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HomeMy WebLinkAbout04-5623IN THE COURT OF COMMON PLEAS OF CUMBERLAND MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 COUNTY, PENNSYLVANIA Plaintiff : VS. : SUNSHINE S MILLER : 422 BIG SPRING RD NEW CUMBERLND PA 17070-3103 : CIVIL ACTION - LAW Defendant (s) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD T~KE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NOTICIA Le han demandado a used en la corte. Si used quarere defensas de esas demandas expuestas en las paginas, siguientes, used tiene viente (20) dias de plazo al partir de la fecha de lademanda y la notifiation. Used debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a last demandas en corta de su persona. Sea avisado que si used no se defienda, la corte tomara medidas y psedido entrar una orden contra used sin prevlo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Used puede perder dinero o sus propledades o otros derechos importantes para used. LLEVE ESTA DEM~DA A UN ABODOAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUA_R 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. 120108031 953 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA /hMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 NO. C)cl - KC. Plaintiff : VS. : SUNSHINE S MILLER : 422 BIG SPRING RD NEW CUMBERLND PA 17070-3103 : CIVIL ACTION - LAW 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: 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, SUNSHINE S MILLER , is an adult individual with a last known address of 422 BIG SPRING RD NEW CUMBERLND PA 17070-3103 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. 1DSOA1/PACCP W&A FILE NO. 120108031 5. Plaintiff provided Defendant(s) with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned credit card account to which there was no bona fide objection by Defendant(s). 6. Pursuant to the Agreement concerning this account, the parties agreed that this matter be referred to Arbitration in the event of any claim and/or dispute if the account is referred for collection. See Exhibit "A" as previously identified and incorporated herein. 7. This matter was referred to Arbitration for determination and disposition, whereby an Arbitration Award was entered against the Defendant(s) and in favor of the Plaintiff for the outstanding balance due. A true and correct copy of the Arbitration Award is attached hereto, incorporated herein and marked as Exhibit "B". 8. As of the date of this Complaint, the remaining balance due, owing and unpaid on Defendant's credit card account, as a result of charges made by said Defendant(s) and/or any authorized users is the sum of $ 12862.27 9. Despite reasonable and repeated demands for payment, Defendant(s) has/have failed, refused and continue(s) to refuse to pay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff. 10. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, MBNA ~MERICA BANK, N.A. , respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant(s), SUNSHINE S MILLER , in the amount of $ 12862.27 plus costs of this action and such other relief as the Court deems proper and just. Respectfully submitted, Daniel F. Welfson #20617 Bruce H. Cf~rkis #18837 Philip C. Warhol~c #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 1DSOA2/PACCP W&A FILE NO. 120108031 961 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: Daniel F. '4elfson Bruce H. C~erkis Philip C. Warholic #87062 #2o617 #18837 #86341 WOLPOFF & ABRAHSON, 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. 120108031 955 EXHIBIT "A" · ' ' ,;..' · ;: :.~'.'. ' '.~"C: %" ' ~reoit Keporting ,~gen~...~, ....... . ........ · "'"' ' 't':-- .i:"' '""~: ..... ':' :' ' :" :" · How to Ose Your Account; ..... :.;:...L.: ....... 4 · ,.... -~:..~.-,... ~ ...... . .... ....,.:. · Payments on Your Account ...................... · .,-~ t.~.~. --: .:. ,~'.$o.~.', ......~,,-.,~ .' · We May Amend This..Agreement ..... ' ........ 8 Your Contract'With Us Your Credit Card At~reemen. t with us consists o! these Xdditional Terms End conditions'and the document called the Required Federal Disclosures or the Initial Disclosure. You a~tee to the terms and conditions of this A~rtement. For the purpose of the Priv~ct/N0ti~. we will use the delinitio. contained tn the third paragraph of the P~ivactl N0tke. For the remainder o! the Agreement. we will use the definitions T~b At/r~mml. Privacy Notice ~our privacy is important to us: At MBNA, we are committed to providin8 you with the finest financial products and services backed by consistently top-quali service. And while' information about you is h'Jndament to out ability to cio this. we fully recognize the importan of keepir~ personal and account information secure. To offer you the widest rar~e of products and service MBNA may share information about you both within MBNA and outside of MBNA with other compariies. This allows us to offer you products and services that may inti, rest 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..~fet[ua~s, what informatk we collect, what information~e share, and the benefits you receive when we share.~nlormat~on about you. This notice describes the privacy practices of MBN~ Corporation ~nd all MBNA affiliates, including MBNA America Bank. N.A.. MBNA Ame.ric~Delaware), Palladian Travel Services. Inc.. MBNA Hallmark information Services, Inc.. IvlBNA Marketing Systems. Inc.. and lViBNA InSurance A~end/: inc. Ic'ollectively. 'MBNA'), for financial products and services govern~ by the laws o! the United States of America. This notice explains Mt3NA's information coilection and sharing practices and. lets you choose whether or not MIBNA may share certain information about you, eith within MBNA or outside of MBNA with other companie O~r Secorit~ Procedures: MBNA understands the importance of protecting and .~ec~ring information an using it appropriately. Access-to ~nformation about 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 information. ~hen MBNA shares informationaboat you with companies outside of MBNA. w~ require them to . impose saleguards, use it only for a permitted purpos and to return it to us or destroy it.~nce that purpose i served. We ]imit the amount of Jn[ormation shared tc what is appropriate to offer a product or service effi- ciently. MBNA requires any company, receiving lnlor- marion from MBNA to sign a Confidentiality Agreeme containing these requirements and ob]i;atin~ that company to protect the information as we would. I Info~matton 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 follo~r~: · Information we receive from you on applications and other forms or through your correspondence or co,,-~nicatio~ith-~-in~:luding-through the mail. by telephone, or over the Intemet: · Information we receive from third parties, such a,~ consumer reporting agencies, to verify statements you've made to us. or re~afdir~ your employment. credit, or other relationships; and · Information about your transactions with MBNA with other companies outside of MBNA. Information We Sham W'~hln MBNA= We may shar~ of the information we collect about you with financial ice companies within MBNA to offer additioRal product~ services that may interest you and best meet your neec~ We believe this is convenient for you and may save you both time and money, lb do so. we share identification information Isuch as name and address), transaction a: experience information Isuch as purchases and payme~ credit eligibility information (such as oedit reports an~ applications), and other information. The decision to chase any such products or services is yours alone. Yo' may tell us not to share credit eligibility information at you within'~BNA, but please understand th'is does no prohibit us from offering you additional prc~lucts and services or from sharing transaction and experience. identification, and other information within MBNA. Information We Share Wi~ Othem: From time' time. we may allow companies outside of MBNA to ¢ you their products and services that may interest These products and services may be offered by finam service providers Isuch as banks, loan brokers, accou ag~re.~ators, insurance agents, insurance companies. mortgage bankers, and securities broker-dealers}, by n finandal companies (such as retailers, direct marketer communications companies. Intemet service provio~ manufacturers, service companies, travel agents, croi lines, car rental agencies, hotels, airlines, l~ublishe~s and organizations endorsing MBNA financial produ( or servicesL and others Isuch as nonprofit or~anizatk Subiect to applicable law. we may share all the'info~ tion we collect with these companie~outside of MB unless you tell us not to. :' Additionally. we may share all the information collect with companies that perform marketing or c services on our behalf or to other financial instituti with which we have joint marketin~ a~reements. are also permitted by law to share information abc you with other companies in certain circumstance. For instance, we may share all of the information collect with companies assisting us in'servicin~ yo · loan or ac, c.q~j~t, with companies that endorse our products an.ct..ee.rvices thro.gh affinity agreements with government entities in response to.subpoenas or regulatory requirements. and with consumer reportir~ agen(~ies. If you tell us not to share information with companies outside of MBNA that wish to offer you their products and services, as described above, please understand that we will continue to share information in these additional circumstances. Important Information About Your Choice: We're "dedicated to servint[ your needs - and to respectine '~our choices related to privacy. You may tell us not to share credit elii~ibility information within MBN^. 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 1-84~6-75i-1255. ~Ve will ask you to verify your identity and {he specific accounts to which the opt out applies, so please have ali your account, membership, or reference numbers and your 5ocial ~curity number or Taxpayer Identification'number for deposit accounts available ~.hen you call. MBNA applies opt outs at the accb~t level, not l~y individual Customer. When any person, listed with .others On an account opts out ~for example, a ~b-applicant, ioint account'holder, or authorized us~r), wa'will li~t the entire account as having opted.out, lvtBNA will continue to adhere to its disclosed .priyacy. pratt, ices for. an. account even if it becomes inactive or. is.: cl~ed. An opt out from information sharing on. an account as des~:ribed above, 'either witHin"MBNA ahc[/or with companies outside of NIBNA, remains effective unless revoked in writing. Federal regulations require usto' provide this notice on an annual basis,'whether or not an account has previously opted out from either type of information sharins. Please remember when you receive our subsequent notices that an account previously opted out from either or both types of information sharir~ (and not revoked in writir~) does not need to be opted out attain. This notice updates and replaces any previous notices from M13NA about the privacy, security, and protection of information. For additional information re~ardin~ MBNA's'privacy practices :concernini~ the Internal, and to view the most recent.version of this privacy notice, please ([o to w~v.mbna.c(~m and click on 'Privacy Notice." You may have other ~rivacy pro- tections under state laws. ~Ve may amend this privacy notice at any time, and we will inform you .of chan~es as required by law. Words Used O~ten i~ Thi~ A~reement 'A~reement' or 'Credit Card A~re~ment' means these Additionbl Terms and Conditions and.the Required Federal Disclosures (or the Initial Disclosure)' and any chant[es we make to those documents itom time t.o time. 'You' and 'your' mean each and all of the persons who are t~rauted, accept ot ~ ~n ~ccount w~.hold. 'You and 'your' also mean any oth~t [:~mson who has ~uaranteed payment o! this account, when used in the sections entitled. We Ivt0,il~r a,d P,~or~ T¢IA~0~ Calls, and A~ilralb~ ami and when uaed in each of the sections relating to pa)me this account (Your Prem~ 10 Pail, and H0~ W~ Nbcal~ Your Pull,mis, lot example). 'We,' -'us,'.'our' and 'IVlBNA America' mean MBNA Ame.ri. ca.Bank.. N.A. 'Card' means all the credit cards we issue to you and' any other person with authorization for os~ on this accot pursuant to this A~reement. 'Access check' means an access check we provide to y, make a Check Cash Advance on your account. II we use a capitalized term in this document but we d define the term in this document, the term has the mean ~iven in the Required Federal Disclosures or the Initial Disclosure, or as used in your monthly statement. ~e use section headings Isuch as, ~N0rds Uset O~ in ~ A~r~mmtl to o'r~anize this AWeement. The actual terms of ti Awesmeut are in the sentences that follow and not the heat Sign Your Card ¥o1~ should si~n your card before you use it. We May Monitor and Record Telephone C~ You consent to and authorize tdBNA ~merica. any of it affiliates, or its marketing associates to monitor and/or re an)' of your telephone conversations with our representat or the representatives o! any of those companies. Credit R~eporti~g Agencies You authorize MBNA America to collect InlormaUon abo~ you. including .credit reports from consume! reporting I! you believe we have iumished inaccurate or incomph information about you or your account to a credit repor~b agencT, write us at: MBNA. C~edit Reportin~ ~encies, P.C Box 17054. ~Viimlr~ton. DE 198~-70~4. Please include name. address, home phone number, and account numbe and explain what you believe is inaccurate or incomple~e. How to Use Your Account You rna)' obtain credit in the form of Purchases and Advances by using cards, access checks, you~ account Hum or other c~edit cievic~. Please refer to your Required Fe~ Disclosures or Initial Disclosure to determine what trsnsacti constitute Purchases and Cash Advances and how you ma obtain them. Transaction Date for Certain Cash The transaction date lot Chec~ Cash Advances and Bola Transfers done by chec~ is the date you ~f.!he person to whom the check is made payable first deposits or cashes checl~ The transaction date for a returned payment la Cash Advancel is the date that the conesponding paymen posted to your account. Purposes for Using Your Account You ma). use your account lot personal, tamiht, or houset purposes. You may not use your account !or business or commercial puqaoses. You may not use a Check Cash Advance. or any other cash Advance. to make a pa~nnent this or an). other credit account with us. You may not use permit yom acc~i~nt t~ be used ~o make any Illegal transa~ 3 4 Persons Using Your Account if you permit any person to use your card. access chedcs. account number, or other credit device with the authorization to obtain credit on your account, you may be liable for all transactions made by that person in. eluding transactions lot which you may not have intended to be liable, e~n il the amount ol those transactions causes your credit limit to be exceeded. ~othoflzed users of this'account'may have the same access ... to inlormation about the account and its'users as the account holders. How You May Stop Payment on an Access C~ec~ You may request a StQp payment on an access ~:heck by providing us with the access check number, dollar amount, and payee exactly as the~ appear on the access check. Oral and written stop.payment requests on an access check are effactive [. f~ s. Jx months from the day that we place the stop payment. You MaY Not Postdate 'an Access Check You may not issue a postdated access che~k on your account. II you do postdate an access cher~ we may elect to honor it upon presentrn~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 are not liable to you Ior any loss or expense incurred by you arising out of the action we elect to take. Your Promise to Pa]~ ' You promise te pay us the amounts oi all credit you obtain, which includes 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 against your account. Paymen1~ 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 am greater than the Total Minimum Payment Due will not atfect your obligation to make the next Total Minimum Payment Due. I! you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will relect payments that are not drawn in U.S. dollars and those · drawn on a linanclal institution located outside o! the United States. Payment of your Total Minimum Payment Due may ri.ut avoid the assessment of Overlimit Fees. : When Your Payment Will Be Credited to Your Account We credit payments as ol the date received, ILIhe payment is: ill received by 2 p.m. (Eastern T~me):~2) received at the a~chess shown in the upper lab-hand comer c~ the ltont of your monthly statement: i31 paid with a check drawn in U.S. : dollars on a U.S. financial institution or a U.S. dollar money order: and ia] sent in the return envelope with only the top put, ion of your statement accompanying it. Payments received aher 2 p.m. on an~ da~ includi~ the Payment Due Date, bu~ that othe~vise meet the above requirements, will be credited as of the next clay. Credit [or any other payments n~¥'be delayed up to five days. How We Allocat:e. Your Payment~ We will al}ocate ~;o'~-payments in the manner we determine. In most instances, we will allocate your payments to baianc~ lincluding new transactions) with lower APEs bef~)re.balanc~ with higher APEs. This will result in new balances with a lower APR le~,. those with promotional APR ofle~} being paid before any other existing balances. Promise to Pa~ Applies to Ail Persons · ...All persons who initially or subsequently request, accept. guarantee or use the accotin'i ~re individually and to,ether responsible lot any total outstanding balance. We may rufus to release from liability any person who is respohsible to ~) any total outstanding balance, until all o~ the card~, access checks, and other credit devices outstanding uridef 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 d&lauit of this Agreement if: [! ) ~ou fall to make any requited Total Minimum Payment Due by its Payrne~ Due Date: (21 your t. otal outstanding balance exceed, s.your credit limit: or (31 you fall to abide b~ any other term of this Agreement. Solely for the purl~ses of determining eligibility and premium payment obl~aflons lot the optional crude insu ance purchased through 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 clues not mean that we are una..ble to exercise those rights upon later default. When We May Require lmmedia~ P. aym~ 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 ArOitrat, iea aad biti~atio, section of this Agreement. we can also require you to pay the costs we )n~r }n any collection proceedirK, as wel~ aa reasonable attorneys' lees if we refer your account for collection to an attorney who is not our salaried employee. Other Paymen! Terms : We can acce~t late payments. ~lrtial payments, or payrne; with any restrictive writing without losing any of our rights under this Agreement. This means that no payment, includi those marked with 'Paid in full' or with any other restrictive words, shall operate as an aCCOKI and satisfaction without t' prior written approval of one of our senior officers. You may not use a postdated chedc to make a payment. If you do date a payment check, we may elect to honor it upon prese merit or return R uncredited to the person ~hat.pres.ent.eci without in either case waiting for the date shown on the check. We are not liable to you lot any Ic~ or expense' incurred by you arisir~ out of the action wtelect to take. Payment Holidays ~e may allow you, from time to time. to omit a monthly payment. We will noilly you when this option is availab~e, If you omit a Payment. finance cha~ees and any app~icebte lees will accrue on your account in accordance with this Agreement. You must resume making your Total Minimurr Payment Due each month tollowing a payment holiday. Transactions Made in Foreign'Curren¢i~ If YOu make.&.transactlon in a foreign currency, the tion will be co'nv~ted by Visa International or Maste~-ard International,. del~er'~ding on which card you use. into a LJ.~ i dollar amount in accordance with the operating regulations or. } conversion procedures in ¢tfec~ at the time that the transaction i is processed. Currentl~..those regulations and procedures · prof...that the cunency conversion rate to ~e used is either I i} a wholesale maAet rate or (21 a govemmemomaridated rate , in effect one day prior to the processing date, inoeased by one - percent in each case, Visa or Maste~C~nd retains this one pement · as compensation tor periorming the currency conversion se~v- '- 1L-e~The-c~neT~ col~v'elsion rat~h' effect on the processing r 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 i determined by us. Each billing, cycle begins on the day aher ~ the Oosing Date'of,the previous, billing cycle. £ach state, men( .· reflects a single billing cycle. · Account.Fees' " · Account Fees: The follpwin~ fees, which are set forth on your : Required Federal Disclc;su. ms or Initial Disclosure, are charged, i as Purchases it~'(he billing cycle in.which the fees acc~: · I I )4 ,Late Fee if the Total Minimum Payment Due shown on : your monthly stat.emen! is not received by ,us on or before its · Payment Due. Date:- .12) an Ovedimit Fee if your.New, Balance Total exceeds ~ credit limit on the.last day o! a.billing cycle, even if fees .or i finance charges ch'&rge~'~y..~ cause your Ne~ Bialance Total' · to exceed your oedit limit; an Overlimlt Fee is charged to your ~' account as of the day.in the billing cycle that your total out- ~, standing balance on your, account exceeds your credit ii,nit: "13) a Returned Pa~'me~F~e;If a payment on your account is ~, returned for insufficient'funds or for any other reason, even '., it is'paid upon su. bse~juen(l~re, sentm.ent: ', (~1) a Returned Cash Advance Check Fee if we ~etum an access ~ check unpaid for,any r,ea .sba., even if the .access check is paid i upon subsequen~ prese, ntm~nt: ! 15} a Copy Fee for each copy o~ a monthly statement or sales ! draft, except that the six most recent monthly ~tatements and ~ six salas drafts will be provided for free: and : 16) an Annual Fee if your account is open or if you maintain an i. account balance, whether, you have active charging privileges ! or not. -~ Abandoned Prope~7 Char&es: Unless prohibited by applicable ! law, we will cha~ge your account, as a Pu'n:hase. for any costa i incurred by us associated with compl~ing with state abandoned Please review your Required Federal l~isc].osures or Initial' Disclosure for additional fees and charges,that may apply to your aL~'ount. Beneflt~ I We may offer you certain benefits and services with your account. Un]ess expressly made a part o~ this Agreement. any such' benefits or senqces'are not a Part'of this Agreement. but are subiect to the terms and restrictions outlined in the ben,fit,5. brochure and other offiC~ial documents provided to you from time to time by or t~n behalf ol MBNA'America. We may adiust. ' add. or delete~beheflts and services at. any time and without ' notice tO YOu. Refusal to Honor Your Account We are not liabl~ ~'~.~:any refusal to honor your account. This can include a reh~sM to honor your ca~ or account number or any check written on your account. We are not llab|~ for 7 any retention of your card by us, any other bank, or. any provider of ~oods or services. We May S~spend or Close Your Accou~l: We may suspend or dose your ~:ount or otheredse te hate your right to use your account. We may do this at a~ time and for any reason. Your obligatioAs under this ~-Agreement-centinueeven.after. we have done.this. You r~ destroy all ca~s, access checks or other credit devices or account when we request. You May Close Your Account You may close your account by noti~ng us In writin~ t telephone, and destroying all cards, access checks or otb. credit device¢ on the account. Your obligat, ions under thi: Agreement continue even a~tet'you h~ve done this. Transactions After.Your Account !$ When your account is dosed, you must 'contact anyone authorized to charee transactions to your a'_count, such as intemet service providers, health clubs or insur&nce coml~ These transactions ma), continue'to be char~ed '~o your accotint until you change the billing. Also, if we believe: have authorized a transac~ion or are attempting to use y~ account after you have requested to close the account, w may allow the transaction to be charged to your account. We May Amend This Agreement We may amend this Agreement at any time. We may amend it by adding, deleting, or changing provisions o! t Agreement. When we amend this Agreement we will con with the applicable notice requirements o[ lederal and Delaware law that are in effect at thai;time, i! an emend' gives you the opp&nunity to reiect the change, and ii you the change in the manner provided in such amendment, v may terminate your rigl~t to receive c~edit and may ask ~ return all credit devices as a condition of your re|action. · amended Agreement Iincludlng any higher rate or other I charges or lees) will apply to the total outstanding balar including the balance existing before the amendment becan effecth~e. We may ~ your catcl with another card at We May Sell Your Account We may at any time. and without notice to you. sell, a or transfer your account, any sums due on your account. Agreement, or our right~ or obligations under your acco~ this Agreement to any person or entity, The person or · to whom we make any such sale. assignment or transler be e'ntitled to all o! our rights and/or obligations under Agreement. to the extent sold. assigned or translerred. Your Credit Limit Your credit limit Is disclosed to you w'l~en you receive card and, generally, on each monthly statement. ~e m~ change your credit limit imm time to ti.me. The amount shown on your monthly statement as Ca Credit Available does no~ take into account any Purchas Cash Advances, finance charges, fees, any other or credits which post to your account aher the CIosir~ of that monthly s~atement. Such transactions could your credit limit being exceeded and result in the'asses o~ Overllmit Fees. What We Mail DO if You Attempt. to Exceed Your C'redit Limit The total outstanding balance on your account plus authorizations at any time must not be more than your credit limit. If you attempt a transaction which results in your total outstanding balance {plus authorizations) exceeding your oedit limit, we may: ( I.] permit the transaction without raising · - ¥om-credit-timit:-i'2')'permit'the~ransacti°n 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 to permit a Check Cash Advance or Balance Transfer, we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been tel'used, that there are insufficient funds to pay the Check Cash Advance or Balance Transler, or in any other manner. If we have previbusly permitted you to exceed youi.credit limR. it does not mean that we will permit you to exceed your credit limit again. If we dad.de to permit you to exceed yp. ur credit limR. we may charge an Ov'e.rlimR Fee as provided in this A~reement. Unauthorized Use of Your Card Please notify us immediately of the loss. theft, or possible unauthorized.Use of your account at i-800-42 !-2110. You Must Notify Us When You Change Your Address We strive to keep accurate records for your benefit .and ours. The post office ~r~c~ others may noti~ us of a change to your address. When you change your address, you must notih/us promptly of your new address. What Law Appli~ This A~reement is made in Delaware and we extend credit to you lrom Delaware. This Agreement is governed by the laws al the State of Delaware Iwithout regard to its conflict of laws principles) and by any applicable federal laws. The Provisions ~f This Agreement are Severable If any provision.of this Agreement is found to be invalid, the remaining provisions will continue to be effective. Our Righ~ Continue Our failure or delay'in exercising any o'f 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 reject the Arbitration and Litigation provisions and you did so reiect them in the manner and timeframe required. If you did reject effectively such a provision, you agreed that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute ('Claim') by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or any prior A~reement or y.our account (whether under a statute, in contra~;',t~.fi, or otherwigf and whether (or money damages, penaltie~.'~'~:declarator7 or equitable relief], including 9 Claims regarding the applicabillt~ of this Arbit.ration'and Litigation Section or the validity of the entire Agreement or any prior Agreement, shall be resolved by binding arbitm, ti.c The arbitration shall be conducted by tl~ National NbitraU Forum ('NAF'), under the Code o1' Procedure in L-~iect at the the Claim is filed. Rules and forms of~he National Arbitration Forum may be obtained and Claims may be filed at any.Netlol __Att~i:tta.U~.o.~_O..~Lff .ce_. w~v.arb-fomm:_c0_m..:_~.RO. Box ~O!~. Minneapolis. Minnesota ~405, telephone 1-800-aT;4'~J'/~: NAF is unable or unwilling to act as arbitrator, we may sub st(tufa another nationally recognized, independent arb(trail organization.that uses a similar code of procedure. At yom written request, we will advance any arbitration filing lee, administrative and hearing lees which you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for paying those lees. In no event will you be required to reimb.urse us lot a arbitration filing, administrative or heariug fees in an greater than.what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appea~..wIl! take. j31ace within the federal ludiclal district that inc. iude. s your billing address at the time the Claim is filed. This arbitration agr~ ment is made pursuant to a transaction involvi.ng;int .ararat, commerce and shall be governed by the Fede. rsl ^~oitrstior ACt, 9 U.S.C. §§ 1-16 {'FAA'). luclgmefit upon any, arb'l~r~tic award may be entered in any court having lurisdr~ion. The arbitrator shall follow existing substantive la,.to the e~.ent consistent with the FAA and applicable statutes of limitation and shall honor any claims or privilege recognized'by law. 4f party requests, the arbitrator shall write an opinion.containir the reasons ~or the award. No Claim submitted to arbitration is heard by a ]ury ant no Claim may be brought as a class action or as a private attorney general. You do not have the right, t.o act as a cia; representative or participate as a member <)f a class of claimants with respect to any Claim. This Arbitration and Litigation Section applies to all Claims now in existence o that may arise in the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any volunts 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 Sectl 'we' and 'us' means MBNA America Bank. N.A.. its parent subsidiaries, affiliates, licensees, predecessors., successo~ assigns, and any purchaser of your account~and alt of ~hei officers, directors, employees, agents a~d assl~na or any a all of them. Additionally, 'we' or 'Us' shall mean any thin party providing benefits, services, or products in connectfi with the account lincluding but not limit~, to credit bure~ merchants that accept any. credR device i~uecl .under the account, rewards or enrollment services, c.redit'insur~nce companies, debt collectors and all of their officers, direct( employees and agents] if, and only if, such a. third pe~ty named by you as a co-delendant in any Clei.m .you assert against us. " If any part of this Arbitration and Litigation Section is Iound to be invalid or unenforceable under any law or sta consistent with the FAA. the remainder of this Arbitration Litigation Section shall be enforceable without.regard to invalidity or unenforceability. THE RESU&T-C)F THIS ARBJ.TRATION AGREEMENT IS EXCEPT AS P.R~/. 'IpED KBOVE~CLAIMS CANNOT BE bit GATED IN COURT, INCLUDING SOME CLAIMS THAT COL 10 HAVE BEEN TRIED i~EFORHA IURY; AS CLASS ACTIONS.OR A.~ PRIVATE ATTORNEY GENERAL ACTIONS. ,CREDIT 'INSURANCE BENEFITS; ]LIMITATIONS, COSTS & EXCLUSIONS ICONSUMER PROTECTION.DISCLO~URE:~ ~' : - * !CREDIT INSURANCE IS: NO;F A' DEPO$1T;'*NOT FDIC- .jLi N S LiRF~D.TJ bi $ U R£D_ BX~Abn/r E D_E..R~_ .G..p_ _V~. _R .N..M..E_ .N~... IAGKNCY;.AND NOT GUARANTEED BY THE.BA~.I~..... i PURCHASE-OF CREDIT INSURANCE I$ NOT, A CONDITION !'OF OBTAINING CREDIT. iF COVERAGE IS DESIRED, IT i MAY BE PURCHASED ELSEWHE .RF-- I Credit Insurance pays ~.our minim, urn monthly payment' '.up to your balance on the ~lat~ ol loss in. or to exceed .except disability in MN). until you r'eturh to work" if you.are involuntarily unemployed. L~aJ~ disable~l, or if you or your spouse takes covered family leave: Credit Insurance also pays your insured outstanding'balance up to tb~ I&ast of your outstandin~ balance, your credit limit Inot AL, AZ. AR, DE. (~/A, WV & WY), or $25,000 if you.die. IEltgiblliw: One insured per account (insured mum'be the' primary cardhOIder or a co-applicant..author~zed.user~' are not ~ eligible]' under age 66170 in AZ: NV 6. VA: 71 in FL,'GA"Mi, . Mi5 & OiC- 72 in NM). Your :overage ~nd~ at these same ages 4except family leave in AZ,-FL & SD 6. unemployment). When enrolled, certificates will be mailed explaining ybur coverage I & effective date. In MN, unemployment coverage is effective ! 61 days from your certificate effective date. For unemlbloyrnent i or family leave benefits, you must'be gainfully employL~ ' I wofldng at least 30 h~wk inot se]f-employed or an iddependent I contractorl for 90 consecutive days belore the date of loss ! (CO - before applicatioh date), fPA - on the date of loss). I [TX - before coverage effective date for unemployment). i Employees of prolessional corporations may be eligible. Coverages & Benefli-,~ Credit insurance covers: your ! death: involuntary unemployment due to'iob Ioss..general i strike, unionized labor disput~.'or Io~kout.:'total disability due i to sickness or injury if you are unable to peflorrn the material 6. substantial duties of your ieb lot any iob abet 12 mos. in PA: 18 mos. in AL, AZ, AR, CA, DE, DC. GA. HI, ID, IL. IA: KS. IA. MD, MN. MS. NV,:NL-ND. OH. OK. RI, SD, TN. VT. WA. WV. WI 6. .WY); your or your spouse's urtpaid leave of absence horn employment due to ~are o/your newborn or newly adopted child or an incapadtated immediate lamily membar-lmust be spouse, child, stepchild or parent in AK): mandatory recall to active military duty: iury duty leXcept in AK): or residence in a federally declared disaster area. Loss fnot death) ~ust continue at least 30 days bef6re benefits begin. In NY, for:. strikes,.unionized labor disputes & lockouts, you. must be unemployed for ? consecutive weeks 6. qualil~ fo,.state unem- plbyment benefits before benefits beiiin. A daily benefit is l~afd for each day of loss over 30 days lot unemployment in NY 6. PA. and disability in CA, CT, GA, NY. MI. PA. RI 6. SC. You may cancel this coverage at any time. I! cancele~l withi~ the first 30 days ol coverage, all premiums will be relunded. r~cluslons: Life: suicide in the first 6 m0nths:o[.coyerage Inot MD 6. MO). Invo!unta~ Unemployment: retiiement, 'esignation, voluntary forJeiture of income or iob loss .due to viilful or criminal misconduct, digability. Strikes in :IL.' military lischaree in NY 6. normal seasonal unemployment in TX. )isability: normal pregnancy or childbirth |no~ CA, MA & NV). ~tentionally self-lnfli~ .ed .inluries cnot MD). or a pre-existing ~edical condition during'first 6 months'of coverage fnot NJ). II Family leave benefits are not paid if you are eligible for receiving unemployment benefits or are disabled. This is only a brief.description of coverage, and coverages vary by state. Please refer to your certificates for a full explanation of coverage. Costs Der ~;100 ~er Mon~ of Average Dalh Balance: ' Costs apply to bile fL). Disability iD), Unemployment (U} & Family Leave ( .FIL. AL 54.5~:: AK 78c: AZ 99.9¢; AR 99C; CA' · 89.9c: CO ~0.e6¢: ~--~¢:-ED[-9~.9c~ DC'99.'9~:'tq.'89¢:"GK 90.8¢; HI 89.91¢: ID 99.5¢ fL, ~:~¢. D 16.9¢, U 54¢, F 20¢); 80,9'/¢: IN 96¢: IA 97.&¢ lb '/.2¢, D 16.6¢. U 54¢, F 20¢); KS 85.47¢: KY 97.4¢; bA 99.9~t¢; ME'53.05¢:'MD ?9.?4¢: MA f~.?¢: MI 8~../¢: MN 31.47¢: MS 9.2.5'¢; MO 61.1¢; MT 93.9c; NE 95.8¢: NV 99.87¢; NH 9~¢; NJ 97¢: NM ~8.9¢; NY 52.5¢ IL D 26.8¢. U 16.9¢): NC 9! .3.¢; ND 94.97¢: OH 99.9¢; OK 9?.4?¢; OR 80.8¢: PA 38.1¢; PR 99¢i RI 99.B¢; SC 78.8¢: SD 99.9¢: TN 92.5¢: TX 33.?c IL 4.8¢, D 12.9¢. U 16¢)~ LIT 90.44¢: VT 34.92¢ (L 6.68¢, D 12.24¢. F 16¢); VA 84¢ IL 6.1c, D 8.9¢, U 49¢, F 20¢): WA 89.39¢; WV 99.5C: '9/I 93.6¢ IL 5.9¢, D 8.9¢. U 59¢. F :20¢) & WY 99.7¢. 6v~ilabillt~. Involuntary Unemployment is not available in .MA orVT. Family Leave ia not available in AL. CT. MA. MD. MN. NM, NY. PA. or TX. Llnder&rltinz ComDal~fes/Polt(a': Involuntary Unemployment: American Securjty/LOl(D/8~)0 L. OI NY(3/93). AS LOI TX( I 1/99), LOIC-IP-KS(2/96), LOIC-IP-CRS-ME(~/8~) and LOIC-IP: Standard Guaranty/aG LOi 15/8~) (NH only). Life 6. Disability: Union Security Life:Jt,-I-Z. I.-S-G in AL. AZ. AR, DE. DC. ID. IL, IA. KS, LA, MD, MN, MS. NV, ND. OH, OK. RI. SD. VT,.WA' WV 6. '~VY: Standard Guaranty bile (TX only)/ Loi-ZIS/92)[3.S3RA). First Fortis Life INY Life only)/NYL.M0013, American Security INY Disability only)/W-S-A. Fottis- insurance IME onlyVU-X-A. Family Leave: American Security/FLP 14/9./), FL, P-FL,t12J97) in FL. FL, P-NC (3/98! in NC. FLP-C)KI4/9?) in OK. FLP-VA(2/98) in VA. FL-IPiAZ)I?/9B} in AZ. FL-IPt4~9./) in IL & IN: FLolP-K~ f 12/97) in KE,, FL-IP-ME f4/99) in ME: FL-IP-WYI4/9?) in WY; Standard Guaranty/FLP 14/97) in NH; Union Security Lile/FL.P-VT(4/9?) in Vl'. E~oltcltJr~ agents for Mississippi and Florida are Charles M. Gordon end Pamela Curtis respectively. The creditor may receive compensation in connection with this offer. It is a crime to provide false or misleading information to an insurer lot the purpose of dehauding the insurer or any other person. Penalties include imprisonment and/c~ fines. In addition. an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant. · bess past due and over credit limit amounts. In MI, cover- age pays 5% of the balance on your date of disability up to $! 2~0. In OR. coverage pays the.greater of 1/36th o! the bal- ance or the current minimum payment due og. your date o! loss. in NY & PA, coverage pays the minimum.,oayment due on your date of loss. In TX, coverage pays the greater 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 lamily leave: 12 for unemployment in AL. AK. CT. IL, MI, MN. MO. NM. NC. NY. PA, ~C 6. TX; 12 for disability in AK. CO. CT, FL, ICY. M/L MO, MT. NE:. NH, NM. NC, OR. SC. UT&VA. NY, N! & TX Residents ~ To purchase coverages separately. write to Assurant Group, R O. Box ~0355. Atlanta..GA 30~02. Applications will be serR to you. 12 ~XHIBiT "B ', 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 CLtdMANT(s), Sunshine S Miller 422 Big Spring Rd New Cumberlnd, PA 17070-3103 III NATIONAL ARBITRATION FORUM ® AWARD MBNA America Bank, N.A. v Sunshine S Miller File Number: FA0404000262084 Claimant File Number: 4313012588086974 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: 1. That no known conflict of interest exists. 2. That on or before 04/23/2004 the Parties entered into an agreement providing that this matter shall be resolved through binding arbitration in accordance with the Forum Code of Procedure. 3. That tk,e Claimant has filed a claim with the Forum and served it on the Respondent in accordance with Rule 6. 4. That the Respondent has filed a response with the Forum and served it on the Claimant. 5. That the matter has proceeded in accord with the applicable Forum Code of Procedure. 6. The Parties have had the opportunity to present all evidence and information to the Arbitrator. 7. That the Arbitrator has reviewed all evidence and information submitted in this case. 8. That ~,e 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 $12,862.27. Entered in the State of Pennsylvania A~om-'-w B. Co~, ESQ. ARBffRATOR Date: 07/22/2004 ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly entered and the Forum hereby certifies that a copy of this Award was sent by first class mail postage prepaid to the parties at thc above referenced addresses on this date. Honorable Harold Kalina, Ret. Director of Arbitration 07/22/2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTy, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff VS. SUNSHINE S MILLER Defendant NO. 045623 CIVIL ACTION - LAW PRAECIPE TO DISMISS To the Prothonotary: Kindly dismiss the above captioned matter without prejudice. Respectfully Submitted, Amy F. ]~oyle, E~l~ir~ ~/ '"1 ID No. 87062 f_ ~/ Philip C. Warholic, Esquire ID No. 86341 WOLPOFF & ABRAMSON, LLP Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252