HomeMy WebLinkAbout04-1826 IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
VS,
DOREEN L. CHARRON,
Defendant
:
:
OIVIL ACTION - LAW
:
:
:
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 twenty (20) days after this Complaint and Notice is served,
by entering a written appearance, personally of by attorney, and filing in waiting 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 m~,y be entered against you by the
Court without further notice for any money claimed in the Complaint, or document, or for any
other claim or relief requested by he Plaintiff. You may lose meney or property or other right
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
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICIA
Le han demandado a used en la corte. Si used quaere defensas de esas demandas expuestas
en las paginas, siguientes, used tiene viente (20) dias de plazo al partir de la fecha de
lademanda y la notifiation. Used debe presentar una apariencia escrita o en persona o por
abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a last demandas
en contra de su persona. Sea avisado que si used no se defienda, la corte tomara medidas y
psedido entrar una orden contra used sin previo aviso o notificacion y por cualquier queja o
alivio que es pedido en la peticion de demanda. Used puede perder dinero o sus propiedades
o otros derechos importantes para used.
LLEVE ESTA DEMANDA A UN ABODOAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO
O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA
O LLAME POR TELEFONO A La OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA
ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSITANCIA LEGAL.
Cumberland County Bar Association Lawyer Referral Service
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(800) 990-9108
IN THE COURT Of COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
VS.
DOREEN L. CHARRON,
Defendant
CIVIL ACTION - LAW
COMPLAINT
AND NOW, comes the Plaintiff,, by and through its attorneys, Amy F. Wolfson, Esquire,
and the law firm of Wolpoff & Abramson, LLP, and files the within Complaint and in support
avers as follows:
1. Plaintiff, MBNA AMERICA BANK, N.A., is a Delaware corporation doing business
within the Commonwealth of Pennsylvania, and the other states of the United States, with its
principal place of business situated at P.O. Box 15718, Wilmington, Delaware 19850.
2. Defendant, DOREEN L. CHARRON, is an adult individual with a last known
address of 101 MEALS DR, CUMBERLAND County, CARLISLF, PA 17013-3186.
3. it is averred that Defendant was issued an open end credit card account. A true
and correct copy of the Credit Card Agreement Additional Terms and Conditions inclusive of an
Amendment is attached hereto, incorporated herein and collectiively marked as Exhibit "A".
4. At all relevant times material hereto, Defendant has been a regular user of said
charge card for the purchase of products, goods and/or for obtaining services from Plaintiff or
Plaintiff's licensees.
5. Defendant has been provided with copies of the Statements of Account
accurately showing all debits and credits for transactions on the, aforementioned credit card
account.
6. Defendant did not object to the above mentioned Statements of Account
submitted by Plaintiff to Defendant.
7. Pursuant to the Credit Card Agreement, which Defendant received when the
aforementioned credit was issued, 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.
8. That this matter was referred to Arbitration for determination and disposition,
whereby an Arbitration Award was entered against the Defendant 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".
9. That Defendant has made sporadic and irregular' payments which have been
applied to the outstanding balance of this account.
10. As of the date of the within Complaint, the remaining balance due, owing and
unpaid on Defendant's credit card account, as a result of charges made by said Defendant
and/or any authorized users is the sum of $3,608.68.
11. Despite reasonable and repeated demands for payment, Defendant has failed,
refused and continues to refuse to pay all sums due and owing on the aforementioned account
balance, all to the damage and detriment of the Plaintiff.
12. Plaintiff has retained the services of the law firm of Wolpoff & Abramson, LLP in
the collection of the amount due from Defendant.
13. Any and all conditions precedent to the bringing of this action have been
performed by Plaintiff.
14. 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, DOREEN L.
CHARRON, in the amount of $3,608.68, plus costs of this action and such other relief as the
Court deems proper and just.
Respectf~y subreitted,
WOLPOPF & ABRA~ISON, LLP
267 East Market Street
York, PA 1'7403
(717) 846-11252
ID No. 87062
Attorney for Plaintiff
VERIFICATION
Amy F. Wolfson, Esquire, hereby states that she is the attorney for the Plaintiff, MBNA
AMERICA BANK, N.A., who is located outside of this jurisdiction and in order to file the within
document in an expedient and timely manner, she is authorized to take this verification on
behalf of said Plaintiff in the within action and verifies that the s~Iatements made in the foregoing
Complaint are true and correct to the best of her 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: April 12, 2004
Amy F. W,~lfson~E/s~uire
WOLPOFF & A ,BP/AMSON, LLP
267 East Market'treat
York, PA 1'7403
(717) 846-'1252
ID No. 87062
Attorney for Plaintiff
EXHIBIT "A"
'.'Fll::,g.~vacy-N,c~ce,,,.:..:,:....,..:~,,..,.:.%....,,.'.':.;n....~l
~ ";. ' '"" '?'i,'" .;"~/"" '" '"'""":" ~'.'>
'~.,M'; .... '.q ;'" t~...-; , ~., .;.'" ..' ,..'.~. ~'"
'f f il paTmegt~ O~.~aur ~q~u~r..' ....................
· ' ~ ~ ~'~ May ~me~ ¢~i~-:~e~er, t ,..,'.,,,.,,:.9
:.". L ." ' . ;..:,';:, .':-" ,-'.'v' .';,;;..~ :.:; ',:
,,. ....... . .. ;;?,..~ ,... .. : .',.','.'
"' ?'% "~ '."~ 2.":'
.....2...: ..? ,:. '" ?r'.' . '.'?'. ~':'"'
PNva~ Notice
s~ice, And whJl~ tflJormmlon aborn ~ ~ fund~l
~ o~r eblll~ ~o do th~, ~e folly ra~gn~ ~a ~o~ance
oi keeping p~sonal and ~unt inaction
TO offer ~u ~he wldqst ~ of p~u~ and seM~,
M~NA m~ ~ha~e ln~orm~:l~n about you ~ w~th{n
MBNA and o~sid~ o~ MBNA with otb. er
This ~{[ow~ US to offer you p~du~s and ~e~c~ chat
~(ay Iniere~ ~0 and be~ meet ~Q~r'ne~ds,
they at~ availab[~ dlre~ly from MBNA or lhrough mr
~a~d our information m~uard~, ~h~t
~,e coll~, what info.atari We sh~m, and the
~ ~i'm when ~ sh~ information a~ut
~errra ~nk. N~.. ~BN~erica [DelawateL
In%rm~flon ~e~ims, Inc., M~NA M~in~
";~NA"}, ~or finnncia{ prod~ and se~k~ ~oOem~d '
r, otice ~xp[~ln~ MBNKs ln~o~atlon ~lle~ion and
w~hl¢ MBNA or ouIslde ol MBNA wl~h o~er
~po~an~ o[ prote~l~ and se~u~ng Inflation and
1~ r~trla~ ro [he ~pIe o~ MBNA who ~u~ it
c~l. el~tranlc, and pm~ml ~f~uhr~ That comply
· When MBNAsha~ Inform*itoh *boU~ y~ with
lmp0s* safeguaffis, use It only ~or a ~rmig~
~crved we Ii.it the ~mount o~ i~[or~ion ~h~red to
wh~t Is appropda~e t~ aEer
ci~nfly, MBNA requires any ~mpany rec~lvin~ tn[oD
couta[ih{n[ these m~u[reme~s and obli~i~ that
COmpany ~o prgt~ ~ in~arm~ian as ~ wO~Id.
COmmunication wl~ ~s indudin~ ~ro~h ~e mail,
by tclephon~. ~r over ~e l~t~met:
· i~fo~a~io~ w~ t~eive ~om third p~i~.
credit, or ot~r reladonshl~; and
[o~ ~x~u ~nd ma~ save yo~ both tlm~
~, we share i~an;ilica~io~ [nformati~
nc~ tm sham cr~k el[~bll~ jn~o~fion a~ }~u wig-
in MMN~ b~t p]~ undeG~nd this does n~ pmhibi~
and other information ~n
~Mce prOVM~m (such as ban~. 1~ bro~. accaun~
mor~aZ~ bankers, and m~fi~
nan~5~ncial ~mpan)~ (su~
aSents, crutse IInes, ~r rental a~encles, ha~ls, airllne~,
publlsht~s, and or~]~tions endo~nB ~NA
p~oduc~ or ~]C~). and othem (su~ ms
or~an~,tians). ~ubjec~ ~o ap~l~ble law. we m~y
~Lde ol [~5NA, unl~ you tell us n~ m.
~ll~ wl~h comp~nia~ ~at ~rform marketing or o~her
~'J~h '~'hich we h~ve iO'i~{ markedng agr~mcnts. We
For i~s{a~ce, w~ may share ail of ~he infold;ion we
COHe~ '~jth componl~ ~lstin~ us in sc~cln~ ~ur
lain or acquit,with ~mpanies that endorse our
pro~:s and ee~c=s ~hroueh effLni~y egr~ments.
N~ government ~[es in r{b~nse to s~b~nas or
cr~it eligibility information w~thJn MBNA. and ~u may
as d~lbed eb~e, If ~ou ~lsh Ia opt o~ of
w~ ~il'[ ~sk ~u ~ w~. your i8~l~ and tRe
M~HA applies cp~ o~s at ~e e~ount lev~, not ~
indivldua] Customer. when ~ny ~n lis~ ~th
~¢c0un~ h~et,~ ~oris~ userL ~ will tis~ the
compani~ og;~)d~ of M~HA, ~ains effeaive units
an a~:o~nt has pr~tousIy opted ouz from eider ~e
opted ou~ ~om ~lther or ~o~h ~s of ln~lOn ~h~n~
I~nd nO~ re~k~3 i~ writing) does not ne~ to ~e opted
Word~ U~ed O~n ~ Th~ A~r~m~t
Sian ~o~r Card
vau should $iBn ¥~ur
'We Ma~ Monier
Ho~' b Use Ymtr Account
or other ~e~ii d~i~a, .Ple~m ~fer toyour Required F~eral
~hom thech~ is m~de ~ble ~ d~p~l~ or msh~ the
HO~ Y~u Ma~ SroF Payment on
Access
~ may ~ue~ fi stop ~enl on an
for ~ mo~-~ ~e d~ th~ ~e pla~ the ~op ~ent,
You may not {~ue a ~t~ a~ ch~k on ~ur
Your promfse to
'-~7c~ .arom;~e to p~ ~ the ~oun~ o~ ~I}
ac~uat, we wtll n¢~ pay in~a:~t on s~ch
5~ Your ~unt
~,~dr~s ~ho~ in th~ upper leJt.h~n~ ~m~r of'the
~oar ~onthl7 statement; ~) pal~ wRh ~ check ~a~n
may ~e SeD~ ap to fi~ da~.
How We Al~oca~ Y~Ur Payments
b~la~es wi~h h~he; &~R~. Thi~ will result
re~po~slble for ~ny to~l o~ndiae balance. W.
~o release from liability ~y ~S~ w~
~y ~t~l e~ndl~g halan~ un~[ ~ l of the ~s,
. ,.,
~le:e,'rcdned blt ua B~eh ~I]ti~ c/cle ~:~ns an ~he d~' ~r
~)~ Cl~in~ Date oJ the D~ou~ bi~
([] ~) L~e F~ ff th~ TOlal ~in~um Pa~ D~ sh~n on
a~,bu~ ~ of the 8~v tn the blll.m~ ~e ~t ~hb [o~t put-
I~) ~ Copy F~ fo: each ~p), of
br~hum en~ o~ o~1 d~m~
time ~ :line by ar ~ behalf or
~ Re~a! to HonorYour
,v~a~ Sa.~e~ or ClOse ~our Ac~ou~
We m~ su~nd ~ d~ yaur a~un~ or othe~J~ t~inate
MaF Clo~ Yo~r A~coa~t
may ~o~ your a~o~ b~ n~l~i~ u~'ln %'Mtl~g o1 ~
Transactio~ A~r Yo~r ~c~unt l~ ~ose~
~ Sell ~oar ~ccoun~
Your' Credit
Wf~tt Wa May Do i~ Yau,
~ed Your Credit
~his ~r~e~er, t,
Una~tfi~ O~ of'Your card
you M~t Nott~ Us ~Aen You Cfianoe
Your ~dr~
)0
~Our Rt~[t~ Con~f.ue
~Arbi~a~ion and Li~i~a~on
;~n~ p~or AD~ement, ~hal~ be ~sol~ ~ bind~fi~
~ 'The ~ffbi~fion s~ell be ~du~d by x~e N~tloaa[
~,~b~mti~n ~o~m C'H~'), uRdc~ ~ c~e, or Fr~ure in
~ce~ by la~. if a~y pa~ requ~s, th~ a~t~tor th~ll
II
~1] ,~{ them. Mdigonally, ~e' or'us' sh~l] m~ any
w~'h ~he a~nr (lndud[~ ~oi n~ IimR~ :o ~edR bureau.
THAT, ~pT ~ PRODDED ~0~, C~{~S ~N~
COULD HA~ ~N ~IED ~FO~g A JURY, ~
A{~ON$. OR ~ PRI~A~ A~ORNRY G~N~
12
NF_,.A90 (P~vised 4/2001)
EXHIBIT "B"
MBNA America Bank. N.A.
c/o Wolpoff & Abramson, L.L.P.
Attorneys in the Practice of Debt Collection
702 King Farm Bird, Two lrvington Centre
Rockville, MD 20850-5775
CLAIMANT(s),
~')oreen L Chart-on
1063 HUP, ON DR APT C
Han-isburg, PA 171li-8004
NATIONAL
ARBITRAl'ION
FORUM ®
RE:
AWARD
MBNA America Bank, N.A. v Doreen 1, Charron
File Nnmber: FA0208000123478
Claimant l?ile Nnmber: 48001137142308935
RESPONDENT(s).
The undersigned ArbitraDr in this case FINDS' .
1. That IlO known conflict of interest exists.
2. That on or before 08/23/2002 the Parties entered into an agreement providing that this matter shall be ~esolved
in accordance with the Forum Code of Procedure.
3. That tile Claimanl has filed a claim with the Formn and served it on the Respondent.
4. That the matter has proceeded in accord with the applicable Forum Code of Procedure.
5. The Parties have had fi~e oppommity to preseat all evidence and imt'onnation to the Arbitrator.
That the Arbitrator has reviewed all evidence and information submitted in this ease.
7. That the infm'mation and evidence submitted supports the issuance of an Award as stated.
Therefore, tile Arbitrator ISSUES:
An Award in favor of the Clabnant, for a total amount of $3,608.68.
Entered h.~ tile State of Pennsylvania
Lawrence L. Dicker, Esq.
Arbitrator
Date; I 9/2 02
ACKNOWLEDGEMENT
This Award was dui3,' entered and delivered to/he
parties on this date.
Honorable Harold Kalina
Director of Arbitration
I 1 / t 9/2002
SHERIFF ' S
CASE NO: 2004-01826 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MBNA AMERICA BANK NA
VS
CHARRON DOREEN L
RETURN - REGULAR
CHIEF DEPUTY RONNY ANDERSON ,
Cumberland County,Pennsylvania,
says, the within COMPLAINT & NOTICE
SHERIFF'S
PA 17013
CHARRON
CHARRON DOREEN L
DEFENDANT
at CUMBERLAND CO
CARLISLE,
DOREEN L.
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
at 1020:00 HOURS, on the 29th day of April
OFFICE ONE COURTHOUSE SQUARE
by handing to
a true and attested copy of COMPLAINT & NOTICE
the
, 2004
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service .00
Affidavit .00
Surcharge 10.00
So Answers
R. Thomas Kline
.00
28.00 0 /2 /200, /7//
WOLPOFF &
i /
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
DOREEN L. CHARRON,
Defendant
No. C,4-1826
Civil Action - Law
ANSWER
AND NOW, this 21st day of May, 2004, comes the Defendant, Doreen L. Charron, by and
through her attorneys, Hanft & Knight, P.C., and files the following Answer and in support thereof,
avers as follows:
1. Admitted.
2. Admitted.
3. Admitted in part; denied in part. It is admitted that Defendant was issued a credit card
account by Plaintiff. Defendant is without knowledge as to the truth of the averment that the terms
and conditions attached to the Complaint as Exhibit "A" are the'. terms and conditions that were
applicable when she applied for the credit card. As such the same are specifically denied and strict
proof thereof is demanded at trial.
4. Denied. It is denied that at all relevant times material hereto, Defendant has been a
regular user of said credit card for the purchase of products, goods and/or for obtaining services from
Plaintiff or Plaintiff's licensees.
5. Denied. Defendant is without knowledge as to, the truth of the averment that
Defendant has been provided with copies of the Statements of Account accurately showing all debits
and credits for transactions on the aforementioned credit card account. As such, the same are
specifically denied and strict proof thereof is demanded at trial.
6. Denied. As stated in Paragraph 5 of Defendant's Answer, Defendant is without
knowledge that she received copies of the Statements of Accotmt submitted by Plaintiff to her.
Therefore, Defendant would not have been able to object to the above-mentioned Statements of
Account.
7. Denied. As stated above in paragraph 3, Defendant is without knowledge that she
received the Credit Card Agreement. Therefore, it is denied that she agreed that this matter be
referred to arbitration in the event of any claim and/or dispute if the account is referred for collection.
It is further averred that Exhibit "A" speaks for itself.
8. Denied. Defendant is without knowledge that this ]matter was referred to arbitration
for determination and disposition whereby an arbitration award was entered against the Defendant
and in favor of the Plaintiff for the outstanding balance due because Defendant is without knowledge
that any notice of said arbitration was issued to her. It is further averred that Exhibit B speaks for
itself.
9. Denied. It is denied that Defendant's payments were sporadic and irregular.
Defendant is without knowledge that all of her payments were applied to the outstanding balance of
this account. As such, strict proof thereof is demanded at trial.
10. Denied. It is denied that the remaining balance due, owing and unpaid on
Defendant's credit card account was as a result of charges made by said Defendant and/or any
authorized users. It is further denied that the remaining balance clue is the sum of $3,608.68.
11. Denied. It is denied that Plaintiff has made reasonable and repeated demands for
payment. It is further denied that Defendant has failed, refused and continues to refuse all sums due
and owing on the aforementioned account balance all to the damage and detriment of the Plaintiff.
12. Admitted.
13. Denied. It is denied that any and all conditions precedent to the bringing of this
action have been performed by Plaintiff. As such, strict proof thereof is demanded at trial.
14. Admitted.
WHEREFORE, Defendant, Doreen L. Charron, respectfully requests this Honorable Court
find in her favor and against Plaintiff.
Respectfully submitted,
Sean M. Shultz, ~ssquire
Attorney ID !No. 90946
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
Attorneys for Defendant
VERIFICATION
I VERIFY that the statements set forth in the attached document are true and correct to the
best of my knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities.
Doreen L. Charron
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
DOREEN L. CHARRON,
Defendant
No. 04-1826
Civil Action - Law
CERTIFICATE OF SERVICF,
AND NOW, this 24th day of May, 2004, I, Sean M. Shultz, Esquire, hereby certify that I have
this day served the following person with a copy of the foregoing Answer by first class, United States
Mail, postage pre-paid, addressed as follows:
Amy F. Wolfson, Esquire
WOLPOFF & ABRAMSON, LLP
267 East Market Street
York, Pennsylvania 17403
Attorney for Plaintiff
HANFT & KNIGHT, P.C.
t~- Shultz, Esqm~e - ~ Attorney ID No. 90946
19 Brookwood Aw~nue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
Attorneys for Defendant
IN THE COURT OF COMHON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
VS.
DOREEN L CHARRON
Defendant
NO. 041826
CIVIL ACTION - LAW
PLAINTIFF'S PETITION '1'O CONFIRM
ARBITRATION AWARD PURSUANT' TO 42 Pa.C.S.A. §7313
AND NOW, TO WIT, this IV day of ~t.~J~ ,2004, comes the
Plaintiff, MBNA America Bank, N.A., by and throul~h its attorneys, Amy F. Wolfson,
Esquire, and the law firm of Wolpoff 8~ Abramson, LLP, and files the following Petition to
Confirm Arbitration Award, and in support avers as follows:
1. Plaintiff/Petitioner, MBNA America Bank, N.A., is a Delaware corporation
doinj~ business within the Commonwealth of Pennsylvania, and the other states of the
United States, with its principal place of business situated at P.O. Box 15718, Wilmin~on,
Delaware 19850.
2. Defendant/Respondent, Doreen L Chalrron, is an adult individual with a last
known address of 101 Heals Drive, Carlisle, Cumberland County, Pennsylvania 17013.
3. That pursuant to the Credit Card Agreement Additional Terms and
Conditions, which Defendant/Respondent received when Plaintiff/Petitioner issued
Defendant/Respondent an open end credit card account, the parties a~reed that this
matter be referred to Arbitration in the event of any claim and/or dispute if the account is
referred to collection. A true and correct copy of said Credit Card A~reement Additional
Terms and Conditions is attached hereto, incorporated herein and marked as Exhibit"A'.
4. That in early 199S~, Plaintiff/Petitionelr forwarded to Defendant/Respondent
a document titled, "Important Amendments To Your Credit Card A~reement.' A true
and correct copy of said document is attached hereto, incorporated herein and marked as
Exhibit "B".
5.
That said document again provided Defendant/Respondent with details of
the Arbitration clause, pertaining to Defendant/Respondent's open end credit care
account, in the event of any claim and/or dispute if :said account is referred to collection,
and further afforded Defendant/Respondent until ~anuary 25, 2000, to notify
Plaintiff/Petitioner by written correspondence that Defendant/Respondent did not wish for
Defendant/Respondent's account to be subject to said Arbitration Section. See Exhibit"~'
as previously identified and incorporated herein.
6. That Defendant/Respondent did not forward any written correspondence to
Plaintiff/Petitioner by January 2.5, 2000, in order to opt out of the Arbitration process,
and therefore Plaintiff/Petitioner properly referred this matter to the National Arbitration
Forum pursuant to the Arbitration Section of Defendant/Respondent's open end credit
card account, when Defendant/Respondent defaulted under the terms of the
aforementioned open end credit card Agreement.
7. That the National Arbitration Forum tl~en forwarded to Defendant/
Respondent a Notice of Arbitration and Arbitration ,Claim form, and said documents
explained Defendant/Respondent's rights and options: pursuant to the Arbitration process.
A true and correct copy of Notice of Arbitration and Arbitration Claim form are attached
hereto, incorporated herein and marked as Exhibit "C".
8. That due to the fact that Defendant/Respondent did not provided a written
response to the National Arbitration Forum within the allotted thirty (30) day time
period, to either state Defendant/Respondent's reply and/or defenses to said Claim or to
request a hearing before the National Arbitration Forum, an Arbitration Award was
entered on November ! 9, 2002, in favor of Plaintiff/Petitioner and against
Defendant/Respondent in the amount of Three Thousand Six Hundred Eight and 68/100
($3,608.68) Dollars. A true and correct copy of tl~e Arbitration Award is attached
hereto, incorporated herein and marked as Exhibit "D".
9. That the Credit Card Agreement Addiitional Terms and Conditions and
document titled, "Important Amendments To Your Credit Card Agreement" both state
that iudgment upon any arbitration award may be entered in any Court having jurisdiction.
10. That Plaintiff/Petitioner has filed the within Petition, pursuant to the Uniform
Arbitration Act, in an attempt to obtain judgment against Defendant/Respondent in a
forum which is better suited to secure a collectible judgment against Defendant/
Respondent, as the aforementioned Arbitration Award is non-binding and unenforceable
outside the scope of the Court of Common Pleas.
11. That Plaintiff/Petitioner is entitled to the relief requested in the within
Petition due to the fact that the aforementioned Arbitration Award was properly obtained
by Plaintiff/Petitioner; because this Honorable Court has iurisdiction over the
Defendant/Respondent to confirm the aforementioned Arbitration Aware; and because
Defendant/Respondent did not make an application, pursuant to 42 Pa.C.S.A. {)73 ! 4,
within thirty (30) days of receipt of the aforementioned Arbitration Award, with the
Court to have said Arbitration Award vacated, modified and/or corrected.
WHEREFORE, Haintiff/Petitioner respectfully requests that this Honorable Court
confirm the Plaintiff's Arbitration Award, pursuant to 42. Pa.C.S.A. §7313, and enter
judgment in favor of Plaintiff and against Defendant in the amount of Three Thousand Six
Hundred Eight and 68/100 ($3,608.68) Dollars.
Respectfully submj~l,
Amy/F. Wo~sSn, Es~ui~/
WOLPOFI~6: ABRA, pIS~DN, LLP
Attorneys in the Pr~e of Debt Collection
267 East ]~arket S[reet
York, PA 17403
(717) 846-1252
ID No. 87062
Attorney tbr Plaintiff
VERIFICATION
Amy F. Wolfson, Esquire, hereby states that .she is the attorney for the Plaintiff,
MBNA America Bank, N.A., who is located outside of this jurisdiction and in order to file
the within document in an expedient and timely manner, she is authorized to take this
verification on behalf of said Plaintiff/Petitioner in the within action and verifies that the
statements made in the foregoing Petition are true and correct to the best of her
knowledge, information, and belief, based upon information provided by the Plaintiff.
The undersigned understands that false statements herein are made subiect to the
penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
Am~f. WblJ~on, E~q~i',r~c~-~
WOLPOFIF~ AB.RA/I~.. SO ~N, LLP .
Attorneys fn the Pra~'tice of Debt Collection
267 East Narket Street
York, PA 17403
(717) 846-1252
ID Iqo. 817062
Attorney lbr Plaintiff
EXHIBIT "A"
AGMT 90
BIT
your Contract With Us
Your Credit Card A~reement with us consfsrs of thes~
Adclitional Terms and Conditibns 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 Prfwcy No,ica, .we will use the de~init[¢
contained in the third paragraph of the Privacy Nat~cs, For'
the remainder of the ~reement, we ~il[ use the definitions
described under the so.ion heading W~ris Usea O/t~ i,
Priv~cp
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-qual
service. And while information about you is fundamenl
to our ability to do this, we fully recognize the Impor~ar
of keeping personal and account )~formation secure.
To offer you the widest range of products and service
MBNA may share information about you both within
MI~NA and dutside of MSNA ~ith other companies.
This allows us to offer you products and services that
may interest you an(~ Dear meet your neects, wJ~ather
they are available directly'from MSNA or through out
relationships with other',companies. We want you to
understahd our lnformati~i')>~afegua~s, what informal:i( '
we collect, what tnformatlbn'.Av~ sha'~ and the beneftts
you rece!ve when we sh~re,]nformation about you.
This notice descrll~es tl~e".~rivacy pro'ices of MSN,
Co~poretion end ail ~,iSNA a~HJiates, including MSN.a
,America Bank, N.A., MSNA AmeHca,(Delaware),. N.A.,
:Palladian Travel Services, [nc:, M'S.NA Hallmark
J[nformation Services, Inc., MSNA Market ~g Systems,
Inc., and MSNA nSd~and~ ,(i~4'h~",' [nd."'(c/OlleCtive[y,
"MBNA"), for financial products and services governs(
,by the laws of the United States of America. This
notice explains MnNA's lnformati(~n collection and
sharing practices and lets you choose whether or not
MSNA may share con;cain Information about you, elth.
within MONA or outside of MSNA wiih other cornpanie
Our Security Procedures: MSNA understandsthe
importance o[ protecting and ~ecuring Information an
Ulsing it appropriately. Access.to .in[ormatlon about ye
is restricted to the people of MSNA who require it to
[:)rovide products or services to you. ),Ve maintain physt~.'
electronic, and procedural safeguards that<comply wit'
h.'demi standards for the security.of information.
When MBNA shares Information.about you with
companies o~ats[de of MBNA, we require them i:o .
hnpose safeguards, use it only for a permitted purpos(
and to return it to us or destroy it-once that purpose
served. We limit the amount of.in[ormatlon shared to
what is appropriate to offer a product or service
Clearly. MSNArequiresanycompany.receiving in[or-
marion from MSNA to sign a Confidentiality Agreeme~
oonts[ning these requirements and obligating that
company to protect the [n[ormation aa we would.
information We Collect: MBNA collects and uses
nonpublic personal information about you to cond~
our business and ia consistently deliver the top-qua
Customer servfce you expect from us. Sources of
information include the
· Information we receive from you an appl[catbns
and other forms or throuEh your correspondence
commun~catbn with us including through the mall,
by telephone, or over the
· In~ormation we receive from third pa~ies, such a~
consumer repo~inE agendes, to veri~ statements
you've made to us, or reeardin~ your emp[oymenL
credk, ar other relationships: and
· Information about your transactions w~th MBNA
with a~her companies outside of MBNA.
Info~a~on We Share ~in MBNA We may sha~
a[the information we colle~ about you with ~inandal s
ice companies within MBNA to offer additional pmduo
se~ces that may intere~ you and b~t meet your n~d
We believe this is convenient for you and may save you
in[o~ation (su~ as name and address), tm~a~ion
experience ln~ormation (such as purchases and pa~e
credit eligibili~ inb~ation (such as credit repa~s
applicatlons), and o~her info.arian. The d~lsion to'
chase any such produ~s or se~ces is ~oum ~lone. Yc
may tell us not to sha~ cr~it eli~ibili~ info.orion
you within ~8NA, but please undemtand this doe
prohibit us ~rom o~fine you additional pmdu~ ant
so.ices or From sharine transa~ion and experience,
identification, and other in[o~ation within ~BNA.
Information ~e Share With Others: From time
time, we may all~ companies outside of MSNA to
~au their produ~s and se~ices that'may interest
These produ~s and so.ices may be offered by linen
se~ice pravidem (such as ban~, loan brokers, acco~
ae~reeatom, insuranc~ a~ents, insurance companies
mo~a~e bankers, and s~rities brokerdenlers), by r
[inandal companies su~ as retailers, dire~ markete;
communications companies, Intemet se~i~e provid,
manufa~urem, se~i~ companies, travel aeen~, cru
lines, car rental agencies, ha~els, airline, publishers
and ar~ani~tions endorsine MBNA ~nancial produ
or se~ices), and others (such as nonpro it
Subie~ to applicable law, we may share all the info
tiaa we colle~ with these companies outside of ME
unless you tell us not
Additianall?, ~e may share all the information w
collect with companies that perform marketing or
se~lces on our behalf or to other financial Institut'
with which we have joint marketine ~greemen~.
are also pertained by law to share information
you w~th other companies in ceaain circumstance
For instance, we may share all of the Information '
collect with companies assistine us in se~icin~ yc
loan or account, with companies that endorse our
products and se~ices throueh a[[ini~ a~reements
with government entities in response to.subpoenas or
resulatory requiremen'ts, and with consumer reporting
agencies, II you tell us not to share information with
companies outside of MBN~ 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 AiSout Your Choice: We're
dedicated to serving your needs - and to respecting
your choices related to privacy. You may telJ us not to
share credit eligibili~ information within MSNA. and
you may te]i us not to share information with companies
outside of MBNA that wish to oiler 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 veri~y your ldentib/
and ~he specific sccounts to which the opt out applies,
so please have all your account, membership, or
reference numbers and your Social Secudty number ~r.
Tax~,ayer Identification'number for deposit accounts
:v:!!cb~e '.'.:hca t,'ou call.
MBNA ~p~lies opt out~ at tl~e'a~c6b~t level, not l~y ''~
individual Customer. When any'person.,llsted with others
bn an account opts our'(for example.'a';'Cb-a~pltcant, ioint
accounl~'holder, or auth6rized bser), wa'v/ill 'lBt the entire
account as having opted out MBNA will continue to
adhere to its disclosed.pd~/acy, pra.ctiCes fat,an acoount
even if it becomes inactive or.l~'do4ed,"
An. opt out fra:~ infomiation sharing on. an account
as described above, 'either with'ln'.MBNA arid/or with
companies outside of=MBNA, remains effective unless .
revoked in writing, Federal regulations require us'to'.
provide this notice on an annual b~isis,'whether or not
an 'aocount has previously opted out from either type
of information sharing, PI'ease remember When you
receive our subsequent notices that an account previously
opted out from either or both types, pr information sharing
(and not revoked in writing) does not need to be opted
out a~ain.
This notice u.pdates and replaces any previous
notk:es from MBNA about the privacy, security, and
protection af information. For additional information
regarding MBNA's'prNacy:practfces:concernin~ the ,
I nte'met, a nd to view 'the mos~' recent vemion of this
privacy notice, please go to www.mbna.com and click
on "Privacy Notice." You may have other privacy pro-
tections under state laws.' We may amend this privacy
notice st any time, and we will inforn~ ~ou.of changes
as required by law.
Worcl$ Usecl Oftefl in Thi~" ~'i;reern~nt
",~/reement" or 'Cred!t Card Agreement" means these
Additional Terms and Conditions and.the Required Federal
Disclosures {or the initial Disclosurej' ~nd any cha n~es we
make: to those documents from time to time.
'You' and "your' mean each and all of the persona ~vho are
granted, accept or use an account we hold. "You and "your"
also mean any other person who has ~uaranteed payment of
this sccount, when used ]n the sections entitled, ~Ve Ma,
Monitor and R~cord T~lsp,~ons CallL and Arbitration and Li~i~ai
and when used in each of ~he se~ions re at~n~ ~o ~aym~
this account (Y~ur P~mi~ ~o Pay, and Horn Wt~cate Your
Payment, for example].
'~e," 'us,'."our" and "MBNA America' mean MBNA
America Bank, N.A.
"card" means mil the credit cm~s we issue to you and
any other person with authoFizmt}on for us6 on this acco
pursuant to this Agreement.
"Access check" means ~n acces~ check we provide to 1
make a Check Cash Advance on your account.
If we use a capitalized term in this document but we c
define the term in this document, the te~ has the meat
given in the Required Federal Disclosures orthe Initial
Disclosure, or as used In your monthly s~atement.
We use se~ion headin~ (su~ es, W0~ Used O~n fn Tk8
~g~em~,0 to o>ganize :his ~reement. The a~ual te~s ~[ {
~reement are in the sentencea ~t follow and not the hem,
Sign Your Card
We Ma~ Monier and Re.rd Te~hone C
You consent to and authorize MBNA ~ed~. any o~ ii
affiliates, or its mar~:ing associat~ to monitor an~or r~
any o[ your :e{ephone convema~tons wi:h our represental
or the representatives of any of those companies,
Credit RepoSing Aqencies
Y~u aut~ .~ze M~ ~efi~ ;o colle~ info~ation ab~
~u. Indudin{ credit repo~ ~m consumer re~ln{ agen
ff you believe we have ~rnished tneccumte or Incomp{
{n~o~stion about you or ~ur eccoun~ to a c~{t repo~i
ageno, write us al: MBNA. Cadiz Repo~tn~ A{encies, R(
Box 17054. WHmin{ton, DE {9884-70~4. P~ease in~ude y
name. address, home phone number, and account numb~
and ~p{ain what you behove Is Inaccurate or incomp{e~e
How to Use Your Account
You may obtain credit in the i'orm of Purchases and Ca
Advances by using cards, access checka, 3our account nun
or other credit devices. Please refer to your Required Fed
Disclosures or Initial Disclosure to determine what transact
constitute Purchases and Dash Advances and how you mt
obtain them,
.Transaction Date for Ceftin Cash Advan,
3'he transaction date [or Check Cash Advances and Bait
Transl'ers done by check is the date you or the person to
whom the check is made payable first deposits or cashes ·
check. The transaction date i'or a returned payment {a Ba:
Cash Advance] is the date that the corresponding paymen
posted to your account.
Purposes for Usinfl Your Account
You may uae your account ~or personal, family, or housel
purposes. You may not uae your account i~or business or
commercial purposes. You may not uae a Check Cash
Advance, or any other Cash Advance, to make a payment <
this or any other credit account with us. You may not use c
permit your account to be used to make any illegal transaCt
Persons Usin~ Your Account
ii 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 includin~ transactions for
which you may not have intended to be liable, even if the amount
oF those transacions ~us~s your credit'lim~t to be ~ce~ed.
Authorized users ct this account may have the same access
to imrarmation about the accoun~ and Its users as the
account hoidem.
Ho~ You ~aF Stop Payment
on an Access CFiecg
"~ provhJin{ us with the access chec~ number, dollar amount, and
for si): months from the day that we place the stop payment.
i You MaF Not Postdate an Access Ched~
that presented it to us for payment, without in either case
waiting for the date shown on the access check. ~e are not
liable to you for any loss or expense ?cuffed by you arising
out oF the action we eiec[ to ta~e.
You~ Promise to PaF
You pmrn isa to pay us the ~mounts ct all cred t you
obtsin, which includes all Purchases and Cash Advances,
You also promise tc ~ay us a i the amounts ct finance char~es.
fees, ~nd other transact one charge
any
we
your
Payments'on Your Account
You must payeach month at least the Total Minimum
Payment Due shown on your monthly statement by your
Payrnent 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 effect
your obligation to make the next Total Minimum Payment
Due. If you overpay orff there is a c;edR balance on your
account, we will not pay interest on such amounts. ~/e will
relect 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 Overltmit Fees,
When Your Payment Will Be Credited
to V,~4r AiCount .........
We credit payments as of the date received, if the payment
ia: {I) received by 2 p.m, (Eastsm 3ime);.[2) received at the
address shown in the upper leE-hand comer of: the front
your monthly statement: I~ paid with a chec~ drawn in U.$,
dollars on a U,S. financial inat[tutlon or a U,-c;. dollar money
order; and ~4) sent in the return envelope with only the top
portion of your's~atement accompanying it. Payments
received a~ter ~ p.m. on any day including the Payment Due
Date. but that othe~iee meet the above requirements, will be
credited as of the next day. Credit fqr any other payments
may be delayed up to ~ive 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 balance
[including new transactions] w th ower APRs befsre balance
with higher APRs. This will result in new balances with a
lower APR (e.g., those with promotional APR offers) being
paid before any other existing balances.
Promise to Pay Applies to Al/Persons
All persons who initially or subsequently request, accept,
guarantee or use the account are Individually and together
responsible [or any total outstanding balance. We may re~u~
:o release [rom liability any person who is responsible to
~ny m~a] outstanding balance, until all of the cards, access
:hec~, and other credit devices outstandin~ undei the
account have been returned ro us. and ~ny such person.or
persons repays us the to,al outs~aadin~ balance owed m us
nt any time under the terms a~ this Agreement.
De[auli
You will be in d~fautt of this Agreement if: (I) you fail to
make any required Total Minimum Payment Due by its Payrnel
Due Date: (2) your total outstanding balance excaec~s.your
,:radii limit: or (3) you fail to abide by any other term of this
Agreement. Solely for the purposes of determining aItgibilitT
ante purchased through MSN^, you will be deemed, in default
,ar delinquent if you fall to make a payment within gO da~s of
your Payment Due Date. Our failure tq exerdse anyof our
rights when you default does not mean :hat we are un~te to
exercise those rights upon later default.
'When We MaN Require Immediate Pa~raei
If you are in default we can require Immediate payment
of your total ;utstand[~g balance and, unless prohibited by
applicab e law and except as otherwise provided under the
Arbllratton and biligatloe se~t'ion of this Agreement, we can
also require you to pay the costs we Inqgr in any co[.lection.
proceeding, a~ well as reasonable attorneys' fees if we refer
your account for collection to an attorney who Is not our
salaried employee.
Other payment Terms
We oan accept late payments, partial payments, or pa~trne~
with any mstrlctiYe writing without losing any of our rlghta
under this Agrsernant. Thla means that no payment. Indud
those marked with 'Paid in full' or with any othar ~eatfi~lYe
words, shall operate as an accord and sat election withogt t
prior written approval of one of our senior officers. You may
not use a postdated check to make a payment, If you do po.'
date a payment check, we may elect to honor It upon prese
rnent or return it uncredited to the person,that presentsd:l'
without in either case waiting for the date shown or~ th~
check. We are not liable to you ~or any 16ss or expense' ·
incurred by you arlsin~ out of the action we elect to take.
Pa!truant Holida!ls
We may allow you, from time to time. to omit a monthly
payment. We will notify you when this option is available.
I~ you omR a payment, finance charges and any applicable
fees will accrue on your account in accordance with this .:
Agreement. You must resume making your Total Mlnimurr
Payment Due each month.following a payment holiday.
Transactions Made in Foreign Curre~ci_~
[l you make a transaction in a foreign currency, the iran;
tion will be converted by Visa International or ~lasterC. ard
nternatlonaL, dependmg on which card you uae, into a U.~
conversion procedures in effect at the time that the transaclio~{
is processed. Currently, those regulations and procedures
'~ [1~ a wholesale market rata or (2) a government-mandated rate
I in e[fect one day prior to the processing date, increased by one
] percent in each.case. Visa or hlaaterCard retains this eno
~ date may differ fr6m the rate in effect on the transaction date
Bi__llin~ C~cle
~ Your billing ~cle ends each month on a Closing Date
determined by us., Each bfllin~ ~cle beRins an ~he day a~er
' the C]osin~ Date'o[.~he previous biJlin8 ~c e. Each
reflects a single b[[lin~ ~cle. '
Aocount Fees= The [ol]owin~ roes, whi~ are se~ [o~h on ~u~
Requir~ Federal DIscids~res or, Initial Disclosure, are ~ar~
: as Purchases i~ the billin~"~le in.whf~ the lees ac~: '
{ l ).a .Late Fee if the Total Minimum Paymen~ Due shown on
(2) an Overiimi~ Fee ff'~ur New. Balance To~al ~ceeds ~our
credit limit on [he last day o[ e bilIin~ ~de ~yen ff fees :or
finance char~es c~se~y.:u~ ~us~ ~our Ne~ B~Ia~ce Total"
acco[Jrt[ as o~ the day In the billin~ ~e ~at your to~al out-
{3) a Returned Pa~e~:F~e :ff a pa~ent on'your a'ccount
returned Jar insuff ~;[ent'~ur;~s or lot any o[her reason, even
il ls paid upon subs~q'u~n( presentment;
4 a Returned Cash ~d~a~ce ~k ~ee ff we ~tum an access .
chad: unpaid ~or any ~eas0~, even ff the access ~eck Is paid.
(~) a Copy Fee [or each'copy o{ a monthly sta~emen[ or sales
six sales dra~s will be provided let [ree; and
ABandone~ Prope~ ~ar~ Un e~ pmh[bi[ed ~ app ~b ·
law, we will charge ~ur ac~unt, as a Pu~hase, For any ~sts'
In~n'ed ~ us ~sodated'with ~mplon~ w th ~te abandon~
prope~ laws. ' . ·
DIsch~sure lot additional lees and char~es t~at may app y
We maY offer YOu ce~ain ben~ and se~ cesw h~ur
su~~ benefits or sepias'am not'~ part'of this A~mement. but
am s[~bje~ [o the te~s and r~t~tons outlined in the ~ne~
bm~ure and other offi~al documenm pmvid~ to you ~om
time ro Ume by or 6n behalf of MBNA'~e~ We may adjust
add, c'~r delete benefits and se~i~s at 'any tlm~ and without
~ noMce :6 ~u.
Re~sal to Honor Your Account '
~is can include a re,sa[ to honor your ~ or accoun: number
or any che~ wr tten on your aCCOUnL We are not liable for
t. 7
eny retention of your card by us, any other hank. or. any
provider of goods or services.
We MaF Suspend or Close Your Access
We may suspend or close your account or otherwise t~
nato your right to use your account. We may do this at a
time and for any reason. Your obligations under this
Agreement continue even a~ter we have done this. You
destroy all cards, access checks or other credit devices al
account when we request.
You May Close Your Account
You may close your account by noticing usia wriUng
telephone, and destroying aH c~rds, access checks or oth
credit device~ on the account. Your obligations under
Agreement continue even a~ter you h~ve.dgne this.
Transactlons After.Your Account Is Clot
When ye:ur account is closed, you must contact anyone
authorized to charge transactions to your account, such as
intemet service providers, health clubs or insurance comp~
These transactions may continue' to be charged}o your
~c~-m?r imrll ?u ehan~e the billlns. Also. if we beiIevr.
have authorized a transaction or are attempting to use~
account a~er you have requested to close the account, ,~
may allow the transaction to be charged ts.your account
We Mall Amend This Aoreement
We may amend this Agreement at any time. We may
amend it by adding, deleting, or'changing provisions of 1
Agreement, When we amend this Agreement we will cot
with the aF~licable notice requirements of federal and.
Delaware la# that are in effect at that time. If an amend
gfves you the opportunity to yeject the cha~ge, and It' you
the change In the.manner provided in such amendment, ~
may terminate your right to receive credit and may ask y
return all credit devices as a ton'dRies o/your re)cotton.
amended Agreement (including any higher rate or other )
charges or fees) will apply to the total outstanding balar
including the balance existing before the amendment betas
effective. We may replace your card with another card at an!
We May Sell Your Account
We may at any time. and without notice to you, sell, a
or transfer your account, any sums due on your account,
Agreement, or our rights or obligations under your acoo~
this Agreement to any person or entity. The person or e
to whom we make any such sale. assignment ar trans[er
be entitled, to ail of our tights and/or obligations under I
Agreement. to the extent sold, assigned or trans[erred.
Your Credit Limit
Your credit limit is disclosed to you when you receive
card and, generally, on each monthly statement. We ms
change your credit limit from time to time.
The amount shown on your monthly statement as Ca
Credit Available does not take into account anyPurchas
Cash Advances, finance charges, fees, any other transaCi
or credits which post to your account alter the Closing [
of that monthly statement. Such transactions could re~
your credit limit being exceeded and result in the asses~
oi~ Overlimit Fees.
What We May Do if You Attempt to
Exceed Your Credit Limit
The totel outstanding balance on ¥ouraccount plus
limit. If you a~empt a transection which resuks in your t0tal
outstending balance [plus authorizations) exceeding your
credit limit, we may: (l) permit the trsnsec~ion without raising
your ~edit limit: (2) permit the transa~ion and treat the
amount of the transamion tha~ is more :hun ~he credit Iimit
If we refuse to p~k a Check Cash Advance or ~alance
Transfer, we m~y do so by advis~n~ the person presentin~ the
Check Cash Advance or aalance Transfer that ~edit has been
refused, that there are insufficient funds to pay the Che~
Cash Advance or Balance Transfer, or In any other manner.
If we have previously pe~JEed ~u :o exceed you~.c~it [imk.
it does not mean tha: we wiU pe~Jt you to ~c~ your ~ed[t
lJmR again. If ~e deci~e to pe~i: you to ~ceed ypur ~t Jim L
we may cha~e an Overlimi: F~ as pm~d~ n this ~r~me~:.
Please noti{y us immediately of the loss. theft, or possible
uneuthorized'.L~e of y~ur account at I-~00-42 I-2110.
You Must Notify Us When You
Ctian~e Your ^ddr~s$
We strive to keep accurate records for your benefit and ours.
The pc~t office and others may natl'7 us of a change to your
address. When y~u chan~ your address, you must notify us
promptly o~ your ~,ew address.
W,fiat Law Applies
This Agreement is mede in Delewere end we ex~end credit
to you from Delaware. This Agreement Is governed bi' the
laws of the State of Delaware (without regard to its conflict of
laws principles) and by any applicable federal laws.
Tlie Pro~islons of This Agreement
are Severable
I[ any provision.of this Agreement is found to be invalid,
the remaining provisions will continue to be effective.
O__ur 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.
A_rbitratlon.and Liti~ation
This Arbitration and Litigation 'provision applies to you
unless you were given the opportunity to relect the ~'bitration
and Litigation provisions and you did so reject them in the
rna:nner and timeframe required. I{YOu did reject effectively
such a provision, you agreed that any litigation brought b7 you
against us regarding this account or this A~raement 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 assigr~ of the
other, arising from or relating in any way to this Agreement or
any prior Agreement or your account (whether under a
sta,:ute, in contract, tort, or othe~ise and whether ~or money
damages, penaitius or declaratory or equitable relie~, including
9
Claims regardin~ the applicabilit~ of this Arbitration and
Litigation Section or the validity ol' the entire A~reement o
any prior A~reement. shall be resolved by bindin~ arbi~rati,
The arbilratfon shall be conducted by the Natfonal Arbitrat
Forum {"NAF']. under the Code of Procedure in e~[e~ a~ ~he
the Claim is ~led. Rules and torres o[,the National A~itratio~
Fo~m may be ~btain~ and Claims may be ~[]~ at any. Natic
Arbitration Forum o~fica. ~,ar~fn~m.com. or RO. 8ox
Minneapolis, MInn~so[a f340~, ~elephone 1-800-~74-2371. ff
NAF is unable or unwillin~ to a~ as arbitrator, we may
st~ut~ another nationally recognized, indep~nden~ arbitrat
organization.that uses a similar ccde o[ procedure. At you
written raques~, we will advance any arbitration ~lin~
administrative and hearin~ ices which you am required to
pay to pursue a Claim in arbi[retion. The arbitrator
decide ~ho will be ultimately responsible for payinE thos~
ar'battalion f[[inE, administrative or hear[n~ ~ees in an amo~
steerer than wha~ your cou~ costs would have been i[ the
Claim had been resolved In a sta~e cou~ with
Any arbitration hearin~ at which you appe~r.wll~ ~ak~ place
within the [ede~l ud ca[ dimrim that incl~ your billin{
address a~ t~e time the Claim is i ed. Th' s arbitration
commerce and shall be governed by the F~m
A~. 9 U.~.C. }{ 1-16 ("F~'). ludgmedt uFon a~l arbi~ratk
award may be entered in any cou, ha~n{ lurisdi'~lon. The
arbit~tor shall follow ~isting su~mnti~ law to ~e e~ent
consistent with the F~ and appli~ble statut~ o~ limitatioe
and shall honor any claims or pH~leg{ r~o~ized'b~ law. ~lf
pa~ reque~s, th~ a~itrator shall ~rite an opinion.containi~
the reasons for the
Ho Claim s .bmi~e~ :b arbitration Is heard.b~ a iu~
no Claim ma~ be brought as a class a~ion ores a pflvate
attorney {choral. You do not have the rliht to a~ as a cia
r~pf~sentaflve or pa~[cipate as a member o~ a class ~
c]atmants wi~h respe~ ~o any Claim. ~is Arbi~ration and
L t ~a~e~ Section applies ~o all Claims now in existence o
tha~ may arise in the
This ArSitrat~on and LIti~ation Sect~o~ shall su~ive the
pa~ent o~ the de~ in lull by you. any ban~r~pt~ by
sale o~ ~he deS~ by
Fer [he pu~ses o[ this Arbitration and Litigation
· we" and "us" means MBHA Ameri~ Bank. N.~. I~ parent
subsidiaries, affiliates, ]ice~sees. predece~om, successor~
assigns, and any purchaser o~ your account~a~d all o~ thel
off[cera, dirac=om, employees, a~ents ahd assigns or a~y a
all ~ ~hem. Additienally;'we" or "~s' shall mean any thirc
pa~ previdi~g benefits, seffices, or produ~ in conne~lc
with [he accoun[ ~inctudlng but no[ limited to cmdR bur~
merchants that accep~ any crad[t device Issu~ u~der the
account, r~wa~s or enrollment s~ffic~, cradi['insu~nce
companies, debt colle~ors and all o[ their o[~cers, direct
employees and age~l il. and only il, such a third pa~ ~s
named by you as a co-de~e~dant in any C ai~.~ou
I[ any pa~ e~ thi~ Arbitration and Li[igation 5e~ion is
[ound to be invalid or unenforceable under any la~ or
c~nsist~nt with the F~, [he remainder o~ ~ts Arbitration
Li~i~atio~ Section shall ~e en[o~eaNe wi~ho~t.re~ard to
inva[idi[y or unen[orceabili~.
THE EESULT OF THiS AE~[T~T~ON AGREEMENT I~
EXCEPT ~ P~OVIDED ABOVE, C~IMS ~NNOT BE UTI
GATED IN COURT, INCLUDING SOME C~IMS THAT cOU
10
iCRED1T INSURANCE BENEFITS,
!LIMITATIONS, COSTS & EXCLUSIONS
!CONS. UMER PROTECTION.DISCLOSURES ·
I CREDIT INSURANCE I$: NOT A DEPO$1T;"NOT FDIC-
INSURED; NOT INSURED BY AN~ FEDERAL GOVERNMENT
~AGENCY;.A.ND NQT GU~E~D BY THE
{PURCHASE'OF CREDIT ]NSU~CE IS NOTA c6N~ITION'
OF O~TXIN1NG C~DIT. IF C0~G~ IS DESIRED, IT
~Y BI~ PUR~ASED E~HE~.
i Credit'lnsuranq:q pays,y, our.minlr~um monthly payment'
i up to your balance on the date o'f Ides {not to exceed S25,000,
l except ~:[isabi{I~7 in ~N). un~il ~o~ re~u~ ~o work
~ i~vdluntar~ly unemployed. ~o~allv d~sable~, or i~ you or your
~ spouse takes covered [emily I&ave: Cr6dR Insure'nco also
pays your insured outstanding'balance up ~o th~ least o~ your
outstandin8 balance, your credi~ limit {not AL, ~, AR, DE.
i WA, ~ & ~), or $2~.000 if you die. ' ' ' '
~ Ell~llbiliN: One insured per account {insured muCh'be the'
eli~iblel, under a~e 66 {70 in ~., NV &V~ 71 in
MO & OK= 72 in NMi. Your coverage ends at thes~ same a~es
~4~cept ~am~ly leave n ~,.~ & SD & unemplo~en~). 'When
..enralIed, ce~lficates will be mailed ~lainin~ ybur
& e[f~ive dale. In MN, unemp oyment ~vera~e is effective
~ 6 i days ~rom your ce~ifl~te effeCive ~te. For
~ or family leave b~ne~its, you must'be ~ainfully emploT~ '
wor~n~ a~ [eas~ 30 h~wk (no~ self,emp[o~ or an [~dependent
~ cantmO:orl ~or 90 co :~cutN~ Says before the date of loss '
J {CO - before applkatioh date]. {PA - on the date ~ loss},
'{~ - before coveras~ effe~ive dare'for unemplo~m{nt}.
~ Employees of pm[essional co.orations may be eil{ible.
· death; lnvo untau unemp oyment due ~o]ob loss, {eneral
; strike, unionized labor dispute; or lo.out 'total disability due
I to sickness or inluu ii you are unable to perform the material
[ & substantial duties or your lob lot any lob a~ter i2 mos. in
~ PA:' 18 mos. in AL, ~, AR, ~, DE, DC. GA, Hh ID, IL, IA,
~, MD, MN, MS. N%;NJ..ND, OH, OK, RI, SD, TN,
WI & WY): your or your spouse's unpaid leave o{ absence
rom employmen~ due to ~re of your new~m or n~ y adap[ed
[ child or an ln~padta~ed immediate {amily member (m~s~
[ spouse, child. ~ep~ild or parent in ~): m~n~tou r~ll to
~ active milltaU du~: [uU duu [~cept in AKh or residence
i a [edemlly declar~ disaster.area. Loss (not death] must
I continue at least 30 days be[6ra benefits ~esin. In
; s~rikes .unionized labor disputes & lockouts youmus~ be
unemployed [or 7 consecutive wee~ & quali~ [or sm~e unem-
I plbyment benefl[s before behests be~in. A dally bene~
{ paid'[or each day of loss o~er 3~ da~ [0r anemployment In
: NY & PA. and disabiliu tn ~, CT, GA NY MI, PA.
~ You may ~ncel this covem{e at any time. I~ ~nceled within
[ the ~rsl: 30 days o~ covera{e, all premiums will ~ r~funded.
~ ~cl~=sloas: Li~e: suicide.id the flint 6 months;.o~.coyera{e
~ mot MD & MO}. ln~iun~au Unemployment: retirement,
~ rest{nation, volun~a~ [o~[eiture o~ income or lob loss
[willful or criminal misconduct, di~bili~. ~kes {n 'IL.' mill[au
: discharge in NY & normal seasonal unemplo~ent In'~.
: DlsabiliiU: normal pre~nan~ or chiIdbi~h {na~ ~.
; intentionally se[f-ln~li~ed injuries {nat MD). or a pr~exis~in{
i medical condl[ion dufin8 ~irst 6 months o~ Coverage (not NI).
reoeiving unemployment benefits or are disabled.
This is only a brief.description of coverage, anc~ coverages
vary by state. Please refer to your certificates for a full
ex::)lanatlon of coverage.
costs ~er ~ 100 Der Month of Averaae Daily Balance~ '
CcSiS apply IO LI[~ iL}. Dl~abiliiy iD). Unemploymen~ (O) ~
Family Leave (F): AL ~4,~: AK 78c: ~ 99.9c: AR ggc; ~
89.9c; CO f0.66c; CT 4~,89c;.DE gL.ge; DC gg.gc; FL 8ge; GA
90.8c: HI 8g,91c: ID g9,5c (~ ~:~c. D ]&gc, U 54~, F 20c }; iL
8O.g?c; IN 9Oc; IA 97.8c (L ?.'2C', D [&6c, U 54c, F 20c); KS
85,47c; KY 97.4c; ~ gg.93c; ME' f3.05c;'MD 7g,74c; MA
MI 85.7c; MN 3[.47c; MS 9~.5c: MO ~l,lc; MT 93.g¢: NE
95.8c; NV 99.87c; NH 95c; N] g?c; NM 38,9c; NY 52.5c iLS.dc,
D 2&8c, U 16,9cj; NC ?l.~c; ND g4,97c; OH 99,gc; OK 97,47c;
OR 80.8c; PA 38.1c: PR 9g~'; RI 99,8c; SC 78,8c,, 5D gL.ge;TN
92,5c; ~ 33.7c (L 4.8c, D i2,gc, U I~cJ; UT g0.44c; ~ 34,g2c
(L ~,~8c. D 12.24c, F 16c); VA 84¢ (L 6,1c, D 8.ge, U 49c, F
20c): WA 8g,39c; ~ 9g.~c: WI 93.~c (L 5,7c, D &ge, U 5ge, F
~ Involunta~ Unemployment Is not available in
~k or ~. Family Leavm is not available in AL, ~. ~, MD,
MN, NM, NY.
~e~[itln~ Cam~aaie~oll~: Involunta~
U~employment: American Security/LOll5/85), LOI NY(3/~3),
A~ LO1 TX(I 1/99), LOI¢-IP-KS(2/96),
and LOIC-IP~ Standard Guaranty/$G LOI (5/~) {NH only).
gila ~. Disability: Union Security Life/L-]-?~. L*$-G in AL., AZ.
Al~:. DE, DC, ID. IL, IA, K~, LA. MD, MN, MS, NV, ND,OH, OK,
EL SD, VT.,WA. WV & WY: Standard Guaranty Life [TX only)/
L-I:-Z(8/92){3.53P.A). Fimt Fortls Life (NY Life 0nIy)/NYL.M0013
A~erlcan Security (NY Disability onlyY'N-S-A. Fortls
Inuurance {ME ~.h]y}/U-~ ~. Family Leave: American
$ecurlty/FLP (4/g7), FLP-FL(12/9?) In FL, FLP-N¢ {3/98) in NC:,
FLP-OK[4/9?) In OK, FLP-VA[2/98) In VA, FLolp(AZ){?/98) in
AZ. FL-IP(4~7) in IL, & IN, FL-IP-KS {12/97) In KS, FL-IP-ME
[4~9g) in ME; FL-IP-WY(4/97) In WY; Standard Guaranty/FbP
14/~)?l in NH; Union Security Life'FLP-'VTI4/9?) in VT, $olidtin[
agents for Mississippi and Florida are Charles NL Gordon and
Pamela Curds respectively,
The creditor may receive compensation in cermet:ion with
this offer.
it is a crime to provide false or mlsleadln{ Information to an
in=surer for the purpose of detraudlng the insurer or any other
person, penalties include Imprisonment and/or ~tnes, In addition
an, insurer may deny Insurance behests if false Information
m~arerially related to s claim was provided by the applicant.
· Less past due and over credit limit amounts. In MI, cover.
ai',e pays 5% of the balance on your date of disab!lit7 up to
$I 250. In OR, coverage pays the.greater of 1/36th of the
anco or the currant minimum payment due on your date o[
loss. In NY & PA. coverage pays the minimum payment due
on your date of lose n TX. coverage pa~ the ~feater o[6%
your insured outstandin~ balance On your date ot~ unemp oyo
meet or your minimum monthly payment.
· "The hurdler of monthly benoit payments ~[I not exceed 9
E,r family leave: 12 for unemployment in AL, A~, C~, IL, Mt, MH
[',t,O. NM. NC. NY, PA. SC: & TX; 12 for disability in AK, CO. CT.
FL. Ky, MjL MO, MT, NE, NH, NM, NC, OR, 5C, UT & VA.
NY. lq] & TX Resident~ Only, To purchase coverages separate~
wrtl:e to Assurant Group, R O. Box ~03:i~. Atlanta, GA 30302-
Applications will be sent to you. _
12
EXHIBIT "B"
.T_o...~.~g.,~ ,CREDIT CAI~D AGREEMENT
Thee Amen .dments ~ange_the,t~'ms of y,~,ur _C,,p_.~l~ard Agre .~ment. Me~sq.m~d Lht.~ '
. . g
· ~ffec~ ~18, 20g0, y~r M~nimum ~m~ntwill,~ ~lcul~t¢ as. fdlow~ ~a Toal M~ Im~ P~
eyeful s . . me~ff~n~.
· Yo~.~nsent Jo and~o~ ~lB~ ~erica, ~y of.its affiliate, o~ b meaning as=~ia~s ~ mo~
~of r~ ~y ~your~l~none ~vemauons wire ~r mpm~n~ or ~e ~enm~es o~
mose ~m~leS,
· ~ ~r~d~ In yqur Cr,~jt Ca~ &~m~ and under Dela~re law, ee ~e ~andfng the (
cema reem~Jmin~m~a an~l o~on '
H g . Pl~se r~ [tcar~ lybe~nseE will at
g~go~u j~CIU n ~ n tyoa~ ha~havea u~J ~ead, o~(~nd
~S orassm~s oT me ~eg ~sing ~m or ma~ng~n a~ w~ ~
~0~ O~ ~ ~lal~ OT ~e e~ Ag~m~E 0r any p~0rAg~enJ
~ ~Roo~mm~m ~ ylng~lz~. Innoeventwi
~uva~ u[tgm~ ~ lg~l
nm na~ me ngnt m ~ct as a cla~ ~e ar ~mcJ~[~ as a~
~a ora~ of ~lai~anm ~ r~tto any Cf~m. This~m~on 8~on ~ not ~ply ~.g
the o~er, oraga nst ~]e
sAg.reAm, eot or any pn.0r
3g wnemgr Ter.mom¥ camages~
I ~,~li~b~ ~ ~i~ ~i~,
Snal ~ m~v~
n ~o~D~ oboe,
rum.mm. ~P.O; BoxY191,
~m ~ao8.~9n
· ~aon. I ~ a~lFa~WlU ~Cl
u be ~ ~ ~mb~e
}ur ~i!~ a~ at me ~me tm
~yoNng ~n~te ~o~e~,
Ju~ment~ ~y ~on,
3t~on ~ml~ me r~fl~ to,
· EXHIBit
,'
L ALL-sTATE® INTERNATIONAL
p~mant of ~he debt in full ~y you, any bank[up[¢y by yo~ or ~le of ~e debt by us.' ....... ,
F~b~
offim~, ~9~, em~l~y~ ~agen~ if,.ando~ly E~su~h a thi~ ~.i~ ~a~by.~[as a ".
If my pa~ ~.[h[s ~on 8~n [~ ~ ~,~.~nKalidgr ugenfqm~Je up~r aD la,,or s~te
~s~n~ w[~ ~ F~ ~e ~.~[n~ror mm ~a~on ~ecaan snail ~B emomea~e wt~u[ ~a~
~cn Jn~ or
THE RESULT oFTHIS ~IT~TION
CA~NOT
BEFOREA JURY, AS C~8S AC~ONu OR AS P~VATEA~ORN~ GENE~ACTION8,
~y~ do ~t~i[h you~ a~t ~ b~ subj~ [~ C~s ~i~Eoq ~e~n, you mint w~te .to u(.~t M~
m~i~yo~rat
Will ~0[~
~ 1~99 MBNA~e~¢a B~k, N.A.
EXHIBIT "C"
12385
NOTICE OF ARBITRATION
Dear Respondent,
AN ARBITRATION CLAIM HAS BEEN FILED AGAINST YOU.
Enclosed and served upon you is the Initial Claim. You may obtain a copy of the Code of Procedure,
without cost, from the Claimant or from the Forum at WWW.ARBITRATION-FORUM.COM or
800/474-2371.
1F YOU DO NOT SERVE THE CLAIMANT AND FILE WITH THE FORUM A WRITTEN
RESPONSE, AN AWARD MAY BE ENTERED AGAINST YOU. AN ARBITRATION AWARD
MAY BE ENFORCED IN COURT AS A CIVIL JUDGMENT.
YOU HAVE THIRTY (30) DAYS TO RESPOND FROM RECEIPT OF SERVICE.
You have a number of options at this time. You may:
1. Submit a written Response to the Claim, stating your reply and defenses to the Claim, together
with documents supporting your position. Your Response must be served on the Claimant and
filed with the Forum. Read Forum Code of Procedure Rule 13. A Counter Claim, Cross-claim
or Third Party Claim may also be served and filed, and accompanied by the fee as provided in
the Fee Schedule. Forms for such Response and Claims may be obtained from the Forum. If
you fail to respond in writing to the Claim, an Award may be entered against you and in favor
o£ the Claimant and you will lose your case.
Demand a Document Hearing or a Participatory Hearing. You may request a Hearing in your
Response or in a separate writing. Unless you have agreed otherwise, an In-person
Participatory Hearing will be held in the Judicial District where you reside or do business. You
may also request a hearing on-line or by telephone. Your written Request for a Hearing must
be filed with the Forum. You must also serve a copy of your Request on the Claimant and any
other Parties. Read Forum Code of Procedure Rules 25 and :26.
3. Have other options. You may seek the advice of an attorney or any person who may assist you
regarding this arbitration. You should seek this advice promptly so that your Response can be
served and filed within the time required by the Code of Proeedure. If you have any questions
or need help in responding, you may contact the Forum.
The Forum is an independent and impartial arbitration organization, which does not give legal advice
or represent parties. THIS SUMMARY IS NOT A SUBSTITUTE FOR READING AND
UNDERSTANDING THE CODE OF PROCEDURE WHICH GOVERNS THIS ARBITRATION.
The Forum
P.O. Box 50191
Minneapolis USA 55405-0191
(651) 631-1105 (800) 474-2371
info@arb-forum.com
ARBITRATION-FORUM.COM
62A
NAFCL5/NAF1
12381
IN THE
NATIONAL ARBITRATION FORUM
CLAIM
MBNA America Bank, N.A.
c/o Wolpoff & Abramson, L.L.P.
Attorneys in the Practice of Debt Collection
Two lrvington Centre
702 King Farm Blvd.
Rockville, MD 20850
USA
CLAIMANT,
RE: MBNA America Bank, N.A. v Doreen L Charron
Forum File Number: FA0208000123478
Claimant File Number: 0098628101
Account No.: 4800137142308935
Cardmember Agreement Type: AGMT90
Doreen L Charron
1063 IIURON DR APT C
llarrisburg PA 17111-8004
RESPONDENT(S),
RESPONDENT(S): THIS IS AN ARBITRATION CLAIM AGAINST YOU FOR MONEY OR OTHER RELIEF. YOU
HAVE THIRTY (30) DAYS TO SERVE TI~E CLAIMANT WITH A WRITTEN RESPONSE. IF YOU DO NOT SERVE
THE CLAIMANT AND FILE WITH THE NATIONAL ARBITRATION FORUM A WRrlTEN RESPONSE, AN
AWARD MAY BE ENTERED AGAINST YOU.
For a Claim against Respondent(s), MBNA America Bank, N.A. ("MBNA")
states:
1. By way of contract and retention and use of the credit account issued by MBNA
Respondent(s) became bound by the terms of MBNA
Cardmember Agreement (hereinafter the "Agreement").
Respondent(s) is/are in default under the terms of that Agreement and is/are now indebted to
MBNA in the amount of $3026.93 , as reflected in the attached account
summary, plus interest at the rate of 6.00% from the date of filing and $19.41 as of the date of filing.
Despite repeated demands, Respondent(s) has/have not paid the amounts due
4. Claimant requests an Award for the amounts reflected in Paragraph 2, plus A~[torney Fees of
$454.03 , and all arbitration fees, as incurred.
5. The instant contract is governed by Delaware law which specifically provides that an attorney fee in the amount up to 20%
may be assessed on an unpaid claim if the agreement provides for it. In this matter,
MBNA seeks only 15%. The Agreement attached to the Claim between
MBNA and the Respondent(s) on page 7 (When We May Require Immediate Payment)
provides thatMBNA may assess a reasonable attorney s fee 'fwerefer your account for
collection to an attorney who is not our salaried employee". Wolpoff & Abramson, L.L.P., counsel for claimant, arc not
salaried employees of MBNA . See, 10 Del Code Sec 3912 (Pleading and Practice).
62A
NAFCLA/NAF1
12382
6. The Agreement between the parties contained an arbitration provision that stated, in pertinent part:
"Arbitration: Any claim or dispute ("Claim") by either you or us against [he other, or against the employees, agents
or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or your account
(whether under a statute, in contract, tort, or otherwise and whether for money damages, penalties or declaratory or
equitable relief), including Claims regarding the applicability of this Arbitration Section or the validity of the entire
Agreement or any prior Agreement, shall be resolved by binding arbitration.
The arbitration shall be conducted by the National Arbitration Forum ("NAF"), 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, www.arb-forum.com, or P.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 recognized, independent arbitration organization that uses a similar code of procedure. At your written
request, we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay to
pursue a Claim in arbitration. The arbitrator 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 j urisdiction.
Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing
address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate
commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Seca 1-16 ("FAA"). Judgment upon any
arbitration award may be entered in any court having jurisdiction. The arbitrator shall 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 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 will 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 Section does not apply to Claims between you and us previously
asserted in any lawsuits filed before the date this Arbitration Section becomes effective. However, this Arbitration
Section applies to all Claims now in existence or that may arise in 'the future.
This Arbitration Section shall survive the termination of your acconnt with us as well as any voluntary payment of the
debt in fifil by you, any bankruptcy by you or sale of the debt by us.
For the purposes of this Arbitration Section, "we" and "us" means MBNA America Bank, N.A.
its parent, subsidiaries, 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. 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 bureans, merchants 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 if,
such a third party is named by you as a co-defendant in any Claim you assert against us. Also, for the purposes of this
Arbitration Section, "you" or "yours" shall mean any person or entity approved by us to use the account, including but
not limited to all persons or entities contractually obligated on the Account and all authorized users of the account.
If any part of this Arbitration Section is found to be invalid or unenforceable under any law or statute consistent with
the FAA, the remainder of this Arbitration Section shall be enforceable without regard to such invalidity or
unenforceability.
THE RESULT OF THIS ARBITRATION SECTION 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 ATTORNEY
GENERAL ACTIONS."
62A
NAFCL2/NAF1
12383
Thc undersigned asserts, under penalty of perjury, that the information contained in this Claim and the
supporting documents attached hereto are accurate based upon infermation provided to the
undersigned by his/her client.
RESPONDENT(S) MUST SEND A WRITTEN RESPONSE TO THE NATIONAL ARBITRATION
FORUM, WITH A COPY TO THE CLAIMANT, WITHIN 30 DAYS OR AN AWARD MAY BE
ENTERED IN FAVOR OF THE CLAIMANT.
Ronald M. Abramson, Esq. (Admitted:
Barry E. Gordon, Esq.
Ronald S. Canter, Esq.
Connell A. Loftus, Esq.
Matthew P. Linkie, Esq.
Counsel for the Claimant
MD, DC, MA)
(Admitted: MD & DC)
(Admitted: MD, DC, FL)
(Admitted: VA, WV, DC)
(Admitted: MD, DC, VA)
Claimant Contact:
Wolpoff & Abramson, L.L.P.
Counsel for the Claimant
Attorneys in the Practice of Debt Collection
Paralegal Department
Two Irvington Centre
702 King Farm Blvd.
Rockville, MD 20850
USA
1-800-830-2793
62A
NAFCL3/NAF1
12384
SUMMARY OF ACCOUNT INFORMATION
ACCOUNT STATUS REPORT
Current: 08/26/2002
Account Number: 4800137142308935
Cardmemeber Agreement: AGMT90
Primary Account Ilolder: DOREEN L CtIARRON
Address: 1063 IIURON DR APT C
Ilarrisbnrg, PA 17111-8004
IIome Phone: (717) 558-9565
Work Phone: 0000000000
Social Security Number: 016629772
Secondary Account Ilolder:
Address:
Ilome Phone:
Work Phone:
Principal Balance: $3026.93
Interest Rate: 6%
Date Assigned: 07/15/2002
62A
NAFCL4/NAF1
EXHIBIT "D"
MBNA America Bank, N.A.
c/o Wolpoff & Abramson, L.L.P.
Attorneys in the Practice of Debt Collection
702 King Farm Blvd, Two lrvington Centre
Rockville, MD 20850-5775
CLAIMANT(s),
RE:
Doreen L Charron
1063 HURON DR APT C
Harhsburg, PA 17111-8004
NATIONAL
ARBITRATION
FORUM ®
AWARD
MBNA America Bank, N.A. v Doreen L Charron
File Number: FA0208000123478
Claimant File Number: 4800137142308935
RESPONDENT(s).
The undersigned Arbitrator in this case FINDS:
1. That no known conflict of interest exists.
2. That on or before 08/23/2002 the Parties entered into an agreement providing that this matter shall be resolved
in accordance with the Forum Code of Procedure.
3. That the Claimant has filed a claim with the Forum and served it ou the Respondent,
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 $3,608.68.
Entered in the State of Pennsylvania
Lawrence L. Dieker, Esq.
Arbitrator
Date: 11/19/2002
ACKNOWLEDGEMENT
This Award was duly entered and delivered to the
parties on this date.
]Honorable Harold Kalina
Director of Arbitration
11 / 19/2002
IN THE COURT OF COM~[ON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
DOREEN L CHARRON
Defendant
NO. 041826
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
l, Amy F. Wolfson, Esquire, do hereby certi~.! that I served a copy of the foregoing
Plaintiff's Petition to Confirm Arbitration Award upon the Defendant, by First Class Mail,
Postage Prepaid, a copy thereof on this /~ day of ,_~-~ ,2004, to:
Doreen L Charron
101 Meals Drive
Carlisle, PA 17D13
Respectfully submitted,
A ~ll~son', I~sc~ire
WOLPOE]: 6: ABR~MSON, LLP
Attorneys in the I~'actice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
ID No. 87062
Attorney for Plaintiff
JU ~'2~8 2004
IN THE COURT OF COMHON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
klBNA AMERICA BANK, N.A.,
Plaintiff
VS.
DOREEN L CHARRON
Defendant
NO. 04~ 826
CIVIL ACTION - LAW
_ RULE,~
AND NOW, this day of
~'bitration
consideration of the foregoing Petition to Coni
,2004, upon the
Award, it is ORDERED that
the parties to this action show cause, if any they have, why this Motion should not be
granted.
RULE RETURNABLE "~ays from the date of service hereof.
BY THE COURT:
Judge
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
VS.
DOREEN L CHARRON,
Defendant
NO. 041826
CIVIL ACTION- LAW
CERTIFICATE OF SERVICE
I, Amy F. Doyle, Esquire, do hereby certify that I served a copy of the Rule upon the
Defendant, by First Class Mail, Postage Pre-Paid, a copy thereof on this 14th day of July, 2004,
to:
Doreen L Charron
101 Meals Drive
Carlisle, P;213
ID No. 87062
Philip C. Warholic, Esquire
ID No. 86341
WOLPOFF & AEIRAMSON, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.,
Plaintiff
VS.
DOREEN L CHARRON,
Defendant
NO. 04-1826
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Amy F. Doyle, Esquire, do hereby certify that I served a copy of the Rule upon the
Defendant, by First Class Mail, Postage Pre-Paid, a copy thereof on this 22nd day of July, 2004,
to:
Doreen L Charron
101 Meals Drive
Carlisle, PA 17013
Amy F. Doyl~ssquire
ID No. 87062
Philip C. Warholic, Esquire
ID No. 86341
WOLPOFF & ABRAMSON, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
31
IN THE COURT OF COMMON PLEAS OF CUMBERLAND . COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A. : No. 041826
655 PAPER MILL ROAD
MAIL STOP 1411 :
WILMINGTON DE 19884-1411
Plaintiff
VS.
DOREEN L CHARRON
101 MEALS DR
CARLISLE PA 17013-3186 :
Defendant (s) :
PRAECIPE TO SETTLE AND SATISFY
PLEASE MARK THE JUDGMENT IN THE ABOVE-ENTITLED C~SE AS PAID AND SATISFIED.
Respectfully ~ubmitted,
By:
#87062
Daniel F. Wolt~son #20617
Bruce H. Cherkls #18837
Philip C. Warholic #86341
WOLPOFF & ABR~MSON, L.L.P.
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
Counsel for Plaintlff
cc: PLAINTIFF
DEFENDANT
07/29/04
PAPR2/PA176A W&A FILE NO. 98628101