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Home My WebLink About04-4552 37 o 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. 0 '1- l/.!/~:J.... ~ 77.. . Plaintiff VS. CIVIL ACTION - LAW MERRIAM BURNS 325 HEMLOCK RD MECHANICSBURG PA 17055-5822 : Defendant (s) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NOTICIA Le han demandado a used en 1a corte. Si used quarere defensas de esas demandas expuestas en 1as paginas, siguientes, used tiene viente (20) dias de p1azo a1 partir de 1a fecha de 1ademanda y 1a notifiation. Used debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en 1a corte en forma escrita sus defensas 0 sus objeciones a last demandas en corta de su persona. Sea avisado que si used no se defienda, 1a corte tomara medidas y psedido entrar una orden contra used sin previo aviso 0 notificacion y por cua1quier queja 0 a1ivio que es pedido en 1a peticion de demanda. Used puede perder dinero 0 sus prop1edades 0 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 TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSITANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Assn. 32 S. Bedford St. Carlisle 800-990-9108 PA 17013 CVRNOT/PACCP W&A FILE NO. 111330123 41 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. 0<./' '1:55.2.. CUAi 7;:"'" Plaintiff VS. CIVIL ACTION - LAW MERRIAM BURNS 325 HEMLOCK RD MECHANICSBURG PA 17055-5822 Defendant (s) COMPLAINT Now comes the Plaintiff, MBNA AMERICA BANK, N.A. attorneys, and the law firm of Wolpoff & Abramson, L.L.P., and in support avers as follows: , by and through its and files this Complaint 1. Plaintiff, MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 is a business entity doing business within the Commonwealth of Pennsylvania and the other states of the United States. 2. Defendant, MERRIAM BURNS a last known address of , is an adult individual with 325 HEMLOCK RD MECHANICSBURG PA 17055-5822 COUNTY OF CUMBERLAND 3. It is averred that Defendant(s) was/were issued an open end credit card account. The Terms and Conditions governing this account is attached hereto, incorporated herein and marked as Exhibit "A". 4. At all relevant times material hereto, Defendant(s) has/have used said charge card for the purchase of products, goods and/or for obtaining services. lDSOA1/PACCP W&A FILE NO. 111330123 47 5. showing account Plaintiff provided Defendant(s) with copies of the Statements of Account all debits and credits for transactions on the aforementioned credit card to which there was no bona fide objection by Defendant(s). 6. Pursuant to the Agreement concerning this account, the parties agreed that this matter be referred to Arbitration in the event of any claim and/or dispute if the account is referred for collection. See Exhibit "A" as previously identified and incorporated herein. 7. This matter was referred to Arbitration for determination and disposition, whereby an Arbitration Award was entered against the Defendant(s) and in favor of the Plaintiff for the outstanding balance due. A true and correct copy of the Arbitration Award is attached hereto, incorporated herein and marked as Exhibit "B". 8. As of the date of this Complaint, the remaining unpaid on Defendant's credit card account, as a result of Defendant(s) and/or any authorized users is the sum of $ balance charges 3970.36 due, owing and made by said 9. Despite reasonable and repeated demands for payment, Defendant(s) has/have failed, refused and continue(s) to refuse to pay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff. 10. The amount in controversy 1S within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, MaNA AMERICA BANK, N.A. , respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant(s), MERRIAM BURNS , in the amount of $ 3970.36 plus costs of this action and such other relief as the Court deems proper and just. Respectfully submitted, Amy F. Doy, e #87062 Daniel F. olfson #20617 Bruce H. Cherkis #18837 Philip C. Warholic #86341 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Plaintiff lDSOA2/PACCP W&A FILE NO. 111330123 51 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. Doyl #87062 Daniel F. olfson #20617 Bruce H. Cherkis #18837 Philip C. Warholic #86341 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Plaintiff PAVERF/PACCP W&A FILE NO. 111330123 312 EXHIBIT "A" J)' _~ _ -_'Z:.?::~,,-O.::":".';' .~.! '-..' Credit,CardAgreement. Additioni:ll 'rermsand Conditions .-::...~-, - -. - ..-'-.- -'~::':~..;.... ,..:-::...:.:::. _. ''''1"~rl{Ij(l{I'''"t~ ...-'.r..........-, ; ..fPrivacy'N<?fic~~~~.~~~~:~:>;~.fr~~~~~?.~-~:~.,.::.~:.f.. ~. , ~:"ri~-:,:;,;~ '7'--' ':"< -.:-\:::.':.~~:~.~-~,!_~i;J.:P:,..::"i:'d~.:.;i,~< ~~i;(~0f'.b!,~,,~f".:-. ".. ~" ~,~.. '~~;.~~:a;'gilMt4~[~~~~~tk~:;:'. Credit RepOrting AgE!Ilaes:.;~:,.;.~:;.........4 . How to Use Your Account.........;..............4 ':''-:''_:.> ,::~.;/~~-1~.~..:..' ';c...: S-Z;):j .' ~-_C';,." .~. .:.'~' ;~~/+)H;;t;~i~,:;\~;':;~::.:":~.;" . Payments on Your Account. ..........5 ".-. .~.~.;..'.: . ~...;.~":6..~.}.:t:.~~3;~;t:~7';";-:~ . . ....,~., . We May Amend This Agreement .............8 ~ ';":.7~:': -:"~.~'",;.:\.!"~' '-'""~""~'.." ",:-,:"l-<..i!r.',~ ..,. -',-',:,' ':::;~, '" ," . . What Law Applies --..:~~:::;;:~:;._,~~;;..'~"r..~' . ('" :";:::'.':':' ! i<--;>: ';:'__.:-,"'. ". ',.;(". .;~:w.X:._' .".; ~;~:""H:':. ~~. ..~7:;::',:":, ::' " ~.,.<~;, -~:>:(-~-- . Arbitration<ind Lit!~ti9.D."".";:.,,..:,,::,~,...9 AGMT Your ContradWitli Us Your Credit Card Agreeme~t with us consists of these Additional Terms and Conditions'and the document called the Required Federal Disclosures or the Initial Disclosure. You agree to the terms and conditions of this Agreement. For the purpose of the Privacv Notice, we will use the deflnitio contained in the third paragraph of the Privacy Notice. For the remainder of the Agreement. we will use the definitions - oescril5ei:riJiideYffie"se-dionl'leading'Words Used Often in This Agreement. Privacy Notice Your privacy is Important to us: At MBNA, we are committed to providing you with the finest finandal products and services backed by consistently top-qual; service. And while information about you is fundament to our ability to do this. we fully rec"llnize the impoJtan of keeping personal and account information seCure. To offer you the widest range of products and service MBNA may share information about you both within MBNA and outside of MBNA with other companies. This allows us to offer you products and services that may interest you and best meet your needs, whether they are available directly from MBNA or through our relationships with otheLcompanies. We want you to understand our informatiof"!..$afeguaiUs, what informati( we colJect, what infonnation<we sha're, and the benefits you receive when we share.~nformation ~bout you. This noti,e describes the privacy practices of MBNJ Corporation -and all MBNA affiliates, including MBNA America Bank. N.A.. MBNAAmerica.(Delaware). N.A. Palladian Travel Services. Inc.. MBNA Hallmark Information Services, Inc,., MBNA Marketing Systems, Inc.. and MBNA Insurance Agenei'. Inc. (colJectlvely. -MBNA"), for financial products and services governel by the iaws of the United States of America. This notice explains MBNA's information collection and sharing practices and lets you choose whether or not MBNA may share certain information about you, eith within MBNA or outside of MBNA with other compani, Our Security Procedures: MBNA understands the importance of protecting and secu.ring information an using it appropriately. Access.to ,information about y< is restricted to the people of MBNA who require it to provide products or services to you. We maintain physic. electronic, and procedural safeguards that comply wit federal standards for the security .of in[9rmation. When MBNA shares informationabollt you with companies outside of MBNA, we require them to impose safeguards, use it only for a permitted purpos and to return it to us or destroy it<>nce that purpose i served. We limit the amount of .information shared tc what is appropriate to offer a product or service effi- ciently. MBNA requires any company receiving infor- mation from MBNA to sign a Confidentiality Agreeme containing these requirements and obligating that company to protect the information as we would. I...... I.i.-,. Information We Collect: MBNA collects and uses nonpublic personal 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 commO'nicatIOl1.with-usincluding.through the mail. by telephone. or over the Internet: . Information we receive from third parties, such a~ consumer reporting agencies. to verify statements you've made to us, or regarding your employment, credit, or other relationships: and . Information about your transactions with MBNA i with other companies outside of MBNA. Infonnatlon We Share WIthin MBNA: We may shan of the information we collect about you with financial s. ice companies within MBNA to offer additioAaI product: services that may interest you and best meet your need, We believe this is convenient for you and may save you both time and money. To do so. we share identification information (such as name and address), transaction a" experience information (such as purchases and paymel credit eligibility information (such as credit reports ant applications), and other information. The dedsion to r chase any such products or services is yours alone. Yo may tell us not to share credit eligibility Information a1 you within t.1BNA. but please understand thl~ does n01 prohibit us from offering you additional products and services or from shari nil transaction and experience, identification, and other information within MBNA. Information We Share With Others: From time time, we may allow companies outside of MBNA to c you their products and services that may interest YOL These products and services may be offered by finan( 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, Internet service providt: manufacturers, service companies, travel agents, crui lines, car rental agencies, hotels, airlines, publishers and organizations endorsing MBNA financial prado< or services), and others (such as nonprofit organizati< Subiect to applicable law, we may share all the infOf tion we collect with these companie!-outside of MB unless you tell us not to. .- Additionally. we may share all the Information w, collect with companies that perform marketing or c services on our behalf or to other financial instituti with which we have joint marketing agreements. 'W are also permitted by law to share information abc you with other companies in certain circumstance~ For instance, we may share ~II of the information" collect with companies assisting us in- servicing yo loan or aC,c9'yJ1t. with companies that endorse our products and'.services through affinity agreements 2 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. n _. _.._ Important Information About Your Choice: We're .. dedicated to serving your needs - and to respecting 'your choices related to privacy. You may tell us not to share credit eligibility information within MBNA. and you may tell us not to share information with companies outside of MBNA that wish to offer you their products and services as described above. If you wish to opt out of such information sharing, please call toll-free 1-866-751-1255. We will ask you to verify your identity and the specific acco'unts 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 \\fhen you call. MBNA applies opt outs at the accOunt level. not by individual Customer. When any person. listed with .others on an account opts out lfor example. a -(b,-applicant, joint account.halder, or authorized user), we .willlisl the entire account as having opted out. MBNA will continue to adhere to its disclosed .priyacy 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 withinMBNA arid/or with companies outside of .MBNA. remains effective unless revoked in writin€. 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 infonnation sharing. 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 u.pdates and replaces any previous notices from MBNA about the privacy, security. and protection of information. For additional information regarding MBNA's .privacy practtces:concerning the Internet, and to view the most recent -version of this privacy notice, please go to www.mbna c~~ and click on "Privacy Notice." You may have other privacy pro~ tections under state laws. We may amend this privacy notice at any time. and we will inform you .of changes as reqUired by law. Words Used Often in This Agreement "A€reement~ or "Credit Card Aereement" means these Additional Terms and Conditions and,theRequired Federal Disclosures lor 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 ,1Ise em account we hold. ~You and "your" also mean any other'person who has -guaranteed payment of 3 this account. when used in the sections .entitled. We Mall Mo,litor and Record Telephone Calls. and Arbitration and UJigaU and when used in each of the sections relating to payme this account (You' PromiSe to Pall. and How We Allocate You, Payments. for example). "We." ..us......our" and "MBNA America" mean MBNA Amer!ca Bank., N.A. "Card" means all the credit cards we issue to you and' any other person with authorization for use on this aCCOl pursuant to this Agreement. ~Access check" means an access check we provide to y, make a Check Cash Advance on your account. If we use a capitalized term in this document but we d define the term in this document. the term has the mean given in the Required Federal Disclosures or the Initial Disclosure, or as used in your monthly statement. We use section headings (such as. Words Used Often il1 This Agreeme"l) to o"rganlze this Agreement. The actual terms of tl Agreement are in the sentences that follow and not the heac. Sign Your Card You should sign your card before you use it. We May Monitor and Rewrd Telephone C. You consent to and authorize MBNA America, any of it affiliates. or its marketing associates to monitor and/or re any of your telephone conversations with our representat or the representatives of any of those companies_ Credit Reporting Agencies You authorize MBNA America to collect information abol you, including credit reports from consumer reporting agen. If you believe we have furnished Inaccurate or incomph information about you or your account to a credit reportir agency. write us at: MBNA, Credit Reporting Agencies. P.C Box 17054, Wilmington. DE 19884,,7054. Please include Y< name. address. home phone number. and account numbe and explain what you believe is inaccurate or incomplete. How to Use Your Account You may obtain credit in the form of Purchases and Ca~ Advances by using cards. access checks. your account nurn or other credit devices. Please refer to your Required Fed, Disclosures or Initial Disclosure to determine what transacti constitute Purchases and Cash Advances and how you ma obtain them. Transaction Date for Certain Cash Advan. The transaction date for Check cash Advances and Bala Transfers done by check is the date you o"i..lhe person to whom the check is made payable first deposits or cashes t check. The transaction date for a returned payment (a Bar Cash Advance) is the date that the corresponding paymen posted to your account. Purposes for Using Your Account You may use your account for personal. family. or houset purposes. You may not use your account for business or commercial purposes. You may not use a Check Cash Advance, or any other Cash Advance, to make a payment ( this or any other credit account with us. You may not use 0 permit your acct1.Jj:nt to be used 19 make any illegal transact . ...... 4 Persons Using Your Account If you permit any person to use your card. access checks. account number. or other credit device with the authoriz.ation to obtain credit .on your account, you may be liable fer all transactions made by that person lndud\ng transactlons fef which you may nct have in~ended t.o ~ I~a~le, even If the amount .of those transactions causes your credlt limit t.o be exceeded. Authorized users .of thls"account"may have the same access t.o information about the account and its' users as the j3;ccount holders. , How You May Stop Payment I on an Access Check I You may request a stqp payment on an access check by - providin€ us with the access check number, dollar amount, and payee exactly as they appear .on the access check.. Oral and l written stop.payment requests on an access check are effective t _ 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 presentm'ent or return it unpaid to the person that presented it to us for payment, without in eIther case waiting for the date shown on the access check. We ar~ ~ot liable to you for any loss or expense incurred by you anSlng out of the action we elect to take. Your Promise to Pay You promise te pay us the amounts of all credit you obtain, which inchtdes all Purchases and Cash Advances. You also promise to pay us all the amounts of finance charges, fees, a,nd any other transactions we charge aeainst your account. Payments on Your Account You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by your payment Due Date. You may pay the entire amount 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. U you overpay or if there is a credit balance on your account, we will not pay interest on such amounts, We will reject payments that are not drawn in U.s. dollars and those drawn on a financial institution located outside of the United States. Payment of your Total Minimum Payment Due may npt avoid the assessment of Overlimit Fees. When Your Payment will Be Credited to Your Account We credit payments as of the date received, ilthe payment is: (11 received by 2 p.m. (Eastern TIme); ~21 received at the address shown in the upper left~handcorner of the front of your monthly statement: (3) paid with a check drawn in U.S. dollars on a U.s. financial institution or a U.S. dollar money order: and (4) sent in the return envelope with only the top ponion of your statement accompanying it. Payments received after 2 p.m. on any daY includine the Payment Due Date. but that otherwise meet the above requirements, will be credited as or the next day. Credit for any other payments may be delayed up to five days. How We Alloc~te. Your Payments We will allocate your-payments in the manner we determine. 5 In most instances, we will allocate your payments to balance !including new transactions) with lower APRs before balance: with higher APRs. This will result in new balances with a lower APR (e.g.. those with promotional APR offers') being paid before any other existing balances. Promise to Pay Applies to All Persons .AII persons ,who initially or subsequently request. accept, guarantee or use the accotin't'are individually and together responsible for any total outstanding balance. We may retus to release tram liability any person who Is responSible to PS) any total outstanding balance, until all of the cards-. ac.cess checks, and other credit devices outstanding urider'the account have been returned to us. and any such person ,or persons repays us the total outstanding balance owed to us at any time under the terms of this Agreement. Default You will be in default of this Agreement if: {I) you fail to make any required Total Minimum Payment Due by its Paymer Due Date; (2) 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 insu ance purchased throu€h MBNA, you will be deemed. in default or delinquent if you fall to make a payment within 90 days 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 iA default we can require immediate payment of your total outstanding balance and. unless prohibited by applicable law and except as otherwise provided under the Arbitralrio" a"d Liligatio" section of this Agreement. we can also require you to pay the costs we inc:ur in any col-Iection proceedine, as well as reasonable attorneys' fees If we refer your account lor collection to an attorney who is not our sa la ried employee. Other Payment Terms We can accept late payments. partial payments, or paymel with any restrictive writing without losing any of our rights under this Aereement. This means that no payment, includi those marked with "Paid in full" 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 ment or return it uncredited to the person .that.pres~nt~ .il without in either case waiting for the date shown on the check. We are not liable to you for any IO:iis or expense. incurred by you arising out of the action we.elect to take. Payment Holidays We may allow you. from time to time. to omit a monthly payment. We will notify you when this option is available. If you omit a payment. finance charges and any applicab}e fees will accrue on your account in accordance with this Agreement. You must resume making your Total Minimurr Payment Due each month {allowing a payment holiday. Transactions Made in Foreign Currencit If you mak.e....transaction in iI foreign curren.cy. the tran! tion will be convened by Visa International or MasterCard International..dePendin(l on which card you use. into a U.~ 6 ! dollar amount in accordance with the operating re€ulations or i conversion procedures in effed at the time that the transaction ! is processed. Currently..those regulations and procedures i provide that the currency .conversion rate to be used is either I (1~ a whoJesale tnarltet rate or (2) a government-mandated rate I in effect one day prior to the processine dat~. incr.eased by one " percent in each case. Visa or MasterCard retains thiS one percent I as compensation for performing the currency conversion serv. ~ tcn~(:Ufi'e1f~ co"nversion TilleTti effect on the processing ~ date may differ from the rate in effect on the transaction date or the posting date. Billing Cycle Your billing cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the day after the Closing Date<of the previausbillini cycle. Each statement . reflects a single billin(l cycle. Account Fees 'and Charges I Account Fees: The foll.owing fees, which are set fonh an your ; Required Fede~al Disclosures or Initial Disclosure, are charged ~ as Purchases in the billing cycle in.which the fees accriJe: " (t l.a Late Fee if the Total Minimum Payment Due shown an ; yaur monthly stat,ernent is nat received by ,LIS an or befare its Payment Due, Date;^ (2) an Overlimit Fee if yaurNew'6alance Tatal exceeds yaur : credit limit an the,last day afa,billing cycle, e;ven if fees,ar ~ finance charges charged'by':us caLIse yaur New Balance Tatal \' to. exceed yaur credit limit; an Overlimit Fee is charged to. your !' account as af the day in the billini cycle that yaur total out- i~ standin€ balance On your. account exceeds yaur credit Ii'mit: (3) a Re~urned PaymentFee:if a payment an yaur acco.'unt is returned far insufficient'funds or for any ather reasan. even if ; it is'paid upan s,-!bsequenf presentment: (4) a Returned Cash Advance t;heck Fee if we 'return an access : check unpaid fmany reas,on. even if the access check is paid ; upon subsequent presentment: . {51 a Capy Fee for each' capy af a manthly statement or sales draft, except that the six mast recent monthly.statements and six sales drahs will be provided for free: and (6) an Annual Fee if your account is open or if you maintain an account balance, whether. yau have active charging privileges : OJ nat. .\ Abandoned Property Charges: Unless prahibited by applicable j law, we will charge yaur account. as a Pu'rchase, for any costs ; incurred by us associated with complying with state abandoned property laws. 1\ Please review yaur Required Federal Disc!osures or Initial Disclasure for additional fees and charges that may apply to ! yaur accaunt. i Benefits I We may oHer yau cenain benefits and services with your I account Unless expressly made a pan af this Agreement. any I such benefits or services 'are nat a parf 01 this Aireement. but 1 are subject to the tenns and restrictions outlined in the benefit;:; I brochure and other afficial documents provided to. you from . time to time by ar on behalf of MBNA"America. We may adjust. add, ar delete benefits and services at any time and without I notice t6 you. . I I Refusal to Honor Your Acc,ount l We are not liable r'lt:any refusal to. honor your accaunt. j This can include a refusat to hanor your card or accaunt number \ ar any check written on your a'7count. We are not liable for any retention of your card by us. any ather bank. or. any pravider of goods ar servkes. . We May Suspend or Close Your Accoun We may suspend ar clase your aCCaunt or otherwise te nate your right to. use yaur accaunt. We may do this at 81 time and for any reason. Your obligations under this ---Agreement .ccntinue even-after.we have done this. You IT destroy all cards. access checks or other credit devices or account when we request. You May Close Your Account You may close yaur account by notifying us in writing I telephone, and destroyini all cards. access checks ar ath, credit devjces an the account. Yaur obligations under thi' Ag'reement continue even aher'yau have done this. Transactions After.Your Account Is CIO! When yaur account is c1ased, you must 'cantact anyone autharized to charge transactians to. your account. such as internet service providers, health clubs or insuran.ce com~ These transactions may continue' to. be charged to yaur accal!nt until you chanie the billing. Also.. if we believe: have authorized a transaction or are attempting touse yc accaunt after yau have requested to. close the account. w may allow the transactian to be charged to. your accaunt. We May Amend This Agreement We may amend this Agreement at any time. We may amend it by adding. deletini. ar changing provisions af t Agreement. When we amend this Agreement we will con with the applicable notice requirements af federal and Delaware law that are in effect at that time, If an amend gives you the app6nunity to. reject the change. and if you the change in the manner provided in such amendment. v may terminate your right to receive credit and may ask y. return all credit devices as a condition of yaur rejection. amended Agreement (includini any higher rate or other I charges or fees) will apply to the total autstanding balar includini the balance existing before the amendment becan effective. We may replace yaur card with another card at an) We May Sell Your Account We may at any time. and withaut natice to yau. sell. Ci or transfer your accaunt, any sums due on your account, Agreement, ar our riihts or obligatians under your acco! this Agrei!ment to any person or entity, The person or e to. wham we make any such sale, assignment or transfer be e'ntitled to. all af our rights and/or obligations under 1 Agreement, to the extent said. assigned ar transferred. Your Credit Limit Yaur credit limit is disclosed to yau when you receive card and, ienerally, an each monthly statement. We me: change your credit limit from time to time. The amaunt shown an your monthly statement as Ca Credit Available does nat take into. account any Purchas Cash Advances. finance charges. lees, any other transac Of credits which post to your a.ccount after the Closing I of that monthly statement. Such transactions could re: yaur credit limit being exceeded and result in the'asses of OverJimit Fees. 8 What We Mall Do if You Attempt to Exceed Your Credit Limit The total outstanding balance on your account plus authorizations at any time must not be more than your credit limit. If you attempt a transaction which results in your total outstandini balance (plus authorizations) exceeding your credit limit. we may: (J.J permit the transaction without raising . --yoor-credit-limit;"('2)-permit--the-transaction and treat the : amount of the transaction that is more than the credit limit .. as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the transaction that it has been refused. If we refuse (0 permit a Check Cash Advance or Balance Transfer, we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused, that there are insufficient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner. If we have previously permitted you to exceed your _credit limit. it does not mean that we will permit you to exceed your credit limit again. If we ded~e to pennit you to exceed your credit limit. we may charge an Overlimit Fee as provided in this Agreement. Unauthorized Use of Your Card Please noti,fy us irnmediately of the loss, theft. or possible unauthorized, use of your account at 1-800-421-2110. You Must Notify Us When You Change Your Address We strive to k~p accurate records for your benefit_and ours. The post office an,d others may notify us of a change to your address. When you change your address. you must notify us promptly of your new address. What Law Applies This Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware (without regard to its conflict of laws principles) and by any applicable federal laws. The Provisions of This Agreement are Severahle If any provision,of this Agreement is found to be invalid, the remaining provisions will continue to be effective. Our Rights Continue Our failure or delaY in exerdsin{l any of our rights under this Agreement does not mean that we are unable to exercise those rights later. Arhitrationand Litigation This Arbitration and LItigation provision appries to you unless you were given the opportunity to rejed the Arbitration and Litigation provisions and you did so reiect them in the manner and timetrame required. If you did reject effectively such a provi~ion, you agreed that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware, Any claim. or dispute rClaim") by either you or us against the other. or aiainst the employees, a€ents or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or Y9ur account (whether under a statute, in contra'ct:.t(nt, or otherwis~ and whether for money damages. penalties:c;;'decJaratory or .equitable relief), including 9 Claims regardifl€ ttle applicabiHty of this Arbitriltion-and Litigation Section or the validity of the entire Agreement or any prior Agreement, shall be resolved by binding arbitf'CItic The arbitration shall be conducted by the National Arbitrati f'orum("NAF"'), under the Code of Procedure in effect at the th the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed -at any.Natiol _Arb.i:t[atiQ.lLfol.I,II!LQffi~~._www.arb--forum:com, or P.O. Box 501~ Minneapolis, Minnesota 55405, telephoner':80o.:~74~.231Ln~j NAF is unable or unwilling to act as arbitrator, we may sub stitute another nationally recognized. independent arbitrati organization. that uses a similar code of procedure. At your written request, we will advance any arbitration fi ling fee, admir'listrative and hearing fees which 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 a arbitration filing. administrative or hearing fees in an pmol' greater than.what your coun costs would have been it the Claim had been resolved in a state court with jurisdiction. Any arbitration hearin€ at which you appear.wlll take,place within the federal judicial district that iric.lud~s your billing address at the time the Claim is filed. This arbitration agrE ment is made pursuant to a transaction invo)vitlg-.jnterstatl commerce and shall be govert'led by the Fed~ral Afbitratior Act, 9 U.S.c. ~~ 1-16 ("FAAM). Judgment upOn any' arbitratic award may be entered in any coun having jurisdiction. The arbitrator shall follow existing substantive law.to the extent consistent with the FAA and applicable statutes of limitation and shaH honor any claims or privilege recoenized 'by law. .-If party requests, the arbitrator shall write an opinion.containit the reasons for the award. No Claim submitted to arbitration is heard by a jUry anc no Claim may be brought as a class action or as a private attorney @eneral. You do not have the right ta act as a c1a~ representative or panicipate as a member .6(8 class of claimants with respect to any Claim. This Arbitration and Litigation Section applies to all Claims now in existence 0 that may arise in the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any volunta payment of the debt in full by you. any bankruptcy by you sale of the debt by.us. For the purposes of this Arbitration and.Litigation Secti "wefi and hUSh means MBNA America Bank, N.A., its parent subsJdiaries, afflliates, licensees, predecessors, successon assigns. and any purchaser of your account,..and aU of :thei officers, directors. employees, agents and assigns or any a all of them. Additionally. "we" or "1,15" shall mean any thin party providing benefits. services, or products in connectic with the account (including but not Iimit~_d to credit bure; merchants that accept any,credit device is~ued-under the account. rewards or enrollment services, credifinsurcmce companies, debt collectors and all of their officers, direct( employees and agents) if. and only if, such a third party i~ named by you as a co~defendant in any Clqim )'ou assert against us. . If any pan of this Arbitration and Litigatiof'l Section is found to be invalid or unenforceable under af'lY law or sta consistent with the FAA. the remainder of this Arbitration Litieation Section shall be enforceable without regard to invalidity or unenforceabBity. ' . - THE RESU~T-OF THIS ARBITRATION AGREEMENT IS 1 EXCEPT AS PRO....IDED AeOV.E;CLAIMS CANNOT BE 1..1T GATED IN COURT, 'INCI..UDING SOME CLAIMS THAT eOL 10 ; iHAVE BEEN TRIED BEFORE, A IURY, AS CLASS ACTIONS OR IAS PRIVATE ATIORNEY GENERAL ACTIONS, , iCREDITINSURANCE BENEFITS. ILlMITATIONS. COSTS & EXCLUSIONS iCONSOMER PROTECTION. DISCLOSURES ' '.. , , . . i CREDIT INSURANCE IS, NOT A DEPOSIT, NOT FDIC- -WNS~01JNSUREll..BX,~I),EJW.J;;Q.~!tNMENT i A(;;ENCY;AND NOT GUARANTEED BY THE BAN~, . . u ,.-. I Pl!RCHASE.OF CREDIT INSURANCE IS NOT, A CONDITION !.OF OBTAINING CREDIT. IF COVERAGE IS DESIRED, IT ; MAY BE PURCHASED ElSEWHERE. ] Credltlns1,lfsnce pays your minimum monthly payment- tup to your balance on the date of loss (not to exceed $25.600. !except disability in MN), until "you return to work.. if you'are I invOluntarily unemployed.1a1.2.llY disablea, or if you or your 'spouse takes covered family leave: Credit Insurance also 1 pays your insured outstanding"balance up to the lesst of your I outstanding balance, your credit limit (not AL. AZ, AR. DE, fOC. 10. IL. IA. LA. MD, MN, MS, NV. ND, OH. OK. Rl/SE):,VT. fWA, WV & WY), or $25.000 if you .die. . ) EIi.lllblUtv: One insured per account (insured mu'sr be the I primary cardholder or a co-applicant.. 'authorlzetll. users' are not 1 eligible). under age 66 (70 in AZ. NV & VA: 7 I in FL.- GA: ML j MO & OK: 72 in NM). Your 'coverage ends at these same ages i~except family leave in AZ."FL & SD &- unemployment}. When I enroUed, certificates will be malled explaining your coverage ': & effective date. In MN, unemployment coverage is effective i 61 days from your certificate effective date. For unemployment i or family leave ben~flts. you must be gainfully em~oyed . : working at least 30 h~k (not self-employed or an independent : contractor) for 90 consecutive days before the date of loss : (CO - before application date), (PA ~ on the date of loss). 1 nx - before coverage effective date for unemployment). \ Employees 01 professional corporations may be eligible. , CovEiraEes 6: Beneftb: Credit Insurance covers: your \ death; involuntary unemployment due to';ob loss,general i strike. unionized labor dispute, or Io'ckout;"total disability due ! to sickness or injury if you are unable to perform tne material ~ &- substantial duties of your jQb lor any job aher 12 mos. in I PA; 18 mos. in AL, AZ. AR. CA, DE, DC, GA. HI. 10, IL. IA; KS. LA, MD. MN. MS. NV.,NI.ND.OH. OK, RI. SO, TN. \IT. WA, WV, WI &- 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. cnild. stepchild or parent in AK): mandatory recall to active military duty; jury duty lexcept in AK); or residence In a federally declared disaster area. Loss Inot death) .must continue at least 30 days before benefits begin. In NY. for. strikes..unionized labor disputes &- lockouts. you must be unemployed for 7 consecutive weeks & qualify fm.state unem- ployment benefits before benefits begin. A daily benefit is paid for each day of loss over 30 days for unemployment in NY & PA. and disability in CA, CT. GA, NY. MI, PA. RI & SC You may cancel this coverage at an'y time. If canceled within . the first 30 days of coverage. all premiums will be relunded. ~dusion5: Life; suicide in the first 6 months':of.coverage . (not MD & MO). Involuntary U,nemployment: retirement, ! resignation, voluntarY forfeitur.e of income or job loss ~ue to i willful or criminal misconduct. disability. strikes in'IL,"military discharge in NY & normal seasonal unemployment in TX. ,Disability: normal pregnancy or childbirth (not CA, MA &: NV). ; intentionally self~jnfli_((ed injuries (not-MDI, or a pre-existine i medical condition durirfg-ftrst 6 months' of coverage Inot NIl. II Family leave benefits are not paid if you are eligible for or receiving unemployment benefits or are disabled. This is only a brief .description of coverage, and coverages vary by state. Please refer to your certificates for a full explanation of coverage. . Costs per SIOO Der Month of Averu:e Danv Balance: Costs apply to LIfe (Ll. DisablUty (01. Unemployment (UI & Family Leave I~L AL 545<:; AK n<; Xl. 99,9S.AR 99<; CA. 89,9<; CO 50,66<; CT 42,89<; DE 99,9<; DC99,9<; FL 89<,CA 90.8<; HI 89,91<; ID 99.5< (L 8:6<.016,9<. U 54<. F 20<1; IL ; 80,97<; IN 96<; IA 97,8< tL 7.2<.016,6<, U 540. F 200); KS 85.47<; KY 97.4<; LA 99,93<; ME 53,05<;'MD 79,74<; MA 15.7<; MI85.7<; MN 31.47<; MS 925<; MO 61.1<; MT 93,9<; NE 95,8<; NV 99,87<; NH 95<; I'll 97<; NM 58,90; NY 52.5< IL 8.80. D 26.8<. U 16,9<1; NC 71.3<; NO 94,97<; OH 99,9<; OK 97.47<; OR 80,8<; PA 38,1<; PR 990; RI99,8<; SC 78,8<; SO 99.9<; TN 92.5<, TX 33,7< (L 4,8<. D 12,9<, U 16<); ur 90.44<; \IT 34,92< IL 6,68<. D 12,24<. F 160); VA 84< (L 6.1<.0 S,9<. U 49<. F 20<); WA 89.39<; WV 99,5<; WI 93,6\: (L 5,7<. D 8,90, U 59<. F 20<) & WY 99,7<. Availability. Involuntary Unemployment is not available in MA or VT. Family Leave is not available in AL, CT, MA, MD, MN. NM, NY. PA. or TX. UnderWritina. CompaniesIPolicv: Involuntary Unemployment: American Security/LOI(5/851. LOI NY(3/931. Af5 LOI TX111199J. LOIC-IP.KS(21961, LOIC-IP-CRS-ME(5/S'I and LOiC-IP: Standard Guaranty/SG LOI (5/85) (NH only). Life & Disability: Union Security LlfelL~I-Z. L~S-G in AL. AZ. AR. DE. DC. 10, IL. IA. KS, LA, MD. MN. MS. NV. NO. OH. OK. RI. SO, VT..WA. WV & WY: Standard Cuaranty Life (TX only)1 L-I.Z(8/921l3.53RA). First Foltis Lire INY Lire only)/NYLMOO 13, American Security (NY Disability onIYIIW-S~A. Fortis' Insurance (ME only)/U-X-A. Family Leave: American SeourltylFLP (4197J. FLP-FLjl2I97) in FL, FLP-NC (31981 In NC. FLP-oK(4/971 in OK. FLP-VA(2I9S) In VA. FL-IPIAZII7I9B) in AZ. FL-IPI4/97) In IL & IN: FL-IP.KS /12197) In KS. FL-IP-ME (4/99) in ME: FL-IP~WY(4/97) in WY; Standard Guaranty/FLP (4/97) in NH: Union Security Life/FLP-VT(4197} in vr. Solicitin€ agents for Mississippi and F10rida are Charles M. Gordon and Pamela Curtis respectively. The creditor may receive compensation in connection with this offer. lt is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any otner person. Penalties include imprisonment and/or hnes. In addition, an insurer may deny insurance benefits li false Infomation materially related to a claim was provided by tne applicant. -Less past due and over credit limit amounts. In MI, coVer~ age pays 5% of the balance on your date of disability up to $1250. In OR. coverage pays the.greater of 1136th of the bal- ance or the current minimum payment due orl. your date of loss. In NY & PA. coverage pays the minimum..payment due on your date of loss. In TX. coverage pays the greater of 6% of your insured outstanding balance 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 & TX; 12 for disability In AK. CO. CT. FL. KY. MA. MO. MT, NE. NH. NM, NC. OR. SC. UT & VA. I NY. NI & TX Residents Only: To purchase coverages separately. write to Assurant Group, P. O. Box 50355, Atlanta, .GA 30302. Applications will be sent to you. ,.. ~ :il ~ ;; ;';\ ;z ., o ., ....... ....... 12 .~~--- ..........-".-. ^-"'.'-"- 31,7 EXHIBIT "B" III NATIONAL ARBITRATION FORUM" MBNA America Bank, N.A. c/o Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 702 King Farm Blvd, Two Irvington Centre Rockville, MD 20850-5775 CLAIMANT(s), AWARD RE: MBNA America Bank, N.A. v Merriam Burns File Number: FA0310000199629 Claimant File Number: 4313026140428854 Merriam Bums 325 Hemlock Rd MECHANICSBURG, PA 170555822 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: 1. That no known conflict of interest exists. 2. That on or before 10/02/2003 the Parties entered into an agreement providing that this matter shall be resolved through binding arbitration in accordance with the Forum Code of Procedure. 3. That the Claimant has filed a claim with the Forum and served it on the Respondent in accordance with Rule 6. 4. That the matter has proceeded in accord with the applicable Forum Code of Procedure. 5. The Parties have had the opportunity to present all evidence and information to the Arbitrator. 6. That the Arbitrator has reviewed all evidence and information submitted in this case. 7. That the information and evidence submitted supports the issuance of an Award as stated. Therefore, the Arbitrator ISSUES: An Award in favor of the Claimant, for a total amount of $3,970.36. #d/~. Jack M. Marden ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly entered and the Forum hereby certifies that a copy of this A ward was sent by first class mail postage prepaid to the parties at the above referenced addresses on this date. Entered in the State of Pennsylvania ~.J.. ,. . Q.. \~...-- Date: 06/07/2004 Honorable Harold Kalina, Ret. Director of Arbitration 06/07/2004 '-- ..., 0 (") c..) C' ~ 01 ~ <~ --I r ~ (/) I"'T'; f'1 m(--== -0 -01':11 t) 11 I '(jl~ '. " l.O ~J~ " ...... .., ~) ~ ~, :::! ( ) .. N ":-'::1 ~- ~ lr; ~4 ('1 '-7) :< C'\ -< 0 (j ,& SHERIFF'S RETURN - REGULAR CASE NO: 2004-045!32 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MBNA AMERICA BANK NA VS BURNS MERRIAM CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BURNS MERRIAM the DEFENDANT , at 1018:00 HOURS, on the 15th day of September, 2004 at MANORCARE 940 WALNUT BOTTOM ROAD CARLISLE, PA 17013 by handing to MERRIAM BURNS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.40 .00 10.00 .00 35.40 .r~~<~ R. Thomas Kline 09/16/2004 WOLPOFF & ABRAMSON Sworn and Subscribed to before me this ;!.2~ day of _~ '/O(}Y A.D. Ll_A" . Q I;~WA ~f;thonotary , 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. 044552 : Plaintiff vs. !1ERRIAM BURNS Defendant (s) PRAECIPE FOR JUDGMENT Mr./Ms. Clerk: Please enter Judgment in favor of Plaintiff and against Defendant(s), hERRIAM BURNS and for want of ANSWER TO COMPLAINT. Amount due $ 3970.36 Interest $ Attorney's Commission $ Filing costs $ TOTAL $ 3970.36, plus interest ( X) I certify that the foregoing assessment of damages amounts alleged to be due in the complaint and is calculable as the. complaint. ( X) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ( X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. ( X ) and costs is for specified a sum certain from DATE: Ja-lQw Signature: ~ Amy . Doyl i 7062 Daniel F. W fson #20617 Bruce H. Ch rkis #18837 Philip C. Warholic #86341 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Plaintiff NOW, ~,,~ _'1 c:; , 20~, PRAECJ/PANOJ W&A FILE NO. 111330123 ~ 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. 044552 Plaintiff vs. CIVIL ACTION - LAW MERRIAM BURNS Defendant (s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Amy F. Doyle, Esquire, being duly sworn according to law, depose and say that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and belief Defendant, MERRIAM BURNS , above-named, is over 21 years of age; is last known to reside at 325 HEMLOCK RD MECHANICSBURG PA 17055-5822 County of York, Pennsylvania; is not in the military service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act and its Amendments. COMMONWEALTH OF PENNSYLVANIA Notarial Seal . Dina A. Sweitzer, Notary Public City of York, York County My Commission Expires Apr. 16, 2008 Amy 1/ 70 2 Daniel F. W 1/20617 Bruce H. Ch kis #18837 Philip C. Warholic #86341 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Plaintiff SWORN and SUBSCRIBED to before me this V- day of lJ L01It1ev 20Cf-J. PNMAFF/PANOJ W&A FILE NO. 111330123 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. 044552 Plaintiff vs. CIVIL ACTION - LAW MERRIAM BURNS Defendant Cs) CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I, hereby certify that the precise residence of Plaintiff is: MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 and certify that the last known address of the within Defendant(s) is: MERRIAM BURNS 325 HEMLOCK RD MECHANICSBURG PA 17055-5822 ~~ Amy F. Doyle 8 062 Daniel F. W fson #20617 Bruce H. Ch rkis #18837 Philip C. Warholic #86341 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Plaintiff PCRES/PANO] W&A FILE NO. 111330123 MAIN OFFICE TWO IRVINGTON CENTRE ~02 KING FAilM BLVD., ROCKVilL.E, MD 20850 REGIONAL OFFICES 10605 JUDICIAL DR., BLDG. A.5, FAIRFAX. VA 22030 1108 E.MAIN ST.. STE. 1003, RICHMOND, VA 23216 5122 GREENWICH RD., VIRGINIA BEACH, VA 23462 919 N. MARKET ST., $TE. 1300, WILMINGTON, DE 19899 1954 GREENSPRING DR.. STE. 400, TIMONIUM, MD 21093 1 VALLEY BANKBLDG, BOX 1226, CLARKSBURG, WV26302 2625 TOWNSGATE RD #130, WESTLAKE VILLAGE, CA91361 267 E. MARKET ST., YORK, PA 17403 NATIONAL COLLECTION ATTORNEY NETWORK AFFILIATED FIRM lOCAnONS NOT REGIONAL OFFICES OF WOLPOFF & ABRAMSON, LLP. BIRMINGHAM, ALABAMA ENGLEWOOD, COLoRADO ANCHORAGE, ALASKA FT. L..AJJDERDALE, FLORiDA PHOENIX, ARIZONA NORCROSS, GEORGIA CABOT, ARKANSAS HONOLULU, HAWAII 111330123 MERRIAM BURNS LAW OFFICES W 0 l PO FF & A BRA M S 0 N,l. l. P. Attorneys in the Pract{ce of Debt CoJ/ection (A National Collection Attorney Network Firm) 267 EAST MARKET STREET FIRST FLOOR YORK, PA 17403-2000 717-848-6203 OUTSIDE YORK METROPOLITAN AREA (TOLL FREE) 1-800-758-0675 FACSIMILE (717) 84B-1146 PLEASE DIRECT ALL INQUIRIES TO YORK OFFICE OCTOBER 16, 2004 325 HEMLOCK RD MECHANICSBURG PA 17055-5822 Re: MBNAIVISA vs. MERRIAM BURNS Docket No. 044552 Dear MERRIAM BURNS NATIONAL COLLECTION ATTORNEY NETWORK AFFILIATED FIRM LOCATIONSJNOT REGIONAL OFFICESOFWOLPOfF&AB MSON, LLP.) 'II BOISE, IDAHO CLEVELAND, OHIO MERRILLVILl.E./NOIANA OKLAHOMA CITY, OKlAHOMA CHICAGO, ILLINOIS EUGENE, OREGON KANSAS CITY, KANSAS PROVIDENCE, RHODE ISLAND LEXINGTON. KrNTUCKY COLUMBIA, SOUTH CAROLINA META1R1E, LOUISIANA KNOXVllL.E, TENNESSEE NEEDHAM, MASSACHUSETTS HOJSTQN, TEXAS SOUTH FIElD. MICHIGAN SANOY, UTAH MINNEAPOLIS. MINNESOTA MILWAUKEE, WISCONSIN ST. LOUIS. MISSOURI RAWLINS, WYOMING GREAT FALLS, MONTANA OMAHA. NEBRASKA LAS VEGAS, NEVADA MANCHESTER. NEW HAMPSHIRE CEDAR KNOLLS, NEW JERSEY SYOSSET, NEW YORK RAL.EIGH, NORTH CAROLINA FARGO, NORTH DAKOTA . Th. NatiOnal Co".ction Attorn.y Net'llon! ~ an affiliation of ..parato law firm.. W&A Hours of Operation; aa.m. .11 p.m. E.S.T. M.P I W&A File No. 111330123 Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Enclosure CC: MERRIAM BURNS Sincerely, WOLPOFF & ABRAMSON, L.L.P. Amy F. Doyle, Esquire This is an attempt by a debt collector to collect a debt and any information obtained will be used for that purpose. NOT10DIPANOTC LTRHD(09/22i04) . 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. 044552 Plaintiff vs. MERRIAM BURNS Defendant(s) TO: MERRIAM BURNS 325 HEMLOCK RD MECHANICSBURG PA 17055-5822 DATE OF NOTICE: 10/16/04 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Assn. 32 S. Bedford St. Carlisle 800-990-9108 PA 17013 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection By: Amy F. Doyle, Esquire 267 East Market Street York, Pennsylvania 17403-2000 Telephone: (717) 846-1252 I.D. #87062 Counsel for Plaintiff IMPNOT/PANOTC W&A FILE NO. 111330123 -4 t~\B - ~ ') - -J-:.v ~~~r )~~:b ~ "Y ,.J" +- f-' -r- " '" '\ .~l ....-:.-, \ , ' - f".-' " . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD NO. 044552 Plaintiff vs. CIVIL ACTION - LAW MERRIAM BURNS Defendant (s) NOTICE OF JUDGMENT ( x) Notice is hereby given that a in the above-captioned matter h~~ entered $ 3970.36, plus interest, on ~~ against you in the amount of ,2005 . ( x) A copy of all documents filed with the Prothonotary in support of the within judgment is/are attached. Prothonotary If you have any questions regarding this Notice, please contact the filing party. ~ 7062 1120617 1118837 /186341 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 (This Notice is given in accordance with Pa.R.C.P. 236.) NOTICE SENT TO: MERRIAM BURNS 325 HEMLOCK RD MECHANICSBURG PA 17055-5822 STNTC/PANOJ W&A FILE NO. 111330123