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HomeMy WebLinkAbout04-4388IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, MBNA AMERICA BANK, N.A. N0. Qt{ - L,~~~ 655 PAPER MILL ROAD MAIL STOP 1411 . WILMINGTON DE 19884-1411 Plaintiff VS. GERALD E COY SR GLORIA J COY 116 NEIL RD SHIPPENSBURG PA 17257-9416 Defendant(s) NOTICE CIVIL ACTION - LAW PENNSYLVANJNIA ~~ v i 1,~~1 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 hen demandado a used en la torte. Si used quarere defensas de esas demandas expuestas en las paginas, siguientes, used tiene viente (20) dies de plazo al partir de la fecha de lademanda y la notifiation. Used debe presenter una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a last demandas en torte de su persona. Sea avisado que si used no se defienda, la torte tomara medidas y psedido entrar una Orden contra used sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Used puede perder dinero o sus propledades o otros derechos importantes pars used. LLEVE ESTA DEMANDA A UN ABODOAGO IMHEDIATAMENTE. 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 PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSITANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Assn. 32 S. Bedford St. Carlisle PA 17013 800-990-9108 CVRNOT/PACCP W&A FILE N0. 110351085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HBNA AMERICA BANK, N.A. NO. ~~. C~~~~ ~(U~~~rel2_ 1 655 PAPER MILL ROAD MAIL STOP 1411 . WILMINGTON DE 19884-1411 Plaintiff VS. CIVIL ACTION - LAW GERALD E COY SR GLORIA J COY 116 NEIL RD SHIPPENSBURG PA 17257-9416 Defendant(s) COMPLAINT Now comes the Plaintiff, MBNA AMERICA BANK, N.A. by and through its attorneys, and the law firm of Wolpoff & Abramson, L.L.P., and files this Complaint and in support avers as follows: 1. Plaintiff, MBNA AMERICA BANR, 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, GERALD E COY SR a last known address of 116 NEIL RD SHIPPENSBURG PA 17257-9416 COUNTY OF CUMBERLAND is an adult individual with 3. Defendant, GLORIA J COY a last known address of 116 NEIL RD SHIPPENSBURG PA 17257-9416 COUNTY OF CUNBERLAND is an adult individual with SOARBI/PACCP W&A FILE N0. 110351085 4. 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". 5. 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. 6. 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). 7. 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. 8. 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". 9. 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 $ 14710.86 . 10. 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. 11. 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), GERALD E COY SR and GLORIA 7 COY , in the amount of $ 14710.86 plus costs of this action and such other relief as the Court deems proper and just. Respectfully submitted, ~~ ~, ~~~ Amy F, oyl ~~ 7062 Daniel F. lfson ~~20617 Bruce H. Ch rkis ~~18837 Philip C. Warholic x/86341 WOLPOFF & ABRAMSON, L.L.P, Attorneys in the Practice of Debt Collection 267 East Market Stree[ York, PA 17403 (717) 846-1252 Counsel for Plaintiff SOARB2/PACCP W&A FILE N0. 110351085 .....v ATTORNEY VERIFICATION I hereby state that I am the attorney for the Plaintiff, who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, am authorized to take this verification on behalf of said Plaintiff in this action and verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Amy F. Doy ~{87062 Daniel F. lfson ~~20b17 Bruce H. C erkis ~~18837 Philip C. Warholic ~t86341 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 N0. 110351085 5139 EXHIBIT "A" _ .., Credif-Card Agreement :. Additional Terms and Conditions t., ~~•'Y~~~{~~~~~ ~Prsvacy•h30tic~"::3....: ;~;;vsti;.-`_;.'fi:_ ^''iSttvracy of IhfonnaYmtr`RnmtsAedta " Credit Reporting Agencies ..:.........._,...._..4 ^ How to Use Your Account .:....:..:...'...........4 ".:; _ - _. ^ Payments on Your Account ......................5 ' ~ NEXT9C Your Contract With Us Ypur Credit Card Agreement with us consists of these Additional Terms and Conditions and the document Called thGRequired Federal Disclosures or the Initial Disclosure. Yoyr~agree to the terms and conditions of this Agreement. Fotthe purpose of the Pdvacy Notiu, we will use the definition contained in the third paragraph of the Privacy Notice. For [hesremainder of the Agreement, we will use the definitions described under [he section heading Words Used Ojlen in This.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-qualir service. And while information about you is fundamental to our ability ro do this, we Fully remgnfze the importanct of keeping personal and acmunt information secure. To offer you the widest range of products and services. MBNA may share information about you both within MBNA and outside of MBNA with other companies. This allows us to offer you produtts and services that may interest you and best meet your needs, whether they are available directly From MBNA or through our relationships with other companies. We want you to understand our information safeguards, what information we collect, what information we share, and the benefits you receive when we share information about you. This notice describes the privacy practices of MBNA Corporation and all MBNA affiliates, including MBNA America Bang. N.A., MBNA America IDelawarel, N.A., Palladian Travel Services, Inc.; MBNA HaNmark Information Services, InC.,~MBNA Marketing Systems, Inc., and MBNA Insurance Agency, Inc. (collectively,. "MBNA'.1, for financial products and services governed by [he laws of the United Slates of America. This notice explains MBNA's information collection and sharing pracices and lets you choose whether or not MBNA may share certain information about you, either within MBNA or outside of MBNA with other companies Our Security Procedures: MBNA understands [he importance of protecting and securing information and using it appropriately. Access to information about you is restricted to [he people ofMBNA who require it to provide produRS or services to yoU. We maintain physical, electronic, and procedural safeguard: that comply with federal standardsfor the security of information. When MBNA shares information about you with companies outside of MBNA, we require them to impose safeguards, use it only for a permitted purpose and to return it to us or destroy it once that purpose is served. We limit the amount of information shared to what is appropriate to offer a product or service effi- ciently. MBNA requires any company receiving infor- mation from MBNA to sign a Confidentiality Agreemen containing these requirements and obligating that company to protect the information as we would. Information We Collect: MBNA collects and uses nonpublic personal information about you to conduct our business and to consistently deliver the top-quality Customer service you expect from us. Sources of this information include the following: • Information we receive from you on applications and other forms or through your correspondence or communication with us including through the mail. by telephone, or over the Internet: • Information we receive from third parties, such as consumer reporting agencies, to verify statements you've made to us. or regarding your employment. credit, or other relationships: and • Information about your transactions with MBNA and with other companies outside of MBNA. Information We Share Within MBNA: Wemay share all of the information we collect about you with finandal service companies within MBNA to offer additional products or services that may interest you and best meet your needs. We believe this is convenient for you and may save you both time and money. To do so, we share identification information Isuch as name and address). transaction and experience information Isuch as purchases and payments). credit eligibility information Isuch as credit reports and applications), and other information. The decision [o purchase any such prod• utts or services is yours alone. You may tell us not to share credit eligibility information about you within MBNA, but please understand this does not prohibit us from offering you addi[iohal products and services or from sharing transacion and experience. identification, and other information within MBNA. Information We Share With Others: From time to time. we may allow companies outside of MBNA to offer you their products and services that may interest you. These products and services may be offered by financial service providers isuch as banks, loan brokers, account aggregators, insurance agents..insurance companies. mortgage bankers. and securities broker-dealers), by nonfinancial companies isuch as retailers, direct mar- keters, communications companies. Internet service providers, manutacturers, service Companies, travel agents, cruise lines, car rental agencies, hotels, airlines, publishers, and organizations endorsing MBNA financial products or services). and others (such as nonprofit organizations). Sublet[ to applicable Vaw, we may share all the information we collect with these companies out- side of MBNA, unless you tell us not Co. Additionally, we may share all the information we Collett with companies that perform marketing or other services on our behalf or to other financial institutions with which we have Joint marketing agreements. We are also permitted by taw to share information about you with other companies in certain circumstances. For instance, we may share all of the information we collect with companies assisting us in servicing your loan or account, with companies that endorse our -products and SetVices through affinity agreements, with government entities in response io subpoenas or regulatory. requirements: and with consumer reporting agencies. if you tell us not to share information with companies outside of MBNA-thaC wish to offer you their products and services, as described above, please understand that we will continue to share information in these additional circumstances. Important Information About Your Choieec We're dedicated to serving Your needs -and to respecting your choices refaced 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 serv- ices as described above. If you wish to opt out of such information sharing, please call to11•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 all your account, membership, or reference numbers and your Social Security number or?axpayer Identification number for deposit accounts available when you call. MBNA applies opt outs at the aaount level, not by individual Customer. When any person listed with others on an account opts out (for example, a to-applicant, joint acmunt holder, or authorized user), we will list the entire account as having opted out. MBNA will continue to adhere [o its disclosed privacy practices for an account even if it becomes inactive or is closed. An opt out from information sharing on an account as described above, either within MBNA and/or with companies outside of MBNA, remains effective unless revoked in writing. Federal regulations require us to provide this notice on an annual basis, whether or not an account has previously opted out from either type of information sharing. Please rememberwhenyou 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 Internet, and to view the most recent version of this privaty notice, please go to www.mbna.com and click on "Privacy Notice." You mayhave other privacy pro- tections under state laws. We may amend this privacy notice at any tune, and we will inform you of changes as required by law. Words Used O/ten in This Agreement "Agreement" or "Credit Card Agreement" means these Additional Terms and Conditions and the Required Federal Disclosures for the Initial Disclosure) and any changes we make to those documents from time to time. "You` and "your" mean each and all of the persons who are granted. accept, or use an acmunt we hold.."1'ou"and "your" also mean any other person who has guaranteed payment of this attount, when used in the sections entitled We May Mannar and Rewrd Telephone Calls and Arbitration and Litigation and when used in each of the sections relating [opayment of this account (Your Pmrniuto Poy and Haw we Albr4te Your Poymrnts. For exampiel "We," "us,"'our', and "MBNA America" mean MBNA America Bank, N.A. "Card` means all the credit cards we issue to you and to any other person with authorization to use this account pursuant to this Agreement. "Access check" means an access check we provide to you t make a Check Cash Advance on your account. If we use a Capitalized term in this document but do not define the term in this document. [he term has the meaning given in the Required Federal Disclosures or the Initial Disclosure or as used in your monthly statement. We use section headings (such as Wards Used Often in Tk Agreement) to organize [his Agreement. The actual terms c this Agreement are in the sentences that follow and not, the headings. Sign Yaur Card You should sign your card before you use it. We May Monitor and Record Telephone Calls You consent to and authorize MBNA Amenca, any of its affili aces, or its marketing associates to monitor and/or record ar of your telephone conversations with our representatives or the representatives of any of those companies. Credit Reporting Agencies You authorize MBNA America to Collett information about you, including credit reports from consumer reporting agencie If you believe we have furnished inaccurate or incomplete information about you or your account to a credit reporting agency, write us at MBNA, Credit Reporting Agencies, P.O. Box 17054, Wilmington. DE 19884-7054. Please include you name, address. home phone number, and account number, and explain what you believe is inaccurate or incomplete. How to Use Your Account You may obtain credit in the form of purchases and Cash Advances by using your cards. access checks. account num- ber, or other credit devices. Please refer to your Required Federal Disclosures or Initial Disclosure to determine what transattions constitute Purchases and Cash Advances and how you may obtain them. Transaction Date /or Certain Cash Advanu The transattion date for Check Cash Advances and Baler Transfers done by check is the date you or the person to whom [he check is made payable first deposits or cashes tf check. the transaction date For a returned payment (which will then be classified as a Bank Cash Advance) is the date that the corresponding payment posted to your account. Purposes (or Using Your Account You may use your attnunt for personal, family, or househ 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 o this or any other credit account with us. You may no[ use o permit your account to be used to make any illegal transacti Persons Using Your Account If you permit any person to use your card, access chec account number, or other credit device with the authorizer to obtain cred;t_pn your account. you may be liable for a transactions mzde by that person, including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. How You May Stop Payment on an Access Ckeck You may request a stop payment on an access check by providing us with the access check number, dollar amount, and payee exactly as they appear on the access check. Oral and written stop payment requests on an access check are effective for six months from the day that we place the stop payment. You May Not Postdate an Access Check You may not issue a postdated access check on your account. If you do postdate an access check, we may elect to honor it upon presentment or return it unpaid to the person who presented it to us for payment, without, in either case, waiting for the date shown on the access check. We are not liable [o you for any loss or expense incurred by you arising out of the action we elect to take. Your Promise to Pay You promise to pay us the amounts of all credit you obtain, which includes all Purchases and Cash Advances. You also promise [o pay us all the amounts of finance charges. Fees, and any other transactions we charge against your account. Payments on Your Account You must pay each month a[ least the Total Minimum Payment Due shown on your monthly statement by your Payment Due Date. You may pay [he entire amoubt you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due. will not affect your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will reject payments that are no[ drawn in U.S. dollars and those drawn on financial institutions located outside [he United States. Payment of your Total Minimum Payment Due may not avoid the assessment of Overlimit Fees. When Your Payment Will Be Credited to Your Account We credit payments as of the date received, if the payment is 11) received by 2 p.m. (Eastern Time): 121 received at the address shown in the upper leh-hand corner o(the Front of your monthly statement: 131 paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order: and 14) sent in the return envelope withonly the top portion of your statement accompanying it. Payments received aher 2 p.m. on any day, including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days. How We Allocate Your Payments We will allocate your payments in the manner we determine. In most instances. we will allocate your payments tb balances lincluding new transactions) with lower APRs before balances with higher APRs. This will result in new balances with lower APRs (such a5 thtue.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 responsible for any total outstanding balance. We may refuse to release From liability any person who is responsible to pay any total outstanding balance, until all of the cards, access checks, and other credit devices outstanding under the account have been returned to us and any such person or persons repays us the total outstanding balance owed to us at any time under the terms of this Agreement. Default You will be in default of this Agreement it: (I) you fail to make any required Total Minimum Payment Due by its Payment Due Date: 12) your total outstanding balance exceeds your credit limit: or 131 you fail to abide by any other term of this Agreement. Solely for the purposes of determining eligibility and premium payment obligations For the optional credit insurance purchased through MBNA. you will be deemed in default or delinquent if you Fail to make a payment within 90 days of your Payment Due Date. Our failure to exercise any c our rights when you default does not mean that we are unable to exercise those rights upon later default. When We May Require Immediate Paymen If you are in default, we can require immediate payment of your total outstanding balance and, unless prohibited b~ applicable law and except as otherwise provided under the Arbitration and Litigation section of this Agreement we can also require you to pay the costs we incur in any collection proceeding. as well as reasonable attorneys' lees if we refe your account for collection to an attorney who is not our salaried employee. Other Payment Terms We can accept late payments. Dartial payments, or pay- ments with any restrictive writing without losing any of our rights under this Agreement. This means that no payment. including those marked with "Paid in full" or with any other restrictive words, shall operate as an accord and satisfattic without the prior written approval of one of our senior offic You may not use a postdated check to make a payment. If you do postdate a payment check, we may elect to honor i upon presentment or return it uncredited to the person wf presented it, without, in either case, waiting for [he date shown on the check. We are not liable to you for any loss or expense incurred by you arising out of the anion we elect to t Payment Holidays We may allow you, from time to time, [o omit a month payment. We will noCify you when this option is available you omit a payment, finance charges and any applicable will accrue on your account in accordance with this Agreement. You must resume making your Total Minimu Payment Due each month following a payment holiday. Transactions Made in Foreign Currenc If you make a transattion in a foreign currency, the trans. will be convened by Visa International or MasterCard International, depending on which card you use, into a t dollar amount in accordance with the operating regulatio conversion procedures in effect at the time that the trans is processed. Currently. those regulations and procedur provide [Harthe. Currency conversion rate [o be used is I l i a wholesate`marketrate ok121 a governmenomandated rate in effect one day prior to the processing date, increased by one percent in each case. Visa or MasterCard retains this one percent as compensation for performing the currency conversion service. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. Billing Cycle Your billing cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the day aher ' the Closing Date of the previous billing cycle. Each statement reflects a single billing cycle. Account Fees and Charges Account Fees: The following tees. which are set Forth in your Required Federel Disclosures or Initial Disclosure. are charged as Purchases in the billing cycle in which the fees accrue: 11I a Late Fee if the Total Minimum Payment Due shown on your monthly statement is not received by us on or before its Payment Due Dale; I~) an Overllmit Fee if your New Balance Total exceeds your credit limit on the last day of a billing cycle, even if fees or Finance charges charged by us cause your New Balance Total to exceed your credit limit; an Overlimit Fee is charged to your account as of the day in the billing cycle that the total outstanding balance on your account exceeds your credit limit, 131 a Returned Payment Fee if a payment on your account is returned for insufficient funds or for any other reason, even if it is paid upon subsequent presentment: (al a Returned Cpsh Advance Check Fee if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment; f5) a Copy Fee for each copy of a monthly statement or sales drab, except that the six most recent monthly statements and six sales drabs will be provided for Free; and 161 an Annual Fee if your account is open or iF you maintain an account balance, whether you have active charging privi- leges or not. Abandoned-Property Charges: Unless prohibited by applicable law. we will charge your account, as a Purchase, for any costs Incurred by us associated with complying with slate abandoned-property laws. Please review your Required Federal Disclosures or Initial Disclosure for additional Fees and charges that may apply [o your account. Benefits We may oiler you certain benefits and services with your account. UnleSS expressly made a paR of this Agreement, any such benefits or services are not a part of this Agreement but are sublect to the terms and restrittions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of MBNA America. We may adjust. add, or delete benefits and services at any time and without notice to you. Refusal to Honor Your Account We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your acinunt. We are not liable for any retention of your card by us, any other bank. or any provider of goods or services. We May Suspend or Close Your Account We may suspend or close your account or otherwise terming your right to use your account. We may do this at any time and for any reason. Your obligations under this Agreement mntinu~ even aher we have done this. You must destroy all cards, acces checks, and other credit devices on the account when we reque: that you do so. You May Close Your Account You may close your account by notifying us in writing or t telephone and destroying all cards, access checks, and other credit devices On the account. Your obligations under this Agreement continue even aher you have done this. Transactions After Your Account Is Closea When your account is closed. you must contatt anyone authorized to charge transactions to your account, such as Internet service providers. health clubs, or insurance companies These transactions may continue to be charged to your account until you change the billing. Also. if we believe you have authorized a transaction or are attempting to use your account aher you have requested to close the account, we may allow the transaction to be charged to your account. We May Amend This Agreement We may amend this Agreement at any time. We may amend it by adding. deleting. or changing provisions of this Agreement. When we amend this Agreement, we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. If an amendmen gives you the oppottunity to reject the change, and if you reject the change in the manner provided in such amend- ment. we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your resection. The amended Agreement (including any higher-ray or other higher charges or fees] will apply to the total out- standing balance, including the balance existing before the amendment became effettive. We may replace your card wit. another card at any time. We May Sell Yaur Account We may a[ any time, and without notice to you, sell, assigi or transfer your account. any sums due on your account, this Agreement, or our rights or obligations under your account c Chis Agreement to any person Or entity. The person or entity to whom we make any such sale, assignment or transfer shat be entitled to all of our rights and/or obligations under this Agreement to the extent sold, assigned or transferred. Your Credit Limit Your credit limit is dlsclgsed to you when you receive yow card and, generally, on each monthly statement. We may change your credit limit from time to time. . The amount shown on your monthly statement as Cash or Credit Available does not take into account any Purchases. Cash Advances. finance charges. fees, any other transacions, or credits that post to your account aher the Closing Date or that monthly statement. Such transactions could result in your credit limit being exceeded and result in the assessmen of Overlimit Fees. What We May Do if You Attempt to Exceed Your Credit Limit The total outstanding balance on your account plus authoriza- tions at any time mast not be morethan your credit limit. If yot attempt a trarisaaion that results in your total outstanding bal- ance (plus authorizations) exceeding your credit limit, we may 111 permit the transaction without raising your credit limit: 12) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or 13) refuse to permit [he transaction. If we refuse to permit the transaction, we may advise the person who attempted the transaction that it has been refused. If we refuse to permit a Check Cash Advance dr Balance Transfer, we may do so by advising [he person presenting the Check Cash Advance or Balance Transfer that credit has been refused, that there are insufficient funds to pay the Check Cash Advance or Balance'IYansfer, or in any other manner. If we have previously permitted you to exceed your credit limit, it does not mean that we will permit you to exceed your credit limit again. I( we decide to permit you to exceed your credit limit, we may charge an Overlimit Fee as provided in this Agreement. Unauthorized Use o~Your Card Please notify us immediately of the loss, theft, or possible unauthorized use of your account at I-800-789.6701. You Must Notify Us When You Change 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 you change your address, you must notify us promptly of your new address. What Law Applies This Agreement is made in Delaware, and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware Iwithou[ regard to its conflict of laws principles) and by any applicable federal laws. The Provisions of This Agreement Are Severable I(any provision of this Agreement is found to be invalid, the remaining provisions will continue to be effective. Our Rights Continue Our failure or delay in exercising any of our.rights under 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 opportunity to rejett the Arbitration and Litigation provisions and you did so relect them, in the manner and timeFrame required. If you did reject effectively such a provision, you agreed that any litigatiolt brought by you against us regarding this account or this Agreement shall be brought in a court located in the Slate of Delaware. Any claim or dispute S-Claim-) by either you or us against the other, or against the employees, agents, or assigns of the other, arising From or relating in any way to this Agreement or any prior Agreement or your account (whether under a statute, in contract. tort. or otherwise and whether for money damages, penalties, or dedara[ory or equitable relief 1. including Claims regarding the applicability of this Arbitration and Litigation section or the validity of the entire Agreement or any prior Agreement. shall be resolved by. binding arbitration. The arbitration shall be mndutsed by the National Arbitration Forum I"NAF'{, under the C621e of Procedure in effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.arb-forum tom or P.O. Box 50191. Minneapolis, Minnesota 55405, telephone I-800.47a•I371. If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbi- tration organiiatlon that uses a similar code of procedure. A[ your written request, we will advance.any arbitration filin8 tee. or administrative and hearing tees that you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for paying those fees. In no event will you be required to reimburse us for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Any arbitration heating ai which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agree- ment is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Att. 9 U.S.C. §§ 1-16 1"FAA"). Iudgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow existing substantive law to [he extent consistent with the FAA and' applicable statutes of limitations and shall honor any-claims or privilege recognized by law. If any party requests, the arbitrator shall write an opinion con- taining the reasons for the award. No Claim submitted to arbitration is heard by a jury, and no Claim may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or panicipate as a member of a class of claimants with respect to any Claim. This Arbitration and Litigation section applies to alt Claims now in existence or that may arise in the future. This Arbitration and Litigation section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you. any bankruptcy by you: or sale of the debt by us. For the purposes of [his Arbitration and Litigation section. 'we" and "us' means MBNA America Bank, N.A.. its parent. subsidiaries, affiliates, licensees. predecessors. successors. assigns. any purchaser of your attounL and all of their officers, directors. employees, agents. and assigns or any and all of them. Additionally, "we" or "us" shall mean any third party providing benefits. services. or products in connection with the account )including but not limited to credit bureaus, mer- chants that accept any credit device issued under the account, rewards or enrollment services, credit insurance companies, debt collectors. and all of their officers, directors. employees and agents) if, and only It, such a third party is named by you as a codefendant in any Claim you assert against us. If any part of this Arbitration and Litigatiop~section is lound to be invalid or unenforceable under any law or statute consistent with the FAA. the remainder of this Arbitration and Litigation section shall be enforceable without regard to such invalidity or unenforceability, THE RESULT OF THIS ARBITRATION AGREEMENT IS THAT, EXCEPT AS PROVIDED ABOVE, CL.A1M5 CANNOT BE LITIGATED IN COURT, INCLUDING SOME CL41M5 THAT COULD HAVE BEEN TRIED BEFORE A IURY, AS CLASS ACTIONS. OR AS PRIVATE ATTORNEY GENERAL ACTIONS. 10 CREDIT INSURANCE BENEFITS, L)MITATIONS, COSTS ~ EXCLUSIONS CONSUMER PROTECTION DISCLOSURES CREDIT INSURANCE IS: NOT A DEPOSIT; NOT FDIC- INSURED; NOT INSUREp BY ANY FEDERAL GOVERNMENT ~. AGENCY; AND NOT GUARANTEED BY THE BANK. PURCHASE-OF CREDIT INSURANCE IS-NOT-A {ONDITION OF OBTAINING CREDIT. IF COVERAGE 1S DESIRED, IT MAY BE PURCHASED ELSEWHERE. Credit Insurance pays your minimum monthly payment' up to your balance on the date of loss Inot to exceed 525,000, except disability in MN), until you return to work" if you are : involuntarily unemployed, totally disabled, or if you or your spouse cakes covered family leave. Gedit Insurance also pays your insured outstanding balance up to the least of your ~ outstanding balance. your uedit limit Inot AL. AZ, AR. DE, DC, ID. IL. IA. LA. MD, MN. MS. NV ND, OH. OK. Rh Sb. VT. ', WA, WV b WY), or 525,000 if you die. Ell;ibllity: One insured per account (insured must be the '. primary cardholder or a co-applianL authorized users are not eligible), under age 66 170 in AZ, NV b VA: 71 in FL, GA, MI, MO & OK; 72 in NM I~ Your coverage ends at these same ages ~, lexcept family leave in AZ, FL b SD b unemployment). When enrolled. certificates will be mailed explaining your coverage & effective date In MN, unemployment coverage is effective 6! days from your certificate e((exive date. For unemployment or family leave benefits, you must be gainfully employed working at least 30 hrs/wk Ino[ self-employed or an independent contractor) for 90 consecutive days before the date of loss ICO -before application date). IPA • on [he date of loss 1, ITX -before coverage effective date for unemployment). i Employees of professional corporations may be eligible. Corsraaes b Benefits: Credit Insurance covers: your ~~ death; involuntary unemployment due to lob toss, general -. strike, unionized labor dispute, or (otkout: total disability due to sickness or injury if you are unable to perform the material b substantial duties of your lob for any job after 12 mos. in I PA; IB mos. in P.L. AZ. AR, CA. DE. DC. GA, HI. ID, IL. IA, K5, LA, MD, MN, M5. NV. NI. N,D. OH, OK. RI, SD. TN, VT. Wq, WV, WI b WY); your or your spouse's unpaid leave of absence from employment due to care of your newborn or newly adopted child or an incapacitated immediate family member (must be ! spouse. child, stepchild or parent in AKI: mandatory recall [o axive military duty; jury duty lexcept in AKI: or residence in a federally declared disaster area. Loss toot death) must continue at least 30 days before benefits begin. In NY, for strikes, unionized labor disputes b lockouts, you must be unemployed for 7 consecutive weeks b qualify for state unem- ployment benefits before benefits begin. A daily benefit is paid for each day of loss over 30 days for unemployment in NY b PA, and disability in CA. CT, GA. NY. MI, PA, RI 6 SC. You may cancel this coverage at any time. If wficeled within the first 30 days of coverage, all premiums will be refunded. Exclusions: Life: suicide fn the First 6 men[hs of coverage Ino[ MD b MO). Involuntary Unemployment: retirement, resignation, volunta7 forfeiture of income or job loss due to willful or criminal misconduct, disability, strikes in IL, military discharge in NY & normal seasonal unemployment in TX. - Disability: normal pregnancy or childbirth foot CA, MA b NV). intentionally self-inflitted injuries Inot MDI. or apre-existing medical condition during first 6 months of coverage Ino[ NII~ Family leave benefits are not paid if you are eligible for or receiving unemployment benefits or are disabled. I1 This is orily~a brief description of coverage, and coverages vary by state. Please refer to your cettificates for a full explanation of coverage. Costs ear 5100 car Month of Avetaae Daih Balance: Costs apply to Life IL1, Disability (DI, Unemployment lUl b Family Leave IF): AL SO.SC: AK 78c: AZ 99.9[; AR 99c; CA 89.9[; CO 50.66[: CT 42.89[; DE 99.9[; DC 99,9x. FL 89c; GA 90.8a NI 89.91[; ID 99.Sc IL 8.6c, D 16.9[. U SOC. F 20c 1: IL 80.971; IN 96x, IA 97.8[ (L 7.TC. D 16.6[; U~54c, F 20c l: KS 85.47[: KY 97 4c; LA 99.931: ME 53.05[; MD 79.7dc: MA 15.7C: MI 85.7[: MN 31.47C: MS 92.5[: MO 61.IC; MT 93.91: NE 95.8[: NV 99.87x. NH 95<: NI 97x, NM 58.9[ NY 52.SC IL 8.8c. D 26.8<, U 16.9[); NC 7L3x. ND 9x.97[: OH 99.9[; OK 97.47[: OR 80.8[: PA 38.1 r PR 99q RI 99.8[ SC 78.8a SD 99.9[ TN 92.Sq TX 33.7[ IL 4.BC. D 12.9[. U 16c); UT 90.aac: Vf 3x.92[ IL 6.68[. D 12.24[, F 16c ); VA 84c IL b.lc. D 8.9c. U 49c. F 20C 1; WA 89.39C: WV 99.5x, WI 93.6[ (L 5.71, D 8.9c. U 59c, F 20C 1: WY 99.7[. AvailabBity: Involuntary Unemployment is not available in MA or VT. Family Leave is no[ available in AL, CT, MA, MD, MN. NM. NY, PA, or TX. Undelwritiag CompanieslP9lier: Involuntary Unemployment: American Security/1.0115/851, LOI NYI3/93 ). AS LOI TX(11/991. LOIC-IP-KSI2H6). LnIC•IP-CRS-ME(SB5) and LOIC•IP; Standard Guaranry/SG LCI 6/851 WH onlyl. Liie b Disability: Union Security Life/L-1-Z, L-SG in .4L, AZ. AR. DE, DC, ID. IL, IA, KS. LA. MD, MN, MS, NV. ND. OH, OK. RI, SD, VT WA. WV b WY; Standard Guaranty Life ITX only)/ L-1-ZI8/92II3.53RA). First Fortis Life INY Life on1yVNYLM0013, American SecurlCy INY Disability onlylAV-S•A, Fortis Insurance IME only)/U-X-A. Family Leave: American Security/FLP 14197). FLP•FL112/97) in FL. FLP-NC 13J98) in NC, FLP•OKf4/971 in OK. FLP-VA(2/98) in VA, FL-IPIAZI(7/98) in AZ, FL-I PI4/97) in IL b IN, FL-IP-KS 112/97) in KS, FL-IP•ME f x/99) in ME: FL-IP-WYI4N7) in WY; Standard Guaranty/FLP 14/97) in NH: Union Security Liie/FLP-VTj4/97) in VT. Soliciting agents For Mississippi and Florida are Charles M. Gordon and Pameta Cunis respectively. The creditor may receive compensation in connexion with this 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 fines. In addition. an insurer may deny insurance benefits it false information materially related to a claim was provided by the applicant. ' Less past due and over credit limit amounts. In MI, cover- age pays 5% o(the balance on your date of disability up to 51250. In OR, coverage pays the greater of I/36th of the bal- ance or the current minimum payment due on your date of loss. In NY b PA. coverage pays the minimum payment due on your date of loss. in TX, coverage pays the greater of b%o~. your insured outstanding halance on your date of unemploy- ment or your minimum monthly payment. ,. ''The number of monthly benefit payments will not exceed 9 for family leave; 12 for unemployment in AL, AK, CT, IL. MI, MN MO. NM, NC, NY, PA, SC b TX; 12 for disabfliry in AK, CO, CT. FL. KY, MA. MO. MT, NE. NH, NM, NC.OR, SC. UT b VA. NY, NI G TX Residents Only: To purchase coverages separately write to Assurant Group. P. O. Box 50355. Atlanta. GA 30302. Applications will be sent to you. 12 tf 7 45 EXHIBIT "B" ~, i i. NATIONAL ARBITRATION FORUM M13NA America Bank, N.A. clo Wolpoff & Abramson, L.L.P. Attorneys in the Practice off)ebt Collection 702 King Farm Blvd, Two Irvington Centre Rockville, MD 20850-5775 CLAIMAN'I'(s), AWARD RF.: MBNA America Bank, N.A. v Gerald E Coy & Gloria J Coy File Number: FA0403000248481 Claimant File Number: 4264298538752943 Gerald E Coy Gloria J Coy ] l b Neil Rd I l b Neil Rd SHIPPENSBURG, PA 172579416 SHIPPENSBURG, PA 172579416 RESPONDENT(S). The undersigned Arbitrator in this case FINDS 1. 'T'hat no known conflict of interest exists. 2. 'that on or before 03/18/2004 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. 't'hat 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. S, 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 anmounl of $14,710.86. Entered in the State of Pemmsylvania Ho rabl Jack M. Marden~ Arb or Date: 05/25/2004 ACKNOWLEllGEMF.NT AND CERTIFICATE OF SERVICE This Award was duly entered and the forum hereby certifies timat a copy of this Award was sent by first class mail postage prepaid [o the parties at the above referenced addresses on this date. Honorable Ilarold Kalina, Ret. Director of Arbitration OS/25/2004 F~ ~ {o. (/~ n ~ w-' o -n 1/J a `~ `i 1 _ .z (-_ . _~,~n rl ~ ... r / c,~ ~ l J U <~~O ,, i - (.J ~- - ., n ~~ ~ G~ SHERIFF'S RETURN - REGULAR CASE N0: 2004-04388 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MBNA AMERICA BANK N A VS COY GERALD E SR ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COY GERALD E SR the DEFENDANT at 1946:00 HOURS, on the 1st day of September, 2004 at 116 NEIL ROAD SHIPPENSBURG, PA 17257 by handing to GERALD COY SR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriffs Costs: Docketing 18.00 Service 14.06 Affidavit .00 Surcharge 10.00 .00 42.06 Sworn and Subscribed to before me Dthis ~ day of ~r~ I'.~p~Grv„Gt,~. nn~ dr7 y A . D . s.. I1 ~~12~lfav , prothonotary So Answers: ~~~~ R. Thomas Kline 09/02/2004 WOLPOFF & ABRAM5ON By : ~~ i~~~iy Deputy Sheriff CASE NO: 2004-04388 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MBNA AMERICA BANK N A VS COY GERALD E SR ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COY GLORIA J the DEFENDANT at 1946:00 HOURS, on the 1st day of September, 2004 at 116 NEIL ROAD SHIPPENSBURG, PA 17257 GLORIA COY 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me Dthis _~'~ __ day of r thonotary ~ So Answers: `~ R. Thomas Kline 09/02/2004 WOLPOFF & ABRAMSON Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD NO. 200404388 MAIL STOP 1411 WILMINGTON DE 19884-1411 vs. Plaintiff GERALD E COY SR GLORIA J COY Defendant(s) Mr./Ms, Clerk: PRAECIPE FOR JUDGMENT GERALD E COY SR Please enter Judgment in favor of Plaintiff and against Defendant(s), for want of ANSWER TO and GLORIA J COY COMPLAINT. , (X ) Amount due Interest S 14710.86 Attorne $ Yes Commission $ Filing costs TOTAL $ (R ) I certify that the foregoin4710.86 plus interest and costs the complaint. amounts alleged to be due in the complaintaandsssecalculablegas ass umrcertainlfrom ( R ) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final decree), I certify that a copy of this praecipe has been mailed to who has appeared in the judgment or action or to his/her Attorne each other intention)to fileuthisto Pa.R.C.P. 237.1 Y of Record. Party praecipe was mailedlorertify that written notice of the judgment is to be entered and to his/her Attornelivered to the default occurred and at least ten da s Party against whom y of Record, if any, after the praecipe and a copy of the notice isy prior to the date of the filing of this attached. DATE: ~ ~~ 9 , D Signature: NOW, 20~~, J ppAF!'T/ppNl1T Wx.d FTiF Nfl 11n~51l1R5 Amy F. oyl a ~%' G Daniel F. Wolf n ~~87062 Bruce H. Cherkis ~~20617 Philip C. Warholic ~~18837 Ronald M. Abramson ~{86341 Ronald S. Canter x/94266 Donald P. Shifter ~~94000 WOLPOFF & ABRAMSON,III ~E89451 Attorne s in L•L.P. Y the Practice of Debt Collection 267 East Market St., York, PA 17403 (717) 846-1252 Counsel for Plaintiff HEN~IS ENTERED AS ABOVE.II erk,-Civi ,.vision _. BY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A, 655 PAPER MILL ROAD No. 200404388 MAIL STOP 1411 WILMINGTON DE 19884-1411 ' Plaintiff vs, GERALD E COY SR GLORIA J COY Defendant (s) I, hereby certify that MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 198$4-1411 and certify that the last known address of the within Defendant(s) is: GERALD E COY SR 116 NEIL RD GLORIA J COY SHIPPENSBURG PA 17257-9416 116 NEIL RD SHIPPENSBURG PA 17257-9416 Amy F. oy a ~/8 062 Daniel F, Wol son Bruce H. Cherkis ~~20617 Philip C. Warholic x/18837 Ronald M. Abramson 186341 Ronald S. Canter 1194266 Donald P, Shiffer 1/94000 WOLPOFF & ABRAMSON III 1/89451 Attorne s in L•L.P. 267 East MarketeStractice of Debt Collection (717) 846-1252 York' PA 17403 Counsel for Plaintiff CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE PA, R.C.P. 236 the precise residence of Plaintiff is: PCRES/PANOJ W&A FILE N0, 110351085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD No. 200404388 MAIL STOP 1411 WILMINGTON DE 198$4-1411 ' Plaintiff vs. GERALD E COY SR GLORIA J COY Defendant (s) CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK The undersigned counsel, being duly sworn accordin that I am the Attorney for the Plaintiff in the above- the best of m 8 to law, depose and say GLORIA J Cpy Y knowledge, information and belief Defendant oned matter and that to known to reside at 116 NEIL RD ' above-named, is over 21 SHIPPENSBURG PA Years of age; is last 17257-9416 County of CUMBERLAND the United States or its Allies Pennsylvania' Servicemembers ~ or otherwise withins not in the military service of Civil Relief Act and its the provisions Amendments. of the COMMONWEALTH Op pENNS }'LVANIA Dina Notarial Seal A. Sweitrer Notary public C~h~ ot'York, York Count My Commission F,xpires A y ~-----...__. pr. 16, 2008 SWORN and SUBSCRIBED to before me this PNMAF2/PANOJ W&A FILE N0. 110351085 Amy F, v ~~ Daniel F.yle ~~87062 Wolfs n ~~20617 Bruce H. Cherki Philip C. Warholic ~E18837 Ronald M. Abramson ~~86341 Ronald S. Canter J~94266 Donald P. Shiffer ~~94000 WOLPOFF & ABRAMSON III ~~89451 Attorne s in L•L.P. Y the Practice of Debt Collection 267 East Market St., York, PA 17403 (717) 846-1252 unsel for P i _ day of 20yJ . ~ ~ ~~~ ~ ~ _ Notary Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD No. 200404388 MAIL STOP 1411 WILMINGTON DE 19884-1411 ' Plaintiff vs. GERALD E COY SR GLORIA 7 COY Defendant(s) CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK The undersigned counsel, being duly sworn accordin that I am the Attorney for the Plaintiff in the above-captioned matter the best of m 8 to law, depose and say GERALD E COY SR knowledge, information and belief Defendant, and that to known to reside at 116 NEIL RD above-named, is over 21 years of age; is last SHIPPENSBURG PA 17257-9416 County of CUMBERLAND the United States or its Allies Pennsylvania; is not in Servicemembers Civil or otherwise within the the military service of Relief Act and its Provisions of the Amendments. t~~ttM~~t- N_~VbALfH pp~ PENNS YLVAN[A Dina Notarial Seal A. Sweitzer, Nota City of York. York ry Public MY Commission Ex Tres County p Apr. 16, 2008 SWORN and SUBSCRIBED to before me this PNMAFF/PANpJ W&A FILE N0. 110351085 ~sY F. Daniel Doyl e F. Wolf ~ lftf /062 Bruce H. on Cherk ~E2O617 Philip C. s Warholic /18837 ~~86341 Ronald Ronald M. S Abramson ~~94266 Donald . P. Canter Shiffe ~E94OOO WOLPOFF & r, ABRAMSON ~ III J~89451 L•L P Attorneys in the p , . ractice of Debt Collection 267 East Market St., York, PA 17403 (717) 846-1252 /C/o^unsel for Plaintiff day of ~ ~, 20 O,~ tary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD N0. 200404388 Plaintiff vs. GERALD E COY SR GLORIA J COY Defendant (s) CIVIL ACTION - LAW NOTICE OF JUDGMENT ( x ) Notice is hereby given that a in the above-captioned matter has be n entered against $ 14710.86 plus interest, on you in the amount of within A copy of all documents filed with 20~~ judgment is/are attached. the Prothonotary in su pport of the fil au have any questions regarding 8 party. ~Y ~ . Doyl e ~~ 06 Daniel F. Wo son Bruce H. Che is ~~20617 Philip C. Warholic ~~18837 Ronald M. Abramson ~E86341 Ronald S. Canter ~{94266 Donald P. Shiffer ~~94000 WOLPOFF & ABRAMSON III x/89451 Attorne s in L•L.P. Y the Practice of Debt Collection 267 East Market St., York, PA 17403 (717) 846-1252 (This Notice is given in accordanceCwithePafRr Plaintiff NOTICE SENT T0: C•P• 236.) GERALD E COY SR 116 NEIL RD SHIPPENSBURG PA 17257-9416 STNTC/PANOJ W&A FILE N0. 110351085 GLORIA J COY 116 NEIL RD SHIPPENSBURG PA 17257-9416 --- ....,,sac[ Lhe 11oa slzz m<a IOWNSG47E q0 M330, WEST r•nabu RG, WV 293 297 E. MARKET ST., VORK. PA 17403 KE VILLAGE, CA 813 24390 NOVI RD„ BLDG. 1, NOVI, MI 48375 NATIONAL COLLECTION ATTOpNEV NETWORK AFFILIATED FlRM LOCATIONS NOT REGIONAL OFFIC S OF WOL F 6 ABRAM BIRMINGHAM, gLgOqMq N ANCHORAGE, ALASKA CABOT,ARKANggS PHOENIX, ARIZONA ENGLEWOOp, COLORg00 FT. LAUDERDALE, FLORIDA 110351085 GERALD E COY SR -~~vrr a ABRAMSO Attorneys in the Practice of Debt Col/eMion L P (A National Collection Attorney Network Firm) 287 EAST MAR1~7 STREET FIRST FLOOR YORK PA 1 74 03-2000 717-548-8203 OUTSIDE YORK METROPOLITAN ARFA (TOLL FREE) 1-800-75&0075 FACSIMILE (717) 84g-1140 PLEASE DIRECT ALL INQUIRIES TO VORK OFFICE 116 NEIL RD SHIPPENSBURG PA 17257-9416 Re: MBNA/VISA vs. GERALD E COY SR Docket No. 200404388 Dear GERALD E COY SR 'TM Ne CWNeIa-tla9 HAMPSHIRE Albany Nrrlypkir.N / JERSEY aMlbtlan of Np.nY bw. gmn ~ W9A Hours of OpenHOn: iOLINA a e.m. - 11 p,m. E.S.i. M-F W8A File No. 1 10351085 Pennsylvansa RuleslofpC'vil Procedure._Day Notice pursuant to Rule 237.1 of the Sincerely, ABRAMSON, L.L.P. Enclosure CC: GERALD E COY SR Amy F ire This is an attempt by a debt collector to collect a debt and any information obtained will be used for that purpose. VOT10D/PANOTC TRHOI (loll INa) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANR, N.A. 655 PAPER MILL ROAD N0. 200404388 MAIL STOP 1411 WILMINGTON DE 19884-1411 • Plaintiff va. GERALD E COY SR Defendant(s) T0: GERALD E COY SR 116 NEIL RD SHIPPENSBURG PA 17257-9416 DATE OF NOTICE: 11/17/04 IMPORTANT NOTICE COPY YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TARE THE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. HAVE A LAWYER Lawyer Referral Service Cumberland County Bar Aean. 32 S. Bedford St. Carlisle 800-990-9108 PA 17013 WOLPOFF & ABRAMSON, L.L.P. Attorneys i the Practice of Debt Collection BY: 67 EastoMarke aquir York, Pennsylvaniar17403-2000 Telephone: (717) 846-1252 I.D. x/87062 Counsel for Plaintiff IMPNOT/PANOTC W&A FILE N0. 110351085 ]OQ KING FARM BLVD., RDOKVILLE, MD 20MKI REGIONAL OFFICES 10805 JUDICNL Oq., BLDG. A-8, FAIRFAX, VA 22030 11 O9 E. MAIN ST., STE. 1003. RICHMOND, VA 23219 5122 GREENWICH RD., VIRGINIA BEACH, VA 23492 918 N. MARKE7 ST., STE. 1300, WILMINGTON, DE ipB9p 1854 GgEENSPRING DR., STE. 400, TIMCNIUM, MD 21093 1 VALLEY BANK BLDG. BOX 1229, CLARKSBURG. WV 28302 2828 TOWNSGATE RD M330, WESTLAKE VILLAGE, CA 81381 28] E. MARKET ST., YORK, PA 1 ]403 24380 NOVI RD., BLDG. 1, NOVI, MI 49375 NATIONAL COLLECTION ATTORNEY NETWORK AFFlLIATED FlRM LOCATIONS NOT REGIONAL OFFICES OF WOLPOF qB M LP. BIRMINGHAM.ALABAMA CABOT.ARKANSAS ANCHORAGE, ALASI(A ENGLEWOOp COLORADO PHOENIX, ARIZONA FT. LAUDERDALE. FLORIDA 110351085 A GLORIA J COY wOLPOFF & ABRAMSON,L.L.P. ARameys in the Practice of Debt Collection (A National Collection Attorney Network Firm) 267 EAST MAAKET STREET FIRST FLOOR YORK PA 17403-2000 777-548-8203 OUTSIDE YORK METROPOLITAN AREA (TOLL FREE) 7-800-755-0875 FACSIMILE (717) 545-1146 PLEASE DIRECT ALL IN W IRIES TO YORK OFRCE 116 NEIL RD SHIPPENSBURG PA 17257-9416 Re: MBNA/VISA vs. GLORIA J COY Docket No. 200404388 Dear GLORIA J COY ~~ W8A File No. 1 10351085 Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, & ABRAMSON, L.L.P. Enclosure CC: GLORIA J COY Amy F. This is an attempt by a debt collector to collect a debt and any information obtained will be used for that purpose. NOT 10D/PANOTC LTRHOI (10/Ilry4) UMgMA,NEBPA$KA LAS VEGAS, NEVADA 'TN. N4tlo,Wl CdNrotlOn MANCHESTER, NEW HAMPSHIRE Atbrn~y NtlMpk baR CEDAR KNOLLS, NEW JERSEY eMllatlo„ of Nlp,oy W tlrml SVOSSET, NEW YORK W8A Hours of RALEIGH, NORTH CAROLINA DPOrBIIOn: 8 a.m. - 11 p.m. E.S.T. M-F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AHERICA BANR, N.A, 655 PAPER MILL ROAD AIL STOP 1411 NO. 200404388 WILMINGTON DE 19884-1411 ~8. Plaintiff GLORIA J COY Defendant(s) T0: GLORIA J COY 116 NEIL RD SHIPPENSBURG Pq 17257_9416 DATE OF NOTICE; 11/17/04 COPY IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU FAILED TO T THIS CASE. UNLESS YOU ACT WITHIN TEN A JUDGMENT MAy Bg ENTERED AGAINST YOU WITHOUT pAFROM THE DATE OF4THIS NOTICED IN PROPERTY OR OTHER IMPORTANT RIGHTS. HEARING AND YOU MAy LOSE YOUR YOU SHOULD TARE THIS NOTICE TO A LAWYER AT ONCE. CAN GET LEGAL HELP. IF YOU DO NOT HAVE A OR CANNOT AppORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHE LAWYER RE YOU Lawyer Referral Service Cumberland County Bar Aasn. 92 S. Bedford St, Carlisle 800-990-9108 PA 17013 WOLPOFF & ABRANSON, L.L.p, Attorneye~yn the Practice BY: I14PNOT/pANOTC 67 Eaet~~a Es uir York et Sty et . Penns lvaniaC 17403-2000 Telephone; (717) g46-1252 I.D. x/87062 Counsel for Plaintiff W&A FILE N0. 110351085 A Debt Collection M ~~ •\ I~ ~T 'W 1^~'" V n -'`{ hl `~ <J'\ (.~ i~ N s~ C..+ N Q ~il T -r7'.'-` _J `r~ _~t ~~~ c-~ ~~ ~x i S~ 1 50 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. No. 200404388 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff vs GERALD E COY SR LbUI'10..~. ~UI~ 1 NEIL RD ) SHIPPENSBURG PA 17257-9416 Defendant(s) PRAECIPE TO SETTLE AND SATISFY PLEASE MARK THE ABOVE-CAPTIONED ACTION AS SETTLED, SATISFIED AND DISCONTINUED. By: Philip C. Warholic x/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 Trindle Road, 3rd Floor, Camp Hill, PA 17011 (717) 303-6700 cc: ~~ PAPR4/PA176A W&A FILE NO 110351085 Respectfully submitted, ~~ .'; ~' 1 ':~ __ _ C: .. 1 D w.: :.