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Home My WebLink About05-0203IN THE COURT OF COMMON PLEAS OF CUMBERLAND MBNA AMERICA BANK, N.A. NO. OS 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 VS. Plaintiff SUNSHINE S MILLER 422 BIG SPRING RD NEW CUMBERLND PA 17070-3103 Defendant (s) COUNTY, PENNSYLVANIA ';&n a*/ 6L'TE"-'- CIVIL ACTION - LAW NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NOTICIA Le han demandado a used en la corte. Si used quarere defensas de esas demandas expuestas en las paginas, siguientes, used tiene viente (20) dias de plazo al partir de la fecha de lademanda y la notifiation. Used debe presentar una apariencia escrita o en persona o por 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 previo 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 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 PA 17013 800-990-9108 CVRNOT/PACCP W&A FILE NO. 123518267 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. NO. C>9 - 655 PAPER MILL ROAD l MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff VS. CIVIL ACTION - LAW SUNSHINE S MILLER 422 BIG SPRING RD NEW CUMBERLND PA 17070-3103 Defendant (s) COMPLAINT Now comes the Plaintiff, MBNA AMERICA BANK, N.A. , by and through its attorneys, and the law firm of Wolpoff & Abramson, L.L.P., and files this Complaint and in support avers as follows: 1. Plaintiff, MBNA AMERICA 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. 123518267 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 $ 19039.57 9. Despite reasonable and repeated demands for payment, Defendant(s) has/have failed, refused and continue(s) to refuse to pay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff. 10. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, MBNA AMERICA BANK, N.A. , respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant(s), SUNSHINE S MILLER , in the amount of $ 19039.57 plus costs of this action and such other relief as the Court deems proper and just. Respectfully submitted, Amy F. Doyle #87062 Daniel F. Wolfson #20617 Bruce H. Cherkis #18837 Philip C. Warholic #86341 David Schertz #81925 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market St., York, PA 17403 (717) 846-1252 Counsel for Plaintiff 1DSOA2/PACCP W&A FILE NO. 123518267 2245 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: Zd, J 14,,4 - Amy F. Doyle 87062 Daniel F. Wolfson #20617 Bruce H. Cherkis #18837 Philip C. Warholic #86341 David Schertz #81925 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market St., York, PA 17403 (717) 846-1252 Counsel for Plaintiff PAVERF/PACCP W&A FILE NO. 123518267 2237 EXHIBIT "A" i 1}Y ?c7„x?w .. .. nr.?,?,Ct?Y ???1?'tJ?-?;?Af3 #'?.W.s'ia.rd'•M tTt.?j• / MW, / r f { i i i i • f r? i e ;count.......................6 . 'VJe May rrf ' its •.: ' .... i. .. ... .. :..:.5'•'.}S.SI''.n.,.i'oft/f`4?.??Y"!?jsZ?....?rN?::. ? :Arbit ration NEA9( Your Contrail With Us Your Credit Card Agreement with us consists of these Additional 'perms and' Conditions and the document called the Required Federal •Disclosuresor the initial Disclosure. You agree to the terns and conditions of this:Agreement. 1 the purpose of the Pdvw4-Notk4,ave will. use the definitions contained in the third paragrapli'of the Pni4.Notiu. Foist remainder of the Agreement, we will use the definitions described under the section *heading Words Used Often in This Agrermat. Privacy Notice Your privacy is important to ax At.MBNA, we are committed to providing you with the finest financial products and services backed by consistently.top-qualit service. And while information about you is fundament to-our ability to do this,.4ve fully recognize the importar ofteeping personal and account. information secure. Tb offer you the.wide * st range.of.products and.servia 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 Y66 and best *414 jour?needs; whether they are available directly from MBNA or through out relationships with other cor4dnies: We want you to understand our information safeguards, what informatic we collect, *hat information-we share, and the benefits yarreceive when tie share'information about you: This notice describes the privacy practices of MBN, Corporation and all MBNA affilia>:es, including MBNA America Bank NA., MBNA America (Delaware), NA., Palladian Travel Services, Inc:. MBNA Hallmark Worrhation Services, II nc., MBNA Marketing Systems, Inc., and MBNA Insurance Agency, Inc. (collectively, "NBNA"), for financial products and services govemey Is the laws of the United Stafes; of America. This notice explains MBNAs Information collection and sharing practices and. lets you choose whether or not MBNA may sharecertain'iriformation about you, eith• within MBNA or outside of MBNA with other companie Our Security Procedures: MBNA understands the irpportance of protecting and securing Information and using it appropriately. Access to Information about yot is restrkted to the people of MBNA who require it to provide products or services to you. We maintain phys: al, electronic, and procedural safeguards that comply with federal standards for the security of information. When MBNA shares information about you with companies outside of MBNA, we require them to impose safeguards, use it only for a permitted purpoet and to return it to us or destroy it once that-purpose is served. We limit the amount of information shared to what is appropriate to offer a product or service effi- ciently. MBNA requires any company receiving infor- matiogjr_gm MBNA to sign a Confidentiality Agreement containing these requirements and obligating that company to protect the information as we would. Information We Collect- MBNA collects and uses nonpublic personal •information about you to conduct our business and to consistently deliver the top-quality Customer service you expect from us. Sources of this information include the following: • Information we receive from you on applications and other forms or through your correspondence or communication with us including through the mail, by telephone, or over the Internet; • Information we receive from third parties, such as consumer reporting agencies, to verify statements you've made to us, or regarding your employment, credit, or other relationships; and • Information about your transactions with MBNA and with other companies outside of MBNA. Information We Share Within MBNA: We may share all of the Information we collect about you with financial service companies within MBNA to offer addi- tional products or services that may interest you and best meet your needs. We believe this is convenient for you and may save you both time and money. 7b do so, we share identification information (such as name and address), transaction and experience information (such as purchases and payments), credit eligibility information (such as credit'reports and applications), and other information. The decision to purchase any , such products or services is yours alone. You may tell us not to share credit eligibility information about you with- in MBNA, but please understand this does not prohibit us from offering you additional products and services or from sharing transaction and experience, identification, and other information within MBNA Information We Share With Others: From time to time, we may allow companies outside of MBNA to offer you their products and services that may interest you. These products and services may be offered by financial service providers (such as banks, loan brokers, account aggregators, insurance agents, insurance companies, mortgage bankers, and securities broker-dealers), by nonfinancial companies (such as retailers, direct mar- keters, communications companies, Internet service providers. manufacturers, service companies, travel v =- . . agents, cruise lines, car rental agencies, hotels, airlines, publishers, and organizations endorsing MBNA financial products or services), and others (such as nonprofit organizations)., subject to applicable law, we may share all the information we coiled with these companies out- side of MBNA, unless you tell us not to. Additionally; we may share afl the information we collect with companies that perform marketing or other services on our behalf or to other financial institutions with which we have joint marketing agreements. We are also permitted by law to share information about you with other companies in certain circumstances. For instance, we may share all of the information we collect with companies assisting us in servicing your loan or account, with companies that endorse our products and services through, affinity agreements. with government entities in response to subpoenas or regulatory requirements, and with consumer reporting agencies. If you tell us not to share information with companies outside of MBNA that wish to offer you their products and services, as described above, please understand that we will continue to share information in these additional circumstances. Important information About Your Choice: We're dedicated to serving your needs - and to respecting your choices related to privacy. You may tell us not to.share credit eligibility information within MBNA, and you may tell us not to share information with companies outside of MBNA that wish to offer you their products and services as described above. if you wish to opt out of such information sharing, please call toll-free 1-866-751-1255. We will ask you to verify your identity and the specific accounts to which the opt out applies, so please have all your account, membership, or reference numbers and your Social Security number or Taxpayer Identification number for deposit accounts available when you call. MBNA applies opt outs at the account level, not by individual Customer. When any person listed with others on an account opts out (for example, a co-applicant, joint account holder, or authorized user). we will list the entire account as having opted out. MBNA will continue to adhere to its disclosed privacy practices for an account even if it becomes inactive or is closed. • An opt out from information sharing on an account as described above, either within MBNA and/or with companies outside of MBNA, remains effective unless revoked in writing. Federal regulations require us to provide this notice on an annual basis, whether or not an account has previously opted out from either type of information sharing. Please remember when you receive our subsequent notices that an account previou opted out from either or both types of information shad (and not revoked in writing) does not need to be opted out again. -'Phis notice updates and- replat es-any*previous notices from MBNA about the privacy, security, and protection of information. For additional informatio: regarding MBNAs privacy practices concerning the Internet, and to view the most recent version of this privacy notice, please go to www.mbna.com and clicl on "Privacy Notice.' You may'have other privacy pro- tections under state laws. We may amend this privac notice at any time, and we will inform you of change. as required by law. Words Used Often in This Agreement "Agreement" or "Credit Card Agreement- means these Additional Terms and Conditions and the Required Federal Disclosures (or the Initial Disclosure) and any changes we make to those documents from time to time. -You" and `your' mean each and all of the persons who are granted, accept, or use an account we hold. 'You- anc 'your' also mean any other person who has guaranteed payment of this account, when used in the sections entitle We May Monitor and Record Telephone Calls and Arbitration and Utiyation and when used in each of the sections relating tc payment of this account (Your Promise to Pay, and How We Allocate Your payments. for example). 'We.-us.-our'. and'MBNA America' mean MBNA America Bank. NA "Card" means all the credit cards we issue to you and to any other person with authorization to use this account pursuant to this Agreement. "Access check- means an access check we provide to you to make a Check Cash Advance on your account. If we use a capitalized term in this document but do not define the term in this document, the term has the meaninf given in the Required Federal Disclosures or the initial Disclosures, or as used in your monthly statement. We use section headings (such as Word; Used O tm is 'alas Agnement) to organize this Agreement. The actual terms of this Agreement are in the sentences that follow and not the headini Sign Your Card You should sign your card before you use it. We May Monitor.and Record Telephone Cal You consent to and authorize MBNA America, any of its affiliates, or its marketing associates to monitor and/or reco any of your telephone conversations with our representative or the representatives of any of those companies. Credit Reporting Agencies You authorize MBNA America to collect information about you, including credit reports from consumer reporting agencies. If you believe we have furnished inaccurate or incomplete information about you or your account to a credit reporting _ agancy wAte.us at: MBNA. Creditkeporting Agencies, P.O. . Box 17054, Wilmington. DE 19884-7054. Please include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. How to Use Your Account you may obtain credit in the form of Purchases and Cash, Advances by.using your cards, access dhedcs, account number. or other-credit devices. Please refer tayour. Required Federal Disclosures or Initial Disclosure to determine what transac- tions constitute Purchases and Cash Advances and how you may obtain them. ' Transaction Date . for• Certain Cash Advances The transaction date for Check Cash Advances and Balance Transfers done by check is the date you or the person to whom the check is-made payable first deposits or cashes the check The transaction date for a returned payment (which will then be classified as a Bank Cash Advance) is the date that the corresponding payment posted to your account. Purposes for-Using Your Account You may use your account for personal, family, or household 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 on this of any other credit account with us. You may not use or permit your account to be used to make any illegal transaction. Persons Using Your Account If you permit any person to use your card. access checks, account number, or other credit device x+ith the authorization to obtain credit on your account, you may be liable for all transac- tions made by that person, including transactions for which you may not have intended to be liable. even If the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the a=unt holders, How You May Stop Payment on an Access Check You may request a stop payment on an access check by pro- viding us with the access check number, dollar amount, and payee exactly as they appear on the access check. Oral and written stop payment requests on an access check are effective for six months from the day that we place the stop payment. You May Not' Postdate an Access Check You may not issue a postdated access check on your account. it-you do postdate an access check, we may elect to honor it upon presentment or -return it unpaid to the person who presented it to us for payment, without, in either cue, waiting for the date shown on the access check. We are not liable to you for arty loss or expense incurred by you arising out of the action we elect to take. Your-Promise to Pay You promise to pay us the amounts of all credit you obtain, which includes all Purchases and Cash Advances. You also promise to pay us all the amounts of finance charges, fees, and any other transactions we charge against your account. Payments on Your Account You must pay each month 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. If-you overpay or If there is a credit balance on your, account, we will not pay interest on such amounts. We will reject payments that are not drawn in U.S. dollars and those drawn on financial institutions located outside the United States. Payment of your 7btal Minimum Payment Due may not avoid the assessment of Overlimit Fees. When Your Payment Will Be Credited to Your Account We credit payments as of the date received, if the paymer Is (1) received by 2 p.m. (Eastern Time); (2) received at the address shown in the upper left-hand corner 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 US. dollar money order; and (4) sent in the return envelope with only the top portion of your statement accompanying it. Payments received after 2 p.m. on any day, including the Payment Due Date, but that otherwise meet the above requirements, will credited as of the next day. Credit for any other payments may be delayed up to five days. How We Allocate Your-Payments We will allocate your payments in the manner we deter- mine. In most instances. we will allocate your payments to balances (including new transaetions)'with lower APRs befo balances with higher APRs. This will result in new balances with lower APRs (such as those with promotional APR offer. being paid before any other existing balances. Promise to Pay Applies to All Persons All persons who initially or subsequently request, accept guarantee, or use the account are individually and together responsible for any total outstanding balance. We may refu to release from liability any person who i3 responsible to p; any total outstanding balance, until all of the cards, access checks, and other credit devices outstanding under the account have been returned to us and any such person or persons repays us the total outstanding balance owed to us at any time under the terms of this Agreement. Default You will be in default of this Agreement if: (1) you fail to make any*required Total Minimum Payment Due by its . Payment Due Date. (2) your total outstanding balance exceeds your credit limit; or (3) you fail to abide by any other I term of this Agreement. Solely for the purposes of determin- } ing eligibility and premium payment obligations for the optional credit insurance purchased through MBNA, you will be deemed in default or delinquent if you fail to make a-pay- ment 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 iatei.-default. ' When We May Require Immediate Payment if you are in default, we can require immediate payment of your total outstanding balance and, unless prohibited by applicable-low and except as otherwise provided under the Arbitration and Litigation section of this Agreement, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees if we refer your account for collection to an attorney who is not our salaried employee. . Other Payment Terms We can accept late payments, partial payments, or payments with any restrictive writing without losing any of our rights under this Agreement. This means that n'o payment, including those marked with -Paid in full` or with any other restrictive • words, shall operate as an accord and satisfaction without the prior written approval of one of -our senior officers. You may not use a postdated check to make a payment. if you do postdate a payment check. -We may elect to honor it upon presentment or return it ancredited to the person who presented it, without. In either case. waiting for the.date shown on the check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. Payment Holidays We may allow you, fro m 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 applicable fees will accrue on your account in accordance with'this Agreement. You must resume making your Total Minimum Payment Due each month following a payment holiday. Transactions Made in Foreign Currencies if you make a transaction in a.foreign currency, the transaction mill be converted by Visa International or MasterCard ntemational, depending on which card you use: into a U.S. collar amount in accordance with the operating regulations or ;onversion procedures in effect at the time that the transaction s processed. Currently, those regulations and procedures provide that the currency conversion rate.to be used is eitir (1) a wholesale market rate or (2) a govemment-mandated rate In effect one day prior to the processing date, increaser by'one percent in each case. Visa or MasterCard retains thi one percent as compensation for performing the currency ---conversion service. The currency conversion-rate-in effect o 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 aRe the Closing Date of the previous billing cycle. Each stateme reflects a single billing cycle. Accouint Fees and Charges Account Fees: The following fees, which are set Forth in yo; Required Federal01sdosums or initial Disclosure'. are ehwgec as Purchases in the billing cycle in which the fees accrue: (l) a- Late Fee If the 'Total Minimum- Payment Due shown on your monthly statement is not received by us-on or before i• Payment Due Date; (2) an Overlimit Fee If your New Balance Total exceeds your credit limit on the last day of a billing cycle, even if fees or finance charges charged by us cause your New Balance Total to exceed your credit limit; an Overlimit Fee is charged to yc account as of the day in the billing cycle that the total out- standing balance on youraceount exceeds your credit limit; (3) a Returned Payment Fee if a payment. on your account h returned for insufficient funds or for any other reason, even it is paid upon subsequent presentment: (4) a Returned Cash Advance Check Fee if we return an aem check unpaid for any reason, even if the access check is pail upon subsequent presentment; (5) a Copy Fee for each copy of a monthly statement or sale draft, except that the six most recent monthly statements ar six sales drafts will be provided for free; and (6) an Annual Fee if your account is open or if you maintain an account balance, whether you have active charging privi- leges or not. Abandoned-Property Charsew Unless prohibited by applicable law, we will charge your account, as a Purchase, for any costs Incurred by us associated with complying with state abandoned property laws. Please review your Required Federal Distiosures or Initia Disclosure for additional fees and charges that may apply tc your account. Benefits We may offer you certain benefits and services with your account. Unless expressly-made a part of this Agreement, a such benefits or services are not apart of this Agreement b are subject to the terms and restrictions outlined in the bend brochure and other official documents provided to you frorr time to time by or on behalf of MBNA America. We may adjust, add, or deletebenefits and services at any time and without notice to you. Refusal to Honor Your Account We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account numbs or any check written on your account. We are not liable for any retention of your card by us, any other bank or any provider of goods or services. . We May Suspend or Close Your Account We may suspend or dose your account or otherwise terminate your right to use your account. We may do this at any time and for any reason. Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access-checks. and other:credit devices on the account when we request that you do so. . You May Close Your Account You may close your account by notifying- us. in writing or by telephone and destroying-all cards, access checks, and other credit devices on the account. Your obligations under this Agreement continue even after you have done this. Transactions After Your Account Is Closed When your account is closed, you must contact anyone authorized to charge transactions to your account. such as Internet service providers, health dubs, or insurance compa- nies. These transactions may continue to be charged to your account until you change-the billing. Also, If we believe you have authorized a transaction or are attempting to use your account after you have requested to close the account, we may allow the transaction to be charged to yourac cunt. We May Amend This Agreement We may amend this Agreement at any time. We may amend it by adding, deleting, or changing provisions of this Agreement. When we amend this Agreement, we will comply with the applicable notice requirements of federal and Delaware law that are in effect-at Xhat time. If an amendment gives you the opportunity [6 reject the change, and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to return all-credit devices as a condition of your rejection. The amended Agreement linc)uding any higher-rate or other higher charges or fees) will apply to the total outstanding balance. including the balance existing before the amendment become effective. We may replace your card with another card atany time. We May Sell Your Account We may at any time, and without notice to you, sell, assign or transfer your account, any sums due on your account, this Agreement, or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shall be entitled to all of our rights and/or obligations under this Agreement to the extent sold, assigned or transferred. Your Credit Limit Your credit limit is disclosed to you when you receive-your card and, generally, on each monthly statement. We may change your credit limit from time to time. The amount shown on your monthly statement as Cash or Ctedit Available does not take into account any Purchases. Cash Advances, finance charges. fees, any other transactions, or credits that post to your account after the Closing Date of that monthly statement. Such transactions could resuh in your credit limit being exceeded and result in the assessment of Overllmit Fees. What We May Do if You. Attempt to Exceed Your Credit Limit The total outstandfrig baiance on +yonr account plus authorizations at any time must not be more than your credit limit. If you attempt a transaction that results in your total outstanding balance (plus authorizations) exceeding your credit limit, we may (1) permit the transaction without raising your credit limit. (2) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due., or (3) 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 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 decide to permit you to exceed your credit limit, we may charge an Overlimit Fee as provided in this Agreement. Unauthorized Use of Your Card Please notify us immediately of the loss, theft. or possible unauthorized use of your account at 1-800-441-8027. You Must Notify Us When You Change Your Address We strive to keep accurate records lot your benefit and ours. The post office and others may notify Ji 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. 10 y The Provisions of This Agreement Are 'Severable 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 exercising any of our fights.uader +this Agreement does not mean that we are unable to exercise ;those rights later. Arbitration and Litigation i 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 reject them, in the manner and timeframe required. If you did reject effecfively ;such a pitrAsion, you agreed that any litigation btought'by you Jagainst 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, arlsing from or relating in any way to this Agreement or ;any prior Agreement or your account (whether under a !statute, in contract, tort, or otherwise and whether for money 'damages, penalties, or declaratory or equitable reliief), includ- ing Claims regarding the applicability of this Arbitration and :Litigation section or the validity of the entire Agreement or ;any prior Agreement, shall be resolved by binding arbitration. j The arbitration shall be conducted by the. National JArbitration Forum ('NAr), under the Code. of Procedure in )effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may .be filed at any National Arbitration Forum office, wwwj Iforum.com. or P.O. Box 50191, Minneapolis, Minnesota 55405. !telephone I-800-474-2371. If the NAF is unable or unwilling !to act as arbitrator, we may substitute another nationally ;recognized, independent arbitration organization that uses a !similar code of procedure. At your written request, we will advance any arbitration filing fee. o? administrative and hearing !fees that you are required to pay to pursue a Claim in arbitration. 'Phe arbitrator will decide who will be ultimately responsible !for paying those fees. In no event will you be required to 'reimburse us for any arbitration filing, administrative or hear- ing fees in an amount greater than what your court costs would have been If the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. Phis arbitration agreement is made pursuant to a transaction nvolving interstate commerce, and shall be governed by the 'ederal Arbitration Act, 9 U.S.C. ¢¢ 1-16 ('FAA"). Judgment ?pon any arbitration award may be entered in any court hav- ng jurisdiction. The arbitrator shall follow existing substan- ive law to the extent consistent with the FAA and applicable tatutes of limitations and shall honor any claims or privilege !cognized by law. If any party requests, the arbitrator shall write an opinion containing-the reasons for the award. No Claim submitted to arbitration is heard by a Jury, and no Claim may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim. This Arbitration and _f„ltigation section applies to all Claims now in etistence.or that may arise in the future. This Arbitration and Litigation section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you, any bankruptcy by you, o? sale of the debt by us. For the purposes of this Arbitration and Litigation section, 'we' and 'us' means MBNA America Bank. NA. Its parent. subsidiaries, affiliates, licensees, predecessors, successors, assigns, and any purchaser of your account. and all of their officers, directors. employees. agents, and assigns or any and all of them. Additionally. -we- or'us- shall mean any thin party providing benefits, services, or products in connection with the account (including but not limited to credit bureaus, merchants that accept any credit device Issued under the account. rewards or enrollment services, credit insurance companies. debt collectors, and all of their officers, directors, employees and agents) if, and only if, such a third parry is named by you as a codefendant in any Claim you assert against us. If any part of this Arbitration and Litigation section is found to be invalid or unenforceable under any law or statute consistent with the FAA, the remainder of this Arbitration anc Litigation section shall be enforceable without regard to suet invalidity or unenforceability. THE RESULT OF THIS ARBITRATION AGREEMENT IS THAT, EXCEPT AS PROVIDED ABOVE. CLAIMS CANNOT BE LITIGATED IN COURT, INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A IURY, AS CLASS ACTIONS. OR AS PRIVATE ATTORNEY GENERAL ACTIONS. 12 2241 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 Sunshine S Miller File Number: FA0408000308264 Claimant File Number: 4264280892888992 Sunshine S Miller 422 Big Spring Rd New Cumberlnd, PA 17070-3103 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: 1. That no known conflict of interest exists. 2. That on or before 08/06/2004 the Parties entered into an agreement providing that this matter shall be resolved through binding arbitration in accordance with the Forum Code of Procedure. 3. That the Claimant has 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 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 $19,039.57. Entered in the State of Pennsylvania ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE Charles Herman, Es Arbitrator Date: 10/29/2004 This Award was duly entered and the Forum hereby certifies that a copy of-this. Award was sent by first class mail postage?prc idtdit -' rties at the above refereat edzddres eses s'ep this date. 'fir vww s ., Hoi 111WO., et. ` Director le ,., A 0 V N J-Q d c"} 41- yu L.. N CJ C-73 Cil C"1 "?7 ?n? t? ur • ri lp- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., Plaintiff VS SUNSHINE S. MILLER, Defendants(s), No. 05-203 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Respectfully submitted, Date: ?amv ftaa# i C. Warholic #86341 / idR=o 873 26 / S ah E. E h a s z #86469 / I-WOU IN. rotas, jr. TFLu1L3`J Mann Bracken LLC The Successor by Merger to Wolpoff & Abramson, L.L.P. and Eskanos & Adler, P.C. 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff ?? ? ?? : : --, . ? . ? c ?, °r ? -s '. - ? .,....y ?M ? PP ? h?3 ? t + .. XT + ? ?M ....3. w: . ?? ... ~.•+ w t ?? °"G