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HomeMy WebLinkAbout05-226028651 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. NO. - 655 PAPER MILL ROAD / MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff VS. CIVIL ACTION - LAW PATRICK 7 MCGUGIN 7R 104 AMY DR CARLISLE PA 17013-8810 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 Complain 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 AWY. 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 Is corte. Si used quarere defenses de esas demandas expuestas en las paginas, siguientes, used tiene viente (20) dias de plazo al p rtir de la fecha de lademanda y la notifiation. Used debe presentar una apariencia escrita o en persona o por abogado y archivar en Is corte en forma escrita sus defenses o sus objeciones a last demandas en corta de su persona. Sea avisado ue si used no se defienda, la corte tomara medidas y psedido entrar una orden cont a used sin previo aviso o notificacion y por cualquier queja o alivio qua as pedi o en la peticion de demands. Used puede perder dinero o sus propledades o otros derechos importantes para used. LLEVE ESTA DEMANDA A UN ABODOAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA 0 LLAME POR TELEFLA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA70 PARA AVERIGUAR DONDE SE CONSEGUIR ASSITANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Assn. 32 S. Bedford St. Carlisle PA 17013 800-990-9108 A ^./JZf 1/ CVRNOT/PACCP W&A FILE NO. 124127616 28652 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. NO. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff VS. CIVIL ACTION - LAW PATRICK J MCGUGIN JR . 104 AMY DR CARLISLE PA 17013-8810 , Defendant(s) COMPLAINT Now comes the Plaintiff, MBNA AMERICA BANK, N.A. , by and th attorneys, and the law firm of Wolpoff & Abramson, L.L.P., and files this 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 ant other states of the United States. 2. Defendant, PATRICK J MCGUGIN JR is an adult individual c a last known address of 104 AMY DR CARLISLE PA 17013-8810 COUNTY OF CUMBERLAND 3. It is averred that Defendant(s) was/were issued an open end credit cz 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 sai charge card for the purchase of products, goods and/or for obtaining services. its aint the ,ith 1DSOA1/PACCP W&A FILE NO. 124127616 28653 5. Plaintiff provided Defendant(s) with copies of the Statements of A showing all debits and credits for transactions on the aforementioned credit account to which there was no bona fide objection by Defendant(s). 6. Pursuant to the Agreement concerning this account, the parties agre d that this matter be referred to Arbitration in the event of any claim and/or ispute if the account is referred for collection. See Exhibit "A" as previously ide tified 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 aid 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 $ 8400.57 9. Despite reasonable and repeated demands for payment, Defendant(s) ha /h 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 Plainti f. 10. The amount in controversy the jurisdictional amount requir(ng compulsory arbitration. WHEREFORE, Plaintiff, MBNA AMERICA BANK, N.A. , respectfully re this Honorable Court enter judgment in favor of Plaintiff and against Defend PATRICK J MCGUGIN SR , in the amount of $ 8400.57 plus costs of action and such other relief as the Court deems proper and just. Respectfully submitted, Amy FAlboyf Daniel F. Wolf n x/20617 Bruce H. Cherki /18837 Philip C. Warholic x/86341 David Schertz #81925 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt C 267 East Market St., York, PA 17403 (717) 846-1252 Counsel for Plaintiff (s) , is 1DSOA2/PACCP W&A FILE NO. 124127616 28654 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 said Plaintiff in this action and verify that the statements made in the foreg 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 the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Amy F.`Doyle #87062 Daniel F. Wolfs #20617 Bruce H. Cherkis x/18837 Philip C. Warholic #86341 David Schertz #81925 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Pra ctice of Debt Coll 267 East Market St., York, PA 17403 (717) 846-1252 Counsel for Plaintif f of )ing to action PAVERF/PACCP W&A FILE NO. 124127616 J . `?': Privacy •Idofiee?::`.'-::`'':+ 0' `Accuracy of'lnforrri&i6 tf4 . Credit Renog Aaannu i r .V.=. mq? misfiedto AG R4T( Your Contract With Us Your Credit Card Agreement with us consists of these Additional Terms and Conditions and the document called the Required Federal Disclosures or the initial Disclosure. You agree to the terms and conditions of this Agreement. For the purpose of the Privacy Notice, we will use the definition contained in the third paragraph of the Privacy Notice. For the remainder of the Agreement. we will use the definitions aescfibedunde-r th4 se cdion headin i Words Used often in This Agreement. Privacy Notice Your privacy is important to us: At MBNA, we are committed to providing you with the finest financial products and services backed by consistently top-quali service. And while information about you is fundament to our ability to do this, we fully recognize the importan of keeping personal and account information secure. To offer you the widest range of products and service MBNA may share information about you both within MBNA and outside of MBNA with other companies. This allows us to offer you products and services that may interest you and best meet your needs, whether they are available directly from MBNA or through our relationships with other.companies. We want you to understand our information. safeguards, what inforrnatic we collect, what information 'we share, and the benefits you receive when we shareanformation about you. This notice describes the privacy practices of MBNr Corporation-and all MBNA affiliates, including MBNA America Bank, NA., MBNA AmericaiDelaware), NA., Palladian Travel Services, Inc., MBNA Hallmark Information Services, Inc.. MBNA Marketing Systems. Inc., and MBNA Insurance Agency, Inc. (collectively, -MBNA"), for financial products and services governei 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, eith within MBNA or outside of MBNA with other companie Our Security Procedures: MBNA understands the importance of protecting and securing information an using it appropriately. Access to information about y( is restricted to the people of MBNA who require it to provide products or services to you, We maintain physic electronic, and procedural safeguards that comply wit federal standards for the securfty.of information. When MBNA shares information aboM you with companies outside of MBNA, we require them to - impose safeguards, use it only for a permitted purpos and to return it to us or destroy it?once that purpose i served. We limit the amount of information shared tc what is appropriate to offer a product or service effi- ciently. MBNA requires any company. receiving infor- mation from MBNA to sign a Confidentiality Agreeme containing these requirements and obligating that company to protect the information as we would. Information We Collect: MBNA collects and uses nonpublic personal information about you to co du our business and to consistently deliver the top -qua Customer service you expect from us. Sources o th information include the following: • Information we receive from you on applicatjo s and other forms or through your correspondent or -mmunication'with usincluding through the m il, by telephone, or over the Internet; • Information we receive from third parties, suc as consumer reporting agencies, to verify statemen s you've made to us, or regarding your employme t, credit. or other relationships; and • Information about your transactions with MBr with other companies outside of MBNA. Informadon We Share Within MBNA: We may s: of the information we collect about you with financh ice companies within MBNA to offer additional proc services that may interest you and best meet your n, We believe this is convenient for you and may save ) both time and money. To do so, we share identificai information (such as name and address), transactic experience information (such as purchases and pay credit eligibility information (such as credit reports applications), and other information. The decision chase any such products or services is yours alone. may tell us not to share credit eligibility informatioi you within JABNA. but please understand this does prohibit us from offering you additional products services or from sharing transaction and experienc identification, and other information within MBNf Information We Share With Others: From tit time, we may allow companies outside of MBNA I you their products and services that may interest These products and services may be offered by fir service providers (such as banks, loan brokers, ao aggregators, insurance agents, insurance compan mortgage bankers, and securities broker-dealers), t financial companies (such as retailers, direct marki communications companies. Internet service pro manufacturers, service companies, travel agents, lines, car rental agencies, hotels. airlines, publish and organizations endorsing MBNA financial pro or services), and others (such as nonprofit organiz Subject to applicable law, we may share all the it tion we collect with these companies- outside of unless you tell us not to. Additionally, we may share all the informatior collect with companies that perform marketing r services on our behalf or to other financial instil with which we have joint marketing agreements, are also permitted by law to share information you with other companies in certain circumstar For instance. we may share all of the informatic collect with companies assisting us in servicing loan or accgypt, with companies that endorse c products and'services through affinity agreeme V at for AB wt rc iti W be ce: nv yo ur with government entities in response to subpoenas or regulatory requirements, and with consumer reporting agencies. If you tell us not to share information with companies outside of MBNA that wish to offer you their products and services, as described above, please understand that we will continue to share information in these additional circumstances. Important Information About Your Choice: We're dedicated to serving your needs - and to respecting your choices related to privacy. You may tell us not to share credit eligibility information within MBNA, and you may tell us not to share information with companies outside of MBNA that wish to offer you their products and services as described above. If you wish to opt out of such information sharing, please call toll-free 1-866-751-1255. We will ask you to verify your identity and the specific accounts to which the opt out applies, so please have all your account, membership, or reference numbers and your Social Security number or Taxpayer identification number for deposit accounts available when you call. MBNA applies opt outs at the account level, not by individual Customer. When any person. listed with others on an account opts out Ifor example, a co-applicant, joint account' holder, or authorized user), we will list the entire account as having opted out. MBNA will continue to adhere to its disclosed privacy. practices for an. account even if it becomes inactive or is closed. An opt out from information sharing on an account as described above, either within MBNA and/or with companies outside of MBNA, remains effective unless revoked in writing. Federal regulations require us to provide this notice on an annual basis; whether or not an account has previously opted out from either type of information sharing. Please remember when you receive our subsequent notices that an account previously opted out from either or both types of information sharing land 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.concerning the Intemet, and to view the most recent version of this privacy notice, please go to www.mbna.mm and click on "Privacy Notice." You may have other privacy pro- tections under state laws. We may amend this privacy notice at any time, and we will inform you of changes as required by law. Words Used Often in This Agreement -Agreement" or 'Credit Card Agreement- means these Additional Terms and Conditions and the Required Federal Disclosures for the initial Disclosurej and any changes we make to those documents from time to time. "You" and 'your" mean each and all of the persons who are granted. accept or use an account w2 -hold. "You and "your" also mean any othet'p'erson who has guaranteed payment of this account, when used in the sections entitled, W May Monitor and Record Telephone Calls, and Arbitration and tigati and when used in each of the sections relating to p yme this account (Your Promise to Pay, and How We Allocate our Payments, for example). "We,"'us,"."our" and -MBNA America" mean MB N A America Bank, NA. "Card" means all the credit cards we issue to you and any other person with authorization for use on this coot pursuant to this Agreement. 'Access check' means an access check we provide to Y. make a Check Cash Advance on your account. If we use a capitalized term In this document but we d define the term in this document, the term has the can given in the Required Federal Disclosures or the Ini ial Disclosure, or as used in your monthly statement. We use section headings (such as, Words Used Often 11 1 This Ayrument) to organize this Agreement. The actual term s of ti Agreement are in the sentences that follow and not the heac Sign Your Card You should sign your card before you use it. We May Monitor and Record Tele ho e G You consent to and authorize MBNA America, an of it affiliates, or its marketing associates to monitor an or re any of your telephone conversations with our repre entat or the representatives of any of those companies. Credit Reporting Agencies You authorize MBNA America to collect informatio aboi you, including credit reports from consumer reporting igen, If you believe we have furnished inaccurate or in mph information about you or your account to a credit r portii agency, write us at: MBNA. Credit Reporting Agencie s, P.C Box 17054, Wilmington, DE 19884-7054. Please incl de y< name. address. home phone number, and account umbe and explain what you believe is inaccurate or incom plete. How to Use Your Account You may obtain credit in the form of Purchases a d Ca: Advances by using cards, access checks, your accou t num or other credit devices. Please refer to your Requite d Fed, Disclosures or initial Disclosure to determine what tr nsaeti constitute Purchases and Cash Advances and how y ou ma obtain them. Transaction Date for Certain Cash vans The transaction date for Check Cash Advances a r d Bala Transfers done by check is the date you or the perso n to whom the check is made payable first deposits or ca shes I check. The transaction date for a returned payment la Bat Cash Advance) is the date that the corresponding p ymen posted to your account. Purposes for Using Your Account You may use your account for personal, family, or ousel purposes. You may not use your account for busine ss or commercial purposes. You may not use a Check Cas h Advance, or any other Cash Advance, to make a pay ment i this or any other credit account with us. You may no t use t permit your accvAnt to be used to make any illegal [ ansac 4 Persons Using Your Account It you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you may be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of thisaccount'may have the same access to information about the account and its users as the ,account holders. How You May Stop Payment j on an Access Check ! You may request a stop payment on an access check by f providing us with the access check number, dollar amount, and I payee exactly as they appear on the access check Orel and written stop.payment requests on an access check are effective j- for six months from the day that we place the stop payment. You May Not Postdate an Access Chech You may not issue a postdated access check on your account. If you do postdate an access check, we may elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case waiting for the date shown on the access check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. Your Promise to Pay You promise to pay us the amounts of all credit you obtain, which inclades all Purchases and Cash Advances. You also promise to pay us all the amounts of finance charges, fees, and any other transactions we charge against your account. Payments on Your Account You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by your Payment Due Date. You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. Payment of your Total Minimum Payment Due may not avoid the assessment of Overlimit Fees. When Your Payment Will Be Credited to Your Account We credit payments as of the date received, if.ihe payment is; (1) received by 2 p.m. (Eastern Time); 12) received at the address shown in the upper left-hand corner of the front of your monthly statement; (3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (a) sent in the return envelope with only the top portion of your statement accompanying it. Payments received after 2 p.m. on any day including the Payment Due Date, but that otherwise meet the above requirements. will be credited as of the next day. Credit for any other payments maybe delayed up to five days. How We Allocate Your Payments We will allocate yourpayments in the manner we determine. In most instances, we will allocate your payments to lance (including new transactions) with lower APRs before b lance with higher APRs. This will result in new balances with a lower APR le.g., those with promotional APR offers) be ng paid before any other existing balances. Promise to Pay Applies to All Persons . All persons who initially or subsequently request, a ept. guarantee or use the accouk ere individually and toge her responsible for any total outstanding balance. We ma refus to release from liability any person who is responsible o pal any total outstanding balance, until all of the cards, ac ess checks, and other credit devices outstanding undei the account have been returned to us, and any such perso or persons repays us the total outstanding balance owed o us at any time under the terms of this Agreement. Default You will be in default of this Agreement if: (1) you fail o make any required Total Minimum Payment Due by its P ymer Due Date: (2) your total outstanding balance exceeds-yo it credit limit: or (3) you fail to abide by any other term of t is Agreement. Solely for the purposes of determining eligib ility and premium payment obligations for the optional credi insu ante purchased through MBNA, you will be deemed.in d fault or delinquent if you fail to make a payment within 90 da of your Payment Due Date. Our failure to exercise any of o r rights when you default does not mean that we are unab a to exercise those rights upon later default. When We May Require Immediate P.a mef If you are in default we can require immediate paym ent of your total outstanding balance and, unless prohibit by applicable law and except as otherwise provided uncle the Arbitration and Litigation section of this Agreement, we ca n also require you to pay the costs we incur in any mtle ion proceeding, as well as reasonable attorneys' fees if we refer your account for collection to an attorney who is not o ur salaried employee. Other Payment Terms We can accept late payments, partial payments, or p ymei with any restrictive writing without losing any of our rig hts under this Agreement. This means that no payment, i cludi those marked with 'Paid in full' or with any other restri ctive words, shall operate as an accord and satisfaction with ut t prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you d po: date a payment check, we may elect to honor it upon Terse ment or return it uncredited to the person thatpresen ed It without in either use waiting for the date shown on t e check. We are not liable to you for any loss or expens e* incurred by you arising out of the action we.elect tot e. Payment Holidays We may allow you, from time to time, to omit a me thiy payment. We will notify you when this option is avail ble. If you omit a payment. finance charges and any appli ble fees will accrue on your account in accordance with t is Agreement. You must resume making your Total Mini um Payment Due each month following a payment holida . Transactions Made in Foreign Curre cit If you make.a.transection in a foreign currency, the ran: tion will be converted by visa International or Master and International, depending on which card you use, into U.: 6 .r dollar amount in accordance with the operating regulations or. conversion procedures in effect at the time that the transaction is processed. Currently, those regulations and procedures provide that the currency conversion rate to be used is either (I I a wholesale market rate or 12) a government-mandated rate in effect one day prior to the processing date, increased by one percent in each case. Visa or MasterCard retains this one percent as compensation for performing the currency conversion serv- -f[E Tite-currerrey conveision ratr iih-effect on the processing date may differ from the rate in effect on the transaction date or the posting date. Billing Cycle Your billing cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the day after the Closing Date of the previous, billing cycle. Each statement reflects a single billing cycle. Account Fees'ti'W Charges Account Fees: The following fees, which are set forth on your Required Federal Disclosures or Initial Disclosure, are charged as Purchases in the billing cycle in.which the fees accrue: (I)a late Fee if the Total Minimum Payment Due shown on your monthly statement is not received by us on or before its Payment Due Dates (7) an Overlimit Fee if your New Balance Total exceeds your oedit limit on the last day of abilling cycle, even if fees or 1 finance charges. charged byes cause your New Balance Total to exceed your credit limit: an overlimit Fee is charged to your account as of the day in the billing cycle that your total out- standing balance on youcaccount exceeds your Credit limit: (3) a Returned Payinent Fee'if a payment on your account is returned for insufficient-funds or for any other reason, even if i it is paid upon subsequent presentment; (4) a Returned Cash Advance Check Fee if we return an access E check unpaid for any reason, even if the access check is paid upon subsequent presentment; (5) a Copy Fee for each copy of a monthly statement or sales draft. except that the six most recent monthly statements and I six sales drafts will be provided for free: and (6) an Annual Fee if your account is open or if you maintain an account balance. whether.you have active charging privileges or not. Abandoned Property Charges: Unless prohibited by applicable law, we will charge your account, as a Purchase, for any costs incurred by us associated with complying with state abandoned property laws. Please review your Required Federal Disclosures or Initial 1 Disclosure for additional fees and charges that may apply to j your account. i Benefits we may offer you certain benefits and services with your account. Unless expressly made a part of this Agreement, any such benefits or services are not a part of this Agreement. but I are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of MBNA America. we may adjust. add. or delete benefits and services at anytime and without notice to you. Refusal to Honor Your Account We are not liable (otany refusal to honor your account. This can include a refusal to honor your Card or account number or any check written on your account. we are not liable for any retention of your card by us, any other bank, or.a y provider of goods or services. We May Suspend or Close Your Acco ni we may suspend or close your account or otherwi a to nate your right to use your account. We may do this at at time and for any reason. Your obligations under this Agreement continue evenafter we have done this. y ou n destroy all cards. access checks or other credit device s or account when we request. You May Close Your Account you may close your account by notifying us in wri ing r telephone, and destroying all cards, access checks o oth, credit devices on the account. Your obligations unde r thi: Agreement continue even after you have done this. Transactions A er.Your Account is lo: When your account is closed, you must contact any one authorized to charge transactions to your account, suc h as internet service providers, health clubs of insurance c mpa These transactions may continue to be charged toy yo ur account until you change the billing. Also. if we bel eve : have authorized a transaction or are attempting to se yc account after you have requested to close the accou nt, w may allow the transaction to be charged to your acc unt. We May Amend This Agreement this Agreement at any time. We we may amend ay . amend it by adding, deleting. or changing provision of t Agreement. When we amend this Agreement we wi I con with the applicable notice requirements of federal nd Delaware law that are in effect at that time. if an a end' gives you the opportunity to reject the change, and i you the change in the manner provided in such amendm nt. v may terminate your right to receive credit and may ask y- return all credit devices as a condition of your reje ion. amended Agreement (including any higher rate or her 1 charges or fees) will apply to the total outstanding afar including the balance existing before the amendment ecan effective. We may replace your Card with another card at any We May Sell Your Account We may at any time, and without notice to you, ell, a or transfer your account, any sums due on your ac ount, Agreement, or our rights or obligations under your acco? this Agreement to any person or entity. The perso or e to whom we make any such sale, assignment or tr nsfer be entitled to all of our rights and/or obligations u nder Agreement, to the extent sold, assigned or transfe red. Your Credit Limit Your credit limit is disclosed to you when you r cem card and, generally, on each monthly statement. We mi change your credit limit from time to time. The amount shown on your monthly statement as C: Credit Available does not take into account any P rcha. Cash Advances, finance charges, fees. any other t nsae or credits which post to your account after the Clo sing of that monthly statement. Such transactions co uld re your credit limit being exceeded and result in the asses of Overlimit Fees. 8 What We May Do if You Attempt to Claims regarding the applicability, of this Arbitrations f th i d d e ent ity o re Agreem Litigation Section or the vali nt or Exceed Your Credit Limit any prior Agreement, shall be resolved by binding arb ratic The total outstanding balance on your account plus The arbitration shall be conducted by the National itrati authorizations at any time must not be more than your credit Forum ("NA!"). under the Code of Procedure in effect at he th limit. if you attempt a transaction which results in your total the Claim is filed. Rules and fors of the National Arbit a tion outstanding balance (plus authorizations) exceeding your Forum may be obtained and Claims may be lied at any atioi we may: (1) permit the transaction without raising -A[hilta[IPJLfolum rZffjce :www orb-fomm:com, or P.O. Bo credit limit 5015 , --your-crediNimit;l2)-permit-thettansaction and treat the Minneapolis. Minnesota 55405, telephone 1400-47443 11f amount of the transaction that is more than the credit limit NAF is unable or unwilling to act as arbitrator, we m sub as immediately due: or (3) refuse to permit the transaction. stitute another nationally recognized, independent arm itrati If we refuse to permit the transaction, we may advise the organization.that uses a similar code of procedure. A we will advance any arbitration filing written request your ee , person who attempted the transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance administrative and hearing fees which you are require , d to we may do so by advising the person presenting the pay to pursue a Claim in arbitration. The arbitrator w Transfer If , Check Cash Advance or Balance Transfer that credit has been decide who will be ultimately responsible for paying t In no event will you be required to reimburse u fees hose for a . refused, that there are insufficient funds to pay the Check Cash Advance or Balance Transfer. or in any other manner. arbitration filing. administrative or hearing fees in an moL greater than what your court costs would have been t If we have previously permitted you to exceed your credit limit. Claim had been resolved in a state court with jurisdi the ion. it does not mean that we will permit you to exceed your credit Any arbitration hearing at which you appear-will take lace limit again. If we decide to permit you to exceed your credit limit, within the federal judicial district that includes your I filing we may charge an Overlimit Fee as provided in this Agreement. address at the time the Claim is filed. This arbitratio agrt unauthorized Use of Your Card ment is made pursuant to a transaction involving.ini rstacu Please notify us immediately of the loss, theft. or possible commerce and shall be governed by the Federal Arbil Act, 9 U.S.C. §§ 1-16 (-FAA'). judgment upon any, arb atior tratic unauthorized.Use of your account at 1-800.421-2110. award may be entered in any court having juriscifction. The Must Notify Us When You arbitrator shall follow existing substantive law.to the Y ent ou consistent with the FAA and applicable statutes of limi ation Change Yonr AddreSS and shall honor any claims or privilege recognized by I w. dl we strive to keep accurate records for your benefit and ours. party requests. the arbitrator shall write an opinion co tainir The post office arLd others may notify us of a change to your the reasons for the award, address. When you change your address, you must notify us No Claim submitted to arbitration is heard by a lu anc promptly of your new address, no Claim may be brought as a class action or as a pri vate attorney general. You do not have the right to act as a cla: What Law Applies representative or participate as a member of a class o f This Agreement is made in Delaware and we extend credit claimants with respect to any Claim. This Arbitration and to you from Delaware. This Agreement is governed by the Litigation Section applies to all Claims now in existe ice o laws of the State of Delaware twithout regard to its conflict of that may arise in the future. laws principles) and by any applicable federal laws. This Arbitration and Litigation Section shall surviv e the This termination of your account with us as well as any v The Provisions of Agreement payment of the debt in full by you, any bankruptcy 6 junta you are Severable sale of the debt by us. If any provision-or this Agreement is found to be invalid. For the purposes of this Arbitration and Litigation " Sect! means MBNA America Bank, N.A.. its p the remaining provisions will continue to be effective. 'we' and `us arent subsidiaries, affiliates. licensees, predecessors. Succe ssor! Our Rights Continue assigns. and any purchaser of your account„and all fthei our failure or delay' in exercising any of our rights under officers, directors. employees, agents and assigns or 'we' or "us' shall mean an all of them Additionally any a thin . . this Agreement does not mean that we are unable to exercise party providing benefits, services, or products in con ectic those rights later. with the account (including but not limited to credit burei Arbitration and Litigation •merchants that accept any credit device issuedunde r the This Arbitration and Litigation provision applies to you account, rewards or enrollment services, credit* insur ance unless you were given the opportunity to reject the Arbitration companies. debt collectors and all of their officers, and only if, such a third p employees and agents) if irect( arty 1< , and Litigation provisions and you did so reject them in the manner and timeframe required. If you did reject effectively named by you as a co-defendant in any Claim you as sert such a provision, you agreed that any litigation brought by you against us. against us regarding this account or this Agreement shall be if any part of this Arbitration and Litigation Sectio n is brought in a court located in the State of Delaware. found to be invalid or unenforceable under any law or sta Any claimor dispute ('Claim'] by either you or us against consistent with the FAA, the remainder of this Arbit Litigation Section shall be enforceable without rega ation d to the other, or against the employees, agents or assigns of the arising from or relating in any way to this Agreement or invalidity or unenforceability. other , any prior Agreement or your account (whether under a THE RES1.167-OF THIS ARBITRATION AGREEMEN IS T statute. in contract tort, or otherwise and whether for money EXCEPT AS PROVIDED ABOVE,-CLAIMS CAN NOT B LIT damages. penaltiesordeclaratory or equitable relief), including GATED IN COURT. INCLUDING SOME CLAIMS THA COL 0 10 III NATIONAL ARBITRATION FORL M® Patrick J Mcgugin 104 Amy Dr CARLISLE, PA 170138810 MBNA America Bank, N.A. c/o Wolpoff & Abramson, L.L.P. Ronald M. Abramson, Esq. Attorneys in the Practice of Debt Collection 702 King Farm Blvd. Two Irvington Centre Rockville, MD 20850-5775 RE: MBNA America Bank, N.A. v Patrick J Mcgugin File Number: FA0408000316349 Claimant Reference Number: 0124127616 Dear Parties: Enclosed and served upon you by United States Mail is a copy of the Award, entered in this matter. This case is now closed with the National Arbitration Forum. All future case should be directed to the opposing Party. Sincerely, Laura Johnson Case Coordinator Enclosure 13, 2004 has been regarding this The Forum P.O. Box 50191 Minneapolis USA 554055-0191 www.arbilralion4urum.cw 877 665 7765 651.631.3700 Fm 651 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 Patrick S Mcgugin File Number: FA0408000316349 Claimant File Number: 5490995409001622 Patrick 3 Mcgugin 104 Amy Dr CARLISLE, PA 170138810 RESPONDENT(S). The undersigned Arbitrator in this case FINDS I. That no known conflict of interest exists. 2. That on or before 08/19/2004 the Parties entered into an agreement providing that this matters all 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 accord nee with Rule 6. 4. That the matter has proceeded in accord with the applicable Forum Code of Procedure. 5. The Parties have had the opportunity to present all evidence and information to the Arbitrator. 6. That the Arbitrator has reviewed all evidence and information submitted in this case. 7. That the information and evidence submitted supports the issuance of an Award as stated. Therefore, the Arbitrator ISSUES: An Award in favor of the Claimant, for a total amount of $8,400.57. Entered in the State of Pennsylvania ACKNOWLEDGEMENT AND C RTIFICATE OF SERVICE This Award was duly entered and th Forum hereby certifies that a co ohi?7v as sent by first Mark A. Welge, class mail post e p ald to Pa ies at the above Arbitrator referenced addre r entatives, on Date: 12/13/2004 C- Honorable 131iah "F Director C1 r-.?i C7 1 T. 77 w 'n y ra `? IA? Curtis R. Long Prothonotary office of the Vrotbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 05 - =.0 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573