICAGO. ILLJNOIB FARGO, NORTH OAKOTA CLEVELAND. OHIO OKLAHOM~ CITY, O K~.HOt EUGENE, OREGON PROVIDENCE, RHODE ISLA COLUMBIA, SOUTH CAROLI KNOXVILLE, TENNESSEE HOUSTON, TEXAS EANOY, UTAH MILWAUKEE, WI6CONSIN RAWLIN6, WYOMING August 4, 2004 PAT DETTLING 44 COUNTRY VIEW EST NEWVILLE, PA 17241-8706 RE: MBNA AMERICA BANK, N.A. / PAT DETTLING Docket No. 04-3289 (CP CUMBERLAND COUNTY) Collection Matter Dear Mr/Ms Dettling: We enclose a 10-day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, WOLPOFF & ABRAMSON, L.L.P. F.{oy~e, :squire ~ AFD/IIb Enclosure THIS LETTER AND ANY FUTURE LETTERS FROM OUR FIRM ARE AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff VS. PAT DETTLING Defendant No. 04-3289 TO: PAT DETTLING 44 COUNTRY VIEW EST NEWVILLE, PA 17241-8706 DATE OF NOTICE: August 4, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer Referral Service 4t~ Floor, Cumberland County Courhouse Carlisle, PA 17013 (717) 249-3166 Amy F. Doyle, Esquire/ 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