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HomeMy WebLinkAbout05-0206 14~lO~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA (JL>~tT~ MBNA AMERICA BANK. N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 NO. O~ - c20b Plaintiff VS. CIVIL ACTION - LAW MRS DARLENE A ZAENGLE 935 FORGE RD CARLISLE PA 17013-4321 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 plaza al partir de la fecha de lademanda y la notifiation. Used debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones a last demandas en corta de su persona. Sea avisado que si used no se defienda. la corte tomara medidas y psedido entrar una orden contra used sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Used puede perder dinero 0 sus propledades 0 otros derechos importantes para used. LLEVE ESTA DEMANDA A UN ABODOAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSITANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Assn. 32 S. Bedford St. Carlisle 800-990-9108 PA 17013 CVRNOT/PACCP W&A FILE NO. 121491208 .1"t,.- .1 I U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 NO. Plaintiff VS. CIVIL ACTION - LAW MRS DARLENE A ZAENGLE 935 FORGE RD CARLISLE PA 17013-4321 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, MRS DARLENE A ZAENGLE a last known address of , IS an adult individual with 935 FORGE RD CARLISLE PA 17013-4321 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. 121491208 lq~1/4 5. showing account Plaintiff provided Defendant(s) with copies of the Statements of Account all debits and credits for transactions on the aforementioned credit card to which there was no bona fide objection by Defendant(s). 6. Pursuant to the Agreement concerning this account, the parties agreed that this matter be referred to Arbitration in the event of any claim and/or dispute if the account is referred for collection. See Exhibit "A" as previously identified and incorporated herein. 7. This matter was referred to Arbitration for determination and disposition, whereby an Arbitration Award was entered against the Defendant(s) and in favor of the Plaintiff for the outstanding balance due. A true and correct copy of the Arbitration Award is attached hereto, incorporated herein and marked as Exhibit "B". 8. As of the date of this Complaint, the remaining 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 $ 21000.51 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), MRS DARLENE A ZAENGLE , in the amount of $ 21000.51 plus costs of this action and such other relief as the Court deems proper and just. Respectfully submitted, .fJiJ ~ . Amy F. Doyle ~062 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. 121491208 149178 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: Q}J l~_'L Amy F. Doyle ~ Y~~62 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. 121491208 149167 EXHIBIT nAil Account Agreement General: In this Agreement, the words ''you'' and ''your'' refer to each and all of the persons in whose names this account was issued and who obtai credit in any way provided for under this Agreement. The ~ords "we," ''us,'' "our," and "MBNA America" mean MBNA America Bank, N.A. 1be wor. "Advance" means any loan you obtain from us under this Agreement. Our Agreement with you consists of this Agreement and the tenns and conditions printed on the required federal disclosures section of the accompanyinl Tenns of Your Account letter, which is in\=orpo/ated herein and made a part hereof. Please keep these documents, and subsequent 'amendmerits, if any, together. When you, or anyone whom you authorize or permit, use your account, you agree to the terms of this Agreement. You consent to and authorize MBNA America, any of its affiliates, or its marketing associates to monitor and/or record any of your telephone conversations with our representatives or the representatives of any of those companies. All capitalized terms not defined herein sha1l have the meaning as defmed in the requited federal disclosures section of your Terms of Your Account letter. .' Credit Reporting AgenCies: Jf you believe we haVe furnished inaCcurate or incOmplete inforination about you pr your account to a credit reporting agency, write to us at: MBNA, Credit Reporting 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 in<:ompletc. Bow To Use Your Ac:count: You may use your account to purchase or lease goods or services from persons who honor checks. You may obtain such credit under YOUT account by requesting checks or dnfIs payable in u.s. Dollan that will be sent either diRetJy to your designated pa~ or to you for forwarding to your designated payees. We may offer the diRet deposit of Advances into your banJdng account or those of your c:reditors. AvaiJalnlity of funds sent through direct deposit depends upon the policies and procedures of the receiving bank. If this account includes a special feature to purchase goo\:ls or services from a merchant, we may send Advances directly to the merchant on. your behalf. From time to time, we may issue you additional chec1cs or offer other additional Advances in response to your request. You may not use any Advance solely to make a payment on this account or solely to make a payment on any other credit account with us. If you permit any person to have access to your checks or account number with the authorization to make a charge, you may be liable for all Advances made by that person including Advances for which you may not have intended to be liable. I You agree not to use a postdated check to obtain credit under your account. If you do postdate a check by which you propose to obtain credit under your account, we may elcctlO honor it upon presenbnent or return it unpaid to the party which presented it for payment, without in either case awaiting the date shown on the check. We are not liable to you for any loss or expense incurred by you ar:Jsing out of the action we elcct to take. Yoll"must return all checks to us on request. Credit Limit: Your credit limit is shown on your Tenns of Your Account letter and generally on each monthly statement. We may change your credit limit or limits from time to time, and we will notify you if we do. The total amount of credit outstanding at anytime must not be more than your credit limit. We may also establish a separate credit limit for certain balances. If we d<!, your outstanding balance on these types of items may not exceed this separate credit limit. Request for Credit Over Your Credit Limits: If you request credit in any fonn which, if granted, would result in either your total outstanding balance or your separate outstanding balance, including authorized transactions not yet posted to your account, being more than your credit limit or your separate creditlirnit, if we have established one for you, (whether or not such balances before the request were more than the respective credit limit), we may: (1) Honor the request without pmnanently raising your credit limit; . (2) Honor the request and treat the amount which is more than your credit limit as due immediately; or (3) Refuse to honor the request. We may advise the person who made the request that it has been refused. If we refuse to honor a check, we may do so by advising the person presenting the check that credit has been refused, that there are insufficient funds to pay the check, or in any other manner. If we have previously honored requests for credit over your credit limit, it does not mean that we will honor further overlimit requests. If we decide to honor such a request, we may assess an overlimit fee as provided in this Agreement. Additional Advances: You may obtain additional Advances from time to time provided that you continue to meet our income and credit standards without any significant adverse change. The approval of one request does not mean the approval of other requests. Additional Advances posted to your account cause the tenn of the loan to re-start, resulting in a revised minimum monthly payment and revised length of time to repay the loan. Additional Advances must be at least $200.00. Term of Your Loan: Your repayment tenn is disclosed in another document location. Your monthly payment amount will be disclosed as the Current Payment on your monthly statements. Certain events may result in your account balance not being paid off during the term. In this case, we do not change the minimum monthly payment amount Instead, we extend the lenn to repay the balance. For example, the follOwing events will extend the term: (i) a payment holiday which you take; (ii) an increase in the prime rate for any variable annual percentage rate account; (Hi) all fees imposed on your account, such as check transaction fees, late fees, over the credit limit fees and insurance premiums; and (iv) payments received later than the payment due date. Also, the minimum monthly payment does not take into account the effect of adding unpaid Periodic Rate Finance Charges assessed on Advances to t1 daily Advance balance. This will extend the term. The following events will reduce the term (but will not change the minimum payment due each month): (i) a temporary reduction in the annual percen1a! rate, such as a promotional rate; (ii) a decrease in the prime rate for any variable annual percentage rate; and (iii) payments greater than the J1:quire minimuth payment. Repayment: You promise to pay us the amounts of all credit you obtain; this includes all Advances, any. fees, charges, and insurance premiums Wl charge against your account; and Finance Charges. You may pay the entire amount outstanding at any time without penalty. You must pay each month at least the minimum payment shown on your monthly statement. The minimum payment will be the total of (i) the current payment amount shown on your monthly statement; plus (ji) the amount of" any past due payments. The current payment amount is based upon the amount outstanding, the term of your loan, and the annual percentage rate. If you overpay or if a credit balance is otherwise created in your account, we win not pay interest on, such amounts. Payments greater than the required minimum payment will reduce the total amount of Finance Charges otha:wjse payable by you. , We will allocate your payments in the manner we determine. In most instances, we will allocate your payments to balances (including new transactions) with lower APRs before. balances with higher APRs. This will result in new balances with lower APRs (for example, those with promotional APR offen) being paid before l!ny other existing balances. All payments will be credited to your account for the biDing cycle in which each payment is received. Minimum monthly' payments cannot be made in advance and payments made in any billing cycle which are greater than the minimum pa}rrrient due WIll I not affect your obligation to make subsequent minimum payments each month. We can reject payments not denominated in U.S. dollars or not drawn oa a U.S. Bank. No payment shall operate as an accord and satisfaction without the priorwriuen approval ofa senior officer ofMBNA America. All persons who initiaIJy or subsequently request, accept or use the account are individually TCSpOIlSibJe for any outstanding balance. If two or rnon: pc:rsOIl5 are responsible to pay any outstanding balance, we may refuse to release any of them fiom liability until al) of the cbecks outstanding under tbc account have been retumed to us and the balance is paid in full. Payinent 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 . payment, Finance ChaTges and insurance premiums, if any, will accrue on your balance in accordance with this Agreement. The requirement that you make a minimum payment each month will resume fonowing your payment holiday. A payment holiday will increase the term of your loan. Billing Cycle: A bilJing cycle begins on the day after the closing date shown on your account's preceding monthly statement and ends on the: closing date that appears on your account's statement for the currmt month. Insurance: Group credit insurance may be offered to you from time to time. Purchase of this insurance is strictly optional. Ifpurchased, the insurance Will protect us if an event occurs for which benefits are provided. We determine: the cost oelhis insurance by multiplying the insurance rate then in,effect , by the average of your Advances and other charges outstanding during the billing cycle. The premium is charged to your account as an Other Charse. Benefits: You may be offered certain benefits from time to time, which will be: subject to the restrictions outlined by MBNA America in a brochure or otherwise. MBNA America reserves the righ~ to adjust, add, or delete benefits and services at any time and without notice. Reasons for Requiring Immediate Payment: You will be: in default and we can rc:quiR immediate payment of all amounts you owe if: (I) you fail to make any required payment by the Payment Due Date; (2) your New Balance Total exceeds your credit Hmit. or if we have established a separate CRdit limit for you, your separate outstanding balance exceeds your separate credit limit; or (3) you fail to abide by any other terms of this Agreement. )f you default, unless prohibited by applicable law, we can also require you to pay the coUection and court costs we incur in any collection proceeding, and a reasonable attorney's fee if we refer your account for collection to an attomey who is not our salaried employee. Our failure to exercise any of our rights when you default does not mean that we arc unable to exercise those rights upon later default. Refusal to Honor Your Account: We are not liable for any refusal to honor your account, including any fonn of Advance, or for any retention of your checks by us, any other bank, or any seller or lessor of goods or services. Termination: We may suspend or terminate your rights to obtain credit at any time: for any reason. Your obligations under this Agreement continue even after your rights to obtain credit have been suspended or terminated. Amendments: We may amend this Agreement at any time: by adding, deleting, or changing provisions in compliance with the applicable notification requirements of federal law and the laws of the State of Delaware. If an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may tenninate your right to receive: credit and may ask you to return an credit devices IS a condition of your rejection. The amended Agreement (including any higher rate or other higher charges or fees) will apply to the entire unpaid balance including the balance existing before the amendment became effective. We may replace your account with another account at any time. ' Assignments: We may at any time, and without notice to you, assign 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 assignment shall be entitled to all of our rights and/or obligations under this Agreement, to the extent assigned. -UnautboJ'ized Use of Your Account: You are liable for the unauthorized use of your account. You should immediately notify us at MBNA Ameli, P.O. BOll ]5021, Wilmington, DE ]9850, (felephone ]-800-892-8349), orally or in writing, of the loss, theft, or possible unauthorized use of yo' account. Litigation: The Arbitration provisions ~~Io,,: apply to you unless yo~ Were given ~e ~ortunity to rej~ct the AJ"bitration provisions and you did so reje< them; in which case you agree that any litigation brought by you agamst us regardmg tlllS account or thIS ,Agreement shall be brought in a court located iJ the State of Delaware. I \ AJ'bitntion: Any claim or dispute ("C1aim") by either you or us against the other, or against the employees, agents or assigns of the other, arising nom 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 ~quitable relict), including Claims regarding the applicabiJjty of this Aroitration Section or the validity of the entire Agreement or any prior Agreement, shall be resolved by binding arbitration. "Claim" shall have the broadest meaning possible. I The arbitration shall be conducted by the National Arbitration Forum ("NAF'), under the Code ofProcedurc in effect at the time the claim is tiled. Rules and fonns of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.lIl.b-forutn.com. or P.O. Bo:x 50191, Minneapolis, Minnesota 55405, telephone 1.800-474-2371. 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. administrative and hearing fees which you are required to pay to pursue a Claim in arbitration. The arbitrator wilJ decide who will be ultimately responsible for paying those fees. In no event will you be required to reimburse us for any arbitration filing, administrative or hearing fees in aD 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. This arbitration . agreement is made pursuant to a transaction involving interstate commerce, and shal] be governed by the Fedet1l] Arbitration Act, 9 U.S.c. If ]-16 (''FAA j.. Judgment upon any arbitration award may be entered in any court having jurisdiction. lbc arbitration shan folJow existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any party requests the arbitrator shall write an opinion cOlllaining the reasons for the award. . No claim submitted to arbitration is heaid by a jury and no Claim may be brought as a class action or as a private attorney general. You do not bave the right to act as a class representative or participate as a mc:mbc:r of a class of claimants with respect to any Claim. This Arbitration Section applies to aD Claims now in existence or that may arise: in the future. I This Arbitration Section shaJJ survive the Ic:nnination of your account with us as weJJ as any vo]untaJy payment of the debt in fun by you. any banJaupfl:)' by you or sale of the debt by us. For the purposes of this Ar6itration Section. "we" and "'us" means MBNA America Bank. NA, its parent. subsidiuies, affiliates. licensCcs, predecessors successors, assigns. and any purchaser of your account, and all of their officers. dUeclors. employees, agents and assigns or any and an of ~ 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, merch~ts that acc~t any credit device issued lII!der the acc:oont. re~ or en~J1ment services. credit insura~cc companics. debt cbllectors and all of then officers, dlT'Cctors, c:r:"PJo~es ~nd agen.ls) If, an~, onlr If, su;h a third party IS named by ~u as a co-defendant in any Claim you assert against us. Also. for the purposes of thIS ArbItration Section, "you or 'yours shall mean any person or entity approved by us to use the account, including but not limited to an persons or entiti~ contractually obligated on the account and aJJ authorized users of the account:. If any part of this Arbitration Section is found to be invalid or unenforceable under any law or statuTe consistent with the FAA. the remainder of this Arbitration Section shall be enforceable without regard to such invalidity or unenforceability. THE RESULT OF TInS ARBITRATION AGREEMENT IS 1l:lAT. EXCEPT AS PROVIDED ABOVE, CLAIMS CANNOT BE UTlGATED IN COURT, INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A JURY, AS CLASS ACTIONS OR AS PRIVATE A TTORNEY GENERAL ACTIONS. GOYeJ'nlng Law: This Agreement is made in Delaware. ]t is governed by the laws of the State of Delaware. without regard to its conflict of laws principles. and by any applicable federal laws. ]f any part of this Agreement is found to be invalid, the rest remains effective. Our failure or delay in exe~sing any of our rights under this Agreement does not mean that we are unable to e:xercise those rights later. MBNA America~ is a federally registered service mark of MBNA America Bank, NA C 200J MBNA America Bank, N.A. Privacy I Your privacy is important to us II At MBNA, we are committed to providing you with the finest fmancial products and services ,backed by consistently top-quality service. And while information about you is fundamental to our ability to do this, we fully recognize the importance of keeping personal and account infonnation secure. " To offer you the widest range of products and services, MBNA may share information about you both within MBNA and outside of MBNA with other companies. This allows us to afTer you products and services ~at 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 OUT information , safeguards, what infonnation we collect, what information we share, and the benefits you receive when we share information about you. This notice describes the privacy practices ofMBNA Corporation and all MBNA affiliates, including MBNA America Bank, N.A., 1\.-1:eNAAmerica {Delaware), N.A., PaUadian Travel Services, Inc., MBNA Hallmark Information' Services, -Inc., MBNA Marketing' .. Systems, Inc., and MBNA Insurance Agency, Inc. (collectively, "MBNA j, for financial products and services governed by the laws of . the United States of America This notice explains MBNA ~s information collection and sharing practices and Jets you' choose whether or. notMBNA may share certain information about you, either within MBNA or outside ofMBNA with other companies. Our Security Procedures: MBNA understands the ~mportance of protecting and securing information and using it appropriately. Access to information about you is restricted to' the people ofMBNA who require it to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal standards for the security of information. When MBNA shares infonnation about you with companies outside ofMBNA, we require them to impose safeguards, use it only for a pemritted purpose, and to return it to us or destroy it once that purpose is served. . We limit the amount of information shared to what is appropriate to offer a product or service efficiently. MBNA requires any company receiving information from MBNA to sign a Confidentiality Agreement containing these requirements and obligating that company to protect the information as we would. Information We CoDed: MBNA collects and uses nonpublic pers'onal information about you to conduct our business and to 't:onsistently deliver the top-quality Customer service you expect from us. Sources of this information include the folJowing: . 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 lnternet; ., 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 ofMBNA. Information We Share Within MBNA: We may share all of the information we co]]ect about you with financial service companies within MBNA to offer additional products or services that may interest you and best meet your needs. We believe this is convenient for you and may save you both time and money. To do so, we share identification information (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 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 to time, we may allow companies outside ofMBNA 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 aggregatoTS, insurance agents, insurance companies, mortgage bankers, and securities brolcer-dealers), by nonfinancial ' companies (such as retailers, direct marketers, communications companies, Internet service providers, manufacturers, service companies travel agents, cruise lines, car rental agencies, hotels, airlines, publishers, and organizations endorsing MBNA financial products or ' services), and others (such as nonprofit organizations). Subject to applicable law, we may share all the information we collect with these companies outside ofMBNA, unless you tell us not to. Additionally, we may share all 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 infonnation 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 infonnation with companies outside ofMBNA 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 ofMBNA that wish to ofTer you their products and services as described above. If you wish to opt out of such in~rmation sharing, please call toll-free 1-866-751-1255. We win ask you to verify your identity and the specific accounts to which the opt out applies, so please have a)) 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, Dot by individual Customer. When any person listed with others on an account opts out (for lexample~ a co-applicant, joint account holder, or authorized user), we wiUlist the entire accoimt as having opted oul MBNA wi)) 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 ofMBNA, 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 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 noti~e'~Pdates and replaces ~yprevious notices from MBNA about the privacy, security. and protection ofIDformation. F~r additionalinfolmation regarding MBNA's privacy practices concerning ~e Internet, and to view the most recent version oftbis privacy notice. please go to ~.mbnacom and click on "Privacy Notice." You may have other privacy protections under state Jaws. We may amend this privacy notice at any time, and we will inform you of changes as required by Jaw. ~ 149171 , . EXHIBIT IIBII III MBNA America Bank, N.A. c/o Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 702 King Fann Blvd, Two Irvington Centre Itockville,~ 20850-5775 NATIONAL ARBITRATION FORUM. CLAIMANT(s), AWARD RE: MBNA America BaDk, N.A. v Mn DarleDe A Zaengfe File Number: F A0409000325236 ClaimaDt Flle Number: 74993708760290 Mrs Darlene A Zaengle 935 Forge Itd CARLISLE, PA 170134321 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: 1. 'That no known conflict of interest exists. 2. 'That on or before 09/09/2004 the Parties entered into an agreement providing that this matter6hall 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 Itule 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 ClaimaDt, for a total amount ofS21,OOO.51. Entered in the State of Pennsylvania ~#~f6 Ho lab Jack M. Marden AmI or Date: 11/11/2004 7d tt- "- ~ "{) $ ........... (j ~ It .~ ~ ~ ~r J ;~~-~ I-I . ~'.. 4: -;"'! -"' -. " () C,; =-2 r-v f:=J ::::::> <:.n o .1 -l r+-n .,- r'.. ;. ~~ c.;~ \ ~i ,on :~ .-< L > :.;c: .r=- W 8 SHERIFF'S RETURN - REGULAR CASE NO: 2005-00206 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MBNA AMERICA BANK NA VS ZAENGLE DARLENE A JODY SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE ZAENGLE DARLENE A was served upon the DEFENDANT , at 1035:00 HOURS, on the 13th day of January 2005 CARLISLE, PA 17013 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE DARLENE A. ZAENGLE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 .00 .00 10.00 .00 28.00 Sworn and Subscribed to before me this .1 'i [b. day of C)w'A}.:lmJf A.D. ~1_ f2 ~A ;C,_ -< ~ P othonotary So Answers: -.r-.,rC'/ /AR ,r ..~'?~;)o~~~ ~~ R. Thomas Kline 01/13/2005 WOLPOFF & ABRAMSON By: ~o~ ~~ Deputy heriff '11053' 05'" - ;L6~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 NO. 05206 Plaintiff vs. MRS DARLENE A ZAENGLE Defendant (s) PRAECIPE FOR JUDGMENT Mr./Ms. Clerk: Please enter Judgment in favor of Plaintiff and against Defendant(s), MRS DARLENE A ZAENGLE and for want of ANSWER TO COMPLAINT. ( X ) Amount due $ 21000.51 Interest $ Attorney's Commission $ Filing costs $ TOTAL $ 21000.51 , plus interest ( X) I certify that the foregoing assessment of damages amounts alleged to be due in the complaint and is calculable as the complaint. ( X) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ( X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. and costs is for specified a sum certain from DATE: lo/kJ/or I I Signature: NOW, ()c.{ . i I Amy F. oyle #87062 Daniel F. Wolfs #20617 Bruce H. Cherki #18837 Philip C. Warholic #86341 Ronald M. Abramson #94266 Ronald S. Canter #94000 Donald P. Shiffer, III #89451 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 . 20~, JUDGMENT IS ERED AS AB Division Prot By: Deputy PRAECJ/PANOJ W&A FILE NO. 121491208 ""'II"'" MAIN OFFICE TWO IRVlNGNN CENTRE 702 KING FARM BLVD., ROCKVlLLE, MD 20850 REGIONAL OFACES 10605 JUDICIAL OR.. BLOG. A-5, FAIRFAX, VA 22030 1108 E. MAIN ST., STE. 1003, RICHMOND, VA 2321e 5122 GREENWICH RD.. VIRGINIA BEACH, VA 234(12 9'9 N. MARKET ST.. STE.1300, WILMINGTON, DE 19sGG , 954 GREENSPAING DR., STE. 400, TIMONIUM, MD 21093 1 VALLEY BANKBLOG. BOX 1226, CLAAKSBURG, WV2M02 2625 TOWNSGATE AD '330, WESTLAKE VILlAGE, CA Q1361 2e7 E. MARKET ST" YORK, PA 17403 24360 NOVI AD., BLDG. 1, NOVI, M148375 300 CANAL VIEW BLVD., ROCHESTER, NY 14623 NATIONAL COLLECTION ATTORNEY NETWORK AFFILIATED FIRM LOCATIONS (NOT REGIONAL OFFICES OF WOLPOFF & ABRAMSON, LLP.] .. I::lIRMINGHAM, ALABAMA CABOT, ARKANSAS ANCHORAGE, AlASKA ENGLEWOOD, COLORADO PHOENIX. ARIZONA FT. LAUDERDALE, FlORIDA LAW OFFICES W 0 L P 0 F F 8< A BRA M SON, L. L. P. Attorneys in the Practice of Debt Collection (A National Collection Attorney Network Firm) 267 EAST MARKET STREET FIRST FLOOR YORK, PA 17403.2000 717-848-6203 OUTSIDE YORK METROPOUT AN AREA (TOll FREE) 1-8OG-75S.0075 FACSIMILE (717) 848.1146 PLEASE DIRECT ALL INClUIRIES TOYOAK OffiCE 121491208 MRS DARLENE A ZAENGLE 935 FORGE RD CARLISLE PA 17013-4321 Re: MBNA/GOLD RESERVE-GOLD OPTION vs. MRS DARLENE A ZAENGLE Docket No. 05206 Dear MRS DARLENE A ZAENGLE N,ATIONAL COLLECTION ATTORNEY NETWORK AIFflLlATED FIRM LOCATIONS rNOT REGIONAL OFFICES OF WOLPOFF & ABRAMSON, L.LP.r NORCROSS. GEORGIA CLEVELAND, OHI Ho.\IOLULU, HAWAII OKLAHOMA CITY, OKLAHOMA BOISE. IDAHO EUGENE, OREGON MERRILLVILLE, INDIANA PROVIDENCE, RHOOE ISLANe CHICAGO, ILLINOIS COLUMBIA, SOUTH CAROLlN.A K)~NSAS CITY, KANSAS KNOXVILLE, TENNESSEE LEXINGTON, KENTUCKY HOUSTON. TEXAS MI=tAIRIE, LOUISIANA SANDY, UTAH NEEDHAM, MASSACHUSETTS MILWAUKEE, WISCONSIN MINNEAPOLIS, MINNESOTA RAWLINS, WYOMING ST.LOUIS. MISSOURI GHEAT FALlS, MONTANA OI'MHA, NEBRASKA lJl.S VEGAS, NEVADA Mi~NCHESTER, NEW HAMPSHIRE C!;QAA KNOLLS, NEW JERSEY FV~LE!GH, NORTH CAROLINA FARGO, NORTH DAKOTA * The NdoMI CoIlectton AtIorney N.twortll. .n .fflll.1Ion of ..par.. "W firm. W&A Hours of Operation: 8 a.m. . 11 p.m. E.S.T. M.F COpy [;&A File No. 121491208 Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Enclosure Sincerely, Amy F. #870 2 Daniel F. Wol son #20617 Bruce H. Cherkis #18837 Philip C. Warholic #86341 Ronald M. Abramson #94266 Ronald S. Canter #94000 Donald P. Shiffer, III #89451 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 CC: MRS DARLENE A ZAENGLE This is an attempt by a debt collector to collect a debt and any information obtained wi II be used for that purpose. NOT 1 OD/P ANOTC LTRHD1 (01/11,os) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 NO. 05206 COpy Plaintiff vs. MRS DARLENE A ZAENGLE Defendant(s) TO: MRS DARLENE A ZAENGLE 935 FORGE RD CARLISLE PA 17013-4321 DATE OF NOTICE: 3JIllb IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT MAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Assn. 32 S. Bedford St. Carlisle 800-990-9108 PA 17013 By: Amy F. Doyle 1187062 Daniel F. Wol son #20617 Bruce H. Cherkis #18837 Philip C. Warholic #86341 Ronald M. Abramson #94266 Ronald S. Canter #94000 Donald P. Shiffer, III 1189451 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 IMPNOT/PANOTC W&A FILE NO. 121491208 . 11051.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 No. 05206 Plaintiff vs. CIVIL ACTION - LAW MRS DARLENE A ZAENGLE Defendant (s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK The undersigned counsel, being duly sworn according to law, depose and say that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and belief Defendant, MRS DARLENE A ZAENGLE , above-named, is over 21 years of age; is last known to reside at 935 FORGE RD CARLISLE PA 17013-4321 County of CUMBERLAND the United States or Servicemembers Civil , Pennsylvania; is not in the military service of its Allies, or otherwise within the provisions of the Relief Act and its Amendments. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Dina A. Sweitzer, Notary Public Hampden Twp., Cumberland County My Commission Expires Apr. 16, 2008 Amy F. #87 2 Daniel F. Wol on #20617 Bruce H. Cher s #18837 Philip C. Warholic #86341 Ronald M. Abramson #94266 Ronald S. Canter #94000 Donald P. Shiffer, III #89451 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market St., York, PA 17403 (717) 846-1252 Co~~sel for Print,ff aU day of [TOY;:):" V , 20ns- SWORN and SUBSCRIBED to before me this (J)J/~~~ Notary Public ' -.. PNMAFFjPANOJ W&A FILE NO. 121491208 . 11052. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 No. 05206 Plaintiff vs. CIVIL ACTION - LAW MRS DARLENE A ZAENGLE Defendant (s) CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I, hereby certify that the precise residence of Plaintiff is: MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 and certify that the last known address of the within Defendant(s) is: MRS DARLENE A ZAENGLE 935 FORGE RD CARLISLE PA 17013-4321 Amy F. oyle #87062 Daniel F. Wolfs n #20617 Bruce H. Cherki #18837 Philip C. Warho ic #86341 Ronald M. Abramson #94266 Ronald S. Canter #94000 Donald P. Shiffer, III #89451 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 PCRES/PANOJ W&A FILE NO. 121491208 ~ r-> 0 Q q C-) .." C::-..l C 7':J -0 c "" ::C re- s C> - .,., ~ 1t 0 ~?:l :.:. rl1e L _Q tr. () (...> :'i'( (/Y.' (__',(..). r - '". :~c ::;,~ -- IN f- ~ ',_ -,., F! ?- l~) ~~'" ~ '~~~-. -, :.~rr; >J - \) Cl :P- c:.. .r:: .....1 - ~ ~ -e:. ....a :X, 0 '::t) :2 :-< -- \.D flS t' --I- - +- ~ ------.L.. r--- . 11054 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD NO. 05206 Plaintiff vs. CIVIL ACTION - LAW MRS DARLENE A ZAENGLE Defendant(s) NOTICE OF JUDGMENT ( x) Notice is hereby given that a in the above-captioned matter has been entered $ 21000.51 , plus interest, on ~ .3 I against you in the amount of , 20~. ( x) A copy of all documents filed with the Prothonotary in support of the within judgment is/are attached. ion Pro By: If you have any questions regarding this Notice, please contact the filing party. Amy F. yle #87062 Daniel F. Wolf n #20617 Bruce H. Cherk #18837 Philip C. Warholic #86341 Ronald M. Abramson #94266 Ronald S. Canter #94000 Donald P. Shiffer, III #89451 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 (This Notice is given in accordance with Pa.R.C.P. 236.) NOTICE SENT TO: MRS DARLENE A ZAENGLE 935 FORGE RD CARLISLE PA 17013-4321 STNTC/PANOJ W&A FILE NO. 121491208 341 IN THE COURT OF COMMON PLEAS OF CUMBERLANP COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 No. 05206 . Plaintiff vs. MRS DARLENE A ZAENGLE 935 FORGE RD . CARLISLE PA 17013-4321 Defendant (s) PRAECIPE TO SETTLE AND SATISFY PLEASE MARK THE ABOVE-CAPTIONED ACTION AS SETTLED, SATISFIED AND DISCONTINUED. Respectfully submitted, By: Y F. Doyle #87062 / Daniel F. Wolfson #20617 Philip C. Warholic 1186341 / ~.~ ~r.Elw~ C. . 1>... ear~~s.: c... ...~.73'i . David R. Galloway 1187326 / '~~4 Ronald M. Abramson #94266 / Ronald S. Canter #94000 Bruce H. Cherkis #18837 WOLPOFF & ABRAMSON, L.L.P. / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor, Camp Hill, PA 17011 (717) 303-6700 cc: PAPR4 PA176A W f ;-,:'