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HomeMy WebLinkAbout06-6177 \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MBNA, No. Df... - ~ l '17 C,u ~ L <-r6L~ Plaintiff, vs. COMPLAINT NEIL PRAGER, Defendant. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA LD. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR No. 05255875 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MBNA Plaintiff vs. Civil Action No. NEIL PRAGER Defendant COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND 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 twenty (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 in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other 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 LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON ON AGENICES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, Pa 17013 (717) 249-3166 WWR No. 05255875 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MBNA, No. tN., - (, 177 Cu..:A T~ Plaintiff, Ys. NEIL PRAGER, Defendant. COMPLAINT 1. Plaintiff, MBNA, is a corporation located in Wilmington, Delaware. 2. Defendant is an adult individual with a last known address of 418 Boxwood Ct , Mechanicsburg,Pa 17050. 3. Defendant entered into a Cardmember Agreement for a credit card bearing the account number 5329033999834462. A true and correct copy ofthe Cardmember Agreement is attached hereto, marked as Exhibit "1" and made a part hereof. 4. This account was subsequently assigned to Plaintiff for value. 5. The Cardholder Agreement contains a provision to settle by arbitration any claim, dispute or controversy arising from or relating in any way to the Cardholder Agreement. WWR No. 05255875 6. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of August 28, 2006, in the amount of $26,307.79. 7. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 8. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 6.0% per annum on the unpaid balance. 9. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Neil Prager individually, in the amount of $26,307.79 with continuing finance charges thereon at the rate of 6.0% per annum from August 28, 2006 plus costs; or in the alternative, an order directing the parties to arbitrate this dispute pursuant to the terms contained in the Cardholder Agreement. Respectfully Submitted: By: tJ William T. Molczan, PA J.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR No. 05255875 rH^ nu, jU~ qOO UqjO lL Credit Card A~ue"'tllt ~ t' . Ut..ll j -r.?I:.t'-IO..tVU.3 I VI:. I~' v, rn ;:)HLI:.;) fIHl'lHl.1!:.ru:.ru 'r~' . -;-to . : -"'''';. J""- .- EYf - SEP 16 2003 12: 07 I - I ! I General In this Credit Card Agreement, the words .you" and :your" refer to each and all of the persons who accept a credit card issued by us or under an account we hold. This Credit Card Aeree~tAthe . Agreemenr) consists of this document and the terms and conditions set forth in the Required Federal Disclosures section of the accompanying card carrier. which is incorporated herein and made a part hereof. The words. .we," .us: "our" and "MBNA America" mean MBNA America Bank. N.A. When you accept or use the account. you agree to the terms in this Agreement. You should sign your card before you use it. You consent to and authorize MBNA America, any of its affiliates. or its marketing associates to monitor and/or record any of your telephone conversations with our repre. sentatives or the representatives of any of those companies. All capitalized terms not defined herein shall have the meaning as defined in the Required Federal Disclosures section of your card carrier. !!!formation Gathering and Sharing From time to time. we may obtain updated informa- tion about you including, for example, credit informa- tion. We may share information about you with credit reporting agencies and others. including merchants, and among companies affiliated with us. You may request that Information about you not be shared among our affiliates. other than Information pertaining solely to transactions or experiences between you and'us (or an MBNA America affiliate), by writing us at MBNA, Affiliate Information Sharing. P.O. Box 15342. Wilmington. DE I 985()..5342. Please include your name, address, home phone nUMber and all MBNA America account numbers. If you believe that inaccurate or incomplete information about you or your account has been shared by uS with a credit reporting agency. write to us at: MBNA. Credit Reportine Agencies, P.O. Box 17054. Wilmington, DE 19884-7054. Please include your name. address. home phone number, and account number. Clnd explain which information you believe is inaccurate or incomplete, P~GE.02 -, .... _" - ._0 ;)t:r-IO-I::UUJ IUI:. II::' UO f11 .:>nLCO> I IOI,nUCIll:.ll I rn^ llU. JUI:: 'f00 U'fJO r. Uj/ Jj .:". , .1 ".,; .. - i 1. I . . SSP 16 2003 12:08 . t. . How TO Use Yolfr A((()IC~I. You may use your credit card to purchase or lease goods or serviceS from persons who honor the card. You may also use your card to obtain Cash Advances. You , may not use a Check Cash Advance. or any other Cash Advance. to make a payment on this or any other credjt account with us. You may not use your account for busi- ness or commercial purposes. . . .{, . Certain establishments "nla-y 'cash your persona I checks upon presentment of your card. In the event we are required to pay the amount of a check cashed in this way because the check is not paid lor any reason. we will charge your account for a Cash Advance in the amount of the check and any processing charge we actually inOJr. If you permit any person to have access to your c;jrd or account number with the authorization to make a charge. you may be liable for all charges made by that person including charges fOT which you may not have intended to be liable. The transaction date for Check Cash Advances and .Balance Transfers is the date you or the person to whom the check is made payable first d.eposits or cashes' the ched. The transaction date for a returned payment (8. Bank cash Advance) is the date that the corresponding payment posted to your account. You may request a stop payment on Check Cash Advances by providing us with the check )'lumber. dollar amount. and payee exactly as they appear on the Check Cash Advance. Oral and written stop payment requests on Check Cash Advances are effective for six months from the day that we place the stop payment on your account. You may not use a.postdated Checlc Cash Advance to obtain credit under your account. If you do postdate a Check Cash Advance, we may elect to honor it upon pre- sentment or return It unpaid to the partY which presented it to us for payment, without in either case awaiting the date shown on the Check Cash Advance. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. ~yment You promise to pay us the amounts of all credit you obtain: this in~)udes all purchases. cash advances, fees. 2 PFlGE.133 ScP-lo-~UUj IUt 1~:Uij rn ~HLt~ nHNHutntnl tH^ NU. jU~ q~tl Uqjtl r. U'I/lj .: . ~ ' SEP 16 2003 12=08 . i charges. and if'lst:lf8nce P...ll'IiulIl:>j.wt a~se:l:l dl(d'II~\ your account and Finance Charges. You may pay the entire amount outstanding at any mne. You must pay each month at least the minimum payment shown on your monthly statement. .If you over- payor if a credit balance Is othelWlse created in your account. we will not pay interest on such amounts. Your payment will be allocated In a manner we determine. In most instances. we will aBd'cate your payments to balances (including new transactions) with lower APRs before balances with higher APRs. This will result in new bal- ances with a lower rate of interest being paid before any other existing balances. All pc:yments will be credited to your account for the billing cycle in which each payment is received; however. your available credit may not be Increased by the amount of the payment until your funds have cleared. Minimum monthly payments can- not be made In advance and payments made in any billing cycle which are greater than the minimum pay~ ment due wi!} not affect your obligation to make subse- quent minimum payments each month. We can reject payments not denominated in u.s. dollars or not drawn on a U.S. Bank. No payment shall operate as an accord and satisfaction Without the prior written approval of a senior officer of MBNA America. All persons who initially or subsequently request. accept or use the account are individually and together responsible for any outstanding balance. If two or more persons are responsible to pay any outstanding balance. we may refuse to release any of them from liability until all of the unexpired cards outstanding under the account have been returned to US and the balance is paid in full. Reasons for Requiring Immediate Payment . You will be in default and we can require immediate payment of aU amounts you owe if: (I) you fail to make any required payment by the Payment Due Date: (2) your New Balance Total exceeds your credit Umit. or if we have established a separate Cash Advance credit Jimit for you. your outstanding Cash Advance balance exceeds your Cash Advance credit limit: 'or 13) you tail to abide by any other terms of this Agreement. If you default. unless prohibited by applicable lay.'. we 3 PAGE. 04 ::>I:.t'-l o-~uu.J I ur. U:.' uo r II .>nLL:tJ IIn.,n\l&;.II&;.111 1 nn nu. ~V'- "iN U"i~U I, V..JI!~ . ~ . . " \0 I' . I SEP 16 20E13 12: ElS ,. can also require you to pay the collection and court costs we incur in any collection proceeding. and a rec' sonable attorney's fee if we reler your account for collec, tion to an attomey who is not our salaried employee. Our failure to exercise any 01 our rights when you delault does not mean that we are unable to exercise those rights upon later de~~ult. {~~: .' Payment Holidays We may allow you. from time to time. to omit a monthly payment. We will notify you when this option is available. If you omit a payment, Finance Charges and credit insurance premiums, if any. will accrue on your balance in accordance with this Agreement. The requirement that you make a minimum payment each month will resume following your payment holiday. Charges Made In Foreign Currendes If you incur a charge in a foreign currency. the charge will be converted by Visa International or MasterCard International. depending on which card you use, Into a us. dollar amount in accordance with the operatine regulations or conversion procedures in effect at the time that the transaction is processed. Currently..those regulations and procedures provide that the currency conversioT! rate to be used is either ( I ) a wholesale market rate or (2) a govemment.mandated rate in effect one day prior to the processing 9ate. increased by one percent in eCJch case, Visa or MasterCard retains this one percenT as compensation for performing the curren- cy conversion service. The currency conversion rate In effect on the processing date may differ from the rate in effect on the transaction date or the posting date. Billing Cyde A billing cycle begins on the day after the closing date shown on your account's preceding monthly statement a nd ends on the dosing date that appears on your account's statement f01 the current month. Account Fees and Charges Account Fees: The following fees. which are set forth on your card carrier. are assessed as Purchases In the billing cycle in which such charges accrue: (I) a Lat~ Fee, 12} if your account is overlimit leven if lees or 4 PI=IGE. ElS ~t.t'-l O-l.uu,J I ur. 11:.' UU I II O)r\1.LoJ 110110"1..111..111 Illn I,Va ~v'- ..,""V U..,....V j I VVI Iv ::: . ~ It ~ . ,t , . I 1 i -I I j. r;II.!lIlCI!. C1181ge~ a,.,3~3sed 1:.1 ua ,-oo..:.\:; JUUI N\:;~ BClldlll.t: Total (0 exceed your credit limit) on the last day of c billing cycle. an Overlimit Fee is charged to your account as of the day in the billing cycle that your account went , over the credit limit; 13j a Returned Payment Fee if a pay- ment on your account Is returned for Insufficient funds or for- any other reason. even if it is paid upon subsequent presentment: (4) a Returned,CheckFee jf we return a Check Cash Advance unpal/fCrf any reason. even if the Check Cash Advance is paid upon subsequent present- ment: (5) if your account is open or if you maintain an account balance. whether you have active charging privi- leges or not. an Annual Fee. Abandoned Property Cbarges: 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. Additional Account Fees and Char~es: Please review the Required Federal Disclosures section of your card carrier for additional fees and charges that may apply to your account. ~ ,-' I I, Benefits You will be offered certain benefits which will be sub- ject to the restrictions outlined in the benefits brochure provided to you by MBNA America. MBNA America reserves the right to adjust. add. or delete benefits and services at any time and without notice. ~efusal to Honor Your Card We are not liable for any refusal to honor your card or any Cash Advance or for any retention of your card by us. any other bank. or any seller or lessor of goods or services. Termination We may suspend or terminate your right to obtain credit at any time tor any reason. Your obligations under this Agreement continue even after your right to obtain credit has been suspended or terminated. You must return all credit cards to us on request. Amendments We may amend this Agreement at any time by adding. 5 PAGE. e6 SEP 16 2l2I03 12: 09 .:)tP-ll:h:~UUj I UI:. I ~ ; U:j rn ;,)ttLl:.;" IIt1/'IHur.Ilr.IH rl'1^ I1U. ..IV'" 'i:JU V'I,)U I. VIII,} ". ~ I . . f; . -\ i r I I I j ! I I I I ! i i I i , SEP 15 2083 12: B'3 applicable notification requirements of federal law and the laws of the State of Delaware. If an amendment gives you the opportunity to reject the change. and if you reject the 'change in' the manner provided in such amendment. we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejec- tion The amended Agreement (induding any higher rate I or other higher charges or f.ets}-will apply to the entire unpaid balance, including the balance existing before the amendment became effective. We may replace your credit card with another card at any time. Assignment We may at any time. and without notice to you. assign your account. any sums due on your aCCount. this Agreement or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such assignment shall be entitled to all of our rights and/or obligations under this Agreement, to the extent assigned. Credit Limit Your credit limit is shown on your card carrier and gen- erally on each monthly statement. We may change your credit limit or limits from time to time, and we will notify you if we do. The total amount of credit outstanding at any lime must not be more than your credit limit. We may also establish a separate credit limit for Cash Advances. If we do, your outstanding Cash Advance balance may not exceed this Cash Advance limit. Request for Credit Over Your Credit Limits If you request credit in any form which. if granted. would result in either your total outstanding balance or your Cash Advance balance. Including authorized transac- tions not yet posted to your account, being more than your credit limit or your Cash Advance credit limit, if we have established one tor you, (whether or not such bal. ances before the request were more than the respective credit limit), we may: (I) honor the request without per- manently raising your credit limitj (2) honor the request and treat the amount which is more than your credit limit 6 PAGE.la7 SEP-16-;WUJ TUt I ~: Ul:l rn ~ALt~ nANHlzt.ntN I rH^ nu. JUl ~oo UqJO r. VOl I J .. ~ . . .. . We may advise the person who made the request that it has been refused. If we refuse to honor a Check Cash Advance or Balance TTansrer. 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 hOT~or~d' requests for credit over your credit limit. it does not mean that we will honor runher overlimit requests. If we decide to honor such a request. we may assess an OVerlimlt 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 1-8()o" 789-670). Governing lAw This Agreement is made in Delaware. It is governed by the laws of the State of Delaware. without regard to its connict of laws principles. and by any applicable federal laws. If any part of this Agreement Is found to be invalid. the rest remains effective. Our failure or delay in exer- cising any of our rights under this Agreement does not mean that we are unable to exerdse those rights later. Litigation The Arbitration provisions below apply to you unless you were given the opportunity to reject the Arbitration provisions and you did so reject them; in which case. you agree that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Arbitration: Any claim or dispute ("Claim") by either you or us against the other, or aeainst the employees. agents or assigns of the other. arising from or relating in any way to this Agreement or any prior Agreement or your account (whether under a statute. in contraa. tort. or otherwise and whether for money damages. penalties or declaratory or eqUitable relief). including Claims regarding the applicability of this Arbltration,Section or the validity of the entire 7 SEP 16 2003 12:09 PAGE. 08 . . SEP-16-~UUj -rut:. Ii!: UH l'n ::SALt.::S l1ANAtit.ntN 1 rHh NU. JU' qOU UqjU r. U~/IJ ",t". . .' binding arbitration. The arbitration shall be conducted by the National Arbitration Forum rNAn. under the Code of Procedure in , effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office. yNW.arb-rorum com. oJ P.O. 'Box 50]91. Minneapolis. Minnesota 55"49'. telephone 1-800-474-2371. If the NAF is unable or unwilllng to act as arbitrator. we may substitute another nationally recognized. indepen~ dent arbitration organization that uses a similar code of procedure. At your written req\lest. we will advance any arbitration filing fee. administrative and hearing fees which you are required to pay to pursue a Claim in arbi- tration. The arbitrator will decide who will be ultimately responsible for paying those fees. In no event will you be required to reimburse us for any ,arbitration filing. administrative or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear wilt take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitra- tion agreement'is made pursuantto a transaction -involv- ing interstate:commerce. and shall be governed' by the Federa'A1bi~ration Ad. 9 u.s.c. 99 1-16 rFM~). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shaD follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any partY _ requests. the arbitrator shall write an opinion containing the reasons for: the award. No CJaim 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 panldpate.as a member of a class of claimants with respect to any Claim. This Arbitration Section applies to all Claims now' in existence or that may arise in-the future. This Arbitration Section shan sUNive the termination of your account-with us as well as any voluntary pay- ment of the deb~ in full by you. any bankruptcy by you ~ . . 8 PAGE. 09 Q::P 1~ /Ill~ 12: H' ...\. '-. .~tr-l0-'UU~ IU~ I ~ . 1 U r II "nl.t." 11"11"111:.111:''' I I nJ\ nu. oJUr.. '''IV v., oJU I. IVI loJ -;'r :' . SEP 16 2003 12:10 \ \ \ , 1 !. . i t , \ ; _ or sale of the debt by us. For the purposes of this Arbitration Section, "WeM and MUSM me~ns MBNA America Bank. N.^.. its parent. s\Jb- sidianes. affiliates. licensees. predecessorS. successors. assigns, and any purchaser of your account. and all of their officers. directors, employees. agents and assigns or any and all of them. Additionan~'. "We" Of "us. shaH mean anY third pam providing benefits, seM(!es/or products in connection with the accounllincludine but not limited 10 credit bureaus. merchants that accept any credit device issued under the account, rewards or enrollment seJ'\'ices. credit insurance companies. debt conectorS . and all of their officers. directors. employees and agents) if, and only if. such a third party is named by you as a .co-defendant In any Claim you assert against us. Also. fOT the purposes of this Arbitration Section. "you" or )'OllTSM shall mean any person or entity approved by us to use the Account. inclUding but not limited to all per- sons or entities contractually obligated on the Account and an authori~ed users of the account. If any part of this Arbitration Section is found to be invalid OJ unenforceable under any law or statute consis- tent with the FAA. the remainder of this Arbitration Section shall be enforceable without Jegard to such in'JaUdity or unenforceabilitY. THE RESULT OF THIS ARBITRATION AGREEMENT IS THAT, EXCEPT AS PROVIDED ABOVE. CLAIMS CAN- NOT BE L\T1GATED IN COURT. INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE ^ JURY. ftS CLASS ACfIONS OR ~ PRIVATE ATfORNEV GENERAL ACTIONS. platinum plus Coverage .Credit Insuran,e Benefits, Limitations, Costs & Exclusions pl/.ltinutH plus Coveraee pays your minimum monthly payment. up to your balance on the date of loss (oot to exceed 5\5.000), \Jnti! you return to work." if you are involuntarily unemployed, mta.!ll disabled, or if you or your spOuse takes covered family lea.ve. pl4UKulIl pIlLS Coverage also pays your insured outstanding balance up to the least of your outstanding balance. your credit limit. or S 15.000 if you die. , I t . t 9 "t P1=lGE.10 SEP-16-2003 TU!:: 1,: lU rn ~AU=.::> MANAGl:.nl:.NI ~AX NU. jU~ q~~ Uqj~ r. II/IJ \ \., , SEP 16 2003 12:10 , ! . the primary cardholder or a co-applicant. authorized users are not eligible). 'under age 66 (70.in !\l.. NV & VA; 71 in FL. GA. Ml. MO & OK; 72 in NM). Your coverage ends at these same ages (except family leave in I\l. FL & SO & unemployment unless in TX). When enrolled. certificates w;ll be mailed explaining your coverage &-effective date. In MN. unemployment coverage is effective 61 days from your certificate effective dift. For unemployment or fami- ly leave benefits. you must be gainfully employed working at least 30 hrsIWk (not self-employed or an independent contractor) for 90 consecutive days before the date of loss ICO ~ before application date). {PA. on the date of loss), (TX ~ before coverage effective date for unemployment). Employees of professional corporations may be eligible. Coy.eraees & Benefits: PIa/bum, plus Coverage covers; your death: involuntary unemployment due to job loss. general strike. unionized labor dispute or lockout; total disabilitY due to sickness or injury if you are unable to perform the material & substantial duties of your job lor. any job after the first /8 mos. in CA, HI. Nt. TN & WI: 12 mos. in PA); your or your spouse's unpaid leave of absence from employment due to. care of your newborn or newly adopted child or an incapacitated immediate family member (must be spouse. child. stepchild or parent in AK). mandatory recall to active militaJy duty, jury duty (except in AK). or residence in a federally declared disas. leT area. Loss (not death) must continue at least 30 days before benefits begin. In NY. for strikes. unionized labor disputes & lockouts. you must be unemployed for 7 consecutive weeks &. qualify for state unemployment benefits before benefits begin. ^ daily benefit is paid for each day of loss over 30 days for unemployment in NY &. PA, and disability In CA. CT, NY. MI. PA & se. You may cancel this coverage at any time. If canceled within first 30 days of coverage. all premiums will be refunded. Exclusions: Life: suicide in the first 6 months of coverage (not MO & MO). Involuntary Unemployment: retirement. resignation, voluntary forfeiture of income or job loss due to willful or criminal misconduct. disability, strikes in IL, military discharge in NY. nonnal seasonal unemployment in TIC. Disability: nonnal pregnancy or childbirth (not CA. MA & NV). intentionally self-inDicted injuries (not MD)' or a pre-existing medical condition /0 PAGE. 11 . :>l:.t'-l o-tVu.;) I vc. I'" I U r II ,,)nL~oJ IIrmn\1LIILI1 I I 1111 IlV. "'VI.. "t"'V V"t"'V t. 1'-' I'" L ,- . " =:. .' .. ..'; , OUTIng hr5l6 IIIUlIlll:> \"If CO\1crtllt lMt Nl). FaJf\i1~ I@;"f benefits are not paid jf you are eligible for or receiving unemployment benefits or are disabled. This is only a brief description of coverage. and cover. ages vary by state. Please rerer to your ceniflcates for a full explanation or coverage. ~sts per SJOO per MDnt~. of AveraGe Pail" Btrlanc:e: Costs apply to Ufe IY. DJsability (D). Unemployment (Ul . "t.1> f. ,. &. Family Leave IF): AL 49.8(: AK 78~; AZ 99c; AR 91.5c: CA 89.9c: CO 52.35c: CT 42.89(; DE 96.97e; DC 95.3e; FL 89c; GA 88(: HI 89.91C: 10 95.2c (1.. 8.6C. 0 12.6c. U 54c. F 20c): 11.. 8Oc: IN 96(:: IA 95.6c IL 7.2(:. 0 l4.4C. U 54(:. F 2OC): KS 85.4(:; KY 91.4C:: LA 89.7c: MD 70.54c: MA 18.4(: MI 85.7c: MN 30.65e; MS 85.2c; MO 6Uc; MT 93.9c:; NE 95.8c: NV 95.3c: NH 95c; N) 97c: NM 58.9c; NY 52.5c (L 8.8e. D 26.&. U 16.9(:): NC 74.3(:; NO 94.1(:: OH 99(:; OK 92.4C; OR 84.7C: PA 38.J(j PR 99C: R193.15(: SC 8Oc: SO 96.89(: TN 92.5c: TX 33.7~ (L 5.1c. 0 12c. U 16<:l: ur 91.88ci vr 28.4(: (L 5.99(.06.41(. f 16c); VA 84C (L 6.lc. D 8.9c. U 49(:. F 20C)i WA 84(:: WV 95.2c: WI 93.6c (l 5.7c. D 8.9c. U 59(. F 2oe): WY 95.5(. Availability: This coveraie is not available in ME. Involuntary unemployment is not available in MA or yr. Family Leave is not available in AL. CT. MA. MD. MN. NM, NY, PAt or TX . Underwrltine ComoaniesIPolicY: Involuntary Unemployment: American SecuritylLOl (5/85). LOI NY(3193). J4S LOI TX (6192). LOIC~IP-J<S (2196). and LOIC. IP: Standard GuarantylSG LOI (5/85) (NH only). Life & Disability: Union Security Life/1A~Z; Standard Guaranty Ufe (TX onlyYL-I.Z (8I92)(3.53RA); Ftrst. Fonis Ufe (NY Life only)/NYLMOOI3: and American security (NY Disability only)IW~5-A Family Leave: . American SecuritylFLP 14/97l. FLP-FL (12/97) in FL, FLP-NC (3198) in NC. FLP.QK (4197) in OK. FLP-V^ (2198) in VA. fL.-IP (AZ)(1/98) in Al. F1...IP (4/97) in'lL & IN. FL~IP-K5 (12197 in KS. Flrlp.wy 14/97) In WY; Standard GuarantyJFLP (4197) in NH; Union Security LifeIFLP-vr (4/97) in vr. Soliciting agents for Mississippi and Florida are Charles M. Gordon and Pamela Cunls respectively. This product is not an insured deposit account. is not FDIC insured. is not guaranteed by MBNA America Bank. NA. and is not a condition of obtaining credit. II - SEP 16 2003 12: 18 PFlGE.12 SEP-lti-~UUj IU~ It:ll rn ~HLt~ nHNHUtntNI . \' . . ....1' SEP 16 2003 12:11 rH^ NU. ~u~ q~O Uq~O r, !~I J~ . -Less past due and over credit limit amounts. In MI. coverage pays 5% of the balance on your date of disability up to $750. In NY. coverage pays the minimum payment . due on your date of loss. · -The number of monthly benefit payments will not exceed 9 for family leave: 12 for unemployment in AL. AK. cr. IL. MI. MN. MO. NM. Ne. NY. PA. SC & TX: 12 for disabilitY ~cept In CA.. HI. IN. 1<5. .Mil.-Nt. NY. PA. TN. TX & WI. NY. 'N) & TX Residents Only: To purchase coverages separately. write to Assurant Group. P.O. Box 50355. Atlanta. GA 30302. Applications will be sent to you. I 1 'J , i I I MBNA America Bank. N.A.. is the exclusive 'issuer and administrator of this and other PlaUnuni. Plus.crecit car<.l accounts MBNA America0 is a federaJJy registered service mark of MBNA America Bank, N.A. C 2000 MBNA America Bank. N.A. NEXT90 (Revised 412000) 0I5C-"58 . 411100 MB~AULOI (MBNA-UDluncap~ LOIIFL) J 2 . -. PRGE.13 VERI FICA TION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is Michael Milnes (NAME) of m~ ots Clmi~DJ , plaintiff herein, that (COMPANY) . Assistant Vice President (TITLE) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. ~~~~ PAMELA J. JOHNSON NOlARY PUBLIC STAfE OF DElAWARE MY COMMISSION EXPIRES OCTOBER 8, 2007 ~, \ (SIGNATURE) / ()- -4 - 20(jw it) ~ ~ \' ~ (:) i \) w ~ ~ ~$ .eg, ill .Vl ~ -I-:~ ~_.Jr -< l'---.> (';:~.j- ""eel 0 (..:.:;-" -n f-s .~ -.; :r: ..." n1"-~ ",".J - {"-" ~ ~~~ ::r: ~'~ ~t~ ~~'" C~) rn C" j;! ~ 8 SHERIFF'S RETURN - REGULAR CASE NO: 2006-06177 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MBNA VS PRAGER NEIL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PRAGER NEIL the DEFENDANT , at 1850: OC. HOURS 1 on the 3rd day of November , 2006 at 418 BOXWOOD COURT MECHANICSBURG, PA 17050 by handing to NEIL PRAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. 18.00 11.44 .00 10.00 .00 39.44/, C~ J.1/ bu It) l,.. Sworn and Subscibed to Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~~_~"""'~.""~4!'! ~. I ~ ~~_ /'<..A':-',. ~_... ~'I ,/i'l'~ ,r ., ~~,..,. ..- ~ .~- R. Thomas Kline 11/06/2006 WELTMAN WEINBERG REIS day By :' ~/1 - ~~~ty~~~ before me this of A.D. .., ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MBNA Plaintiff No. 06-6177 vs. PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE NEIL PRAGER Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA I.D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05255875 ~ , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MBNA Plaintiff vs. Civil Action No. 06-6177 NEIL PRAGER Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. SWORN TO AND SUBSCRIBED e this dL day COMMONWEALTH OF EENNSYLVANIA Notarial Sual Wayne A. Jones, Notary Public City 01 Pittsburgh, Alk.gheny County My Commission ExpifeS June 29. 2010 Member. Pennsvlvanio ASSOGl2i'an of Notaries ~ . ..G:"J '"'Q r'\; q)..~'r. .t:--.? -z.,.,. ~~. 1.:2. c, "'0' .-) "-f " f::::C" .:;p' c: ~ ~ ~~ t.)~ ~ ~~ CJ> 9 :.. ~ o ~ ~ c:... ~ \ s:-