HomeMy WebLinkAbout04-3616
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY,
PENNSYLVANIA
CULL <=-y-~
MBNA AMERICA BANK, N.A.
655 PAPER MILL ROAD
MAIL STOP 1411
WILMINGTON DE 19884-1411
NO. 04 - 3l.1/P
Plaintiff
:
VS.
CIVIL ACTION - LAW
RACHEL M COOPER
4008 DARTMOOR DR
MECHANICSBURG PA 17050-2193
:
:
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 tiene viente (20) dias de plazo al partir
de la fecha de lademanda y la notifiation. Used debe presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus
defensas 0 sus objeciones a last demandas en corta de su persona. Sea avisado que
si used no se defienda, la corte tomara medidas y psedido entrar una orden contra
used sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido
en la peticion de demanda. Used puede perder dinero 0 sus propledades 0 otros
derechos import antes para used.
LLEVE ESTA DEMANDA A UN ABODOAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE
EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA 0 LLAME POR TELEFONO A
LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA 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. 112572890
J.lO~
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
NO. OLl- 3~{~
C~oL't~
Plaintiff
:
VS.
CIVIL ACTION - LAW
RACHEL M COOPER
4008 DARTMOOR DR
MECHANICSBURG PA 17050-2193
Defendant(s)
COMPLAINT
Now comes the Plaintiff, MaNA AMERICA BANK, N.A.
attorneys, and the law firm of Wolpoff & Abramson, L.L.P.,
and in support aVers as follows:
, by and through its
and files this Complaint
1. 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, RACHEL M COOPER
a last known address of
, is an adult individual with
4008 DARTMOOR DR
MECHANICSBURG PA 17050-2193
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. 112572890
JJ.VI
5.
showing
account
Plaintiff provided Defendant(s) with copies of the Statements of Account
all debits and credits for transactions on the aforementioned credit card
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
unpaid on Defendant's credit card account, as a
Defendant(s) and/or any authorized users is the
remaining
result of
sum of $
balance due, owing and
charges made by said
3778.40
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 1S 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),
RACHEL M COOPER , in the amount of $ 3778.40 plus costs of this
action and such other relief as the Court deems proper and just.
Respectfully submitted,
J!~/.o/~o"
Daniel F. Wolfson #20617
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 17403
(717) 846-1252
Counsel for Plaintiff
SOARB2/PACCP
W&A FILE NO. 112572890
ArTORNEY 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: -=1 (9-ff!O I
_/I::j~2
Daniel F. Wolfson #20617
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 17403
(717) 846-1252
Counsel for Plaintiff
PAVERF/PACCP
W&A FILE NO. 112572890
--_.__.~ ...'....,-,~-
0165
EXHIBIT "A"
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Yoltr Cofttnta With Us
Your Credit Card AiTeemenl with us consists 0/ these
Additional terms and Conditions and the document called
the ReqUired Federal DlsclosureB'Dr the '/nltlal DisclOsure. .
You agree to the tenns and conditions o/thlsoAgreement. I
the purpose a/the I'riWlctI.N~..we wl~. "" the definitions
contain"" in the third para,ii1pli'ofthe PilViI<j.Noilii. Foilt
remainder 0/ the Alteement. we wlll use the definitions
descrlbed under the sectIon 'headlng Words U58I O{tlo i.
Tfris Ag,......1.
Privac/l Notice
Your prIYIICf Is ImportllJlt to lIIl At.MBNA. we are
committed to proVldlna you with the finest financial
products and .servlces backed by conslstently.top-quallt
service. And while Infonnatlon about you Is fundamenl
to.our ability to do thls,.~e. fully Il!COiI1lZe the importar
oIl<eepina personal and acx:ount)nformation secure.
To olferyou thewid<:st raJ;l8e9i.products and~CJ
MBNA' may Shan, In/ormation abOut you both within
MBNA and outside of MBNA with other companies.
This allows us. to offer yot! pmUcts and servi<;e5 thai
may interest yOu and be~ /jiliefYour'needs; whether
they are available directly from MBNA or throuih OUI
relationships with other conlpanies: We want yOu to
understand our Information silleiuards. what infonnatlc
we collect. *hat Inlorinati6irwe share, and tlie bene/lts
yw'recelve when-.ie share'ln/ortnatlon about you.
This notice descrlbes the privaey practices 0/ MBN,
Corporation and all MBNI'I illflllafes. including MBN....
AmeriCa Bank. NA., MBNA Arniiiica (Delaware). NA.,
P~IIJdian Travel Seivltel!, lril::; MBNA Hallmark .
in!onnatlon Seivices. 1nc.. MBNA Marketing Systems.
I!>:.. and MBNA Insurance Aieney. Inc. (collectively,
"NBNN). for financial products and services goVeme.
bj ihe laws of the United .Siai"',O/Arnerica. This
nOtiCe explains MBNA's lrilonnatlon collection and
s~..ring practices and. lets you choose whether or not
MBNA may share certain!rifonnatlOn about you, eith.
wthln MBNA or outside of MBNA with other companl.
Our Secullty Procedu..... MBNA un~er,;iands the
IlJIportance 0/ protectllii and securine Infonnation and
u~ine It appiopr;ate!Y. ~ to Inlom\atlon about yo\
. Is restricted to the people of MBNA who require It to
plOVide products or services to you. We maintain phys:
011. electronk: and procedural safeguillds that comply
with federal standards lor the security oIlnlonnatlon.
When MBNA shares infonnation about you with
companies outside 01 MBNA. we require. them to
,impose safeguards. use It only for a ~nnltted purpos.
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and to return it to us or destroy it once that.purpose is
served. We limit the amount 01 information shared to
what Is appropriate to oller a product or service effi.
clently. MBNA requires any company receivina Inlor.
matioll.1!:9m MBNA to sign a Confident/allty Aireement
containing these requirements and oblisatina that
!X'mpany to protect the Infonnatlon as we would.
. Informadon We Collect: MBNA collects and uses
nonpublic personal,lnfonnation about you to conduct
our business and to consistently deliver the top-quallty
Customer service you expect from us. Sources 01 this
information Indude the following:
. In/onnatlon we receive from you on applications
and other forms or through your correspondence or
communication with us Includins through the mall, .
by telephone. or over the Inteinet;
. Infonnation we receive lrom third partieS': such as
consumer reporting agencies, to verlfy statements
you've made to us. or regarding your employment,
credit. or other relationships; and
. Infonnatlon about your transactions with MBNA and
with other companies outside 0/ MBNA.
Informadon We Sha.. WIthin MBNA: We may
share all of the Infonnation we collect about you willi
financial service companies within MBNA to offer'addl.
tlonal products or services that may Interest you and
best meet your needs. We believe this is convenient'
for you and may save you both time and money. To do
so. we share Identification Inlonnatlon (such as name
and address I. transaction and experience information
(such as purchases and payments). credit eligibility
inlormation (such as credit 'reports and applications I,
and other in/onnatlon. The decision to purchase any,
such products or services is yours alone. You may tell IS
not to share credit eligibility Inlormatlon about you with-
in MBNA, but please und_nd this does not prohibit
us from ollerina yoU additional products and services or
from sharina transaction and experience, identification. .
and other inlonnation within MBNA.
Information We Share WIth OtJi_ From time to
time. we may allow companies outside of M'llNA to offer
you their products and servloes that may Interest you.
These products and services may be offered by financial
service providers (such as banks. loan brokers. aa;ount '
aggtellators, insurance agents. Insurance companies,
mortgage bankers. and securities broker-<lealersl. by
nonlinancial companies (such as retailers. direct mar-
keters. communications companies, Internet service
providers. manufacturers. service companies. travel
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aeents. cruise lines. car rental aeencies. 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 inlormation we collect with these companies out-
side 01 MBNA. unless you tell us not to.
AddItionally;-W<! may share all the infermation we
collect with companies that perform marketing or other
services on our behall or to other financial institutions
with which we have loint marketing aereemenlS. We
are also permitted by law to share inlormatlon about
you with other companies in certain .circumstances.
For instance. we may share all 0/ the inlormatlon we
collect with companies aSSisting us in servicing your
loan or account, with companies that endorse our
products and services through affinity agreements.
with eovemment entitles in rt!Sponse to subpoenas or
regulatory requirements, and with consumer reporting
agencies. II you tell us not to sha", Information with
companies outside 01 MBNA that Wish to oller you
their products and services, as described above. please
understand that we wlll continue to share Inlormatlon
in these additional circumstances.
ImportantlnfClrmatlon About Your Choice, We're
dedicated to servine your needs " and to respectine YOUl
choices related to privacy. You may tell us not to .share
credit ellglbility Information withIn MBNA. and you may
tell us not to share Inlormation with companies outside
of MaNA that wish to oller you their products and services
as described above. II you wish to opt out 01 such
In/ormation sharing, please calltoll.free 1-ll6b-751-1255.
We will ask you to verily 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 lor deposit accounts available when you call.
MBNA applies opt outs at the account level. not by
individual Customer. When any person listed with others
on an account opts out (lor example, a co-applicanl. joint
acmunt holder. or authorized userl. we will list the entire
account as havlne opted OUI. MBNA will continue to
adhere'to Its disclosed privacy practicelflc,an account
even If It becomes inactive or Is closed. ,.
An opt out lrom inlormation sharing on an account
as described above, either within MBNAandlor with
companies outside 01 MBNA. remainsellective unless
revoked In writing. Federal regulatlons'feIluire us to
provide this notice on an annual basis,.whether or not
an account has previously opted oulofrllm'l!llher type
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01 inlormation sharing. Please remember when you
receive our subsequent notices that an account previou
opted out from either or both typeS 01 inlonnetion shari
land not revoked In writing) does not need to be opted
oUlagaln.
... -'!'hIs' notice updates and'replaces'any'previous
notices lrom MBNA about the privacy. security. and
protection 01 information. For additional informatlo:
reprding MBNA's privacy practices concemlng the
Internet, and to .view the most recent version 01 this
privacy notice. please go to www mbna.com and did
on 'Privacy Notice." You may' have other privacy pro-
tections under state laws. We may amend this priVSI
notice at any time. and we will Inform you 01 change:
as required by law.
Words Used Often in Tlils Agreement
"Aireement" or "Credit Card Aireement" means these
Addltlanal 7erms and Conditions and the Required Federal
Disclosures (or the Initial DisclOsure) and any chang,," we
make to those documents from time to lime.
"You. and .your" mean each ilInd all of the persons who
art! cranted. accept. or use an account we hold. "You. an,
"your" also mean any other person who has guaranteed
payment ot this account, when used In the sections entitJe
w. McIV Ma.,"" <1/4 R<<ord Ttltplto.. Calls and MII"'liI1. and
Litifdti&1'I and when used in each of the sections re'aUna t<
payment of this account (Your Pro_ist to Pcl~. and How WI
Aifotatf YOM' Pavnuats. for example).
"We: "us: "our". and "MBNA Amerlta" mean MBNA
America Bank. NA.
"Card" means an the credit cards ~ issue to you and to
any other person with authorization to use this account
pursuant to this Aereement.
"Access check" means an access check. we provide to you
to make a Ched Cask Adva~ on your account.
If we use a capitalized term in this document but do not
define the term In this document. the lerm has the meanilll
elven In the Required "ederal Disclosures or the Initial
Disclosures, or IS used In your monthly statement.
We use section headil1l5 tsuch a, WDIIIs Usod 0(Int ill TfIis
Ag........Uto oreanize this AiM'""nt. The actual term, 01 this
Aereemenl are in the ,ententeS that follow and not the headi",
Sign Your Card
You should sien your card before you use It.
We Mil" Monltorllnd Record Telepfaone Cal
You consent to and i1iuthorize MBNA Americe. any of lt~
affiliates. or its marketing associ,tes to monltor andlor reco
any of your tele"hone conversations with our representatiVE:
or the representatives of any of those companies.
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Credit RePflrting Agellcles
You authorize MBNA Amelica 10 collett inlonnalion about
you. Includlne credit repollll from consumer reportlne agendes.
It you believe we have furnished inaccurate or incomplete
information .bout you or your .ccounllo . credit reportine
...nc:y,..wrlle us .t, MBNA. CredlfReportlt\l "'endes; P.O. . ..
Box 17054. Wllmineton. DE 19884-7054. PI.... Include your
neme. address. home phone number. and account number.
. and explain what you believe is inaccurate or incomplete.
How to Use Your AccoUllt
You may obl.ln credit In the tonn of Purch.... .nd Ca.h
Advances by. usJne your cards. acCess chedcS. .account numoe~.
or other'credlt devices. .p)ease refer to'your. Required federal
Disclosures or Initial Disclosure to determine what transae..
tlons constitute Purchases and cash Advances and how you
may obtain them. . \
Trimsaaioll DatiforCerllll1l Casli Advances
The .trsosactlon date tor Check Cash Advances and Balance
Transfers done by check Is the date you or the person to
whom the cheel< I.m.de payable first deposIts or ca.he. the
check. The tronsoctlon date for. returned paym.nt (which
will th.n be c1...lfIed as . Bank Ca.h Adv.ncel Is the date
that the corresponding payment posted to your account.
Purposes for Using Your Account
You may use YoUl account fOl personal. family. or household
purposes. You may not use your account for business or
commercial purposes. You may not use . Cheek Cash
,Advance. or any other Cash Advance. to make a payment on
this or any other aedit Iccount wlth us. You may not use or
pennit your account to be used to make any !Heaal transaction.
Persons Usillg Your Acwullt
If you pennil any peISOl110 use your card. occess chedcs.
account number. or other 'credit device with the authorization to
obtain credit on your oa:ount. you may be lI.bl. for .11 transoc-
lion. made by lhatperson: Includlne transactions lor which you
may not have Intended to be liable. even if the amount of those
lransactlons causes}'Glll aedIt limit to be exceeded. Authorized
users of this account may have the same access to information
.boutlh. occount .nd lis users as the .cecunt holders.
How You Mill/ Stop Pal/mellt on IIn
Acuss Check
You may request. stop peym.nt on .n 'CC'eSS cheel< by pro-
v1dlne us wllh Ih. .~ check number. doll.. ",""unt. .nd
payee exactly.. they .ppeo' on the occess check. Oral .nd
written stop payment requests on an access c:hedc are effective
lor .Ix month. from the cloy that we place the otop paym.nt.
You Mal/ Not PostlLlte 1111 Acuss Clieck
You may not Jssue a postdated access check on your
",mwnt. If.you do postd.te.n.ccess chedl,._m.y elect to
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honor it upon presentment or mum it unpaid to, the person
who presented it to uS for payment. without. in either case
w.ltlne fa, the dat.. shown on the access cheel<. W. are n";
lI.ble to you 10' .ny loss 0' expen.. Incurred by you a,'slne
out of the .ctlon we elect to take.
YDur-.Promiseto Pall
You promise to pay us the amounts 01 all aedlt you
obl.ln. which Includes all Purch.... .nd Ca.h Advonces.
You also promise to pay U5 all the amounts of finance
CMree5. fees. end any other transactions we cherae against
your account.
Pal/menu on Your AuDvnt
You must pay .och month .1 least the Total Minimum
Payment Du. .hown on your monthly Slal.m.nt by.your
Payment Due Date. You may pay the entire .mount you 0Wf
u..t any tlm.. Paym.nts mad. In .ny bllllne'cycI. th.t ...
great.r th.n the Tot.1 Minimum P.ym.nt Du. will not .lIeet
your ablla.tlon to make the next Tota) Minimum PaYment
Due. If.you overpay 0' If there i. a credit bol.nce on you, .
ICcount. we will not pey int.rest on .uch .mount.. W. will
reject paym.nts th.t .re nol drawn In u.s. doll.rs .nd those
drawn on finilnci.1 institutions Jocated outside the United
States. Payment of your Tota' Minimum Payment Due may
not avoid the assessment of OverJlmlt Fees.
Wlien YO!lr Pal/ment Will Be Credited
to Your Account
w. credit paym.nts .. of the dlt. rec.lved. If the paymer
I. (I I received by 2 p.m. (East.m 11m.l, (21 received al the
address shown In the upper left.hand comer of'tht front of
your monthly .t.tem.nt, 131 paid with a check drawn In u.s.
dolJars on a U.S. fin~nciaJ Institution or a U.S. dollar money
order: and (41 sent inthe retum envelope with only the top
portion of your statement .ccompanyine It. Payments
,ecelved .h.r 2 p.m. on .ny d.y.lncludlt\l the P.ym.nl Du.
Date. but that otherwJse meet the abpve requirements. will
credited as of the next day. Credll for .ny oth.r payments
may be d.layed up to fiy. days.
How We Allourte Your.Pal/mellU
We will allocate your payments in the manner we deter..
mine. In mostlnstonces. we wlll .lIocat. your payments to
bol.nc.. i1ncludlne new IlInlOctlon.) With low.r APR. beIo
bolances with hieher APRs. This will result In new bolances
with low.r APRs "uch .s those wlth promotion.1 APR oller.
beine peid before .ny oth.r existlne bol.ncos.
Promise to PAil Applies to All Persolls
All person. who Inlll.lly or .ubsequenlly request. .ccept
guarantee. or use the account are indjylduaJJy and together
responsibJe for any total outstanding baJance. We may rew
to r.I.... tram lI.blllty any person who Is respon.lbie to Pi
.ny 'alii outstandln, bolance. until all at lh. carel.. ICC1!SS
checks. and other credit devJces outstandlne under the
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a<:count have ~n returned to us and any such person or
pe!$Ons repays us the total outst.ndlng bal.nce owed to u.
.t any time under the terms 0/ this Aereement.
Deflllllt
You wll/ be in def.ult of this Aereementlf, I I) you f.lI to
make any 'required Total MinImum Payment Due by it$' ..
. Payment Due Oate; (2) your total outstandine bal.nce
. exceeds your credit limit: or 131 you fall to abide by .ny other
term of this Allreemenl. Solely for the purposes. of determln-
ine eligibility .nd premium payment obligations for the
optional credle Insurance purch.sed through MBNA. you will
be deemed In default or delinquent II you f.Uto make a 'pay-
ment within 90 d.ys of your Payment Due Oate. Our fallu",
to ..erclse any of our rights .when you defa~!t does n.ot me.n
that we are unable to exercisinhose rtlihlS.Upon later delault.
Whell We Mal/ Require IInmediate Pal/ment
If you are in default. we can require Immediate payment
of your total oumanding balance and. unless prohibited by
.pplicable'law and except as otherwise pro_.lded under the
MUnition ""d Utif41tiDII section of this Aer,tement, we an
also require you to pay the costs we incur in an)' coUecUon
proceeding. as well as reasonable attomeys' lees If we ",fer
your acxount for collection to an attorney who is not our
s.larled employee.
Other PIII/ment Terms
We can .ccep, i.t. paym.nts. partial payments. or paym.nts
with any "'strtctlve wrltlne without losing any 01 our rtihts
under this Aareement. This means that no payment. IncJudine
those mlrked With ~Pald In full" or with any other restrictive
. words, shall opeRlte as an accord and satisfactjon without the
prior written approval of one of ..our senior offltelS. You may
, not use e postdated check to make a payment. 1f you do
postdate a payment chedt. ,we may elect to honor It UlJOn
presentment or return lt~uncredjted to the person who presented
It. without. In either case. waltine for the.date shown on the
check. We are not liable to)'O.lJ for any Joss or expense
Incurred by you artsln, out of the .ctlon w. .Iect 10 take.
Pal/men. Holidall'
We may allow you. from lime to time. to omit 0 monthly
paymen:. We will notify you when this option Is _liable. If
you omit a payment. finance challes and .ny applicable fees
wllla<XnJe on your account In mrdan<< wtthl/lls
Agreement. You "must re5umll! makJne: yourTo~um
Payment OUt each month lollowlne a payment holiday.
Trllnsactlons Made in Foreign C""elldes
If you m.ke . transaction In a.forel8n curm>cy. the trensactlon
will be converted by Visa InternationaJ or MasterCard
Int.matlonal. depend1ne on which card you u...1I1to.. U.S.
iollar amount In accordance with the operallne rquletlons or
:onversion procedures in effect at the time that the transaction
; pro<ossed. Currently. tho.. regulations anel.llllK'ftlu1OS
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provide that the currency con....rsion rate.lo be used Is eltho
II) a wholesale m.rltet rate or (2) a g"""",ment-mandated
rale in eIlecr one day prior 10 the processing dale. il1ClQ$el
by'on. pet<:ent in each case. Visa or MasterCard retains thl
one percent as compensation. for performing the cunency
.". -conversion service. The currency conver;ion.rateJA effect 0
the processing dOle may dlller from the rat. In eIlect on the
transaction date or the POSting elale.
Blllillg CI/de
Your bllline cycle ends each month on a Closlne Dale
determined by us. Each billing cyde begins on the day aile
the Closine Dale 01 the p"""ous bllllne cycle. Each stateme
reflects a Single bllllne cycle.
Account Fel!$ IIlId Charges
- F_. The following I.... whld1 are ~ forth In l'O:
RequIred Federal'Disdosures or 'nltJjjl OI$dostni:. are charp(
as Purcha... In the billing cycl. In which the lees accrue,
II J . !.lite Fee 1/ the '/bird Minimum. Payment Due shown on
your monthly statement Is not received by us on or belore I
Payment Due Oat.; .
(2) an Overtlmlt FOell your New Balance Total exceeds your
credit limit on the last doy ola billing cycl.. 'even II lees or
finance charges charied by us cause your New Balonce Tatal
to exceed your credit limit, on Overllmlt Fee 1$ challed to l'l'
account as 01 the day In the billing cyde that the tolal out-
standing bai.nce on your.ccount .,,ceeds101J! credit limit;
('3) a Returned Payment Fee If I payment. on your account),
returned for lnsuffklent funds or for .ny other ~.son. even
It is paid upon subsequent presentment;
14) a Returned Cash Advance Check FeeU w. return an oceo
check unpaid for .ny re.son. even If the access <heck Is paie
upon subsequent presentment:
(51 a Copy Fee lor .ach copy of . monthly statement or sal.
draft. except that the siX most cecent monthly statements 81
six sales dralls will be provided lor ~: and
(6} an Annual Fee if your acccunt is open or If you maintlln
.n account balance. whether you have active charging prtvl.
leaes or not.
Abond""ed-Property CIia...... Unl..s prohibited by
applicable I.w. ~ will charge your account. os a Purch....
lor any costs Incurred by us associated with complyinl wtth
stat. abandoned-property laws.
Pl.... r.vlew your Required Federal OI~osur.. or Inltla
~isclosure lor .ddltionallees and charges that may apply I<
your aCCOunt.
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Benefits
We may offer you certain benefits and services with )Our
account Unless expressly. made a part of this Acreement. a
such benelits or services are not a.patt of this Aereement tn
ore sublect to the terms .nd restrictions outlined In the bene!
brochu", and other offidal documents provided to you lrarr
time to time by or on behall of MBNA America. We m.y
. .,.... ~
8
adlust. add. or delete benefits and services at any time and
without notice to you.
Refusal w Honor Your Auount
We are not liable for any refusal to honor )'OUl account.
This can indude a refusal to honor your card or account numbel
or any check wrinen on your account. We are not liable for
any retention of your card by U5. any other bank. or any
provider of 1l00ds or services.
We May Suspend or Close YourAuount
We may SU$pend or dose; your account or oth~se terminate
your rieh.t to use your account. We may do this at any time
and for any reason. YOUl obHgatJons under this Agreement
continue even after we have done this. You must destrOy all
calds. accesHhedcs. and other:aedn devices on the account
when we ~uest that you do 50. ,
You May Close Your Auou,Jt
You may close your .CCOIlnt by notllyiilll' us..!!! wrltlne or by
telephone and destroying 'aU cards. access checks. and other
credit devices on the account. Your obligations under this
A&reement continue even afte~ y~U have done this.
Transactions After Your Account Is Closed
When your account Is dosed. you must contact anyone
authorized to charee transactJons to your account. such as
internet service providers. heaJth dubs. or Insurance compa..
nies. These trall5act)ons may continue to be chareed to your
account until you ch.nee .the billlnll. Also. II we believe you
hive authorized a transaction or are attemptine to use your
account after you have requested to close the account. we
may allow th~ transaction to be charled to )'our .account.
We May AmendTflls Agreement
We ma)' amend this Aireement at any time. We may
amend it by addlne. dt!letine. or chaneine provisions of this
Alreement. When ~ amend this Aereement. we wUl comply
with the applicable notice requirements of federal and
Delaware law that are in eflect 'at that time. It an amendment
Illves you ,he opportuniiy"!i> rele'" 'he chanee, and If you
reject the chance jn the manner provided in such amendment.
we may terminate your rieht to receive credit and ma)' ask -you
to return aU .credlt devices as a condition of your rejection.
The amended Aireement llnduding any higher-rate or other
hlllher charll" or I"'l will apply to the tocai outstandinll
balance. includinll the balance existing before the amendment
became effective. We may replace your card '4dth anocher
card at..any time,
We May Sell Yeur Account
We may at any time. and without notice to you. sell. 8ssijn
,or transfer your account. any sums due on WlUf Iccount. this
A;'reement. or our rights or obligations under your account or
this Agreement to any person or entity. The person or entity
..Jo:Nhom we make any such sale. 8sslgntneRt or_transfer shall
. ...~.
9
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be en<ltled '0 all of our riehlS .nd/or obllll.tions under this
Agreement to the extent sold. assigned or transferred.
Your Credit Umlt
Your aedlt limit Is disclosed to you when you receive.your
card and. Ilenecally. on each monthly statement. We may
chanee your credit limit from time to <lme.
The amount shown on your monthly statement as Cash or
Cfedlt Available does not take Into account .ny Purch.....
Cash Advances. finance charees. fees. any other tTansac.tjon~.
or credits that post to your account aher the CJosine Date of
,hat monthly statement. Such tcansactlons could result In
your credn limn belne exceeded .nd result In the a.....ment
01 OYerllmlt F....
Wflat We May Do If.You, Attempt W
Eueed Your Credit Umlt
The total outstanding bal.nce on your accoun' pIus
authoru.ations at any time'muSt. not be more than your aedit
limit. If you attempt 8 transaction that results in your total
outstanding balance (plus authorizations) exceedine your
credit limit. we may (II permit the transaction without ,alslne
your aedit limit: (2) permit the transactJon and treat the
"mount of the transaction that ois more than the <<edit limit
as immediately due; or (31 refuse to permit the transaction.
If we refuse to permit the transaaion. we mey advtse the
person who att~mPted the transaction thet It has been refused
If we refuse to permit III Check Cash Advana: or Balance
Tr.nsler. we may do so by advlslne the person presen'lne the
Check Cash Advance or Balance Transter that credit has been
refused. that there are Insufficient funds to pay ,he Chedt Cash
Advance or Balance Transfer. or in any other manner.
Il we have previou~Jy pef'!Jlitted you to exceed your credit
limit. it does not mesn thlt. we will permit you to exceed your
credi' limit allain. if we decide to permit you to exceed your
c.redit limit. we may charle an Overlimlt Fee as provided in
this Ae;reement.
Unauthorized Use of Your Card
Ple.se notify us Immediately of the loss. thell. or posSible
unauthorized use of your account at I ~8()()..441..8027.
You Must Notify Us When You Change
Your Address
We strive to keep accurate records for your benefit and
ours. The post office .nd others may nocify 11. of a ch.nee to
your address. When you chanae your .ddress. you must notify
us promptly of your new address.
Wflat lAw Applies
This Agreement is made in Delaware. and we extend aedJt
to you from Delaware. This Agreement Is eoverned by .the
laws of the State of Delaware (without reeard to its conftict of
l.ws prlnclplesl and by any applicable fede,allaws.
. ,~,'.'
10
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'The Provisions of This Agreement Are
Severahle
1 Jf~ny provision of this Aereement is found to be inyalid,
;the remaining provisions will continue to be effectJve.
,Our. Rights Continue
( Our failure or deJay in exercising any of our rights, under
itms Aereement does not mesS) that we are unable to exercise
>those Tights l.ter.
;Arhltration and Litigation
j This ArilitJation .nd Ut/iOtion provision appll.. to you.
iunless)ll>ll ...,re gt""n the opportunitY to relect the ArbITnltion
jarld Ut/iOtlon provisions. and you did so reject them. in the
imanner and timelrame required. If you did relect eRoctlVely
,such. provision. you agreed that any litigation brought'bY)ll>ll
IllilIlnst us regardine this account or this /l€reement shall be
,blOUlht in a court I""'ted In the State of Delaware.
I . , .
i.. My c1.lm or dispute ("Claim") by either you or us .1l.lnst .
/the other. or against the employees, aeents. or assigns of the
iether, .ar:isina from or relaUna in any way to this Alreement or
iany prior Agreement or your account (whether under a
jstatute, in ~ntract. to:rt. or otherw~se and vi~ether fOF money
'da_. penaltl... or decl.,atory or equltable'relief).lnclud.
Inll Claims roea,dlnll the .pplicabllltY of this Arbitration and
;Litleation section or the validitY of the entire Aereement or
;any prior Aereemenl. shall be resolved by blndine arbitration.
: The .rbfiration shall be conducted by the N.tional
\Arbltr.tlon Forum ("NAF"'). under !he Code. of Procedure In
ieffect a! the time the CI.lm is flied. Rul.. .nd forms of the
iNeUona' ArbitlilUon Forum may be obtained and Claims may
:be flied at any National Arbitration forum office. www .Brb~
Jforum mm, or P.O. Box 50191. Minneapolis. Minnesota 55405,
;telephone 1-800-474.2371. If the NAF Is unable or unwllline
;to act as arbJtcator. we may substitutt another nationally
lreco;nlzed. independent arbItration oreaniutlon that" uses a
'slmll.r code of procedure. At)ll>ll' written request. we wlll
~nce eny arbitration ftline f... 01 .dmlnlslratiw! end he.rine
.fees that you are required to pay to pUIS"" a Cleim In orbl'ra'lon,
The arbltrato, will decide who will be Ultimately _nslble
'lor paylne those f.... In no event will )11>II be required to
'relmbu",e us tor .ny .rbltratlon nline. .dmlnistraliVe or hear.
;ine fees In an amount ireater than whet your COWl.costs
,would h."" been If the Claim h.d been resolved In I Itele
.court with lurisdlction. AllY a/bltratlon hearlnrC which you
appear will t.ke place within the foder.lludlcl.l....kl th.t
'Includes your billing address .t the time the CleJm Ie filed.
This arbitration aereement is made pUl'luant kt-aJrantaction
invoMne Interst.te commerce. .nd sh.1l be eovemed by the
'oderal Arilitratlon A<:%. 9 U.s.C. ~! 1-16 ("FAA"). ludement
'pon .ny arbitration aw.rd m.y be entered In ...y court hav.
19 jurisdiction. The erbitrator shall follow exilllDe-aubstan.
.. law to the extent consistent with the FAA and_llcable
atut.. of IImit.tlons .nd shall honor any c1.lms Of privlleee
"'inized by I.w. If any party requests. the atI!iJ/lIlIl9half
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write an opinion containine' the reasons for the award.
No Claim submitted to arbitration is he.rd by a lu'Y. and
no CJaim may be broueht as a class action or as a private
attorney eeneral. You do not h..... the rieht to act .s e class
repr..entatlve or participate .s. member 01 a class of
claimants with respect to .ny Claim. This ATbltratlon .nd
_Lttig.llon section .pplles to .n CI.lms now In ~Istence .or
that may eri.e in the future.
This Arbitration .nd Utteation section shan SUNI"" the
termination of your account with us as welt 8S any voluntary
payment 01 The debt In fun by )'!lu. any bankruptcy by you. 01
sale of the debt by us.
Forthe purpos.. of this ATbltr.tlon .nd Lltleatlon section.
"We. .nd .Us" means M/lNA America Bank. NA. Its parent.
subsldlarl... afflli.tes. llcen...., predeceSSOfS. SU<:Cessors.
.sslens. and any purch.se, of YOUT account. .nd .11 of their
officers. directors. empJoyees. agents. and assJlns or any and
.n of them. Additionally. "we" or .u." shan mean any thin!
party providlne benefits. services. or products In connectiOn
with the .ccount lincludine but not limited to credit bumus.
merchants that accept any credit drAc:e issued \Jnder the
account. rewards or enro))ment services. credit insurance
companies. debt coilectOfS. .nd .11 of their officers. direttors.
emploYees and aeents) If. and only If. such. third party Is
named by you as a codefendant in any Claim you assert
8esinstus.
If any part of this Arilltratlon and Litl8atlon s.alon Is
found to be invalid or unenforceable under any law or statutt
consistent with the FAA. the remainder of this ATbitr.tlon an,
Utleatlon section shall be enforceable without reprd to sud
InvaUdltY or unenlon:eabllitY.
THE RESULT OF THIS ARBITRATION AGREEMENT is
THAT. EXCEPT AS PROVIDED ABOVE. CLAIMS CANNer BE
LTTlGATED IN COURT. INCLUDING SOME CLAIMS THAT
COULD HAVE BEEN TRIED BEFORE A JURY. AS ClASS
ACT/ONS. OR AS PRIVATE A'I'1'ORNEY GENERAL ACTIONS.
"
.......
/2
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EXHIBIT "B"
~
III
NATIONAL
ARBITRATION
FORUM III>
MBNA America Bank, N.A.
c/o Wolpoff & Abramson, L.L.P.
Attorneys in the Practice of Debt Collection
702 King Farm Blvd, Two Irvington Centre
Rockville, MD 20850-5775
CLAIMANT(s), AWARD
RE: MBNA America Bank, N.A. v Rachel M Cooper
File Number: FA0311000207498
Claimant File Number: 4313080999824762
Rachel M Cooper
4008 Dartmoor Dr
MECHANICSBURG, PA 170502193
RESPONDENT(s).
The undersigned Arbitrator in this case FINDS:
1. That no known conflict of interest exists.
2. That on or before 10/31/2003 the Parties entered into an agreement providing that this matter shall be
resolved through binding arbitration in accordance with the Forum Code of Procedure.
3. That the Claimant has filed a claim with the Forum and served it on the Respondent in accordance with Rule 6.
4. That the matter has proceeded in accord with the applicable Forum Code of Procedure.
5. The Parties have had the opportunity to present all evidence and information to the Arbitrator.
6. That the Arbitrator has reviewed all evidence and information submitted in this case.
7. That the information and evidence submitted supports the issuance of an Award as stated.
Therefore, the Arbitrator ISSUES:
An Award in favor of the Claimant, for a total amount of$3,778.40.
~.# 4I~
Ho rab Jack M. Marden
Arbl or
ACKNOWLEDGEMENT AND CERTIFICATE
OF SERVICE
This Award was duly entered and the Forum hereby
certifies that a copy of this A ward was sent by first
class mail postage prepaid to the parties at the above
referenced addresses on this date.
Entered in the State of Pennsylvania
~.J_
,J( \~_
Date: OS/25/2004
Honorable Harold Kalina, Ret.
Director of Arbitration
OS/2512004
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-03616 P
COMMONWEALTH OF PENNSYLVPillIA:
COUNTY OF CUMBERLAND
MBNA AMERICA BANK NA
VS
COOPER RACHEL M
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
COOPER RACHEL M
was served upon
the
, at 2002:00 HOURS, on the 2nd day of August
2004
DEFENDANT
at 4008 DARTMOOR DRIVE
MECHANICSBURG, PA 17050
RACHEL COOPER
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
9.62
.00
10.00
.00
37.62
Sworn and Subscribed to before
me this <j.!e.
day of
~ J,w'{ _ A.D.
qlw1.L- Q }n,.U"" Ad~
Pf-othonotary ,',i
So Answers:
.r~~J
R. Thomas Kline
08/03/2004
WOLPOFF & AB~ff~ .lJ1!
By: ~7fu
Deputy Sheriff
IN THE COURT OF COMMON PLEAS
COUNTY OF Ol\f\W~.STATEOF ~e1\(\':B\\\OX\iCl-.
\'<\ ~~!\ A('(tilc..a-. ~cmt, \'(\A *
Plaintiff, *
: CASE NO. Ol...\~ \(0
*
*
*
v.
~d Y'A.~
Defendant.
DEFENDANT'S ORIGINAL ANSWER
NOW COMES Defendant, j?or.ne\ m.~~ed Defendant in the above-
entitled and numbered cause, and files this Original Answer, and shows the Court:
1. DENIAL
Defendant, after reasonable investigation, is without knowledge or information sufficient to
form a belief as the troth of the averments in Paragraph L of Plaintiffs petition and each of them.
Defendant, after reasonable investigation, is without knowledge or information sufficient to
fonn a belief as the troth of the averments in Paragraph L of Plaintiffs petition and each of them.
Defendant, after reasonable investigation, is without knowledge or information sufficient to
form a belief as the truth of the averments in Paragraph1iQofPlaintiff s petition and each of them.
PRAYER
Defendant prays the Court, after notice and hearing or trial, enters judgment in favor of
Defendant, awards Defendant the costs of court, attorney's fees, and such other and further relief as
Defendant may be entitled to in law or in equity.
Respectfully submitted,
BGK~-lY\~
Name:EocneJ rY\ (;cnpt'f
Address: qacl lnr'1iX"CD\ lliLJt'
-I'f\€Ch:::ll"'licsb0Plj PA
'no::,o-& A3
Phone: lJlll) '1 ~ -l019
CERTIFICATE OF SERVICJj;
I certifY that on A~\ EatJ ' 20.Q:L a true and correct copy of Defendant's
Original Answer was served n Plaintiff's in accordance with 'Ve.I'\I\5:j \~io.... Rules of Civil
Procedure.
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(,.)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, NA,
Plaintiff
NO. 043616
vs.
CIVIL ACTION - LAW
RACHEL M COOPER,
Defendant
PLAINTIFF'S PETITION TO CONFIRM
ARBITRATION AWARD PURSUANT TO 42 Pa.C.S.A. ~7313
AND NOW, TO WIT, this ~ day of ~ hO-,,-, 2004, comes the
Plaintiff, MBNA America Bank, NA, by and through its attorneys and the law firm of
Wolpoff & Abramson, LLP, and files the following Petition to Confirm Arbitration Award,
and in support avers as follows:
1. Plaintiff/Petitioner, MBNA America Bank, NA, is a Delaware corporation
doing business within the Commonwealth of Pennsylvania, and the other states of the
United States, with its principal place of business situated at P.O. Box 15718,
Wilmington, Delaware 19850.
2. Defendant/Respondent, RACHEL M COOPER, is an adult individual with
a last known address of 4008 Dartmoor Drive, Mechanicsburg, CUMBERLAND County,
PA 17052.
3. That pursuant to the Credit Card Agreement Additional Terms and
Conditions, which Defendant/Respondent received when Plaintiff/Petitioner issued
Defendant/Respondent an open end credit card account, the parties agreed that this
matter be referred to Arbitration in the event of any claim andlor dispute if the account is
referred to collection. A true and correct copy of said Credit Card Agreement Additional
Terms and Conditions is attached hereto, incorporated herein and marked as Exhibit
"A",
4. That in early 1999, Plaintiff/Petitioner forwarded to Defendant/Respondent
a document titled, "Important Amendments To Your Credit Card Agreement." A true
and correct copy of said document is attached hereto, incorporated herein and marked
as Exhibit "B".
5. That said document again provided Defendant/Respondent with details of
the Arbitration clause, pertaining to Defendant/Respondent's open end credit care
account, in the event of any claim and/or dispute if said account is referred to collection,
and further afforded Defendant/Respondent until January 25, 2000, to notify
Plaintiff/Petitioner by written correspondence that Defendant/Respondent did not wish
for Defendant/ Respondent's account to be subject to said Arbitration Section. See
Exhibit "B" as previously identified and incorporated herein.
6. That Defendant/Respondent did not forward any written correspondence
to Plaintiff/Petitioner by January 25, 2000, in order to opt out of the Arbitration process,
and therefore Plaintiff/Petitioner properly referred this matter to the National Arbitration
Forum pursuant to the Arbitration Section of Defendant/Respondent's open end credit
card account, when Defendant/Respondent defaulted under the terms of the
aforementioned open end credit card Agreement.
7. That the National Arbitration Forum then forwarded to Defendant/
Respondent a Notice of Arbitration and Arbitration Claim form, and said documents
explained Defendant/Respondent's rights and options pursuant to the Arbitration
process. A true and correct copy of Notice of Arbitration and Arbitration Claim form are
attached hereto, incorporated herein and marked as Exhibit "C".
8. That due to the fact that Defendant/Respondent did not provided a written
response to the National Arbitration Forum within the allotted thirty (30) day time period,
to either state Defendant/Respondent's reply and/or defenses to said Claim or to
request a hearing before the National Arbitration Forum, an Arbitration Award was
entered on May 25, 2004, in favor of Plaintiff/Petitioner and against
Defendant/Respondent in the amount of Three Thousand Seven Hundred Seventy-
Eight and 40/100 ($3,778.40) Dollars. A true and correct copy of the Arbitration Award
is attached hereto, incorporated herein and marked as Exhibit "D".
9. That the Credit Card Agreement Additional Terms and Conditions and
document titled, "Important Amendments To Your Credit Card Agreement" both state
that judgment upon any arbitration award may be entered in any Court having
jurisdiction.
10. That Plaintiff/Petitioner has filed the within Petition, pursuant to the
Uniform Arbitration Act, in an attempt to obtain judgment against Defendant/Respondent
in a forum which is better suited to secure a collectible judgment against Defendant/
Respondent, as the aforementioned Arbitration Award is non-binding and unenforceable
outside the scope of the Court of Common Pleas.
11. That Plaintiff/Petitioner is entitled to the relief requested in the within
Petition due to the fact that the aforementioned Arbitration Award was properly obtained
by Plaintiff/Petitioner; because this Honorable Court has jurisdiction over the
DefendanVRespondent to confirm the aforementioned Arbitration Award; and because
DefendanVRespondent did not make an application, pursuant to 42 Pa.C.S.A. ~7314,
within thirty (30) days of receipt of the aforementioned Arbitration Award, with the Court
to have said Arbitration Award vacated, modified and/or corrected.
WHEREFORE, Plaintiff/Petitioner respectfully requests that this Honorable Court
confirm the Plaintiff's Arbitration Award, pursuant to 42 Pa.C.SA 97313, and enter
judgment in favor of Plaintiff and against Defendant in the amount of Three Thousand
Seven Hundred Seventy-Eight and 40/100 ($3,778.40) Dollars.
Respectfully submitted,
;J
ArnY~~
ID No. 87062
Philip C. Warholic, Esquire
ID No. 86341
Daniel F. Wolfson, Esquire
ID No. 20617
Wolpoff & Abramson, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
Counsel for Plaintiff
VERIFICATION
Amy F. Doyle, Esquire, hereby states that she is the attorney for the Plaintiff,
MBNA America Bank, NA, who is located outside of this jurisdiction and in order to file
the within document in an expedient and timely manner, she is authorized to take this
verification on behalf of said Plaintiff/Petitioner in the within action and verifies that the
statements made in the foregoing Petition are true and correct to the best of her
knowledge, information, and belief, based upon information provided by the Plaintiff.
The undersigned understands that false statements herein are made subject to
the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
Amy . Do}\
ID No. 870 2
Philip C. Warholic, Esquire
ID No. 86341
Daniel F. Wolfson, Esquire
ID No. 20617
Wolpoff & Abramson, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
Counsel for Plaintiff
EXHIBIT "A"
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EXHIBIT
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ALl-STA1'E8 INTERNATIONAL
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ru..r \."unLraCL WILn us
Your Credit Card Agre.ement 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 definitlc
contained in the third paragraph of the Privacy Notice. For'
the remainder of the Agreement, we will use the definitiom
described under th, section heading Words Used 01". in
Tnis Agreement.
Privacy Notice
Your privacy is important to us: At MaNA, we are
committed to providing you with the finest financial
products and services backed by consistently top.qual
service. And while information about you is fundamenl
to our ability to do this, we fully recognize the Importar
of keeping personai and account Information secure.
To offer you the widest range of products and servic,
MBNA may share information about you both within
MBNA and outside of MaNA with other companies.
This allows us to offer you products and services that
may Interest you ana Dest meet your neeas. whether
theY are available dlrectly'from MaNA or through OUI
relationships with other. companies.. We want you to
understand our informatiol),.r<lfegu'!rds, what informatlt
we collect. what Information'.We share~ and the benefits
you receive when we share ,information ,!bout you.
This notice describes tlie'.privacy practices of MaN,
Corporation.;od all >IBNA affiliates. Including MBN,.>
America Bank, N.A" MBNA America .(Delaware).. N.A..
Palladian Travel Services, Inc:. M'BNA Hallmark
Information Service~, Ins., M.Bl'ji\ Mar~eti.ng..systems,
Inc" and MaNA Inslirance Ag,;'ncy; Inc:lcbllectively.
"MBNA"j, for financial products and services goveme.
'by the laws of the United States of Amenca. This
notice explains MBNA:s information collection and
sharing practices an~llets you choose whether or not
MBNA may share certain information about you, eith.
within MBNA or outside of MBNA with other companie
Our Security Procedures: MaNA understands the
importance of protecting and secu-ring Information an
using It appropriately. Access.to .informatlon about yc
is restricted to the people of MBNA who require It to
provide products or services to you, We mail1tain physic:;
electronic. and procedural safeguards thafcomplywit
Iederal standards for the securUy.of information.
When MaNA shares information' about you with
':ompanies outside of MBNA. we require them to .
impose safeguards, use it only for a permitted purpos.
;and to return it to us or destroy it.once that purpose i
,served. We limit the amount of Information shared to
what is appropriate to offer a product or service eff!-
dently. MaNA requires any company. receiving infor-
mation from MaNA to Sign a Confidentiality Agreemel
containing these requirements and obligating that
company to protect the information as we wouid.
,
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,
InrUrmr::lUVIl YVC: l"..OIU::'-L: IVIPI'tI"\\"VIIt:I,.L;) dllU U::.t:::;i
non public personal information about you to condt
our business and to consistently deliver the top-qua
Customer service you expect from us. Sources oftr
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 teiephone. or over the Internet:
. Information we receive from third parties. such a:
consumer reporting agencies. to verify statements
you've made to us. or regarding your employment.
credit. or other relationships: and
. information about your transactions with MSNA
with other companies outside ofMSNA.
Information We Share Within MBNA: We may shar.
of the information we collect about you with financial s
ice companies within MBNA to offer additional product
services that may interest you and best meet your need
We believe this is convenient for you and may save you
LuLl1 ~;1I1t: c:mJ IIIVllel' To de .set lOr:. ,skare ieeAtifieatier
information [such as name and address). transaction a
experience information (such as purchases and payme
credit eliglbiiity information (such as credit reports an<
applications). and other information. The dedslon to'
chase any such products or services is yours alone. Yc
may tell us not to share credit eligibility information a'
you within MBNA. but please understand this does no
prohibit us crom ot:ring you additional products anc
services or from sharing transaction and experience.
identification. and other information within MBNA.
Inf~rmation We Share With Others: From time
time. we may allow companies outside of MBNA to t
you their products and services that 'may interest YOI
These products and services may be offered by linan
service providers [such as banks. loan brokers. aCCOl
aggregators, insurance agents. insurance companies
mortgage bankers. and securities broker-dealers}. by r
financial companies {such as retaiiers. direct markete:
communications companies. Internet serviCe providl
manufacturers. service companies. travel agents. cru
lines. car rental agencies. hotels. airlines. publishers
and organizations endorsing MBNA financial produ
or servlcesl. and others (such as nonprolit organizati
Subject to applicable law. we may share all the info
tion we collect with these companies outside of ME
unless you tell us not to.
Additionally. we may share all the Information w
collect with companies that perform marketing or (
services on our behalf or to other flnanciallnstitut
with which we have joint marketing agreements. \l
are also permitted by law to share information ab.
you with other companies in certain circumstance
For i nsta nee. we may share all of the in formation'
coliect with companies assisting us in servicingyc
loan or account. with companies that endorse our
products and services through affinity agreements
2
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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 s'hare information
in these additional circumstances.
Important Information About Your Choice: We're
dedicated to serving your needs - and to respecting
your choices related to privacy. You may tell us not to
share credit eligibility information within MBNA, and
you may tell us not to share information with companies
outside of MBNA that wish to offer you their products
and services as described above. If you wish to opt
out of such information sharing. please call toll-free
1-866-751-1255. We will ask you to verify your identity
and the specific accounts to which the opt out applies,
so please have ali your account, membership. or
reference numbers and your Social SecuritY. number or.
Taxpayer Identification' number for deposit accounts
:!'::ail:able '::ReFl j!S1::l =311. . . .
MBNA applies opt outS.at ttieaCCOU"t level, not by . .
individual Customer. When ariy'persorrlisted with others
on an account opts out {for example;,,;'oo-applicant, loint
accclunt'holder. or authorized user), we'willliSt the entire
accclunt as having opted out. MBNA will continue to
adhere to its disclosed.privacy,practices for.an account
even if it becomes inactive or. is,dosed, ..
An opt out fro.:; inforr.iatlon"sharing on.an account
as described above, 'elthei wlthln' MBNA alid/or with
companies outside ofMBNA. remains effective unless
revc,ked in writing. Federal regulations require uno'.'
provide this notice on an annual basis;whether or not
an 'account has previously opted out from either type
of information sharing. Pl'ease remember when you
receive our subsequent notices that an account previousiy
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 u.pdates and replaces any previous
notices from MBNA about the privacy. security, and
protection of information. For additional information
regarding MBNXs:prlvacy:practices:concernlng the ..
Internet. and to view the most recent version of this
privacy notice, please go to wwwmbn. com and click
on "Privacy Notice: You may have other privacy pro-
tections under state laws; We may amend this privacy
not'ice at any time, and we will inform y'ou.of changes
as required by law. .
Words Used Often in TfilifAgreement
~Agreement" or .Cred!t Card Agreement" means these
Additional Terms and Conditions and the Required Federal
Oisdosures {or the Initial Disclosure)"and any changes we
ma~:e to those documents from time to time.
"You" and "your~ mean each and all of the persons who afe
granted. accept or use an account we hold. "You and "your"
alsel mean any other person who has guaranteed payment of
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this account. when used in the sections entitled, We Ma,
Monitor and Record Telephone Calls, and Arbitration and Liligai
and when used in each of the sections relating to payml
this account (Your Promise to Pay, and How We Nloca!t Your
Payments, for example).
"We." "us.-."our" and "MBNAAmerica" me,n MBNA
America Bank, N.A.
"Card" means all the credit cards we issue to you and
any other person with authorization for use on this aCto
pursuant to this Aij;reement.
"Access check" means an access check we provide to ~
make a Check Cash Advance on your account.
J{ we use a capitalized term in this document but We c
define the term in this document, the term has the mear
given in the Required Federal Disclosures arthe Initial
Disclosure, or as used In your monthly statement.
We use section headings (such as, Words Used Often ill Tijis
Agreemel1!) to drganize this Agreement. The actual terms of I
Agreement are in the sentences that follow and not the hea.
Sign Your Card
YeJ:i SRSl::Ile:l sigH ~~t:I. Qud ClO:fl...llO: lYI,J. I.I~~ lL.
We May Monitor and Record Telepflone C
You consent to and authorize MBNA America, any of 11
affiliates. or its marketing associates to monitor and/or n
any of your telephone conversations with our represental
or tne representatives of any of those companies.
Credit Reporting Agencies
You aut~i:;ize MB~JAA.merica to collect lnfonnation abe
you. Induding credlt reports tram consumer reporting Been
If you belleve we have furnished Inaccurate or Incampl
information about you or your account to a 'credit reporti
agency. write us at: MBNA. Credit Reporting Agencies. P.<
Box 17054. Wilmington. DE i 9884-7054. Please Include y
name, address, home phone number. and account numb.
and explain what you believe Is Inaccurate or incomplete
How to Use Your Account
You may obtain credit in the form of Purchases and Ca
Advances by using cards, access checks..,your account nun
or other credit devices. Please refer to your Required Fed
Disclosures or Initial Disclosure to determine what transact
constitute Purchases and Cash Advances and how you me
obtain them.
.Transaction Date for Certain CasfJ Advan
The transaction date for Check Cash Advance, and Bah
Transfers done by check Is the date you or the person to
whom the check is made payable first deposits or cashes .
check. The transaction date lor a retumed payment (a Sa:
Cash Advance) is the date that the corresponding paymen
posted to your account.
Purposes for Using Your Account
You may use your account for personal. family. or houseJ
purposes. You may not use your account for business or
commercial purposes. You may not use a Check Cash
Advance, or any other Cash Advance. to make a payment (
this or any other credit account with us. You may not use c:
permit your account to be used to make any illegal transact
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Persons Using Your Account
If you permit any person to use your card. access checks.
.! account number, or other credit device with the authorization
i to obtain credit on your account, you may be liable for all
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'j which you may not have intended to be liable. even if the amount
of those transactions causes your credlt"limit to be exceeded.
.: Auth'Jrized users of this account may have the same access
i to inrormation about the account and its users as the
account holders.
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How You May Stop Payment
on an Access Check
~i You may request a stqp payment on an access check by
"t providing us with the access check number, dollar amount and
I:? 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.
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j You May Not Postdate an Access Cneck
'1 YOIJ may not issue a postdated access check on your
j account. If you do postdate an access check, we may elect to
:' honor" up"" pre. emma", or return" unpaid <0 ,he parson
that presented it to us far payment, without in either case
~ waiting for the date shown on the access check. W.e are not
j' lia ble to .you for any loss or expense Incurred by you arising
I out Oi: the action we elect to take.
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Your Promise to Pay
You prom ise to pay us the ilmounts of all credit you
obtain. which Includes all Purchases and Cash Advances.
You also promise tccay us s:' the amounts of finance charges.
fees, il.nd any other transac.tions we ~?rge against your account.
Payments' on Your Account
YOIl must pay each month at least the Total Minimum
Paymt!nt Due shown on your monthly statement by yeur
Paym~nt Due Date. You may pay the entire amount you owe
us at any time. Payments made In any billing cycle that are
great.!!!r than the Total Minimum Payment Due will not affect
your obligation to make the next Total Minimum Payment
Due. 1f you overpay or if there Is a credit balance on your
account. we will not pay Interest on such amounts. We. will
reject payments that are not drawn in U.S. dollars and those
drawn on a financial institution located outside of the United
States. Payment of your Total Minimum Payment Due may
npt avoid the assessment of Overlimit Fees.
Wftl1l~ Your Payment Will BeCredited
to Your Account
We credit payments as of the date received, if the payment
Is: t I) received by 2 p.m. IEastem 11m.}; ~2) received at the
address shown In the upper left-hand comer of the front of
your monthly s'atement; 13) paid with a chedt drawn In U.S.
dollars on a u.s. finandallnstltution or a U.S. dollar money
order: and 14) sent In the return envelope with only the top
portion of yountatement accompanyinllll Payments
received after 2 p.m. on any day indudlng the Payment Due
Date. but-that otherwise meet the above. requirements, will be
cr~diled as of the next day. Credit f~r any other payments
may be delayed up to five days.
How We Allocate Your Pal/ments
WE: will allocate your payments in the manne.rwe determine.
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In most Instances. we will allocate your payments to balance
.[including new transactions) with lower APRs before. balance
with higher APRs. This will result in new balances with a
lower APR (e.g.. those with promo'ional APR offers) being
paid before any other existing balances.
Promise to Pay Applies to All Persons
All persons who Initially or subsequently request. accept,
'i$uarantee or use the account are individually and together
responsible for any total outstanding balance. We may refu.!:
',0 release from liability any person who is responsible to pa:
;3,ny total outstanding balance. until all of the cards. access
,:hecks. 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 U5
'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 Paymel
Due Date: (2) your total outstanding balance excee~s'your
.:redit limit; or (3) you fail to abide by any other term of this
.~greement. Solely for the purposes of determining eligibility
3Ra jaremiblFFl 13:a~'rni!pt <;,blig'P~''''''''c! F,.,,.th. nptlnn=all"rF'rllt In~u
.ance purchased through M8NA. you will be deemed.in defaull
or delinquent if you fail to make a payment within 90 da15 of
your Payment Due Date. Our failure tq exer9se any of our
rights when you default does not mean that we are unable to
exercise those rights upon later default. ..
When We May Require Immediate Paymei
If you are In default we can require Immediate payment
of ""ur total c"tstandl:.g balance and. unless prohibited by
applicable lavi-and except as otherwise provid~d unde.f the
Arbitratiol1 and LWgatiotl secl'ion of this Agreement. we can
also require you to pay the costs we inC;l:lrln 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.
Otlier Payment Terms
We can accept late payments. partIal payments. or paymel
with any restrictive writing without losing any of our rights
under this A.greement. This means that no payment. lnclud
those marked with .Pald in fu1\' or with any other restnetlve
words. shall operate as an acc.ord and satisfaction wltho~t t
prior written approval of one of our senior officers, You may
not use a postdated check to make a payment. If you do po~
date a payment cheCK. we may elect to honor It upon prese
ment or return It uncredited to the person ,that,pres~nt~:i'
without In either,case waiting for the date 'Shown on the
c.heck. We are not liable to you ,for any loss or expense' .
incurred by you arising out of the action we elect to take.
Payment Holidays
We may allow you, from time to time. to omit a monthl}!
; . payment. We wili notify you when this option Is available.
If you omit a payment. finance charlles and any applicable
fees will accrue on your account in accordance with this .:
Agreement. You must resume making; your Total Mlnlmurr
Payment Due each month followinlla payment holiday.
Transactions Made in Foreign CurrenciE
If you make a transaction In a foreign currenq, the tran~
tlon will be converted by Visa International or MasterCard
I nternational.. depending on which card you use. into aU.:
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! COllaI' amount In accordance with the operating regulations or.
conve'mien 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
(I) a wholesale market rate or (2) a government.mandated rate
in effE~ct one day prior to the processing date. increased byone
percent in each. case. Visa or MasterCard retains this one percent
as compensation for performing the currency conversion serv.
ice, 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 Cycle
Your billing cycle ends each month on a Closing Date
determined by us,. Each billing cycle begins on the day after
i the Closing Date ofthe previous biiiing cycle. Each statement
4 renec!;s a single biil~~,~ cy~le... .
j Account .Fees'ifnd Cliarges
.~ Ac(:ount Fees: The foll.owing fees, which are set forth on your
.~ Required Federal Disclosures or. Initial Disclosure, are charged
.j. as Pun:hases in the billing"cycle in. which the fees acc:rile: .
1 (I I.a .l.ate Fee If the Total Minimum Payment Due shown on
:~, :'9tH J:'RGlRt\:11y stat.el=fleAt is Flet fel!e.i\'eell9:," .\::!S SA at e.eJer{;. itJ
) Paymtmt Due Oate;-
J (2) an Overllmit Fee I(your New. Baiance Total exceeds your
.,~. credit limit on the last day of a billing cycle. even If fees ,or
1 finane:e charges charged" bY'".lls cause your New Balance Tatar'
'.~ to excleed your cr~dit limit: an Overllmit Fee Is charged to your
i! account as of the day In the billing cycle that your to'al out-
. ; standing balance on your, account exceeds your credit limit;
~ (3) a Returned Payment:Fee ;If a payment on\your a'cc:ount is
j", returned for inSUffden. t'fur.~Js or for any other reason, even If
~': it Is'Pialid upon subse~:iu~nf pr:sentm~nt; '.
:: 14) a Returned Cash Adv:arice l;heck Fee if we .retum an access
:11 check unpaid for. any r,eas.c,'}' even.if th~ !=lcc;ess check is paid,
: upon ~subsequent presentment: . '
! ' (5) a Copy Fee foc each' copy o( a monthly statement oc sales
: ~ draft, except that the six most recent monthly,statements and
. ' six sales draft, will be provided for free; and
~ (6) an Annual Fee If your .ac;count is open or If you maintain an
.' ; account balance, whether. you have a'ctlve chargini privileges,
.,orn~, "
lJ~ Abandoned Prope.rty 'Charges: Unless prohibited by applicable
i law, we will charge your account, as a Pu'rchase, for any costs'
, ! lncurrl~d by us associated.with complying wl:h state abandoned
,: propelTtY laws. . . . ,
. ) i Pie,ase review your Required Federal DIscl.osure, or Initial"
I! Dlsc!clsure for additional fees and charges, that may apply to
II your illccount.. .. .,
. i Benefits ' .
.1/ We may offer you certain benefits and seNlces with your
jl! account. Unless expressly made a part of this Agreement, any
I such benefits or services are not" Ii part' of this Aareement. but
:f! are subject to the terms and restrictions outlined in the benefit~
1 i brochure and oth'er.omtlal documents provided to you from
! time to time by or on behalf of MBNA'America. We may adjust,
.1 add: elf ~elete benefits and services at"any time and without .
II notlcE~ to you.
I! Refusal to Honor Your Account'
1 ! We are not liable for any refusal to honor your account.
II This can include a refusal to honor your card or acccunt number
i I or any check written on your account. We are not liable (or
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any retention of your card by us, any other bank. or, any
provider of goods or services.
We May Suspend or Close Your Accoun
We may suspend or dose your account or other.vise te
oate your right to use your account. We may do this at a
time and for any reason. Your obligations under this
Agreement continue even after we have done this. You r:
destroy all cards. access checks or other credit devices 01
account when we request.
You May Close Your Account
You may close .your account by notifying us- in writing
telephone, and destroying all cards, access checks or oth
credit devices on the account. Your obligations under thi
Agreement continue even afteryou h~l:Ve.d~ne this.
Transactions After.Your Account Is Clol
When your account is dosed. you must contact anyone
authoriz.ed to charge transactIons to your accouht, such as
internet service providers. health dubs or insuran.~ campI
These transactions may continue' to be charged to your
:U.("f'lI~"t Ilntil yntJ ~hanJ:l'e the billlnQ: Also Irwe believe
have authorized a transaction or are attemptlne to use y.
account after you have requested to close the account. "
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 1
Agreement. When we amend this Agreement we will cor
with the af::l,licable"otice requirements of federal and.
Delaware li:loN that ale in effect Clot that. time. If an amend
ilves you the opportunity to reiect the chinge. and If you
the change in the manner provided In such amendment. ,
may terminate your rignt to receive credit and may ask y
return all credit devices as a con'dition of your rejection.
amended Agreement (Including any higher rate or other I
charges or fees) will apply to the total outstanding balar
IncludIng the balance existing before the amendment beean
effective. We may replace your card with another card at an~
We May Sell Your Account
We may at any time. and without notice to you. sell. 2
or transfer your account. any sums due on your account,
Aireement. or our rights or obligations under your aCCOI
this Agreement to any person or entity. The person or e
to whom we make any such sale. assignment or transfer
be en titled. to all of our right' andlor obligation, under I
Agreem'ent. to the extent sold, assigned or transferred.
Your Credit Limit
Your credit limit is disclosed to you when you receive
card and. ienerally, on each monthly 't.atement. We ma
cha nile your credit limit from time to tII)1e.
The amount shown on your monthly statement as Ca
Credit Available does not take Into Iccount any Purchas
Cash Advances. finance charges, fees. any other transad
or credit' which post to your acc:ount after the Closing [
of that monthly statement. Such transactions could re!
your credit limit being exceeded and result in the asses:
of Overllmit Fees.
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1 Exceed Your Credit 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: (I) 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) reruse 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.
.i If we refuse to permit a Check Cash Advance or Balance
~ TrMsfer, we may do so by advisini the person presenting the
i 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 claes not mean that we will perrnityou to exceed your credit
1 limit again. If we decipe to pelTl'llt you to exceed y?ur credit limit,
.f we may charge an Overlimit Fee as provided in this Asreement.
~ lJ./UlUtfwdud lJSiI of Your Card
.,'.1. Please notify us immediately or the loss, theft, or possible
j unauthorized',use of your account at i-800-42i-2110.
~.' You Must Notify Us When You
r Change Your Address .
.~ We strive to keep accurate records for your benefit and OUTS.
Thl:! past office and others may notify us of a change to your
address. When y"u chane... your address. you must notify us
promptly of your...ew addr~ss.
What Law Applies
This Agreement Is made In Delaware and we extend credit
to you from Delaware. This Agreement is governed by the
Jaws of the State of Delaware lwithout regard to Its conflict of
laws principles) and by any applicable federai iaws.
The provisions 0'( This Agreement
are Severahle
if any provision.of this Agreement is Cound to be invalid,
thl~ remaining provisions will continue to be effective.
Our Rights Continue
Our failure or delaYin exerdsine any of our rights under
thIs Ai;reement does not mean that we are unable to exercise
those rights later.
Arhitration .and Litigation
This Arbitration and Litigation 'provision applies to you
unless you were given the opportunity to relect the Arbitration
and Litiiation provisions and you did so relect them In the
manner and timeframe required. if you did relect effectiveiy
such a provision. you agreed that any litigation brought by you
aiainst us reiarding this account or this AiI'eement shall be
brought In a court located in the State or 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
arlY prior Agreement or your account (whether under a
st.atute, in contract. tort, or other'W'lse and whether for money
damages. penalties or declaratory or equitabie relieO, including
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Claims regarding the applicability of this Arbitration and
Litigation Section or the validity of the entire Agreement 0
allY prior Agreement. shall be resolved by binding arbitrati,
The arbitration shail be conducted by the National Arbitrat
Fc)rum /"NAF"), under the Code of Procedure in effect at the tl
the Claim is filed. Rules and forms of the National Arbitratiol
F<:>rum may be obtained and Claims may be flied -at any.Natic
Arbitration Forum office, www.arb.fnMlm com, or P.O. Box: SOl
Minneapolis. Minnesota 55405, telephone 1.800-~74-2371. If
NAF is unable or unwilling to act as arbitrator, we may su~
stitute another nationally recognized. independent arbitrat
ol'ganization.that uses a similar code of procedure, At you
written request, we will advance any arbitration filing fee.
administrative and nearing fees which you are required to
p,ay to pursue a Claim in arbitration, The arbitrator will
dl:cide who will be ultimately responsible for paying those
fees, In no event will you be required to reimburse us for i
arbitration filing, admInistrative or hearing fees In an amOI
greater than what your court costs would have been If the
Cfaim had been resolved in a state court with Jurisdiction.
Any arbitration hearing at which you appe,rwll! take. place
within the fe:deral judicial district that inc;lud~s your billint;
address at the time the Claim is filed, This arbitration agrl
llll:::ll~ i::J llIddc J.lul::.ucwl LV Q lIGIl::.d....L;\JU ;IIVVlv;'I~';llL"'I;;IlClL
commerce and shall be governed by the Fed~ral Arbitratlol
A,:t.9 V.S.C. 99 1-16 ("FAA"). Judgment upon an~ arbltratlc
award may be entered In any court having iurisdtCtlon. The
arbitrator shall follow existing substantive law to the extent
""nsistenl with the FAA and applicable statutes of limit"tior
and shall honor any claims or privilege recognized'by taw. .If
Pl:uty requests. the arbitrator shall write an oplnion.containil
the reasons for the award.
No Claim s.?Jmitte2:o arbitration Is heard.by a iuiY an<
n,o Claim may be brought as a class action or as a private
attorney general. You do not have the rlih~ ~o act as a da
rE!presentative or 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 0
that may arise In the future. .
This Arbitration and litigation Section shall survive the
tmmlnatlon of your account with us as well as any volunta
payment. of the debt in full by you. any bankruptcy by you
s..le of the debt by us.
For the purposes of this Arbitration and Litigation sectl
Nwe~ and .us. means MBNA America Sank. N.A., its parent
subsidiaries. affiliates. licensees, predecessors. successor::
assigns. and any purchaser of your account....and aU of thel
officers. directors. employees. agents and assiins or any a
all 01 them. Additionally: "we- or .us" shall mean any thire
party providing benefits. services. or products In connectlc
with the. account !including but not limited to credit bure.:
merchants that accept any credit device issued urider the
account. rewards or enrollment serv;tes. credit" insurance
companies, debt collectors and all of their officers. directl:
"mployees and agentsl if. and only If, such a third party Is
rlamed by you as a co-defendant in any Clai!l1. :tou assert
21Qalnst us,
If any part of this Arbitration and Litigation Section Is
found to be invalid or unenforceable under any law or stal
c:onslstent with the FAA, the remainder of this Arbitration
Utigation Section shall be enforceable without.regard to ~
invalidity or unenforceabllity.
THE RESULT OF THIS ARBITRATION AGREEMENT is T
IEXCEPT AS PROVIDED ABOVE. CLAiMS CANNOT BE LIT!
'~ATED iN COURT. INCLUDING SOME CI..AIMS THAT COU
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CREDIT INSURANCE BENEFITS,
LiMITATIONS, COSTS & EXCLUSIONS
CONS.tlMER PROTECTION. DISCLOSURES
CREDrr INSURANCE IS: NOT A DEPOSIT,'NOT FDIC-
INSURED: NOT INSURED BY Ar-lY FEDERAL GOVERNMENT
1 AGENCy,.AND NCJT GUARANTEED BY THE BAN~.. .
j PURCHASE'OF CREDIT INSURANCE IS NOT.A CONDITION
i ,OF OB~rAINING CREDIT. IF COVERAGE IS DESIRED, IT
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'l . MAY BI, PURCHASED ELSEWHERE.
; Credit 1nsuT.ance pays your minimum monthly payment-
i ; up to YClur balance on the'date o'f loss (not to exceed 525.000,
'I i except disabilitY in MN). until you return to work" If you are
'l i involuntarily u nemployed. ~ disablea, or if you or your
i spouse takes covered family leave: CreOdit Insura'nce also
I pays yc,ur lnsu red outstandlng'balance up to the least of your
,I. i ~~.si~:'ft~~~,n~eD:~u~.C~~,it~~~6~~t:.~t.<RC~D~~,
1 IV/A, WI' &- WY), or S25.000ifyou die. . . ..
j" Elllllbilltv: One insured per account (Insured must" be the"
I pnmary cardnOloer or a co<:>appncam. authonl;~d.u:'=I'::' d.t:'lIU~
eligible). underalie 66 (70 In AZi, NV & VA, 711" FL;GA:MI.
I MO & OK: 72 In NM).Your coverage ends at these same alies
,.(except family leave in AZ.'FL & SD &- unempioyment). When
i.-enrolled. certificates wilt be mailed explaining your coverage
I &- effective date. In MN. unemployment coveraee Is 'effective
i 61 days: from your certificate effective date. For unemployment
i or family leave benefits. you must'beliainfully employeli .
i workln6 at ieast 30 hrslwk (not seif'employed or an iridependent
l i' contractor) for 90 cO',':;:~cutivr.:;1ays before the date of loss.
.1 ! '(CO - before application date), (PA - on the date of loss).
1.' 1"(TX - before, coverage effective date'for unemployment).
f i :Employees of professio~~1 corporations may be eli.gible.
1 ' J:&ur-t'alles & Benefits: Credlt.lnsurance covers: your
I.death: Involuntary'unemployment due to'Job loss.lienerai
-j ; strike. un ion iz.ed la bor dispute: or Io'ckou~i total disabi IIty d ue
T I to sickness or injury If you are unable to perform the materia I
I : &- substantial duties. of your lob lor any tob after 12 mos. In
I PAl' 18 mos. in AL.}\!., AR..CA. DE, DC. GA. HI. 10. IL, IA. KS,
j LA. MIl. MN. MS. NV.:NI.:ND. OH. OK, RI, SO. TN. yr. WA. WV.
'1 WI & .\l/Y): your or your spouse's unpaid leave of absence
from employment due to are of your newborn or newly adopted
I child or an Incapadtated Immediate family member,(mllst be
! spous~~. child, stepchild or parent in AK): mandatory recall to
\ ! active military duty; jury duty (except in AK); or residence In
j. i a fedelially declared disaster.area. Loss (not death).must
I continue at least 30 days bero're benefits ,begin. In NY. fO,r..
1 ; strikes..unionIzed labor disputes &. lockouts, you. must be..
t i unemployed for 7 consecutiv:e weeks &. qualify for state unem-
j i ployment benents before benefits begin. A daily benefit Is
.1' i pald'f"r each day of ioss over 3.0 days lor unemployment in
: NY &-PA. and disabiilty In CA. CT. GA. NY. MI, PA. RI &- SC.
i You may cancel this coverage at any time. If canceled within
j 1 the first 30 days of coverage. all premiums will be refunded.
1 i .EM1uslons: Life: sulclde.ln the first 0 months:of.co~era&e
.\ : tnot MD & MO). Involuntary Unemployment, retirement.
i reslgrlation. .voluntarY forJeiture of Income or job loss ~ue to
iwlllful or criminal misconduct. disabilitY, strikes In'IL:milltary
'j' disch,uge in NY &. normal seasonal unemployment in'n.
DisabilitY, normal pregnancy or childbirth (not CA. !'AA & NV).
".1 inteni:ionally self-inflicted injuries (not MOl. or a pre.existing
medil:al c:ondition during first 6 months of coveraQe (not Nil.
Ii
.'
. ....... ..-. - -_..-...- -. - .,-. ,..-.- .. J -- -.... ....l!I....... ""'I ...
receiving unemployment benefits or are disabled.
This is only a brief.description of coverage. and coverages
vary by state. Please refer to your certificates for a full
explanation of coverage. '
,Costs Der oS 1 00 cer Month of Avera.2e Oallv l3alan~f!: .
Costs apply to Lire (L). Disability ID). Unemployment IUI &-
Family Leave IF), AL 54.5i:, AK 78e; p.z 99.ge; AR 9ge, CA
89.ge; CO 50.66e; CT 42.8ge:.p.E 99.ge; DC 99.ge; i'L 8ge; GA
90.8e: HI 89.9Ie; ID 99.5e IL Me. D 16.ge. U 54<:, f20c);IL
80.97c; IN 96c; iA 97.8e IL 1:k.0 l6.6c. U 54c. f 20c); KS
85.4k KY 91.4C; LA 99.93c; ME 53.05c;'MO 19.14c; MA 15.7c:
Mi 85.1c: MN 31.47c: MS 97.5e; MO 61.1e; MT 93.9c; NE
95.8e; NV 99.87c; NH 95c; NJ 91c; NM 58.ge; NY 52.5c (L8.8c.
o ,:6.8c. U i6.9cl; NC 1I.3e; NO 94.97c: OH 99.9c: OK 91.41c'
OR 80.8e; PA 38.lc; PR 99':': RI 99.8c; SC 78.8c: SD 99.ge: TN .
92.5c: 1)( 33.7c IL 4.8e. D 12.9c. U 16cl; UT 90.44c; Yr 34.92c
(L6.68c, 0 i2.24c. F 16c); VA 84e IL 6.le, 0 8.9c. U 49c. F
20e): WA 89.39c; WV 99.5c; WI 93.6c IL 5.7e. D 8.ge. U 5ge. F
20e) & WY 99.7e.
Ilvailabllltv: Involuntary Unemployment is not availabie in
MA or Yr. Family Leave Is not available In AL, CT. MA. MD.
MN. NM, NY. PA. or TX.
IJndf!rWrltlnll Comcanies/PolIC"f'O Involuntary
UMmployment: American SecurityILOI(5/85). LOi NY(3193).
AS LOI TX{ 11/99}, LOIC-IP-KSI2/96). LOIC-IP-CRS-ME(5/85}
and LOIC-IP; Standard Guaranty/SG LOI (5/85) INH only}.
Life & Disability: Union Security LifeIL-I-Z, L.5-G In AL.I\l..
AR. DE. DC. 10. IL. IA. KS. LA. MO, MN, MS. NV, NO,.OH. OK,
RI. SO. Vf,.WA. WV & WY: Standard Guaranty Life (TX onlyV
L-J.Z18I92113.53RA), First Fortis Life (NY We only)/NYLMOOI3
American Security (NY Disability only)/W-S'A. Fortis
Insurance (ME C,:tJy)/U.X,.\. Family Leave: Amencan
SecuritylfLP 14/97), FLP-FLII2/97}In fL. FLP.NC (3198) In NC,
FLP.OKI4197) In OK. FLP-VAi2/98) In VA. FL-IP(AZ1I7198) In
AZ. FL-IP(4197} In IL &- IN. FL.IP-KS (12/97) in KS. FL.IP-ME
14199) In ME; FL-IP.WYI4I97} in WY: Standard Guaranty/FLP
14/97) in NH; Union Security L1felFLP.YrI4191) In Yr. Solkltlnl
agents for Mississippi and Florida are Charles M. Gordon and
Pamela Curtis respectively.
1'he creditor may receive compensation in connection with
this; offer.
I't is a crime to provide false or misleadlne Information to an
Insurer for the purpose of defrauding the Insurer or any other
per.son. Penalties Indude Imprisonment and/or fines. In addItion
. an Insurer may deny Insurance benefits if false lnfonnatlon
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 balance on your date of disability up to
$1250. In OR. coverage pays the.greater of 1136th of the bal-
anc:e or the current minimum payment due on your date of
los:;. In NY & PA. coverage pays the minimum payment due
on your date of loss. In TX. coverage pays the greater of 6% c>
yo,,, Insured outstandinll balance on your date of unemploy-
ment or your minimum monthly payment
. 'lhe number of monthiy benefit payments will not exceed 9
for family leave; 12 for unemployment in t>J... AK. CT. IL. MI. MN
Me>. NM. NC. NY. PA. SC liTX; 12 for disability In AK. CO. cr.
FL. KY. MA. MO. MT. NE. NH. NM, NC. OR. SC. UT Ii VA.
[;' NI Ii TJ( Residents Only: To purchase cove'"lles separatell
write to Assurant Group. P. O. Box 50355. Atlanta. GA 30302.
Applications will be sent to you. .
12
-
EXHIBIT "B"
EXHIBIT "B"
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11MPORTANT AMENDMENTS
TO YOUR CREDIT CAAD AGReeMeNT
Th$$$ AmElnQrnents chan~e the tem1s of your Credit Card Agreement Please read this docu";ent
t~dkeepltwlthyour,C~I' '\ CardAllreement. Excepttor lheee Amendments, the Iermsot'iourC~~
""reement continue In ull jorcs ana effect
. PI,ease 1)ole that w~'dehave chana!ld OlUrtladdres$ for di~utes regarding 111'1 aIlPurac.Y or.c\1ll1plelenes'
~~~m~~~'P~a~roX 17b%2,'lNl?~~n,n8~~~4-fd1~?ew a~dress IS MBNA, G'redit Reporting -
. AEffective Vtith transaQ.tlons that post 10 your account on or after JanualY 15, 2000, If you oblai~E
O'.'ance aBalanceTransfer,aranOM CashAdYanoe, awU a alransactianree c
M~~~!:r~~Jo~.O% gf the U.S.18ollar amount of eaxt: suc~ ~~Advance (Minimurf as: E
. ~~w1thA~CctI~onS!hat post to'Lau~ra!J.Co\Jnt on or after. January 15, 2000, IfY<lu obtell'l &6ar
.....""",e an In ;1I h AdVance or a ~a Equlvalenl, we will osteSU tianseCllon lB8 (FINANCE
" CHARGEj equ ~,% of the U.S, 001 ar amount of each SUCh Cash Ad;anoe (Minimum Fee: $5
- ~ffeCtlVll. AoW 8, ~O,)~QIJIII'l M~lnlmum P.avmecnt will be calculaled as follow!;: Tha Total MInimum P.
ueeac'l~nnng. a will be. sum;'lIIi!1' UiNtPlfYl!l~t~il~~u.a}11Ounta TheClJIl'er
aymenl, each fll 11!1 c,ypleWl the essar at 1 the sum ollie Ie F e bharaes,
ransaonan Fees, and unt ee IUdln anee eck e Copv"Fees, I
Abandoned Pr!lPertY c=es) plus'l ~BorI2)~ ~eirew llIanc;eTotBl. mUlT.!lnlPav.m.e
naverbe less than f15 unlEl$$ yoq-New a ance Total IS less than $16 Il\ WhIch case the.l otel Minin
PaVlll$I1t Due will !!!lUBI the New !IalanClll Total, If a8ayment Is crei:lited to your SCQlUllt Dutla ream
I.lI1liald In a latar biltiro ~Ie, we will Illca!culate the Ulmlt Payment lortlle billing cycte Tn which
tile payment was ongli1lilly ci'editlld .
. YOd/iU conseh.!.to and authorize MBNA Americ8bany of lis affiliates, or Its.marlceUng as$OCiates...ll? mor
fI or reco,u ~ of yourtelephone conversa.ans With cur repressntSIiY$$ orllie represenra.ves 01
.10se companies.
. As Rrovlded In your. Crledit Card A.,menst and under Delawa~ law, we are amending the (
Calil Agreernenl to IJlC 1.1' an At on ecllon. Plea$e readUt caieft"l~ b'Ci~e It w]1I at
hrl9ht toto 9obto OOIlr!, Jnclu ng any you may have to liave ury, tilaJ=,1 teael, yoU Il(and
~ve ill itratII CI'Jn1S. it.!l'!lIY c e not fa '&e subject fa Ie ~lb' n S~lIoJl y fo
the InstruJ;llO~!.. at U'It1unS 0 this nOd ce. This Arbitration Sectlon WIll acome effecllve 0lI1
1, 2CI00. The", ..lira on a on rea s: .
ArbitrallOni' claim or di~ute C'CI,lim'lbv either~u orus= ag'nstthe other, oragelnst tl]e eAmPIOY
agSl'llsora SOltl1eotl1er.ariSlngfJ:Oniotre~tlm nanv.way th=entol'anypn~r
count he erUl'ldera.s fe, nlXlntl1l to 0 O'th su e erf. e .
~llfesor e;moryQl'eqw=redel}.~nCI ng I.~rm~r~ardlng jcJgr.tmf!?:l'A 1 arl;ti,
S'edion or the validity of Ihe sntire Agl'Ilmw or any priorAQrt~m.nt; s I re8Q\Yid cY bl ng
EarbilrallQ,nshell bll. Cilndu tedbYtbel NaIO Mition FOI\Im NAF"l, underlt1e Codei af1!PI\l<:el
l\Cl at the Umj, lh\il C1airT1ls led. ~Ie,s end a National tlilra60n For\im~e e1 '
:!8~be1I1Ell1ala on Artll1ratior ol\!m e or. ox ,
tilmn~, Minnesota . talephon81 ~74-' 1.' orUl1'M ~c as
arbl~ "tl~anothei'.nallonaly~~,in nt tlo~~ i~
51. ~'rm~~~d~~~w:~~~g~n.. ~lIdecfl
IbB [~I=~11$1 fllI'lleYIng......lees. Inno~. torefriiCUriieus 0.
. . Ion 1lQ. 'slnl Qi'tJe/lI1ngfeeslnan 0 I an what vo.urco.!!!:tPQ8atlSWQuld
been H thE m ell 1'8$01'1' In as court W n. rbllfclllon heat, Wl1ld'll
aooear~'I~ ~ce~n lli8Y!V!~!J' laldlstr4t~~1 ~tng acIdreBsgr~etY'mslhl
ill filed. '1'Iiis ~rbl n ~me'nt'1s;;: P\lUISUanC t~. ban in~ Interatate corl1Iners!' a
be ovemed~ the edelill . 0 IH. .. -161 . , Ju t an uun ~
m beent reClina =ll~ 01'1.%9' ,Janow ~~~sJn=to.~
l!1C~l)t.~~t~ntwfw.~AAariSe!.~le~t osh~r~n.and'haJl hO~""~.Pla,ms 0'1'1'0'
recogrJIZiQ cy law, trany party requ~:tI1I. S/tIltrator ~~r~ an oplruon contalrung ... reasona.. .
awaitl.
Nil Claim submlUed to arbitration is h~ard bv a I~ryt~d nOt Claim ma~:arou ht as a clarlfss flCtlon ors aa
pnvaleattomeygenerel.. YouwllloothaVlllhengn ~c a~Cla~ ItlVeorpa ctip!llel a...c
lTlemberaf a crass of claimants wI~r eet to E aim IS tra on ectJon dces no <"
between and us eviouslva In I suits filed ato'm ll1e dale this Mitra on ~tron.~
effecM.~wever, \liis Aibllfatlon ection~1 as to all Claims now in 8lQstence or tha~ may arise In t
fU11Jre.
1;na4~.V.BK"Y.1
EXHIBIT
'133
eN
p",
:R_
All-STATE. INTERNAl"IONAL
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P"Ylllenl or me ceotln fUll PYYQU, any canKlUplCY oy you or sale 01 me oeocoy us.
FOl'I~e p~lllOses.ofthiSIArbitration Section, 'we' and 'us' means,M8NAAmerica Bank, NA Its par
subsldlaaes, alliirates, I censees, predecessors, sUtX:sssors. aas gns, and a(lYPurcnasero~ouracc
anllalJ oht their officers, directors, emcIQII'ees. acents and.assigns or anv.ilnd all of lI1am. I; ~onall
or us s all mean arri lftird llartYoroVlClfng ~nts, services, orprcClUCt.. In connec~on WI e ace
(including but not Iimt1ed to creditbureau:" m~hants that accepl rony credit oeYlce Issued \In If th~
accoun~ tewerds or enrollment earvicas, credit insurance CCmpaf!les, debt CClllectors and all or melr
OffiClldefrs, drec!ors, smolt;ryees and agenlt 1 if. and only lie sllch a third PMYflsthoafJ/flTle9 b'l.YDU as a
co- andanttnsnYClalmyoussseita5"nstus. Also, Tor the purposes 0 III IlrallonSecllon'
'yours' shall mean anYp8rson or entitY. roved by us to use !heaccoun~ inclu 'ng but 1101 IirniteO
persons or entitles contractually obllgat 10n the account and all aull10rlzed users or the account
If any p'art of this ArbItration SectiQn is fount! to be Invalid or unanfon::~abre under anY faw or statute
consistent with the FM the !'llmemder of thiS Arbitration Section shall baenfor>:eabre without rega"
such invalidity or unenforceabllity.
6~~~a~~~T~tM~~~OO~tp~N~tnB~J~I~J~~Tc~~~1/-%'b~~8m~g~~cT1
BEFORE A JURY, AS CLASS ACTIONS OR AS PRIVATE AITORNEYGENERAl.AC'ffONS.
If YOJJ do no! wish yew. ar,;:Qun!to b~ SU1',gct to this Arbitration section,~u mll$! write to us al MBN,
Amattca, P. O. Box 1 ~55b, Wllml"glon. E 19850. Clearly print ortvlle 'Cur naJ)'JeBod ~rfit oW Sl
number ana state Ilia! yOU f@J'ecttJjjs/ilitratiOllSe{;tlOl!.'You must' gJ~" notit:e In wn~~; IllS not SLe.j:t
~el one us. Send thIS nolibe only'd1.9 6l abddrJ!es6 In lhlg.Danlzol!:loraph; uu not,sentjd II 'Mot a p'avment.
. /wyourle/:tJ!talthaabovea ..1i!S:5 'I snuary.5, f}I oryeUJ:tJJec on e"fbltrati~
WI /lollle affec;tjve,
@! 1999 MBNAArnenca Bank, N.A.
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EXHIBIT "e"
4043
NOTICE OF ARBITRATION
Dear Respondent,
AN ARBITRATION CLAIM HAS BEEN FILED AGAINST YOU.
Enclosed and served upon you is the Initial Claim. You may obtain a copy of the Code of Procedure,
without cost, from the Claimant or from the Forum at WWW.ARBlTRATION-FORUM.COM or
800/474-2371.
IF YOU DO NOT SERVE THE CLAIMANT AND FILE WITH THE FORUM A WRITTEN
RESPONSE, AN AWARD MAY BE ENTERED AGAINST YOU. AN ARBITRATION AWARD
MAY BE ENFORCED IN COURT AS A CIVIL JUDGMENT.
YOU HAVE THIRTY (30) DAYS TO RESPOND FROM RECEIPT OF SERVICE.
You have a number of options at this time. You may:
1. Submit a written Response to the Claim, stating your reply and defenses to the Claim, together
with documents supporting your position. Your Response must be served on the Claimant and
filed with the Forum. Read Forum Code of Procedure Ruk 13. A Counter Claim, Cross-claim
or Third Party Claim may also be served and filed, and accompanied by the fee as provided in
the Fee Schedule. Forms for such Response and Claims may be obtained from the Forum. If
you fail to respond in writing to the Claim, an Award may be entered against you and in favor
of the Claimant and you will lose your case.
2. Demand a Document Hearing or a Participatory Hearing. You may request a Hearing in your
Response or in a separate writing. Unless you have agreed otherwise, an In-person
Participatory Hearing will be held in the Judicial District where you reside or do business. You
may also request a hearing on-line or by telephone. Your written Request for a Hearing must
be filed with the Forum. You must also serve a copy of your Request on the Claimant and any
other Parties. Read Forum Code of Procedure Rules 25 and 26.
3. Have other options. You may seek the advice of an attorney or any person who may assist you
regarding this arbitration. You should seek this advice promptly so that your Response can be
served and filed within the time required by the Code of Procedure. If you have any questions
or need help in responding, you may contact the Forum.
The Forum is an independent and impartial arbitration organization, which does not give legal advice
or represent parties. THIS SUMMARY IS NOT A SUBSTITUTE FOR READING AND
UNDERSTANDING THE CODE OF PROCEDURE WHICH GOVERNS THIS ARBITRATION.
The Forum
P.O. Box 50191
Minneapolis USA 55405-0191
(651) 631-1105 (800) 474-2371
info@arb-forum.com
ARBITRATION-FORUM. COM
234A
NAFCLS/NAF3
4041
IN THE
NATIONAL ARBITRATION FORUM
CLAIM
MBNAAmerica Bank, NA
c/o Wolpoff & Abramson, L.L.P.
Attorneys in the Practice of Debl Collection
Two Irvington Centre
702 King Farm Blvd.
Rockville, MD 20850
CLAIMANT,
RE:
Forum File Nnmber: FA0311000207498
Claimant File Nnmber: 0112572890
Aeconnt No.: 4313080999824762
Card member Agreement Type: NEA90
Rachel M Cooper
4008 Dartmoor Dr
Mechanicsbnrg PA 17050-2193
RESPONDENT(S),
For a Claim against Respondent(s), Claimant states:
1. By way of contract and use of the credit account at issue, Respondent(s) became bound by the terms of a credit agreement
(hereinafter the "Agreement"), which is attached hereto and incorporated herein by reference.
2. Respondent(s) is/are in defanlt nnder the terms of the Agreement and is/are now indebted to Claimant in the amonnt of
$3032.56 , as reflected in the attached acconnt snmmary, plus interest of $46.36 as of the date of filing, and at
6.00% thereafter.
3. Despite repeated demands for payment, Respondent(s) has/have not paid tlJ,e amounts due.
4. Claimant requests an Award for the amounts reflected in Paragraph 2, plus all arbitration fees incurred, Process of Service
fees and Attorney Fees of $454.88 , if allowed by law, equaling of the outstanding principal balance.
5. The attached Agreement contains a Delaware choice oflaw provision and at provision for "reasonable" attorney fees.
Delaware law specifically provides that an attorney fee may be awarded in an amount up to 20% on an unpaid claim if
allowed by law. See, 10 Del. Code Sec. 3912 (pleading & Practice).
6. The attached Agreement contains a mandatory arbitration provision under llhe Rules of the National Arbitration Forum
("NAP").
The undersigned counsel for Claimant asserts, under penalty of perjury, that the information contained in this Claim and
the supporting documents attached hereto are accurate based upon information provided by Claimant to the undersigned counsel.
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Practice of Debt Collection
By:
Ronald M. Abramson, Esq. (MD, DC, MA) Connell A. Loftus, Esq. (VA, WV, DC)
Barry E. Gordon, Esq. (MD, DC) Matthew P. Linki", Esq. (MD, DC, VA)
Ronald S. Canter, Esq. (MD, DC) Jennifer L. Anthony. Esq. (MD)
Neal J. Levitsky (DE) - Local Counsel Kelly E. MacBeth, Esq. (MD)
Counsel for the Claimant
If Respondent or counsel wishes to contact Claimant, please call or write:
Paralegal Department
WolpotT & Abramson, L.L.P.
Two Irvington Centre
702 King Farm Blvd., 5th Floor
Rockville, MD 20850
1.800-830-2793
NAFCLM/NAF3
234A
4042
SUMMARY OF ACCOUNT INFORMATION
ACCOUNT STATUS REPORT
Date Filed: 11/03/2003
Account Number: 4313080999824762
Cardmemeber Agreement: NEA90
Primary Account Holder: RACHEL M COOPER
Address:
4008 Dartmoor Dr
Mechanicsburg, P A 17050-2193
Home Phone:
Work Phone:
Social Security Number: 270762351
Secondary Account Holder:
Address:
Home Phone:
Work Phone:
INFORMATION DRAWN FROM ACCOUNT RECORDS AND CURRENT AS OF TIlE DATE FILED
234A
NAFCIA/NAF3
EXHIBIT "0"
III
NATIONAL
ARBITRATION
MBNA America Bank, N.A.
c/o Wolpoff & Abramson, L.L.P.
Attorneys in the Practice of Debt Collcction
702 King Farm Blvd, Two Irvington Centre
Rockville, MD 20850-5775
FORUM </&
CLAIMANT(s), AWARD
RE: MBNA America Bank, N.A. v Rachel M Cooper
File Number: FA031l000207498
Claimant File Number: 4313080999824762
Rachel M Cooper
4008 Dartmoor Dr
MECHANICSBURG, PA 170502]93
RESPONDENT(s).
The undersigned Arbitrator in this case FINDS:
I. That no known conflict of interest exists.
2. That on or before 10/3 ]/2003 the Parties entered into an agreement providing that this matter shall be
resolved through binding arbitration in accordance with the Forum Code of Procedure.
3. That the Claimant has filed a claim with the Forum and served it on the Respondent in accordance with Rule 6.
4. That the matter has proceeded in accord with the applicable Forum Code of Procedure.
5. The Parties have had the opportunity to present all evidence and information to the Arbitrator.
6_ That the Arbitrator has reviewed all evidence and information submitted in this case.
7. That the information and evidence submitted supports the issuance of an Award as stated.
Therefore, the Arbitrator ISSUES:
An Award in favor of the Claimant, for a total amount of $3,778.40.
Entered in the State of Pennsylvania
~# d/~.
Ho Jack M. Marden
Arbl or
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.
~ <:.1-.
~.(( \~-
Date: OS/25/2004
Honorable Harold Kalina, Ret.
Director of Arbitration
OS/25/2004
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NOV 1 7 20041
\)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNAAMERICA BANK, N.A.,
Plaintiff
NO. 043616
vs.
CIVIL ACTION - LAW
RACHEL M COOPER,
Defendant
RULE
AND NOW, this \Gt day of l j (J~ , 2004, upon the
.
"
consideration of the foregoing Petition to Confirm Arbitration Award, it is ORDERED that
the parties to this action show cause, if any they have, why this Motion should not be
granted.
r--
RULE RETURNABLE ~ days from thl~ date of service hereof.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
NO. 043616
vs.
CIVIL ACTION - LAW
RACHEL M COOPER,
Defendant
RULE
AND NOW, this
day of
, 2004, upon consideration of
the within Plaintiff's Petition to Confirm Foreign Arbitration Award, a hearing shall be
scheduled in the above captioned action for the __ day of
20_, at
a.m./p.m., in Court Room Number _ of the CUMBERLAND
County Court House.
BY THE COURT:
J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PIENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
NO. 043616
vs.
CIVI L ACTION - LAW
RACHEL M COOPER,
Defendant
ORDER
AND NOW, this
day of
, 200_, upon consideration
of Plaintiff's Petition to Confirm Arbitration Award, it is hereby ORDERED that Plaintiff's
Arbitration Award is confirmed, pursuant to 42 Pa.C.S.A. ~7313, and that judgment be
entered in favor of Plaintiff and against Defendant in the amount of Three Thousand
Seven Hundred Seventy-Eight and 40/100 ($3,77R40) Dollars.
BY THE COURT:
J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
NO. 043616
vs.
CIVI L ACTION - LAW
RACHEL M COOPER,
Defendant
PLAINTIFF'S PETITION ,.0 CONFIRM
ARBITRATION AWARD PURSUANT' TO 42 Pa.C.S.A. S7313
AND NOW, TO WIT, this ..3r.:::L day of ~~ ~ , 2004, comes the
Plaintiff, MBNA America Bank, N.A., by and through its attorneys and the law firm of
Wolpoff & Abramson, LLP, and files the following Petition to Confirm Arbitration Award,
and in support avers as follows:
1. Plaintiff/Petitioner, MBNA America Bank, N.A., is a Delaware corporation
doing business within the Commonwealth of Pennsylvania, and the other states of the
United States, with its principal place of business situated at P.O. Box 15718,
Wilmington, Delaware 19850.
2. Defendant/Respondent, RACHEL M COOPER, is an adult individual with
a last known address of 4008 Dartmoor Drive, Mechanicsburg, CUMBERLAND County,
PA 17052.
3. That pursuant to the Credit Card Agreement Additional Terms and
Conditions, which Defendant/Respondent received when Plaintiff/Petitioner issued
Defendant/Respondent an open end credit card account, the parties agreed that this
matter be referred to Arbitration in the event of any claim and/or dispute if the account is
referred to collection. A true and correct copy of said Credit Card Agreement Additional
Terms and Conditions is attached hereto, incorporated herein and marked as Exhibit
"An.
4. That in early 1999, Plaintiff/Petitioner forwarded to Defendant/Respondent
a document titled, "Important Amendments To Your Credit Card Agreement." A true
and correct copy of said document is attached herE~to, incorporated herein and marked
as Exhibit "8".
5. That said document again provided Defendant/Respondent with details of
the Arbitration clause, pertaining to Defendant/Respondent's open end credit care
account, in the event of any claim and/or dispute if said account is referred to collection,
and further afforded Defendant/Respondent until January 25,2000, to notify
Plaintiff/Petitioner by written correspondence that Defendant/Respondent did not wish
for Defendant/ Respondent's account to be subject to said Arbitration Section. See
Exhibit "8" as previously identified and incorporated herein.
6. That Defendant/Respondent did not forward any written correspondence
to Plaintiff/Petitioner by January 25, 2000, in order to opt out of the Arbitration process,
and therefore Plaintiff/Petitioner properly referred this matter to the National Arbitration
Forum pursuant to the Arbitration Section of Defendant/Respondent's open end credit
card account, when Defendant/Respondent defaulted under the terms of the
aforementioned open end credit card Agreement.
7. That the National Arbitration Forum then forwarded to Defendant/
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Respondent a Notice of Arbitration and Arbitration Claim form, and said documents
explained Defendant/Respondent's rights and options pursuant to the Arbitration
process. A true and correct copy of Notice of Arbitration and Arbitration Claim form are
attached hereto, incorporated herein and marked as Exhibit "C".
8. That due to the fact that Defendant/Hespondent did not provided a written
response to the National Arbitration Forum within the allotted thirty (30) day time period,
to either state Defendant/Respondent's reply and/or defenses to said Claim or to
request a hearing before the National Arbitration Forum, an Arbitration Award was
entered on May 25, 2004, in favor of Plaintiff/Petitioner and against
Defendant/Respondent in the amount of Three Thousand Seven Hundred Seventy-
Eight and 40/100 ($3,778.40) Dollars. A true and c:orrect copy of the Arbitration Award
is attached hereto, incorporated herein and marked as Exhibit "0".
9. That the Credit Card Agreement Additional Terms and Conditions and
document titled, "Important Amendments To Your Credit Card Agreement" both state
that judgment upon any arbitration award may be emtered in any Court having
jurisdiction.
10. That Plaintiff/Petitioner has filed the within Petition, pursuant to the
Uniform Arbitration Act, in an attempt to obtain jud!~ment against Defendant/Respondent
in a forum which is better suited to secure a collecitible judgment against Defendant/
Respondent, as the aforementioned Arbitration Award is non-binding and unenforceable
outside the scope of the Court of Common Pleas.
11 . That Plaintiff/Petitioner is entitled to the relief requested in the within
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Petition due to the fact that the aforementioned Arbitration Award was properly obtained
by Plaintiff/Petitioner; because this Honorable Court has jurisdiction over the
Defendant/Respondent to confirm the aforementioned Arbitration Award; and because
Defendant/Respondent did not make an application, pursuant to 42 Pa.C.S.A. ~7314,
within thirty (30) days of receipt of the aforementioned Arbitration Award, with the Court
to have said Arbitration Award vacated, modified and/or corrected.
WHEREFORE, Plaintiff/Petitioner respectfully requests that this Honorable Court
confirm the Plaintiff's Arbitration Award, pursuant to 42 Pa.C.S.A. 97313, and enter
judgment in favor of Plaintiff and against Defendant in the amount of Three Thousand
Seven Hundred Seventy-Eight and 40/100 ($3,778.40) Dollars.
Respectfully submitted,
~~~
10 No. 87062
Philip C. VVarholic, Esquire
10 No. 86341
Daniel F. Wolfson, Esquire
10 No. 20617
Wolpoff & Abramson, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
Counsel for Plaintiff
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VERIFICATlor~
Amy F. Doyle, Esquire, hereby states that she is the attorney for the Plaintiff,
MBNA America Bank, N.A., who is located outside of this jurisdiction and in order to file
the within document in an expedient and timely manner, she is authorized to take this
verification on behalf of said Plaintiff/Petitioner in t~le within action and verifies that the
statements made in the foregoing Petition are true and correct to the best of her
knowledge, information, and belief, based upon information provided by the Plaintiff.
The undersigned understands that false statements herein are made subject to
the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
//
~lJtU
ID No. 870 2
Philip C. Vvarholic, Esquire
ID No. 86:341
Daniel F. 'Wolfson, Esquire
ID No. 201617
Wolpoff & Abramson, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(71 7) 846-1252
Counsel for Plaintiff
EXHIBIT "A"
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AGMT 90
EXHIBIT
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ALL-STATE-INTERNATIONAL
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Juur \..Unl.rUC;L wu.n 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 deliniti,
,:ontained in the third paragraph of the Privacy Notice. For'
;:he remainder of the Agreement, we will use the definitions
described under the section heading Words Used Oftelf in
TJ1is Agreement.
.Privacy Notice
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-qual
:service. And while information about you is fundamenl
to our ability to do this, we fully recognize the importar
Cjf keeping personal and account Information secure. .
To offer you the widest range of products and servicE
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 ana best meet your needs, whether
t:h~y are available directly'from MBNA or through QUI
relationships with other. companies.. We want you to
understand our information,.~fegu'!fds, what informatl<
we collect, what informatibri'?we share', and the benefits
you rece!ve when we shC!re:'I~formation C!boutyou.
This notice describes the'.privacy practices of MBN,
Corporation;:ld all .>lBNA affiliates, including MBN~
America BarLk, N.A., MBNAAmerlca.(Delaware),.NA.,
Palladian Travel Services, Inc;, MBNA Hallmark
Information Services, Inc., MBN.A Marketing. Systems,
Inc., and MBNA Inst1rance Ag~'ricy; Inc:'lcbllectively,
'MBNA"). for financial products and services governel
by the laws of the United States of America. This
notice explains MBNA:s Information c011ection and
~:haring practices and. lets you choose whether or not
MBNA may share certain information about you, elth.
within MBNA or outside of MBNA. with other companie
Our Security Procedures: MBNA understands the
importance of protecting and ~ecuring information an
using it appropriately. Access.to .informatlon about yc
is restricted to the people of MBNA who require it to
provide products or services to you, We maintain physio
E!lectronlc, and procedural safeguards thar'comply wit'
federal standards for the secur.ity .of information.
When MBNA shares information' about you with
<:ompanies outside of MBNA, we require them to .
impose safeguards, use it only for a permitted PUrpOSI
and to return it to us or destroy it-once that purpose I
~;erved. We limit the amount of.information shared to
what is appropriate to offer a product or service effi-
dently. MBNA requires any company. receiving infor-
mation from MBNA to sign a Confidentiality Agreemel
I:ontaining these requirements and obligating that
I:ompany to protect the information as we would.
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UlIUflTldLJUJI Wt: ~UIIC~L: jVIC1~J"\ \"1.I11t:\,,~;' dllU U;,;:;,
nonpublic personal information about you to condl
our business and to consistently deliver the top-qua
Customer service you expect from us. Sources of tr
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 a:
consumer reporting agencies. to verify statements
you've made to us, or regarding your employment,
credit, or other relationships; and
· Information about your transactions with MBNA
with other companies outside of MBNA.
Information We Share Within MBNA: We may shar,
of the information we collect about you with finandaJ s
ice companies within MBNA to offer additional produd
services that may interest you and best meet your need
We believe this is convenient for you and may save you
bull, ~illle dlld IlIoney. To do so, we. SFlarl:: idcAtif.i€:ltier
information (such as name and address), transaction a
experience information (such as purchases and payme
credit eligibility information (such as credit reports ant
applications), and other information. The dedslon to .
chase any such products or services is yours alone. Yc
may tell us not to share credit eligibility information a'
you within MBNA. but please understand this does no
prohibit us: c:om oL'.~ring you additional products anc
services or from sharing transaction and experience.
identification. and other information within MBNA.
Information We Share With Others: From time
time, we may allow companies outside of MBNA to (
you their products and services that'may interest YOI
These products and services rnay be offered by finan
service providers (such as banks. loan brokers, aCCOL
aggregators. insurance agents. insurance companies
mortgage bankers. and securities broker-dealers). by r
financial companies (such as retailers. direct markete:
communications companies, Internet serviCe providt
manufacturers. service companies, travel agents. cru
lines. car rental agencies, hotels. airlines, publishers
and organizations endorsing MBNA financial produ
or services), and others (such as nonprofit organizati
Subject to applicable law, we may share all the info
tion we collect with these companies outside of ME
unless you tell us not to.
Additionally. we may share all the information w
collect with companies that perform marketing or (
services on our behalf or to other financial institut.
with which we have joint marketing agreements. V
are also permitted by law to share information abt
you with other companies in certain circumstance
For instance. we may share all of the information'
collect with companies assisting us in servicing yc
loan or account. with companies that endorse our
products and services through affinity agreements
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with government entities in response to.subpoenas or
reguatory 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
undNstand that we will continue to share information
in these additional circumstances.
Important Information About 'Your Choice: We're
dedicated to serving your needs - and to respecting
your choices related to privacy. You may tell us not to
share credit eligibility information within MBNA. and
you may tell us not to share information with companies
outsi de of MBNA that wish to offer you their products
and $ervices as described above. If you wish to opt
out of such information sharing, please call toll.free
1-866-75]-]255. We will ask you to verify your identity
and 1:he specific accounts to which the opt out applies,
so please have all your account. membership. or
reference numbers and your Social SecuritY. number or.
Taxp;ayer ]dentification'numbe.r for deposit accounts
::lY:lilable \xJ:1en you c:llI. . . .
MI3NA applies opt outS. at the 'accOunt level. not by ..,
individual Customer. When ariy-person,'llsted with others
on an account opts out '(for example,'.a'-Cb-applicant, jOint
acco1Jnt'holder, or authorized user), we'will'IiSt the entire
aCCOIJnt as having opted out. MBNA will continue to
adhE:re to its disc1osed.priyaCY..prattices for.an account
even if it becomes inactive or. i~'closed, ..
An opt out fro_:; inforr.lation"sharing on. an account
as dE~scribed above. 'either wlthln" M8NA aricllor with
companies outside of M8NA. remains effective unless
revoked in writing. Federal regulations require usto'.'
provide th is notice on an annual basis:whether or not
an 'a':count has previously opted out from either type
of information sharing. Pl'ease remember. when you
receive our subsequent notices that an account previously
opted out from either or both typeS.9f information sharing
(and not revoked in writing) does not need to be opted
out again.
This notice u.pdates and replaces any previous
noti.:es from M8NA about the privacy, security. and
protection of information. For additional information
regarding MBNA's.'privacy:practfces :concernlng the,
Intel'net, and to view the most recent version of this
privacy notice. please go to www mbna coni and click
on "Privacy Notice." You may have other privacy pro-
tections under state laws,' We may amend this privacy
notice at any time. and we willlnforrn y'ou.of changes
as rl~quired by law.
Words Used Often in Tnz$-}\greement
"Agreement" or 'Credlt Card Agreement" means these
Additional 'Terms and Conditions and the .Requlred Federal
Disclosures (or the Initial Dlsdosurer 'and any chan'ges we
make to those documents from time to time.
"You" and "your- mean each and all of the persons who ar.e
gra~ted. accept or use an account we hold. "You and "your"
also mean any other person who has guaranteed payment of
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this account. when used in the sections entitled. We Ma,
Monitor and Record Telephone Calls, and Amitration and Litigai
and when used in each of the sections relating to payml
this account (Your Promise to Pay. and How We Allocate YO\l1
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
any other person with authorization for use on this aceo
pursuant to this Agreement.
"Access check" means an access check we provide to l
make a Check Cash Advance on your account.
If we use a capitalized term in this document but we c
define the term in this document, the term has the mear
given in the Required Federal Disc:losures or the Initial
Disclosure. or as used in your monthly statement.
We use section headings (such as. Words Used Often ill This
Agreement) to organize this Agreement. The actual terms of 1
Agreement are in the sentences that follow and not the hea,
Sign Your Card
YSI:I shsl:llcl sigl'! ~ol:lr .:a,d LeE...." 11./1.1 u:'" Il.
We May Monitor and Record Telephone C
You consent to and authorize MBNA America. any of it
affiliates. or its marketing associates to monitor and/or n
any of your telephone conversations with our represental
or the representatives of any of those companies.
Credit Reporting Agencies
You autr ,'n7.e M6~ lA America to collect information abe
you, Including credit reports from consumer reporting agen
If you believe we have furnished inaccurate or Inc:ompl
information about you or your account to a'credit reportl
agency, write us at: MBNA, Credit Reporting Agencies, p.e
Box 17054, Wilmington, DE 19884-7054. Please include y
name, address. home phone number, and account numb<<
and explain what you believe Is Inaccurate or incomplete
How to Use Your A"ount
You may obtain credit In the form of Purchases and Ca
Advances by using cards, access checks.your account nun
or other credit devices. Please refer to your Required Fed
Disclosures or InItial Disclosure to determine what transact .
constitute Purchases and Cash Advances and how you m.
obtain them.
.Transaction Date for Certain Casn Advan
The transaction date for Check Cash Advances and Bale
Transfers dene by check Is the date you or the person te
whom the check is made payable first deposits or cashes'
check. The transaction date for a returned payment la Sa:
Cash Advance) is the date that the corresponding paymen
posted to yeur account.
Purposes for Using Your Account
You may use your account for personal, family, or house]
purposes. You may not use your account for business or
commercial purposes. You may not use a Check Cash
Advance, or any other Cash Advance, to make a payment (
this or any other credit account with us. You may not use C
permit your account to be used to make any illegal transad
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Persons Using Your Account
If you permit any person to use your card. access checks.
accou.,t number. or other credit device with the authorization
to obtain credit on your account. you may be liable for all
transactions made by that person including transactions for
which you may not have intended to 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
accou,t holders.
How You May Stop Payment
.'i on al1 Access Cfleck
'. You may request a stqp payment on an access check by
'1 providing us with the access check number. dollar amount, and
,j.'.:,'.' 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.
I You May Not Postdate an Aaess Cneck
1 You may not issue a postdated access check on your
~ accoul,t. If you do postdate an access check.. we may elect to
3 honor It upon presemmem or re~urn I~ unpaid ~o Lhe person
';{ that presented it to us for payment. without in either case
'f waiting for the date shown on the access check. W.e are not
l liable to.you for any loss or expense Incurred by you arising
i out of the action we elect to take. .
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~ W~E~~ Your Payment Will.B.e,C~edite~
t . to Your Account
:1 ~ credit payments as of the date received. if the payment
:i is: (I) received by 2 p.m. {Eastern Time); ~2) received at the
a address shown in the upper left.hand comer of the front of
~ your monthly statement; (3) paid with a check drawn in U.S.
dollars on a U.S. finandaJ institution or a U.S. dollar money
order: and (4) sent in the return envelope with only the top
portic)O of your' statement accompanying it. Payments
received after 2 p.m. on any day including the Payment Due
Date. bufthat otherwise meet the above requirements. will be
cr~dil:ed as of the next day, Credit fC!r any other payments
may be delayed up to five days.
How We Allocate Your Payments
WI! will allocate your payments in the manner we determine.
You,~ Promise to Pay
Yo~: prom ise to pay us the "mounts of all credit you
obtain. which Includes all Purchases and Cash Advances.
You also promise tc ~ay us a:: the amounts of finance charges.
fees. and any other transactions we charge against your account.
Payments. on Your Account
YOLI must pay each month at (east the Total Minimum
Payml!nt Due shown on your monthly statement by your
Payml!nt Due Date. You may pay the entire amount you owe
us at any time. Payments made in any billing cycle that are
greate'r than the Total Minimum Payment Due will not affect
your clbligation to make the next Total Minimum Payment
Due. If you overpay or' if there is a credit balance on your
account. we will not pay interest on such amounts. We will
reject payments that are not drawn in U.S. dollars and those
drawn on a financial institution located outside of the United
Statel;. Payment of your Total Minimum Payment Due may
npt avoid the assessment of Overlimlt Fees.
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In most instances. we will allocate your payments to balance
(including new transactions) with lower APRs before. balance
with 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 Pay Applies to All Persons
All persons who initially or subsequently request, accept.
guarantee or use the account are individually and together
rl:sponsible for any total outstanding balance. We may refu~
tl:> release from liability any person who is responsible to pa:
any total outstanding balance. until all of the cards, access
checks, and other credit devices outstanding under' the
account have been returned to us, and any such person.or
~Iersons repays us the total outstanding balance owed to us
at any time under the terms of this Agreement.
pefault
You will be in default of this Agreement if: (I) you fail to
rnake any required Total Minimum Payment Due by its PaymeJ
Clue Date: 12) your total outstanding balance exceeqs.your
credit limit; or (3) you fail to abide by any other term of this
;\greement. Solely for the purposes of determining eligibility
c,Rel j:lrc:millm 13Jym@r:lt obligati~"" FI"l~th.. I"lptlnn~1 cr",dit l~
Cince purchased through M8NA. you will be deemed. in defaull
(lr delinquent if you fall to make a payment within 90 days of
your Payment Due Date. Our failure tq exercise any of our
rights when you default does not mean that we are unable to
E!xercise those rights upon later default. ..
~Nfren We May Require Immediate Paymei
If you are in default we can require immediate payment
()f your total c',1tstandi-:g balance and, unless prohibited by
applicable la~i and except as otherwise provided unlie.r the
Aroitraliol1 al1d Litigatiol1 seCtion of this Agreement. we can
;llso require you to pay the costs we InQ;lrin any col.lectlon.
proceeding. as well as reasonable attomeys' fees If we refer
~,our account for collection to an attorney who Is not our
!ialaried employee.
:OtJier Payment Terms
We can accept late payments. partial payments. or paymel
with any restrictive writing without losing any of our rights
under this Agreement. This means that no payment, Includ
those marked with .Paid in full" or with any other restrictive
words, shall operate as an accord and satisfaction wltho!Jt t
prior written approval of one of our senior officers. You may
not use a postdated check to make a payment If you do PO!
date a payment check, we may elect to honor it upon prese
ment or return it uncredited to the person that.pres~nt~dJ'
without In either case waiting for the date -shown on the
check. We are not liable to you .for any leiss or expense'
incurred by you arising out of the action we elect to take.
Payment Holidays
We may allow you, from time to time, to omit a monthly
payment We wl1l notify you when this option is available.
If you omit a payment, finance charges and any applicable
fees will accrue on your account in accordance with this .:
Agreement. You must resume making your Total Minimurr
Payment Due each month following a payment holiday.
Transactions Made in Foreign CurrendE
If you make a transaction in a foreign currenq. the tran!
tion will be converted by Visa International or MasterCard
International,. depending on which card you use. into aU.:
6
i oOllar amount In accoroance with the operating regulations or
.; convl2rsion 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
(I) a wholesale market rate or (2) a government-mandated 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 serv-
r ice, The currency conversion rate in effect on the processing
J date may differ from the rate in effect on the transaction dat2
l or thl~ posting date.
~
Billing Cycle
Your billing cycle ends each month on a Closing Date
determined by us.. Each billing cycle begins on the day after
i the Closing Date' of the previous billing cycle. Each statement
4 reflects a single billing cy~Ie. . .' .
} Account .Fees.ra".11.d' Cfui'rges " '.
';! Ac,count Fees: The following fees, which are set forth on your
;~ Required Federal Disclcisu.res or. Initial Disclosure, are charged
'J as Purchases in the billing' cycle in.which the fees acc:r.iie: .
."
1 (Il.a .I:'ate Fee if the Total Minimum Payment Due shown on
J ~'S'H l'RQRtRl':l statei'Rlll'1t is FlOt rceei\'eel \:;Y.\:Is Of! er etJert itJ
I .
] Paym ent Due. Date;" . :.'
:1\ (2) an Overlimit Fee If your New. Balance Total exceeds your
.l credit limit on the last day of a billing cycle. even if fees ,or
1 financ:e charges ch~rged' by.:us cause your NeW Balarll:e Totaf'
t to exceed your credit limit: an Overllmit Fee Is charged to your
l' .
j. account as of the day In the billing cycle that your total out-
. ; standi,ng balance on your, account exceeds your credit lImit:
: (3) a Returned Paymerit'f'ee 'if a payment on'your a'ccount is
'j"; retu,m~d for insuff :;;~r:'t:fu~;Js or for any other reason. even if
,': it Is paid upon subse9uent presentm~nt: '.
': (4) a Returned Cash Ad~arice ~heck Fee if we'retum an access
::at check unpaid for any reason. even if the access check is paid
l upon subsequent pres~niniEmt: . ..... .
~. (5) a Copy Fee for each C9PY of a monthly statement or sales
;1: draft. except that the six most recent monthly.statements and
. ' six sales drafts will be provided for free; and
; (6) an Annual Fee if your p.~count is open or if you maintain an
. ; account balance. whether,you have a'ctlve chargini privileges.
. . or not. :.
lJ; Abandoned Propeity Charges: Unless prohibited by applicable
i law, we will charge your account. as a pu'rchase. for any costs'
. i incurr!d by us associated 'with complying with state abandoned
~ \ property laws. . .,. .
') i Please review your Required Federal Dlscl.osures or InitiaT"
II Disc1clsure for additional fees and charges. that may apply to
~! your clccount. .
L fi
Ii Bene ts
-ll We may offer you certain benefl~s and services with your
:! account. Unless expressly made a part of this Agreement. any
II such' benefits or services 'are not' a part' of this Agreement. but
:1 i are subject to the terms and restrictions outlined In the benefirp
4 i brochure and oth'er official documents provided to you from
~ j time to time by or on behalf of MBNA'America. We may adjust,
i I add: (lr ~elete benefits and services at 'any time and without .
I i notiCE! to you.
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II Refusal to Honor Your Account
11 We are not liable for any refusal to honor your account.
II This can include a refusal to honor your card or account number
II or an:t check written on your ac.,count. We are not liable for
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any retention of your card by us. any other bank. or. any
provider of goods or services.
We May Suspend or Close Your Accoun
We may suspend or close your account or otherwise tf
nate your right to use your account. We may do this at a
time and for any reason. Your obligations under this
Agreement continue even after we have done this. You r.
destroy all cards, access checks or other credit devices 01
account when we request.
You May Close Your Account
You may dose your account by notifying us. in.writing
telephone. and destroying all cards. access checks or oth
credit devices on the account. Your obligations under thi
Agreement continue even after' you have.d~ne this.
Transactions After.Your Acc.ount Is Clo:
When your account is closed. you must contact anyone
authoriz.ed to charge transactions to your accoul1t. such as
Internet service providers. health dubs or insuran.ce compo
These transactions may continue' to be charged to your
",rrnl\nt until ynu chanlie the billine:. Also. If we believe
have authorized a transaction or are attempting to use y.
account after you have requested to close the account. \\
may allow the transaction to be charged to.your account
We May Amend Tnis Agreement
We may amend this Agreement at any time. We may
amend it by adding. deleting. or'changlng proviSions of t
Agreement. When we amend this Agreement we will cor
with the aplicable "otice requirements of federal and.
Delaware !...-N that ale in effect at that. time. If an amend
gives you the opportunity to reject the change. and if you
the change In the manner provided In such amendment. \
may terminate your rignt to receive credit and may ask y
return a1\ credit devices as a condition of your rejection.
amended Agreement (including any higher rate or other;
charges or fees) will apply to the total outstanding balar
Including the balance exIsting before the amendment becan
effective. We may replace your card with another card at an~
We May Sell Your Account
We may at any time. and without notice to you. sell. c
or transfer your account, any sums due on your account,
Agreement. or our rights or obligations under your actol
this Agreement to any person or eRtity. The person or e
to whom we make any such sale, assignment or transfer
be entitled. to all of our rights and/or obligations under I
Agreement. to the extent sold. assigned or transferred.
Your Credit Limit
Your credit limit is disclosed to you when you receive
card and. generally. on each monthly statement. We ma
change your credit limit from time to time.
The amount shown on your monthly statement as Ca
Credit Available does not take into account any Purchas
Cash Ad\lances. finance charges. fees. any other tcansad
or credits which post to your account after the Closing [
of that monthly statement. Such transactions could re:
your credit limit being exceeded and result in the asses:
of Overlimit Fees.
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Exceed Your Credit Limit
ihe 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
out;tanding balance (plus authorizations) exceeding your
credit limit. we may: (I) permit the transaction without raising
your credit limit; (2) permit the transaction and treat the _
~ amejunt of the transaction that is more than the credit limit
j as immediately due; or (3) refuse to permit the transaction.
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~.: II' we refuse to permit the transaction. we may advise the
per:;on who attempted the transaction that it has been refused.
.r- If we refuse to permit a Check Cash Advance or Balance
~ Transfer, we may do so by advising the person presenting the
i Che~ck Cash Advance or Balance Transfer that credit has been
l refused, that there are insufficient funds to pay the Check
l Cash Advance or Balance Transfer. or in any other manner.
:f Il'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 decipe to permit you to exceed Y!Jur credit limit,
we may charge an Overlimit Fee as provided in this ~reement.
1J.JumtJiodud USg of Y~rd
Please notify us immediately of the loss. theft. or possible
unauthorized'.lJ~e of your account at 1-800-421-2110.
You Must Notify Us Wnen You
C~lange Your Address .
We strive to keep accurate records for your benefit and ours.
The post office and others may notify us of a change to your
address. When y"u chanr.. your address. you must notify us
promptly of your ;.ew addr~ss.
Wi~at Law Applies
rhis Aireement is made in Delaware and we extend credit
to you from Delaware. ihis Agreement is governed by the
laws of the State of Delaware (without regard to its conflict of
iaws principles) and by any applicable federal laws.
Tile Provisions 0'( This Agreement
are Severahle
If any provlsion.of this Agreement is found to be invalid.
the remaining provisions will continue to be effective.
01~r Rignts .Continue
Our failure or delaY in exercising any of our rights under
thl:. Agreement does not mean that we are unable to exercise
th(lse rights later.
Al'6itration .and Litigation
This Arbitration and Litigation 'provision applies to you
unless you were given the opportunity to reJect the Arbitration
and Litigation provisions and you did so relect them in the
mclnner and timeframe reqUired. If you did reject effectively
su.:h a provision. you agreed that any litigation brought by you
ag,ainst us regarding this account or this Aireement shall be
brl)ught in a court located in the State of Delaware.
Any claim or dispute ("Claim") by either you or us against
th,~ other, or against the employees, agents or assigns of the
ot~'er. arising from or relating in any way to this Agreement or
any prior Agreement or your account (whether under a
statute. in contract. tort. or otherwise and whether for money
damages. penalties or declaratory or eqUitable relief). including
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Claims regarding the applicability of this Arbitration and
Litigation Section or the validity of the entire Agreement 0
any prior Agreement, shall be resolved by binding arbitrati,
The arbitration shall be conducted by the National Arbitrat
FC)rum I"NAF"}. under the Code of Procedure in effect at the ti
tre Claim is filed. Rules and forms of .the National Arbitratiol
Fc)rum may be obtained and Claims may be filed .at any.Natic
A,:bitration Forum office, wViw.arb-forum com. or P.O. Box 50 I
Minneapolis, Minnesota 55405, telephone '.800-,m-2371. If
NAF is unable or unwilling to act as arbitrator. we may suI
stitute another nationally recognized, independent arbitral
organization. that uses a similar code of procedure. At you
written request, we will advance any arbitration filing fee,
administrative and hearing lees which you are required to
p.3Y to pursue a Claim in arbitration. The arbitrator will
dl!cide who will be ultimately responsible for paying those
fees. In no event will you be required to reimburse us for i
arbitration filing. administrative or hearing fees in an amor
greater than what your court costs would have been if the
CI'aim had been resolved in a state court with jurisdidion.
Any arbitration hearing at which you appe~r.wil! tak~ place
within the federal judicial district that inc;ludt:!s your billin€
address at the time the Claim is filed. This arbitration agr.
ili:t:IIL i::a IIIi:jJc: IJUI:1Udllllu r:a l"SII':'d"",Liull ;uv\Jlvi~15.;lIl..:;t.:lldt
cc)mmerce and shall be governed by the Fed~ral Arbitratlof
Act. 9 U.S.C. 9~ ]-16 ("FAA"). Judgment upon any. arbitratic
award may be entered in any court having jurisdiCtIon. The
arbitrator shall follow existing substantive law to the e~ent
c()nsistent with the FAA and app\1cable statutes of Iimitatlol"
al"ld shall honor any claims or privilege recognized'by law. .If
p:uty requests. the arbitrator shall write an opinion.containil
the reasons for the award.
No Claim s::)mittec::o arbitration Is heard.by a jury an<
no Claim may be brought as a class action or as a private
a:torney general. You do not have the righ~ ~o act as a cia
rE!presentative or participate as a member of a class of
daimants with respect to any Claim. This Arbitration and
Litigation Sedlon applies to all Claims now In existence 0
that may arise in the future. .
This Arbitration and Litigation Section shall survive the
tl!rmination of your account with us as well as any volunta
payment. of the debt In ful1 by you, any bankruptcy by you
sale of the debt by'us,
. For the purposes of this Arbitration and Litigation Sectl
.we" and .us" means MBNA America Bank. N.A.. its parent
subsidiaries. affiliates. licensees. predecessors. successor~
assigns. and any purchaser of your account.-and all of thei
clfficers, directors. employees. agents and assigns or any a
a 11 of them. Additionally; "we" or "l,Is. shall mean any thlrc
party providing benefits. services. or products In connealc
with the account (including but not \1mlted to credit bureo!
merchants that accept any credit device issued urider the
cilccount, rewards or enrol1ment services. credit' insurance
c:ompanies, debt collectors and al1 of their officers, directc
l!mployees and agents I If. and only if. such a third party Is
named by you as a co-defendant in any Cllli",. you assert
ilgalnst us.
If any pa'rt of thl~ Arbitration and Litigation Section Is
found to be invalid or unenforceable under any law or sta!
I:onsistent with the FAA, the remainder of this Arbitration
'~itigation Sedion shall be enforceable without. regard to =
invalidity or unenforceabillty.
THE RESULT OF THIS ARBITRATION AGREEMENT IS"
EXCEPT AS PROVIDED ABOVE. CLAIMS CANNOT BE LlTt
CATED IN COURT. INCLUDINC SOME CLAIMS THAT COU
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IAS PRIVATE ATTORNEY CENERAL ACTIONS.
1
1 iCREDIT INSURANCE BENEFITS,
I [liMITATIONS, COSTS & EXCLUSIONS
i iCONSUMER PROTECTION. DISCLOSURES
~ !cRED'IT INSURANCE 15: NOT A OEPOSIT;'NOT FDIC.
! ; INSURED; NCrr INSURED BY ANY FEDERAL GOVERNMENT
j iAGENCY;.AND N~T GUARANTEED BY THE BAN~.. .
1 ! PURCHASE'OF CREDIT INSU~CE IS NOT.A CONDITION
i i OF OBT.'\INING CREDIT. IF COVERAGE IS DESIRED. IT
1 . MAY BE PURCHASED ELSEWHERE.
1 ; ~t lnsuT'ance pays your.minim.um monthly payment"
i I up to your balance on the'date of. loss (not to exceed 525,000,
t I except disability in MN). until you return to work" If you are
J i involuntarily unemployed..t.Q.ts.lli disabJeo, or jf you or your
f I spouse takes covered family I.eave: Credit fnsur~'nce also
J i pays your insured outstanding'balance up to the least of your
:I I ~~~s:~~~~~~~~,n~eD~~u~,cr~~.it~~~~6~~tH~~~Rt.~D~~;
J IWA, WV &- Wi), or S25.000ifyou die. . . . .
.j::. i Wl>iIIln a.. ;n,,,ed po< mo",' /1",,,0<1 m,"b"he
I pnmary cardhOlder or a co.apphcam. auchorlzed. u::;l:r~ ,1Il:'IIUl
eligible). under age 66 (70 in AZ', NV &- VA; 71 il'l F'L; GA; MI.
I MO &- OK; 721n NMl.Your coverage ends at these same ages
i.(except I'amilyleave in AZ..FL &- SD &- unemployment). When
j..enrolled. certificates wilt be mailed explaining your coverage
f I &- effective date. In MN. unemployment coverage Is effective
:.:i ! 61 daysrrom your certificate effective date. For unemployment
J i or family leave benefits. you must'be gainfully employea .
1 i working at least 30 hrslwk (not self"employed or an Independent
1. \. contractor) for 90 co' !!!cutiv~1ays before the date of loss .
.J ! '/CO . bdore application date). /PA. on the date of loss).
J., t (TX. before coverage effective date 'for unemployment).
1 I :e:mploYl~es of professio~~1 corporations may be eliiible.
1 . ~~ra2es & Benefits: Credlt'lnsurance covers: your
1 I.death; Ilwoluntary'unemployment due to'lob loss. general
.j ; strike. unionized labor dispute; or lockou~;'total disability due
l I to sickness or injury If you are unable to perform the material
I : &- subst,;ntial duties' of your lob lor any job after 12 mos. In
1.' l ~~~;l~s~t~\~~:~~N~'ci'H~'gi.'~~s~:'~~:~ ~A~~.
., WI &- WY); your or your spouse's unpaid leave of absence
from employment due to are of your newborn or newly adopted
:1 1 child or an incapacitated immediate family member.(mllst be
! spouse. child. stepchild or parent in AK); mandatory recall to
i ! active military duty; jury duty (except in AKl: or residence in
.I i a federcllly declared disaster.area. Loss (not death) must
.f I continue at least 30 days before benefits begin. In NY. fO,r..
1 : strikes..unionized labor disputes &- lockouts. you. must be..
~ i unemployed for 7 consecuti...e weeks & qualify for state unem-
.1 I plbyment benefits before benefits begin. A daily benefit Is
:\ l pald'for each day of loss over 30 days for unemployment In
1 : NY &- PA. and disability in CA. CT. GA. NY. MI. PA, Rl &- SC.
1 I You may cancel this coverage at any time. If canceled within
i ! the first 30 days of coverage. all premiums will be refunded.
I ; ~1lli2!!il Life: suicide. in the first 6 months:of.co~erage
j : lnot MI:> &- MO). invo,luntary U.nemployment: retirement.
I I resignation. voluntary for.feiture of income or job loss !iue to
; i willfull:lr criminal misconduct. disability. strikes In 'IL; military
'j', : discharge in NY &- normal seasonal unemployment in'T:<.
. ; Disability: normal pregnancy or childbirth (not CA. !viA & NV).
II ; intentil:lnally self-inflicted injuries Inot MOl. or a pre-existing
; mediccll condition during first 6 months of coverage (not N)).
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receiving unemployment benefits or are disabled.
This is only a brief.description of coverage. and coverages
vary by state. Please refer to your certificates for a full
explanation of coverage. .
~:osts tier oS J 00 per Month of Avera2e Dallv Balance; .
Co~;ts apply to Life {Ll. Di?ability (D). Unemployment (U) &
Farnily Lea'le (F): AL 54.5c; AK 78<:; p.:z. 99.9<:; AR 99<:; CA
89.9c: CO 50.66c; CT 42.89<::.DE 99.9c: DC 99.9c: FL 8ge' GA
90.,3e: HI 89.91 <:; ID 99.5<: (L B:k 0 16.9c. U 54c. F 20<:); IL
80.97e; IN 96c; lA 97.8<: (L 7:2c', 0 16.6<:. U 54c. f 20<:); KS
85.47e: KY 97.4e; LA. 99.93e: ME' 53.05e;'MD 79.74e; MA 15.7c:
MI 85.7c; MN 31.47e; MS 92.5c; MO 61.1c; MT 93.9c:; NE
95.<3e; NV 99.87c:; NH 95c; NJ 97e; NM 58.9c; NY 52.5<: {LS.Sc.
D 26.8e. U 16.9cl: NC 71.3c:: ND 94.97<:: OH 99.9<:; OK 97.47c;
OR 80.8e: PA 38.le; PR 99c'; RI99.8c; SC 78.8c: SD 99.9c; TN
925c; TX 33.7e (L 4.8<:, D 12.9c. U 16c); UT 90.44<:; vr 34.92c
(L 6.68c. 0 12.24C. F 16<:); VA 84<: (L 6.1 c. 0 8.9r:. U 49<:. F
20<:); WA 89.39<:; WV 99.5<:: WI 93.6c: (L 5.7<:. 08.9<:. U 59c. F
20<:) & WY 99.7c.
J\vailabllitv: Involuntary Unemployment is not available In
MA or vr. Family Leave Is not available in AL, cr. MA. MD.
MN. NM. NY. PA. or TX.
]JnderWritlne ComoanlesIPollcv: Involuntary
Unl~mployment: American Security/LOI(5185). LO[ NY{3/93).
AS LOI TX{ 11/99), LOIC-IP-KS(2196). LOIC-IP-CRS-ME(5/851
and LOIC-IP; StC!ndard GuarantylSG LOI (S/B5) (NH only).
LifE! & Disability: Union Security UfeIL-I.Z. L.S-G in AL. AZ.
AR, DE. DC. 10. IL. IA. KS. LA, MO. MN, MS, Ny' ND,.OH. OK,
RI. SO, \fr;.WA. WV & WY: Standard Guaranty Life (TX onty)/
L-(ooZ(8192)(3.53RA). First FortIs Life (NY Life only)INYLMOO 13
American Security (NY DisabilIty onIYIIW-S~A, Fortis
Insurance (ME <..'\ly)/U.X..\. Family Leave: American
Sec:urityIFLP (4/97), FLP-FL( 12197) In FL. FLP.NC (319B) In NC,
FW.OK(4/97)In OK. FLP-VA(21981In VA. FL.IP{AZI{7198J In
IV.., FL-IP(4/971 in IL & IN, Fl.-1P-1<:5 (12197) in 1<:5. FL.IP-ME
(4/99) in ME; FL.IP-WY(4/97) In WY: Standard Guaranty/FLP
(4197J in NH: Union Security Life/FLP.vr(4/91) in 'IT. Solldtin(
agE:nts for MissisSippi and Florida are Charles M. Gordon and
Pamela Curtis respectively.
'rhe creditor may receive compensation in connection with
thi:. offer.
It is a crime to provide false or misleading Information to an
insurer for the purpose of defrauding the insurer or any other
person. Penalties include Imprisonment and/or lines. In addition
an Insurer may deny insurance benefits If false Information
. materially related to a claim was provIded by the applicant.
"Less past due and over credit limit amounts. In MI. cover.
agl~ pays 5% of the balance on your date of dlsabUJty up to
51250. In OR, coverage pays the.greater of 1136th of the bal-
an,:e or the current minimum payment due on your date of
lo~;s. In NY & PA. coverage pays the minimum payment due
on your date of loss. In TIC. coverage pays the Qreater of 6% O!
your insured outstanding balance on your date of unemploy-
mEmt or your minimum monthly payment.
""The number of monthly benefit payments will not exceed 9
for family leave: 12 for unemployment In AL. AI<. CT. [L, MI. MN
MC). MM. NC, NY. PA. SC &- TX: IHor dIsability in AK, CO. ct
FL. KY. MA. MO, MT. NE, NH. NM, NC, OR. SC. UT &- VA.
~r. NJ &- TX Residents Only: To purchase coverages separatel~
write to Assurant Group, P. O. Box 50355. Atlanta, GA 30302.
Applications will be sent to you. .
[2
EXHIBIT "B"
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:IMPORTANT AMENDMENTS
TO YOUR: CREDIT CARD AGREEMEM.T
ih~e Amendments change the terms ofYQllr Credit Card Agreement Please read this docu~ent
and Keep it with your ,C~11 Card Agreement. Except for these Amendments, the terms of your cJtTI
Agreement continue In full force ana affect.
· please flote tl'lat we, have Chana,ed OUl' qddress fordi.sgutes regarding the accura~ or.compJetenes<
~~m~~~~~a~r~1%~,<1N~~T~n8~~~~iO"~~ew a~dre$$IS MBNA, lIredit R~rting ~
· iffeefive with transactlonsfthat post to your~account on or after JanualY 16, 2000, lfyou oblai~a E
r.c:!Yance a Balance T I3f1S er. or an 0 lie (Jash AdVance, we wll a a transaction fee II C
~~~~~;:rMf.cT6~.O% of the U.S. \9of~lr amount of each suc~ ~~Advanee (Minimul ee: $E
· i!f.~tive W1lhAtcarRsactionc ~s S.1m that post to ~ur~ tagCO/zlnt,on or after. January 15, 2000. If YQU obtain a Bar
~yance an CaShAcMmce ora II EqUlvaen~weWlll essamsaCllonfee fiNANCe
" CHARGE) equal 03,00% of the U,S, Do ~lr amount of each suct~Sh Mlence (Mlnim~m Fee: $5
· Effectl'J!l AorIJ,u 8, 2000. mil Mmlnimum Rt~nentwlll be calculated as follows: The Total Minimum Pe
PDueea"l1 tliluh.lna,cvcle Viill be, !_sum 0 .tnEI'C!.l~tPaymentDll.HlaJl ~~UElFa}TlOl.lnta;.. The Currer
ayment eac ollliIIC Ie WI (JI::I the esser ot 1 the S(ltl'l or all PerioCBc te manes li ,
AbTrananclsac~~ pFees. ~dC~uqt FeeJ'Iexcls 1I2din) ~ 1 e.tumld ,Qt!A Advance eokThFe~ C~es, c
OIl-lN rope ham-as} plus l' ; or Z2 'KI afthe New B a 0, e CUff it. e
IJp8verbSloess than ~~~n!~ YOlJf ew Bal,lance lit alai is less than '1~ ~J1 esse the ~ta~n
aYrGem ue will ~w u19 New Bfllance otal. 'fa8~ent IS crei:lited to your account Dutls returr
unpaid in a later bilB]lg CVE~e, we Will recalculate the Ul18t1t Payment for the blllfng cycle In which
the payment was onglilaJl) credited ,
· YOrjju.consen1to and authotelrizs MhBNA Amerieallany oUts affiliates. or its.markelIng as3QCiates ~o mar
an or recolu ~y of your ep one eonversauons With our representatives or the representattves of
those companies.
· As Rrovfde<l In Your Credit Card ~ment and under Delawa~ law, we are amendIng tile (
cari Ii:! Agreemenl to iJlCIUd~e an Arbl (In Section. Ple.ue read (t Carefully.lbecag~e It wjll at
ght to go to couiJ, inclu ng any ngj you may have to have ~Jury, triy. te~ClI OU (ind
hay to arbitrate claims. au ay CllOOSe not fa -be sub ect to trUs ~ b' on on a fo
the Tnstnlctions at the enSd ottWis notiCt~ This AtbitnltiJn Section will come ective ~ I
1, 2ClOO. The Arbitration ecUon read$: .
ArbitratiOn:i' claim o~R!~u~ C'Cllllimd) bv eith~r Y9lJ orus against. the other, ortaga/nst tt)e eAmPloy
agents or U$! S of the UUlar, anslng fl',Om o:r relating In any.way ~ this "'!men 01' any pnor greer
your ~count hether under a.~.!tLn"ll~.,..CC!ntralact. fOrtior o'ttlerMS8 and 1 e 'mlrfPr..monty AIWd!~gesti.
genalues or aratory oreqwtmJle re le"i'lnc UdingC alms regartllng the~all I ~ ~ Ilia,
section or the validity of the entire Agl'illment or any prior Agreement; Shall be IV bY Ind ng art:
The artlitra~on shall be5lP~ led b:ll1ble Naljona~1 ArbJ~traticn Ftfcrum NAF"l. unFderth9 Cadie ~J'~::e
Bff~t at the tim@.~ Clam IS ed.aI ~-.:es end YI e Na onal tib'aHon onmS II \oIUso!,Qlglle1,
ma beJlleClat a on I'\IWltrall()~', or" ox ~
M n ~. Minnesota . tel 81. ~'l 1. 18 , e 0l'ut1Wl dJ'lg aclas
si gJ~*!tIJtanQ~~~~vr~ in~ntl~,!i!l~~~i~M
. ealing f~WhiCh~~~~ea\!to~Lr1SUeaml~=In.'1'h ~Gii~~1I ~CI
1 be ultimatelY nsible fer ng u 1~9 lees. In no event Will be to relm~~9 us rOt
~ifUQn filing. ZistIalive orl~eanl ngtaf6eSt in anrt aroQ~t greqt~n IN t vo.tiurQOE!t..l~at WOlJh~ \
~II tt1e Claim been 1'$$0 YIp,I n a S9 coo WI ...,\$C1lCUOn, Any ~ Irtition nl;fCllln w IIiII I
amlearwill take p.=Within the federall~3al d1sbict~tlMcluaes y~urbl no address at ~e time th~
is tiled Thi$ ~Itratton ~mentIs mwmi)Ursual'lt~a transaction InvoMnglnterstate co~reeti . a
be ovemed by, the Fedenll Arbi1la . .1 U,S.c. -16 F. · . JUClgI t any CUUIIU:I on ~
mae be entere6 in amr court havin!;l ~~ I:ln. The ~to~rf4i Jallow ~~=~~stacnltfYe law to. ~
ex~t CQ~stE!f1t \Nitti the FAA ana appliceblie statutes of Ilmita.1J;\. an~ _I h ~y. alms or p1J'4
recomzed oy law. If any party requests. thEI arbitrator shan write an opinion conta rung ltie reasons fo,
8Wa1t1 .
No Claim submitted to aibitration is heard bv a jUry and no Oaim may be brough~ as a c1artiss ~titon ora!
private attorney general., You WiIl,oot have -~'e (1gnt.to ilct as ~ clas:J reQresentaS~pv9.2!'.RS Ct!p8 91 ates C
member of a crass at claimants WitI'l ~t to i CfSlm This Arbitration _uon ~ no iPP Y
between !.I and I.IS viQuslvasserted in ;1rI I suits filed befOre the da~e this Arbitra on S~C~lon.bE
~ffective.~oweV8r, ~ Aroitfatlon Section a~1 as to all Claims now in existence or tha~ may ansa In t
futlJre,
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EXHIBI1'
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payment (lnne aect In fUll gy YQU, in)' canKlUplCY oy you or sale 01 me aeo[ cy us,
FOf' t~e PIJ~ses ofthi$ Arbitration SectiOI', .we. and .us. means.M8NAAmerica Bank, NA its par
suPsldiaries, affiliates, licensees, pmdecessors, successors. assIgns, andaJ:"IYpurchasero~'ol.ll'ac(
an~.aIJ Ohl their officers. dlrectors, emcloye:es. agents aru:tassigns or anv.~nd all of them. A !ItionaJl
or us. s an mean arrJ tfiird oarrv crovldin!~ benefits, servu:es, orprodUc~ 10 connec~on WI I.I1e ~
{including but r..ot limited to credito4feaus, merchants that accept pny ~t deVIce issued undir thE
aoooun~ i'ewards or enrollment samcss, (lredi! insurance companies, U\:AJt Ct.Jllecto~ and all ot their
offi~, drec~ors, 6mPhtyees and agents]~ if, and only if... such a third P8rtYtiSthi,lSmeg by.you as a
co-I,jl;llendant In any ClaIm you asseii: aga.lnsl us. Also, Tor the purposes 0 IS Arbltralion Section .
"yours. snail mean any person or entirt aP.~roved by us to use the accoun~ including but not IimiteO
pernons or entities col'lti'actually obligatea on the account and all authorized users 01 the account
If any p'art of this ArbItration Section is found to be invalid or unenforceable under SflY law or statute
cooslstent with the FAA the remainder of this Aibitration Section shall be enforceabre without regar:
such invalidity or unenforceabilily.
THE RESULT OF THIS ARBITRATION SECTION IS THAT exCEPT AS PROVIDED~OVE. CL
CA~NOT 8EUTIGATED IN COUnR11NCLUDING SOME ClAIMS THAT COeUlD HAV SEEN TF
BEFOREA JURY, AS CLASS AC uNS OR AS PRIVATE ATTORNEY GEN RALAC IONS.
If you do nDt wish you/, accouatto be S!Jl2iE~ct to this Arbitration section,~ou mU$t write to us at MBN.
Ainerfca, P.O. Box1:J565, Wf(min ton,ai:19850. Clearl nnto( e 'OurnameanrJc~ditcardal
number and state tJiat)'oo ~"ect ~s Arbftra~on SeytiOf!. ~u mU~doll t10~ce in Wri~~; It is not su,;;:':
tel!One us. Send tt1r$ notice o. uy to the address In thls.oaragraph, not,senp 11 WI a Rayment ;r'
18. . lie yourl.rat the above a'dd~l by January 25, 20QO oryoU( IJJection of e 'Afbitratj~
wil notbe etfectjve.
~ 1999 MBNAAmerica Bank, N.A.
.
.' ,
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. "
EXHIBIT "e"
4043
NOTICE OF ARBITRATION
Dear Respondent,
AN ARBITRATION CLAIM HAS BEEN FILED AGAINST YOU.
Enclosed and served upon you is the Initial Claim. You may obtain a copy of the Code of Procedure,
without cost, from the Claimant or from the Forum at WWW.ARBITRATION-FORUM.COM or
800/474-2371.
IF YOU DO NOT SERVE THE CLAIMANT AND FILE WITH THE FORUM A WRITTEN
RESPONSE, AN AWARD MAY BE ENTERED AGAINST YOU. AN ARBITRATION AWARD
MAY BE ENFORCED IN COURT AS A CIVIL JUDGMENT.
YOU HAVE THIRTY (30) DAYS TO RESPOND FROM RECEIPT OF SERVICE.
You have a number of options at this time. You may:
1. Submit a written Response to the Claim, stating your reply and defenses to the Claim, together
with documents supporting your position. Your Response must be served on the Claimant and
filed with the Forum. Read Forum Code of Procedure Rule 13. A Counter Claim, Cross-claim
or Third Party Claim may also be served and filed, and accompanied by the fee as provided in
the Fee Schedule. Forms for such Response and Claims may be obtained from the Forum. If
you fail to respond in writing to the Claim, an Award may be entered against you and in favor
of the Claimant and you will lose your case.
2. Demand a Document Hearing or a Participatory Hearing. You may request a Hearing in your
Response or in a separate writing. Unless you have agreed otherwise, an In-person
Participatory Hearing will be held in the Judicial District where you reside or do business. You
may also request a hearing on-line or by telephone. Your written Request for a Hearing must
be filed with the Forum. You must also serve a copy of your Request on the Claimant and any
other Parties. Read Forum Code of Procedure Rules 25 and 26.
3. Have other options. You may seek the advice of an attorney or any person who may assist you
regarding this arbitration. You should seek this advice promptly so that your Response can be
served and filed within the time required by the Code of Procedure. If you have any questions
or need help in responding, you may contact the Forum.
The Forum is an independent and impartial arbitration organization, which does not give legal advice
or represent parties. THIS SUMMARY IS NOT A SUBSTITUTE FOR READING AND
UNDERSTANDING THE CODE OF PROCEDURE WHICH GOVERNS THIS ARBITRATION.
The Forum
P.O. Box 50191
Minneapolis USA 55405-0191
(651) 631-1105 (800) 474-2371
info@arb-forum.com
ARBITRATION-FORUM.COM
234A
NAFCL5/NAF3
, .
4041
IN THE
NATIONAL ARBITRATION FORUM
CLAIM
MBNA America Bank, N.A
c/o Wolpoff & Abramson, L.L.P.
Attorneys in the Practice of Debt Collection
Two Irvington Centre
702 King Farm Blvd.
Rockville, MD 20850
CLAIMANT,
RE:
Forum File Number: FA0311 000207498
Claimant File Number: 0112572890
Account No.: 4313080999824762
Card member Agreement Type: NEA90
Rachel M Cooper
4008 Dartmoor Dr
Mechanicsburg PA 17050-2193
RESPONDENT(S),
For a Claim against Respondent(s), Claimant states:
1. By way of contract and use of the credit account at issue, Respondent( s) became bound by the terms of a credit agreement
(hereinafter the "Agreement"), which is attached hereto and incorporated herein by reference.
2. Respondent(s) is/are in default under the terms of the Agreement and is/are now indebted to Claimant in the amount of
$3032.56 , as reflected in the attached account summary, plus interest of $46.36 as of the date of filing, and at
6.00% thereafter.
3. Despite repeated demands for payment, Respondent(s) has/have not paid th,e amounts due.
4. Claimant requests an Award for the amounts reflected in Paragraph 2, plus all arbitration fees incurred, Process of Service
fees and Attorney Fees of $454.88 , if allowed by law, equaling of the outstanding principal balance.
5. The attached Agreement contains a Delaware choice oflaw provision and a provision for "reasonable" attorney fees.
Delaware law specifically provides that an attorney fee may be awarded in ill amount up to 20% on an unpaid claim if
allowed by law. See, 10 Del. Code Sec. 3912 (pleading & Practice).
6. The attached Agreement contains a mandatory arbitration provision under the Rules of the National Arbitration Forum
("NAF").
The undersigned counsel for Claimant asserts, under penalty of perjury, tha,t the information contained in this Claim and
the supporting documents attached hereto are accurate based upon information provided by Claimant to the undersigned counsel.
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Practice of Debt Collection
By:
Ronald M. Abramson, Esq. (MD, DC, MA) Connell A Loftus, Esq. (VA, WV, DC)
Barry E. Gordon, Esq. (MD, DC) Matthew P. Linkk, Esq. (MD, DC, VA)
Ronald S. Canter, Esq. (MD, DC) Jennifer L. Anthony, Esq. (MD)
Neal 1. Levitsky (DE) - Local Counsel Kelly E. MacBeth, Esq. (MD)
Counsel for the Claimant
If Respondent or counsel wishes to contact Claimant, please call or write:
Paralegal Department
Wolpoff & Abramson, L.L.P.
Two Irvington Centre
702 King Farm Blvd., 5th Floor
Rockville, MD 20850
1.800-830-2793
NAFCLM/NAF3 234A
, .
4042
SUMMARY OF ACCOUNT INFORMATION
ACCOUNT STATUS REPORT
Date Filed: 11/03/2003
Account Number: 4313080999824762
Cardmemeber Agreement: NEA90
Primary Account Holder: RACHEL M COOPER
Address:
4008 Dartmoor Dr
Mechanicsburg, P A 17050-2193
Home Phone:
Work Phone:
Social Security Number: 270762351
Secondary Account Holder:
Address:
Home Phone:
Work Phone:
INFORMATION DRAWN FROM ACCOUNT RECORDS AND CURRENT AS OF THE DATE FILED
234A
NAFCL4/NAF3
EXHIBIT "0"
III
NATIONAL
ARBITRATION
FORUM e
MBNA America Bank, N.A.
c/o Wolpoff & Abramson, L.L.P.
Attorneys in the Practice of Debt Collection
702 King Farm Blvd, Two Irvington Centre
Rockville, MD 20850-5775
CLAIMANT(s), A WARD
RE: MBNA America Bank, N.A. v Rachel M Cooper
File Number: FA0311000207498
Claimant File Number: 4313080999824762
Rachel M Cooper
4008 Dartmoor Dr
MECHANICSBURG, P A 170502193
RESPONDENT(s).
The undersigned Arbitrator in this case FINDS:
1. That no known conflict of interest exists.
2. That on or before 10/31/2003 the Parties entered into an agreement providing that this matter shall be
resolved through binding arbitration in accordance with the Forum Code of Procedure.
3. That the Claimant has filed a claim with the Forum and served it on the Respondent in accordance with Rule 6.
4. That the matter has proceeded in accord with the applicable Forum Code of Procedure.
5. '!be Parties have had the opportunity to present all evidence and information to the Arbitrator.
6. 'I1mt the Arbitrator has reviewed all evidence and information submitted in this case.
7. That the information and evidence submitted supports the issuance: of an Award as stated.
Therefore, the Arbitrator ISSUES:
An Award in favor of the Claimant, for a total amount of $3,778.40.
~#~
Ho fab Jack M. Marden
Arbl or
ACKNO'''LEDGEMENT 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.
Entered in the State of Pennsylvania
Date: OS/25/2004
~/~">> ~ \~~
Honorable Harold Kalina, Ret.
Director of Arbitration
OS/25/2004
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OCT 2 8 2004 ~.
MBNA AMERICA BANK, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
NO. 043616
vs.
CIVIL ACTION ~ LAW
RACHEL M COOPER,
Defendant
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S
PETITION TO CONFIRM ARBITRATION AWARD
AND NOW, TO WIT, this 21l day of ~ ~ ,2004, comes the
Plaintiff, MBNA America, N.A., by and through its attorneys and the law firm of Wolpoff
& Abramson, LLP, and files the following Memorandum of Law in Support of Petition tc
Confirm Arbitration Award, and in support thereof avers as follows:
I. STATEMENT OF FACTS:
Defendant, RACHEL M COOPER~, was issued an open end credit card accour
with the account number of 4313080999824762 by Plaintiff. Defendant has been I
all relevant times material hereto a regular user of said charge card for the purchasf
products, goods and/or for obtaining se'Nices. Defendant has been provided with
copies of the Statements of Account accurately showing all debits and credits for
transactions on the aforementioned credit card account, and Defendant did not ob
the above mentioned Statements of Account submitted by Plaintiff to Defendant.
Pursuant to page 9 of the CrecHt Card Agreement, which Defendant receiv
when the aforementioned credit was issued, the parties agreed that this matter b
referred to the National Arbitration Forum in the event of any claim and/or dispute if the
account is referred for collection. This matter was referred to the National Arbitration
Forum for determination and disposition, whereby an Arbitration Award was entered by
the National Arbitration Forum on or about May 25, 2004, against the Defendant and in
favor of the Plaintiff in the amount of Three Thousand Seven Hundred Seventy-Eight
and 40/1 00 ($3,778.40) Dollars.
II. ISSUE PRESENTED:
Whether this Honorable Court should confirm the Arbitration Award, entered by
the National Arbitration Forum on or about May 25,2004, against the Defendant and in
favor of the Plaintiff in the amount of Three Thousand Seven Hundred Seventy-Eight
and 40/100 ($3,778.40) Dollars, pursuant to 42 Pa.C.S.A. ~7313.
III. ARGUMENT:
The Federal Uniform Arbitration Act was drafted by the National Conference of
Commissioners on Uniform State Laws and was approved for utilization by the
American Bar Association at its meeting at Philadelphia, Pennsylvania on August 25
1955. Pennsylvania tias adopted the Uniform Arbitration Act (UAA), 42 Pa.C.S.A.
~~7301-7320(Purdon's 1982). The purpose of the UAA was to promote resolution I
disputes in a nonjudicial forum while still providing for the Court's role in compellin~
staying Arbitration proceedings when requested. Chester Uoland School Dist. v.
McLauchlin, 655 A,2d 621, Cmwlth. 1995, appeal granted 665 A,2d 471,542 Pat
affirmed 675 A,2d 1211, 544 Pat 199.
A written agreement to subject any existing controversy to arbitration or a
provision in a written agreement to submit to arbitration any controversy thereafter
arising between the parties is valid, enforceable and irrevocable, save upon such
grounds as exist in law or in equity relating to the validity, enforceability or revocation of
any contract. 42 Pa.C.S.A. ~7303.
As outlined in Plaintiff's Petition, pursuant to the Credit Card Agreement
Additional Terms and Conditions, which Defendant/Respondent received when
Plaintiff/Petitioner issued Defendant/Respondent an open end credit card account, the
parties agreed that this matter be referred to Arbitration in the event of any claim and/or
dispute if the account is referred to collection. In early 1999, Plaintiff/Petitioner
forwarded to Defendant/ Respondent a document titled, "Important Amendments To
Your Credit Card Agreement", and said document iagain provided
Defendant/Respondent with details of the Arbitration clause, pertaining to
Defendant/Respondent's open end credit care account, in the event of any claim and/or
dispute if said account is referred to tollection, and further afforded
Defendant/Respondent until January: 25, 2000, to notify Plaintiff/Petitioner by written
correspondence that Defendant/Respondent did not wish for Defendant/ Respondent's
account to be subject to said Arbitration Section.
Defendant/Respondent did ndt forward any written correspondence to Plaintiff/
Petitioner by January 25,2000, in ortier to opt out of the Arbitration process, and
therefore Plaintiff/Petitioner properly referred this matter to the National Arbitration
Forum pursuant to the Arbitration Section of Defendant/Respondent's open end credit
card account, when Defendant/Respondent defaulted under the terms of the
aforementioned open end credit card Agreement. Therefore, the agreement to
arbitrate, pursuant to this matter, is valid, enforceablle and was chose to be irrevocable
by Defendant/Respondent.
On an application of a party, the Court shall confirm an award, unless within the
time limits imposed by this subchapter, grounds are urged for vacating or modifying or
correcting the award, in which case the Court shall proceed as provided in section 7314
(relating to vacating award by Court) or section 7315 (relating to modification or
correction of award by Court. 42 Pa.C.S.A. ~7313. The meaning of this section is that
the Court is to confirm an Arbitration award if it has become final, Le., unless, within a
thirty (30) day appeal period, someone has presented the Court with grounds for setting
the award aside. Atlantic Richfield Co. v. Atlantic Indeoendent Union, E.D.Pa. 1982,
537 F. Supp. 371. Further, the fact that the relief awarded by the arbitrators was such
that it could not or would not be granted by a Court of law or equity is not a ground for
vacating or refusing to confirm the award. 42 Pa.C.S.A. ~7314(a)(2).
An application 'under 42 Pa.C.S.A. ~7314, pertaining to vacating an Arbitration
award by the Court, shall be made within thirty (30) days after delivery of a copy of the
award to the applicant, except that, if predicated upon corruption, fraud, misconduct or
other improper means, it shall be made within thirty (30) days after such grounds are
known or should have been known to the applicant. 42 Pa.C.S.A. ~7314(b). No such
relief has been requested by Defendant within the applicable time limits in this matter.
Except as otherwise prescribed by general rules, 42 Pa.C.S.A. 7319(2) states
that the application to a Court under this subchapter shall be made to the Court in the
county where the adverse party resides. . .. 42 Pa.C.S.A. 7319(2). Upon the granting
of an Order of Court confirming, modifying or correcting an award, a judgment or decree
shall be entered in conformity with the Order, and the judgment or decree may be
enforced as any other judgment or decree. 42 Pa.e.S.A. ~7316.
IV. CONCLUSION
For the foregoing reasons, Plaintiff respectfully requests that this Honorable
Court grant the relief requested in Plaintiffs Petition to Confirm Arbitration Award.
Respectfully submitted,
,,7
//~/1t. D~.
/ (f1~ ,
Amy F. Doy ,Esquire
I D No. 8706
Philip C. \Narholic, Esquire
ID No. 86341
Daniel F. Wolfson, Esquire
ID No. 20617
Wolpoff 8l Abramson, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(71 7) 84E)-1252
Counsel 'for Plaintiff
OCT 28 2004
MBNA AMERICA BANK, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
NO. 043616
vs.
CIVIL ACTION - LAW
RACHEL M COOPER,
Defendant
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S
PETITION TO CONFIRM ARBITRATION AWARD
AND NOW, TO WIT, this & day of ~~ ,2004, comes the
Plaintiff, MBNA America, N.A., by and through its attorneys and the law firm of Wolpoff
& Abramson, LLP, and files the following Memorandum of Law in Support of Petition to
Confirm Arbitration Award, and in support thereof avers as follows:
i. STATEMENT OF FACTS:
Defendant, RACHEL M COOPER" was issued an open end credit card accouI
with the account number of 4313080999824762 by Plaintiff. Defendant has been:
all relevant times material hereto a regu\ar user of said charge card for the purchas(
products, goods and/or for obtaining seNices. Defendant has been provided with
copies of the Statements of Account accurately showing all debits and credits for
transactions on the aforementioned cn3dit card account, and Defendant did not ob
the above mentioned Statements of Account submitted by Plaintiff to Defendant.
Pursuant to page 9 of the Creclit Card Agreement, which Defendant receiv
when the aforementioned credit was issued, the parties agreed that this matter b
referred to the National Arbitration Forum in the eVElnt of any claim and/or dispute if the
account is referred for collection. This matter was referred to the National Arbitration
Forum for determination and disposition, whereby an Arbitration Award was entered by
the National Arbitration Forum on or about May 25, 2004, against the Defendant and in
favor of the Plaintiff in the amount of Three Thousand Seven Hundred Seventy-Eight
and 40/100 ($3,778.40) Dollars.
II. ISSUE PRESENTED:
Whether this Honorable Court should confirm the Arbitration Award, entered by
the National Arbitration Forum on or about May 2S, 2004, against the Defendant and in
favor of the Plaintiff in the amount of Three Thousand Seven Hundred Seventy-Eight
and 40/100 ($3,778.40) Dollars, pursuant to 42 Pa.C.S.A. ~7313.
III. ARGUMENT:
The Federal Uniform Arbitration Act was drafted by the National Conference of
Commissioners on Uniform State Laws and was approved for utilization by the
American Bar Association at its meeting at Philadelphia, Pennsylvania on August 25,
1955. Pennsylvania tias adopted the Uniform Arbitration Act (UAA) , 42 Pa.C.S.A.
~~7301-7320(Purdon's 1982). The purpose of the UAA was to promote resolution of
disputes in a nonjudicial forum while still providing for the Court's role in compelling or
staying Arbitration proceedings when requested. Chester Upland School Dist. v.
Mclauchlin, 655 A.2d 621, Cmwlth. 1995, appeal granted 665 A.2d 471, 542 Pa. 637,
affirmed 675 A.2d 1211, 544 Pat 199.
A written agreement to subject any existing controversy to arbitration or a
provision in a written agreement to submit to arbitration any controversy thereafter
arising between the parties is valid, enforceable and irrevocable, save upon such
grounds as exist in law or in equity relating to the validity, enforceability or revocation 0
any contract. 42 Pa.C.S.A. ~7303.
As outlined in Plaintiff's Petition, pursuant to the Credit Card Agreement
Additional Terms and Conditions, which Defendant/Respondent received when
Plaintiff/Petitioner issued Defendant/Respondent an open end credit card acDunt, the
parties agreed that this matter be referred to Arbitration in the event of any aim and/or
dispute if the account is referred to collection. In early 1999, Plaintiff/Petiller
forwarded to Defendant! Respondent a document titled, Illmportant Am~ments To
Your Credit Card Agreement", and said dc)cument again provided
Defendant/Respondent with details of the Arbitration clause, pertair to
Defendant/Respondent's open end credit care account, in the eVfl any claim and/or
a
dispute if said account is referred to collection, and further affor
Defendant/Respondent until January 25, 2000, to notify Plair dtitioner by written
fendant/ R
correspondence that Defendant/Respondent did not wish f espondent's
al1
account to be subject to said Arbitration Section.
,rrespondence t p . .
Defendant/Respondent did not forward any wr; 0 lalntlff/
.rbitration proce
Petitioner by January 25, 2000, in order to opt out ( ss, and
to the National A b' .
therefore Plaintiff/Petitioner properly referred thif r Ifrat/on
It/Respondent's 0 .
Forum pursuant to the Arbitration Section of D pen end credIt
othl
knoll
relief
Except as otherwise prescribed by general rules, 42 Pa.C.S.A. 7319(2} states
that the application to a Court under this subchapter shall be made to the Court in the
county where the adverse party resides. . .. 42 Pa.C.S.A. 7319(2}. Upon the granting
of an Order of Court confirming, modifying or correcting an award, a judgment or decree
shall be entered in conformity with the Order, and the judgment or decree may be
enforced as any other judgment or decree. 42 Pa.C.S.A. ~7316.
IV. CONCLUSION
For the foregoing reasons, Plaintiff respl3ctfully requests that this Honorable
Court grant the relief requested in Plaintiff's PE~tition to Confirm Arbitration Award.
Respectfully submitted,
"
1/
/{/11At: U(J:6
Amy F. Doy ,Esquire
10 No. 8706
Philip C. Warholic, Esquire
ID No. 86341
Daniel F. Wolfson, Esquire
10 No. 20617
Wollpoff & Abramson, LLP
Attorneys in the Practice of Debt Collection
267' East Market Street
York, PA 17403
(717) 846-1252
Counsel for Plaintiff
card account, when Defendant/Respondent default€id under the terms of the
aforementioned open end credit card Agreement. Therefore, the agreement to
arbitrate, pursuant to this matter, is valid, enforceabile and was chose to be irrevocable
by Defendant/Respondent.
On an application of a party, the Court shall Gonfirm an award, unless within the
time limits imposed by this subchapter, grounds are urged for vacating or modifying or
correcting the award, in which case the Court shall proceed as provided in section 7314
(relating to vacating award by Court) or section 7315 (relating to modification or
correction of award by Court. 42 Pa.C.S.A. ~7313. The meaning of this section is that
the Court is to confirm an Arbitration award if it has become final, Le., unless, within a
thirty (30) day appeal period, someone has presented the Court with grounds for setting
the award aside. Atlantic Richfield Co. v. Atlantic Independent Union, E.D.Pa. 1982,
537 F. Supp. 371. Further, the fact that the relief awarded by the arbitrators was such
that it could not or would not be granted by a Court of law or equity is not a ground for
vacating or refusing to confirm the award. 42 Pa.e.S.A. ~7314(a)(2).
An application 'under 42 Pa.C.S.A. ~7314, pertaining to vacating an Arbitration
award by the Court, shall be made within thirty (30) days after delivery of a copy of the
award to the applicant, except that, if predicated upon corruption, fraud, misconduct or
other improper means, it shall be made within thirty (30) days after such grounds are
known or should have been known to the applicant. 42 Pa.C.S.A. ~7314(b). No such
relief has been requested by Defendant within the applicable time limits in this matter.
OCT 2 8 2004 {
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
NO. 043616
vs.
CIVIL ACTION - LAW
RACHEL M COOPER,
Defendant
MEMORANDUM OF LAW IN SUPF'ORT OF PLAINTIFF'S
PETITION TO CONFIRM ARBI'TRATION AWARD
AND NOW, TO WIT, this & day of ~~ ~ , 2004, comes the
Plaintiff, MBNA America, N.A., by and through its attorneys and the law firm of Wolpoff
& Abramson, LLP, and files the following Memorandum of Law in Support of Petition to
Confirm Arbitration Award, and in support thereof avers as follows:
i. STATEMENT OF FACTS:
Defendant, RACHEL M COOPER, was issued an open end credit card account
with the account number of 4313080999824762 by Plaintiff. Defendant has been at
all relevant times material hereto a regular user of said charge card for the purchase of
products, goods and/or for obtaining services. Defendant has been provided with
copies of the Statements of Account accurately showing all debits and credits for
transactions on the aforementioned credit card account, and Defendant did not object to
the above mentioned Statements of Account submitted by Plaintiff to Defendant.
Pursuant to page 9 of the Credit Card Agreement, which Defendant received
when the aforementioned credit was issued, the parties agreed that this matter be
referred to the National Arbitration Forum in the eVEmt of any claim and/or dispute if the
account is referred for collection. This matter was referred to the National Arbitration
Forum for determination and disposition, whereby an Arbitration Award was entered by
the National Arbitration Forum on or about May 25, 2004, against the Defendant and in
favor of the Plaintiff in the amount of Three Thousand Seven Hundred Seventy-Eight
and 40/100 ($3,778.40) Dollars.
II. ISSUE PRESENTED:
Whether this Honorable Court should confirm the Arbitration Award, entered by
the National Arbitration Forum on or about May 25, 2004, against the Defendant and in
favor of the Plaintiff in the amount of Three Thousand Seven Hundred Seventy-Eight
and 40/100 ($3,778.40) Dollars, pursuant to 42 Pa.C.S.A. ~7313,
III. ARGUMENT:
The Federal Uniform Arbitration Act was drafted by the National Conference of
Commissioners on Uniform State Laws and was approved for utilization by the
American Bar Association at its meeting at Philadel!phia, Pennsylvania on August 25,
1955. Pennsylvania has adopted the Uniform Arbitration Act (UAA), 42 Pa.C.S.A.
~~7301-7320(Purdon's 1982). The purpose of the UAA was to promote resolution of
disputes in a nonjudicial forum while still providing for the Court's role in compelling or
staying Arbitration proceedings when requested. Chester Upland School Dist. v.
McLauahlin, 655 A.2d 621, Cmwlth. 1995, appeal ~Iranted 665 A.2d 471,542 Pa. 637,
affirmed 675 A.2d 1211, 544 Pa. 199.
A written agreement to subject any existing controversy to arbitration or a
provision in a written agreement to submit to arbitration any controversy thereafter
arising between the parties is valid, enforceable and irrevocable, save upon such
grounds as exist in law or in equity relating to the validity, enforceability or revocation of
any contract. 42 Pa.C.S.A. ~7303.
As outlined in Plaintiff's Petition, pursuant to the Credit Card Agreement
Additional Terms and Conditions, which Defendant/Respondent received when
Plaintiff/Petitioner issued Defendant/Respondent an open end credit card account, the
parties agreed that this matter be referred to Arbitration in the event of any claim and/or
dispute if the account is referred to collection. In early 1999, PlaintifffPetitioner
forwarded to Defendant! Respondent a document titled, "Important Amendments To
Your Credit Card Agreement", and said doc.ument again provided
Defendant/Respondent with details of the Arbitration clause, pertaining to
Defendant/Respondent's open end credit care account, in the event of any claim and/c
dispute if said account is referred to collection, and further afforded
Defendant/Respondent until January 25, :2000, to notify Plaintiff/Petitioner by written
correspondence that Defendant/Respondent did not wish for Defendant/ Respondent
account to be subject to said Arbitration Section.
Defendant/Respondent did not forward any written correspondence to Plainti1
Petitioner by January 25, 2000, in order to opt out of the Arbitration process, and
therefore Plaintiff/Petitioner properly referred this matter to the National Arbitration
Forum pursuant to the Arbitration Secti,on of Defendant/Respondent's open end or'
card account, when Defendant/Respondent defaulted under the terms of the
aforementioned open end credit card Agreement. Therefore, the agreement to
arbitrate, pursuant to this matter, is valid, enforceable and was chose to be irrevocable
by Defendant/Respondent.
On an application of a party, the Court shall confirm an award, unless within the
time limits imposed by this subchapter, grounds am urged for vacating or modifying or
correcting the award, in which case the Court shall proceed as provided in section 7314
(relating to vacating award by Court) or section 73115 (relating to modification or
correction of award by Court. 42 Pa.C.S.A. ~7313, The meaning of this section is that
the Court is to confirm an Arbitration award if it has become final, Le., unless, within a
thirty (30) day appeal period, someone has presented the Court with grounds for setting
the award aside. Atlantic Richfield Co. v. Atlantic Indeoendent Union, E.D.Pa. 1982,
537 F. Supp. 371. Further, the fact that the relief awarded by the arbitrators was such
that it could not or would not be granted by a Court of law or equity is not a ground for
vacating or refusing to confirm the award. 42 Pa.C.S.A. ~7314(a)(2).
An application 'under 42 Pa.C.S.A. ~7314, pertaining to vacating an Arbitration
award by the Court, shall be made within thirty (30) days after delivery of a copy of the
award to the applicant, except that, if predicated upon corruption, fraud, misconduct or
other improper means, it shall be made within thirty (30) days after such grounds are
known or should have been known to the applicant. 42 Pa.C.S.A. ~7314(b). No such
relief has been requested by Defendant within the applicable time limits in this matter.
Except as otherwise prescribed by general rules, 42 Pa.C.S.A. 7319(2) states
that the application to a Court under this subchapter shall be made to the Court in the
county where the adverse party resides. . .. 42 Pa.G.S.A. 7319(2). Upon the granting
of an Order of Court confirming, modifying or correGting an award, a judgment or decree
shall be entered in conformity with the Order, and tl1e judgment or decree may be
enforced as any other judgment or decree. 42 Pa.C.S.A. ~7316.
IV. CONCLUSION
For the foregoing reasons, Plaintiff respectfully requests that this Honorable
Court grant the relief requested in Plaintiff's Petition to Confirm Arbitration Award.
Respectfully submitted,
//1 '[j
:I'(/!/I /t /1 ,/~ r~1 .
/ If't'// {,.; ,__ u ~_
Amy F. Doy , Esquire ·
10 No. 8706
Philip C. 'Narholic, Esquire
10 No. 86341
Daniel F. Wolfson, Esquire
10 No. 20617
Wolpoft 8l Abramson, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 84E)-1252
Counsel 'for Plaintiff
OCT 2 8 IC 041
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
NO. 043616
vs.
CIVI L ACTION - LAW
RACHEL M COOPER,
Defendant
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S
PETITION TO CONFIRM ARBI1-RATION AWARD
AND NOW, TO WIT, this 2:f:L day of -Sif~ ~ ,2004, comes the
Plaintiff, MBNA America, N.A., by and through its a.ttorneys and the law firm of Wolpoff
& Abramson, LLP, and files the following Memorandum of Law in Support of Petition to
Confirm Arbitration Award, and in support thereof avers as follows:
i. STATEMENT OF FACTS:
Defendant, RACHEL M COOPER, was issued an open end credit card account
with the account number of 4313080999824762 by Plaintiff. Defendant has been at
all relevant times material hereto a regular user of said charge card for the purchase of
products, goods and/or for obtaining services. Defendant has been provided with
copies of the Statements of Account accurately showing all debits and credits for
transactions on the aforementioned credit card account, and Defendant did not object to
the above mentioned Statements of Account submitted by Plaintiff to Defendant.
Pursuant to page 9 of the Credit Card Agn3ement, which Defendant received
when the aforementioned credit was issued, the parties agreed that this matter be
referred to the National Arbitration Forum in the event of any claim and/or dispute if the
account is referred for collection. This matter was referred to the National Arbitration
Forum for determination and disposition, whereby an Arbitration Award was entered by
the National Arbitration Forum on or about May 25, 2004, against the Defendant and in
favor of the Plaintiff in the amount of Three ThClusand Seven Hundred Seventy-Eight
and 40/100 ($3,778.40) Dollars.
II. ISSUE PRESENTED:
Whether this Honorable Court should confirm the Arbitration Award, entered by
the National Arbitration Forum on or about May 25, 2004, against the Defendant and in
favor of the Plaintiff in the amount of Three Thousand Seven Hundred Seventy-Eight
and 40/100 ($3,778.40) Dollars, pursuant to 42 Pa.C.S.A. ~7313.
III. ARGUMENT:
The Federal Uniform Arbitration Act was drafted by the National Conference
Commissioners on Uniform State Laws and was approved for utilization by the
American Bar Association at its meeting at Philadelphia, Pennsylvania on Augus1
1955. Pennsylvania tias adopted the Uniform Arbitration Act (UAA), 42 Pa.C.S.
~~7301-7320(Purdon's 1982). The purpose ofthe UAA was to promote resoll
disputes in a nonjudicial forum while still providing for the Court's role in com
staying Arbitration proceedings when requested. Chester Upland School C
Mclaughlin, 655 A.2d 621, Cmwlth. 1995, appeal granted 665 A.2d 471, f
affirmed 675 A.2d 1211, 544 Pat 199.
A written agreement to subject any existing Gontroversy to arbitration or a
provision in a written agreement to submit to arbitration any controversy thereafter
arising between the parties is valid, enforceable and irrevocable, save upon such
grounds as exist in law or in equity relating to the validity, enforceability or revocation of
any contract. 42 Pa.C.S.A. ~7303.
As outlined in Plaintiff's Petition, pursuant to the Credit Card Agreement
Additional Terms and Conditions, which Defenda.nt/Respondent received when
Plaintiff/Petitioner issued Defendant/Respondent an open end credit card account, the
parties agreed that this matter be referred to Arbitration in the event of any claim and/or
dispute if the account is referred to collection. In early 1999, Plaintiff/Petitioner
forwarded to Defendant/ Respondent a documelnt titled, "Important Amendments To
Your Credit Card Agreement", and said documf3nt again provided
DefendanVRespondent with details of the Arbitration clause, pertaining to
Defendant/Respondent's open end credit care account, in the event of any claim and/or
dispute if said account is referred to collection, and further afforded
DefendanVRespondeht until January 25, 2000, to notify Plaintiff/Petitioner by written
correspondence that Defendant/Respondent did not wish for Defendant! Respondent's
account to be subject to said Arbitration Section.
DefendanVRespondent did not forward any written correspondence to Plaintiff/
Petitioner by January 25, 2000, in order to opt out of the Arbitration process, and
therefore Plaintiff/Petitioner properly referred this matter to the National Arbitration
Forum pursuant to the Arbitration Section of Defendant/Respondent's open end credit
Except as otherwise prescribed by general ruh~s, 42 Pa.C.S.A. 7319(2) states
that the application to a Court under this subchapter shall be made to the Court in the
county where the adverse party resides. . .. 42 Pa.C.S.A. 7319(2). Upon the granting
of an Order of Court confirming, modifying or correcting an award, a judgment or decree
shall be entered in conformity with the Order, and the ,judgment or decree may be
enforced as any other judgment or decree. 42 Pa.C.S.A. ~7316.
IV. CONCLUSION
For the foregoing reasons, Plaintiff respectfully requests that this Honorable
Court grant the relief requested in Plaintiff's Petition to Confirm Arbitration Award.
Respectfully submitted,
ilt#t/D~
A~y F. DOyrSqUire . .
10 No. 8706
Philip C. Warholic, Esquire
10 No. 86341
Daniel F. Wolfson, Esquire
10 No. 20617
Wolpoff & Abrelmson, LLP
Attorneys in th(~ Practice of Debt Collection
267 East Mark(~t Street
York, PA 1740:3
(717) 846-125~~
Counsel for Pla.intiff
card account, when Defendant/Respondent defaulted under the terms of the
aforementioned open end credit card Agreement. Therefore, the agreement to
arbitrate, pursuant to this matter, is valid, enforceable and was chose to be irrevocable
by Defendant/Respondent.
On an application of a party, the Court shall confirm an award, unless within the
time limits imposed by this subchapter, grounds are urged for vacating or modifying or
correcting the award, in which case the Court shall proceed as provided in section 7314
(relating to vacating award by Court) or section 7315 (relating to modification or
correction of award by Court. 42 Pa.C.S.A. ~7313. The meaning of this section is that
the Court is to confirm an Arbitration award if it has become final, Le., unless, within a
thirty (30) day appeal period, someone has presen1ted the Court with grounds for setting
the award aside. Atlantic Richfield Co. v. Atlantic Independent Union, E.D.Pa. 1982,
537 F. Supp. 371. Further, the fact that the relief a.warded by the arbitrators was such
that it could not or would not be granted by a Count of law or equity is not a ground for
vacating or refusing to confirm the award. 42 Pa.G.S.A. ~7314(a)(2).
An application 'under 42 Pa.C.S.A. ~7314, pertaining to vacating an Arbitration
award by the Court, shall be made within thirty (301) days after delivery of a copy of the
award to the applicant, except that, if predicated upon corruption, fraud, misconduct or
other improper means, it shall be made within thirty (30) days after such grounds are
known or should have been known to the applicant. 42 Pa.C.S.A. ~7314(b). No such
relief has been requested by Defendant within thE~ applicable time limits in this matter.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
NO. 043616
vs.
CIVIL ACTION - LAW
RACHEL M COOPER,
Defendant
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S
PETITION TO CONFIRM ARBITRATION AWARD
AND NOW, TO WIT, this & day of ~~~ ,2004, comes the
Plaintiff, MBNA America, N.A., by and through its attorneys and the law firm of Wolpoff
& Abramson, LLP, and files the following Memorandum of Law in Support of Petition to
Confirm Arbitration Award, and in support thereof avers as follows:
I. STATEMENT OF FACTS:
Defendant, RACHEL M COOPER, was issued an open end credit card account
with the account number of 4313080999824762 by Plaintiff. Defendant has been at
all relevant times material hereto a regular user of said charge card for the purchase of
products, goods and/or for obtaining services. Defendant has been provided with
copies of the Statements of Account accurat1ely showing all debits and credits for
transactions on the aforementioned credit card account, and Defendant did not object to
the above mentioned Statements of Account submitted by Plaintiff to Defendant.
Pursuant to page 9 of the Credit Card Agreement, which Defendant received
when the aforementioned credit was issued, the parties agreed that this matter be
referred to the National Arbitration Forum in the event of any claim and/or dispute if the
account is referred for collection. This matter was referred to the National Arbitration
Forum for determination and disposition, whereby an Arbitration Award was entered by
the National Arbitration Forum on or about May 2S, 2004, against the Defendant and in
favor of the Plaintiff in the amount of Three Thousand Seven Hundred Seventy-Eight
and 40/100 ($3,778.40) Dollars.
II. ISSUE PRESENTED:
Whether this Honorable Court should confirm the Arbitration Award, entered by
the National Arbitration Forum on or about May 2S, 2004, against the Defendant and in
favor of the Plaintiff in the amount of Three Thousand Seven Hundred Seventy-Eight
and 40/100 ($3,778.40) Dollars, pursuant to 42 Pa.C.S.A. ~7313.
III. ARGUMENT:
The Federal Uniform Arbitration Act was drafted by the National Conference of
Commissioners on Uniform State Laws and was approved for utilization by the
American Bar Association at its meeting at Philad1elphia, Pennsylvania on August 25,
1955. Pennsylvania has adopted the Uniform Arbitration Act (UAA), 42 Pa.C.S.A.
~~7301-7320(Purdon's 1982). The purpose of thE~ UAA was to promote resolution of
disputes in a nonjudicial forum while still providin~1 for the Court's role in compelling or
staying Arbitration proceedings when requested. Chester Uoland School Dist. v.
McLauahlin, 655 A.2d 621, Cmwlth. 1995, appeal granted 665 A.2d 471,542 Pa. 637,
affirmed 675 A.2d 1211, 544 Pa. 199.
A written agreement to subject any existin~~ controversy to arbitration or a
provision in a written agreement to submit to arbitration any controversy thereafter
arising between the parties is valid, enforceable and irrevocable, save upon such
grounds as exist in law or in equity relating to thEl validity, enforceability or revocation of
any contract. 42 Pa.C.S.A. ~7303.
As outlined in Plaintiff's Petition, pursuant to the Credit Card Agreement
Additional Terms and Conditions, which Defendant/Respondent received when
Plaintiff/Petitioner issued Defendant/Respondent an open end credit card account, the
parties agreed that this matter be referred to Arbitration in the event of any claim and/or
dispute if the account is referred to collection. In early 1999, Plaintiff/Petitioner
forwarded to Defendant/ Respondent a document titled, "Important Amendments To
Your Credit Card Agreement", and said documEmt again provided
Defendant/Respondent with details of the Arbitration clause, pertaining to
Defendant/Respondent's open end credit care account, in the event of any claim and/or
dispute if said account is referred to collection, and further afforded
Defendant/Respondent until January 25,2000, to notify Plaintiff/Petitioner by written
correspondence that Defendant/Respondent did not wish for Defendant/ Respondent's
account to be subject to said Arbitration Section.
Defendant/Respondent did not forward any written correspondence to Plaintiff/
Petitioner by January 25, 2000, in order to opt out of the Arbitration process, and
therefore Plaintiff/Petitioner properly referred this matter to the National Arbitration
Forum pursuant to the Arbitration Section of Defendant/Respondent's open end credit
card account, when Defendant/Respondent defaulted under the terms of the
aforementioned open end credit card Agreement. Therefore, the agreement to
arbitrate, pursuant to this matter, is valid, enforceable and was chose to be irrevocable
by Defendant/Respondent.
On an application of a party, the Court shall confirm an award, unless within the
time limits imposed by this subchapter, grounds a.re urged for vacating or modifying or
correcting the award, in which case the Court shall proceed as provided in section 7314
(relating to vacating award by Court) or section 7:315 (relating to modification or
correction of award by Court. 42 Pa.C.S.A. ~7313. The meaning of this section is that
the Court is to confirm an Arbitration award if it has become final, Le., unless, within a
thirty (30) day appeal period, someone has presEtnted the Court with grounds for setting
the award aside. Atlantic Richfield Co. v. Atlantic: Independent Union, E.D.Pa. 1982,
537 F. Supp. 371. Further, the fact that the relief awarded by the arbitrators was such
that it could not or would not be granted by a Court of law or equity is not a ground for
vacating or refusing to confirm the award. 42 Pa.C.S.A. ~7314(a)(2).
An application under 42 Pa.C.S.A. ~7314, pertaining to vacating an Arbitration
award by the Court, shall be made within thirty (~JO) days after delivery of a copy of the
award to the applicant, except that, if predicated upon corruption, fraud, misconduct or
other improper means, it shall be made within thirty (30) days after such grounds are
known or should have been known to the applicant. 42 Pa.C.S.A. ~7314(b). No such
relief has been requested by Defendant within the applicable time limits in this matter.
Except as otherwise prescribed by general rules, 42 Pa.C.S.A. 7319(2) states
that the application to a Court under this subchapter shall be made to the Court in the
county where the adverse party resides. . .. 42 Pa.C.S.A. 7319(2). Upon the granting
of an Order of Court confirming, modifying or correcting an award, a judgment or decree
shall be entered in conformity with the Order, and the judgment or decree may be
enforced as any other judgment or decree. 42 Pa.C.S.A. ~7316.
IV. CONCLUSION
For the foregoing reasons, Plaintiff respectfully requests that this Honorable
Court grant the relief requested in Plaintiff's Petition to Confirm Arbitration Award.
Respectfully submitted,
~7P~
Amy F. Doy ,Esquire
10 No. 8706
Philip C. \Narholic, Esquire
10 No. 86341
Daniel F. Wolfson, Esquire
10 No. 20617
Wolpoff 8l Abramson, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 84€i-1252
Counsel for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
NO. 043616
vs.
CIVIL ACTION - LAW
RACHEL M COOPER
Defendant
CERTIFICATE OF SERVICE
I, Philip C. Warholic, Esquire, do hereby certify that I served a copy of the Rule upon the
Defendant by First Class Mail, Postage Pre-Paid, a copy thereof on this 1st day of December,
2004, to:
RACHEL M COOPER
4008 DARTMOOR DR
MECHANICS BURG, P A 17050
l L.A~~
Amy . Doy e, sqUIre
ID No. 87062
Philip C. Warholic, Esquire
ID No. 86341
WOLPOFF & ABRAMSON, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A..
Plaintiff
NO. 043616
vs.
CIVIL ACTION - LAW
RACHEL M. COOPER,
Defendant
MOTION TO MAKE RULE ABSOLUTE
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
AND NOW this ~ day of ,:)~ \JAR>/
, 2005, comes the Movant,
MBNA America Bank, NA., by and through its attorneys, and the law firm of Wolpoff &
Abramson, L.L.P., and files this Motion to Make Rule Absolute of which the following is
a statement:
1. A Petition to Confirm Arbitration Award Pursuant to 42 Pa.C.SA. Section
7313 was filed on or about October 27,2004, requesting that a Rule be issued ordering
the parties to this action to show cause, if any they had, as to why said Petition should not
be granted. A true and correct copy of said Petition is attached as Exhibit" A" and
incorporated herein by reference thereto.
2. Pursuant to the issued Rule, dated November 19, 2004, Defendant was
provided with fifteen (15) days from the date of service of said Rule, by this Honorable
Court. in which to respond. A true and correct copy of said Rule is attached hereto,
incorporated herein and marked as Exhibit "B".
3. That said Rule was forwarded to Defendant on or about December 1, 2004,
and was received by Defendant as evidenced by the Certificate of Service which was
filed with the Court.
4. That Defendant has failed to respond to the aforementioned Rule directing
Defendant to show cause why the relief requested in Plaintiff s Petition to Confirm
Arbitration Award should not be granted.
WHEREFORE, Plaintiff/Movant. MBNA America Bank, N.A., requests that this
Honorable Court make the aforementioned Rule absolute, and execute an Order entering
judgment in favor of Plaintiff and against Defendant in the amount of Three Thousand
Seven Hundred Seventy-Eight and 40/100 ($3.778.40) Dollars.
Respectfully submitted,
Amy F, Do ,Esq i
ID No. 870 2
Philip C. Warholic. Esquire
ID No. 86341
Daniel F. Wolfson, Esquire
ID No, 20617
Wolpoff & Abramson, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
Counsel for Plaintiff
~
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, NA,
Plaintiff
NO. 043616
VS.
CIVIL ACTION - LAW
RACHEL M COOPER,
Defendant
RULE
AND NOW, this
day of
, 2004, upon consideration of
the within Plaintiffs Petition to Confirm Foreign Arbitration Award, a hearing shall be
scheduled in the above captioned action for the day of
20_, at
a.m./p.m., in Court Room Number _ of the CUMBERLAND
County Court House.
BY THE COURT:
J.
~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
NO. 043616
vs,
CIVIL ACTION - LAW
RACHEL M COOPER,
Defendant
ORDER
AND NOW, this
day of
,200_, upon consideration
of Plaintiff's Petition to Confirm Arbitration Award, it is hereby ORDERED that Plaintiff's
Arbitration Award is confirmed, pursuant to 42 Pa,C,S.A. ~7313, and that judgment be
entered in favor of Plaintiff and against Defendant in the amount of Three Thousand
Seven Hundred Seventy-Eight and 40/1 00 ($3,778040) Dollars.
BY THE COURT:
J,
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, NA,
Plaintiff
NO, 043616
vs.
CIVIL ACTION -LAW
RACHEL M COOPER,
Defendant
n
-'n
:~:1
)
."j
PLAINTIFF'S PETITION TO CONFIRM ,
AIiBITRATION AWARD PUR~UANT TO 42 Pa.C.S.A. i7313:"
AND NOW, TO WIT, this ~ day of ~ h~, 2004, comes the
Plaintiff, MBNA America Bank, NA, by and through its attorneys and the law firm of
Wolpoff & Abramson, LLP, and files the following Petition to Confirm Arbitration Award,
and in support avers as follows:
1. Plaintiff/Petitioner, MBNA America Bank, N.A., is a Delaware corporation
doing business within the Commonwealth of Pennsylvania, and the other states of the
United States, with its principal place of business situated at P.O. Box 15718,
Wilmington, Delaware 19850.
2. Defendant/Respondent, RACHEL M COOPER, is an adult individual with
a last known address of 4008 Dartmoor Drive, Mechanicsburg, CUMBERLAND Count~
PA 17052.
3. That pursuant to the Credit Card Agreement Additional Terms and
Conditions, which Defendant/Respondent received when Plaintiff/Petitioner issued
Defendant/Respondent an open end credit card account, the parties agreed that this
. ,
matter be referred to Arbitration in the event of any claim and/or dispute if the account is
referred to collection. A true and correct copy of said Credit Card Agreement Additional
Terms and Conditions is attached hereto, incorporated herein and marked as Exhibit
"AlJ,
4. That in early 1999, Plaintiff/Petitioner forwarded to Defendant/Respondent
a document titled, "Important Amendments To Your Credit Card Agreement." A true
and correct copy of said document is attached hereto, incorporated herein and marked
as Exhibit "B".
5. That said document again provided Defendant/Respondent with details of
the Arbitration clause, pertaining to Defendant/Respondent's open end credit care
account, in the event of any claim and/or dispute if said account is referred to collection,
and further afforded Defendant/Respondent until January 25, 2000, to notify
PlaintifflPetltioner by written correspondence that Defendant/Respondent did not wish
for Defendant/ Respondent's account to be subject to said Arbitration Section, See
Exhibit "B" as previously identified and incorporated herein.
6. That Defendant/Respondent did not forward any written correspondence
to Plaintiff/Petitioner by January 25, 2000, in order to opt out of the Arbitration process,
and therefore Plaintiff/Petitioner properly referred this matter to the National Arbitration .
Forum pursuant to the Arbitration Section of Defendant/Respondent's open end credit
card account, when Defendant/Respondent defaulted under the terms of the
aforementioned open end credit card Agreement.
7, That the National Arbitration Forum then forwarded to Defendant!
,
Respondent a Notice of Arbitration and Arbitration Claim form, and said documents
explained Defendant/Respondent's rights and options pursuant to the Arbitration
process. A true and correct copy of Notice of Arbitration and Arbitration Claim form are
attached hereto, incorporated herein and marked as Exhibit "C",
8, That due to the fact that Defendant/Respondent did not provided a written
response to the National Arbitration Forum within the allotted thirty (30) day time period,
to either state Defendant/Respondent's reply and/or defenses to said Claim or to
request a hearing before the National Arbitration Forum, an Arbitration Award was
entered on May 25, 2004, in favor of Plaintiff/Petitioner and against
Defendant/Respondent in the amount of Three Thousand Seven Hundred Seventy-
Eight and 40/100 ($3,778.40) Dollars. A true and correct copy of the Arbitration Award
is attached hereto, incorporated herein and marked as Exhibit "D",
9, That the Credit Card Agreement Additional Terms and Conditions and
document titled, "Important Amendments To Your Credit Card Agreement" both state
that judgment upon any arbitration award may be entered in any Court having
jurisdiction.
10. That Plaintiff/Petitioner has filed the within Petition, pursuant to the
Uniform Arbitration Act, in an attempt to obtain judgment against Defendant/Responden
in a forum which is better suited to secure a collectible judgment against Defendant!
Respondent, as the aforementioned Arbitration Award is non-binding and unenforceabll
outside the scope of the Court of Common Pleas.
11. That Plaintiff/Petitioner is entitled to the relief requested in the within
Petition due to the fact that the aforementioned Arbitration Award was properly obtained
by Plaintiff/Petitioner; because this Honorable Court has jurisdiction over the
DefendanURespondent to confirm the aforementioned Arbitration Award; and because
DefendanURespondent did not make an application, pursuant to 42 Pa.C.SA ~7314,
within thirty (30) days of receipt of the aforementioned Arbitration Award, with the Court
to have said Arbitration Award vacated, modified and/or corrected.
WHEREFORE, Plaintiff/Petitioner respectfully requests that this Honorable Court
confirm the Plaintiff's Arbitration Award, pursuant to 42 Pa,C.SA ~7313, and enter
judgment in favor of Plaintiff and against Defendant in the amount of Three Thousand
Seven Hundred Seventy-Eight and 40/100 ($3,778.40) Dollars.
Respectfully submitted,
/}
h /'/d1
Amy F. oyle squire
ID No. 87062
Philip C. Warholic, Esquire
ID No, 86341
Daniel F. Wolfson, Esquire
JD No. 20617
Wolpoff & Abramson, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
Counsel for Plaintiff
VERIFICATION
Amy F, Doyle, Esquire, hereby states that she is the attorney for the Plaintiff,
MBNA America Bank, NA, who is located outside of this jurisdiction and in order to file
the within document in an expedient and timely manner, she is authorized to take this
verification on behalf of said Plaintiff/Petitioner in the within action and verifies that the
statements made in the foregoing Petition are true and correct to the best of her
knowledge, information, and belief, based upon information provided by the Plaintiff.
The undersigned understands that false statements herein are made subject to
the penalties of 18 Pa.C,S. Section 4904, relating to unsworn falsification to authorities,
Amy ,Doy,
ID No, 870 2
Philip C. Warholic, Esquire
ID No, 86341
Daniel F, Wolfson, Esquire
ID No. 20617
Wolpoff & Abramson, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(71 7) 846-1252
Counsel for Plaintiff
EXHIBIT "A"
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Your Credit Card Agre,ement with us consists 01 these
AdditIonal 'Terms and Conditions and the document <:a11
the Required Federal Disclosures or the Initial Dlsc:losur
Vou agree to the terms and conditions 0/ this Agleemen
For the purpose 01 the Privacy NOliet, we will use the denn
contained in the third paragraph 01 the Pri""y Noil". Fo
the remainder 01 the Agr..ment, We will US! the dellnltl<
described under the section heading words Us.d Oft.n in
TFl~ Ag",menl.
Privacy Notice
Vour privacy Is Important to us: At MBNA, we a
committed to providing you with the IInest finanda
products and services backed by consIstentlytop.ql
selVice. And while information about you Is fundamE
to our ability to do this, we fully recognize the Import
of keeping personal and account lliforination secure,
To offer you the widest range of products and Serv
MBNA may share information about you both with
MBNA and outside of MBNA With other companies
This allows us to offer you products and selVices tl
may Interest you ana Dest meet your neeas, whetM,
they are available directly' from MBNA or through c
relationships wIth other,coll)panles" We want you
undelStand our infonnatiol),Jafe&uaids, what infonm
we collect, what lnformatibri~e shiie., and the benef
you receive when we sh~re ,Information about you.
This ~otlce describes t~e",prlvacy practices of ME
Corporatlon,gnd aIL';.tSNA affiliates, Including MB
America BanI<. N.A., MBNA Amerlca,(Delaware),. N.
Palladian Travel Services, Inc:, MBNA Hallmark
Information Services, Inc.. MBNA Marketl1\g,Syster
rnc" and MBNA rnsaran.:e k~nCy: lnc"lcollectlvell
'MBNN), for finandal products and services gover
,by the laws of the United States of America, This
notice explains MBN":s Information collection anc
sharing practices an<;l,lets you choose whether or r
MBNA may share certain Information about you, e
within MBNA or outside of MBN~ with other comp2
Our Security Procedures, MBNA understands
Importance of protecting and ~ecurlni Information
using It appropriately. Access,to .informatlon abou
Is restricted to the people af MBNA who require It
provtde products or services to you, We mall)taln ph~
electronic: and procedural safeguards thafciimply
federal standards for the secur.lty ,of Information.
When MBNA shares informatlon'about you with
companies outside of MBNA, we require them to
impose safeguards, use it only for a permitted pur
and to return It to us or destroy it,once that purpc
served. We limit the amount of ,Information share
what Is appropriate to offer a product or service e
dently. MBNA requires any company,recelvlnll in
matlon ftom MBNA to sign a ConfidentIailty Agre
contalnInll these requirements and obligating tho
company to protect the information as we would.
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non public personal inFormation aoou! you LV"
our business and to consistently deliver the top
Customer service you expect from us. Sources I
Information include the following:
. Information we receive from you on applicatll
and other forms or through your correspondenc
communication with us includIng throUih the n
by telephone, or over the Internet:
. Information we receive Irom third parties, sue
consumer reporting agencies, to verify statemen
you've made to us, or regarding your employme
credit. or other reiationships: and
. Information about yourtransactions with MBI
with other companies outside of MBNA,
Information We Share WIthin MBNA: We may s'
01 the information we collect about you with ftnanOi
ice companies within MBNA to offer additional prod
selVices that may interest you and best meet your n,
We believe this Is convenient for you and may save I
L-..d, ~illll; CluJ 111\0111"1. 'f~d"Je, ',1I'shareiaeFl:ifi~
information (such as name and address), transactio
experience information (such as purchases and pay'
credit eligibility information ISuc:h as credit reports;
appllatlonsl. and other information. The decision
chase any such products or setvices is YOUIS alone,
may tell us not to share credit eligibility Inlonnatiol
you within MBNA. but please understand thl$ does
prohibit u(from ot,~ring you additional productS,
services or from sharfng transaction and experlenc
identification, and other in/ormation within MBW
Information We Share Wltl1 Others: From til
time, we may allow companies outside of MBNA
yeu their products and services that 'may interest
These products and services may be offered by Iii
service providers (such as banks, loan brokers, ae
aggreiators, Insurance aients, Insurance com pal
mortgage bankers. and securities broker-dealers).
finandal companies {such as retailers, direct marl
communications companies, Internet serviCe pre
manufacturers, service companies, travel agents,
lines, car rental agendes, hetels, airlines. publis
and -organizations endorsini MBNA flnandal pr
or services\' and others (such as nonprofit qrgan
Subject to applicable law, we inay share all the
tion we collect with these companies outside 0
unless you tell us not to,
Additionally, we may share all the lnformaU
collect with companies that perform ma rketin1
servlces on out behall or to other flnaneiallns
with which we have lolnt marketing aireemen
are a Iso permitted by law to share informatio
you with other companies In certain drcumst
For instance, we may share all of the Informa
collect with companies assisting us in selVld
ioan or account with companies that endors
products and services through afftnity agreer
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WII,I\ ijl.JVl:llllll';lll. 1:1\'-1\..1'=::) III I 1::::)}JUII::)'C: LU'::iUU~U'Clla5 or
regulatory requirements, and with consumer reporting
aiencies. If you tell us not to share information with
companies outside of MBNA that wish to offer you
their produas and services, as described above, please
understand that we will continue to ,hare information
in these additional circumstances,
Important Information About Your Choice: We're
dedicated to serving your needs - and to respecting .
your choices related to privacy. You may tell us not to
share credit eligibility information within MBNA. and
you may tell us not to share information with companies
outside of MBNA that wish to offer you their products
and services as described above. If you wish to opt
out of such information sharing, please call toil-free
J -866.751-1255, We will ask you to verify your identity
and the specific accounts to which the opt out applies,
so please have all your account, membership, or
reference numbers and your Sodal Security number .or,
Taxpayer Identiflcatlon'number .for deposit accounts
s\'allasle ',\J:1en ,9\:1 rail. .
MBNA applies opt oufS,at tlie'aCcount level, not by"
Individual Customer, When ariy'person'ilsted with ,others
on an account opts outtfor exampleia'i:b-apjJlic:ant, Joint
account'holder, or authorized user), we'w'i1I'IISl the entire
account as having opted out MBNA wlll continue to
adhere to its dlsclosed,privacy_pr~icl!S fOLan account
even If it becomes Inactive or iiclosed. ..
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An, opt out froS infon',iatlon sharing on.an account
as described above, 'either wlthln',MBNA arid/or with
companies outside of MBNA, remains effective unless
revoked In writing. Fede'ral regulations require us 'to '"
provlde this notice on an annual basls: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.pf infomation sharing
(and not revoked in writing) does not ne~ to be opted
out again.
This notice u.pdates and replaces any previous
notices from MBNA about the privacy, security, and
protection of information. For additional Information
regarding MBNA's:prlvacy:practlces:concemlng the '
Int"rnet, and to view the most recent version of chis
privacy notice, please fiO to wwwmbna coni and click
on "Privacy Notfc.... You may have other privacy pro-
tections under state laws: We may amend this privacy
notice at any time, and we will Inform y'ou,of changes
as required by law, '
Words Used Often in TIilLi\greement
'Agreemenr or 'Credit Card Agreement" mean. these
Additional Terms and Condition. and.the Required Federal.
Disdosures lor the Initial Disclosure! and any chanile. we
make to tho.e documents from time to time,
"You" and "your' mean each and all of the persons who are
granted, accept or use an a<:count we hold, "You and "your:,.
also mean any other person who ha.guaranteed payment of
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this a<:count, when used In the sections en~tied. W.
Monil" and Record Tel.p~one calls, and MirrariDn and L.il
and when used In 'eaoh 01 the sections relating to pa
this account (Ya.r Pram/se la Pay. and How WeN/ocal.'
Payments, for examplel,
"We: "us:' "our" and "MBNA America" me.n MBN,
Amertoa Bank, N.A.
"Card" means all the credit cards we Issue to yoU e
any other person with authorization lor use on this a
pursuant to this Aireement,
"Access check" means an aCCeSS chock we provide
make a Check Cash Advance on your account.
IC we use a capitaUzed term In this dooument bill v
define the term In this document, the term has the m
given in the ReqUired Federal Disclosures or the Inlt!,
Disclosure. or as used In your monthly statement.
We use section headings (such as, Word!. Us<< OJt<n I. '
~4ru""nl) to o'rganlze this Agreement. The actual terms
Agreement are In the sentences that follow and not the I
Sign Your Card
YSJ:) slrleijle! sigR ~e.;lf ~,d .......f""'ll: l~U u:u: l~.
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We May Monitor and Record Telephone
You consent to and authorize MBNAAmerlCl. any'
affiliates. or Its marketlni as.oclates to monitor .n<llt
any of your telephone conversations with our represe.
or the representatives of any of those companies.
Credit Reporting Agencies
You autfr.-:lze M6:lAAmerlc:a to c:ollea Inlonnation i
you. Induding credIt reports from consumer reportinia
If you beUave we have furnIshed Inaccurate or In",,!
Information about you or your account to a 'credit rep'
agency, write us at: MBNA, CredIt Reportlt\i Agencies,
Box 17054, WUmlnllton. DE 19884-7054, Plea.e incluc
name, addrl!Ss. home. pt\one number, and acecuM nUl
and explain what you bell eve Is Inaccurate or Inoompl
How to Use Your Auount
You may obtain credit in the form of Purchases and
Advances by using cards,. access check:;.your a<xcuntl
or other credit devices, Please refer to your Required
DIsclosures or Initial Disclosure to determine what tran.
constitute Purch..es and ca.h Advances and how you
obtain them,
,Transaction Date for CertaIn Casf! Adv
The transaction date for Ched< Cash Advances and
Translers done by check Is the date you or the parson
whom the check I. made payable first deposit. or casl
check. The transaction date for a returned payment I'
Cash Ad'r.ll\ce)Is the date that the conespondlni pay
posted to your account.
Purposes for Using Your Account
Vou may use your account for personal. family. or hc
purposes. Vou msy not use your account for buslneSl
commerclal purposes. Vou may not use a Check Cash
Advance, or any other Cash Advance. to make a paym
thi. or any other credit account with us, Vou may not'
perm it your account to be u.ed to make any lUegal tr.ll
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Persons UsIng Your Account
II you permit any person to use your card, access checks,
,I account number, or other credit device with the authori,atien
.it to obtaI~ credit don bYOUhr account, you 1m day be liable lorall
I ransactlons ma e y t at person inc u Ing transactions lor
',! which you may not have intended to be Iiabie, even if the amOunt
of those transactions causes your credlt'llmit to be exoee<led.
J Authorized users of this account may have the same access
i to Information about the account and its users as the
i account holders,
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How You May Stop Payment
on an Access eli eck
You may request a stqp payment on an access check by
providing us with the access check number, dollar amount, and
payee !!lClIctly as they appear on the access check. Oral and
written stop.payment requests on an access check are effective
for six months /rom the day that we place the stop payment.
You May Not Postdate an Access Check
You may not issue a postdated ac:c:ess check on your
account. II you do postdate an access check, we may elect te
that presented it to us lor payment, without in either case
waiting for the date shown on the aC<:l!ss chock. We are not
lIabl. to,1Ou for any loss or """en.. Incurred by you arising
i out of the action we elect to take. '
" Your Promise to Pay
You promise to pay u. the .mounts 01 all credit you
obtain, which Includes all Purchase. and Cash Advances,
. You also promise tc '~ay us a:: the amounts 01 finance charges,
t laes, a,nd any other tra~ctlons we ch~rge aialnst your account.
I Payments' on Your Account
: You must pay each month at least the Total Minimum
Payment Due shown on your monthly statement by your
1 Payment Due Date. You may pay the entire amount you owe
us at any time. Payments made In any billing <:yde that are
:1 greater than the Total Minimum Payment Due will not affect
t your obligation to make the next Total Minimum Payment
", Due. II you overpay or'lf there Is a credit balance on your
account, we will not pay Interest on such amounts. We will
~ reject payments that are not drawn in u.s, dollars and those
i, drawn on a linanclallnstitutlon located outside of the United
.~ States. Payment of your Total Minimum Payment Due may
.; npt avoid the, assessment of Overllmlt Fees.
I W~e.n, Yo~r Payment Will,J3e.C~edlted
I . to Your Account.
l We credit payments as 01 the date received, il the payment
I Is: (II received by 2 p,m. (Eastern TIme); 12) received althe
~ address shown In the upper left. hand com_r of thelront 01
I your monthly statement; 13) paid with a check drawn In U.S.
~ dollars on a U.S. financial institution or a U,S. dollar money
'( orde.. and 14) sent In the retum envelope with only the top
\' portion of your'siatementaccompanyllli It Payments
i received after 2 p.m. on any day Indudlng the Payment Oue
1 Date, bufthat othelVllse meet the above requirements, wlll b.
: credited as of the next day. Credit for any other psyments
'j may be delayed up to five days, '
How We Allocate Your Pal/ments ..
We will allocate your payments In the manner we determine,
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In C111J:J~ 1I1~~a........",. ....... ...... ............... ./__.
linduding new transactions) with lower APRSbefo;~ b;i;;~
with 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 Pay Applies to All Persons
All persons who initially or subsequently request. acee,
iuarantee or use the account are Individually and togethe
responsible for any total outstanding balance. We may rei
to release from liablllty any person who Is responsible 10 I
any total outstanding balance, until all of the cards. a<<es
checks, and other credit devices outstanding under the
accouilt have been returned to us, and any such person.or
persons repays us the total outstanding balance owed to I
at any time under the terms of this Agreement.
~ault
You will be In default of this Agreement If: (i1 you fall 10
make any required Totai Minimum Payment Due by Its Payrr
Due Date; 12) your totai outstanding balance exc...qs.your
credit limit: or (3) you fall to abide by any other term of this
AareemenL Solely for the purpose. of detennlnlng eUaiblllt
BfLS l!remilJ.fT\ p~'FF1Ir:lt ~b1tS'itll"'\"<l! F"'1"th. nptlnn:=ll M"lIlIrllt In
ance purchased through MBNA. you will be deemed,!n defa
or delinquent I(you lall to make a payment within 90 cia,. c
your Payment Due Date. Our Callure tq Ill<e~e any of our
rights when you default does net mean that we are unable t
exercise those rights upon later default. ..
When We May Require Immediate Paym
If you are In defauit we can require immediate paymen'
of your total c!itstandl"g balance and, unless prohibited'
applicable law and ex.:ept as otherwise provided under th
Aroltrot/ox and Lltfgatfo. seCtIon of this Allreement. we an
also require you to pay the costs we In~rln anycoUe<tlc
proceeding. a; well as reasonable attorneys' rees If we ref
your aC:C:Qunt tor collection to an Ittomeywho Is net our
salaried employee.
Otlier Payment Terms
We can accept iate payments, partIal payments, or payn
with any restrictive writing without ioslna eny of our right,
under this Agreement. This means that no payment. Inch
those marked with 'Paid in full" or with any other restrlai
words. .hall operate as an accord and satisfaction wltho~
prior written approval 01 one olour senior officers. You m
not use a postdated ched< to make a payment If you da I
date a payment check, we may elect to honor it upon pre
ment 01 return It uncredited to the person that.pres~nt~1
without In either ,case waltini lor the datuhown on the
check. We are not liable to you for any leiss or expense
Incurred by you arlslna out of tlie action we elea to take
Payment Holidays
We may allow you. from time to time, to omit a mont
payment. We will notlfy you when this option Is avallab
If you omit a payment. finance chatieS and any appllcal
fees will accrue on your account In accordance with this
AlIreement. You must resume maklnll YOUITotal Minim
Payment Due each month ,following a payment holiday.
Transactions Made in Foreign Curren
If you make a transaction In a foreign currencY, the ~
tian will be converted by Visa International 01 Maste~
International"depending on which card you use, Into a
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, conversion procedures In effect at the time that the transactiol
'i Is processed, Currently, those regulations and procedures
i provlde,that the currency conversion tate to oe used Is either
j II j a wholesale market race or (2) a govemment-mandated tat.
\ In effect one day prior to the processing date, Increased by on.
] percent In each, case, Visa or MasterCard retains this one percen
~ as compensation for p~rforming the curren.cy conversion serv
I Ice, The currency conversion rate Tn effect on the processing
.I date may differ from the rate In effect on the transaction date
1 or the posting date,
1 Billing Cycle
J Your billing cycle ends each month on a Closing Date
i determined by us.. Each billing cycle begins on the day aher
f' ' the Closing Date' of,the previous billing cycle, Each statem.nt
: renects a single billing cycl~ ' " '
Account 'Fees7a'1i.d' Cfui,rges " ' · ,'-,' "
" Account Fees: The following fees, which are set forth on your
:1 Required Federal Dlsclosu,res or.Jnitlal Disclosure, are charged
,), as Purchases in the billing'cycleln,whlch the feesac:c:Uo, ,
'I (I),a ,Late Fee If the Total Minimum Payment Due shown on
:;' :';\:IT FRSRthl:' stat.!f.fIeFlt Is Flea feee:!':es !Ii ,HS Sf! er eder' IEJ
, Payment Du. Date;- ,,'
,\ 121 an OVerllmlt Feelt'your New, Balance Total exeeeds your
.. ' credit limit on the.l~ day of. billing cycle, ~ven iffees,or
, : finance charlles cha'lled by",U! caus. yo"r N~ Ilalanee 'l'otai"
, : to exceed your credit IIml~ an Overlimlt Fee Is charged to }'Cur
" account as of the day In the bUlini cycle that your totai out-
, ; standlnll balance on }'Cur.account exceeds your credit limit:
(3) a Retumed Payinerii'Fee1f a payment on'youriccount Is
:" retumed for Insuff);ent'fur;Js or lor any other reason, even If
;,,' It Is'pald upon subseciuen(presentment: '
,: (41 a Returned Cash Ad~ariceeneck Fee II we ';"tum an access
: i check unpaid for any i,eas,O'1. e,'IIln ,If th~ ac~ess check is paid,
, upon subsequent pres41ntnient, , ' '
, (5) a COpy Fee lor each COpy of a monthly statement or sales
, : drah, except that the six most recent monthly~tatements and
, ' six saies dralts will be provided (or free: and
; (6) an Annual Fee 11 your .~count Is open or If you maintain an
, ; account balance, whether, you haye actfve charging privileges,
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,1 Atiandoned Propeit)' 'Char..,,, Uniess prohibited by applicable
; law, we will charge your account, as a Pu'rchase, for anyeosts '
, ; incurred by u_ assoclated'wlth complyll\ll with state abandoned
i property laws, , '. '
'i Ple..e review your Required fedeisl Dlsdpsures or Initial"
i Disclosure for additional fees and charge_ that may apply to
I your account. .
I~ts
,I We may offer you cortain benefl~ and services with your
"I account. Unless expresSly made a part of this All",ement, any
I suc:li benerllS or seNiees 'are not i part' of this Aereement but
, I ace sublecc to the teems and roscrlctlons outlined In the benefit!
11 brochure and oth'er oIlItlal documents provided to you hom
time to time by or on behalf o( MBNA'Amerla, We may adlust.
,I add, or delete baitefits and services arany time and without '
I ' notiee to you,
\1 Refusal to HOllor Your Aaollnt '
, , We are not liable lor any relusai to honer your account. .
II This can Include a refusal to honor your card or account numbo
.1 or any check written on your account. We are not liable fOI
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any :etentlon of your card by us, any other bank, or,any
provIder of goods or services.
We May Suspend or Close Your ACCOUl
We may suspend or close your account or otherwise t
nate your right to use your account. We may do this at,
time and for any reason. Your obligations under this
Agreement continue even after we have done this. You
destroy all cards, access checks or other credit devlc~s c
account when we request.
You May Close Your Account
You may dose your account by notifying us. in writing
telephone, and destroying all cards, acce.. checKs or ot'
credit device; on the account. Your o?lIiatlons under tr
Agreement continue even aftefyou have.d~ne this.
Transadions After,Your Account Is Clo
When your account Is closed, you must contact anyone
authoriud to charge transactions to your ac:couh~ such a,
Internet service providers. health clubs or Insurance com~
These transactions may continue' to bl chariedIo your
::It'I"'I",,!nt nnrfl Y'l"'lU ~ha"aF! the billing: Also If we believe
have authorized a transaction or are attempting to USe I
account after you have requested to close the account, '
may allow the transaction to be charged tO,your aceoun
We May Amend This Agreement
We may amend this AlIreement at any time, We may
amend it by addilli. deleting, or'chaniing provisions of
AlIreement. When we amend this Agreement we will co
with the ar;>ltcable~otice requirements o"ederal and.
Delaware I.. that ale in effect at thaHlme. If an amen,
ilveS you the opportunity to relect the chanie, and If YO'
the change In the manner provided In such amendment,
may terminate your right to receive credit and may ask :
return all credit device. as a condition of your relectlon
amended Agreemlnt (Including any higher rate or other
charge. or re.., will apply to the total outstanding bala
Indudlng the balance exI.tlng belore the am.ndment beca
eRective, W. may replace your card with another card at ar
We May Sell Your Account
We may at any time, and without notice to you. sell,
or transfer Your account. any sums due on your ac:coun
Aireement, or our rlihts or obligations under your a.c<
this Agreement to any person or entity. The person or
to whom we make any such sale, asslgnm.nt or transt.
be entitled, 10 all of our rights andlor obllptlons under
AlIreerrient, to the extent sold, assiined or transferred.
Your Credit Limit
Your credit limit Is disclosed to you when you reall
card and, ienerally, on each monthly statement We n
change your credit limit from time to time,
The amount .hown on your monthly statement as (
Credit Available doe. not take into a.count any. Purch,
Cash Adl/8nces. nnance charges, fees, any other Itan"
or credits which post to your account after the Closinl
of that monthly statement. Such transactions could 1
your credit limit beilli exceeded and result In the as51
of Ov.rllmit Fee..
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f E;~~~ci Your Credit'Limit
:\ The total outstanding balance on youraceount plus
:; authorizations at any time must not be more than,your cred
:( limit. I/you attempt a transaction which results In your tota
outstandln; balance (pluuuthorizatlons) exceeding your
~ cr,dlt limit. we may: (I) permit the transaction without raisin
your credit limit; 121 permit the transaalon and treat th,
amount 01 the transactIon that Is more than the credit limit
as Immediately due; or (3) reluse to permit the transaalon,
If we refuse to permit the transaction. we may advIse the
person who attempted the transaction that It has been reiuse
,( If we refuse to penn it a Cheek Cash Advance or Balanee
, Transfer, we may do so by advislnll the person presenting the
1,: Check Cash Advance or Balance Transfer that credit has bee
refused, that there are insufficient funds to pay the Cheek
~' Cash Advance or Balance Transfer, or in any other manner.
'f IIwe have previously permitted you to exceed youi,credlt 11m
\ It do.. not mean that we will permit you to ""co<<! yourc:redtt
1 limit again. If we deci;!e to permit you to exceed y?ur credit Iln'
'J we may charge an overllmlt Fee as provided In thIs A;reement.
i,,' UllQutfwrized USll QfYQur Card
Please notify us immediately 01 the loss, thert. or possibl,
unauthorl1ed:lJ~e 01 your account at 1-800-421.2110,
~," You Must Notify Us When You
, Change Your Address '
We strive to keep a<xurate records lor your benellt and our:
'l11e post omee and others may notify us ola change toyaur
address. When y"U chan~ your address, you must notlly us
promptly 01 your;;ew addr.....
What Law Applies
This Agreement Is made In Delaware and we extend cred
to you Irom Delaware, This Agreement Is soverned by the
Jaws 01 the State of Delaware (without resard to Its conflict
laws principles) and by any applicable lederallaws,
The Provisions of Tliis Agreement
are Severah!e
II any provlslon.of this AIIreement Is found to bfllnvalld,
the remalnlnll provisions ~IU continue to be effective,
Our RigfttsContinue .
Our failure or delaY In exerdslnsany 01 our rlshts under
this Allreement does not mean that we are unable to oxete
those rights lat.r.
Arbitration ,and Litigation
This Arbitration and Lltleatlon 'provision applies to you
unless you were slven the opportunity to relact tho Arbitral
and Lltlsa tlon provisions and you did so rejact them In th,
manner and timelrame required, Uyou did reled: effectlvel
such a provision, you agreed that any IItlsation brouGht by
Isainst us reeardlns this account or this Aereement shall t
brought In a court located in the State of Oelaware.
Any'clalm or dispute ('Claim'l by either you or us agalr
the other, or asalnst the employe.., asents or assigns of I
other, arlslns from or relatlnsln any way to this Allreemel
any prior AIIreement or your account (whether under a
statute, In contract, tort, or otherwise and whether for me;
damases, penalties or declaratory or equitable relleO, Incl'
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LItigation Section or the valJdlty of the emlreAgreement
a.ny prior Agreement, shall be resolved by binding arbltra
The .,bltratlon shall be conducted by the NatIonal ArbllT<
Forum IUNAF"). under the Code of Procedure in effect at the
the Claim is filed. Rules and lorms of ,the National Arbitrali,
Forum may be obtained and Claims may be flied .at anY.Nat'
Arbitration Forum office. wwwarb-forum com, or P.O. Box 5C
Minneapolis, Minnesota 55405, telephone 1.800-474.2371. I
NAF is unable or unwlllln!! to act as arbitrator, we may Sl
stltute another nationally recollnl,ed, Independent arbltn
organl,ation,that uses a simllareode 01 procedure, At yo
written request, we will advance any arbitration ming lee,
administrative and hearlna fees whj~h you are requiI!:d to
pay co pursue a Claim in arbitration, The arbitrator will
decide who will be ultimately responsible for payilli thos;
lees. In no event will you be required to reimburse us for
arbitration filing, administrative or hearinl fe.. In an ame
greater than what your c:ourt costs would have been If the
Cialm had been resolved In a state court with Jurisdialon.
Any arbitration hearing at which you appe~r,wll! take, plae,
within the federal Judicial district that Inc;lu~ your blllln
address at the time the Claim Is filed. This arbitratIon air
tII'=U~ {:t lIIadl:: jJUlo:lUdUl t\ol d lu:JH.;!C1"'LJ....u JII~....ly;~,.,;ljLo;oj"lcrl
commerce and shall be govemed by the Ftd~rai Arbltratio
Act. 9 U.s.c. ~~ 1.16 ("I'M'). luclgmtrlt upon an! arbl~rati
award may be entered in any court haVing lurlsdl~on. The
arbitrator shall follow existing substantive laVlle the extent
consistent with the I'M and applicable statutes ofllmltatio'
and shall honor any claims or prlvlleg,j recol!l1izedby law. ~
party r!quests. the arbitrator shall write an oplnion.o:>ntain'
the reasons for the award,
No Claim s'FJmltteCi:o arbitration Is heard by a luCY ar
no Claim may be brought as a dass action or as a private
attomey gener.l. You do not have the r1ih~ to ael as a cI
representative or partlc:lpate as a member of a c:loss of
claimants with respect to any Claim. This Arbitration an'
Lltlsatlon Section applies to all Claims now In existence
that may arise in the future. '
This Arbitration and UtlgatlonSettlon shall surviveth
termlnaUon of your account with us as well as any volun
payment, of the debt In full by you, any bankruptcy by yo
sale of the debt by us,
, For the pu /poses of this Arbitration and Litigation Se
'we- and 'us" means MBNA America Bank, N.A., Its p.re
subsidiaries, alRllates, licensees, predecessors. success,
assisns, and any purchaser of your aecountflnd all of tl
o/!leers, directors. employees. agents and asslsns or an~
all 01 them, Additionally: "Wo" or "\Is. shall mean any U
party provldinll benents, services. or produc:ts In conne,
with the account Ilndudln!! but not limited to c:redlt bu
merchants that accept any credit device Issued urider tl
ac:c:ount, rewards or enrollment sen1C!S. credlt'lnsuran'
companies, debt collectors and all of tholr ofRoers, dire
employees and aients) If. and only IL such a third part
named by you as a co-delendant in any CIalfTl,You asse
aialnst us.
II any part of th~ Arbitration and Utlgation Section
found to be Invalid or unenforceable under any law or
consistent with the ,/lA, the remainder of this Arbitrat
Lltlsatlon Se~lon shall be enforceable wlthout..esard
invalidity or unenlorceabillty,
THE RESULT OF THIS ARBITRATION ACREEMENT
EXCEPT AS PROVlOED ABOVE, CLAIMS CANNOT BE
CATED IN COURT, INCI.UDINC SOME CLAIMS THAT'
10
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IAS PRIVATI::'.PiJ IVl"\.I't.,1 ....\;OI'l,;,lV"'IwO"",............
I .
I iCREDIT INSURANCE BENEFITS,
lILiMITATIONS, COSTS & EXCLUSIONS
i ;CONSUMER PROTECTION,DISCI.OSURES . ,. , .
j !CRED'IT INStjllANCE IS, NOT A DEPOSIT,'NOT FDIC-
, ,INSURED: NOT INSUREO BY ANY FEDERAL GOVERNMENT
i jAGENCY:,AND N~T GUARANTEED BYTHE BANI\-, . ,
! ! PURCHASE'OF CREDIT INSURANCE IS NOT,A CONDlTJON
1, ,OF OBTAINING CREDIT. IF COVERAGE IS DESIRED. IT
. MAY BE PURCHASED ELSEWHERE.
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receIvIng unemptoyment cenems or cw: ""r;:,01J'.......
This Is only a brlel,descriptlon of coveraie, and covera,
vary by state, Please refer to your certificates for a full
""planation or coveraie, .
CMts Der S 1 00 t:Iwr Month of AVl!ra2l! Dallv ~aJan~f!:
Costs apply to I.lre (I.J. OI~ablllty (D), Unemployment (Ill I;
Family I.eave (F): AI. 54.5e: AK 78c: Kl99.ge: AI\ 99c: CA
89.ge: CO 50,66c: CT 42.8ge:.DE 99.9c: DC 99.9c: FI. 89c. 0;
90.8c; HI 89,91 c: 10 99,5c II. 8:6C, D i6.9c. U 54e, F 20c); II.
80.97c: IN 96c:.IA 97.8e (I. Dc: D l6.6c. U 54c,f'20c): KS
85.47c: KY 97.4c; LA 99.93c: ME' 53.05crMO 79,74c; MA 15,'
MI 85.7c: MN 31.47c: MS 9pc: M06I.lc:MT93.ge:NE
95.8c; NV 99.87c: NH 95c: NJ 97c: NM 58.ge; NY 52.5c (I.8.:
D 26,8e, U 16.9c}: NC 7 J.3.c: ND 94.97e; OH 99.ge: OK 97.47
OR 80.8e: PA 38,lc: PR 99':': 1\1 99,8c: SC 78.Se: 50 99.9c: r~
92.5c: 'IX 33.7c (I. 4.8c. 0 12.9c, U 16c): UT 90,44c: VI" 34.92
(I. 6.68e, 0 12.24e. F 16e): VA 84c (I. 6.le, D 8.ge, U 49c. F
20e): WA 89.39c: WV 99.5c: WI916c (I. 5,7e, 0 8.9c, U 5ge, I
20cJ &. WY 99,7c.
Avallabllltv. Involuntary Unemployment Is not available
MA or VT. Family I.eave Is not available In AI.. CT, MA, MD.
MN. NM, NY, PA. orT:<.
Und@rWrltlnA' ComnantesIPon~. Involuntary
Unemployment: American SecurityI\.OI(5185), 1.01 NY(3I93)
IS I.011')((l1/99}, I.0IC.IP.I<S(2I96), I.OlC.IP.cRS.ME(5185J
and I.OIC-IP: Standard CuarantylSCI.OI (51851 (Nfl onlYI.
Life I; Disability: Union Securlty l.ifet!..j.Z. I.-5-Cl In AI... IIZ
AR, DE. 0<:, 10, II., lA, KS. L.A. MD, MN, MS, NV, NO"OH, 0:
RJ, SO, VT;.WA. WV &. 'VN: Standard Guaranty We (T:< only})
I..I,Z(8I92)(3,53RA). First Fortis urelNY ure only)INYLMIll
American Security (NY Disability onIY)IW.S-A, Fortls
Insurance (ME ~Ny)lU.l(.\. Family Leave, American
Securlty/FLP 141971. Fl.P.F1.(12I97) In Fl., FI.P.NC (3/98) In~
FI.P-oK141971 In OK, Fl.PoVA(2198) In VA, Fl..JP(AZ)(7I9B) In
lIZ, Fl..IP(4/971 In IL & IN. Fl.-Ip.1<S (12197) In I<S, Fl..IP-ME
(4199) In ME: FL'IP.WY(4I97) In 'VN: Standard GuarantylFLP
(4197) In NH, Union Security LlfelFl.P.VT(419?lln Yr. Solidl
agents for Mississippi and Florida are Charles M, Cordon ar
Pamela Curtis respectively,
The aeditcr may receive compensation In (Onnectlon w
this offer.
It Is a c:rime to provide raise or misleading Information to
Insurer for the purpose of defrauding the insurer or any oth,
person, Penalties Indude Imprisonment andlor fines, In acldll
an Insurer may deny Insurance benents If false Information
, materially related to a dalm was provided by the applicant
'Less past due and overeredlt limit amounts, In MI. cO
age pays 5% of the balance on your dato or dlsabUity up ~
S1250, In OR, coverage pays the,llreater or 1136th of the b
ance or the current minimum payment due on your date'
less. In NY &. PA. coverage pays the minimum payment c
on your date of loss. in 'l'X. coveraie pays the lItOater of e
your Insured outstanding balance on your date of unemp
ment or your minimum monthly payment
. "The number 01 monthly benefit payments will not """""'
for ramily teave: 12 ror unemployment In AJ... AI<. CT. IL, MI
MO, NM. NC, NY, PA.SC&-1'X: 12 for disability In A!(. CO.'
Fl. KY, 1M. MO, MT. NE, Nfl, NM, Nt, OR, sc. UT &- VA.
rIY. NI & TX R..ldenll Only: 1'0 purchase coverages sapa
write to Assurant Oroup, P. 0, Box 503". Atlanta. CA 3030:
Applications will be sent to you.
12
EXHIBIT "B"
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11MPORTANT AMENDMENTS
TO YOUR CREDIT CARD AGREEMENT
Th$$e Am~ents OhmS the leITns ohour Credit Card Agreement. P1eass read lhb doou~e t
t~d keep It W1lhYOUr,C Card AWQl!milnt. Exoeptlor Ihese Amendments, the terms of your C~
......reement ccnlfnue n 1iJl1 orceang 'Ifact.
. ~Irsa \jgtetl1at,~~Weharle&~our =fordi~utes l:i=ts\1m.~~co!'l1Ple!Eln6'
Rg~res,~~a~Boxf7b%2,9~I~n.ra~g4-70&~ew. s tR~rtlng
. EffecUvewlth leanl saCtlonsfel11atpost~yOurcaCQO!Jnt on er afteE' 15,2000, 1fY'C\! oblal~
M./ilIlce a Sa a ce Tra . or /'Ie. IlS/1 AdVa. I a a I!!ns!i:ti fee
=~~;~uim&~oflhefrs. e~sramoun!~:fsuo ~Advance{McrJimug ae:.
. &iWlth'!!b~lhatllOSlto8!~nton tlI"aftarJEIJa 15,2000,1f~ ~aa;
anAT! nee era I ~ l. Ie will a tiansaCllc e ,He
,. C GEl equ , 0 !he U.S. ~ amount gJ e:h sue sh Advance ( nlmum ae: i
. ~~~8.tQ9QIMJfllTUmp~w1~~aSrOIl~TheTom'.M~~
~m~t~i e~u,~~--fl~~t!.m:aS~e$
=irm;r~ toi~~~T~QSS~a~'Ji!ii&~~
.lirf~~I~~~=cJI1~=er~~~'rcr~~~h:;?A~~~ch
. You.consen,!.to andoflUlhcrlzsephMBNAAllIericlllblnY of lis afll1lstee, or IIs.marKeRn" ah<lCi&tes ~ n
IlIldior reco,u eny yourtale oneco"",l'llsuons WIth our representatIVes or the represanlallV8$
lIlose campanles. . ,
. As~r~c1ed InyO~ur. Credit Card Alntand under Delawamlail'~ ~ amending \11
~ reemenl to I u~ an AtII n SeCtIon. Pleas. reacI car lYcbfi It wJ~
~bU" ~ ~a~, you ~~ l!.~y:ut=!\ ~ ry~ . I on ~~~~~
~ts.!Il;llQl)S..1 lund oUhlS n CL 'lVi,s Ar~itndio"n Sdon I me IiCiive I
f ~6O:"\'h" Ar\lItraUon Sedlon reads: '
Alb'lnllon:i.clajm=illlU~ C'Clalm'lbv ei'lh~~ crill'\lllthll other, or1aaalnst Il)e eAm
agl!ll'ltsorue s theo et,anSlngllC~motm'u any.~ 111liS=811,OlRSdaOl' ,g
~BtCOIJllt e er ~SlIltl.ill. tltln !Elun Q~r i!
iIllesQfCll ,Q/'s iIablAe~..;I!r I I ~ ~A J
orb , 'tl'l8 lire, ..._._..oranypnCll' me ~
1~=~~shalI!l~E:n18 . (If lIo~I~' theCot~
rnarnw6ij,~ at onal Ijo c~ or. Boi50
~rs.Mth"'.:E tall .lI"~'l~ '. e Don \011
f enculEll'natlona I In nee . nrr i:
. RCh ~3:e sa IO~ on.. II'
I Nt.M!~ 'fees. Inno~.m.!I~ to 81
~ n lng, 1iVedlii'~ In 0 ~'Aienw ur~oos~'^i
~~... "~__In.~b. lI!'Ia=ar~eln
~!~ .' ~,.(lt a I 1ll1ntel&talllcommel
~-q~l . iOn..~..l leU tl!l'!.91tn=
Q;t&nt ' rwl ~ I en.aner. I'\C ~~'tlllllms<
5Rr_aw'anyparty .thea=1 anopllllcnccn!fnQlhe~sc
NQ Claim submitted te albitlation is heard a IUIY and not Claim =iml'O hi as a!!i!l3 ~tlc
grlvateattomeygeneral" YOllwiII,notnllw 8iillnttoac 1M. d~e~... ttvei!""'"*illE,
I"nerllWOfacressotcllllmantsYli1ll to ~m S lu. n on 0
b en and liS' I" I SUlI1l flle e re!he da~ s Altl on 01
e.~wever.lh~mDQn eotlon ~18S to all ClauM nowl" llXIstsnca crirafj"ay aI'
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EXHIBIT
.m
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AL~STAree'NTERNAnONAL
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~9!!tidle P~~ses of this. Arbitration adon, 'we' and 'us' means.M8NAAmeriea Bank, NA lis P
$...... aoe',.mllates, lIcensees, ~rs, SUOCEl$$Ors. assigns, and er:ryPU1Chas8rof\11ure
anS~U Ohtthe1r officers, d1=, emclavees. acents and.a~s or am' and all of them. A tion.
8~CI~di~ga~T~MhftJ1ji =t=~2 ~=~M1;'~~Cc~~i~lSl~, ~o~~~~\4n e~
accoun~ rewaros or enllll ant S8l'11cas, o(edit Insurance oomparoes, t colleclol1 and all 0 Ih-
Officedeits, dl'iClors. emtIIQyee$ end agents} If, and only if.sll~h a third fISlh(1a~. CY.Y\lU as ~ '
~?" ~!3nt In am Glaltl1You asseo: ailost us. A1SC1, lor 1I1e purposes 0 III llralion Se..oUon
lOUrs sl1aJI meananY~f30n ortnti!Y roveldbyus to use !I1eaccol.ln~ InclU ngbutnot ilm1t8
p6roons or entitles conli'aclually 00119<11 on llie account and all autho~~ed US8I'$ 01 the accoWll
If any p'art 9,f}hls ArbItratiQn Sectiqn ls founthq to.~, Invalid gr unenfon:;~able unnf der anY law or statu'
00I1S1stent With the FAA... the remamder of IS", "Itrallon Seotion shall be e oreeabre Without reg
such invalidity or unenforCeabill!y.
;Qi~~a~~~ ~d*~~gOOTl~tlo~.~o~9~&~R'~,9~Vr.~~1~1~~~8~~~gM~c
8EFOREAJ~Y, AS CLAss AG NSO"# AS P U'v~TE lfl'ORNEY GENERAl.'XCTiOI'IS.
If you do nllt wish YOllf.ll~Q!I.att!lbe su'l!~ctto this MlhtIoq Si" ~u must write to ~~t MI
Ainerica P.O. Bolfl~.5~. WllmlClH!on.~ 1~85o.JJ.earlYIJnntot e,gur.name!~~fCCII'C
~i~&~tt~~o'L~n,y\'1e~~'n OO-s:c~~ f&~gr.:~~n Il.gA~~~
. lie your It/tlV at file above ai:fdJllss by January2~, 20f10 oryow: "J8CtiOn (I 1he 'Albin
WI IIOtlle ellilctive. '
" , @!1999MBNAAmericaBank,~.A.
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EXHIBIT "e"
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4043
NOTICE OF ARBITRATION
Dear Respondent,
AN ARBITRATION CLAIM HAS BEEN FILED AGAINST YOU.
Enclosed and selVed upon you is the Initial Claim. You may obtain a copy of the Code of Procedure,
without cost, from the Gaimant or from the Forum at WWW.ARBITRATION-FORUM.COM or
800/474-2371.
IF YOU DO NOT SERVE THE CLAIMANT AND FILE WITH THE FORUM A WRITTEN
RESPONSE,AN AWARD MAY BE ENTERED AGAlNSTYOU. AN ARBITRATION AWARD
MAY BE ENFORCED IN COURT AS A CIVIL JUDGMENT,
YOU HAVE THIRTY (30) DAYS TO RESPOND FROM RECEIPT OF SERVICE.
You have a number of options at this time. You may:
1, Submit a written Response to the Claim, stating your reply and defenses to the Claim, together
with documents supporting your position. Your Response must be selVed on the Claimant and
filed with the Forum. Read Forum Code of Procedure Rule 13. A Counter Gaim, Cross-claim
or Third Party Gaim may also be selVed and filed, and accompanied by the fee as provided in
the Fee Schedule. Forms for such Response and Gaims may be obtained from the Forum, If
you fail to respond in writing to the Gaim, an Award may be entered against you and in favor
of the Claimant and you wi11lose your case,
2. Demand a Document Hearing or a Participatory Hearing. You may request a Hearing in your
Response or in a separate writing. Unless you have agreed otherwise, an In-person
Participatory Hearing will be held in the Judicial District where you reside or do business, You
may also request a hearing on-line or by telephone, Your written Request for a Hearing must
be filed with the Forum. You must also selVe a copy of your Request on the Gaimant and any
other Parties. Read Forum Code of Procedure Rules 25 and 26.
3. Have other options. You may seek the advice of an attorney or any person who may assist you
regarding this arbitration. You should seek this advice prompjly so that your Response can be
selVed and filed within the time required by the Code of Procedure. If you have any questions
or need help in responding, you may contact the Forum.
The Forum is an independent and impartial arbitration organization, which does not give legal advice
or represent parties. THIS SUMMARY IS NOT A SUBSTITUTE FOR READING AND
UNDERSTANDING THE CODE OF PROCEDURE WHICH GOVERNS THIS ARBITRATION.
The Forum
P.O. Box 50191
Minneapolis USA 55405-0191
(651) 631.1105 (800) 474-2371
info@arb-forum,com
ARBITRATION.FORUM.COM
234A
NAFCL5/NAF3
.
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4041
IN THE
NATIONAL ARBITRATION FORUM
CLAIM
MBNA America Bank, N.A.
c/o Wolpoff & AbIamson, L.L.P.
Attorneys in the Practice of Debt Collection
Two lrvington Centre
702 King Farm Blvd.
Rockville, MD 20850
CLAIMANT,
RE:
Forum File Number: F A0311000207498
Claimant File Number: 0112572890
Account No.: 4313080999824762
Card member Agreement Type: NEA90
Rachel M Cooper
4008 Dartmoor Dr
Mechanicsburg PA 1705()..2193
RESPONDENT(S),
For a Claim against Respondent(s), Claimant states:
1, By way of contract and use of the credit account at issue, Respondent(s) became bound by the terms of a credit agreement
(hereinafter the "Agreement"), which is attached hereto and incorporated berein by reference.
2. Respondent(s) is/are in default under the terms oithe Agreement and is/are now indebted to Claimant in the amount of
$3032.56 , as retlected in the attached account summary, plus interest of$46.36 as of the date of filing, and at
6.00% thereafter,
3, Despite repeated demands for payment, Respondent(s) has/have not paid the amounts due.
4. Claimant requests an Award for the amonnts reflected in Paragraph 2, plus all arbitration fees incurred, Process of Service
fees and Attorney Fees of $454.88 ,if allowed by law, equaling of the outstanding principal balance.
5. The attached Agreement contains a Delaware choice ofIaw provision and a provision for "reasonable" attorney fees.
Delaware law specifically provides that an attorney fee may be awarded in an amount up to 20% on an unpaid claim if
allowed by law. ~,10 Del. Code See. 3912 (Pleading & Practice).
6, The attached Agreement contains a mandatory arbitration provision under the Rules of the National Arbitration Forum
("NAP').
The undersigned counsel for Claimant asserts, under penalty of perjury, that the information contained in this Claim and
the supporting documents attached hereto are accurate based upon information provided by Claimant to the undersigned counsel.
WOLPOFF & ABRAMSON, L.L.P,
Attorneys in lhe Praclice o/Debl Col/eclion
By:
Ronald M. Abramson, Esq, (MD, DC, MA) Connell A. Loftus, Esq. 01A, WV, DC)
Barry E. Gordon, Esq. (MD, DC) Matthew P. Linkie, Esq. (MD. DC, VA)
Ronald S. Canter, Esq. (MD, DC) Jennifer L, Anthony, Esq. (MD)
Neal J. Levitsky (DE) - Local Counsel Kelly E. MacBeth, Esq. (MD)
Couusel for the Claimant
If Respondent or counsel wishes to contact Claimant, please call or write:
Paralegal Department
Wolpoff & Abramson, L.L.P.
Tw<> Irvingt<>n Centre
702 King Farm Blvd., Sth Floor
Rookville, MD 20850
1-800-83()'2793
NAFCLM/NAF3 234A
.
,
1;~28~r7mu /
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
(
MBNA AMERICA BANK, N,A.,
Plaintiff
NO. 043616
vs,
CIVIL ACTION. LAW
RACHEL M COOPER,
Defendant
RULE
AND NOW, this j<j5' dayof~_
, 2004, upon the
consideration of the foregoing Petition to Confirm Arbitration Award, it is ORDERED that
the parties to this action show cause, if any they have, why this Motion should not be
granted.
RULE RETURNABLE /6 days from the date of service hereof,
BY THE COURT:
It fJ!,"c> g /377
I Judge
rFlue CO
In T~ ~y FROM "Z:"""bH
4IJd the 801, I her. "-'VI"U,I
rh~ ,x. &ell lit saJc1 CoUrt: u: SlIt my llall(t
. i);: " '!;.71~.~~
Protl1O rv
VERIFICATION
The undersigned hereby states that he/she is the attorney for the Plaintiff, MBNA
America Bank, N .A., who is located outside of this jurisdiction and in order to file the
within document in an expedient and timely manner, 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 Motion 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 unsworn falsification to authorities,
Date: /- 25.05
Amy .
ID No.8 62
Philip C. Warholic, Esquire
ID No. 86341
Daniel F. Wolfson, Esquire
ID No. 20617
Wolpoff & Abramson, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
Counsel for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
NO. 043616
vs.
CIVIL ACTION - LAW
RACHEL M. COOPER,
Defendant
CERTIFICATE OF SERVICE
The undersigned does hereby certify that I served a copy of the foregoing Motion
to Make Rule Absolute upon counsel for Defendant, by First Class Mail, Postage Pre-
Paid, a copy thereof on this -.15. day of 0Af\! uA 12:-/
,2005, to:
Rachel M. Cooper
4008 Dartmoor Drive
Mechanicsburg, P A 17050
Amy F. oyl,
ID No, 8706
Philip C. Warholic, Esquire
ID No. 86341
Daniel F. Wolfson, Esquire
ID No, 20617
Wolpoff & Abramson, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
Counsel for Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
NO. 043616
vs,
CIVIL ACTION - LAW
RACHEL M. COOPER,
Defendant
MOTION TO MAKE RULE ABSOLUTE
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
AND NOW this J.i day of r ~0AR-'1 ,2005, comes the Movant,
MBNA America Bank, N,A, by and through its attorneys, and the law firm of Wolpoff &
Abramson, L.L.P., and files this Motion to Make Rule Absolute of which the folJowing is
a statement:
1. A Petition to Confirm Arbitration Award Pursuant to 42 Pa,C.S.A Section
7313 was filed on or about October 27, 2004, requesting that a Rule be issued ordering
the parties to this action to show cause, if any they had, as to why said Petition should not
be granted. A true and correct copy of said Petition is attached as Exhibit "A" and
incorporated herein by reference thereto,
2. Pursuant to the issued Rule, dated November 19, 2004, Defendant was
provided with fifteen (15) days from the date of service of said Rule, by this Honorable
Court, in which to respond. A true and correct copy of said Rule is attached hereto,
incorporated herein and marked as Exhibit "B",
3, That said Rule was forwarded to Defendant on or about December 1, 2004,
and was received by Defendant as evidenced by the Certificate of Service which was
filed with the Court.
4. That Defendant has failed to respond to the aforementioned Rule directing
Defendant to show cause why the relief requested in Plaintiffs Petition to Confirm
Arbitration Award should not be granted.
WHEREFORE, PlaintifflMovant, MBNA America Bank, N.A., requests that this
Honorable Court make the aforementioned Rule absolute, and execute an Order entering
judgment in favor of Plaintiff and against Defendant in the amount of Three Thousand
Seven Hundred Seventy-Eight and 40/100 ($3,778.40) Dollars.
Respectfully submitted,
AmJ~,~,~ w..LL,
ID No. 87062
Philip C. Warholic, Esquire
ID No. 86341
Daniel F. Wolfson, Esquire
ID No. 20617
Wolpoff & Abramson, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
Counsel for Plaintiff
,
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
NO. 043616
vs.
CIVIL ACTION - LAW
RACHEL M COOPER,
Defendant
RULE
AND NOW, this
day of
, 2004, upon consideration of
the within Plaintiff's Petition to Confinn Foreign Arbitration Award, a hearing shall be
scheduled in the above captioned action for the day of
20_, at
a.m./p,m., in Court Room Number _ of the CUMBERLAND
County Court House.
BY THE COURT:
J,
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
NO. 043616
vs.
CIVIL ACTION - LAW
RACHEL M COOPER,
Defendant
Q.RDER
AND NOW, this
day of
,200_, upon consideration
of Plaintiff's Petition to Confirm Arbitration Award, it is hereby ORDERED that Plaintiff's
Arbitration Award is confirmed, pursuant to 42 Pa,C.S.A. S7313, and that judgment be
entered in favor of Plaintiff and against Defendant in the amount of Three Thousand
Seven Hundred Seventy-Eight and 40/100 ($3,778.40) Dollars.
BY THE COURT:
J.
,
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
NO. 043616
vs,
CIVIL ACTION - LAW
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PLAINTIFF'S PETITION TO CONFIRM '.' ,-l
ARBITRATION AWARP PURSUANT TO 42 pa.C.S.A.ltS13,;::,~1
AND NOW, TO WIT, this .3::L day of ~ ha__, 2004, comes the
Plaintiff, MBNA America Bank, N.A., by and through its attomeys and the law firm of
RACHEL M COOPER,
Defendant
Wolpoff & Abramson, LLP, and files the following Petition to Confirm Arbitration Award,
and in support avers as follows:
1, PlaintiffJPetitioner, MBNA America Bank, N.A., is a Delaware corporation
doing business within the Commonwealth of Pennsylvania, and the other states of the
United States, with its principal place of business situated at P.O. Box 15718,
.
Wilmington, Delaware 19850.
2. DefendanVRespondent, RACHEL M COOPER, is an adult individual with
a last known address of 4008 Dartmoor Drive, Mechanicsburg, CUMBERLAND Coun~
PA 17052.
3. That pursuant to the Credit Card Agreement Additional Terms and
Conditions, which Defendant/Respondent received when Plaintiff/Petitioner issued
Defendant/Respondent an open end credit card account, the parties agreed that this
,
matter be referred to Arbitration in the event of any claim and/or dispute if the account is
referred to collection. A true and correct copy of said Credit Card Agreement Additional
Terms and Conditions is attached hereto, incorporated herein and marked as Exhibit
IIA".
4. That in early 1999, Plaintiff/Petitioner forwarded to Defendant/Respondent
a document titled, "Important Amendments To Your Credit Card Agreement." A true
and correct copy of said document is attached hereto, incorporated herein and marked
as Exhibit "B".
5. That said document again provided Defendant/Respondent with details of
the Arbitration clause, pertaining to Defendant/Respondent's open end credit care
account, in the event of any claim and/or dispute if said account is referred to collection,
and further afforded Defendant/Respondent until January 25, 2000. to notify
PlaintifflPetitioner by written correspondence that Defendant/Respondent did not wish
for Defendant! Respondent's account to be subject to said Arbitration Section. See
Exhibit "B" as previously identified and incorporated herein.
6. That Defendant/Respondent did not forward any written correspondence
to Plaintiff/Petitioner by January 25, 2000, in order to opt out of the Arbitration process,
and therefore Plaintiff/Petitioner properly referred this matter to the National Arbitration ..
Forum pursuant to the Arbitration Section of Defendant/Respondent's open end credit
card account, when Defendant/Respondent defaulted under the terms of the
aforementioned open end credit card Agreement.
7. That the National Arbitration Forum then forwarded to Defendant!
.
Respondent a Notice of Arbitration and Arbitration Claim form, and said documents
explained Defendant/Respondent's rights and options pursuant to the Arbitration
process, A true and correct copy of Notice of Arbitration and Arbitration Claim form are
attached hereto, incorporated herein and marked as Exhibit "C".
8. That due to the fact that Defendant/Respondent did not provided a written
response to the National Arbitration Forum within the allotted thirty (30) day time period,
to either state Defendant/Respondent's reply and/or defenses to said Claim or to
request a hearing before the National Arbitration Forum, an Arbitration Award was
entered on May 25, 2004, in favor of Plaintiff/Petitioner and against
Defendant/Respondent in the amount of Three Thousand Seven Hundred Seventy-
Eight and 40/100 ($3,778.40) Dollars. A true and correct copy of the Arbitration Award
is attached hereto, incorporated herein arid marked as Exhibit "D",
9, That the Credit Card Agreement Additional Terms and Conditions and
document titled, "Important Amendments To Your Credit Card Agreement" both state
that judgment upon any arbitration award may be entered in any Court having
jurisdiction.
10. That Plaintiff/Petitioner has filed the within Petition, pursuant to the
Uniform Arbitration Act, in an attempt to obtain judgment against Defendant/Responden
in a forum which is better suited to secure a collectible judgment against Defendant/
Respondent, as the aforementioned Arbitration Award is non-binding and unenforceabll
outside the scope of the Court of Common Pleas.
11 . That Plaintiff/Petitioner is entitled to the relief requested in the within
Petition due to the fact that the aforementioned Arbitration Award was properly obtained
by Plaintiff/Petitioner; because this Honorable Court has jurisdiction over the
Defendant/Respondent to confirm the aforementioned Arbitration Award; and because
Defendant/Respondent did not make an application, pursuant to 42 Pa.C,S.A. ~,7314,
within thirty (30) days of receipt of the aforementioned Arbitration Award, with the Court
to have said Arbitration Award vacated, modified and/or corrected.
WHEREFORE, Plaintiff/Petitioner respectfully requests that this Honorable Court
confirm the Plaintiff's Arbitration Award, pursuant to 42 Pa.C.S.A. ~7313, and enter
judgment In favor of Plaintiff and against Defendant in the amount of Three Thousand
Seven Hundred Seventy-Eight and 40/1 00 ($3,778.40) Dollars.
Amy F. oyle
ID No. 87062
Philip C. Warholic, Esquire
ID No. 86341
Daniel F. Wolfson, Esquire
ID No. 20617
Wolpoff & Abramson, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
Counsel for Plaintiff
VERIFICATIQ.N
Amy F. Doyle, Esquire, hereby states that she is the attorney for the Plaintiff,
MBNA America Bank, N.A., who is located outside of this jurisdiction and in order to file
the within document in an expedient and timely manner, she is authorized to take this
verification on behalf of said Plaintiff/Petitioner in the within action and verifies that the
statements made in the foregoing Petition are true and correct to the best of her
knowledge, information, and belief, based upon information provided by the Plaintiff.
The undersigned understands that false statements herein are made subject to
the penalties of 18 Pa.C,S. Section 4904, relating to unsworn falsification to authorities.
Amy . Do}\ ,
10 No. 870 2
Philip C. Warholic, Esquire
10 No, 86341
Daniel F. Wolfson, Esquire
10 No. 20617
Wolpoff & Abramson, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
Counsel for Plaintiff
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EXHIBIT
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ALL.ST1TP INllIlNAnONAL
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Your Credit Card Nire~ment with us conslscs 0/ these
AddltJonal1erms and ConditIons and the document calle
the Required Federal Disclosures or the Inlclal DIsclosure
You agree to the terms and condlclons 01 this Aireem.nt
For the purpose 0/ the PriWlCy Natke,.we will use che dennl
concalned in the chlrd paragraph 01 the Prl""'y NlUc,. ,or
the remainder 0/ the Aireement. we will USf the de11nltic
described under the seaion headlne Wards Us,d Oft," i.
TAis A4rflMII1I.
Privacy Notice
Your privacy Is Important to us: At MBNA, we a,
committed to provIding you wIth the finest finandal
products and services backed by conslstentlytop'ql
service. And while information about you Is fundamE
to our ability to do this. we fully recognize the ImllOrt
of keeping personal and account lllforinatlon secure,
To offer you the widest ranlle of productS and serv
MBNA may share Information about you both with
MBNA and outside 0/ MBNA With other companies
This allows us to offer you products and services ti
er n es mee your nee s. w ,
th~ are available directly'/rom MBNA or through c
relationsh'lps with other, companies" We want you
undetstai\d our In/ormatiorl..liaf7illl!fc!s. what infonm
we collect. what lnfonnatlorl'lwe share. and the benef
you recelve when we sh~re~nformatlon about you,
7hls ~otlce describes t~e":Prlvacy pmctlces of ME
Corporatlon,1pd all,'.<IBNA affiliates, Indudlni MB
America Baril<, N...... MBNAAmertca,{Delawarel..N.
Palladian Travel Services. Inc;. MBNA Hallmark
Information Servl~. In<;.. MaNA Marketl/li,Systlll'
Inc.. and MBNA Insllrance ~nCy: Inc.'tciollectlveh
'MBNN), for financial products and services gover
by the laws of the United States of America, This
notlce explains MBNXs In/ormation collection anc
sharing practices anq lets you choose whether or I
MBNA roay share certain Information about you. e
within MBNA or outside 01 MBNA with other CXlmpa
Our Security Proceduresl MBNA understands
Importance of protectlne and ~ecllf.lnlllnformatlon
uslnlllt appropriately. A<:cess,to lnlormatlon abou
Is restricted to the people 0/ MBNA who require It
provide products or servtces to you, lNe mall')tain ph!
electronic; and proceduial safe8\llirdsthat comply
federal stindarcls for the security .of In/ormation.'
When MBNA shares In/ormatlon'about you with
companies outside 01 MBNA, we require them to
Impose safeguards. use It only for a permitted pur
and to return It to us or destroy It<lnc:e that purpc
served. We limit the amount of lnf!:lrmatlon share
what Is appropriate to offer a product or service eI
dently. MBNA requires any company,recelvllliin
mation from MBNA to sign a Confidentiality Agre
containing these requirements and obllgatllli tha
company to protect the information as we would.
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nonpubllC: personal Information aOOUl you LI.> W'"
our business and ~o consistently deliver the top-ql
Customer service you expect from us, Sources of
Information Inc:lude the following:
. Information we receIve from you on application
and other forms or through your correspondence '
communication with us Including through the ma
by telephone, or over the Internet:
. Information we receive Irom thIrd paTties, such
consumer reporting agendes. to verify statement!
you've made to us, or regarding your employmenl
credit, or other relationships: and
. Information about your transactions with MBN
wIth other companies outside ofMBNA.
Information We Share Within MBNA: We may so
of the information we celied about you with finance
ice companies within MBNA to offer additional proch
servfc:es that may Interest you and best meet your ne
We believe this Is convenIent for you and may save y,
wth l:iul\:O cmJ lll""u~~. To de JO. "..c 3f1aft h:lep.tilteat:
information (such as name and address). transactlOI
experience Information (such as purchases and P8\'l
~it eligibility Information (such as credit reports ,
appllcatlonsl. and other Information. The decision I
chase any such products or service Is yours alone.
may tell us not to share aedit eliilblllty In/ormatlol
you wIthin MBNA. but please undelStand this does
prohIbit u(hom ot;~rlng you addltlonal products,
services or from sharing transaction and experlene
identIfication. and other Information within MBN!
Infermation We Share With Others: From t11
time, we may allow companies outside of MBNA
you their products and servfces that'may Interest
These products and services may be allered by fl.
service providers (such as banks. loan bICkers. ae
aggregators, Insurance agents. insurance compal
mortgage bankers, and securities broker-dealers),
Rnanea! companies (such as retailers. direct marl
communicatIons companies, Internet servICe pre
manufacturers. service companies, travel agents,
lines. car rental agendes, hotels. airlines. publls
and,organlzatlons endorsing MBNA finandal pr
or servfcesl, and others (such as nonprollt QTgan
SubJect to applicable law, we may share all the
tlon we collect with these companies outside 0
uniess you tell us not to.
Additionally, we may shale all the Informatl'
collect with companies that perform marketln(
services on our behalf or to other nnanciallns
with whlc:h we have lolnt marketing agreemen
are also permitted by law to share Informatlo
you with other companies In certain c1rcumst
For instance, we may share all of the Informa
collect with companIes aS$lsting us In servid
loan or account, with companies that endors
products and services through affinity agreer
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WH.n iU'ICl HIIIl;H\ '=l\l.lyt:~ 1Il l'e::'1JUil~C \,U":;uupu'el1as 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 snare Information
In these additional circumstances.
Important Information About Your Choice: We're
dedicated to serving your needs - and to respecting .
your choices reiated to privacy. You may tell us not to
share credit ellglbillty Information within MBNA, and
you may tell us not to share Information with companies
outside of MBNA that wish to offer you their products
and services as described above. If you wish to opt
out of such Information sharing, please call toll-free
1-866-751-J255, We will ask you to verifyycur Identity
and the specific ac:counts to which the opt out applies,
so please have all your account, membership, or
reference numbers and your Social SecurItY. number .or,
Taxpayer Identiflc:atlon'number.for depOSit accounts
a';alIaele ':.:~eR ,e~ sail. .
MBNA aPPlies cpt outS,atttie'aCciiulrt level, not by"
Individual Customer, When any'pelSon'lIsted with ,others
on an a~unt opts outtfor examp!e;li:i:b-ap'pllcant, joint
accountl1older, or authoriied user), we'w\'UIISt the entire
account as having opted oul MBNA will continue to
adhere to its disclosed ,priYac:y.p~ices fOLaR account
even if it becomes Inactive or Is 'cloSed, ..
-,." ',.f
An, opt out fro:"": Infol'liiatlon sharing on'an account
as described above, 'elther wlthln'MBNA arid/or with
companies oullslde of MBNA. remains eflealve unless
revoked In writing, Federal regulations -require us to', '
provide th Is notice on an annual bllsls;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 atcount prevIously
opted out from either or both types, pf information sharing
(and not revoked in wrltlng) does not neB!l to be opted
out again.
This notIce u.pdates and replaces any previous
notices from MBNA about the privacy, security, and
protection of Information. For additional Information
regarding MBNA's:prlvacy:practlc:es:(!Cncemlng the '
Internet, and to view the most recent ver$lon of,thIs
privacy notice, please go to wwwmbna coni and click
on 'Privacy Notice." You may have other privacy pro-
tections under state laws: We may amend this privacy
notlce at any time, and we wllllntomi \(Ou,ot changes
as required by law. .
Words Used otten in Trill Agreement
'Aireemenr or 'Credlt Card Agreemenr means these
Additional Terms and Conditions and,the Required Federal ,
Oisclosures (or the Initial Disclosure! and any chan.es we
make to those documents from time to lime,
"You. and "your" mean each and all 01 the persons who are
iranted. accept or use an account we hold, "You and "your;'
also mean any other person who has iuaranteed payment 01
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this account, when used In the sections entitled. WI
Mo"ilar OM R..anl T"'pho", Coils, and Mltrotia.o"d Li,
and when used In 'each o/the seellons relating to pa
this account (Yaur Piami" ta Pau, and Haw W,AJioeol,1
Pau"".ts, for examplel. '
'"We," "us,", "our" and "MBNA America' mean MEN,
America Bank, N,A,
"Card" means all the credit carels we Issue to you a
any other person with authorization for use on this a
pursuant to this Aire.ment.
"Access cheek" means an access cheek we provide
make a Chl!Ck Cash Advance on l"'ur ac:eount
If we use a capitalized t.rm In this docum.nt but v
d.fln. the term In this document, the term has the m
aiven In the Required Federal DisdosurlS or the Inltl;
Disclosure, or as used In your monthly statement.
We use s.ctlon headings (such as, WOlds Un'! O{lI.m '
Ag,......IJ to o'rganl.. this Air.ement. The actualt.rms
Agreement are In the sentences that follow and not the J
Sign Your Card
VSJ:lsAeulel 511ft ~a.tl. ~Id L..E...,,'l: lOW" y~c: b..
, .
We May Monitor and Record Telephone
You consent to and authorl%e MBNAAmerfa, any,
affiliates, orllS marketing usodates to monitor andlc
any of your telephone conversations with our represel
or the representatives of any of those companies.
Credit Reporting Agencies
You auth::tu M6:lAAmerica to collect Infennatlon i
l"'U, Indudllli c:redlt reports from consumerreportln; a
If l"'U believe we ave furnished Inaccurate or Inc:or
Information about you or your account to a'credlt repc
aaeney, writ. us at: MBNA, Credit Reportln; Agendes,
Box 17054, Wllmln;ton. DE 19844-7054, Pleas.lnclue
name, address, home phone number, .nd ac:counl nUl
and explain whatl"'u believe Is Inaccurate or Ineompl
How to Use Your Account
You may obtain credit In the form of PUrclllSes and
Advances by usllli eards,.ac:c:ess cheeq"your account I
or other credit devices, Pleas. refer to l"'ur Required
Dfsclosures or Initial Dlsdosure to determine what tran,
constitute Purchases and Cash Advances and how y<l1J
obtain them,
,Transaction Date for Certain Cash Adv
The translctlon date for Check Cash Advences and
Transfers clerie by check Is the clate l"'U or the person
whom the chec:k is made payable first deposits or easl
check. The transaction date for I retumed payment II
Cash Advance) Is the date tlIat the corresponcllna poy
posted to your ac:count
Purposes for Using Your .Account .
You may use your account fer penonal, family, or he
purpose. You may not use l"'ur account for buslnes:
commercial purposes, You may not use I Check Cash
Advance, or any other Cash Advance. to make I ~ayrn
this or any other credit Icceunt with us, You may not I
perm It l"'ur lCCOunt to be used to make any ilIesal tn!
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, Persons UsIng Your Account
i
J II you permit any person to use your card, access checks,
,I account number, or other credit device with the authorltatlon
I to obtain credit on your account. you may be liable for al\
,; transactions made by that person indudlnll transactions lor
'J which you may not have intended to be liable. even If the amount
01 chose transactions causes yourcredlt'lImit to be rxceeded.
J Authorized users of this account may have the same aCCess
i to Information about the account and its users as the
I account holders,
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How You May Stop Payment
on an Access Cneck
You may request a stop payment on an access check by
providing us wlrh thneass 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 /rom the day that we place the stop payment
You May Not Postdate an Access Check
You may not Issue a postdated access check on your
account. If you do postdate an ac:<:ess check. we may elect to
thaI presented k to us lor payment, without In either case
waitlni for the date shown on the ao:ess check. W,e are not
liable to,you lor any loss or expenn Incurred by you arising
out of the aaion we elect to take. '
YOUr. Promise to Pay
You promise to pay us the amounts of all credit you
obtain. which Includes aU Purchas.. and Cash Advances,
"i You also promise tc:'l'ay us a} the amounts 01 finance cha'i!!S,
t fees, ~nd any other tra~c:tlons we ~ri" llilllnst !"ur ao:ount,
1 Payments' on Your Account
. You must pay each month at least the Tolal Minimum
l'oymant Due shown on your monthly statement by your
J Payment Due Oate. You may pay the entire amount you owe
'. us at any time, Payments made in any billlnll cyde that are
greater than the Tot.1 Minimum Payment Due will not aIIect
f your oblliallon to make the next Total Minimum Payment
, Due. II you overpay 0(11 there Is a credIt blllllce on your
account. we will not PlY Inte_ on such imounts. We will
J reject payments that ar.. not drawn In u.s. dolla.. and tbo.e
drawn on a financial InstItution loated outside of the United
States. Payment of your Total Minimum Payment Due may
. npt avoid the, assessment of Overllmlt Fees,
1 ,:~'tJ~r::~ment Will~e.C!"edited
j We credit payments ai of the date received, If the plyment
! Is: II) received by 2 p,m. (Eastern 11me): ~2) received at the
" address shown in the upper left.hand c:cmllr of the front o(
your monthly statement; i3l p.ld witb a check drawn in U.S,
i dollars on I U,S, f1nancrlal instltutlon or a U.s. dollar money
. orde~ and 141 sent in the return envelope with only the top
l.,portion of yoursCatement a=panyfnc it Payments
received a~er 2 p.m. on any clay Indudlni the Payment Oue
Oate, but'tbat otherwise meet the above requirements. will be
credited as of the next day. Credit for any other payments
'j may be delayed up to live days. :',
; How We Allocate Your Payments ..
i We wHlallocate your payments In the manner we determine,
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In IHU;:'~ 1I'-lI~.II'''''''. n... ""," ......_..... 1_'" fP-,...-..-.-
IIncludlne new transactions) with lower APRs before, b;i;~
with higher A?Rs. This will result In new balances with a
lower A?R (e.g.. those with promotional APR offers) beine
paid before any other e.lstlnll balances,
Promise to Pay Applies to All Persons
All persons who Initially or subsequently request. a"'e.
lIuarantee or use the account are Individually and tOiethe
responsible (or any total outstandlne balance. We may rei
to release from nabillty any person who Is responsIble to I
any total outstandlnll balance, until all of the cards. a<<es
checks, and other credit devices outstanding undef the
account have been returned to us, and any such person.or
persons repays us the total outstandlni balance owed to \
at any time under the terms of this Aireement.
!Waul!
You will be In default 01 thIs Aireement If: (II you fall to
make any required Total Minimum Payment Due by Its payrr
Due Oat., (21 your IOtal outstandlnll balance e:ceeeqs'your
credit IIml~ or 13) you fall to abide by any other tenn of this
Air<<ment Solely lor lhe purpos.. 01 determinIng eUilblllt
BRei Jarl!!miYFR plF/FF1IRt ~bltB1'~""'. ,,,.. f'h.. nptl""=J n-.rflt Tn
ana purchased IhroUllh MBNA. you will be deemed in dele
or delinquent II you fall to mak.. payment wilhln 9Il days c
your Paymenl Due Dale. Our failure tq exe~e any of our
riihts when you default does not mean that we an! unable t
exeldse tho$e rlihts upon laler default. '
When We Mall Require ImmedlateP.aym
If you are In default we can requIre Immediate paymen'
of your total ~:~tstand:,J balance and, unl..s prohibited '
appllcablelaw'snd Deept as otherwise provided unl:l,,! th
Ar&lrrall.. ..d LIUg.U.. seCllon 01 this Aireement, we can
also require you to pay Ihe costs we InQ,lrln anycoUecllc
proceedlns. a. well as reasonable attom.;y( fees II we ref
your account for collection to an attorney who la not our
salaried employee.
Other Pal/ment Terms
We can accept late payments. partial payments. or pall1
with any reslrlctlve wrltlnl wllhout loslns any of our rieh~
under this Aireement. This means that no payment. Ind.
these marked wllh 'Pald In Nil" or with any other restrlctl
words. shall operate as an accord and satisfaction with""
prior written approval or one 0\ our senior oRlcell, You m
not use a postdated check to make a paymenL If you do I
date a payment check. we may elect to honor It upon P'"
menl or return II uncredited 10 the person mott,pn!s.enll'
wlthoulln either case waltini lor the date shown on Ihe
chodc. We are not liable to you lor any leiss or expense'
Incurred by you arislnJ out of tlie action we elect to ta1<o
Pa!lment Holidays
We may allow you, frcm lime to lime. to omU a mont
payment. We will notify you when this oplfon lr avallab
If you oml\ a payment, "nana cbs'lles and any appll~
fees will accrue on your accounlln accordance with th~
Aireement. You must resume maldns your Total Minim
Paymenl Due eaelt month 'followllll a payment holldal't
TransactIons Made in Foreign Curren
If you make a transactIon in a lorelin currency, the ~
tion wlJl be converted by VIsa International or Maste~
Internatlonal,dependlnll on which card you use, Into I
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, -~...... ..".......... ," ....-.-........ ftl\ll UiQ ""'jol'l;'o\'1l1W 1t;IIUla~lQnS or
.f conversion procedu~s In eFfect at the time that the transactiol
"\ Is processed. Currently, those rellulatlons and procedures
i provide 'that the currency conversion rate tobe used Is elth"
t (I) a wholesale market rate or (2) aiovemment.mandated rat'
i In eflect one day prior to the processlni date. Increased by on.
J percent In each, ease. VIsa or Maste""rd retains this one percen
1 as compensation for performinll the currency conversion serv
I Ice, The currency conversion rate In errect on the precesslnt
J date may dlller Irom the rate In ellect on the transaction date
r or the postlni date.
~ B iTUn!! Cycle
J Your bllllna cyde ends each month on a Closinll Date
i determined by us" Each bllllnll cycle begins on the day after
I. the Closinll Date' ol,the prevlo.us blllinll cyde. Each stat~m'nt
renects a slnllle bllllni cyde. , '
. Account,Fees'ra~icFIIi'rges " . ,".' ':
" Account Fe..: The loll,owlni lees, which are set forth on you,
f Required Fede(al DisclOsure. or.lnltlal Olsdosur.. are diar,ed
'. 'as Furchases in the billlnicydeln.whlch the fees acc:r.Ue, .
. (I) ,a ,!.ate Fee II the Total MinImum Payment Due shown On
-1' ~~ur FAQR~l~' GtU.!lJIeAt Is f1et reeej~"ed 8)" .us eft er s!]e.rt I~
I Payment Du.. Oate;- ,.,
. ) (2) an everllmlt F..lr"your New. Balance Total..""eds iour
, 'credit limit on the.l~ day 01 a bllllni cycle. eyen If.lees,or
. : finance charses diarlleO: by-:us cause your Nri Billanco Total"
'; to exceedyourcr,dltllmlt an Overllmlt F..ls c:haried to your
, aeoount as 01 the day In the bllllni cycle that your total Ollt-
, ; .tandlni belan"" on your. account exceeds your cmllt limit;
(3) a Retumed FayinerirFee,1 a payment on'your iccount Is
:', retumed for Insul/l'~nt'fu~;lli or lor any other ....son, even If
, It Is'pald upon .ubs",(u.n! >>resentment; .
,: 141. Retumed Cash ^d-iari~e(:heck iee II we )..,lum In access
, j ~heci. unpaid for any rj!as,Ol). ~n Jlth~ ~e<;ess check Is paid.
; upon su"'equene PIOS<?ntnient, . '
, 15) a COFY Fee lor each <:cpy 01. monthly stltement or sales
. : draft, except th.t the six MOst re~ent monthly ~tllements and
, ' six sale. dralts w/ll be provIded lor free: and '
. ; (61 an Annual Fee If your ac;count Is ~pen or II you maIntain an
, ; ao:ount balance, whether.yoo ha:ve active char,ln, pllvlleies.
. or not. " I,
.: Atiandaned Propeit)' Cha....: Unl.... prohIbIted bjI applicable
; law, we will chalie your I~unt, as a l'uichase, lor any costs'
, ! Incurred bjI us associated with complyllli with state abandoned
i property laws. , '. " ,
. i Flease review your Required Fedeisl Dlscl,osum or Initial"
! Dlsdosurelor additional lees and charies that may apply to
I yourac:.count. . '.' " ." . ,'. . .
I~~U ' .
,I Ws mayofleryeu certaIn benell\S and services wltbyour
'I' account. Unless expressly macle a part of this Aimment any
I sudibeneflts or:services.,. not'i palt'af thIs Aireement but
'I' are suble<:! to the terms and rest~<:tIans outlined 10 the benefit!
I brochure and odrer oIlIdal documents pmvIded to JIOU from
time to time by or On behalf of MaNA' Amellea, We mey adjust,
I add, or delete benefits and servlces ,,!'any time and wltl10ut '
I notice to you.
I Refusal to HOllor Your Account'
, j We are not liable for any refusal to honor your a=unt .
II This can Include a ...rusel to honor your card or aOl:llUnt numbo
,lor any check written on your account. We Ire not lIeble lor
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any r~l~ntlon 01 your card by us, any other bank, or, any
provider of goods or services, ,
We May Suspend or Close Your ACCOUl
W~ may suspend or dose your account or otherwise t
nat. your right to use your actount. We may do this at,
time and for any reason. 'four oblIgations under this
Agre.ment continue even alter we have don~ this, You
destroy all cards, a<:<:ess <:hedcs or other credit devl<:es c
account when we request,
You May Close Your Account
You may dose your account by notifying us,ln writing
telephone. and destroying all carels, acee5.5 chec:lis or ot:
credit devices on th~ aceount. Your obligations under t~
Agre.ment continue even after you have.dOlOe this.
Transactions After.Your Account Is Clo
When your account Is closed, you must contact anyone
authori%ed to charge transactions to your a<<oUl1~ such.,
Intemet s.rvia: prcvld~,.. health elubs or IllSUrana: corn"
Thes. transactIons may <:cntinue' to be charsedto your
~"""""I"'" IIn""]!"'lJ ~h~nR~ th" bllllnlZ Also If we beneve
hav~ authorized a Iransactlon or are att.mptlns to use \
account aft., you hav~ r.quested to close the a<:<:cunt. '
may allow the transaction to be charged tO,your aceoun
We Mall Amend Tnis Agreement
We may amend this Airel!ll\ent at any tIm.. W. may
.menellt by adding. deleting. on:hanglng provision. 01
J\ileement. When we am~nd this Agroement we will co
with the .pllable !:,otlce requirements of lederal and.
Delaware l.iI that ale In efled: at that lime. If an amen,
fives you the opportunity to .reled: the chinse, and If yo,
the chanie In th~ manner provided In such amendment.
may termInate yo'ur rlikt to receIve creellt and may ask :
retum all credit devices IS a condition olyour relectlon
am~nded Agre~ment (Ineludln. any hlcher rale or otller
charses or Ie.., will apply to the total oUlstandins bai.
Indudlng the balance eld.~ni before the amenelment beca
e//eetlve. W. may replace your card with another card at ar
We May Sell Your Account
We may at any time, anel..lthout notice to you. sell.
or tra nsfer your account. any sums due on your a<:<:cun
Agreement. or our rights or abl/iatlons under your acel
thIs P1areem.nt to any pelSon or entity. The person Of
to whom we make any .u<:h sale. uslanment or transl.
be en~tledto all 01 our r1Shts and/or obligations unde,
Ai,eament, to the extent .old. ...Ianed or translerred,
Your Credit Limit
Your credit limit Is disclosed to you. ..hen you recel,
card and. ienerally. on ea<:h monthly s~tement We.
chanse your credit limit from tlma to time,
The ameunt shown on your monthly statement as (
Credit Avallabla does not take Into aeeou.t any, Purch;
cash !\CIlIancas. fil'llnca <:halles. lees, .ny other tranSl
or eredlts Vlhleh pOllt to your KCClunt alter the Closln!
01 that monthly statement. Such transactions could 1
your credit limit b~11li exceeded and result In the USI
olOverllmit F....
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, t;~~~ci Your Credit 'Limit
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:~ The total outstandini balance on younccounc plu..
;1 authorizations at any time must not be more than,~ur cred
~ limit. II you actempc a transaction which results In ~ur tot.
, outstandlni balance (pius-authorizations' exceedlnl your
~ endlt limIt. we may: (Il permit the transaction without raisin
your <:redlt limit: i2l permit the transaction and treat the
J amount 01 the transaction that is more than the credit limit
1, as immediately due: or i3) reluse to permit the tran.sactlon.
!. II we reluse to permJt the transaction. we may advise the
. person who .ttempted the transaction that It has betn reluse
.t
Jl we refuse to pemlt a Check Cash Advance or Balen""
. Tr.nsler, we may do so by advising the person presentini the
.,1 Check Cash Advance or Balance Transler that <:redlt has bee
t refused, that there .re lnsu(fldent lunds to p.y the Check
1 Cash Advance or Balance '!'ransIer, or In any other manner.
t llwe have prevlously permitted ~u to exceedyour.crtcltt 11m
.'j," lit does nOr t mlean dthatdwe wl11 permit you c~~ your c:redR
lmtt "ia n. I we ed. e to pemllC you to """""" }1)ur aodlt IIn'
we may challe an Ove/llmlt Fee as provided In this A;reement
Qllr Card
Please notify us Immediately of the loss. theft. or posslbl,
unauthorl%ed'.use 01 your ac:o:>untat 1-1100-421.2110,
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,~," You Must Notifv'Us When You
i Change Your Address '
We strive to keep ao:urate reoolds lor your benellt and OUrl
'Ille post ornca and othelll may notify us 01 a change to your
address, When '"'U chane your address, you must notlfy us
; promptly 01 your';;.w add,_
.: Wltat LAw .Applies
This Aireement Is made In Celaware and we extend cred
I to you from Delaware, This Aireement Is I_med by the
, i Jaws 0/ the State ot Delaware (without retard to lIS ""nfllct
'Ii laws principles) and by any appllcsbl.lederallaws,
: The Provisions 0'( This Agreement
i
,I are Severable I d
f 1/ any provlslon,of this Alireement Is lo~nd to be Inva I ,
'I the rem.'nlns provIsions ~U continue to be eff<<tlve.
" Our Rights .Continue .
Our failure or delaYln _relslnl any of our "Ihts under
this Aliroement does not mean that We ara unable to exe",
those rlahlS later.
Arbitration ,and Litigation
This Arbluatlon and Lltlptlon provision applies to you
unless you were iJven the opportunity to rejacl the Arbitral
and Lltllatlon provisions and you did so rejacl them In the
maMer and tlmeframe required. 1/ you did reject eftoc:tlvel
such a provision, you qreed !hit any I1tl..tlon brought by
qalnst ~s leiardlnl this aa:aunt or this Alireement shall t
broulht In a court located In the State 01 CelalYlte.
Any'dalm or dispute ('Clalm') by eltharyou or us a..I,
the other, or Ilalnst the employees. agenu or asslins 0/ I
other. Irlsllll from or relatlnlln any way to this Alireemel
any prior Alireement or your account (whether under I
statute, In contract. tort, or otherwise snd whether for mG
damsies, penalties or declaratory or equitable relle/}, Incl.
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LItigation Section or the valldlty of the entire Aar..ment 0
~ny prior Agreement, shall be resolved by binding arbltratl,
The arbitration shall be c:ondua:ed by the National Arbltrat
Forum ("NAF"l. under the Code of Procedure In effect at the tl
the Claim is flied. Rules and forms ol.the National Arbitrall01
Forum may be obtained and Claims may be Wed;lt any.Natk
Arbitration Forum oIRe!!, www orb-forum rom, or P,O, Box '0 I
Minneapolis, Minnesota 5540', teleph_l.8DO-1l74.2371. If
NAF Is unable or unwilllna to act as arbitrator, we may sui
stltute another nationally recOinlzed.lndependent arbltra,
oreanlzatlon, that uses a similar c:ode 01 proe!!dure, At YOU
wrleten request, we will advance any arbitration Rtina lee,
administrative and hearlnc lees which you ale required to
pay to pursue a Claim In arbitration. The arbitrator will
decIde who will be ultimately responsible lor paylr\i those
fe__. In no event w!ll you be required to relmbulSe us for
arbitration Rlln" administrative or heating fees In an amo
areater than what your court costs would have been if the
Claim had been resolved In a state C:OUI'l with lutisdiaion.
Any arbitration hearlna at which you appe,r.wil! take, ~Ia",
within the I~eralludlclal district thatln~iud,s your bllllnl
addres. at the time the Claim Is med, This arbltra~on aar
1I1C:1ll.1~ IIleldc joIu'~lJCllIllu G UGI\;lI.",tI\orH h.....t,hl..;hl'l;Ohll41
commerce and shan be iov.med by the F.d~1 Aibltratlc
Act. 9 U.s,C, ~t J.l61"FMj. 'udement upon all! atbltra~
award may be entered In any c:ourt havlnc lurisdtCdon. The
arbItrator shall follow exlst/ni substantlve la.,.. to the ext.ent
conslstentwlth the FAA and applicable statute. olllmitatlo,
and shall honor any dalms or prlvl1eeo rec:oanlled'by law, ~
party /equ"lS. the arbitrator .hall write an oplnlon,a:lntaln
the I'OSsons lor the award,
No Claim ~}omitteC!tO arbitration Is heard by a jury ar
no ClaIm may b. brousht IS a class action or as a prlvatl
attomey lenera/. You do not have the nsht \0 act a. a cl,
representative or participate as a member 01 a class of
dalmants with respeclto any Claim. 'thIs Arbitration an.
Litlaatlon Section applies to all Claims nO'/lln existence
that may arise In the luture. '
This Arbltrallon and Utl,ation. Section shall sulvivo to
terminatIon 01 your account with us as well as any volun
payment. of thedel?t In lull by you, any bankruptcy by yo
sale 01 the debt by us, .. '
, For the purposes of this Arbitration and lJtlSlrton Se
'we' and "\Is- means MaNA America !lank, N.A.. Its pare
sub5ldlarles. amllat.., llcenseu predecessors. success,
aplins. and any purchaser 01 your account"an" all 0111
olne."" dlrKlol'S, employees. acents aiu:lasslins or an:
all 01 them, AddItionally: "We" or...... shall mean any tt
party provldll1f benefits. services. or l'fOducts In tonne'
with the account (Indudlnc but not limited to credit bu
merchants that accept any credit devlce Issued urider II
ao:ount. toWards or enrollment services. ctedlt'lnsuran'
companl.., debt <:clleclors and all 01 their oIflcelS, dl",
employees and aaen!Sllf. and only If. such a third part
named by you as a co-defendant In any C141!Tl you ass.
aplnst us,
lI.ny po'rt oIth~ Arbitration ind Ut1aatlon Section
found to be Invalld or unenforceable under any law or
consistent with the FAA, the remainder of this Arbitral
(.1t(llation Section shall be enforceable without. reprd
Invalidity or unenforceablllty. .
TH e: RESULT OF THIS ARBITRATION AOREEiIIl!:NT
EXCEPT AS PROVlOEO ABOVE, Cl.AlMS CANNOT BE
CATED IN COURT. INCl.UOINO SOME C!.AIMS THAT'
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! fAS PRfYATt:AT1V~I""'1 ""l;,I"~(V't,l"jn"'I'''''''',''
I ,
1 iCREDlT INSURANCE BENEFITS,
J (LiMITATIONS, COSTS & EXCLUSIONS
1 'CONSUMER PROTECTION,DISCl.OSURES ' ,.
j iCREPIT INSURANCE IS. NOT A DJ::POSIT:'NOT FDIC-
. 'INSURED, NOT INSURED BY ANY FEDERAL GOVERNMENT
i iAGENCY;,AND N~T GUARANf.EED BY THE BAN~" . ,
j !PURCHASE'OF CREDIT INSURANCE IS NOT,A CONDITION
I ! OF OBTAINING CREDIT. IF COVERAGE IS DESIREO. IT
1 ,MAY BE PURCHASED ELSEWHERE.
1 ' Credit lnsur.nce pays xour minimum monthly payment.
t. I up to your balance on the aate of, leis. Inot to exceed 525,000,
!except dlsabIllty In MNJ. until 'you return to work" If you are
o involuntarily unemployed.lQllIJJ:t dl.ablea. or If you or your
I spouse takes covued family leave: Credllln.ura'ncealso
l)lay, your Insured outstandlnl'balance up to the least of your
I outstandlni balance, your credit limIt (nOC AI.. AZ, AR. ~c:.
DC. 10, IL.lA. LA. MO, MN, MS, NY. NO, Oli, OK. Ruse...rr.
'WA, WV $. \WI. or S2MOO jf you die, ' , , '
, Ellalbllltv. One insured per account (Insured must' be the'
Ipnmaryca '. , '
eUilble). under ate 66 (70 In AZ', NV &- VA; 71 In FL;GA;MI.
MO &.OK, 12 In NM). ,Yourcoveraie ends at these .am..,es
'[{except family leave In AZ..FL S. SO &. unemployment). Whlln
'enrolled. ce1lIflates will be mailed uplalnlni yOur coverage
&. effective date, In MN. Unemployment coveraielnffective
16\ clays from your certificate efle<tlve date, For unempbiment
or,famlly leave benellts, ycu mUst"beialnfullyemployeCl'
worklnc at least 30 hrsiwl< (not sell~mplQyed oran llidepenclllnl
1 ccntracrorl fcr 90 COJJKtltlv<',,:fays bi!rore the date of Iou '
1CO . belore application datel. CPA - on the date of Iessl.
(Tl( . before,coverail efleCllve date'fcr unemployment),
~mployees 01 professional Cl:ll]:lOratlons may be eUclble.
I Cowra.... ,& BenefltR~ Credlt"lnsurance covers: your
'death, Invo!untary'unemplcymenl due talob Ics.. &oneral
i .trlke. unionized labor dlapute; or 10000~itotal disability due
I to slcknes. or inlury If yeu are unable to perform the materl.1
: &0 substantial dutles,ol your Job (or any lob .lter 12 mea,ln
I PAriS mes, In AI., 1\/., AR.,CA. DE, DC. GA. HI.IO,IL, IA. KS.
ll.A. MD. MN. MS, NV.:N/;:ND. OH. OK, RI, SO. TN. VT. WA, WV,
I WI (. ,\WI. your or your spouse's unpaid leave 01 absence
from employment due to are 01 your newborn or newly edopted
child or an incapadlated Immediate family member ,(ml/st be
I spcuse, child, stepchild or parent In AKI: mandatory recall to
! active military duty; jury duty III!XCOPt In IlK); or residence In
i a federally declared dIsaster ,area, t.oss (not death ),must
I continue at least 30 days bero'", benefits .beiln. In NY. fOf.,
: strike..unlcnlzed labor disputes (. lacI<outs. you,must be,
I unemployed far 7 consecutive weeks .. qualify far state unem.
I' plbyment benefits belore benehts boiln. A dally benllftt Is
pald'for each day of loss over 3D days lqr unempl~lInt Iii
i NY .. PA. and disability In Cl" c:T, GA. NY. MI. PIi. RI &. SC:.
i You may ancel this coveraie at any time. If canceled within
lithe first 30 days of coverqe, all premiums will be refunded,
,; bela.lons. Will suldde.lri the first 6 mcnths~r,cayeraie
1 ! (not MD &0 MOl, Invo,luntalY Unemployment: retirement.
,reslillatlcn, voluntary lorfelture 01 Income or fob loss pue to
iwlllful or almln.i misconduct, disability. stltkes In'It.;mllltar
, 'I dlscha!ie In NY r, normal seasonal unemplcym..,t In"I'X.
Olsablllty: normal prllinancy or childbirth {not CA. MA r, N't:
I Intentionally sell.lnfll~d Injuries Inol MOl. or a pre-exlstini
medical condition durlnll n!Sl6 month. of coverOle Inot Nil
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recelvfog unemployment cenent5 Qr .1'= Uli:IIQWIII;.""'.
This Is only a brlel,descrlptlon of coveraie. and coverallE
vary by state. Plean reler to your certificates for a full
explanation 01 eoveraie, .
CMts aer sroo cer Month C)f AVl!nt.le Dally 'Balan~!!l .
Costs apply to Life (LI, DI,ablllty (0), Unemployment IU) &
famlly Leave (F'): AL 54,'e: AK 18e: J.:l99.9e; AR 9ge; CA
89.ge: CO 50,66<, CT 42.11ge;,OE 99,ge; DC 99.ge: fL 89c, CiA
9O.8e: HI 89,9Ic: 10 99.5c IL s:k 0 16.ge, U 54e, nOel: II.
80.97c: IN %C;.lA 97.8e IL 7:k, 0 16.6c, U 54e, nOel: KS
85.41c, KY 97Ae: LA 99,93e: ME 53,05erMO 79.74e: MA 15,1
MI85.7e; MN 31.47e: MS 9~.'e; MO 6l.ie: MT93.9c: NE
95.8e: NY 99.81e: NH 95e: NI 97e: NM 58,ge: NY 'Be (L8.a
o 26.8e, U 16.gel: NC 71.3c: NO 94,97e: OH 99.9<:: OK 97.47,
OR 80.8e: PA 38.le: PR 9ge', RI99,8e: SC 78.Se: SO 99.ge: TN
92.5e: TX 3S.7e (L 4,8e. 0 12,ge, U 16c1: UT90,44C; VI' 34.92,
(L6,68c, D 12.24C, f 16e/: VA 84e (L 6.1e. 0 a.ge. U 49c. F
2OCl: WA 89.3ge: WV 99,5C: WI 93.6e (L ',7c, D 8,ge. U 59c, !
20CI & WY 99.7c.
Avallabllltv: Involuntary Unemployment Is not available
MA or Vi: family Leave Is not avaIlable In A!., CT. MA. MO,
MN. NM. NY, PA. or TX.
Undt!lrWrltln. C:omn81'1IM1PDIle'fo Invtlluntary
Unemployment: American Securlty/l.Ol(5I85).1.01 NY(3/93)
AS 1.011'X( 11/99), l.OIC'IP-I<S(2I961. LOlCoIP.cRS.MEI5I8l)
and LOIC.IP: St.ndard CuarantylSCi 1.01 (5185) (NH only).
We & Disability; Union Securtty UfeIL-l.Z, vs.a In At.. JZ.
AR. CE. 0<:, ID. II., lA. !Cli. LA. MD, MN. M$, NV, NO,OH. 01
RI. SD. vr,.WA. WV & WY: Standard Cuaranty WIa IT:< on!yjl
L.l.Z(8192113,531lA). First Fortls ute (NY UIa onlyl/NYLMlIO
American Sac:urltv (NY Dlsablllty only/IW.5:-A. Fortis
Insurance (Me: <~lyyu.K; \, Family Leave, American
, Sac:urltylFl.P (4197.1. F1J>.F!.IJ 2197) In Fl.. FLP.NC (3198/ln ~
FU'-QK(4197) In OK. FLP,VAl2l9811n VA. FL-IPIAZI(7198)In
AZ Fl.-lP(4I97) In il. & IN. FI.-IP-KS (l2l97) In KS, FI..JP.ME
(4199) In ME: FL-IP.WV(4I91)In 'NY; Standard Cu.rantvlFl.P
(4197) In NH: Union Security UIalFLP.Vl"(4I97') In vr. SOlid!
allents for MississippI .nd Florida are Charles 101, Cordon 81
Pamela Curtla respectively.
The creditor may receive compensation In <ann.cllon w
this offer.
It Is a crime to provide false or mlsleadl", Information to
Insurer for the purpose of delraudlnc the Insurer or any oth.
person. Penalties Indude Imp1Isonmont and/or Bnas, In addll
an Insurer may deny Insurance benefits If raise InformatiOn
. marerially related to a dalm was provided by the applicant
'Less past due and over CIedlt limit amounts, In MJ. co
aile palS 5% of the balance on your date of disability up t
$1250. In OR. c:overallepaysthe,ifUterof 1136th of the b
ance or the current minimum payment due on your date'
lo.s. In NY l> PA. covar8le pays the minimum payment Ii
on your date of loss. In TX. covellie pays the areatal' of e
your Insured outstandlnl balance on your date 01 unemp
ment or your minimum monthly payment
"'!'he number of monthly benefit paym8l1ts will not exc:ee<
for family leave: 12 for unemployment In A1., AA. CT,IL. MI
MO, NM, NC. NY. PA.SC&TX; 12 fordlsablllty In M.CO.'
Fl.. KY. MA. MO, MT. Nt NH, NM, NC. OR. sc. UT & VA.
NY, NI & TX Residents 01I1yt 'lb purthasa coveraies .epa
Wllte to Assurant Croup, Po 0, Bo:c '03", Atlanta, GA 3030:
Applications will be sent to you.
,J
I
12
EXHIBIT "B"
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IQ ~ver. ~il on lion as 10811 IIII1l1 Ji~ ilrstsnce or~may 811
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. EXHIBIT. .
'131
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ALL.STAne INTONATIONAL
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ForNI' . ses of this Arbltrallon Secllon. 'we' m 'Us' meanS1MSNAandAm .rica BlInk, N1A Imp
~~1 S1rargr:,ficensses,~recr"~.~ar;..t~~~ a~'~cf Q\lr~
cr'ilS" rnean~.e!m'~rselong ,S~~~~~ eonnecllonWi ~
IlnCllldin\l:tllmJledl CreditJl4le2U1,m talnat~ii1Y.q~ HleVicSb$Ued\i1\ t
account Of8!1(Q1 ent~MC84,~ Inual)l:9~8$, (collecto~~all Ill-
Cffi~eli ol'!L,,~=nlSlllj ,ll1d~l!~filiecrml'dt m'S namJriallilnu aSJ ·
~0UfS' ~~W you or.nu~rclv~bvustl/US: e~~ ~I.ldln~ut~~f~
paraons or entitles ~gc~y QQ1lgitGS'Qn tl'l, account ano all autho~il usat$ o~ ltle account
If any pallof this AIbllliillon sectlqn is founq to b4lnvalld or unenlPrceabfe un~ anY law or statu'
COI1Shn~t.ei1l With the FM.lhe rwI1'Ilndar of thiS Mlltration sacHoll shall b, enforceabre Wlfllovt r<g
sue lIwajldityor~llY.
~Jg~~~~~~~~A~N~~.~~WJ~i~&!~~&~j:J
IfvoudonDtwlsh m,~qjIlltt9.gu th~ISM~OI/I~.~mustwrite tOIJt,.. tlJI
.' ca'f.':p.BalCt~~'1 n, S( a I/Oi' It OlJr.n~.iqwrel'l:
erall"~ $. 0lJ dOncu~ndr ~ltllInot
",yo~lfltIrjat~~:: '1 anusrylf,1f8ao YoUJ:n~:tion .f'.41l
viii notl/uttiK:iive. '
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EXHIBIT "C"
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4043
NOTICE OF ARBITRATION
Dear Respondent,
AN ARBITRATION CLAIM HAS BEEN FILED AGAINST YOU.
Enclosed and served upon you is the Initial Claim. You may obtain a copy of the Code of Procedure,
without cost, from the Claimant or from the Forum at WWW.ARBITRATION-FORUM.COM or
800/474-2371.
IF YOU DO NOT SERVE THE CLAIMANT AND FILE WITH THE FORUM A WRITTEN
RESPONSE, AN AWARD MAY BE ENTERED AGAINST YOU. AN ARBITRATION AWARD
MAY BE ENFORCED IN COURT AS A CIVIL JUDGMENT.
YOU HAVE THIRTY (30) DAYS TO RESPOND FROM RECEIPT OF SERVICE.
You have a number of options at this time. You may:
1. Submit a written Response to the Claim, stating your reply and defenses to the Claim, together
with documents supporting your position. Your Response must be served on the Claimant and
filed with the Forum. Read Forum Code of Procedure Rule 13. A Counter Claim, Cross-claim
or Third Party Claim may also be served and filed, and accompanied by the fee as provided in
the Fee Schedule. Forms for such Response and Claims may be obtained from the Forum. If
you fail to respond in writing to the Claim, an Award may be entered against you and in favor
of the Claimant and you will lose your case.
2. Demand a Document Hearing or a Participatory Hearing. You may request a Hearing in your
Response or in a separate writing. Unless you have agreed otherwise, an In-person
Participatory Hearing will be held in the Judicial District where you reside or do business. You
may also request a hearing on-line or by telephone. Your written Request for a Hearing must
be filed with the Forum. You must also serve a copy of your Request on the Claimant and any
other Parties. Read Forum Code of Procedure Rules 2S and 26.
3. Have other options. You may seek the advice of an attorney or any person who may assist you
regarding this arbitration. You should seek this advice prompjly so that your Response can be
served and filed within the time required by the Code of Procedure. If you have any questions
or need help in responding, you may contact the Forum.
The Forum is an independent and impartial arbitration organization, which does not give legal advice
or represent parties. THIS SUMMARY IS NOT A SUBSTITUTE FOR READING AND
UNDERSTANDING THE CODE OF PROCEDURE WHICH GOVERNS THIS ARBITRATION.
The Forum
P.O. Box 50191
Minneapolis USA 55405-0191
(651) 631-1105 (800) 474.2371
info@arb-forum.com
ARBITRATION-FORUM. COM
234A
NAFCLSINAF3
.. t J ~
4041
IN THE
NATIONAL ARBITRATION FORUM
CLAIM
MBNA America Bank, N.A.
C/o Wolpoff &. Abramson, LL.P.
Attorneys in the Practice of Debt Collection
Two Irvington Cenlre
702 King Farm Blvd.
Rockville, MD 20850
CLAIMANT,
RE:
Forum File Number: FA0311000207498
Claimant File Number: 0112572890
AcCOWlt No.: 4313080999824762
Card member Agreement Type: NEA90
Rachel M Cooper
4008 Dartmoor Dr
Mechanicsburg P A 17050-2193
RESPONDENT(S),
For a Claim against Respondent(s), Claimant staleS:
1. By way of C(\lItraCl and nse of the credit account at issne, Respondenl(s) became bound by the terms of a credit agreement
(hereinafter the "Agreement"), which is attached hereto and incorponted herein by reference.
2. Respondent(s) is/u:e in default nnder the terms of the Agreement and is/are now indebted to Claimant in the amonnt of
$3032.56 ,as reflected in the attached account summary, plus interest of$46.36 as of the date of filing. and at
6.00% thereafter.
3. Despite repeated demands for payment, Respondent(s) has/have not paid the amounts due.
4. Claimant requests an Award for the amonnts reflected in Paragraph 2, pins all arbitration fees incnrred, Process of Service
fees and Attorney Fees of $454.88 , if allowed by law, eqnaling of the outstanding principal balance.
5. The auached Agreement conrains a Delawu:e choice ofla", provision and a provision for "reasonable" attorney fees.
Delaware law specifically provides that an attorney fee may be awarded in an amount up to 20% on IUl unpaid claim if
allowed by law. ~ 10 Del. Code See. 3912 (Pleading &: Practice).
6. The attached Agreement contains a mandatory arbitration provision under lbe Rules of the National Arbitration Forum
("NAF').
The nndersigned counsel for Claimant asserts, nnder penalty ofpctjury,lbat the infonnation contained in this Claim and
the snpporting documents attached hereto are accurate based npon information provided by Claimant to the undersigned counsel.
WOLPOFF &. ABRAMSON, L.L.P.
Altorney. in the Practice of Debt Collection
By:
Ronald M. Abramson, Esq. (MD, DC, MA) Connell A. Loftus, Esq. (VA, WV, DC)
Barry E. Gordon, Esq. (MD, DC) Matthew P. Linkie, Esq. (MD, DC, VA)
Ronald S. Canter, Esq. (MD, DC) Jennifer L. Anthony, Esq. (MD)
Neal J. Levitsky (DE) - Local Counsel Kelly E. MacBeth, Esq. (MD)
Counsel for the Claimant
If Respondent or ""uud wishes to COlltaet Claimant, please ...u or write:
PlU'lllogal Department
Wolpolr &: Abramsoll, LLP.
Two ImD8loD Centre
702 King Farm Blvd., 5th Floor
Roekvillc, MD 20850
1-800-830-2793
NAFCLMlNAF3 234A
.
,
J 1~~l8~17lllX (
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
(/
MBNA AMERICA BANK, N.A.,
Plaintiff
NO. 043616
vs.
CIVIL ACTION - LAW
RACHEL M COOPER,
Defendant
RUl"g
AND NOW, this jfj!:f day of~ _
, 2004, upon the
consideration of the foregoing Petition to Confirm Arbitration Award, it is ORDERED that
the parties to this action show cause, if any they have, why this Motion should not be
granted.
RULE RETURNABLE /6 days from the date of service hereof.
BY THE COURT:
It ~ ~- 7 ;5. i3"JPj
I I Judge
rFlue CO
In r_-.. PY FROM ItS
~ the...~, I herellnto.COAU
rh~ ""~ II saJc1 Court ill ~ II'Iy hellQ
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VERIFICATION
The undersigned hereby states that he/she is the attorney for lhe Plaintiff, MBNA
America Bank, N.A., who is located outside of this jurisdiction and in order to file the
within document in an expedient and timely manner, he/she is authorized to take this
verification on behalf of said Plaintiff in the within action and verifies lhat the statements
made in the foregoing Motion are true and correct to the best of his/her knowledge,
information, and belief, based upon informalion 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 10 unsworn falsification to authorities.
Date: F::131t. 2ca5
,
J~L fw~~h
Amy F. DOYlejsquire
1D No. 87062
Philip C. Warholic, Esquire
1D No. 86341
Daniel F. Wolfson, Esquire
ID No. 20617
Wolpoff & Abramson, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
Counsel for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
NO. 043616
vs.
CIVIL ACTION - LAW
RACHEL M. COOPER,
Defendanl
CERTIFICATE OF SERVICE
The undersigned does hereby certify that I served a copy of the foregoing Motion
to Make Rule Absolute upon counsel for Defendant, by First Class Mail, Postage Pre-
Paid, a copy thereof on this /! day of FE.f3RLN!! ,2005, to:
.
Rachel M. Cooper
4008 Dartmoor Drive
Mechanicsburg, P A 17050
Amy. le,E
ID No. 87062
Philip C. Warholic, Esquire
ID No. 86341
Daniel F. Wolfson, Esquire
ID No. 20617
Wolpoff & Abramson, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
Counsel for Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
NO. 043616
vs.
CIVIL ACTION - LAW
RACHEL M COOPER
Defendant
CERTIFICATE OF SERVICE
I, Philip C. Warholic, Esquire, do hereby certify that I served a copy of the Rule to show
cause, upon the Defendant by First Class Mail, Poslage Pre-Paid, a copy thereof on this _ day
of February, 2005, to:
Rachel M Cooper
4008 Dartmoor Dr.
Mechanicsburg, P A 17050
f
Amy F. Doyle,
ID No. 87062
Philip C. Warholic, Esquire
ID No. 86341
WOLPOFF & ABRAMSON, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plainliff
NO. 043616
vs.
CIVIL ACTION - W
RACHEL M. COOPER,
Defendant
ORDER
AND NOW, TO WIT, v1.---Qay of
w:?- ,-
, 2005, upon
..............
consideration of the foregoing Motion, and Defendant/Respondent hav' g failed to show
cause as ordered by this Court, it is hereby ordered and decreed that ju gment is entered
in favor of Plainliff and against Defendant/Respondenl in the amount 0 Three Thousand
Seven Hundred Sevenly-Eight and 40/100 ($3,778.40) Dollars.
BY THE COURT:
/
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
NO. 043616
vs.
CIVIL ACTION - LAW
~CHEL M. COOPER,
Defendant
CERTIFICATE OF SERVICE
I, Amy F. Doyle, Esquire, do hereby cerlify that I served a copy of the Order upon the
Defendant by First Class Mail, Postage Pre-Paid, a copy thereof on this 28th day of March, 2005,
to:
RACHEL COOPER
4008 DARTMOOR DR
MECHANICSBURG, PA 17050
Amy . Do)) e
10 No. 870 V
Philip C. arholic, Esquire
10 No. 86341
WOLPOFF & ABRAMSON, LLP
Attorneys in the Practice of Debt Collection
267 East Market Streel
York, PA 17403
(717) 846-1252
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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
NO. 043616
:
Plaintiff
vs.
RACHEL M COOPER
Defendant (s)
PRAECIPE FOR JUDGMENT
Mr./Ms. Clerk:
Please enter Judgment in favor of Plaintiff and against Defendant(s),
RACHEL M COOPER and
pursuant to the ORDER OF COURT
Amount due $ 3778.40J
Interest $
Attorney's Commission $
Filing costs $ 102.12
TOTAL $ 3880.52, plus interest
( X) I certify that the foregoing assessment of damages
amounts alleged to be due in the complaint and is calculable as
the complaint.
( X) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or
decree), I certify that a copy of this praecipe has been mailed to each other party
who has appeared in the action or to his/her Attorney of Record.
( ) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the
intention to file this praecipe was mailed or delivered to the party against whom
judgment is to be entered and to his/her Attorney of Record, if any, after the
default occurred and at least ten days prior to the date of the filing of this
praecipe and a copy of the notice is attached.
( X )
and costs
is for specified
a sum certain from
NOW, fYld( } /
Signature: (.
Amy . Doy #87062
Daniel F. lfson #20617
Bruce H. erkis #18837
Philip C. Warholic #86341
Ronald M. Abramson #94266
Ronald S. Canter #94000
Donald P. Shiffer #89451
Andrew C. Spears #87737
WOLPOFF & ABRAMSON, L.L.P. / Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
267 East Market St., York, PA 17403
(717) 846-1252
, 20~, JUDGMENT IS ENTERED AS
DATE: ') - '1- ()?
Prothonotary/Clerk, Civil Slon
~: ~()'1.D -V .7714'*-.1' I
Deputy
PRAEC2/PANOJ
W&A FILE NO. 112572890
.
FEB 1 7 2005(
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BAN~ ~.A., : NO. 04361([liS 1- d-SiO)
Plamtiff
vs.
CIVIL ACTION - IA W
RACHEL M. COOPER,
Defendant
AND NOW, TO WIT, ~ day of
,2005,upon
consideration of the foregoing Motion, and Defendant/Respon nt having failed to show
cause as ordered by this Court, it is hereby ordered and decreed that judgment is entered
in favor of Plaintiff and against Defendant/Respondent in the amount of Three Thousand
Seven Hundred Seventy-Eight and 40/100 ($3,778.40) Dollars.
BY THE COURT:
J.
<
IN THE COURT OF COMMON PLEAS OF
CUMBERlAND COUNTY, PENNSYLVANIA
C'I
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MBNA AMERICA BANK, N.A.,
Plaintiff
NO. 043616
" '
("'.,
vs.
CIVIL ACTION - LAW
l~,~l
RACHEL M. COOPER,
Defendant
-i
r,n
\..',)
MOTION TO MAKE RULE ABSOLUTE
TO TIffi HONORABLE, TIffi JUDGES OF TIffi SAID COURT:
AND NOW this -LL day of r E,gf,1..::lO"\R.-"1 , 2005, comes the Movant,
MBNA America Bank, N.A., by and through its attorneys, and the law firm of Wolpoff &
Abramson, L.L.P., and files this Motion to Make Rule Absolute of which the following is
a statement:
1. A Petition to Confirm Arbitration Award Pursuant to 42 Pa.C.SA. Section
7313 was filed on or about October 27, 2004, requesting that a Rule be issued ordering
the parties to this action to show cause, if any they had, as to why said Petition should not
be granted. A true and correct copy of said Petition is attached as Exhibit "A" and
", incorporateU'hereitrbyreferencethereto,~"""""'" "
'_._...".L~'.-_'~___~~'~___"~'~""__T.~~_V___~____,...~"",,"__~~~_.___._
2. Pursuant to the issued Rule, dated November 19, 2004, Defendant was
provided with fifteen (15) days from the date of service of said Rule, by this Honorable
Court, in which to respond. A true and correct copy of said Rule is attached hereto,
incorporated herein and marked as Exhibit "B".
3. That said Rule was forwarded to Defendant on or about December 1, 2004,
and was received by Defendant as evidenced by the Certificate of Service which was
filed with the Court.
4. That Defendant has failed to respond to the aforementioned Rule directing
Defendant to show cause why the relief requested in Plaintiff's Petition to Confirm
Arbitration Award should not be granted.
WHEREFORE, Plaintiff/Movant, MBNA America Bank, N.A., requests that this
Honorable Court make the aforementioned Rule absolute, and execute an Order entering
judgment in favor of Plaintiff and against Defendant in the amount of Three Thousand
Seven Hundred Seventy-Eight and 40/100 ($3,778.40) Dollars.
Respectfully submitted,
fr{~ e LJ..LI.i-
Amy . Doyle, uire .
ill No. 87062
Philip C. Warholic, Esquire
ill No. 86341
Daniel F. Wolfson, Esquire
ill No. 20617
Wolpoff & Abramson, LLP
. ~-..Att~meys4n41ie.p..factice.QfDebt-Col1ect.ion.
267 East Market Street
York, PA 17403
(717) 846.1252
Counsel for Plaintiff
-^--~'.'------.~--..--.-..-~--..- --
,
EXHIBIT "A"
.
.
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MaNA AMERICA BANK, N.A.,
Plaintiff
NO. 043616
vs.
CIVIL ACTION - LAW
RACHEL M COOPER,
Defendant
.
. .
RULE
AND NOW, this
day of
. 2004, upon consideration c
the within Plaintiffs Petition to Confirm Foreign Arbitration Award, a hearing shall be
scheduled in the above captioned action for the day of
20_, at
a.m./p.m., In Court Room Number _ of the CUMBERLANC
County Court House.
BY THE COURT:
,
~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, NA.
Plaintiff
NO. 043616
vs.
CIVIL ACTION. LAW
RACHEL M COOPER,
Defendant
ORDEB.
AND NOW, this
day of
,200 ,upon considera:
- .
of Plaintiff's Petition to Confirm Arbitration Award, it is hereby ORDERED that Plain
Arbitration Award is confirmed, pursuant to 42 Pa.C.SA !7313. and that judgment
entered in favor of Plaintiff and against Defendant In the amount of Three Thousan
Seven Hundred Seventy-Eight and 401100 ($3,778.40) Dollars.
'-~-~.., ~'"~"-.' '.'~"'_'C___. . _ ."
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BY THE COURT:
,
.
,
IN THE COURT OF COMMON PLEAS OF .
CUMBERLAND COUNTY. PENNSYLVANIA
MBNA AMERICA BANK, NA,
Plaintiff
NO. 043616
vs.
CIVIL ACTION - LAW
'.-..-_..' ~:; 0
:~ -n
RACHEL M COOPER, c' .....
.-'-" C:) :-r....,.
Defendant '0 n1r
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P~'NTIfF'S PETJTION TO CONFIRM ~~:~i. ~~f~!
ARBITRATION AWARD PURSUAtf(TQ 4~ Pa.C.S.A. !i~13':::' .~
..., -
AND NOW, TOWIT, this ~ day of ~ ha.-, 2004, comes the
Plaintiff, MBNA America Bank, N.A., by and through its attorneys and the law finn c
Wolpaff & Abramson, LLP. and flies the following Petition to Confirm Arbitration Aw
and In support avers as follows:
1. Plaintiff/Petitioner, MBNA America Bank, NA, lsa Delaware corport
-----~-.~-~. -."--doing_busioe$~_Yt!!bll)J!le Commonwealth of Pennsylvania, and the other states 01
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United States, with its principal place of business situated at P.O. Box 15718,
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Wilmington, Delaware 19850.
2. Defendant/Respondent, RACHEL M COOPER,ls an adult Individuf
a last known address of 4008 Dartmoor Drive, Mechanlcsburg, CUMBERLAND (
PA 17052.
3. That pursuant to the Credit Card Agreement Additional Terms and
Conditions, which Defendant/Respondent received when Plaintiff/Petitioner issL
Defendant/Respondent an open end credit carel account, the parties agreed thE
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matter be referred to Arbitration in the event of any claim and/or dispute If the accounl
referred to collection. A true and correct copy of said Credit Card Agreement Additior
Terms and Conditions is attached hereto, incorporated herein and marked as Exhibit
"A".
4, That in early 1999, Plaintiff/Petitioner forwarded to Defendant/Respondl
a document titled, "Important Amendments To Your Credit Card Agreement." A true
and correct copy of said document is attached hereto, incorporated herein and marke
as Exhibit "B",
5. That said document again provided Defendant/Respondent with details
the Arbitration clause, pertaining to Defendant/Respondent's open end credit care
account, in the event of any claim and/or dispute If said account is referred to collecti
and further afforded Defendant/Respondent until January 25, 2000, to notify
PlaintlfflPetitioner by written correspondence that Defendant/Respondentdld not wis
for Defendant/ Respondent's account to be subject to said Arbitration Section. See
.~. _,..u."~_"_"'__.__.~_.~._.""".' '...., ~_._".~.___ _.._T"""_ .._~~_"__"_.~'..'__C_ '___.__._'~'___=~'_""_ ._ ~'._"_~_ _____._.._' _....___.~..___~.~'..__.,__~__."._<_._.--,~_'___~~____"_.T_~_ ","------..~--_."._-~--~.--~-
Exhibit "B" as previously identified and incorporated herein.
6. That Defendant/Respondent did not forward any written correspondenl
to Plaintlff/Petitioner by January 25, 2000, in order to opt out of the Arbitration proce:
and therefore PlaintlfflPetitioner properly referred this matter to the National Arbitrati
Forum pursuant to the Arbitration Section of Defendant/Respondent's open end cree
card account, when Defendant/Respondent defaulted under the terms of the
aforementioned open end credit card Agreement.
7. . That the National Arbitration Forum then forwarded to Defendant/
Respondent a Notice of Arbitration and Arbitration Claim form, and said documents
explained DefendantlRespondenfs rights and options pursuant to the Arbitration
process. A true and correct copy of Notice of Arbitration and Arbitration Claim form
attached hereto, incorporated herein and marked as Exhibit "Co.
8. That due to the fact that Defendant/Respondent did not provided a wri
response to the National Arbitration Forum within the allotted thirty (30) day time pe
to either state Defendant/Respondent's reply andlor defenses to said Claim or to
request a hearing before the National Arbitration Forum, an Arbitration Award was
entered on May 25, 2004, In favor of Plaintiff/Petitioner and against
Defendant/Aespondent in the amount of Three Thousand Seven Hundred Seventy.
Eight and 40/1 00 ($3,778.40) Dollars. A true and correct copy of the Arbitration AVo
is attached hereto, incorporated herein arid marked as Exhibit "0".
9. That the Credit Card Agreement Additional Terms and Conditions an
----document1itled,-!!lmportant Amendments_Io-XQlJr ~Credit Card Agreement" both stl
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that judgment upon any arbitration award may be entered in any Court having
jurisdiction.
10. That Plaintiff/Petitioner has filed the within Petition, pursuant to the
Uniform Arbitration Act, in an attempt to obtain judgment against Defendant/Aesp
In a forum which Is better suited to secure a collectible judgment against Defends
Respondent, as the aforementioneel Arbitration Award is non-binding and unenfo
outside the scope of the Court of Common Pleas.
11. That Plaintiff/Petitioner is entitled to the relief requested in the wlthi
Petition due to the fact that the aforementioned Arbitration Award was properly obte
by Plaintltf/Petitioner; because this Honorable Court has jurisdiction over the
Defendant/Respondent to confirm the aforementioned Arbitration Award; and becat
Defendant/Respondent did not make an application. pursuant to 42 Pa.C.SA ~,731
within thirty (30) days of receipt of the aforementioned Arbitration Award. with the C
to have said Arbitration Award vacated, modified and/or corrected.
WHEREFORE, PlaintlfflPetitioner respectfully requests that this Honorable (
confirm the Plaintiff's Arbitration Award. pursuant to 42 Pa.C.S.A. ~7313, and enter
judgment In favor of Plaintiff and against Defendant in the amount of Three Thousa
Seven Hundred Seventy-Eight and 40/1 00 ($3.778.40) Dollars.
Respectfully submitted,
-_"~O______""'_ "'''''"-~~~~--~'''''''D_'~.'O''~'_._
Amy F. oyle
10 No. 87062
"'-'-"-Philipi3;Wamefier€squire-~__~..-:.._
10 No. 88341
Daniel F. Wolfson, Esquire
10 No. 20617
Wolpoff & Abramson, LLP'
Attorneys in the Practice of Debt Collecti
267 East Market Street .
York, PA 17403
(717) 846-1252
Counsel for Plaintiff .
h_ -~'~-'~~"'w.",._~
VERIFICATI9ri
Amy F. Doyle, Esquire, hereby states that she is the attorney for the Plaintiff,
MBNA America Bank, NA, who Is located outside of this Jurisdiction and in order to
the within document in an expedient and timely manner, she Is authorized to take th
verification on behalf of said PlalntifflPetitioner In the within action and verifies that tl
statements made In the foregoing Petition are true and correct to the best of her
knowledge, Information, and belief, based upon Information provided by the Plaintiff
The undersigned understands that false statements herein are made subject
the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorit
-----=--- -
-~=.__.- ~
Amy . Day!
10 No. 870
Philip C. Warholic, Esquire
__.__~..86341
Daniel F. WoifSon-,-EsquTre----c---~-
10 No. 20617
Wolpoff & Abramson, LLP
Attorneys in the Practice of Debt Collectit
267 East Market Street
York, PA 17403
(717) 846-1252
Counsel for Plaintiff
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EXHIBIT II A"
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EXHIBIT
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YOllr Credit Card Acre.tment wIth us consists ,
Addltlonal7enns and CondItions and the docum
the Required federal Disclosures or the Initial 0'
You "ir!! to the tel!llll and condItions of this All
For me PllIpost 01 the PriwlI:Y Ncllu, .we will use ~
cont.lned 111 the thlrd par.sraph of the Pri..ey NI
the ttrnalnde, 01 the All,eement. we will un the
described unde, the sealon headlnl Wons Us"" (
TAIsAgl'llllle"l.
Privacy Notice
)'our privacy Is Important to us: At MBN
committed to provldlne you wlth the finest I
products and services baded by consistent!:
semce. And while Information about you Is f
to our abillty to do this, we fully rectlinl%e thl
of keeping personal and account llIforinatlon
1b offer you the widest zange of products .
MaNA may share Informatlonabour you be
MBNA and outsIde of MBNA With other cor
ThIs allows us to offer you products and Sel
mee your nee s
they are avaIlable dlrectly.from MBNA 01' th
relatlonshlps with other. companies, We WI
undelSt.and our InfonnatlOl'Jja(!il/l!ids, what
we collllCt. what Information '!we shiie'. and th
you receive when we sluire ~nfonnatlon about
. .:,. .
. 'rbls notlce describes the .prlvacy practice
Corporatlon:~lId alI,':4BNA affiliates. lndud
Amerlca Bank. N.A.. MBNA AmetlcatDetawi
PalladIan Travel Services, Inc:, MB.NA Halhr
information 5ervlc:es.I~, MBNAMarket1J'1i
lne:., and MBNA InStirance ~riCy: Inc.'lc:OlI
'MBNA"). for ftnanclal products and sel'llc:e
-by the laws of the United States of America
notlce explains MBNXs Information collect
sharing practices anQ.lets you choose whet'
MBNA may share attain Inlormatlon aboll'
within MBNA. or outsk:le 01 MB~ wfth othel
Our .Secu~ PlOcedu...., MaNA under
Importance of protectllli and ~ecw:lntllnfol
usllli It approprlately. Al:cess.to ~nformetl(
Is restrlcted to the people of MBNA who Tl!J
prcMde products or servlces to you, lNe mal~
electronIc: and proc:eduial saleiuiirdstliilf
federal stindards for the secuTlty .of Inform
_~ __When MBNA shares Information' about y
-comllanl~oUfjlaeOfM~lrett
Impose safeiuards. use It only for a permll
and to return It to us or destroy It~ce tIu
served. We limIt the amount of lntormatlc
what Is appropriate to offer a product<< s,
dently. MBNA requires any company.rea
matlon from MBNA to sliP a Conftdentlal
contalnln& these requirements and obllel
company to protect the Information as WI
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nonpubllc personallnrormauon OUUUI lw.
our business and to consistently delmr th,
Customer servIce 'you e:cpect from us. Sou
Information Include the following:
. Inrormatlon we receive from you on app,
and other forms or through yourcorrespor
communication with us IncludIng through
by telephone. or over the Internet;
. Information we receIve /rom third partie
consumer reporting agendes. to verify stat
you've made to us. or regarding your empl
credit. or other relatIonships; and
. Information about your transactions wid
with other companies outside or MBNA.
Infonnatloll We Share W1thl1l MBNA: We
ollhe information we c:ollect about you wlth n
ice companies within MBNA to offer addltlonl
SeMce5 that may Interest you and best meet 1
We believe this Is convenient for you and may
b.Jd~ ~UI'lO; 1I1~ I""'U~~ 1\) d~ 30, 'We mre Isel
Informallon (such as name and address). tra~
experience In/ormatlon Isuch as purdlases al
credit e1Jelblllty lnIonnatlon (such as credit ~
appllatfonsl. and other Infonnatlon. '1'he de<
chase any such products 01' services Is )'OUrs I
may tell us not to share czedlt eUglbllltylnfor
you within MBNA. but please understand thb
plohlblt u~':om otit'fllli you addltlonal plOC
services or from sharlng transaction and exp
IdentificatIon. and other In/ormatlon within
Illfonnatlon We Share With Olhel'S> Fr
time. we may allow companies outSide of ],A
you their products and services that'may IIll
These products end servlc:u may be offered
service providers (sum es banks. loan blOlu
aiil'e",toll. Insurance allents. InSllrallCl! a:
mol'ti8lle bankers. and sec:urftles brokeNlea
flnandel companies (SlIch as letallers. dlted
communlatlons companies. Intemet ~
manufec:tuleJa. seNk:e lXlmpanles. travel a
lines. car rental egendes. hotels. airlines. r
end ,oliantmtlons endorsing MBNA finern
onervlces\.~nd othimtsudt~ nonjllO/lt
Sublect to eppllcable law. we inay SMTl: a
tlon we collect with theSe lXlmpanfes out
unless you tell us not to. .
. Addltlonalfj. we may shaln:ltth..we
collecl\\llth companies that perform mal
servtces on our bthall or to other flnanc
with whlch \\Ie havejolllt marketllli aire
ale also permitted by law to share Inlor
you with other companies In certalll d~
For Instance. we may share all 01 the In
collect with companIes asslstlllll us In :
loan or account. with companies that e
products and services throullh affinIty :
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Wi"I' ,,\.1"11:01''''''1;11'' ~.",.I~~ au l~t^I.lOllI~ "\J."U~",,<J'
rellulato!Y requirements, and wtth consumer re
agencies: If you tell us not to share informatlol
companies outside of MBNX that wish to orEer'
their products and services. as described above
understand that we wlll continue to share Infor
In these additional clrcumstances.
Important Informallon ADoul Your Cholte:
dedicatee! to servl"i your needs - and to respec
your choices related to privacy. You may teD us
share credIt eligibility Information within MBN}
you may tell us not to share In/ormation wIth COJ
outside of MBNA that wlsh to offer you theIr pTI
and seIVkes as described above. II you wish, to
out of such Information sharing, please call toU
1-1166,751-1255. We wtll ask you to verify your I~
and the speclflc accounts to which the opt out I
so please have all your acc;ount. membership, C
reference numbers and your Sodal SecurItY, nun
Taxpayer Identlflcatlon'number ,for deposit ac;c;o
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i . Indlvldual Customer. When an'y'JlelSon'listed wit!
, on an alXOunt optS outtfor exampie;'a~P'Plk:a
alXOunt'holder, or authOrIied user), we'wnJ'11St th
I acc:ount as havlnll opted out MBNA wlll c:ontlnt
adhere to Its cllsdosed.prl1lllc:y.pral:tIt'es fotaR.
even If It bec;om~ Inactive or,I~'closed, ..
Mopt out lroili'lnfon(latlon sharllli on. an a,
as deSi:rlbed above, 'elthe; wlth1n'.MBW,. arid/or
companies oUlsIcIe ofMBNA. remains effective
revoked In wrltlnll. Fedel'ill regulatlons require
provide this notice on an annual besls;whethel
an 'ac;c;ount has prulously OPted out from elthe
01 Information sharing, prease rememb= when yt
rec:elve our subsequent notices that an al:COunt pi
opted out from either or both ~..of Informatlol
(and not revoked In wrltlng) does not n~ to be c
out apIn.
This notice updates and replac:es any prevlOI
notices from M'BNA about the privacy, sec;urlty.
protection of Information. For addltlonallnfor
1 reprdllli,MBNA'iprlvacy;pr.ac:t!l!es:ccnc:emlnll
. Intemet, and to view 'the most rec:ent vel'$lon c
! ; privacy notice, pl~se '0 to wwwrobn. coni ar
^l^;~^_~~:'~~:~t:;: :=~
I ' notice at any time, and we wllllnlomi y'ou.of c
, as requIred by law. .
11 Words Used otten In Tn"fi'Agreeme
'Alretment" or "Crecllt Card Aimlilent" mans t
I Addltlonil Terms and Conditions IncI.lhe Required
, Disclosures (or thalnltlal OiKlolurej ancIlny chani
: make to those documents from time to time.
"You' and "Your" mean each and an of the persol
granted. accept or .... In iICt'Ount we holcl., "You II
also mean any other person wIlo "" gualllntecd pi
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this Kalunt. when used In the se<tlons endtl.
MDnU.r 0114 Reard Ttllpfto.. Calls, and Mltrollon
and when U$ed In 'each 01 the sec:tlonsrelatlnt
this account (Your Promise lei P.~. and HDw WI ""
P.~IlWI/s. for example). '
"WI; .us....our" and "MBNA Amerla" mean
America Bank, NA
"Card- means all the credit cards we Issue tc
any other person with authoiUatlon for use on
pursuant to this Aireemen!.
"Access check" means an access check wepl
make a Check Cash Advan<:e on your account
If we use a capitalized term In this docum.r
define the term In this document. the term Iw
liven in the Required Federal Olsdosures or tI
Disclosure, or as used In your monthly stateml
We use sealOll heacllnp lsuch as. WtndJ UseI C
AI_I to o....nlze this Acriement. 'nIe ac:tua
Atlftment are In the smtellCl5 thaI foUo'l/ and,
Sign Your Card
Vell skel:lld sllft J~tI. _a b.f'lo.U'I: l'WU "'.11; It
We Mav Monitor and Record Telei
You consent to and authorize MBNA Amarlc
a/Illlata, or Its marketlna associates to mania
any 0/ your telephone conversadcnJ with our I
or lhe representatives 0/ any 0/ those compan
Credit Reporting Agenda
You autf{::tze M6:lAAmerlca to colloa Infor
you, indudlna c:redll reports 110m consumer I'eI'
I you eU...... .... lumls eel Inaccurate
Information aboutl'CU or your aa:aunlto a '0
.Iency, writa ua at: MBNA. Credit Reportlna ^
Box 1705'. W1lmlnllOn. DE 19884-7054. Plall
name, odelress. home phon. numbor. Ind aco
and IXIIllln whit you bell...... I. In.cc:unte or
How to Use Your Auount
You may obtlln c:red1tln the form of purchl
AdvancH by usllll c:ards.,aClZll checkl;..,your,
or other aedlt d....lcu. PI.... refer to your R
DIsclosures or Initial OlsdOSlJtl! to determine ~
c:onstJtute Purchases and Cash Advances .nd
. obleln them.
,TraJlsactlonl)afe for Cert4fn Ca.!
The uansactlon d.te for Check cash Adven
TrIn.11!l'I doni by chedl.is the dlte you or tIu
. - -.whom_-chaclWI.,R\ade.i>aYlble~lpOI~
cher:k. 'lhe uanlllc:t1on date for I retumtd pa
cash Advance) I. the clate thatth. conapon
posted to your .c:c:oun!.
PUrposes for Using Your kcou
You may use ycur ICCOUnt for penonaL /an
llurpOlIS. You may not use your ac:c:ount for
commerdal purposes. You may not use I Ch
Advlnce, or any oth.r Cash Advaric:e. to -
this or any other credlllo:ounl wItlt us. You
permit your ao:ountlo be wed to moke IIrf I
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PeTS/inS Using Your Account
lI)'Ou permll any person to use your card, ac:cess c:l1
aC(ount number. or ather credit deYlce with the authol
to obtain credIt on your account. you may be liable fOI
transactIons made by that pemln Indudlne transac:tlo
whIch you may not have Intended to be liable, Mn /I the.
of those transactions causes )'Our credltilmft to be exceed
Authorlnd users of this account may have the same I
to Information about the account and Its ums "' the
account holders.
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I How You May Stop Payment
I on an Access Cfleck
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.j You may request a stllP payment on an access check I
l provldlna us with the a<:ass c:htdt number. dollar erno",
1 pa~e _a1y as they alll'Ur on the - ched. Orall
written stop.llayment requests on an aCXHS ched. ate ..,
, for six months from the day that we place the Stop peyrn
You May Not Postdate. an Access ehel
You may not Issue a postdated aa:m d!edc on YOUI
account. If you do postdate an aeces. chedc. we may e
.that presented It to us for payment. without In either 0
waltl", lOt the date shown on the ao:ess d!ed.. W.e lln
liable to.l'OII for any Iou 01 Itlqlenae Intuned by IOU al
out of !he lalon we elect to take. .
YOUr. Promise to Pay"
You S)lOmlse to pay us the amounts of all credit you
obtain. wh~h Indudes all Purchases Ind Calli Advana
You also promise ec.t:aY us a:): the alllOUlltS oIl1nance c:lIl
f....1,Ild any other ~aJcw we ~ apInst your..
Payme1lts. on Your Account
You must f'8'f eadl month at least the Total MlnlmUl
Payment CUe shown on l'OIIr monthly stattment by YO'
Payment CUe Oate. You may illY the entire amount yo
us It any time. Payments made In any bllllae cycle tha
.. &reIt.. than the"otll Minimum Payment Due wlll not,
your obll.aUon to melee the next Total Mlnl/IIUm PaYIIIA
Due. II you overpay anI tile.. Is a aedJt halonce on yc
account. ..... will not pay Interest on IUd! amountl. W.
re)1lCl f'8yments that ere not drawn In u.s. dollars and
drawn on a flnanc:lallnstltutlon loated outside ofthe
States. Payment of your Total Minimum Payment Due
npt avoid the. assessment of Overllmll FellI.
When Yl1urPQumellt Will Be Credltei
. . ~" ,-,. too.... ."... ~ '" .. . .
t . to YDur Accou/lt
! We credit f'8ymenta Ii 01 the date received. If tile p
~""-tc~-1s'..\1~Juc2 p.m. (Eastern 'lImel: t2}ll!CI!l>ed I
. address shown In !li. u\lllerlif!:li'iiiO~
your monthly statement; 13I pl/d with a check drawn I
j dollars on a u.s. flnandallnstltutlon or a u.s. dollar 1
J order. and 141 sent In the retum envelope with only tt
1. portion 01 your'statement aa:ompanylnc It. Payment
reafvtd after 2 p.m. on any day Indudlnc the Paymer
: Oate. but'that othelwise mat the above requirement
: ~Iled as 01 the next day. Credit k!r any other payn
1 . may be delayed uS) to /lve days. .'.
~ How We AlloC4te Your Payments
j We will allocate YClUI payments In the I118Ilner we d
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Hndudlnc new transactions) with lower APRs be.
with hliher APRs. 'ThIs wfllresult In new balano
lower APR le.a.. those with promotional APR off.
paid before any other exbtlnc balances.
Promise to Pay Applies to All Per
All persons who Initially or subsequently requ
iUatantee or use the Iccount are Indlvldually In,
responsible for Iny tOlal outstandlne balanct. \I
10 release Irom liability any person who Is lIllPOI
any total outstanding b.lance. until all of the <:Ill
thecks. and olher <:redlt devlcl!J outstandln, unci
account have been relurned 10 us. and any such.
persons repays us the total outstanding balance
at any time under the terms of this Acreemenl.
!;Wault
You wlll be In default of this Alreement Ih llll/C
make any required Total Minimum Plyment Due b
Due Dare: f2l your 10UlI outstandlnc balance_
credit lIml~ or 13) you r.1I to abide by any ethert..
Aireement. Slllely for the pUrp<llOS or determlnl~
&fLiprefFIhlm. ./):I:1,."t o;bl'gtt'^-""Pt". ~'"
ana purd1ased thrClUch MBNA. you wfll be deeme
Ilr delinquent If lOU fall to make a payment withIn
lOur Pal'Mnt Due DICe. OUr failure tq ~ an
rlihts ..,hen you delault d<les net mean that.......
exeae tiIose rlihts uplln later delault.
Wilen We May Require Immediate
II you are In default we can '*lulre Immediate
or your total C(!J1St.ndlci balanc:e and. unlen pn:
aP!lllc:ablelavi'ilnd exCept III othllWlae pl'llYfcle<l
MUraU....II UUglllo. se(llon 01 thll Acr_nt
Ilsll require yclU to pay the costs we Inc;yrln Iny,
proceedln&. Ii _II II ",_nable attorney.o lea
your Iccount lor c:ollectlon to In sttemey who II
lalerled employee.
Otl1er Payment Terms
We <:an aeapt late payments, partial paym..u.
with any restrlc:t\ve wrltln, without IQlIni any of c
under this Aireement. ThIs meanl that nil IlIYI1\I
those marked with .Pald In full"<<w!th anyothet
wOlds. shall operate.. an ao:crd and satWac:t1Ol
prlQr written approvol 01 en. of OIlr senIor c/J\c:er
not use a postdated chedl to make a payment. If
date a payment check. 'lit may e1ec:t to ho_ It I
ment or IZlum Itunaedlted tll the person dlat'l
'IIIthout In eIther case w.1tl1li lor the elate shOw
chec:k. We are nOt liable to you Jar any kisa Ilr I
lnc:urred by you arlll", out Ilf the action we el..
"-!.--PiVlHeltt11l1lf~----._..
We may allow you. hom time to rI_ 10 om!
payment We...m notify you when lb" oPtIon I
If Y\lU om/( a payment. ftnance c:n.rces and an1
lees '11I11 ac:c:rue on your ac:count In acc:onlanc:e
Acreemenl. You must resume maldn. yourTol
Payment Due each month follcwllli a llIIymenl
Transactions Made III Foreigll (
If lOu ma~ a transactIon In a rorelp <:Utrel
tllln will be converted by VIsa Intemawoel or
Inlernatlonal,dependlng Iln wllJc:h ani you u,
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T conversion plDCl!dures In .ffect atth. tlm. thaI the II.
115 process.d. Currently. those l'Oiulatlons Ind proced'
. provld.-that the currency convorslon ral. to b. used ~
I !II a wholesale m~l ral. or (2) a gov.mm.nt-mand,
lln errect one day prior to the pltlCesslng date. increas.
I peta!nt In each,case. VIsa Or MastetCard retains this on
, IS compensation for performIng the currency convers
I Ice, The currency conv.rslon,lllte In efl.ct on the proc
J date may dllfer Ircim the 1I1eln e/lea on tile tlansaCll<
{ or the p<lSlln. date.
1 B lllfng Cycle
J Your blllln, cycle ends each month on a Closll\i 0
j' determined by US",Each blll1na cycl. b'alns on the d
. the Closlna Cate' 01 ,the previous bllllna cycle. Each 51
reflects I sinai. bllllna cycle. . , .
Account .FeeS''in'a' CFui."'ges -.' ,'.:-.'
. Account F_ The followlna fees. which are HI forti
Required Fecf'(lI1 Ofsdo'sU.res ar.lnltlal O/ldO$Ule,are(
, 'as PurchasOs In the bnUn,cycleln.whlch theleesacail
(II" Lat. Fee If the 'lbtal Minimum Payment Due she
Payment OueOui.;- t.
j (2) an Ovorilmlt Fee'r'your New. Balance Total uceed
, . credit limit on the Ian elIy 01. bllJlnt cycle. e;ven If II
. : finance ellaritS cIilliaeit hyoo.ui cause your NeW B'alanc
; to exceed your ~lt IImll: an OverIlmIt Fee Is chal1ed I
, acc:cunt It or the day In the bUllna c:yde that your lOlal
, ; standlnt bI/anc:e on JOU~1KXXlUllt exaeds your aodJt II
(3)a Relumed Pa~rit'F" ~r I payment on'your lCO
., retUrned for Insurr'r.:~nt'~i:Js or for any other relSOn
. It II'pald upon lubsei:juClt pmentm.nt: .
.: (4)a Retumedc:alh,l,d'iariceet>ec:kFll!lIw.'_ I
i chedr. unpaid lor any rjwOn. t'l8n jr the ,"'"" chsclt
: upon subqquen~ preseni",;,ni: . .
, (51 a Copy Fee lor etch' C!lpyoli monu./YSltt.rnent,
. : draft. ~t that the six m...c .....nt monthly"lItem
, . alx ral.. aralt...1II be provided lor /reo: and .
: (6) an Annual F.. llyou[ ..;count Is open or II you ma
: account IlIlana. whether.l'Oulla.ve a'ctfye chartln, pr
. or not. .'
J AtianclOlled Prope'rty'c:urs- Unless prohibited by I
; law..... will charp your lCOQunt. as . Pu'rchaae, for In1
; Incurred by usllSOClated'W\th cornPl)'llli wtth Stale at
i property laws. . '. . .
Pl.... revlaw you; RiqUlred Fed.ill Dlsclpsures c
OlsclosurtlOr IddllleJnl1 ftel IIId charauthat may I
your account. . , .
I~ :..... .
~"ltl~~~~~:.;~~~"'J:Is~
IUch'bene/JIs or servlces'are nori part'oI thlsA&reem
, are sublec% to lht tenns and resllIctlons oUllIned In tI
1 brochure and cxh'er olfttlal doannenll plOVIded to 1'0
time to tlme by or On behalf at MaNA'America. W."
add. or cIeletebeitellts and leJYlaos at'any time and.
notlce to you. .
I Mu.sal to HOllor Y01Ir Account '
\' w. are not IIlbl" for any relusalto honor your..
I Thla can Include a relusal to honor your card or ICl:01
I I or any check written on your aa:ount. W. are not ~
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any retentlon of your ar<! by us. any other ban
provlder of goods or services. .
We Mall Suspend or Close Your,
We may suspend or close your a<:count or ot
nlte your right to use your Iccount We may d
time and for any reason. Your oblli'ar1cnlUndl
/\Creement continue even alter we have done d
destroy all ards. aCCelI. chedcs or other ~rtdlt
account when we request
You Mall Close Your Account
You may dose )'Ourlcc:ount by notllylns us. I
telephone. and destroylns all ards. Ice... che
credit de'lice5 on the account. Your o?II&I~ons
.....eement continue even Ifter'yoU have.d~ne 1
TransacUons After.Your i,,;ount
When your Ic:count Is closed. you must ClOIItI<
authorlzad to charp transaction. to your lQXlun
Intemet leMe! providers. health dubs or lnsurBJ
These trennetlolll may condnue' to b. c:haraed
..........,{"t U",.n ~u t'.hJlnJJ~ the bfl1lna AlSO. If Wl
have authorized a transaction or are attemptlnl
aa:oun! alter you have requested to clase the a
may allow the uansactlon to be ch8raed to.you
We May Amend Tflis Agreement
We may amend this Aife_t at lilY lime. 1
amend It by eddtllB. delet1l\i'o or'ChanBlnc prow
Acreement. When we amend thll AiMment w
with the Ir;>llcable ~tlce requIrements 01 fed.
Delaware Ii;'~ that .re In diet at tha~t1~ If.
CIws yoU the opportunll;y to ,.JIet the ch8'nse. I
the ch8nce In the manner provIdod In SIICl1lmet
may terminate your rlaJIt to receIve aodlt.nd I
retum III crocIlt devices.. a con'dlUon of your r
amendod AiMlIUlnt (Indudinc eny hlah... rate,
charg.. or roes) Will apply to the total oulJtand
Indudlrll the balance afItlnc be/ore the Imondm
eIlec:tf.... We may lIPlao! your card with another c
We May Sea Your Aaount
. We may It any time. end without notice to y
or transler yguIICCClunl, any sums due on you,
Aifeemenr. or our t1shts or obligations under 1
this Aireement to any pelSOl\ or eadty. 'Ille PI
10 whom w. make any lUc:h sale. 8IIllIIment c
be endtllKl to all of our rights Incllot obllptlo
Aireement. to tlie excenlsold. ISSIgned or lral
Your Credit Lindt
...___~'(.!lJ.!r:.!;!~lJLmI~scIosei1 to you. whea y
an:! MId. generaU,. on m:lrlllOntld, .t.aWne
chan.e your aodlt nmlt from tlma to UI!1O.
TI1e amount shown on your monthly litIte~
er.dlt AVlllable dou not take Intel -=unt_'
Cash Mwnces. 1Ina_ chargll. f.... any od
or credIts whlc:h post to youllccount alter th
of that monthly litItement. Suc:h transaction
your credit limit belnc exc:eodod and result II
of Ovetllmlt F....
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J ~~~~ci'Yo~r Credit'Umif
! The total outstandlna balance on yourac<:ount pi
~ autho~zatlans at any time must not be more then.y
~ limit. If you attempt a transaction which results In 1
1 outstandlna ba lance (plus.authorlutlonS) exceedlnl
~ credit limit. we may: (I) permIt the transactIon withe
, your credit limit: t2l permit the transaction and treI
t amount 01 the transact/on tltat I. more than lIle cr..
t IS Immediately due: or 131 reluse to permit thetralll
f If we refuse to permIt the tranNctlon, we may ad
l person who attempted the uansactlon that It has bet
· 1/ we refuse 10 pennlt a chedc Cash Advance 01' Bal.,
I Transfet we may do so by advlslna the pel$On p'"en
Check Cash Advance or Salance Transfer that credit
refused. that thell are Insuffldent lunds to PlY the I
;. Cash Advance or Balance Transler,-or In any other m
Ilwe have prevloU$ly permitted }'OU to exaed your.c
It does not mean that we will permll you to exceed you
Umlt apln. U we dedpe to permit }'OU to exaed l'!lU1' (
we may charae an OverUmlt Foe U provided In thIS /if;.
ollr Car.d
Pleue notify CIf immediately 01 tha lOIS, theft. 01
unauthor\zed'.Use 01 )'C?ur aOXluntat 1-800-421-2110
You M1I$t Notffp 'US Wlien You
Cnallge Your AUrio .
We atrive 10 keep ao::urate records for your benefit i
'I1Ie pol! oIIIce .nd others rMY notI/y us oIa c:hanp I
addrea. When l"Il chane }'Our address. you must n
plOlIlFtly of )'Clur'in add.......
Wliat Law hiHles
This ,,&reement la made In Delaware and.... oxte
to \'Ou from Delawafe. This A&reernent II aovomecl
'1 ,.... oIlne Slate 01 oel.ware (wltbout retlrd 10 Its ,
'! 1_ prlnc:lplesland bJ anyaPllllabla federalla'llS.
, Tne Provisions of Tlifs Agreement
.1 are Severable hid be
I If any promlon.of t Ie Aareement Is aun to
I the remalnlna pJOYlslons ,,?II tonUn\NI to be elI~I'
:! Our Rights .Continue .
Our fail UfO or delay' In eMfdslna any of our naht
th'- ~ment dOlI not mean that we a'" unable I
tllQiierlChts later. .
! Arhitratlon .and litIgation
L This Arbluatlon and Utlptlon provision applies
f -tliiIHI'}'ilU'ftreJlml the oppe~ NIt':! tb~
I and Llll,allon pJOYlslons and }'OIl did eo relICt tnltl
: mlMer and tlmehme lIlCiulrea. 1/ lCU did reltct .
I lOch a provision. \'OU llreed that any Ilt/ptlon bl'll
. I qelnst us "'Iardln. thll account or this AareeJnel1
I bmu&ht In a c:ourt 10000ted In the Slate 01 Cel__
I Any'da 1m or dispute ("ClaIm' by lither you or
the other. or lIalnlt the employeea, qenu or UI
I i other.aMlna from or relatlna In any 'Way to thll A
, : any prior A&reement or \'Our account (whethll un
:. statutI. In c:onUlct. tort. or othll"llse and whethe
I ! damaa.., perutltl.. or declaratolY or equitable ",II
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~iiili~iloiiSectlon orlhe validIty or the entlle "lll
~ny pIlor Aireement, shall be ~lved by blndln
The arbUllltlon shall be conducted by mil NlItlor
Forum /"NAF"). under the Code or Procedu~ In elr.
the Ciflm II flied. Rules and forms of .the National
Forum may be obtaIned and Claims may be filed ~I
Arbitration Forum office. """" arb-mrum <:om or P,I
Mlnnupolls. Minnesota 55405.lelephone 1~1
NAF Is unable or unwllllni to act as arbitrator. ~
sUtule anolher natIonally re~Ollnl%ed. Inde~de
orianlzatlon.thal USeS a sImilar code 01 prcac!UI
written raquest. we will advance any arbltratlon I
Idmlnlstratlve Ind hearlni fees which ~u al! re
PlY to pursue a Clllm In arbItratIon. 11Ie arbltra
dedde who wlll be ultimately responsible lor pal
lees. In no evenl '9111I ~u be requll<ld to relmbul
arblllltlon fllllll. admlnblllt\ve or hearine lees I
irealer than what )'Our court c:osts would haYe b<
Claim had been resolved In a stitt court with 11.11
My arbitration hearllll at which ~u I~r.wlll
within tht federalludl~lal dIStrict that Includes Y
address al tile time the Claim Is filed. 111'/8 Biblt
;:~:~.:~l;k:ii.~ ;:.~~~~ti;;; ',=r
/'d..9UoS.C.U 1-16 ("FM1. ludplerituponllll
award may be entered In any mUll havllli lurlscll\:l
arblUltClr shall 101 low exIstlni subslanltte \rjrlD t
conslstenl with the FAA and applk:able ltatntts 01
and .hall honor any dllms or prlv\llIe leCCil\Ized
party lequestS. the albltrator 01 write an oplnlol
the ruaons lor the ."ard.
No Claim ~~,<>mltt~w Irblmllon" heanlby
no Claim may be broUiht IS a dass letlon 01'"
attorney eaneral. You do not have the r1iht lO .'
representative or partldpate as I member 01 a d
dalmlnta with respect to any Claim. 'Il11s Mlt.
Lltliatlon Sec:llOn applies 10 all Claims now In e
that may .rtse In the future. .
This Arbitration and Utlptlon. SectIon shall s
eermlnatlon 01 )'Our Iccount with us IS well u al
paymen~ 01 the del?t In full by YOU. any banloupl
sal. 01 the debt by us. '. ..
. For the purposes of this Arblttallon Ind!.lt"
...... and "\Is" means M~ Ametlca Bank. NA,
subsidiaries. amllates. \ICl1nues. predecessOlS.
1..liI's. Ind any putcha.er 01 your ac:countl'ln<
officers. dlrectotl. employees. ....nts Iild uslt'
III of them. Addltlon.lly: "We" or "us" shall mal
party pio'lfcflncbel\eIlts. servtces..orptQduc:ts1
with the Ic:count Ilndudllll but not Ilmltod 10 1
metchanll that_apt any Cledlt device Issued
ao:ount. rew8lds or enrollment services. CRdIt
COI1l!:nles. 'tlebt"CClleden and~UAlthelLlllll!
emp oyees and aientslll. and only I~ such. tl
named by you as a co-d<llendant In any Cltipl.
aplnst us.
II any pitt 01 th~ Arbltratlon ind UdptlOtl
lound to be InOlllld or unenloraable unci., II
~orislstent with the fAA. the remainder 01 thb
L.ltliatlon Seetlon shall be enforc:uble wlthol
1l1Vlllldlty or unenlorceablhry.
'THE RESUI1 OF lHlS ARlllTRAnON AORI
EXCEPT IS PROVIDED ABOVE. Cl.AlMS C>>
CATED.IN COIIRT. INCLUDINO SOME CL.AI~
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J JAS PRtvATt.JlirIV~I'1OI1 "'c.'''COlV\l,on..Il.........
I .
iCREDIT INSURANCE BENEFITS,
I !LiMITATIONS, COSTS & EXCLUSI~
!CONS.UMER PROTECTION. DISCLOSURES . .-
iCREDIT INSURANCE 151 NOT A DEPOSlTj'NOT I'DII
I ,INSURED: NOT INSURED BY A~ mEllA1. GOYERt
j jAGENCVI.AND NO.T GlJA.RAN'tEED BYTlIE 8AN~. .
1 I PURCHASE' OF CllEDIT lNSURANct IS NOT-A COND
! OF OBTAINING CREDIT. IF COVERAGE IS DESIRED.
MAY BE PURCHASED ELSEWHERE.
1 .
f ! endlt l.,u..,o" pays ~ur mlni!l)um monthly payr
I up to your balance on the a.te 01. loss lnot to exaed S
lexcePt dlublllty In MN). untl! You return to Wl:lrk"1f y
. ,lnvQluntlrlly u nernployed.lQtIllit dlslble<!. or If you or
I spouse t.kis covered famIly leave: Crfdll InsuRlnce af.
I pays your Insured outstandlnc'blJance up to Ihe Ieut
I outstlndln( balance. JOur aedllllmlt (not AJ..1>:z. AR.
DC. IO.IL.1A. LA MO, MN. MS. NY, NO. 011, OK, RUSE
'WA, IVY &. IVYI. or 52',000 II you die. . .
. Ellslblllm One Insured per account IInsured muit'l
I pnmaty QI . .
.llilbl.I. und..r sae 66(70 In 1\1;. NY" VI\: 711~ FL;GI\
MO &0 OK, 721n NM). 'Your coverqe ends It these san
f~except flmlly leave In AZ..<I. r. SD r. unemployment).
emened. alllflo:ates wi" be mailed explalnlni ,our co..
"effective clat.. In NN. unemployment CllWI'Iie.lnlf
161 days from Y'lUl certlftcate effective date. For unemlito
or,liII'I1l1y leave beneftts. you mUSl'ba plnfully employe
1/Orldlll at lust 30 hrr/Olk 1/1Of HlfJemployed ar an lJideJ
f tontractor! lor 90 coj~tlw',;:lays belen the deti 011,
'(CO - beloreappllcatloh date).lI'A.- on the dati: olios
me. - before.covell,a eIlect\'lll dateior unemplOllnentl
~mplOl'ftS of prolesslonal torpcratlons may be enclbJ.
I c"""........r. BI!lIe11isi Credlrlnsurance covers'YOI
,doeth; InllOluntary'unemployment dueto'lab 1_. pn.
i strike. unionized labor dlsPute;.r kiCkou\,total dlsabll
lto slckn..... or Injury II you Ire unable t. perfonn the m
: "substantial dutles.ol your lob (or any lob alter 12 me
I PAf 18 mos. In ~ I>:z. AR.CA. DE. DC. CA. HI. It:). JL, IJ
'l.A. MD. MN. MS. NV,:N/;':ND. OH. OK, RI. SD, TN, yr. ~
WI &0 WYl; your.. your spolia.e's unpaid leave allbser
/rom employment due to Qre 01 your newborn or newly .
child or an Incapadtated Immediate Iaml" member,lm'll
I,pouse, child. SIeIlChIId or parent In A1Q: mandatolY reca
! active mlllrary dut'/: lulY chIty IItllaPt In MIl or rakfena
i a ledllflllly declared disaster .aAa. Loss (not deathl.ml
I contl.ue at lellt 30.daysbeki~ beneIIIIllecJn. In NY
: strlbs_unlonlzed labor dkputa" lOckouts. yOu,musl
I unemployed f'''7 CDnsecutlw _ks "qualify lor stat
I plllyment beneftts be. 10.... benellts bell.. A. dally ban,
-...paIo:1or.aclulay-OU..m.oov 30 days I'lr unemploym'
: NY ~PA. and disability In CA. cr. G"- NT.~4U"f
I You may cancel this cove...e at any time. II cancelec
i I the first 30 days 01 _erqe. .11 premiUms will be Nfl
I . i Eula.I....' Ulal suldde.lri the first 6 manths=.r<
, ! lnot MD (, MO). In",,!untalY U"emplaym..t, re!lien
1"$111\II110'. yoluntary '"rfeltUIt oIlncorne or fOb lOll
i willful or alml.., misconduct. d1Ublllty. stttes In 11
'1 . dlschal'lll In NY (, normll seasonal UMIllployment It
, ; Disability: norml' prqnancy Of childbirth (not CA. ~
I ; Inlen"onally sell-Inlltcted Infurles (no! MD). or I p....
1 medical ccndltlon durtni ftm 6 montlls ofCOVtrllle
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.
real'Vlnl unemployment CtneuOt VI .l~ ..........._.
This Is only a brlef.descrtptlon of co~rale. and
vary by stale. Pleue refer to your tertlRcateslor,
explanation of covelale. .
Co,,~ ner S t no r1er Month of A"enu!:@ O.Uv B:
Costs apply to I.lle ILl. D~abl\llY (0), Unemployml
Family Leave IFl: AI. ,4.'e: AA 78<:: AZ 9Mc: AR !
89.ge, CO 50.66<: cr 42.89c,.DE 99.9c: DC 99.90:: Fl
9O.8e, HI89.9Ic: 10 99.5c IL8:k 016.90:, U ~c, F
80.97e: IN 90<:, IA 97.Be II. 1:2c', 0 16.0.:. U '4C, I' ~
85.47e: KY 97.4e: LA 99.93c: ME)3.0'c:'M0 79.14c
MI8S.1c: MN 31.47e: MS 9~Sc: M06I.1c:MT93.9
95.8c: NY 99.87c: NH 9'<:: I'll 97<:: !'1M 58,9c: NY'2
o 26.8c. U l6.ge): NC 11.ac: NO 94.97c: 01'1 99.9c:'
OR 80.8e: PA 38./c: PR 99ci RI99.8<:, SC 78.8<:: SO,
92.'e: 'IX 33.7c (I. 4.8<:. D 12.ge. U 16C): 1J1'90.44C:
(L6.~. 0 12.24C. f' 16C):VA 84C IL6.lc. 0 8.90:. U
20<:): WA 89.39c, WV 99.'e: WI 93.6C II. '.7e. D8.ge
20<:1 & WY 99.7c.
AVlIII.bllltv. IllIIOlun18ry Unemployment Is not,
MA or vr. Family l.eave Is not available In AI.. CT. ;
MN. 11M. NY. PA. 01TX.
UMerWrItlrur ComeaftlHIPftnl!'W! Involuntary
Unemployment: AmerIcan Securl1y/LOII5I8'), LOI
AS 1.01 TX1111991. 1..0IC'IP-KS(2I96!. LOIc.lP-CRS-l
Ind LOle-IP: Ste,ndard QuarantyJS(l LOf (518'1 (NH
Ule l> Dlslblllty: Union Security Ule/l..!-%, J..S.O I
AR. DE. ec.IO, II. IA. KS. LA. MD. MN. MS. NY, NI
RI. SO. vr;.WA. 'ON & WY: Standard Guaranty Ule r
L.I.Z(V/2)IM3RA).1'IlIt Fortis illalNY Uk olllyll
Amerian Security (NY Disability only)NI.,s:.A. Fo~
InsUrance (ME c!'~lyyu.X~" Famlly Leave. Americ
. SecurityJf'I.P 14191), FLP-F1.(12I911In FL. f\.P-HC 11
FLP-<lK14.I9711n OK. FLP-VA(2198) In VA. f\,oIPlAZ1'
X1. JIL.lP(4I9l)ln II.. ~ IN. Fl..fp.JCl (l2I97l In JCl, f'L
lol,099lln ME: FL-\P.wy\4I97l In 'ON: sc.ndelll QuaM'
(4197) In NH: Union Security Ul.m.P-VI'l4l9'11n V
Olants for Mfsslsslppland I'lorlda Ire Charlu N. Q
~mela Curtis lapectlvely.
The credl!cr Il1lIY receive compensltlon In <onn
this ClIler.
It II . crime to provide lal.. or mlsludlna Inlom
Insurer lor the ptltllCS8 of delraudlnlthe Insurer or
_ PeMItIeslnduda Irnpr\sonment and/or bee
In Imurel may deny IlIIUranee benefits If lal",lnfo
. materially related to a dalrn .... provided by tile al
.LeU past due and over credit Umlt amounts.
Ole pays ,,, of the balance on your clate of drub
51250. In OR. CO'Ill8Il pays the.llUter of II36Ih
. ance or the current minimum payment due on yc
.' i IClSS. In NV & P.... eowracl pays the minimum '"
...~..... p.... -_..QIlYSll!!: c:!ate of loes. In TX. CCVl!raca pa)l the II'
your Insured oUtstallllllf~,...Qala.(
ment or your minimum monthly payment.
."!1Ie number 01 monthly bene/lt paymenlll 'IIIl1 r
for flImlly lave: 12 for unemployment In N. M '
MO. HM. NC.NV.PA.5C&TX; 12lordlslblllt7ln
FL. J<Y. MIl. MO, /lIT. N1. 111'1. Nt.!. NC. OR. sc. U
1'IV. fll & TX Retldenlll 0lIIyl 'lb pura- Cll'IlI'
vnlte to ABu..n! Group. P. O. Bcll503". Atlents
AllPlIcntlolll will be sent to you.
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EXHIBIT "C"
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4043
NOTICE OF ARBITRATION
Dear Respondent,
AN ARBITRATION CLAIM HAS BEEN FILED AGAINST yOU.
. Enclosed and served upon you is the Initial Claim. You may obtain a copy of the Code of Procedure,
without cost, from the Claimant or from the Forum at WWW.ARBITRATION-FORUM.COM or
800/474-2371.
IF YOU DO NOT SERVE THE CLAIMANT AND FILE WITH THE FORUM A WRITTEN
RESPONSE, AN AWARD MAY BE ENTERED AGAINST YOU. AN ARBITRATION AWARD
MAY BE ENFORCED IN COURT AS A CIVIL JUDGMENT.
YOU HA VB THIRTY (30) DAYS TO RESPOND FROM RECEIPT OF SERVICE.
You have a number of options at this time. You may:
1. Submit a written Response to the Claim, stating your reply and defenses to the Claim, together
with documents supporting your position. Your Response must be served on the Claimant and
filed with the Forum. Read Forum Code of Procedure Rule 13. A Counter Claim, Cross-claim
or Third Party Claim may also be served and filed, and accompanied by the fee as provided in
the Fee Schedule. Forms for such Response and Claims may be obtained from the Forum. If
you fail to respond in writing to the Claim, an Award may be entered against you and in favor
of the Claimant and you wi11lose your case.
2. Demand a Document Hearing or a Participatory Hearing. You may request a Hearing in your
Response or in a separate writing. Unless you have agreed otherwise, an In-persQn
Participatory Hearing will be held in the Judicial District where you reside or do business. You
may l!!.so request a hearing on-line or by telephone. Your written Request for a Hearing must
be filed with the FOrum. You mUitalSO serve a copy of)'OOr }tc"Iuc;$t uu the Claim~~~
other Parties. Read Forum Code of Procedure Rules 2S and 26.
3. Have other options. You may seek the advice of an attorney or any person who rnay assist you
regarding this arbitration. You should seek this advice prompjly so that your Response can be
served and filed witbinthe time required by the Code of Procedure. If you have any questions
or need help in responding, you may contact the Forum.
The Forum is an independent and impartial arbitration organization, which does not give legal advice
or represent parties. THIS SUMMARY IS NOT A SUBSTITUTE FOR READING AND
UNDERSTANDING THE CODE OF PROCEDURE WHICH GOVERNS THIS ARBITRATION.
The Forum
P.O. Box 50191
Minneapolis USA 55405-0191
(651) 631-1105 (800) 474-2371
info@arb-forum.com
ARBITRATION-FORUM. COM
-
I.. I It ~
IN THE
NATIONAL ARBITRATION FORUM
CLAIM
4041
MBNA America Bank, N.A
clo Wolpoff &. Abramson, L.L.P.
Attorneys in the Practice of Debt Collection
Two Uvington Centre
702 King Farm Blvd.
RockvilIe, MD 20850
CLAIMANT,
BE:
Forum File Number: FA0311000207498
ClaimlUlt File NUD1ber: 0112572890
AecoUllt No.: 4313080999824762
Card member AgreemCllt Type: NEA90
Rachel M Cooper
4008 Darlmoor Dr
MecbanicsburgPA 17050-2193
RESPONDENT(S),
For a Claim against Respondent(o), Clsimant states:
1. By way of conlracl and use of the aedit sccounl at iS81le, Respondcnl(s) became bound by the tenns of a credit agreemenl
(hereinafter the "Agrc:cmeat"), which is attached hereto and incorporated herein by reference.
2. Respondent(s) is!ore in default nnclet the lc:rms o(the Agrc:cment snd is!areuow indebted to Claimant in the amount of
$3032.56 ,IS tcflected in the attached aoc:ount summary, plus interest of$46.36 as of the dole ofming. and at
6.00% thereafter.
3. Despite repeated dcmaudsfor payme:nt, Respondent(s) haslhave not paid the amounts due.
4. Claimant requests an Award for the amounts reflected in Paragraph 2, plus all arbitration fees incnrred, Process of Servic
fees and Attorney Fees of $454.88 , if allowed by law, equaling of the outstanding principal balsnce.
S. The attached Agreement contains a Delaware choice oftaw provision snd a provision for 'reasonable" attorney fees.
Delawore law specificaJly provides that an attorney fee may be awarded in sn amount up to 20% on IIlI unpaid claim if
allowed by law. Sg, lODe!. Code See. 3912 (Pleading & Practice).
6. The attached Agreement containa a mandatoJy arbitration provision nnder the Rules of the NationalArbitration Forum
".~ _._-~..)~._-~~~--_._,,_._--_..._._._.__._-----------------._-_._--
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The nudcrsigned connse1 for Claimant asserts. under penalty of peIjnry, that the information contained in this Claim ane
the supporting docnments attached be:e\o are accnrate based npon information provided by Claimant 10 the IIDdersigned counsel
WOLPO'fF & ABRAMSON, UP.
AUoTMy8 in 1M Practice of Debt Colkction
By:
Ronald M. Abramson, Esq. (MD, DC, MA) Connell A Loftua, Esq. (VA. wv, DC)
BaIty E. Gordon, Esq'(MD' DC) Matthew P. Linltie, Esq. (MD. DC. VA)
Ronald S. Canter. Esq. (MD, DC) Jennifer L. Anthony, Esq. (MD)
Neal J. Levitsky (DE) - Local Counsel Kelly E. MacBeth, Esq. (MD)
Counsel for the Claimsnt
IfRespoDdent or cauDad wishes to CODtact Claimant, pi..... call or write:
Paralqlll Departmeat
Wolpolr & AbramsoD, LLP.
Two Irriqton Centre
702 KiIIg Farm Blvd., 5th Floor
Rockvlllc, MD 208!l0
1-800-830-2793
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EXHIBIT" B"
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(111 :51l8<iD
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, NA.,
Plaintiff
NO. 043616
vs.
CIVIL ACTION. LAW
RACHEL M COOPER,
Defendant
R!,ILE
ANDNOW,this /95' dayof~_
,2004, upon the
consideration of the foregoing Petition to Confirm Arbitration Award, it is ORDERE[
the parties to this action show cause, if any they have, why this Motion should not t
granted.
RULE RETURNABLE /6 days from the date of service hereof.
BY THE COURT:
~-=~-=-~-'~~~=------.._~-------
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I JUdgE
rRUE CO .
In Tlltlmony tul.~y FROM AS. ;"^,'
IIld the -"''801, I her. -.,
rhl .. " sald Cou · unto SlIt "'Y
.~tt:~~~~
PI; -
. .
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VERIFICATION
The undersigned hereby states that he/she is the attorney for the Plaintiff, MBNA
America Bank, N .A., who is located outside of this jurisdiction and in order to file the
within document in an expedient and timely manner, he/she is authorized to take this
verificalion on behalf of said Plaintiff in the within action and verifies that the staternents
made in the foregoing Motion 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 unsworn falsification to authorities.
Date: he. It, 2g:;f5
,
J:{6$-.~"j.1;A ""h
ID No. 87062
Philip C. Warholic, Esquire
ID No. 86341
Daniel F. Wolfson, Esquire
..~--_._.._.-_...-..._-_.-I~--2061:L - --- .-.--.----
Wolpoff & Abramson, lLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
Counsel for Plaintiff
. .
" . r ~
IN THE COURT OF COMMON PlEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, NA.,
Plaintiff
NO. 043616
vs.
CIVIL ACI10N - LAW
RACHEL M. COOPER,
Defendant
CERTIFICATE OF SERVICE
The undersigned does hereby certify that I served a copy of the foregoing Motion
to Make Rule Absolute upon counsel for Defendant, by First Class Mail, Postage Pre-
Paid, a copy thereof on this /.; day of r- €.f3R1.N21 ' 2005, to:
Rachel M. Cooper
4008 Dartmoor Drive
Mechanicsburg, P A 17050
_.~.~._._-~==---,.-",,~"--~=~=.- -
Amy Ie, E
ID No. 87062
Philip C. Warholic, Esquire
ID No. 86341
Daniel F. Wolfson, Esquire
IDNo.20617
Wolpoff & Abramson, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
Counsel for Plaintiff
~~
. .~
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
Ne. 043616
:
Plaintiff
:
vs.
CIVIL ACTION - LAW
RACHEL M COOPER
Defendant(s)
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
The undersigned counsel, 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,
RACHEL M COOPER , above-named, is over 21 years of age; is last
known to reside at 4008 DARTMOOR DR
MECHANICSBURG PA 17050-2193
County of CUMBERLAND , 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.
COMMONWEALTH OF PENNSV! :VA'-Jl \
Notarial Seal
Dina A. Sweitzer, Notary Public
City of Yurk, York County
My Commission Expires Apr. 16. 2008
Amy oyle '87062
Daniel F. Wo son #20617
Bruce H. Che is #18837
Philip C. Warholic #86341
Ronald M. Abramson #94266
Ronald S. Canter #94000
Donald P. Shiffer #89451
Andrew C. Spears #87737
WOLPOFF & ABRAMSON, L.L.P. / Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
267 East Market St., York, PA 17403
CJj7) 846-125h1 /Ie
-14- day of/fitlY , 20E.
Mf?!!/i4---
SWORN and SUBSCRIBED to before me this
PNMAFF/PANOJ
W&A FILE NO. 112572890
. "'"', ..
.,.,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
MBNA AMERICA BANK, N.A.
655 PAPER MILL ROAD
MAIL STOP 1411
WILMINGTON DE 19884-1411
Plaintiff
vs.
RACHEL M COOPER
Defendant (s)
COUNTY, PENNSYLVANIA
No. 043616
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:
RACHEL M COOPER
4008 DARTMOOR DR
MECHANICSBURG PA 17050-2193
PCRES/PANOJ
W&A FILE NO. 112572890
Amy F. oy1e ~87062
Daniel F. Wol #20617
Bruce H. Cher s #18837
Philip C. Warholic #86341
Ronald M. Abramson #94266
Ronald S. Canter #94000
Donald P. Shiffer #89451
Andrew C. Spears #87737
WOLPOFF & ABRAMSON, L.L.P. / Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
267 East Market St., York, PA 17403
(717) 846-1252
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
655 PAPER MILL ROAD
NO. 043616
Plaintiff
VS.
CIVIL ACTION - LAW
RACHEL M COOPER
.
.
Defendant (s)
NOTICE OF JUDGMENT
( x) Notice is hereby given that a
in the above-captioned matter has~een entered
$ 3778.40. plus interest, on L'L~~( 1\
( x) A copy of all documents filed with the
within judgment is/are attached.
against you in the amount of
, 20..aL.
Prothonotary in support of the
IZ.
Prothonotary Civil Divisi
av-: ~!Ul~; e 7J{J?/JAY-< ~
If you have any questions regarding this Notice, please contact the
filing party.
Amy F. #8706
Daniel F. Wol #20617
Bruce H. Cher s #18837
Philip C. Warholic #86341
Ronald M. Abramson #94266
Ronald S. Canter #94000
Donald P. Shiffer #89451
Andrew C. Spears #87737
WOLPOFF & ABRAMSON, L.L.P. / Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
267 East Market St., York, PA 17403
(717) 846-1252
(This Notice is given in accordance with Pa.R.C.P. 236.)
NOTICE SENT TO:
RACHEL M COOPER
4008 DARTMOOR DR
MECHANICSBURG PA 17050-2193
'PANOJ
W&A FILE NO. 112572890
C A.J (:) ~
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33
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
No. 043616
Plaintiff
vs.
CIVIL ACTION - LAW
RACHEL M COOPER
Defendant(s)
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:
RACHEL M COOPER
4008 DARTMOOR DR
MECHANICSBURG PA 17050-2193
Amy F. ~87062
Daniel F. Wo1 #20617
Bruce H. Cher s #18837
Philip C. Warholic #86341
Ronald M. Abramson #94266
Ronald S. Canter #94000
Donald P. Shiffer #89451
Andrew C. Spears #87737
WOLPOFF & ABRAMSON, L.L.P. / Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
267 East Market St., York, PA 17403
(717) 846-1252
PCRES/PANOl
W&A FILE NO. 112572890
n
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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
No. 043616
Plaintiff
vs.
CIVIL ACTION - LAW
RACHEL M COOPER
Defendant Cs)
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
The undersigned counsel, 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,
RACHEL M COOPER , above-named, is over 21 years of age; is last
known to reside at 4008 DARTMOOR DR
MECHANICSBURG PA 17050-2193
County of CUMBERLAND
the United States or
Servicemembers Civil
, Pennsylvania; is not in the military service of
its Allies, or otherwise within the provisions of the
Relief Act and its Amendments.
COMMONWEALJH OF PEW~S\' ,V/\',.;]/\
-------,
i
Amy ~87062
Daniel F. Wo son #20617
Bruce H. Che is #18837
Philip C. Warho1ic #86341
Ronald M. Abramson #94266
Ronald S. Canter #94000
Donald P. Shiffer #89451
Andrew C. Spears #87737
WOLPOFF & ABRAMSON, L.L.P. / Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
267 East Market St., York, PA 17403
917) 846-l25fvj S--
4- day Of/fla,y , 20L.
M~Svf--
Nowrial Stell
Oina A. Sweitzer, Notary Public
City of York, '{ork County
My Commission Expires Apr. 16, 200S
SWORN and SUBSCRIBED to before me this
PNMAFF/PANOJ
W&A FILE NO. 112572890
131
, '
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
No. 043616
Plaintiff
vs.
RACHEL M COOPER
4008 DARTMOOR DR
MECHANICSBURG PA 17050-2193
Defendant (s)
PRAECIPE TO SETTLE AND SATISFY
PLEASE MARK THE ABOVE-CAPTIONED ACTION AS SETTLED, SATISFIED AND DISCONTINUED.
Respectfully submitted,
By: C
~R r-
Amy F. Doy1e- #87062 / Daniel F. Wolfson #20617
Philip C. Warho1ic #86341 / Andrew C. Spears #87737
David R. Galloway #87326 / Tonilyn M. Chippie #87852
Ronald M. Abramson #94266 / Ronald S. Canter #94000
Bruce H. Cherkis #18837
WOLPOFF & ABRAMSON, L.L.P. / Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
4660 Trind1e Road, 3rd Floor, Camp Hill, PA17011
(717) 303-6700
cc:
PAPR4/PA176A
W&A FILE NO. 112572890
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