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HomeMy WebLinkAbout05-0212 1499 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIULY8L~ MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 NO. CS - OJ.IJ..... Plaintiff VS. CIVIL ACTION - LAW RALPH T BAILEY II 306 SHED RD NEWVILLE PA 17241-8758 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 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. 113285303 .L.JUJ 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. OS - ::l1.:J..- (! <o~ L '-r-l Plaintiff VS. CIVIL ACTION - LAW RALPH T BAILEY II 306 SHED RD NEWVILLE PA 17241-8758 Defendant(s) COMPLAINT Now comes the Plaintiff, MBNA AMERICA BANK, N.A. , by and through its attorneys, and the law firm of Wo1poff & 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, RALPH T BAILEY II a last known address of , is an adult individual with 306 SHED RD NEWVILLE PA 17241-8758 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. 113285303 1507 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 $ 8594.60 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), RALPH T BAILEY II , in the amount of $ 8594.60 plus costs of this action and such other relief as the Court deems proper and just. Respectfully submitted, Q)J. ),L:L Amy F. Doyle ~~~~7062 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 lDSOA2/PACCP W&A FILE NO. 113285303 1512 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: ;j)J J~~~- Amy F. Doyle #87062 Daniel F. Wolfson #20617 Bruce H. Cherkis #18837 Philip C. Warholic #86341 David Schertz #81925 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market St., York, PA 17403 (717) 846-1252 Counsel for Plaintiff PAVERF/PACCP W&A FILE NO. 113285303 14911 EXHIBIT nAil . .1.... 'Or'", ---=. I " ,. ~-":~';;;:;"';"'~::;;=-~';";':-~~~;:;--'--~~~~<:;;:..;..~;;..~-_:;.:;;-,"~::::;-:::.-,.:~~..;;< "~ ~ . ...~ . _ ".~>> -. .~. :..:'.:":" .;.:t.. '-..' . Credif:Ca~d. Agreement. . Additionai Terms :and. Conditions , : .":..';;". -. ~-- -'~:::'.::-....-...::.:.:_::._. .. . .- ...: 0'.':. '. .... -;;: . .....: " ", ...~.\. ..:, ...... . _. .... ..f., "'_ ., ~~'" ~..:..~. . :.';,;~, . .u~ci~,,:~:,,:~,,\;~~'~;..r".N. ~;.. :.,' .'- . . .rIJiIIf'8C'{' I~~U' . ..-.....Jo................;..--.....':......... ..::~:,:.::.:.~.-. . .. ~. I . ..... -.-;';~..~ .~.,....!l''' ;....~.. .,\i'-..,.n:. ~:~.~~...)o." e. .... _.... '.,_.~~.~ ....... '.''''';",;-:!:";:::,,,:-z:.-;'.r... ,". .t:'" '.: ':' ":. '\ L.. ...~.~... . ~."~z::,,,#...~. ; .,~:.:-:'~.i::~~;~.~~,l..~:!~~~~,\..,:..~:.~:... ....f.:_: . .' . Acc\Jracy~fJfitoirria1iOn1:!i:arnishecftCi"., . . . ", ....,._... t ....... '" ,..,.... .,........ ..' I. "1;--'" . . "-" Credit Reportlng'Ag~nt:res::"~'i:;~t.-:~l~:::::~4' .' .. "';'~. . . How to Ose Your Account......;..;...~..........4 .' , : ..... .. ......." .:. . . "':"1':'t~~..) -.!~~:.!.i.i-~.4.....'~~::.: >...::.;~:,. .~:!....", .__. .1. .... .. . ~ ..: ~~. .:: .""f;~ji~~~;f~;;:;:;:~~~:<.~:,:.: .~{.: .. - . Payments on Your Account......................5 ~ .~. .... . ". ,:"".;'..~:: . .~ .~..1.~~:.;..:.~:.~!;~.~~=-;.~..~:~ . . . . .,....- .' .~,.a;~.:- . We May Amend This Agreement .............8 ....... ... ::..:-:. ..... . ..... 0',' .: 'I;. :o:o:..~.: .>:.':.: ,,~:,,),t:. ," :", ol'_~" .... :' ''';'~''~'~ ...:..:.~.;.~~....ii.:..~~ .":,, .:...:!: ..~~. ,~:..~ . ..".. ....,..,...0 ", .. ... .What. Law 'APplies ~.;;:. ;.~;:~:~.,~,~.~.~~!.~~...:'. . ..... " . .,....- :~.~ ;<.~. ff' ~:~~ :.: f. :~: ~'..::-.~.'. ,'''": : .. '. ...~,~/:~:u...-:z...:.:.-: . .r ~("~....::.:: tf: .. .... : . ", . :"-:'. :.:~~:;~~It-:. .. '~" .....~;!1:.~.~=~:~...: . Arbitration .~~ Li~}~~!?:.~"=-t...::;~~;.~:.:i~:~~~..C) ","'. ,,;' .-.-~':'.,"''';..-. NE;~ ~-" ." - --~-=--_.,--'---;t'- You, CoJltrad Witlr Us Ypur Credit Card Agreement with us consists of these Adfltional Terms and Conditions and the document called th~ Required Federal Disclosures or the Initial Disclosure. Yo~ 'aeree to the terms and conditions of this Agreement. Fotthe purpose of the Pri\llltll NOliu. we will use the definition: co.,alned in the third paragraph of the PriVGCII Noliu. For the'remainder of the Agreement. we will use the definitions described under the section heading Words USfd O/ttn ift Trfis:Agne,",ftl. Privacy Notice Your privacy Is important to us: At MBNA. we are committed to providing you with the finest financial p~ucts and se.rvi~es back~ by consistently top-qualit: servIce. And while informatIon about you is fundamental to our ability to do this. we fully recognize the importancl of keeping personal and account Information secure. To offer you the widest range of products and services, MBNA may share Information about you bbth within MBNA and outside of MBNA with other companies. This allo',vs us to offer you products and services that may interP.st you and best meet your needs. whether they are available directly fromMBNA or through our relationships with other companies. We want you to understand our information safeguards. what informatior we collect. what information we share. and the benefits you receive when we share information abou~ you. This notice describes the privacy practices of MBNA Corporation and all MBNA affiliates. including MBNA America Bank. NA. MBNAAmerica (Delaware). NA. Palladian Travel Services. Inc.. MBNA Hallmark Information Services. Inc.. 'MBNA Marketing Systems. Inc.. and MBNA Insurance Agency. Ine. (collectively. "MBNA"). for flnandal products and services governed by the laws of the United States of America. This . notice explains MBNA's Information collection and sharing practices and lets you choose whether or not MBNA may share certain information about you. either within MBNA or outside of MBNA with other companies Our Security Procedures: MBNA understands the importance of protecting and securing information and using it appropriately. Access to information about you is restricted to the people of MBNA who require It to provide products or services to you. We maintain physical. electronic. and procedural safeguard! that comply with federal standards' for the security of Information. When MBNA shares information abolU you with companies outside of MBNA. we require them to impose safeguards. use It only for a permitted 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 effi- ciently, MBNA requires any company receiving infor- mation from MBNA to sign a Confidentiality Aereemen containing these requirements and obligating that company to protect the information as we would. -.. -,._~-"'==<~"'--- . -.< -.... -"';;?:~~I__'___: --..__ Information We Coned: MBNA collects and uses nonpublic personal information about you to conduct our business and to consistently deliver the top-quality Customer service you expect from us. Sources of this information Include the followine: . Information we receive from you on applications and other forms or through your correspondence or communication with us including through the mail. by telephone. or over the Internet; . Information we receive from third parties. such as consumer reporting agencies, to verify statements you've made to us. or regardin<< your employment. credit. or other relationships; and . Information about your tran~ions with MBNA and with other companies outside of MBNA. Information We Share Within MBNA: We may share all of the information we collect about you with financial service companies within MBNA to offer 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 paymentsl. credit elieibillty information (such as credit reports and applications), and other information. The decision to purchase any such prod- ucts or services is yours alone. You may tell us not to share credit eligiGility information about you within MBNA. but please understand this does not prohibit us from offerine you additional products and services or from sharing transaction and experience. identification. and other information within MBNA. Information We Share With Others: From time to time. we may allow companies outside of MBNA to offer you their products and services that may interest you. These products and services may be offered by financial service providers ISuch as banks. loan brokers. account aggregators. insurance agents. insurance companies. mortgage bankers. and securities broker-dealers). by nonfinancial companies (such as retailers. direct mar- keters. communications companies. Internet service providers. manufacturers. service companies. travel agents. cruise lines. car rental aeencies. hotels. airlines. publishers. and organizations endorsing MBNA finandal products or services). and others (such as nonprofit organizations). Subject to applicable law. we may share r.,' all the information we collect with these CQrnpanies out-.. f. side of MBNA. unless you tell us not to. . ..... ~. Additionally. we may share a\l the information we '" ~ .' collect with companies that perform rnarketifli or othel':, ;'t-;;~' services on our behalf or to other financial institutions' ") f' with which we have joint marketing agreements. we; i are also permitted by law to share information about;~ ~.' you with other companies In certain circumstances. , . ';~: :.' For instance. we may share a\l of the information we .~'. collect with companies assisting us in servicing your .Ioan or account. with companies that endorse our products and s'el'V'i<:es through affinity agreements. with government entities in response to subpoenas or' .' ~v_~__,_. _ _._ --. .--.--..-...2....;;;;~=-=-:..:7..... t' ,.; ." 1: ~. l" f~UlatOry requiremeAts: abd with consumer reporting agencies. If you t\l1 us not to share information with companies outside of MBNA -that wish to offer you their prQducts and services. as described above. please understand that we will continue to share information in these additional circumstances. Important Information About Your Choice: We're dedicated to serving your needs - and to respecting your choices related to privacy. You may tell us not to share credit eligibility information within MBNA. and you may tell us not to share information with companies outside of MBNA that wish to offer you their products and serv- ices as described above. If you wish to opt out of such information sharing. please call toll-free 1-866-7'51-1255. 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 indMdual Customer. When any person listed with others on an account opts out (for example. a co-applicant. joint account holder. or authorized user). we will list the entire account as having opted out MBNA will continue to adhere to its disclosed privacy practices for an account even If it becomes inactive or is closed. An opt out from information sharing on an account as described above. either within MBNA andlor with companies outstde of MBNA. remains effective unless revoked in writing. Federal regulations require us to provide this notice on an annual basis. whether or not an .account has previously opted out from either type of information sharing. Please remember when you reo.eive our subsequent notices that an account prev\ously 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 MBNA's privacy practices concernini the Internet. and to view the most recent version of this privacy notice. please go to www.mbna.com and click on "Privacy Notice: You may have other privacy pro- tections under !itate 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 "Aireement" or "Credit Card Aireement" means these Additional Terms and Conditions and the RequirecJ Federal Disclosures (or the Initial Disclosure) and any changes we make to those documents from time to time. "You" and "your" mean each and all of the persons who are granted. accept. or use an account we hold. ."You" and -your" also mean any other person who has guaranteed payment of this account. when used in the sections entitled We May Monitor ond RetoRt TIItphon, Ollis and Milllllion 011II UligcIlion and when :... ___________. uxd il! mcb._of ~ t~:.':!ons lelHil1( t<'l ~t rt thi&~unL ,~. 3 r- -. (YDllr P1llIIfist~ PllJI and ~'Wt AIIrutI VGIII'~. for exampJeJ "We." "us: "our". and "MBNA America- mean MBNA America Bank. N.A. -Card- means all the credit cards we issue to you and to any other person with authorization to use this account pursuant to this Agreement. "Access chedt" means an access check we provide to you t malee a Check Cash Advan~ on your account. If we use a capitalized term In this dOcument but do not define the term In this document. the term has the meanint Biven in the ReqUired Federal DIsdasures or the Initial Disclosure or as used In your monthly statement, We use section headln,s Isuch as Words Uw Oft,n i" TII A9r"lIltllt) to orianize this Aireement. The actual terms c this Ag(eement are in the sentences that follow and not, the headines, Sign Your Card You should sian your card before you use it. We May Monitor and Record Telephone Calk l~ You consent to and authorize MBNA America. any of Its afftll. ~ ates. or its marketlna associates to monitor andlor record ar " of your telephone conversations with our representatives or ~ >~, the representatives of any of those companies. . :t":. Credit Reporting Agendes ~;, You authorize MBNA America to collect information about you, indudinc credit reports from consumer reportlnc aeende . If you believe we have furnished Inaccurate or incomplete ' information ,bout you or your account to a credit reporti",,:} agency. write us .t: MBNA. Credit Repettin& Aiencies. P.O. ;; Box 1705... Wllmlncton. DE 19884-7054. Please Indude you'>; name, address. home phone number. and account number. and aplain what you believe Is inaccurate or incomplete. How to Use Your ActOun! You may obtain credit In the form of Purchases and Cash Advances by usin& your cards. access checks. account num" ber. or other creclit devices. Please refer to your Required Federal Disclosures or Initial Disclosure to determine what transactions constitute Purchases and Cash Advances and how you may obtain them. Transadion Date for Certain Casli AdvllJICI The transaction date for Check Cash Advances and Beier Transfers done by chedt is the dete you or the person to whom the check is made payable first deposits or cashes tt it check. The transaction date for a returned payment (which ~i . will then be classified as a Bank Cash Advance) Is the date .~':: that the correspondina payment posted to your account. ~ PUrposes for Using Your Account You may use your account for personal. femlly, or houset. ,~,,~ .purposes. You may not use your lKXOunt for business or ... . commercial purposes. You may not use 8 Check Cash ~. Advan~. or any other Cash Advance. to make a payment 0 this or any other credit account with us. You may not use O! permit your account to be used to make any illeca! transacd !,ersons Using Your Auo.."t If you permit any person to use your card. access chec account number. or other credit device with the authoriUt c t()C?~~l!!.!l 9;-~di.t _9~~ur ~9u~..J:~l!.< ma~ ~. liable __fo~. -' 4 f" transactions'mde by that Person. including transactions lor which you may not have intended to be liable, even il the amount 01 those transactions causes your credit limit to be exceeded, Authorized users 0/ 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. Oral and written stop payment requests on an access check are ellective for six montlls 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. 11 you do postdate an access check, we may elect to honor it upon presentment or retum it unpaid to the person who 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 01 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. lees, 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 P~meAt Due. will not affect your obligation to make the next Total Minimum Payment Due. 11 you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will reject payments that are not drawn in U.S. dollars and those drawn on financial institutions located outside the United States. Payment of your Total Minimum Payment Due may not avoid the assessment 01 Overlimit Fees. When Your Payment Will Be Credited to Your Account We credit payments as 01 the date received. if the payment is I J 1 received by 2 p.m. (Eastern Time); 121 received at the address shown in the upper lelt-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~nly the top portion 01 your statement accompanying It. Payments received alter 2 p,m. on any day. including the Payment Due Date. ~ut 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 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 .. APRl:.T~u'11U'1"lfOB';,:"tth 1)f.J",vl;"rIllIAPR offtr!t beill<< ""ie 5 . . .. .", belore any other existing balilnces. 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 lor any total outstanding balance. We may reluse to release Irom liability any person who is responsible to pay any total outstanding balance, until all 01 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 01 this Agreement. Default You will be in delault 01 this Agreement if: III you fail to make any required Total Minimum Payment Due by its Payment Due Date; (2) your tota I outstanding balance exceeds your credit limit; or (3) you lail to abide by any other tenn 01 this Agreement. Solely lor the purposes of detennining eligibility and premium payment. obligations lor the optional credit insurance purchased through MBNA, you will be deemed in de/ault or delinquent it you fail to make a payment within 90 days of your Payment Due Date. Our lailure to exercise any c our rights when you default does not mean that we are unable to exercise those rights upon tater delault, When We May Require Immediate Paymen' If you are in default. we can require immediate payment 01 your total outstanding balance and. unless prohibited b~ applicable law and except as otherwise prOVided under the ArbilrDliDII Dlld UligDlion section 01 this Agreement. we can also require you to pay the costs we incur in any collection proceeding. as well as reasonable attorneys' lees if we rete your account for collection to an attorney who is not our salaried employee. Other Payment Terms We can accept late payments, partial payments. or pay. ments with any restrictive writing without losing any of our rights under this Agreement. This means that no payment. including those marked with -Paid in full" or with any other restrictive words. shall operate as an accord and satislactic without the prior written approval 01 one 01 our senior offic You may not use a postdated check to make a payment. " you do postdate a payment check. we may elect to honor j upon presentment or retum it uncredited to the person wi presented it, without. in either case. waiting lor the date shown on the check. We are not liable to you for any loss or expense incurred by you arising out 01 the action we elect to 1 Payment Holidays We may allow you. from time to time. to omit a month payment. We will notify you when this option is availablE you omit a payment. finance charles anli! any applicable t will accrue on your account in accordance with this Agreement. You must resume making your Total Minimu Payment Due each month following a payment holiday. Transactions Made in Foreign Currenc \I you make a transaction in a loreiin currency. the trans. will be convened by Visa International or MasterCard International. depending on which card you use. into a t dollar amount in accordance with the operating regulatio conversion procedures in ellect at the time that the trans is processed. Currently. those regulations and procedur . provide chdnhc \oUt ........., "OMLJDiafl r&te te t~\/"Q if' '._,-~ 6 ;'H,''lli(: . ~<f II) a wholesale'7"markeuate o~ (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 lor performing the currency conversion service. The currency conversion rate in effect on the processing date may differ Irom 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 and Charges Account Fees: The lollowing lees. which are set lorth in your Required Federal Disclosures or Initial Disclosure, are charged as Purchases in the billing cycle in which the lees accrue: ( I) a Late Fee il 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 01 a billing cycle. even if lees or finance charges charged by us cause your New Balance Total to exceed your credit limit; an Overlimit Fee is charged to your account as 01 the day in the billing cycle that the total outstanding balance on your account exceeds your credit limit; (3) a Retumed Payment Fee il a payment on your account is returned lor insufficient lunds or lor any other reason. even if it is paid upon subsequent presentment; (4) a Returned Cpsh Advance Check Fee if we return an access check unpaid lor any reason. even if the access check is paid upon subsequent presentment: (5) a Copy Fee lor each copy 01 a monthly statement or sales draft. except that the six most recent monthly statements alld six sales drafts will be provided lor Iree; and (6) an Annual Fee if your account is open or if you maintain an account balance, whether you have active charging privi- leges or not. Abandoned-Proper1)' Charles: 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 lor additional lees and charges that may apply to your account. Benefits We may offer you cenain benefits and services with your account. Unless expressly made a pan 01 this Agreement. any such benelits or services are not a pan 01 this Agreement but are subject to the terms and restrictions outlineo in the benefits brochure and other official documents provided to you Irom time to time by or on behalf 01 MBNA America. We may adjust. add, or delete benelits and services at any time and without notice to you. Refusal to Honor Your Account We are not liable lor any relusal to honor your account. This can include a relusal to honor your card or account number or any check written on your account. We are not liable lor any retention 01 your card by us, any other bank. or any provider 01 good~ ~~..~ervi~. 7 We May suspe~'d or Close Your Account We may suspend or close your account or otherwise termine your right to use your account. We may do this at any time anc lor any reason. Your obligations under this Agreement continu. even after we have done this. You must destroy all cards. aceel' checks. and other credit devices on the account when we reque: that you do so You May Close Your Account You may close your account by notifying us in writine or t telephone and destroying all cards. access checks. and other credit devices on the account. Your obligations under this Agreement continue even after you have done this. Transactions After Your Account Is Closed When your account is closed. you must contact anyone authorized to charge transactions to your account. such as Internet service providers, health clubs. or insurance companie: These transactions may continue to be charged to your account until you chanie the billilll. Also. If we believe you have authorized a transaction or are attempting to use your account after you have requested to close the account, we may allow the transaction to be charled 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 01 this Agreement. When we amend this Agreement. we will compl~ with the applicable notice requirements ollederal and Delaware law that are in effect at that time. II an amendmen gives you the opportunity to reject the change. and if you reject the change in the manner provided in such amend." ment, we may terminate your right to receive credit and may .,c' ;, ask you to return all credit devices as a condition of your ~:,',,* rejection. The amended Agreement (including any higher-rat or other higher charges or lees) will apply to the total out- standinll balance. including the balance existing before the amendment became effective. We may replace your card wit another card at any time. We May Sell Your Account We may at any time. and without notice to you. sell. assiel or transler your account. any sums due on your account. this Agreement, or our riihts or oblillations under your account c this Agreement to any person or entity. The person or entity to whom we make any such sale. assignment or transler shal be entitled to all 01 our rights and/or oblieations under this Agreement to the extent sold. assigned or translerred. Your Credit Limit Your credit limit is disclosed to you when you receive your card and. generally. on each monthly statement, We may change your credit limit !rom time to time. .. The amount shown on your monthly statement as Cash OT Credit Available does not take into account any Purchases. Cash Advances. finance charges. lees. any other transactions. or credits that post to your account after the Closing Date of that monthly statement. Such transactions could result in your credit limit being exceeded and result in the assessmen 01 Overlimit Fees. W hat We May Do if You Attempt to Exceed Your Credit Limit The total outstanding balance on your account plus authoriza- tiOl\i at any time must n", be t1)ore"tN" ~Uf ~ : q't lil'\it If }",. 8 attempt a tranSaction that r;Sults in your total outstanding bal- ance (plus authorizations) exceeding your credit limit. we may II} permit the transaction without raising your credit limit: (2) permit the transaction and treat the amount of the transaction that is more than the oedit limit as immediately due: or 13} 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 penn it a Check Cash AdvanCe or Balance Transfer. we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused. that there are insufficient funds to pay the Check Cash Advance or Balance Transfer. or in any other manner. If we have preViOusly permitted you to exceed your credit limit. it does not mean that we will permit you to exceed your credit limit again, If we decide to permit you to exceed your credit limit. we may charge an Overlimit Fee as provided in this Agreement. Unauthorized Use of Your Card Please notify us immediately of the loss. theft. or possible unauthorized use of your account at 1.800.789-670 I . You Must Notify Us When You Change Your Address We strive to keep accurate records for your benefit and ours, The post office and others may notify us of a chanie 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. the remaining provisions will continue to be effective. Our Rights Continue Our lailure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. Ar6itration 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 timelrame required. If you did reject effectively such a provision. you agreed that any IitigatiOll 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 I"Claim"} by either you or us against the other. or against the employees. agents. or assigns 01 the other. arising Irom 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 lor money damages. penalties. or declaratory or eqUitable relief!, includiR€ Claims regarding the applicability of this Arbitration and Litigation section or the validity 01 the entire Agreement or any prior Agreement. 'shall be resolved by. binding arbitration. ----.:::1'l.~ ..tI At. Atif\1\ c~,,~ \:. O'Jnd\ll:t-d by "'!J~~!~I!:~!lQ!l:.._~. 9 Forum '"NAr"-r. under the c6ae of Procedure in effect at the time the Claim is filed. Rules and forms 01 the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office. www.arb-Iorum.com.orP.O. Box 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 reCQinized. independent arbi- tration organization that uses a similar code of procedure. At your writ.t~n.req.uest. we will advance.any. arbitration flline fee. or administrative and hearing lees that you are required to pay to pursue a Claim In arbitration, The arbitrator will decide who will be ~ltimatelY responsible lor paying those fee~. In. no ~ent Will ro,u be !equired to reimburse us for any arbitration filing. administrative. or hearing lees in an amount greater than what your court costs would have been if the Claim h~d b,een res~lved in a state court with jurisdiction. N}Y ~rbltrat1on he~n~g.at which you appear will take place wlthm the federalludlclal district that includes your biJIine address at the time the Claim Is filed. This arbitration 811'ee" ment Is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. 9 U.S.C. n 1"16 ("FAA"). Judgment upon any arbitration aw~rd may be entered In any coun having jurisdiction. The arbitrator shalllollow existing substantive law to the extent co~sistent with the f:M and applicable statutes 01 limitations and shall honor any claims or privilege recognized by law. If any party requests. the arbitrator shall write an opinion con- taining the reasons lor the award. No Claim submitted to arbitration is heard by a jury. and no ClaIm may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim. This Arbitration and Litigation section applies to all Claims now in existence or that may arise in the luture, This Arbitration and Lltieation section shall survive the termination of your account with us as well as any voluntary payment of the debt In full ,by you. -any bankruptcy by you. or sale of the debt by us, For the purposes of this Arbitration and Litigation section. "we" and "us- means MBNA America Bank. NA.. its parent. subsidiaries. affiliates, licensees. predecessors. successors. assigns, any purchaser of your account. and all 01 their officers. directors. employees. atents. and assiens or any and a/l 01 the~, .Additionally. "we" or "us" shall mean any third party prOViding benefits. services. or products in connection with the account (Including but not limited to credit bureaus. mer- chants that accept any credit device issued under the account. rewards or enrollment services. credit insurance companies. debt collectors. and all 01 their officers. directors. employees and agents) if, and only If. such a third party is named by you as a codefendant in any Claim you assert against us. II any part 01 this Arbitration and Lltigatioa.section is found to be invalid or unenlorceable under any law or statute consistent with the FAA.. the remainder 01 this Arbitration and Litigation section shall be enforceable without relard to such invalidity or unenlorceability. . THE RESULT OF THIS ARBITRATION AGREEMENT IS THAT, EXCEPT AS PROVIDED ABOVE, CLAIMS CANNOT BE LITIGATED IN COURT. INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A IURY. AS CLASS ACTIONS. OR AS PRIVATE ATTORNEY GENERAL ACTIONS. ,.';:':"". ,..~i. dl /'I,:}t . , . , ..1!l ----,:,-~:..:..:--.:...--,-::...:.-~---::::.:::,::::;;;!.;;..!::..~.. ~;;;;,..;.::.:.~-~~_ ~'::;"";;__;...~-:::.,':~~n;_:~_"::':::'::':~~;::'::'-:;:;"~:'-'; ._' ' 10 . . .. attempt a tranSaction that results in your total outstandine bal- ance (plus authorizations) exceeding your credit limit. we may II) 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 Aereement. Unauthorized Use of Your Card Please notify us immediately of the loss. theft. or possible unauthorized use of your account at 1-800-789-6701. You Must Notihl Us When You Change Your Address We strive to keep accurate records for your benefit and ours. The post office and 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 Aereemenl." is made in Delaware. and we extend credit to you from Delaware, This Aereement is govemed 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. the remaining provisions 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 Aereement 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 Aereement or any prior Aereement or your account (whether under a statute. in contract. tort. or otherwise and whether for money damages. penalties. or declaratory or equitable relief). includine Claims regarding the applicability of this Arbitration and Litigation section or the validity of the entire Aereement or , _.~M.1?!!.<?!.~!!~nt. 'Nil be r~lved.by.~Jlrbi.t.ri1iQD. The arbitration sh~1 be condiicteabYffie-Niiional Arbltiatloo'-"" 9 Forum rNAF""f,' under the c6Be of Procedure in effea at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office. www.arb-forum.com. or P.O. Box 50191. Minneapolis. Minnesota 55405. telephone HlOO-474-237I. If the ,NAF is unable or unwilline to act as arbitrator. we may substitute another nationally recognized. independent arbi- tration organization that uses a similar code of procedure. At your written .request. we will advance.any arbitration fillne fee. or administrative and hearing fees that you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responSible for payine those fees. In no event will you be required to reimburse us for any arbitration filine. administrative. or hearilli fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. ~y arbitration hearine at which you appear Will take place wlthm the federaliudicial district that includes your billine addre~s at the time the Claim is flied, This arbitration qree- ment IS made pursuant to a transaction involvifli interstate commerce and shall be governed by the Federal Arbitration Act. 9 U.S.C. ~~ 1-16 ("FAA"). Judgment upon any arbitration aw~rd may be entered in any court having jurisdiction. The arbitrator shall follow existine substanti'le law to the extent co~sistent with the r:M 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 con- taining the reasons lor the award. No ~Iaim submitted to arbitration is heard by a jury. and no Claim may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim. This Arbitration and Litigation section applies to all Claims now in existence or that may arise in the luture. This Arbitration and Litieation section shall survive the termination 01 your account with us as well as any voluntary payment of the debt In full by you. -any bankruptcy by you; or sale of the debt by us. For the purposes of this Arbitration and Litigation section. "we" and "us. means MBNA America Bank, N.A.. its parent. subsidiaries. affiliates. licensees. predecessors. successors. assigns. any purchaser of your account. and all of their officers. directors. employees. agents. and assiens or any and all of them. Additionally. "we" or "us" shall mean any third party providing benefits. services. or products in connection with the account (includine but not limited to credit bureaus. mer- chants that accept any credit device Issued under the account rewards or enrollment services. credit Insurance companies. debt collectors. and all of their officers. directors. employees and agents) If. and only iI. such a third party Is named by you as a codefendant In any Claim you assert aeainst us, If any part of this Arbitration and Litigatlo..section is found to be invalid or unenforceable under any law or statut~ consistent with the FAA. the remainder of this Arbitration and Litigation section shall be enforceable without regard to sudl invalidity or unenforceabillty. . THE RESULT OF THIS ARBiTRATION AGREEMENT IS THAT. EXCEPT AS PROVIDED ABOVE. CLAIMS CANNOT BE LITIGATED IN COURT. INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A JURY. AS CLASS ACTIONS. OR AS PRIVATE AlTORNEY GENERAL ACTIONS. :";~.c . .~~. f 10 14915 EXHIBIT IIBII III NATIONAL ARBITRATION FORUM. MBNA America Bank, N.A. c/o Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 702 King Farm Blvd, Two Irvington Centre Rockville, MD 20850-5775 CLAIMANT(s), AWARD RE: MBNA America Bank, N.A. v Ralph T Bailey File Number: FA0409000323207 Claimant File Number: 4264290999988629 Ralph T Bailey 306 Shed Rd NEWVILLE, PA 172418758 RESPONDENT(s). The undersigned Arbitralor in this case FINDS: 1. That no known contlict of interest exists. 2. That on or before 09/02/2004 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 infonnation submitted in this case. 7. That the infonnation and evidence submitted supports the issuance of an Award as stated. Tberefore, tbe Arbitrator ISSUES: An Award in favor of the Claimant, for a lotal amount of$8,594.60. Entered in the State of Pennsylvania Ct--- ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly~ntered~nd the Forum hereby certifies that a ct?PY'~~.i~.~a~ was sent by first class mail posta,ge prePaid to'~ Parties at the above referenced a~~,~,,~.ir_R~~~~ntatives. on :~! l'ltl ~?' '~~~"7i0) "...--y C'\ -4 c.'~-n~ ;;'.'f:::- ~ c- L- ~ ' N -... > ~:"~'-!'..'::..\ ~c-- Honorable Harold Knlina, Ret. DRttor Jared D. Simm('?", Esq. Arbitrator Date: J 2/08/2004 NlJ tl~ ~ ~ ~ ~ "J~ {Q, ~ ~ f! ~ 1- --... 0 !'....> r..;::> 0 c_-~ .-:~ .-=-:; (...,)'1 -n <- :::' .= (,i~ _wI;..... c -- " " ~~~~. 0 -0 8 j-=-':" :',] ,- , .. 1 ~- ~~~~ f-r4 ~.., (..) ..- '._.F .,-J ~n_; <.J1 ~J~ -< .,,) \.0 .-<. SHERIFF'S RETURN, REGULAR CASE NO: 2005,00212 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MBNA AMAERICA BANK NA VS BAILEY RALPH T II ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BAILEY RALPH T II the DEFENDANT , at 1645:00 HOURS, on the 24th day of January ,2005 at 4 WEST MAIN STREET NEWVILLE, PA 17241 by handing to DORTHIA BAILEY, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.88 .00 10.00 .00 36.88 .~%~#-~ R. Thomas Kline 01/25/2005 WOLPOFF & ABRAMSON Sworn and Subscribed to before BY~~;"Pru me this 3"A day of .1".p,',,'''A ,;It'D>) A.D. I C lJt'''- () /1/uP(I/,,) ~ ~r honotary , !U'I 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. 05212 Plaintiff Vs. RALPH T BAILEY II Defendant (s) PRAECIPE FOR JUDGMENT Mr -IMs. Cl erk: Please enter Judgment in favor of Plaintiff and against Defendant(s), RALPH T BAILEY II and for want of ANSWER TO COMPLAINT. ( X ) Amount due $ 8594.60 Interest $ Attorney's Commission $ Filing costs $ TOTAL $ 8594.60, 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 NOW,"", Ju I'-I Id.. I ,2~, Amy F. Doyle 1187062 Daniel F. Wol on #20617 Bruce H. CherklS #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 JUDGMENT IS ENTERED AS ABOVE. DATE: ') -/l, - 6 1) Signature: Pl:l !J. J:'r T Ip IJ. NO T Prothonotary/Clerk, lVl lV1Slon ~~/7~O P.~e~TL-1 Deputy W~!J. FlIP Nn 111?R~1n1 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. 05212 Plaintiff COpy vs. RALPH T BAILEY II Defendant (s) TO: RALPH T BAILEY II 306 SHED RD NEWVILLE PA 17241-8758 DATE OF NOTICE: JI~3ID) 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: IMPNOT/PANOTC W&A FILE NO. 113285303 Amy F. Doy e #87062 Daniel F. Wolf #20617 Bruce H. Cherkis #18837 Philip C. Warho1ic #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 ::WO IRVlmtTOH CENTRE 702 KING FARM BLVD" ROCKVlLLE, MD 2OMo REGIONAL OFFICES 10605 JUDJCIAL DR., BLDG. A-5, FAIRFAX, VA 22030 1108 E. MAIN ST., STE. 1003, RICHMOND, VA 232HI 5122 GREENWICH RD., VIRGINIA BEACH, VA 23462 919 N. MARKET ST.. STE. 1300, WILMrNGTON, DE 1Q8gQ 1954 GREENSPRrNG DR., STE. 400, TIMONJUM, MD 21093 1 VALLEY BANK BLDG. BOX 122e, CLARKSBURG, WV 26302 2625 TOWNSGo\TE RD -'330, WESTLAKE VILlAGE. CA 91361 267 E. MARKET ST., YORK, PA 17403 24360 NOVJ RD., BLDG. 1, NOVI, Mr 48375 300 CANAL VIEW BLVD., ROCHESTER, NY 14823 NATIONAL COLLECTION ATTORNEY NETWORK ~FIlIATEO FIRM LOCATIONS NOT REGIONAL OFFICES OF WOLPOFF & ABRAMSON, LL.~ S1HMINUMAM, ALAtjAMA CABOT, ARKANSAS ANCHORAGE, ALASKA ENGLEwOOO, COlORADO PHOENIX, ARrZOOA FT. LAUDERDALE, FLORIDA 113285303 RALPH T BAILEY 1/ 306 SHED RD NEWVILLE PA 17241-8758 Re: MBNA/VISA vs. RALPH T BAILEY 1/ Docket No. 05212 Dear RALPH T BAILEY 1/ LAW OFFICES W 0 L P 0 F F & A BRA M SON, L. L. p, Attorneys in the Practice of Debt Collection (A Nstic;/MsI Collection Attorney Network Firm) 267 EAsT MARKET STREET FIRST FLOOR YORK, PA 17403.2000 717-848-6203 OUTSIDE YORK METROPOLITAN AREA (TOLL FREE) 1-000-7Sa..0675 FACSIMILE (717) 848-1146 NATIONAL COLLECTION ATTORNEY NETWORK A lIA DFIRMLOC 0 S NOTR GIO AL OFFICES OF WOLPOFF & ABRAMSON. L~ NORCFl05S, G!:OHGIA CLEVELAND, J HONOlULU, HAWAII OKLAHOMA CITY, OKlAHQ BOISE, IDAHO EUGENE, OAEQON MERRILl.VILlE, INDIANA PROVIDENCE, AHooe JSLA CHICAGo, IlLINOIS COLUMBIA, SOUTH CAROU KANSAS crTY, KANSAS KNOXVIlle, TENNESsEE LEXJNGTOO, KENTUCKY HOUSTON, TEXAs METAIRre. LOUISIANA SANDY, UTAH NEEDHAM, MASSACHUSETTs MILWAUKEE, wrsCOOSJN MINNEAPOUS, MINNESOTA RAWLINS, wYOMING ST. Lours, MJSSOURI GREAT FAlLS, MOOTANA OMAHA, NEBRAsKA * The N_1on81 CoI'-c1on LAS VEGAS, NEVADA Attorn.y Nel\worir I._n MANCHESTER, NEW HAMPsHIRE IIffiUatlon of ..PtI..... lliw firml CEDAR KNOLLS, NEW JERSEY , RALEJGH, NORTH CAROlINA W&A Hours of Operation: FARGO, NORTH DAKOTA B a.m. -11 p.m. E.S.T. M-F PLEAsE DIRECT ALL INQUJRIES TO YORK OFACE FEBRUARY J3, 2005 copy L W&A File No. 113285303 ] Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the PennSylvania Rules of Civil Procedure. EnclOsure CC: POSITIVE RETURN Sincerely, Amy F. #87062 Daniel F. Wolfso #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 This is an attempt by a debt Collector to Collect a debt and any information obtained will be Used for that PUrpose. Tl0D/PANOTC 1 (OI/lIA)SI IN THE COURT OF COMMON PLEAS OF CUMBERLAND MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff Vs. RALPH T BAILEY II Defendant Cs) COUNTY, PENNSYLVANIA No. 05212 CIVIL ACTION - LAW 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 DefendantCs) is: RALPH T BAILEY II 306 SHED RD NEWVILLE PA 17241-8758 PCRES/PANOJ W&A FILE NO. 113285303 Amy F. yle #87062 Daniel F. Wolfs #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 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. 05212 Plaintiff vs. CIVIL ACTION - LAW RALPH T BAILEY II 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, RALPH T BAILEY II , above-named, is over 21 years of age; is last known to reside at 306 SHED RD NEWVILLE PA 17241-8758 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. COMMONWEALnJ OJ PENNSYLVANIA Notarial Seal Dina A. Sweitzer, Notal} Public , City. a( York. York County M~~ommlsslOn ExpJres Apr. 16, 2008 Amy . Doyle 118706 Daniel F. Wo fson #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 I / (0 day of ~-Y:.t1 SWORN and SUBSCRIBED to before me this PNMAFF/PANOJ , 20.t:1.L. W&A FILE NO. 113285303 t r.::> il - F - r- ~ ~ )-; ~ ~ --{) K .(Q, ~ 8 ~ ?t ~ ~ ~ ---i:- () ., ::;:l rli :JJ " -orn N ~"~;::-' :.:::'jC'\ ::;.;r;: ::',~ ~_2(:;) ;;? ;"") rn ~:-l :T.i .< () ...., r-- (~ ?-~- .~ 5=i ( ~::; (~ .-- ~ :? ~ N IU:> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD NO. 05212 Plaintiff vs. CIVIL ACTION - LAW RALPH T BAILEY II Defendant (s) NOTICE OF JUDGMENT ( x) Notice is hereby given that a in the above-captioned matter has,~e1~ entered $ 8594.60, plus interest, on J, 'f 1::1. ( x) A copy of all documents filed with the within jUdgment is/are attached. against you in the amount of , 20~. Prothonotary in support of the If you have any questions regarding this Notice, please contact the filing party. Prothonotary Civil Amy oyle 1187062 Daniel F. Wol #20617 Bruce H. Cher is #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: RALPH T BAILEY II 306 SHED RD NEWVILLE PA 17241-8758 STNTC/PANOJ W&A FILE NO. 113285303 (") c: c :::, -( I'--> l:~ "', ~ S ~::::; (') -n :2" rn "".- r" -niT: ::DC) ("-,1 ::-:'1(':'1 :-r::r, (-)._,-, ~>..C) ~:~rn :~:! :xi --<; N ? ~?