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HomeMy WebLinkAbout04-3883IN THE COURT OF COM~0N PLEAS OF CUMBERLAND MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 COUNTY, PENNSYLVANIA Plaintiff VS. RANDALL L SLOAN 6175 HAYMARKET WAY MECHANICSBURG PA 17050-5255 CIVIL ACTION - LAW Defendant(s) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NOTICIA Le hah demandado a used en la corte. Si used quarere defensas de esas demandas expuestas en las paglnas, slguientes, used tlene viente (20) dias de plazo al partir de la fecha de lademanda y la notlflatlon. Used debe presentar una apariencla escrlta o en persona o pot abogado y archivar en la corte en forms escrlta sus defensas osus objeclones a last demandas en corta de su persona. Sea avlsado que si used no se deflenda, la corte tomara medldas y psedido entrar una orden contra used sin previo aviso o notificaclon y pot cualquler queja o allvio que es pedldo en la petlclon de demands. Used puede perder dlnero osus propledades o otros derechos importantes 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 TELEFON0 A LA OPICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSITANCIA LEGAL. Law,er Referral Service Cumberland County Bar Assn. 32 S. Bedford St. Carlisle 800-990-9108 PA 17013 CVRNOT/PACCP W&A FILE NO. 115902040 IN THE COURT OF COPLMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff VS. RANDALL L SLOAN 6175 HAYM~KET WAY MECHANICSBURG PA 17050~5255 Defendant(s) COMPLAINT NO. CIVIL ACTION - LAW Now comes the Plaintiff, MBNA AMERICA BANK, N.A. , by and through its attorneys, and the law firm of Wolpoff & Abramson, L,L.P., and files this Complaint and in support avers as follows: Plaintiff, MBNA ~%'{ERICA 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, RANDALL L SLOAN , is an adult individual with a last known address of 6175 HAYMARKET WAY MECHANICSBURG PA 17050-5255 COUNTY OF CUMBERLAND 3. It ~s 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. SO~B1/PACCP W&A FILE NO. 115902040 5. Plaintiff provided Defendant(s) with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned credit card account to which there was no bona fide objection by Defendant(s). 6. Pursuant to the Agreement concerning this account, the parties agreed that this matter be referred to Arbitration in the event of any claim and/or dispute if the account is referred for collection, See Exhibit "A" as previously identified and incorporated herein. 7. This matter was referred to Arbitration for determination and disposition, whereby an Arbitration Award was entered against the Defendant(s) and in favor of the Plaintiff for the outstanding balance due. A true and correct copy of the Arbitration Award is attached hereto, incorporated herein and marked as Exhibit "B". 8. As of the date of this Complaint, the remaining balance due, owing and unpaid on Defendant's credit card account, as a result of charges made by said Defendant(s) and/or any authorized users is the sum of $ 13082.47 9. Despite reasonable and repeated demands for payment, Defendant(s) has/have failed, refused and continue(s) to refuse to pay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff. 10. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, MBNA AMERICA BANK, N.A. , respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant(s), RANDALL L SLOAN , in the amount of $ 13082.47 plus costs of this action and such other relief as the Court deems proper and just. Respectfully submitted, #18837 Philip C. Warhollc #86341 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collectlon 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Plaintiff SOARB2/PACCP W&A FILE NO. 115902040 ATTORNEY VERIFICATION I hereby state that I am the attorney for the Plalntlf£, who is located outside of this jurisdiction and in order to file the within document in an expedlent and timely manner, am authorlzed to take this verification on behalf of said Plalntlff in this action and verify that the statements made in the foregoing Complaint are true and oorrect 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: Daniel F. N~fson #20617 Bruce H. Che~kls #18837 Philip C. Warhollc #86341 WOLPOFF & ABRAMSON, LoL.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. 115902040 EXHIBIT "A" Credit :card!Agreement. Additional Te~$ and. Condi~ How to Use Your A~unt:.....:.;: ............ ~*~ents on Your Account ..................... · We May Amend ThisAt~reement ............. AG Your Contract ' W/tk Us Your credit Card Agreemer!t with us consists of these Additional ~rms and Conditions and the document c~l]ed the Required Federal Disclosures or the Initial Disclosure. You agree to the terms and conditions of this A~reement. For the purpose of the Pd~¢! N0tk~, we will use the deflnttio contstned in the third p~ragraph of the privaq/Notke. For the ~ematnder of the Agreement, we wil! use the clefinitions - ~]~-s~fl~f bfi~e¥*t~'~-cti~ff~e~in~"'Nor/~ U~.d O~n in P~acy Notice ~our pflva~ Is lmpo~n~ to us: At MBNA, we are ~mmi~ to providing you with the finest financial pr~uas and se~ices ~ by consis~ent]l to~ual~ se~. ~d while info~ation a~ut ~u is ~ndament ~o our abfii~ to do this, we fufii r~nize the of ~ping ~onal ~nd a~unt inio~a~ion ~ offer ~u the wide~ range of p~u~s and se~ice MBNA ma~ share information about you ~th within MBNA and outside of MBNA with other core.flies. This allows us to offer you pr~as and se~i~s tha~ ma~ interest ~o~ and best m~t Your needs, whether they are available dire~y from MBNA or through our relationships wi~h o~her:companies. We want ~ou unde~nd our i~fo~atio~ ~f~u~s, wh~t ~ ~fi~, what info~atio~'~e sba~e, and the ~efits you ~ve when we sha~nfo~at~on ~t This notice describes the priva~ pr~aices of Co~ration~nd all MBHA affiliates, including MBN~ ~efi~ Bank, N&., MBNAAmerica.(De]~ware), Pall~disn ~evel 5e~i~s. Inc., MBNA Hallmark Information 5e~ices, In~., MBNA Marketing Inc., and MBffA Insurance ~en~, Inc. 'MBNA'), for financial pr~u~s and semites ~over~e~ b~ the laws of the Unlt~ States of ~eri~. This noti~ explains MBNA'S information co~eaio~ sharing praai~s and lets You choose whether or MBNA ma~ share ce~ain info~atio~ ~ut you, ei~h within MBNA o~ outside of M~NA wi~h other Ou~ Sec~ Proced~: MBNA ~nderstands the im~ance of prote~ing and ~ec~ing info~ation osing it appropriately. Ac~ss~to ~nformation ~ut i~ ~estria~ to the Deople of MBNA who ~uim it p~de pr~uas or seffi~ to ~u, We maintain physi~ et~ronic, a~d procedural safeguards that ~mpl~ wit iederai ~and~ds fo~ the secu~.o[ in{~rmation. When MBNA shares inio~mation abo~ ~ou w~th companies outside of MBN& we mquim them to gm.se s~fetuards, use it onfy fo~ a ~rmitt~ and to tatum it to us o~ destroy it~n~ that pu~ose i se~ed. We ]imi~ the ~mount of ~n{ormation shared tc what is appropriate to offe~ a pr~ua or seffice effi- cie~tfy. MBNA ~uires any com~n~ re~iving infor- mation f~om MBNA to sign a Confidentiafi~ ~reeme co~taining these reqoirements and obligating that company to protect ~he information ~s we would. information We Collect: MBNA collects and uses nonpublic pemona] information about you to condu our business and to consistently deliver the top-qua Customer service you expect from us. Sources of th information include the following: · Information we receive from you on applications and other forms or through your correspondence or 'con'rm~'nicatio~ 'with-c~-fincluding'thmugh 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 Sham Within MBNA: We may shar~ of the information we collect about you with finanda[ s~ ice companies within MBNA to offer additioRa] produ~ sauces that may interest you and best meet your need~ ~Ve believe this is convenient for you and may save you both time and money. To do so, we sham identification information (such as name and address), transaction a: experience information (such as purchases and payme~ credit eligibility information (such as credit reports an~ applications}, and other information. The derision to [ chase any such products or se~ces is yours alone. Yo' may tell us not to sham credit eligibility information at you withir{.Ml3NA, but please understand th'i~ does no~ prohibit us from offering you additional products and services or from sharing transaction and experience. identification, and other information within M~3NA. Information We Share With Othem: From time time. we may allow companies outside of MBNA to c you their products and services that may interest yoc These products and services may be offered by finam service providers (such as banks, loan brokers, accou aggregators, insurance agents, insurance companies, mortgage bankers, and securities broker-dealers), by n financial companies (such as retailers, direct marketer communications companies. Intemet service provide manufacturers, service companies, travel agents, crui lines, car rental agencies, hotels, airlines, publishers and organizations endorsing MBNA financial produ¢ or services), and others (such as nonprofit organizati¢ Subiect to applicable law. we may sham all the infol tion we coltect with these companies-outside of MB unless you tell us not to. ?' Additionally. we may share all the information w~ collect with companies that padorm marketing or c services on our behalf or to other financial instituti with which we have ioint marketing agreements. ~ are also permitted by law to share information abc you with other companies in certain circumstance,~ For instance, we may share eli of the informatior~ ~ collect with companies assisting us in servicing yo loan or ac, c.o,~.nt, with companies that endorse our products an~d:~se~ices through affinity agreements with government entities in response to .subpoenas or regulatory requirements, and with consumer reporting agencies. If you tell us not to share information with companies outside of MBNA that wish to offer you their products and services, as described above, please understand that we will continue to share information in these additional circumstances. ^bout V "r We're "~edicated to serving your needs - and to respecting 'your choices related to privacy. You may tell us not to share credit eligibility information within MBN^. and you may tell us not to share information with companies outside of M~NA that wish to offer you their products and services as described above. If you wish to opt out of such information sharing, please call to,l-free 1-866-75~-1255. We will ask you to verify your identity and the specific accounts to which the opt out applies, so please have all your account, membership, or reference numbers and your Social Security number or Taxpayer Identification'number for deposit accounts available v~hen you call MBNA applies opt outs at the accduht level not ky individual Customer. When any person, listed with othem bn an account opts out (for example, a ~-t~-applicant, joint account'holder, or authorized user), wa'will list the entire account as having opted.out. MJ~NA wiU continue to adhere to its disclosed .privacy pra~ices for an. account even if it becomes inactive oi~ is: closed. An opt out from information sharing on an account as described above, either within MONA and/or with companies outside of MBN^, remains effective unless revoked in writing. Federal ragu~ations require us'to provide this notice on an annual basis/whether or not an account has previously opted out from either type of information shadng. Please remember when you receive our subsequent notices that an account previously opted out from either or both types of information sharing land not revoked in writing) does not need to be opted out again, This notice updates and replaces any previous notices from MBNA about the privacy, security, and protection of information. For additional information regarding MBNA's'privacy practices:concerning the intemet, and to view the most recent.version of this privacy notice, please go to www. mbna.c~m and click on "Privacy Notice." You may have other ~rivacy pro- tections understate laws. We may amend this privacy notice at any time. and we will inform you.of changes as required by law. Words Used Ofi~n in This Agreement "Agreement" or 'Credit Card A~reement' means these Additional Terms and Conditions and, the Requited Federal Disclosures {or the Initial Disclosure~ and any changes we make to those documents from time to time. "You" and 'your" mean each and all ot the persons who are granted, accept or.use an ~ccount we hold. "You and "your' also mean any othEf'~rson who has'guaranteed payment of this account, when used in the sections untitled. We ~ Monitor and Recon~ T~l~p~ont C. alls. and A~itratio~ am1 QtigeU and when used in each of the sections re]a£1ng to ~ this ac~unt IYour Pmm~ ~ Pal. and H~ N~U Your ~e," ~us,".'our' and "MdNA ~eri~' mean MBNA Ame[~Fa Bank, N~. '~rd" means all the credit cards we issue to you and any other ~rson with authod~tion for us~ on th~ pumuant to this ~r~ment. 'Ac~s check" means an ac~ss che~ we provide to y, make a Ch~k Cash Advan~ on your If we use a capitaliz~ te~ in this d~ment but we d d~ine the te~ in this d~ment, the te~ has the mean given in the R~ulred F~emJ Disdosur~ or the Jnitia( Disclosure, or as used Jn your monthly statement. We u~ ~ion headin~ (su~ as, ~0~ U~ ~n i~ ~ ~me~t) to o~gani~ this ~r~ment. The a~ual te~s of ti ~r~ment am in the sentenc~ that ~oll~ and not the h~c Si9~ Your Card You should sign your card ~[om you use it. We May Monier and R~ Template ~ You consent to and authorize MBNA Ameri~. any of It affiliates, or its marketing ass~iates to monitor an~or re any of your telephone convemations with our representat or the representatives of any o[ those companies. Credit ~epo~ing Agencies You a~hori~ MBNA ~efi~ to coil~ Innovation ~u, incJudJng ~r~lt m~ ~m ~nsumer m~lng 1~ you believe we have [umlsh~ inaccurate or in~mph agent, ~rite us at: MBNA, Cred[t Re~ing ~encles, P.C Box 17054. ~ilmin~on, DE 19884-7054, Ptease include name, addr~s, home phone numar, and account num~ and expla)n what you ~)ieve is inaccurate or incomplete. How ~ Use Your A~unt You may obtain c~it in the [orm o[ Purchases and Ca~ Advances by using ca~s. acc~s che~, your account hum or other ~edit d~ices. Please te~er to your Requir~ Fed, constitute Purchases and Cash ~vances and how ~u ma obtain them. Transaction Da~ for ~in ~h The tmnsa~ion date for Che~ ~sh Advan~s and Transfem done by ~ is the ~te you ~f~he ~on to whom the ch~ is made payable fi~ depos[~ or ~h~ t che~. The trensa~ion date [or a retum~ ~yme~[ (a Bat Cash Advance) is the date that the corres~nding paten posted to your a~unt, Purposes for Using Your A~ount You may use your account lot ~na], family, or houset pu~s. You may not use your a~unt for business or comme~iai pu~oses. You may not use a Ch~ Cash Advance, or any other Cash Advance. to make a pa~ent c this or any other cr~it a~unt with us. You may not use o ~rmit your a~.~t t6 ~ us~ [9 make any iilegal transa~ Persons Using Your Accoun! if you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain cr~it on your account, ~u may ~ ~iable ~o~ all whi~ ~u ~y not ha~ in~end~ to ~ liar, ~ ff t~ .: to i~[ormation a~ut the account and its usam as the ~ccount ho(de~, How You May S~p Pa~me~t on an Acces~ Ch~k You may r~u~ a atop ~en~ on an a~ss ch~ ~ p~dl~ us with the ac~ ch~k numar, dollar amount, and ~y~ ~ly as they ap~ on ~he a~ss ch~. Omi and ~- for ~ months ~om ~he day ~het we p~a~ the stop ~enL You May Not Pos~ an A~s Check liable to yo~ for any loss D~ ex~s~ inc~rr~ b~ you Your promise ~ obtain, which includes aH Purchases and Cash Advances~ Paymen~ on Your Account Payment Due shown on ~ur monthly statement by your us at any time. Payments made iff any billing ~cle that are rei~ parents that are not dr~wn in U.S. dollars ~nd When Your Payment Will Be Credi~d ~ Your Account is: (I) r~iv~ by 2 p.m. (Eastern ~meh ~2~ ~e~iv~ st address shown in the up~r 1eh-henri ~mer o~ ~he hont ~o~r monthly statement: (3~ ~i~ with a check 8rewfl in do(~rs o~ a U.S, financial institution or a U,8, dollar money order: and (4) sent in the re[urn envelope with only the top r~ived aker ~ p.m. on any d~y including the Pa~ent Due Dste, but t~t othe~ise m~t the a~ve t~uimments, will be credited as of the next day. Credit Ior any other pa~ents maybe de]ay~ up to live ~ays. How We Aii~a~ Your We ~ll a]l~e ~ents in the manner we dateline. In most instances, we will allocate your payments to balance: lincluding new transactions} with lower APRs before ba~ance~. with higher APRS. This will result in new balances with a lower APR (e.g., thOSe with promotional APR o.fie~} being paid before any other existing balances. Promise to Pay Applies to All Persons .A~I persons,who nltia))y or.~ubsequent)y request, accept, guarantee or use the accotin'~ ~re individua))y and together respoosible for any total outatand ng balance We may refua to release from lability any person who is responsible to paD any tota~ 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 pemon.or parsons repays us the total outstanding balance owed to us at any time under the terms of this A~reement. )efeult You wi]] be in d&fault of this Agreement if: (l) you fail to make any required Total i~inimum Payment Due by its Payme~ Due Date: (2) your total outstanding balance exceeds.your credit limit: or {3) you fail to abide by any other tank of this Agreement. Solely for the purposes of determlnin~ eligibility and premium payment obligations for the optional credit insu ance purchased through MBNA, you will be deemed, n default or delinquent if you fall to make a payment within 90 d~rs of your Payment Due Date, Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. When W~ May Require Immediate Payme! If you are in default we can require immediate payment of your total outstanding balance and. unless prohibited by applicable law and except as otherwise provided under the Ar6itratlon a~8 Litieation section of this Agreement. we can also require you to pay the costs we incur in any collect on proceeding, as well as reasonable attorneys' fees If we refer your account for collection to an attorney who is not our salaried employee. Other Payment Terms We can accept [ate Payments, partial payments, or payme~ with any restrictive writing without losing any oi our rights under this Agreement. This means that no payment, includi those marked wfth "Paid in fu]l" or with any other restrictive words, shall operate as an accord and satisfaction without 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 merit or return it uncredited to the person .that.prea~nt~'t~.il without in either case waiting for the date shown on the check. We are not liable to you for any i0a~ or expense' incurred by you arising out of the act on we. elect to take. Paj~men~ HolidallS '~Ve may allow you. from t me to time, to omit a monthly payment. We will notlhj you when this option )s 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 Maple in Foreign Currencl~ I you make.a t~ansaction n a foreign currency, the iran,, t/on will be co'nv~rted by Visa Interest ona or MasterCard International.. dep~er~ding on which card you use, into a U.~ 6 dollar amount in accordance with the operating regulations or convemion procedures in effeCt at the time that the transaction iS processed. Currently, those regulations and procedures provide that the currency conversion rate robe used is effher ( Ita 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 tor pedormtng the currency conversion serv- 'i-c~caTte'/Tcy co;qve~sion ratLrl'h' effect on the processing r date may differ from the rate in effect on the transaction date or the posting date. Bming Cycle Your billing cycle ends each month on a Closing Date determined by us. Each bil~ing cycle begins on the day after the Closing Data'of the previous billing cycle. Each statemen( reflects s single billing cycle. , Account .Fees~hd' Charges · Account Fee~: The folt~,ving fees, which are set for{h on your Required Federal Disc)c~s~res or Initial DiSClosure. are (~.harged as Purchases i6 the billing cycle in which the iees accsec ( 1 ).a Late Fee if the Total Minimum Payment Due shown on your monthly statement is not ~ceived by.us on or before its payment DueDate;· {2) an Overllmit Fee if your New Balance Total exceeds ~/our credit limit on the·last day of a billing cycle, Rven if fees.or finance charges charge~l~y~g cause your NeW Balance Total to exceed your credit limit; an Overltmit Fee is charged to your account as of the day in the billing cycle that your total out- standing balance on your. account exceeds your credit limit: i3l a Returned Pay~ne~t F~e:if a payment on your account Is returned [or insufficient'funds or for any other reason, even if it s paid upon subsequent 1~resentment; f4) a Returned C~sh Advance Check Fee if we return an access check unpaid for any r~easo~. even ii the access check is paid upon subsequent presentment: 15l a Copy Fee ior each copy o[ a monthly statement or sales draft, except that the six most recent monthly,statements and six sales draks will be provided for free: and (b} an Annual Fee if your account is open or if you maintain an account balance, whether, you have act ve charg ng pr vi egos Or not. Abandoned propertT Char&es: Unless prohibited by applicable ]aw, we will charge your account, as a Purchase, Ior any costs incurred by us associated with complYing with state abandoned property laws. Please review your Required Federal [~isc!osures or Initial Disclosure for additional fees and charges that may apply to ] your account. Benefits -' We may offer you certain beneilLs and services with your account, Unless expressly made a part of this A~reement. any such benefits or services ara not a part'of this Agreement, but are subiect to the terms and restdcti0ns outlined in the benefit~ brochure and other official documents provided to you from time to time by or On behalf of MBNA'.a~'nerica. We may adiust, add, or delete benefits end services a~ any time and without I notice to you. Refusal t~ Honor Your Account We are not liable' f~,~:any iefusaJ to ~onor your accounL This can inc ude a refusal tO honor your card or account number i or any check written on your account. We are not liable for 7 any retentfon of ~ur 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 te nato your right to use your account, We may do this at time and for any reason. Your obligations under this --Agreement.contanue. even-e~te~e have done this. You destroy all cards, access checks or other credit devices or 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 credit devtce~ on the account. Your obligations under th Agreement continue even offer'you have done this. Transactions After. Your Account Is Clot When your account is closed, you must contact anyone authorized to charge transactions to your account, such as intemet sen, ice providers, health dubs or insurance comp~ These transactions may continue· to be charged ~o your accoqnt until you change the billing. Also, ff we believe have authorized a transaction or are attempting to use y( account after you have requested to close the account, w may allow the transaction to be charged to your account. We Ma~ Amend This Agreement '~e may amend this Agreement at any time. We may amend ~t by adding, deleting, or changing provisions of t Agreement. When we amend this Agreement we will con with the applicable notice requirements of federal and Delaware aw that are 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 right to receive credit and may ask y, return aU credit devices as a condition of your reiectJon. amended Agreement lincluding any higher rate or other I charges or fees) will apply to the total outsta nding baler including the balance existing before the amendment bec:aa effective. We may replace your card with another ca rd at an,, 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 account, Agreement. or our rights or obiigations under your acco1 this Agreement to any person or ant ty, 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 Your Credit Limit Your credit limit is disclosed to you when you receive Credit Available does not take into account any Purchas or credits which post to your account after the Closing your credit limit being exceeded and result in the asses of Overlimit Fees. What We May DO if You Attempt to Exceed Your credit Limit The total outstanding balance on your accu~nt plus authorizations at any time must not be more than your credit limit. If you attempt a transection which results in your total outstanding balance (plus authorizationsl exceeding your credit limit, we may: (I.) permit the transaction without raising ¥oarcredff-~imit:~2)'permit-thet'ransaction and. treat the amount of the transaction that is more than the credit limit : as immediately due: or (3! refuse to permit the transaction. I[ we tel*use to permit the transaction, we may advise the person ~vho attempted the transaction that it has been refused. I[ we refuse to permit a Check Cash Advance or 8elanco Transfer, we may do so by advising the person presenting the Chec~ Cash Advance or Se[anco Trans(er that credit has been re[used, that th&re are insufficient funds to pay the Check Cash Advance or Balance Transfer. or in any other manner. Ii we have previ0uaiy permRted you tO exceed you~ credit it does not mean that ~ve wt~[ permit you to exceed ~ou~ credit limit again, if we deride to permit you to exceed your credit limit. we may charge an Overllmit Fee as provided in this Agreement. Unauthorf~d Use of your Card Please not!JY us immediately o! the Iosa. theE. or possible unauthorized.use oi~ your account at 1-600-4:2 I-2 I You Must Nottf!l Us When You Change Your Address ~/e strive to .k~ep accurate records for your benefit and ours. The post office arLd others may notify us of a change tO your address. When you change your address, you must notify us promptly of your new address, What Law Applies This Agreement is made In Delaware and we extend credit to you from Delaware. This Agreement ia governed by the laws of the State of Delaware (without regard to its conflict of laws prJnciplesl and by any appJicable federal laws. The Provisions of This Agreement are Severable Ii any provision.o[ this Agreement is found to be invalid, the remaining provisions will continue to be effective. Our Right~ Continue Our failure or delay'in exercising any of out dghts under this Agreement does not mean that we are unable to exercise those rights later. Arbitration and Litigation This Arbitration and Litigation provision applies to you unless you were given the opportunlt7 to reiect the Arbitration and Litigation provisions and you did so reiect them in the manner and timefrarne required. If you did reject effectively such a provision, you agreed that any litigation brought by you against us regarding this account or this Agreement shaJJ be brought in a court located in the State of Delaware, Any claim or dispute ("Claim"l by either you or us against the other, or against the empJoyeex, agents or assigns of the other, arising from or re)at[ng in any way to this Agreement or any prior Agreement or your account Iwhether under a statute, in contra'~'.~..~, or othenvi~e and whether for money damages, penalt)es-'~'~deciaratory or equitable relief), including Claims regarding t~e applicability of this Arbitrationand Litigation Section or the validity of the entire Agreement or any prior Agreement, shall be resolved by binding arbittati~: The arbitration shall be conducted by th~ National Arbitrati Forum ('NAr'). under the Code o~ Procedure in effect at the ti~ the Claim is flied. Rules and forms ortho National Arbitration Forum may be obtained and Claims may be filedat any. Natio~ __Arbit0a~Jl~L.Eo~r~_offi.c.e_. www. arb-fomm:com, or P,O. Box Minneapolis. Minnesota ~40~. telephon~ ~Td~:?~/~'~ NAF is unable or unwilling to act aa arbltrstor, we may sub stitute another nationally recognized, independent arbitratt organization.that uses a similar code of procedure, At yom written request, we will advance any arbitration filing lee. administrative and hearing lees which you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimate]y responsib]e for paying those lees. in no event will you be required to reimbprse us [ora arbitration filing, administrative or hearing fees in an greater than what your court costs would have been if the Claim had bee~ resolved in a state court with iurlediction. Any arbitration hearing at which you appear.wiU take place within the federal udiclal district that includes ~'our billing address at the time the Claim is flied. This arbitration agr~ meat is made pursuant to a transection involvh~g,interatab commerce and shall be governed by the Federal A~bi~ratior Act. 9 U.S.C. §§ I- 16 ('FAA'I. ludgmedt upon any arbl(retic award may be entered in any court having iurisdi~ion. The arbitrator shall folJow existing substantive la~v to the extent consistent with the FAA and applicable statute~ of limitation and shal) honor any claims or privi]ege recognlaed'by law. pa~7 reque~s, the arbitrator shall write an opinion.containir the reasons ~r the award. No Claim submitted to arbitration is heard by a jury an( no Claim may be brought as a class action or as a private attorney general. You do not have the right ~o act as a cla~ representative or participate as a memberof a class of claimants with respect to any Claim, This Arbitration and Litigation Section applies to ail Claims now in existence o that may arise in the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any volunta payment, of the debt in full by you. any bankruptcy by you sale o[ the debt by us. For the purposes of this ArbitrstJon and.Litigation Secti "we' and ~us" means MBNAAmerica Bank, N,A., its parent subsidiaries, affiliates, licensees, predecessors, successor: assigns, and any purchaser of your account,~and al? of thai officers, directors, employees, agents a~d assigns or any a all of them. Additionally. 'we' or '~)s' shall mean any thir¢ party providing benefits, services, or products in connecti~ with the account lincluding but not limitt[~ to credit bure; merchants that accept any cradit device I%s. ued.under the account, rewards or enrolJment services, credit'Jnsurance companies, debt collectors and all of theil; officers, direcr~ employees and agents) if. and onlyif, such e third party it named by you as a c~-defendant in any C]aim )'ou assert against us. If any part of this Arbitration and Litigation Section is found to be invalid or unenforceable under any law or sta consistent with the FAA, the remainder o[ this Arbitration Litigation Section shaft be enforceable without;regard to invalidity or unenforceabilit¥. THE RESUbT*.OF THIS ARSJjTRATION AGREEMENT IS EXCEPT AS PR~, 'IpED ~BOVE;CLAIMS CANNOT BE LIT GATED IN COURT, INCLUDING SOME CLAIMS THAT COL 10 !CREDIT INSURANCE BENEFITS, tLIMITATIONS, COSTS & EXCLUSIONS !CREDI? INsURANcE IS.' NOT A DEPOSIT; 'NOT FDIC- ~ disability in MNJ. until you r~tum to work·* ~WA, ~ & ~), or $2~,~ ~f you die. ~t ~ One insured ~r accoum (insured mu~t be the { or (am y cave ~nefits. you must ~ gain~lly em~o~ ' ~ res(Chat(on voJunta~ ~er[eitum of n~me or ~ob loss due to Family leave benefits are not paid If you are eligible for receiving unemployment benefits or are disabled. This is only a brie[.clescription of coverage, and coverages vary by state, Please refer to your certificates for a fuji explanation of coverage. Costs oar $ I O0 Der Month of Averace Dalh, Balance= ' Costs apply to Lite (L). DisabiIFty (DJ. U~empioyment (U) & FamiFy Leave IF.)_: 4~' 54.5~:; AK 78c AZ 99.9c AR 99c: 89.9C; CO 50.66C: CT 42.~D£ 9~.9c; DC 99;-~;'FL 89¢:'C.,A* · ' 90.8¢: HI 89.91c: ID 99.5¢ (L 8:~:, D i6.9c, U 54¢, F 20¢); IL : 80.97C; IN 9~¢: IA 97.8C (L 7.2¢, D 16.(X:, U 54C, F 20CJ; KS 85.47¢; KY 97.4C: LA 99.93¢; M£'53.05¢;'MD 79.74C; MA MI 85.7c; MN 31.47C; MS 92.5C; MO 61.1C; MT 93.9¢; NE 95.8c: NV 99.87C; NH 95C; N| 97C; NM 58.9C; NY 52,~C (L 8.8C. D 26.8C, U 16.9C}; NC 71.3¢; ND 94.97C; OH 99.9C; OK 97.47C; OR 80.8C; PA 38.1C; PR 99C~ P.! 99.8C; SC 78.8c: SD 99.9C; TN 92.5¢; TX 33.?C IL 4.~C, D [2.9C. U [~): UT 90.44c; VT 34.92¢ (L 6.68C, D ]2.24¢, F i6C); VA84C (L 6.1C, D 8.9¢. U49¢, F 20C): WA 89.39C; WV 99.5C; WI 93.6C (L 5.7C, D 8.9C, U 59C, 20c) & WY 99.7c. Avallablll.: Involuntary Unemployment is not available In MA OTVT. Family Leave is not available in AL, CT, MA, MD. MN. NM, NY, PA. or TX. Under'&tttin~ Com~anl~r,/Pellcrf: involuntary Unemployment: American Secvrity/LOl(5/85), LOI AS LOI T'AI I J/Pc)). I.OIC-IP-KSIZtgO). LOiC-lP-CR.$-MEF5/85) and bOIC-IP; Standard Guaranty/SC, LOI J5/85) JNH only). Life & Disability: Union Security Life/L-i-z, L-S-G in AL. AZ, AR, DE, DC. iD, iL. iA, KS. LA, MD. MN, MS, NY. ND, OH, OK. Ri. SD. V~,.WA. WV 6 WY: Standard Guaranty Life (TX rmlyl/ L-I-Z(8/g2FI3.53RA), First Fortis Life (NY Life only)/NYLM00 ] American Security (NY Disabill'~ only}/9/-SoA, ForUs. insurance IME only)/U-X-A. Family Leave: American Security,'FLP {4/97}. FLP-FLIi2JP?) in FL, FL,p-NC {3/98) in NC, FLP-OKJ4/9?) in OK, FLP-¥AJ2.~G) in 'vA. FL-IPJAZ)I?/PBJ in AZ, FL-IPJ,~97) in IL & IN; FL-iD.KS J $ Z,~)7) in Y~S. FL4P-NI£ 14/99) in MF_: FL-IP-'Pff (4/97) in WY: Standard C,uaranty/FLP (4/97) in NH: Union Security Mfe/FLP-VT(4/97} in VT Soliciting agents for Mississippi and Florida are Charles M. C,otdon and Pamela Curtis respectively. The creditor may receive compensation in connection with this offer. It is a crime to provide false or misleadin~ information to an insurer for the purpose of defrauding the insurer or any other [De/son, Penalties include imprisonment and/or fines. In addition. an insurer may deny insurance benefits IF False information materially related to a claim was provided by the applicant. 'Less past due and over credit limit amounts. In h, tJ. cover- a~e pays 7% o! the balance on your date of disability up to $1250. In OR. coverage pays tbe.ereater of l,'~6th of the bal- ance or the current minimum payment due og. your date of loss. In NY & PA. coverage pays the minimum, payment due on your date of loss, In 'IX. coverage pays the ~reater of 5% of your insured outstandln~ balance on your date of unemploy- ment or your minimum monthly payment. · *The number of monthly bet*~efit payments wiJJ n~ exceed g for lamiJS' leave; i2 for unemployment in AL. AK. CT. IL, MI, MN, MO, NM, NC, NY, PA. SC & 'iX; 12 for disability in AK, CO. C~. FL. KY. MA. MO. MT. NE. NH. NM. NC, OR, SC. UT & VA. NY, NJ & TX Residents O~= TO purchase coverages separately, write to Assurant C,roup, P. O. ~3x 50355. Attanta..GA 30302. P43pl cat ohs w {I be sent to you. 12 ~1 1/1 EXHIBIT "B" MBNA America Bank, N.A. c/o Wolpoff & Abramson, L.L.P. Attorneys in thc Practice of Debt Collection 702 King Farm Blvd, Two Irvington Centre Rockville, MD 20850-5775 CLAIMANT(s), Randall L Sloan 6175 Haymarket Way MECHAN1CSBURG, PA 170505255 111 NATIONAL ARBITRATION FORUM ® AWARD MBNA America Bank, N.A, v Randall L Sloan File Number: FA0401000231019 Claimant File Number: 5490992779222433 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: 1. That no known conflict of interest exists. 2. That on or before 01/22/2004 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 flied 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 $13,082.47. Entered in the State of Pennsylvania Arbitrator Date: 05/21/2004 ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly entered and the Forum hereby certifies that a copy of this Award was sent by first class mail postage prepaid to the parties at the above referenced addresses on this date. Honorable Harold Kalina, Ret. Director of Arbitration 05/21/2004 SHERIFF' S RETURN ~ REGULAR CASE NO: 2004-03883 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MBNA AMERICA BANK NA VS SLOAN RANDALL L CPL. MICHAEL BARRICK , Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE SLOAN RANDALL L DEFENDANT , at 1229:00 HOURS, at 6175 HAYMARKET WAY MECHANICSBURG, PA 17050 SUSAN SLOAN, WIFE a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the llth day of August by handing to the , 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 8.14 Affidavit .00 Surcharge 10.00 .00 36.14 Sworn and Subscribed to before me this j~ day of 1~r~thonotary , ! - So Answers: R. Thomas Kline 08/12/2004 WOLPOFF & ABPJtMSON ~-~-~ DeputUf Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 No. 043883CI¥IL : Plaintiff vs. RANDALL L SLOAN 6175 HAYMARKET WAY MECHANICSBURG PA 17050-5255 : Defendant PRAECIPE TO SETTLE AND SATISFY PLEASE MARK THE ABOVE-CAPTIONED ACTION AS SETTLED, SATISFIED AND DISCONTINUED. Respectfully submitted, By: Am~ ~#87062 Bruce H. Cherkls #18837 Philip C. Warhollc #86341 WOLPOFF & ~R~tSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Plaintiff cc: PAPR4/PA176A W&A FILE NO. 115902040