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HomeMy WebLinkAbout11-1184Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. N 11k ? o. Norfolk, VA 23502 q I I/( Plaintiff n -? v. = - KATHRYN E EDGAR - rn ?* 302 S HANOVER ST # 2 (Pr CARLISLE PA 17013 Defendant ':-- n ,. 4 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 withing twenty (20) days after this Complaint and Notice are served, by entering a written appearance, peFsonally or by an attorney, an 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 of 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. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service _ (800) 692-7375 Po This communication is frorn a debt collector and is an attempt to collect a debt. And information obtained will be used for that purpose, 6. Defendant was provided with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant. Defendant was in default with respect to that debt for failure to make the required payments on the Account. The last payment made on this Account was on September 21, 2007. 8. Plaintiff is the purchaser, assignee and/or successor in interest MBNA / BANK OF AMERICA / ************2937 and Plaintiff is now the holder of the Account. A true and correct copy of the affidavit is attached hereto and collectivelymarked as Exhibit "A." 9. As of the date within Complaint, the remaining balance due, owing and unpaid on Defendant's Account, as a result of Defendant and/or any authorized user's use of said Account is in the sum of $2,614.53. 10. Despite reasonable and repeated demands for payment. Defendant has refused and continues to refuse to pay all sums due and owing on the aforementioned Account, all to the damage and detriment of the Plaintiff. I I.The amount in controversy is within the jurisdictional amount requiring compulsory arbitration WHEREFORE, Plaintiff respectfully requests this Honorable court enter Judgment in favor of Plaintiff and against Defendant, KATHRYN E EDGAR, in the amount of $2,614.53, plus costs of this action and any other relief as the Court deems just and reasonable. 1 Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 10-13502 This communication is from a debt collector and is an attemf)t to collect a debt. Any information obtained will be used fi)r that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Kelly M. Roberts hereby states that he/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 his/her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsifrcationto authorities. Date : 10-13502 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. AFFIDAVIT State of Virginia City of Norfolk ss. I, the undersigned, Kelly M. Roberts , Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: 1. I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee') which is doing business at Riverside Commerce Center, 140 Corporate Boulevard, Norfolk, Virginia. I am familiar with the policies and practices, as well as the books and records of Account Assignee with respect to the matters stated herein. This affidavit is based upon my personal knowledge of Account Assignee's record keeping system and my review of Account Assignee's records, including a review of the business records transferred to Account Assignee from MBNA / BANK OF AMERICA / ************2937("Account Seller'), which have become a part of and have integrated into Account Assignee's business records, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account, and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account having been sold, assigned and transferred by the Account Seller on May 22, 2008. Further, the Account Assignee has been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement, satisfaction; compromise, collection or adjustment of said account, and the Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever. 4. According to the records transferred to the Account Assignee from Account Seller, and maintained in the ordinary course of business by the Account Assignee, there was due and payable from KATHRYN E EDGAR ("Debtor') to the Account Seller the sum of $2,614.53 with the respect to account number (************1418), as of May 22, 2008 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale. 5. According to the records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, there is currently due and owing the sum of $2,614.53 . Portfolio covery As s, LC By: Y , Cust dian of Records Subscribed and sworn to before me on of jAnU61,1201 t Lucretia Ann Etheridge Commonwealth of Virginia ary Public Notary Public Commission No. 7042513 V1T 10-13502 My w E)*as 09/30/201 ? This communication is from a debt collector and is an attempt to collect a debt. Any information obtained wiII be used for that purpose. MBNA CREDIT CARD AGREEMENT 4/zoos Credit Card Agreemen#. Additional term and Conditions ,:Selected Sections ¦ Privacy Notice .....................:.............,.......1 t ¦. Accuracy of information Furnishedto Credit Reportin Agencies....,,.,r....,;..:.u;::,..4 ¦ Hover to Use Yom Account.: ........ :......._.,:..4 ¦ Payments on Your Account... .......... ...5 ¦ We May Amend This Agreement .. ... ....8 ¦ What Law Appites...... ..... ......................9 ¦ Arbitration and Litigation .....:;................. .4 AGMT 90 Your Contract Widi Us Your Credit Card Agreement with us consists of these Additional Terms and Conditions and the document called the Required Federal Disclosures or the initial Disclosure. You agree to the terms and conditions of this Agreement. For the purpose of the Privacy Notice, we will use the de"ons contained in the third paragraph of the Privacy Noffce. For the remainder of the Agreement, we will use the definitions described under the section heading Words Used Often in This Agreement Prrywy Nodca Your privacy is important to us: At MBNA, we are committed to providing you with the finest financial products and services backed by consistently top-quality service. And while information about you is fundamental to our ability to do this, we fully recognize the importance of keeping personal and account information secure. To offer you the widest range of products and services, MBNA may share information about you both within MBNA and outside of MBNA 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 to understand our information --afeguards, what information we collect, what infotmationiwe share, and the benefits you receive when we share information about vou. This notice describes the privacy practices of MBNA Corporation and all MBNA affiliates, including MBNA America Bank, N.A., MBNA America (Delaware), N.A., 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 of 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, either 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. We maintain physical. electronic, and procedural safeguards that comply with federal standards for the security of information. When MBNA shares information about you with companies outside of MBNA, we require them to impose safeguards, use it only for a permitted 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 efficiently. MBNA requires any company receiving information from MBNA to sign a Confidentiality Agreement containing these requirements and obligating that company to protect the information as we would. Information We Collect: MBNA collects and uses nonpublic personal information about you to conduct our business and to consistently deliver the top-quality Custor 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 othe relationships; and Information about your transactions with MBNA and v other companies outside of MBNA. Information We Share Within MBNA: We may share ; of the Information we collect about you with finandal servi companies within MBNA to offer additional products or services that may interest you and best meet your needs. believe this is convenient for you and may save you both i 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 reports and applicatic and other information. The decision to purchase any such products or services is yours alone. You may tell us not to share credit eligibility information about you within MBNA. please understand this does not prohibit us from offering } additional products and services or from sharing transacti< and experience, identification, and other information withir MBNA. Information We Share With Others: From time to to we may allow companies outside of MBNA 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, ban brokers, account aggregators, insurance agents, insurance companies. mortgage bankers, and securities broker-dealers). by non- financial companies (such as retailers, direct marketers, communications companies, Internet service providers, manufacturers, service companies, travel agents, cruise lines, car rental agencies. hotels, airlines. publishers, and organizations endorsing MBNA financial products or services). and others (such as nonprofit organizations: Subject to applicable law, we may share all the inforrna tic we collect with these companies outside of MBNA, unless you tell us not to. Additionally, we may share all the information we collec with companies that perform marketing or othe services or our behalf or to other financial institutions with which we N joint marketing agreements. We are also permitted by law share information about you with other companies in certa circumstances. For Instance, we may share all of the information we collect with companies assisting us in servicing your loan or account. with companies that endor our products and services through affinity agreements. with government entities in response to subpoenas or regulatory requirements, and with consumer reporting agencies. If you tell us not to share information with companies outside of MBNA that wish to offer you their products and services, as described above, please understand that we will continue to share information in these additional circumstances. Important Information About Your Choice: We're dedicated to serving your needs - and to respecting your choices related to privacy. You may tell us not to share credit eligibility information within NIBNA. and you may tell us not to share information with companies outside of MBNA that wish to offer you their products and services as described above. If you wish to opt out of such information sharing, please call toll-free ]-$66-75j-1255. We will ask you to verify your identity and the specific accounts to which the opt out applies, so please have all your account, membership, or reference numbers and your Social Security number or Taxpayer Identification number for deposit accounts available -hen you call. MBNA applies opt outs at the account level. not by individual Customer. When any person listed with others on an account opts out (for example, a co-applicant, joint account holder, or authorized user). we will list the entire account as having opted out MBNA will continue to adhere to its disclosed privacy practices for an account even if it becomes inactive or is closed. :art opt out from information sharing on an account as described above, either within MBNA 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 writing) does not need to be opted out again. This notice updates and replaces any previous notices from MBNA about the privacy, security, and protection of information. For additional information regarding MBNA's privacy practices concerning the Internet, and to view the most recent version of this privacy notice, please go to www.mbna.com and click on "Privacy Notice." You may have other privacy protections 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 OtteJ1 in This agreement "Agreement" (iLCard Agreement" meats 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 of the persons who are granted. accept or use an account we hold. "You and "your" also mean any other person who has guaranteed payment of this account. when used in the sections entitled. We May Monitor arts Record Telephone Calls. and Arbftion and Uliplion, and when used in eact of the sections relating to payment' this account (Your Promise to Pay, arm How We A%cate Your Payments, for example). .we.. "us." 'our" and "MBNA America" mean MBNA America Bank N.A. "Card" means all the credit cards we issue to you and to any other person with authorization for use on this account pursuant to this Agreement. "Access check" means an access check we. provide to you make a Check Cash Advance on your account. if a e use a capitalized term in tlns ,log mucm but we do it dctitne Ilne tern in this document the term has the meaning given in the Required Federal Disclosures or the Initial Disclosure. or as used in your monthly statement We use section headings (such as, Words Used Often in This Agreement) to organize this Agreement. The actual terms of this Agreement are in the sentences that follow and not the headirk Sinn Your Card YOM should sign your card before you use it ii a May Monitor and Record Telephone Cal You consent to and authorize MBNA America, any of its affiliates. its marketing associates to monitor and%or recor any of your telephone conversations with our representative- or the representatives of any of those companies. Credit Reporting Azencies You authorize MBNA America to collect information about X214 hicludiua credit repot from consumer reporting agencieA If you believe we have thmivhed inaccurate or incomplete information about you or your account to a credit reporting agency, write us at: MM Credit Reporting Agencies. PO. Box 17054, Wilmington. DE 19884- 7454. Please include your name, address. bome phone number, and account number. and explain what you believe is inaccurate or incomplett How to Use Your Account You may obtain credit in the form of Purchases and Cash Advances by using cards. access checks. your account number, or of credit devices. Please refer to your Required Federal Disclosures or Ini Disclosure to determine what transactions constitute Purchases and. C Advances and how you may ,+tam them. Transaction Date for Certain Cash Advanc The transaction date for Check Cash Advances and Balance T'tansi done by check is the date you or the prxsof whom the check is made payable first deTuisits or cashes the check. The transaction date fie a returned payment (a Bank Cash Advance) is the date that the corresponding payment posted to your account Purposes, for Using Your Account You may use your account for personal, family. or household purposes You may not use your account for business or commercial purposes. You may not use a Check Cash Advance, or any other Cash Advance, to make payment on this or any other credit account with us. You may not use or permit your account to be used to snake any illegal transaction. Persons Using Your Account If you permit any person to use your card, access checks, account number, or other credit device with the authoruation to obtain credit on your account you may be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the 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 providing us with the access check number, dollar amount, and payee exactly as they appear on the access check. Oral and written stop payment requests on an access check are effective for six months from the day that we place the stop payment You May Not Postdate an Access Check I You may not issue a postdated access check on your account. If you do postdate an access check, we may elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment. without in tither 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 Pav You promise to pay us the amounts nt'all credit yoo obtain, which includes all Purchases and ('ash Adtances. Y,u also promise to pay us all the amounts of finance charges. fees, and any utlwr transactions we charge against your account Payments on YourAceount You must pay each month at least the Total Minimum Payment Due .;hown on your monthly statement by your Pavment Due Date. You may pay the entire amount you owe us at any time. Payments anode in any billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will reject payments that arc not drawn in U. S. dollars and those drawn on a financial institution located outside of the United States. Payment of your'rotat Minimum Payment Due may not avoid the assessment of Overlimit Fees. When Your Payment will Be Credited to Your Account We credit payments as of the date received, if the payment is: (1) received by 2 p.m. (Eastern Timei; (2) received at the address shown in the upper left-hand comer of the front of your monthly statemert; (3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order, and (4) sent in the return envelope with only the top portion of your statement accompanying it. Payments received after 2 p.m on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days. How We Allocate Your Payments We will allocate your payments in the manner we determine. In most instances, we will allocate your payments to balanc (including new transactions) with lower APRs before balances wi higher APRs. This will result in new balances with a lower APR (e.g.. those with promotional APR offers) being paid before any other existing balances. Promise to PayAoalies to All Person. All persons who initially or subsequently request. accept. guarantee or use the account are individually and together responsible for any total outstanding balance. We may refuse to release from liability any person who is responsible to pay any tot outstanding balance, until all of the cards. access checks, and othe credit devices outstanding under the account have been returned tt 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. De cult You will be in default of this Agreement if. (1) 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 t any other term of this Agreement Solely for the purposes of determining eligibility and premium payment obligations for the optional credit insuranc purchased through MONA, you will be deemed in default or delinquent if y fail to make a payment within 40 days of your Payment Due Date. Our failu to exercise any of our rights when you default does not mean that we ate unable to exercise those rights upon later default. When We May Require Immediate Payment If you arc in default we can require immediate payment of vour total outstanding balance and. unless prohibited by applicable law and except as otherwise provided under the Arbitration and Litigation section of this Agreement. we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees if we refer your account for collection to an attorney who is not our salaried employee Other Payment Terms We can accept late payments- partial payment, or payments with any restrictive writing without losing any of our right under this Agreement This means that no payment including those marked with "Paid in full" or with any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that presented it. without in either case waiting for the date shown on the check. We are not liable to you for any loss or expens incurred by you arising out of the action we elect to take. Payment HOIldays We may allow you, from time to (nue, to owit a monthly payrrant. We will notify you when this option is available. If you omit a payment, finance charges and any applicable fees will accrue c your account in accordance with this Agreement You must resume making your Total Minimum Payment Due each month following a payment holida, Transacdons Made in Foreinn Currencies If you make a transaction in a foreign currency, the transaction will be converted by Visa International or MasterCard International. depending on which card you use, into a U.S, dollar amount in accordance with the operating regulations or conversion procedures in effect at the time that the transaction is processed Currently, those regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale market rate or (2) a government-maudated rate in effect one day prior to the processing date, increased by one percent in each case. Visa or MasterCard retains this one percent as compensation for performing the currency conversion service. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. Billing Cvcle Your billing cycle ends each month on a (dosing Date determined by us. Fach billing cycle begins on the day after the Closing Date of the previous billing cycle. Each statement reflects a single billing cycle Account Fees and Charaes Account Fen: The following fees, which are set forth ou your Required Federal Disclosures or Initial Disclosure, are charged as Purchases in the billing cycle in which the fees accrue: (1) a [ate Fee if the Total Minimum Payment Due shown on your monthly statement is not received by us on or before its Payment Due Date; (2) an Overlimit Fee if your New Balance Total exceeds your credit limit on the last day of a billing cycle, even if tees or finance charges charged by us cause your New Balance Total to exceed your credit limit; an Overlimit Fee is charged to your account as of the day in the billing cycle that your total outstanding balance on your account exceeds your credit limit; (3) a Returned Payment Fee if a payment on your account is returned for nsufficientfunds or for any other reason, even if it is paid upon subsequent pne?enttucut (4) a Recanted Cash Advance Check Fee if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment; (5) a Copy Fee for each copy of a monthly statement or sales draft except that the six most recent monthly statements and six sales drafts will be provided for free: and (b) an Annual Fee if your account is open or if you maintain an account balance. whether you have active chart>,ing privileges or not. Abandoned Property Charges: Unless prohibited by applicable law, we will charge your account. as a Purchase, for any costs incurred by us associated with complying with state abandoned property laws. Please review your Required Federal Disclosures or Initial Disclosure for additional fees and charges that may apply to your account. Bene its We may offer you certain benefits and services with your account Unless expressly made a part of this Agreement, any such benefits or services are not a part of this Agreement. but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on beha)f of MBNA America. We may adjust. add. or delete benefits and services at any time and without notice to you Refusal to Honor Your Account We we not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your account We are not liable for any retention of your card by us, any other bank, or any provider, goods or services. We May Suspend or Close Your Account We may suspend or close your account or otherwise term/. not Your right to use your account We may do this at any time and far any reason. Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access check or other credit devices on the account when we request You May Close Your Account You may close your account by notifying us in writing or b telephone, and destroying all cards, access checks or other credit devices on the account Your obligations under this Agreement continue even after you have done this. Transactions After Your Account Is Closes When your account is closed. you must contact anyone authorized to charge transactions to your account, such as Interne service providers, health clubs or Insurance companle- These transactions may continue to be charged to your accoldnt 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 br charged to your account. We May Amend This Asreement We may amend this Agreement at any time. We may amend it by adding, deleting, or changing provisions of this Agreement. When amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. If an amendmer gives you the opportunity to reject the chang and if you reje. the change In the mariner provided in such amendment. we may terminate your right to receive credit and ma, ask you t. return all credit devices as a condition of your rejection. ThE amended Agreement (including any higher rate or other high charges or fees) will apply to the total outstanding balance, Includii the balance existing before the amendment became effective. We may replace your card with another card at any tim We May Sell Your Account We may at any time, and without notice to you, Sol, assig transfer your account any sums due on your account, t Agreement, or our rights or obligations under your accour this Agreement to any person or entity. The person or entitt whom we make any such sale, assignment or transfer sha entitled to all of our rights and/or obligations under this Agreement, to the extent sold, assigned or transferred. Your Credit Limit Your credit limit is disclosed to you when you receive you card arid, generally, on each monthly statement. We may change your credit limit from time to time. The amount shown on your monthly statement as Cash 0 Credit Available does not take into account any Purchases, Cash Advances, finance charges, fees, any other transaction- or credits which post to your account after the Closing Date of that monthly statement. Such transactions could result your credit limit being exceeded and result in the assess me of Ovedimit Fees. what We May Doi You Attempt to Exceed Your Cred if Limit The total outstanding balance on your account plus authorizations at any time must not be more than your credit limit. If you attempt a transaction which results in your total outstanding balance (plus authorizations) exceeding your credit limit, we may. (1) permit the transaction without raising your credit limit; (2) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3) refim to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer, we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused, that there are insufficient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner If we have previously permitted you to exceed your credit limit, it does not mean that we will permit you to exceed your credit limit again. If we decide to permit you to exceed your credit limit, we may charge an Overlimit 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 1-800421-21 10. You Must Notify Us When You Change Your Address We strive to keep accurate records for your benefit atxl ours. The post office and others may notify us of a change to your address. When you change your address, you must notify us promptly of your new address, what law Applies This Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware (without regard to its conflict of 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 Rikhts Continue Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. Arbitration and Lineation Ibis Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them in the manner and timeframe required. If you did reject effectively such a provision, you agreed that any litigation brought by you against as regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute ("Claim") by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or your account (whether under a stature, in contract, tort, or otherw ise and whether for money 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 Agreemetu, shall be resolved by binding arbitration. The arbitration shall be conducted by the National Arbitration Fom r'NAF"). under the Code of Procedure in effect at the time the Cla is filed. Rules and forma of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitrati Forum office, www.arb-forum.com or P.O. Box 5(1]91, Mimreapol Minnesota 55405. telephone 1-900474-2371. If the NAF is unable unwilling to act as arbitrator, we my sub stitute another nationally recognized. independent arbitration organization that uses a similar code of procedure. At your written request- we will :A%ance any arbitration tiling, fae..ithniol'trone and hearing lees which yo are required to pay to pursue a Claim in arbitration. The arbitrator will decic who will be ultimately responsible for paying those fees. In no event will yc be required to reimburse us for any arbitration tiling, administrative or hearing fees in an amount greater than what your court costs would have be, if the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed, his arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act 9 SC 99 ] •16 ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statute: of limitations and shall honor any claims or privilege recognized by law. If ants party requests, the arbitrator shall write an opinion containing the reasor for the award. No Claim submitted to arbitration is heard by a jury and no Claim may t brought as a class action or as a private attorney general. You do not have it right to act as a c lass representative or participate as n member of a class of claimants with respect to any Claim. This Arbitration and Litigation Section applies to all Claims sow 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 Bank. NA. its parent- subsidiaries, affiliates, licensees. predecessors. successors, assigns. and any purchaser of your account'and all of their officers. directors. employees. agents and assigns or any and all of theta Additionally. "we" or "us" shall mean any third party providing benefits. services. or products in connection with the account (including but not limito to credit bureaus. merchants that accept any credit device issued under the account rewards or enrollment services, credit insurance companies. debt collectors and all of their officers. directors. employees and agents) it and only if such a third party is named by you as a co-defendant in any Claim you assert against us. If any part of this Arbitration and Litigation Section is found to he invalid or unenforceable under any law or statutE consisten with the FAA. the remainder of this Arbitration an-- Litigation Section shal be enforceable without regard to sucl invalidity or unenforceability. THE RESt1LT OF TI ITS ARBITRATION AGRFFMFNT Is THAI EX('EP'f AS PROVIDED ABOVE. L LAIh1S CANNOT BE LITIGA IED IN COURT. INCLUDING SOME CLAIMS THAT COULD - HAVE BEEN TRIED BEFORE A IURY. AS CLASS ACTIONS OR AS PRIVATE ATTORNEY GENERAL ACTIONS. CREDIT INSURANCE BENEFITS, LIMITATIONS, COSTS & EXCLUSIONS CONSUMER PROTECTION DISCLOSURES CREDIT INSURANCE IS: NOT A DEPOSIT; NOT FDICINSURED; NOT INSURED BY ANY FEDERAL GOVERNMENT r AGENCY; AND NOT GUARANTEED BY THE BANK URCHASE OF CREDIT INSURANCE IS NOT A CONDITION OF OBTAINING CREDIT. IF COVERAGE IS DESIRED, IT M *,T BE PURCH 1SED ELSEN IIFRE Credit Insurance Days your minimum monthly payment up to your balance uu the date of loss (rot to exceed $25.000, except disability in MN). until you return to work" if you are f i involuntarily unemployed, totally disabled. or if you or your ( 1 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. 10. IL, IA. LA. MD. MN. MS. NV. NO, OH. OK. RI, SO. VT. WA. WV & WYI. or $25,000 if you die. p?iuY?l?llfef'l?'?E4?5{?(3fiE'dH{'t?4d4f?8ffS?N'8ss?t?a4?eiwt ,eligible). under age 66 (70 in AZ, NV & VA; 71 in FL. GA. MI, ( . MO & OK: 72 in NMI. Your coverage ends at these same ages (except family leave in AZ, FL & SD & unemployment). When enrolled, " certificates will be mailed explaining your coverage & effective date. In MN, unemployment coverage is effective fi 1 days frtnn y?rur eertitic:rrr clfectin dale Prr unem?b»went . err t;?mily leave benefits, you must be gainfully employed working at least 30 hrs, wk (not self-employed or an independent contractor) for 90 cousecutice days before the date of ha, (CO - beige application date), IPA - on the date of loss). (TX - before coverage effective date for unemployment). Employees of professional corporations may he eligible. Coverae:es & Benefits: Credit Insurance covers: your death: involuntary unemployment due to job loss. general . strike, unionized labor dispute, or lockout; total disability due to sickness or injury if you are unable to perform the material & substantial duties of your job (or any job after 12 mos. in PA, 18 mos. In AL, AZ, AR. CA. DE, DC, GA. HI. 10. IL, A. KS. LA, MO. MN, MS, NV. NI. NO. OH. OK. RI, SO. TN. VT. WA, WV, ! Wl & WY); your or your spouse's unpaid leave of absence from employment due to care of your newbom or newly adopted child or an incapacitated immediate family member (must be " spouse, child, stepchild or parent in AKJ; mandatory recall to active military duty; jury duty (except in AK): or residence in it federally declared disaster area. Loss (rot death) must continue at least 30 days before benefits begin. In NY, for strikes. unionized labor disputes & lockouts. you rmtst he unemployed Mr 7 comsecutire weeks & qualify, for state unemployment benefits before benefits begin A daily benelit is paid for each day of loss over 30 days for unemployment in NY & PA, and disability In CA, CT. GA, NY. MI. PA, RI & Sc. You may cancel this coverage at any time. If canceled within the first 30 days of coverage, all premiums wilt be refunded. Exclusions; Life: suicide in the first 6 months of coverage (not MD & MOJ. Involuntary Unemployment: retirement. resignation, voluntary forfeiture of income or job loss due to 'willful or criminal misconduct, disability, strikes inlL, military discharge in NY & normal seasonal unemployment in TX. Disability. normal pregnancy or childbirth (not CA. MA & NV). intentionally self- inflicted Injuries (not MD). or a pre-existing medical condition during first 6 months of coverage (not NI). Family leave benefits are not paid if you are eligible for or receiving unemployment benefits or are disabled. Phis is only a brief description of coverage. and coverages vary by state. Please refer to your certificates for a full explanation of coverage. Costa oar S 100 oar Month of Averae-e Daily Balance- Costs apply to Life (L). Disability (D), Unemployment (U) & Family Leave (F): AL 54.5c; AK 78C; AZ 99.90; AR 990; CA 89.9<:: CO 50.66,:; CT 42.890; DE 99.9 DC 99 9<:; FL 89C: GA 90.8<z: HI 89.91 :: 10 99.5 - (L. 8.6--:, D 16.9<:, U 54<;, F 20-* IL 80.97c; M 96<:; IA 97.8C (L 7.2<:, D 16.6<:, U 54<:. F 20C); KS 85.47<:; KY 97.4<:; LA 99.93<:; ME 53.05<:; MD 79.74-::; MA 15 7,:; N1185J<:; MN 31 A7<::: NIS 92 5C: MO 61.1 MT 93.9• :; NE 95.80: NV 99.87- NH 95'.: N) 97 NM 58.9- NY 525, : (t. X.8 D _'6.8c. U 16 9- I; NC 71. d'. Nfl v J.r.:. (r )9 9 OK 97.47- :; OR SO.S<:; PA 38.1 <:; PR 99<:; RI99.8< ; SC 78.8<:: SD 99 9<:: fN 92.5<:: TX 33.7,: (L 4.8-:.. D 12.9<:, U 16<:); UT 90.44<:; VT 34.920 (L 668,:, D 1224<:, F 16, 1: VA 840 (L 6.IC. D 8.9C, U 49C. F 20<:): WA 89.39- WV 99.5<:; WI 43.6"< (L 5.7<:, D &9C, U 59<:, F 20C) & WY 99.7<: Avaitabifity Involuntary Unemployment is not available in MA or VT. Family Leave is not available in AL, CT. MA, MD. MN, NM, NY, P.A, orTX. Under-writinic Comotimies [Policy: Involuntary Unemployment: Ameri<:an Security. LOI(5'85). LOI NY(3.'93). AS LOI TX( 11;99). LOIC- IP-KS(2l96). LO1C-IP-CRS-ME(5i85) and LOIC-IF; Standard GuarantyrSG LO) (5'85) (NH only). Life & Disability: Iinion Security Life'L}Z. L-S-G in At., AZ, AR, DE. DC, 10. IL. IA, KS, LA, MD, MN, MS, NY. ND. OH, OK, R1, SD. VT, WA, WV & WY; Standard Guaranty Life (TX only)- L-1- Z(8.92)(3.53RA). First Fortis Life tNY Life only) NYL11,40013. American Security (NY Disability only)/W-S-A, Fortis Insurance (ME onlyi U-X-A. Family Leave American Security/FLP (4/97), FLP-FU 12!97) in FL, FLP- NC (109) in NC, FI P-OK0 97) in OK. FLP-VA(_ )s) iu VA. H - IP(AZ.)(7 96) to AL, I L-IP(4:97) in IL er IN. FL-IP-KS (12197) in KS, FL- (P-MF. (4 991 in NtE: FL-IP-WY(4 97) in WY; Standard Guaranty FLP (4 47) in NH: I tnion Security Life FLP-VT(4. 9'1 in VT. Soliciting agents for Mississippi and Florida are Charles M. Gordon and Pamela Curtin respectively. fhe creditor may receive compensation in connection with this offer- It is a crime to provide false or misleading information to an insurer for the purpose of lefmudmg the insurer or any other person. Penalties include imprisonment ardor fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant 'Less past due and over credit limit amounts. In MI, coverage pays 5% of the balance on your date of disability up to $1250. In OR, coverage pays the greater of 136th of the balance or the current minimum payment due on your date of loss. In NY & PA, coverage pays (he minimum payment due on your date of loss. In T'X. coverage pays the greater of 6 % of your insured outstanding balance oil your date of unemployment of your minimum monthly payment "The number of monthly benefit payments will not exceed 9 for family leave: 12 for unemployment in AL, AK, CT. IL Mt, MN, MO, NM, NC, NY. PA, SC & TX: 12 for disability in .AK, CO, CT, RAY, MA MO M'[. NE- NH. N11-NC'.OR 1,I lN,\ NY, NJ & iX Residents only: To purchase coverages separately, write to Assurant Group, P O. Box 50355. Atlanta, GA 30302. Applications will be sent to you. 2.'4111 MBNAULOI (MBNA - UD Uncapped LOI: FL) 25ro) DISC'-111 MBNA America,(v and UoldY)us!ru are federally registered service marks of MBNA America Bank, NA (0 2000 M BNA America Bank. NA AGMT90 (Revised 4/2001) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 4?4?'J at 4uir der 4/1 'lLIErj-0F i° ICE E P' 1T11'T")0 3 fl', 1 i' 2011 FEB 18 AM 9: 1 I "'UM BERLAINID PENNSYL VA ,1;. , Portfolio Recovery Associates, LLC Case Number vs. Kathryn E. Edgar 2011-1184 SHERIFF'S RETURN OF SERVICE 02/11/2011 04:20 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February 11, 2011 at 1620 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kathryn E. Edgar, by making known unto Eric McCalister, Fiance of defendant at 6 Carter Place, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. VALERIE WEARY, DEPUTY SHERIFF COST: $38.80 February 14, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ?nl nat JJ f' '., ht;n 1 ZF ('C ?:)'t_!??;;_ David -D. Buell' Prothonotary Office of the Prothonotary Cum6erfandfCounty, (Pennsylvania Kirks. Sofionage, ESQ Solicitor 1�- //ay CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • Phone 717 240-6195 0 Fax 717 240-6573