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Home My WebLink About05-020412985 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N. A. NO. 0. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff VS. CIVIL ACTION - LAW BRIAN R JONES 355 MARTINGALE DR CAMP HILL PA 17011-8314 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 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 8,00-990-9108 CVRNOT/PACCP W&A FILE NO. 111296836 12987 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 Plaintiff VS. BRIAN R JONES 355 MARTINGALE DR . CAMP HILL PA 17011-8314 Defendant (s) NO. CIVIL ACTION - LAW 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, BRIAN R JONES is an adult individual with a last known address of 355 MARTINGALE DR CAMP HILL PA 17011-8314 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. 111296836 12991 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 $ 14825.71 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), BRIAN R JONES , in the amount of $ 14825.71 plus costs of this action and such other relief as the Court deems proper and just. Respectfully submitted, ,Z-4 ?, J4- A 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. 111296836 12995 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: OIJ 44 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 Pra ctice of Debt Collection 267 East Market St., York, PA 17403 (717) 846-1252 Counsel for Plaintif f PAVERF/PACCP W&A FILE NO. 111296836 12987 EXHIBIT "A" DI - c:redit.Lard:Agreemed.' Additional Te' s" and Conditions ?a...i _ -. .:L:•?:'•?+?''i.`?r.?.'?..=3)C.?ii?S?: :?t?Z_'`+^T-.4Sr2:'. • ...a . -N1 :•.T?.T?+jr:.lf!?4Gi e:K.Y4i._rt.`?-:.Y3:. 0 Accvracy?bf`inforrria'd&-i'Furn' ifftd Credit Reporting Agencies:. -.. = :.:'.....4 ¦ -How to Gse Your Account ............................ 4 ¦ Payments on Your Account ......................5 ¦ We May Amend This Agreement .............8 -E.:-What.Law:Applies:: w t'• ;:?, :.. ...,cQ- ¦ . Arbitration -and Litigation................. .......9 AGNI f Your Contract With Us Your Credit Card Agreement with us consists of these Additional Terris 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 Privacy Notice, we will use the definitio contained in the third paragraph of the Privacy Notice. For the remainder of the Agreement, we will use the definitions 8esaiEeed iuiide'r t75e sedidi headinj 'Wordi Used Often in This Agreement. Privacy Notice Your privacy is important to us: At MBNA, we are committed to providing you with the finest financial products and services backed by consistently top-quali service. And while information about you is fundament to our ability to do this, we fully recognize the importan 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 other, companies. We want you to understand our information. safeguards, what inforinatic we collect, what informationve share, and the benefits you receive when we share information about you. This notice describes the privacy practices of MBN, Corporation and all MBNA affiliates, including MBNA America Bank, NA., MBNA America.(Delaware), NA., Palladian Travel Services, Inc., MBNA Hallmark Information Services, Inc., MBNA Marketing Systems, Inc., and MBNA Insurance Agency, Inc. (collectively, "MBNA"), for financial products and services governec by the laws of the United States of America. This notice explains MBNAs 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 companie Our Security Procedures: MBNA understands the importance of protecting and securing information an using it appropriately. Access-to -information about yc 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 formation. When MBNA shares information about 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-once 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. 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 coi,imu-nicatilor-with-us-intluding-through the mail, by telephone, or over the Internet; • Information we receive from third parties, such aE consumer reporting agencies, to verify statements you've made to us, or regarding your employment, credit, or other relationships; and a Information about your transactions with MBNA ; with other companies outside of MBNA. Information We Share Within MBNA: We may shah of the information we collect about you with financial st ice companies within MBNA to offer additional 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 paymei credit eligibility information (such as credit reports ant applications), and other information. The decision to I chase any such products or services is yours alone. Yo may tell us not to share credit eligibility information at you within 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 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 financ service providers (such as banks, loan brokers, accou aggregators, insurance agents, insurance companies, mortgage bankers, and securities broker-dealers), by n financial companies (such as retailers, direct marketer communications companies. Intemet service provide manufacturers, service companies, travel agents, crui lines, car rental agencies, hotels, airlines, publishers and organizations endorsing MBNA financial produ( or services). and others (such as nonprofit organizatic Subject to applicable law, we may share all the inooi tion we collect with these companies- outside of MB unless you tell us not to. Additionally, we may share all the information we 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: i For instance, we may share all of the information v c tolled with companies assisting us in servicing yo loan or account, with companies that endorse our products and'-cervices 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 11 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. )fisted with-others on an account opts out (for example, a cb-applicant, joint accountholder, or authorized user), weVill 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 arid/or with companies outside of MBNA, remains effective unless revoked in writing. Federal regulations require us'to' provide this notice on an annual bas)s,'whether or not an account has previously opted out from either type of information sharing. Please remember when you receive out subsequent notices that an account previously opted out from either or both types of information sharing (and not revoked in writing) does not need to be opted out again. This notice updates and replaces any previous notices from MBNA about the privacy, security, and protection of information. For additional information regarding MBNAs'privacy practfces.concerning the Intemet, and to view the most recent -version of this privacy notice. please go to www.mbna.cQm 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 "Agreement" or "Credit Card Agreement" means these Additional Terms and Conditions and,the Required Federal Disclosures lot the Initial Disclosurej 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 and "your" also mean any othef'person who has-guaranteed payment of this account, when used in the sections entitled, We May Monitor and Record Telephone Calls, and Arbitration and Lft4ati and when used in each of the sections relating to payme this account (Your Promise to Pay, and How We Allocate Your Payments, for example). 'We." 'us,"."our" and "MBNA America" mean MBNA America Bank, N.A. "Card" means all the credit cards we issue to you and any other person with authorization for use on this ascot 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 in This Agreement) to organize this Agreement. The actual terms of ti Agreement ate in the sentences that follow and not the heat Sign Your Card Yov should sign your card before you use it. We May Monitor and Record Telephone a 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 aboi you, including credit reports from consumer reporting agent If you believe we have furnished inaccurate or incomplo information about you or your account to a credit reportit agency, write us at: MBNA, Credit Reporting Agencies. P.C Box 17054, Wilmington. DE 19884-7054. Please include yc 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 num or other credit devices. Please refer to your Required Fed, Disclosures or Initial Disclosure to determine what transaeti constitute Purchases and Cash Advances and how you ma obtain them. Transaction Date for Certain Cash Advam The transaction date for Check Cash Advances and Bala Transfers done by check is the date you c ;the 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 housel 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 c this or any other credit account with us. You may not use o permit your acca.Ont to be used to make any illegal transact Persons Using Your Account If you permit any person to use your card, access checks, 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 including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account-may have the same access to information about the account and its users as the account holders. How You May Stop Payment on an Access Check You may request a stop payment on an access check by providing us with the access check number, dollar amount, and payee exactly as they appear on the access check. Orel and written stop.payment requests on an access check are effective ?• - for six months from the day that we place the stop payment. You May Not Postdate'an Access Check You may not issue a postdated access check on your account. If you do postdate an access check, we may elect to honor it upon presentment or return it unpaid to the person 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 for any loss or expense incurred by you arising out of the action we elect to take. Your Promise to Pay You promise to pay us the amounts of all credit you obtain, which includes all Purchases and Cash Advances. You also promise 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 a financial institution located outside of the United States. Payment of your Total Minimum Payment Due may not avoid the assessment of Overifmit Fees, When Your Payment Will Be Credited to Your Account We credit payments as of the date received, iLthe payment is: (1) received by 2 p.m. (Eastern Time); 42) received at the address shown in the upper left-hand comer 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 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 be credited as of the next day. Credit for any other payments may be delayed up to five days. How We Allocate. Your Payments We will allocate yourpayments in the manner we determine. In most instances, we will allocate your payments to balance 1including 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 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 refus to release from liability any person who is responsible to pal 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 Paymer Due Date; (2) your total outstanding balance exceeds-your credit limit; or (3) 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 through MBNA, you will be deemed. in default or delinquent if you fail to make a payment within 90 days of your Payment Due Date. Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. When We May Require Immediate Paymej if you are in default we can require immediate payment of your total outstanding balance and, unless prohibited by applicable law and except as otherwise provided under the 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 paymer 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 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 pot date a payment check, we may elect to honor it upon prese ment or return it uncredited to the person that presented -it without in either case waiting for the date shown on the check. We are not liable to you for any logs 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 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 CurrenctE If you make.aL transaction in a foreign currency, the trap: tion will be converted by Visa International or MasterCard international; depending on which card you use, into a U.: dollar amount in accordance with the operating regulations or. conversion procedures in effect at the time that the transaction ) is processed. Currently, those regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale market rate or (2) a government-mandated rate in effect one day prior to the processing date, increased by one percent in each case. Visa or MasterCard retains this one percent as compensation for performing the currency conversion serv- ice-. T seztrrre fi!y convelsion rat€fti 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 determined by us. Each billing cycle begins on the day after the Closing Date of the previous. billing cycle. Each statement reflects a single billing cycle. Account fees'anid Charges Account Fees: The following fees, which are set forth on your Required Federal Disclosures or Initial Disclosure, are charged as Purchases in the billing cycle in-which the fees accrue: (1) a late Fee if the Total Minimum Payment Due shown on your monthly statement is not received by us on or before its Payment Due-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 i finance charges chargedby-us cause your Nev+ Balance Total 1. to exceed your credit limit; an Overlimit Fee is charged to your i account as of the day in the billing cycle that your total out- V standing balance an your-account exceeds your credit limit; (3) a Returned Payinent Feelf a payment on your account is returned for insufficient'funds or for any other reason, even if it is paid upon subsequent presentment; (4) a Returned Cash Advance Check Fee if we return an access i check unpaid for any reason, even if the access check is paid upon subsequent presentment; (5) a Copy Fee for each copy of a monthly statement or sales draft, except that the six most recent monthly.statements and 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 privileges or not. Abandoned Property Charges: Unless prohibited by applicable law, we will charge your account, as a Purchase, for any costs incurred by us associated with complying with state abandoned property laws. Please review your Required Federal Disclosures or Initial Disclosure for additional fees and charges that may apply to your account. Benefits ! We may offer you certain benefits and services with your account. Unless expressly made a part of this Agreement, any such benefits or services are not a partof this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other off idal documents provided to you from time to time by or on behalf of MBNA'America. We may adjust, add, or delete benefits and services at any time and without notice to you. Refusal to Honor Your Account j We are not liable ((kany refusal to honor your account. j This can include a refusal to honor your card or account number 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 Accou." We may suspend or close your account or otherwise to nate your right to use your account. We may do this at a, time and for any reason. Your obligations under this ---Agreement -continue evenafter.we have done -this. You tr destroy all cards, access checks or other credit devices or account when we request. You May Close Your Account You may close your account by notifying us in writing , telephone, and destroying all cards, access checks or oth, credit devices on the account. Your obligations under thi: Agreement continue even after you have done this. Transactions After.Your Account Is Clos When your account is closed, you must contact anyone authorized to charge transactions to your account, such as Internet service providers, health clubs or insurance compE These transactions may continue to be charged to your account until you change the billing. Also, if we believe have authorized a transaction or are attempting to use yc 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 of t Agreement. When we amend this Agreement we will con with the applicable notice requirements of federal and Delaware law that are in effect at that-time. If an amend gives you the opportunity to reject the change, and if you the change in the manner provided in such amendment, v may terminate your right to receive credit and may ask y, return all credit devices as a condition of your rejection. amended Agreement (including any higher rate or other I charges or fees) will apply to the total outstanding balar including the balance existing before the amendment becan effective. We may replace your card with another card at and 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 rights or obligations under your acco this Agreement to any person or entity. The person or e to whom we make any such sale, assignment or transfer be entitled to ail of our rights and/or obligations under I Agreement, to the extent sold, assigned or transferred. Your Credit Limit Your credit limit is disclosed to you when you receive card and, generally, on each monthly statement. We mE change your credit limit from time to time. The amount shown on your monthly statement as Ca Credit Available does not take into account any Purchas Cash Advances, finance charges, fees, any other transac or credits which post to your account after the Closing I of that monthly statement. Such transactions could re: your credit limit being exceeded and result in the asses of Overlimit Fees. What We May Do if You Attempt to Exceed Your Credit Limit The total outstanding balance on your 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 credit limit, we may: (I) 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 1-500-421-2110. You Must Notify Us When You Change Your Address We strive to keep accurate records for your benefit and ours. The post office art 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 Severable If any provision.of this Agreement is found to be invalid, 0- ramaininD nrevisions will continue to be effective. Our Rights Continue Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. Arbitration -and Litigation This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation provisions and you did so reject 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 Agreement or your account (whether under a statute, in contract': fiori, or otherwisg and whether for money damages, penaltiesordeclaratory or equitable relief), including Claims regarding the applicability, of this Arbitration-and Litigation Section or the validity of the entire Agreement or any prior Agreement, shall be resolved by binding arbittatic The arbitration shall be conducted by the National Arbitrati Forum ("NAP). under the code of Procedure in effect at the tit the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed -at anyNatioi _AthiltaX)wj.orum Qff_ice..Www.arb-forum:rom. or P.O. Box 5014 Minneapolis. Minnesota 55405, telephone I-80U-474Q)JI. lffi 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 filing fee, administrative 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 amoL 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. This arbitration afire ment is made pursuant to a transaction involvingAnterstatc commerce and shall be governed by the Federal Arbitratior Act, 9 U.S.C. §§ 1-16 ("FAA"). ludgmerit upon any, arbitratic award may be entered in any court having lurisdtttfon. The arbitrator shall follow existing substantive law.to the extent consistent with the FAA and applicable statutes of limitation and shall honor any claims or privilege recognized by law. df party requests, the arbitrator shall write an opinion.containir the reasons for the award. No Claim submitted to arbitration is heard by a jury an( no Claim may be brought as a class action or as a private attorney general. You do not have the right to act as a cla: representative or participate as a member-of 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 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 "we" and "us" means MBNA America Bank. N.A.. its parent subsidiaries, affiliates, licensees, predecessors, successor: assigns, and any purchaser of your account,-and all of thei officers, directors, employees, agents and assigns or any a all of them. Additionally. "we" or "us" shall mean any thirc party providing benefits, services. or products in connecti( with the account lincluding but not limltgd to credit bure; merchants that accept any credit device issued under the account, rewards or enrollment services, credit'fnsurance companies, debt collectors and all of their officers, direct( employees and agents) if, and only if, such a third party is named by you as a co-defendant 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 sta consistent with the FAA, the remainder ot this Arbitration Litigation Section shall be enforceable without regard to invalidity or unenforceability, THE RESUhT OF THIS ARBITRATION AGREEMENT IS 7 EXCEPT AS PR6VIDED A80)&,-CLAIMS CANNOT BE LIT GATED IN COURT, INCLUDING SOME CLAIMS THAT COL 10 HAVE BEEN TRIED BEFOREyA JURY; AS CLASS ACTIONS.OR Family leave benefits are not paid if you are eligible for or receiving unemployment benefits or are disabled. AS PRIVATE ATTORNEY GENERAL ACTIONS. This is only a brief description of coverage, and coverages CREDIT -INSURANCE BENEFITS,' vary by state. Please refer to your certificates for a full iLIMITATIONS, COSTS & EXCLUSIONS explanation of coverage. !CONSUMER PROTECTION -DISCLOSURES Costs Der S100 Der Month of Average Daily Balance; Costs apply to Life M. Disability (D), Unemployment (U) & CREDIT INSURANCE IS: NOT A DEPOSIT,'NOT FDIC- Famil Leave F AL 54.5c; AK 78C; AZ 99.90; AR 99c; CA .SINS.URED-NOIlNSURERBY-ANY_MDERAL GOVERNMENT 89.9c: CO 50.66c; CT 42.89c; DE 99.9c; DC'99-W-,_FL'89ci GA ?AGENCY;.AND NOT GUARANTEED BY THE.BAN ., 90.8c; HI 89.91c; ID 99.5c (L S:bt. D 16.9c, U 54c, F 20c); 1L PQRCHASE-OF CREDIT INSURANCE IS NOT•A CONDITION 80.970; IN 96C; IA 97.8c (L 7:20, D 16.60, U 540, ?F 200); KS i.-OF OBTAINING CREDIT. IF COVERAGE IS DESIRED, IT 85.470: KY 97.41: LA 99.93C: ME 53.05c: ,MD 79.740; MA 15.7c; i MAY BE PURCHASED ELSEWHERE' M1 85.7c; MN 31.471; MS 92.50; MO 61.IC; MT 93.90; NE 95.8c; NV 99.87c; NH 95c; NI 97c; NM 58.9c; NY 52.50 (L 8.8c. Credit Insurance pays your .minimum monthly payment- ' D 26.&. U 16.9c): NC 71.30; ND 94.97c; OH 99.9c; OK 97.470; ate of loss (not to exceed $25,000, up to your balance on the date OR 80.8c; PA 38.Ic; PR 991: RI 99.8c; SC 78.8c; SD 99.9c; TN except disability in MN), until you return to work-- if you are 92.50; TX 33.7c (L 4.8c, D 12.9e, U 16c); UT 90.44C; VT 34.92c involuntarily unemployed, totally disabled, or if you or your (L 6.68c, D 12.241, F 16c); VA 84C (L 6.1c. D 8.9c, U 49c. F spouse takes covered family leave: Credit Insurance also 20c); WA 89391: WV 99.5c; WI 93.6c (L 5.7c, D 8.90. U 59c, F pays your insured outstanding balance up to the least of your 20c) & WY 99.7c. outstanding balance, your credit limit (not AL, AZ, AR, DE, Availability: Involuntary Unemployment is not available in ,DC. ID, IL, IA. LA, MD, MN, MS, NV, ND, OH, OK, li1dSD;.?VT, WV & WY) or S25 000 if you die. VA MA or Vr. Family Leave is not available in AL, CT, MA, MD, , , . MN, NM, NY, PA, or TX. Eligibility: One insured pet account (insured must be the primary cardholder or a co-applicant, •authorized.users are not Underwriting ComDanies/Policy; Involuntary l i / 5 OI NY 3/ U i 85 eligible), under age 66 (70 in AZ, NV VA; 71 in FL; GA. Mt, nemp oyment: Amer ty ( can Secut LOI( / ), L 93), AS LOI TX(I 1/99) LOIC-IP-KS(2/96) LOIC-IP-CRS-ME(5/85) MO G OK; 72 in NM). Your "coverage ends at these same ages , , and LOIC-IP; Standard Guaranty/SG LOI (5/85) (NH only). i {except family leave in AZ,"FL & SD & unemployment). When certificates will be mailed explaining your coverage enrolled Life & Disability: Union Security Life/L-t-Z, L-S-G in AL, AZ, , & effective date. In MN, unemployment coverage is effective AR, DE, DC, ID, 1L, I& KS, LA, MD, MN, MS, NV, ND, OH, OK, WV & WY; Standard Guaranty Life (TX only)/ RI SD, VT,-WA i 61 days from your certificate effective date. For unemployment . . L-I-Z(8/92)(3.53RA), First Fortis Life (NY Life only)/NYLM0013, i or family leave benefits, you must be gainfully employed ; working at least 30 hrs/wk (not self-employed or an independent American Security (NY Disability only)/W-S-A, Fortis contractor) for 90 consecutive days before the date of loss Insurance (ME only)/U-X-A. Family Leave: American Security/FLP (4197), FLP-FL(12/97) in FL, FLP-NC (3/98) in NC, (CO - before application date), (PA - on the date of loss). (TX - before coverage effective date for unemployment) FLP-OK(4/97) in OK, FLP-VA(2/98) in VA. FL-1P(AZ)(7/98) in . i Employees of professional corporations may be eligible. AZ, FL-IP(4/97) in IL & IN; FL-IP-KS (12/97) in KS, FL-IP-ME (4/99) in ME: FL-IP-WY(4/97) in WY; Standard Guaranty/FLP Coverages G Benefltc; Credit Insurance covers: your (4/97) In NH; Union Security Life/FLP-VT(4/97) in VT. Soliciting !death; involuntary unemployment due to•lob loss; general agents for Mississippi and Florida are Charles M. Gordon and j strike, unionized labor dispute, or lockout; total disability due Pamela Curtis respectively. to sickness or injury if you are unable to perform the material The creditor may receive compensation in connection with & substantial duties of your job (or any lob after 12 mos. in this offer. PA; 18 mos. in AL, AZ, AR, CA, DE, DC, GA, HI. ID, IL. IA; KS. LA, MD. MN, MS, NV,:N1. ND, OH, OK, RI, SD, TN, VT, WA, WV, It is a crime to provide false or misleading information to an WI & WY); your or your spouse's unpaid leave of absence insurer for the purpose of defrauding the insurer or any other In addition Penalties include im risonment and/or fines erson { from employment due to care of your newbom or newly adopted . , p . p child or an incapacitated immediate family member.(must be an insurer may deny insurance benefits if false information spouse, child, stepchild or parent in AK); mandatory recall to materially related to a claim was provided by the applicant. active military duty: jury duty (except in AK); or residence in -Less past due and over credit limit amounts. In MI, cover- t a federally declared disaster area. Loss (not death) -must age pays 5% of the balance on your date of disability up to continue at least 30 days before benefits begin. In NY, for: $1250. In OR, coverage pays the.greater of 1/36th of the bal- strikes,.unionized labor disputes & lockouts, you, must be ance or the current minimum payment due oD, your date of unemployed for 7 consecutive weeks & qualify foF-state unem- loss. In NY & PA, coverage pays the minimum, payment due j plbyment benefits before benefits begin. A daily benefit is on your date of loss. In TX, coverage pays the greater of 6% of paid for each day of loss over 30 days for unemployment in your insured outstanding balance on your date of unempfoy- NY & PA, and disability in CA, CT, GA, NY. Mi, PA, RI & SC. fnent or your minimum monthly payment. You may cancel this coverage at any time. If canceled within -'The number of monthly benefit payments will not exceed 9 the first 30 days of coverage, all premiums will be refunded. for family leave; 12 for unemployment in AL, AK, CT, IL, MI, MN, Exclusions: Life: suicide in the first 6 months"of•coverage MO, NM, NC, NY, PA, SC & TX; 12 for disability in AK, CO, CT, (not MD & MO). Involuntary Unemployment: retirement, FL, KY, MA, MO, MT, NE, NH, NM, NC, OR, SC, UT & VA. I resignation, voluntary forfeiture of income or job loss due to NY, NI 5 TX Residents Only: To purchase coverages separately, Willful or criminal misconduct, disability. strikes in'IL.- military write to Assurant Group, P. O. Box 50355, Atlanta, -GA 30302. discharge in NY & normal seasonal unemployment in TX Applications will be sent to you. Disability: normal pregnancy or childbirth (not CA, MA & NV), intentionally self-inflicted injuries Inot+AD), or a pre-existing medical condition dur)Rg first 6 months of coverage (not NJ). 12 12991 EXHIBIT "B" III. I'? ICI I???I? NATIONAL ARBITRATION FORUM e 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 Brian R Jones File Number: FA0401000223621 Claimant File Number: 5490990916325028 Brian R Jones 355 Martingale Dr CAMP HILL, PA 170118314 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: 1. That no known conflict of interest exists. 2. That on or before 01/06/2004 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 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 $14,825.71. Entered in the State of Pennsylvania Hpnorable Richard B. Wickersham 'SXibitrator Date: 07/06/2004 ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly entered and the Forum hereby certifies that a copy of this Award was sent by first class mail postage prepaid to the parties at the above referenced addresses on this date. Honorable Harold Kal.ina, Ret. Director of Arbitration 07/06/2004 :I.: r.., --r- CTI ID E(Dfs0MC -::;' N OV 2 4 2004 40-0 v \ SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-00204 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MBNA AMERICA BANK NA VS S BRIAN R R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT JONES BRIAN R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT FOUND , as to the within named DEFENDANT JONES BRIAN R 355 MARTINGALE VE HILL, PA 170 GIVEN ADDRESS Sheriff's Costs: Docketing Service Not Found Surcharge NOT LOCATED IN CUMBERLAND COUNTY. So answers: -' 18. 00 r . 00 5. 00 R. Thomas K e 10. 00 Sheriff of Cumberland County .00 33 .00 WOLPOFF & ABRAMSON 01/19/2005 Sworn and subscribed to before me this day of <2M5 A.D..?? PrcItlYonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., Plaintiff VS BRIAN R. JONES, Defendants(s), No. 05-204 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Respectfully submitted, Date: Z OCS R. Warholic #86341 / h E. Ehasz #86469 / Robert N. Polas, Jr. #201259 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 a = i