HomeMy WebLinkAbout04-2929IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A., NO. try eZQ+Zp C_lvt 7i4--PY
Plaintiff
vs. CIVIL ACTION - LAW
J MARK BOVER AND DEBORAH L. BOVER
Defendants
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 may 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 money 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 ]as 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. Sl 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
ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSITANCIA LEGAL.
Cumberland County Bar Association Lawyer Referral Service
0 Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A., NO. Cy - a9.2?
Plaintiff
vs. CIVIL ACTION - LAW
J MARK BOVER AND DEBORAH L. BOVER
Defendants
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, J MARK BOVER, is an adult individual with a last known address of
2194 GLEIM CT, CUMBERLAND County, ENOLA, PA 17025-1496.
3. Defendant, DEBORAH L. BOVER, is an adult individual with a last known
address of 2194 GLEIM CT, CUMBERLAND County, ENOLA, PA 1 7025-1 496.
4. It is averred that Defendants were 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 collectively marked as Exhibit "A".
5. At all relevant times material hereto, Defendants have 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.
6. Defendants have been provided with copies of the Statements of Account
accurately showing all debits and credits for transactions on the aforementioned credit card
account.
7. Defendants did not object to the above mentioned Statements of Account
submitted by Plaintiff to Defendants.
8. Pursuant to the Credit Card Agreement, which Defendants 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.
9. That this matter was referred to Arbitration for determination and disposition,
whereby an Arbitration Award was entered against the Defendants 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".
10. That Defendants have made sporadic and irregular payments which have been
applied to the outstanding balance of this account.
11. 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 Defendants
and/or any authorized users is the sum of $ 24,966.31.
12. Despite reasonable and repeated demands for payment, Defendants have 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.
13. Plaintiff has retained the services of the law firm of Wolpoff & Abramson, LLP in
the collection of the amount due from Defendants.
14 Any and all conditions precedent to the bringing of this action have been
performed by Plaintiff.
15. 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 Defendants, J MARK BOVER
AND DEBORAH L. BOVER, in the amount of $24,966.31, plus costs of this action and such
other relief as the Court deems proper and just.
Amy F. W?Ifson, Esquire
Wolpoff & Abramso L.L.P.
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
Phone: (717) 846-1252
Fax: (717) 848-1146
ID No. 87062
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 statements 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: June 18, 2004
Amy F. Wolfson, Esquire
Wolpoff & Abramson, L .P.
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
Phone: (717) 846-1252
Fax: (717) 848-1146
ID No. 87062
EXHIBIT "A"
Credit Cara Ar?einent''
Artiirtronai.:T?rmg a?i Conditions
sI?lXs?t ?. , ?
9r:1?ri?a IVntice '%
' -' w;s. r ;' -; ?w• :,err . '. vr>wri.? :..... ,: ?
? ?'ffi,Accuracy?of'in}`o?iriation;?atnisii?i?tc ? ; t
;;:`Credit Repotting lgeitc a5;:w r i .........
Payments 01+.•?our?t4ount..:....-....:,..:.....6'
W i \ve May `4mei7Ci 7his'AgFeemert,; „,,;, :,9
ffif What [avx,gPPli?s
• :M?',i4iEiitratlo ? ' tge'tion?'•;n._;,1.;•.:.,j=
NFJ>.9?
Your Contract W' Us
your Credit Card Agreement with us CCnsistF of these
Additional tisms and Conditions and the domment eshed
y the 4aouimd Fcdoral 01mlosums or the,Nitlal Oisdolum
i You agto to the tarma and conditions of chis,Apeaatmr, For
the per pose d the PritoN Ivotke ws will use die debifts
eontalsud lathe cl,Q? pe W"TPh of the PmeyNoft for the
remainder of the Agreemenr, we will use the dohrutions
dmAbad under the smlon hording wares Wal0fmi Ix
This Agnemmr. '
iorfvuty Notice
Yout privacy Is important to tt^, At MBN& we ate
' committed to providbtg you with the boast Anmw
products and 3enri0m hacked by consfstentlywMus*
{ service' And while h MIstion about you !s fendamarcal
to our fbillB'to do fhb, ire fully reWphe the Importance
of keeping personal and account information secure,
To offer you the wldest ranee of products and serritxs,
MANS. may share tnfolmatlgn about you both within
-MBNA and outside of MBNA with othercompaniea,
I This allows us to offer you products and services that
may interest yod and best meet your ndeds, v6mar
they are available directly from MBNA or through our
i refer onships with other companies. We want you to
understand our information safeguards, what Information
s we collect, what Information we share, and the baneRte
1 ydt receive when We share information about you:
i This nodce desulbes the privacy pldctlw of MBNA
Cdrporatlon and all MONA affiliates, Including MBNA
America Bank, NA. MANX America (Delaware). NA.
1 Palladian Travel 5ervfors, lnt-, MBNA Hallmark
lnrormation Services, inc.. MBNA Marketing Systems,
Inc., and MONA insurance Agency, Inc, (collectively
i 'NSNA"), for financial products and services goSerned'
by the laws of the United States,of America, This
notice eaplafns MBXKs Information cvflectfon and
sharing Pracdoes and lets you choose whether or not
MBNA may share certain fr(formstion about you, either
i within MBNA or OUtsfde of MBNA with other com tames.
Our Secufla' Pr0cederes: MBNA understands the,
importance of protecting and aeMldng Information and
i ushtE it appropriately. Access to information about you
Is restyl=d to the people Of MBNA who requito It to
s provfdc product r# seNlteS t0 sort. We owintain p)urai-
cal, electronic, and pnooedt mf safeguards that comply
with federal standards fm *0 sesu rhy of trtfonnation,
when MBNA shares lnformadon about you wah
companies Outside of NON& we require them to
impose safeguards, use It only for a pormitmd purpose,
and to retam It w us or destroy it once that Purpose Is
served. we limit the amount of information shared to
what Is appropriate to offer a product or service effi-
ciently. MaNA taqulms any company receiving idlot-
mardon frog ME, 4A to clan a Confidentiality Agreement
containing th^sc requirements and Wiest! Nthat
cOnpany to y]rOtOd the infdrmatlOn as we would.
iufomna.;on we Col)i.i -MBNA:oltaas and uses
nonpublic personal information about you to conduct
our business and to consistently deliver the top-quality
Customer service you VOW from us. Sources of this
and to return It lu us or destroy It once that purpose Is
sorved, we limit the amount of information shared to
what Is appropriate to offer a product or service still. .
ciantly. MBNA requires any company receiving infor.
mation frog M6uA to sign a Confiders taiity Agreement
containing these requirements and obliestir4a that
coMpany t0 pr0ie,, We information as we would.
hdorrnv :ori Wc; CXeci NMN A colt-ttz and uses
nonpublic personal infortneti0n about you to conduct
our business and to consistently deliver the top-quality
Customer service you expect horn us. Sources of this
information include tho following:
• Information we receive from you on applications
and other forms or through your correspondence or
communication whit us Including through the mail,
by tclephone, or over the Internet:
• 111forfnatyon we receive from third parties. such as
consumer reporting agencies, to verify Statementa
you've made to us, or regarding your employment,
credit. or other relationships; and
a Information about you, transactions with MBNA and
-with other companies outside of MBNA.
Inforzrarian We Share Within MBNA: We may
share s)l of the information we collect about you with
tinandal service companies within MBNAto offereddi-
tional products or services that may interest you and.
best meet your needs. We believe this is convenient
for you and may save you both time and money. To do
so,we share idetttitloWein fril matibn (such as name
and address). iransacdon and experience Infomtad)on
(such as purchases and payments). credit eiigibillty
information (such as credit reports and awplications),
and other information. The derision to purchase any
such products or services fs yours alone. You mayseli to
not to share credit eilglbility infannaHon about you wide
in MBNAS but picric understand this does rot prohibit
us from offering you additional products and services or
from shams transaction and experlence, idendfiCatlon,
and other information within MBNA '
Information We Shane With Others. From time to
time, we may allow companies outside of MBNA to offer
you their products and Service$ that may Interest you.
These products and serviow may be offered by financial
service providers (such as banks, loan brokers. account
aggregators.Insuranceeoriss Insraancecompmm)es,
mottoes bankers, and seardtia bmMr-dedas). by
nardrnancfal companies (such as retailers. direct mar
ketem communlcaNone catnpanies, Internet service
providers, manulactumrs. seM= companies, travel
x
3
agents Cruise lines, car rental agenda, hotels, airlines,
publishers. and organizations endorsing MBNA financial
products or services), and others (such as nonprolit
orsanizations), Subject to applicable law, we may share
` all the information we 6ogpcrwlth these companies out.
side of msNA unless you teq us not to.
Additionally, we may share all the infannation we
collea with companies that perform marketing or other
services on our behalf or to other finondal institutions
-- with which we have joiiii marketing agreements. We
are also permitted by law to share information about
you with other companies In certain circumstances.
For instance, we may share all of the information we
cdilecc with companies ansisting us in servicing your
loan or account with companies that endorse our
produces and services through of ity agreements,
with government entities in rasponse to subpoenas or
regulators requirements, and with consumer reporting
t agencies. If you tell us not to share Information with
companies cutaide of m8M that wish to offer you
r their products and services, as described above. please
understand that we wl3 continue to Snare information
in these additional circumstances.
Important Informatlon About Your Chnlce: Were
i dediated to serving your needs - and to respecting your
choices related to privacy. you may tell us not to share
credit eligibility Information within MSN& and you cony
tell us not to share Information with companies outside
or MSNA that wish to ollaryou their products and Services
as described above. If you wish to opt out of such
information sharing, please all toll4ree f -86575 t-1255.
We will askyou to verify your Identity and the spedflc
accounts to which the opt out applies, so please have all
your account, membership, or reference numbers and
your Social Security number or 7gxpayer identification
6 number for deposit atcounts available when you cell.
MSNA applies opt outs at the account level, not by
Individual Cusmmer, when any person listed with others
i on an account cots out (for arample. a c o-appucara, joint
t account holder, or authorized user), we will list the entire
account as having opted out MBNA will contlnue to
adhere to its disclosed privacy pracdM for an account
even if it becomes Inactive or is closed.
An Op, Out from Infofmatl01) Sharing on an account
as described above, either within MBNA and/or with
compantes outside of M814A, remains affective unless
revoked in writinq. Federal reeuladoits requires oa to
provide this notice on an annual basis, whether or cot
an aaaoum has previously opted out from either type
7
a
}
T ?
of information sharing. Please ramembef when you
receive our subsequent notices that an account ptvviousl,
opted out from either or both VM of Information sharlnl
(and not revoked In writing) does not need to be opted
out Altair.
This notice updates and replaCas any previous
notices lrom MSNA about the prNacy. security, and
protection of information. For additional Information
r gardin& MBNr1's privacy practices concerning the
Inccmct, and to view the most recent version of this
privacy notice. please go to www mhna mm and d4ck
on "Privacy Notice." You may have other piivbq pro,
tections under state laws. We may amend this pdvaq
notice at any time, and we will inform you of changes
as required by law.
Words Used Often In This Agreernent
,Agreement, or'Croft Card Aereememr means these
Additional Tema and Conditions and the Required Federal
Disclosures tar the Initial Disclosure) and any Changes will,
make to those documents aom time to dmsL
-You- and your' mean Well and all 0 the Per&= Vivo
are granted, accept. or use an account we hold. ,You' and
,your also mean any other person who has guaranteed
paymtnt orthic account, when used In the sections entitled
iv; May Maslwr anrf Amend Tdephanr Calls and Arsloollon and
Utlpalion and when used in each of the sections relating to
puymont of this account mur Prauhr to Pay. and Haw Wit
Arfaalr Your Puymrets, for examplel.
ve, -u=,"our, and"MBNA Amence mean MINA
Amcdca Sank, N.A
Yard" means all the credit arch we issue to you and to
any other person with outhortteuon to use this a-m ht
pursuant to this Agreement.
"Accra eheda' means an attest check we provide to you
to make a Check Cash Advance on your account.
if we use a capitalized rem in this document but do not
dcAna the tarn In this doauhnaat, the term has the meaAlns
given In the Ronru rad Federal Olsdoeures or the initial
Diselavv=. or ey used In your monthly statehnenr,
We use aaden headings (such as Wards Ural Opm in TAB
Aanrurmll W O(eantae this AMCAUtnt. The AdWI rams 001133
Aereement are In the sentences that follow and ad Use htadlnF
Sign Your Card
You should sign your card before you use It
We May Monitor and Racord Telephone Cells
You consent to and authorize MatsAAmorko, any of tw
amlle=. at cos markedres asaodates; to monlw andhor rocosd
any of your takphona convowdpus with our tapraearrmoves
or the representatives of any of those companies.
cos ? a.-rsw?aA.r.
4. .r ant! . L`.::..
. f
1
Credit Reportine Agencies
YOU authorbe MBNA Amorta to collect infoonauon about
' you, including credit
teportSfNm COn?umerreportint: agarcioa.
r if you belleve we have NrnWLed inaccurate or inoompleee
.} Infonnacfon about you or your account to a credit reporting
7 agency. write as at: Meft CrodlikopoNMAgandait. Ra
L 3W17o74.wnmington.DZJM4-70N. Please Include your
name, address. tonne phone number, and account number
and expt:ln what you belleve 19 inaccurate or r--------
How to Use Your Account
you may obtain credit in the form of purchases and milk
Advances y.usingyour Aida. moos drada. acmWt auraMi
t or ottrsr credit deeici a, Places Teter toyour Required Federal
nbdoaures or motet Disclosure to determine what traoeso
• lions wnsdtuM pumhosis and Cash Advances and hm Wu
may obtain them, ^
7YayfsactYon Date forC.arUbit Casfa Advances
6 The transaction date for Chodt Cash Adriensia ones alum
f 7ranstes done by cheek Is the data you or the portion to
# whom the died is made payable but dnpoolte or cubes the
}
} chatk, The tromeealOO dZO tat a returned payment (Which
3 will then be classified sa a Bank Cub nthanco) is tine dote
n that the corresponding payment posted re your account,
IRWoses for,"UsIne Your Account
f You may ass your acrosnt for personal, fondly. or household
purposes. You may riot use your acaoumforbuainessor
J mmmaicioI purposes. You may not use a check Cash
Advdn=, or any other Cash Advance, to mace a payment on
y this or any other credit account with its. You may not use or
.i permit your account to be used to make any Instal tran»ctim
Persons Usiytg Your Account
if you oenm't anyporWrl to use yot ream. occcs checks,
j aumunenumbecor other'eradt4 vieawithtooauthorhationto
obtain crelit on Yom accounn you may ba liable for all vansea
Lions made by true person, inc adin4 tnnairtltons fw Arch you
( may not huve intended 10 be liable. euen It The amouru of those
. trnweiona cautdpyoue v44t Hato be aweeeded. Authorized
uaae of this amount may have the same smso to Information
{ about the account andutusers ustheaccount holdeea..
How 'You Mal Stop Payment on an
Access Check
4 You may request a stop payment on an access shed ypto.
f YldUag Uawtth the atrax duadr numbac dollar amOUM• and
f payee exactly ee theyappaaron the apse chock. Oval and
written stop payment requeao an an ammo chadt are dNww
for six morahsbom thederthat we Also the atop payment.
You May.Not Postdate an Accem Che4
t You may not Issue a postdated erase check on year
: occoun It you do postdate an Acros drecjs, We may deck to
y
s
?' 11
honor it upon presentmentor? tum it unpaid to, the person
who presented It to us for payment. without. in crthercese.
waiting for the date shown on the access eieck We ate not
Ita'ale to you for any loss or expense Incurred by you being
out of the =I= we sled to take.
Your Promise to Pay
You promise to pay us the amounts of al) credit you
oixaln, which includes all Purchatu and Cash Advances.
You also promise t7payu's 01a amours a fl:;,.aed
charges, fees. and any other transactions we charge against
your account, '
P_aunwnb on Your Account
You must pay each month at least the Total Mitiatiturn
Payment Due shown on your monthly statement by your
payment out Date. You may pay the entire amcwnt you we
us at any dare. Paymatra made In arty billin fade the an
teaster than the Tool Miolmuat Payment Due will npt *ea
• your collgation to take file next Total Minimum Peymriht
par. II•y0u overpay or Y then $ a aed8 WleierM aft yodr'
account, we will not pay Interm[ on adch amounts. We will
reject payments that are not drawn In Ds, doltars and thane
drawn on nnandal Instaudorhs located otna[de the United
Sister, payment of yourTbtol Minimum Payment Due my
not avoid the assessment of Overiimtt race.
Wfien Your Payment Will -Be Credited
to Your Account
We credit oaymerrts oa of the date received If the payment
is 11) revived by 2 P.M. (Eastern Time), fA) received at the
address shown in the upper left•haad comer of'the front of
your monthly statement,, 13) paid with a check drawn in U.S.
dollar on a U.S. Financial IrwtkUdon Or a U.S. dollar money
order, end 14) sent In rile return envelope with onb.the top
portion ayour statement accompanying it. Payments
revived after 2 p.m. on any day, Including the payment Due
Date. but that otherwise metttheobavv rcqufrements,will be
i credited as of the next day. Credit for any other payments
f may be delayed up to five days.
' Flow We Allocate Your Payments
we will allticsk your Payments in the manner we deter.
mine Inmost instances, we w411 albcue your paymems to
belanow, Ilne[udlnt new SmaaNoftsl with )owerAPRa be[ort
balances with higher MRS. This will result in new balances
with lower APRs Invest as those with promotion IAPR offers)'
being paid baton any other ededng balances.
PrOm(Se to Pay APplies to All Persons
All tlwsonowho Inithlily of subsactuendy re*M aaeot;
guanmty, or on the account an ladividually and t *Kkr
responsible for soil legal wrtstondine balance. We may Mfuw
to release from bobdRl my petboe who is aspopsible m par
any teal outstanding balance, Onto( all of the tares, tams
checks, and other credit davkm outstanding uneltr dw
6
I
I
V4
( account have been returned to us and any such person of
persons repars us the total outstanding balance owed to us
+ at any time under the terms of this Agreement.
De/afdt
You will be in dofautt d this Agreement th (t) you fail to
make any required TMOI Minimum Payment Due by no
Payment Due Dots; W your total etusta adhic balance
exceeds your credit unlit: or (3) you fall to abide by say other
'. firs or this Agreement. dOlSty lartM ptir,7o5SS Of datemun•
Ing ellwbility and premium payment obligadonsforthe
optional credit insvvanx purchased throuch nisi "me will
be doomed in default or daNnqueac If you fall to make a pap
ment within 90 days of your payment Due Data. Om faihue
i to a mi" any of our rights when you d.hpfe does not mean
that we are unable m esaeue'thoae right&nipon.laii i•trdaok
Wken We May Re lillre lntmedtafe Payygatt
If you are In default. we cart require immediate payment
of your total eutcandlag balance and. unless probliahed by
applkable9aw and aseai t as otherw6e pmvlded urKW%ha
l Ar6hmdse aid 1)apafion 5=140 0(11111 Agreement, we cars
aloe faqul" you to pay the ao¦aa we Ineur In star cw)ecftn
proceeding, as well as waaonabk attemays' taco It We rifer
r your account for collection to en attorney who is not our
{ calaried employee. ,
ottrer Pagntent Terfas
we can accept late payments, partial payments. or payments
t with any testrlQive writing without being any.of'our tights
I under this Agreement This means that no psymank Including
i those ma-ked with "paid in full' or with any other restrictive
i7 words, shall opera,,* as an atNrd and satisfaction without the
f prior written approval of wro•ef ourstunlor officers, You m?y
I not use a postdated cheek to make a payment. If you do
postdate a payment dark we may elect to honor it cep an
'i pissantment or return itLacredited to the person wile presented
't it. without, In either case, waitirry fo: the.data shown on me
check. We art: not limbic to you for any lot. or asperse
incurred by you at1st40 out of Cho action we elect to take.
1Pavoterit Hotidaiks
we may allow you, fmttrt time to time, to omit a mori ttly
payment We will notlfiryou whorl this option Is avaflabk. If
you omit s poymonc, finance chargrs and any applicable lees
r will accrue onyour account inaccordance wichthk
Agreement You must resume makingyourtowl Mlnimuia
'r Payment Due each month following a pwymant holidays
fi ',i'r'ayuactions Made ttt Foreign Citrrendes
rr gyou make nonumcdcri in a fargien currangc the transaction
i will be conwtS ed by Visa mtamaYwned or Manert std
International, depalruft on which card you use. into a D.9,
dogatamexmt b a=Dfdena With the epaMdM reguWMOr
conversion procedures in Off= at the time the the trensacdoln
ii is processed. Currentht those regulations and procedures
7
"«` a
law
provide chat the currency conversion rate to be used is either
(I) a wholesale market rate or (2) a gmemment•mandeted
rate in e4a one day prior to the procesol" due, [named
by one percent m each taatL Visa or MaUCCard fabling this
one percent as mmpensatlon forperlomr(ng the currancy.
conversion service. The Lvereacir conversion rate in OW on
the promssina date may differ from the rate m effect on the
transaction date or the posting date.
_ Billing Cycle
Your billing cycle and$ cwb month on a closing Den
deterirrdned by us. Fade bDl(nt bldg bogies oft the dgY ahv
the Clasen! Due nt the Dreviow 11MIA9 qde. Reds Ratertlemt
reflects a single billing cyda.
Account Fees and Charoes
,4ceount Fc= The lofowmg has, which are set forth In Most
Required Federrd'Disdoatms or Waal Dlaclasura, amcharM
as Purchases in the bfibtg cycle in whlehthe tooaccmk
(l) a i ate Fee if the Tptai Minimum PayMN4 Out shown oa
your monthly stucmefe Is not received by us an or hdqrs IN
Payment Due Datei ••
12) an Ovtrfm7[ Fie It your Now Baianee total am" raur
crecilt limit on the tact day of's billing cycle, even It fees or
finance charges charged by ua cause your Now Balance total
to exceed yodt credit Wait, in Overlitnit Fee is charged tc yow
account as of the day in the blilutg cycle that the total out-
standias belahee on lat racwunc exceeds yourcredf hmn:
• (3) a Returned Payment Fee U a oximic rrt on Youreooyuttt is
i raturntd for insufficient funds or for any other reason, even if
it Is paid upon subsequent presentment.
141 a Returned W sh Advance Check Fee it we nature an access
check unpaid for any reaeom, even If the access ohs* Is paid
upon subsettusht preaeatmenu • ,
15) a Copy F'ee lot each copy of a monthly statement oracles
dm;e, ampt that the au moat recent monthly statements and
six sales drafts will be provided for hew,, and
s ill an annual Fee Ify xv account is open oe iryou maintain
an account baeanot, whether you have active charglag privi-
leges or riot.
Abandoned-Prepe"y Charges: Unless pmhibkcd by
applicable law, we will charge your account. as a purchase
for any cosy incurred by us associated with mmpfyint with
state abmndonad-property, laws.
• Please review yaw Regtmed Federal Oisdosures or intrial
Disclosure for acldidonal fees and charges that may aMy to
• year artovnt.
?ene{!is
We may offeryou eKWn berie to and sets ww4h ywr
-=UnL Untsea cwmly w& a prt Of this Agreemaa, am
such benefits of services oft amt a pad of This AB MMM bra
. ' err,,bleu to the tams and restrictions outlined In uhe 1berAftl
1 brotdtum and otheromc4l clocumenb provided to you from
time w time by m enbebag of M ?A Amerra. wr may
k y rF.. _ ti«4'
F
We4
t
It
adivst. add, or drdete bonsftu and services at any time and
without notice to YOU.
Refusal to Honor Your Account
Wean not liable for any refusal to honor your account
This urn include a rduni to honor your card or aetaant n m law
or ant cheat written on your account. We are not liable for
am, retention of your aid by us. any other bank a any
provide- of goods or services. .
°],s May Sue-pea or Close YDUYACCOUliit
We may suspend or close yo uraccount or otherxintenninato
your right fobeeyalrrAOMU. We may dothlsatanytime
and for any Teasel Your obliyabens under this AgrftMftt
continue asst after we hew does this, You must denelf all
cards, access cracks, VA'mhW4nd1ydaAcW on the aaammt
when we request that you do so.
You May Close Your Account
You may close your aaroutu by notifying us'ln wridtg of by
telephone and de aroybtg all cards, access dtoeti. and other
credit devices an the saoourt. Your oblktatttns under arts
Agraomant eaminue awn afOrrym haW done dda.
Transactions Ater Your A[tnunt is Closed
Arhen your account is closed, you must contact anyone
,imhorked to charge bansaetions to your account such ea
inta`natservice proviuers, health dubs, or Insurance compa-
nias. These. ironsadhoni may continue to be denied to your
aaovnt until you dam-the billing. Alen, if we babas you
have authorked a tranaaMOn omit attempting to use your
account after you have requested to close uhe account we
may allow the uunsaalon W be ehargod to your account.
We Maiv Arnwnd This Miveyleent _
We may amend thisAweement at any time. We may
emend it by adding, deleting. or changing provisions of this
Ageemem. Whcn we amend this Agreement, we will comoly
with the apolicable norke requirements of federal and
Delaware law that are In eftectat.that firm. If an amendment
eves you the opportunity to rehdct the change; and 9 you
reject the change in. the manner provided in such aterahdmeet
we may terminate vow d& to receive credit and may ask you
to return all credit dcAca as a condition of your retedlan,
lire anandad Agreement (Including any hlgherv-rato or other
higher charges or fecal will apply to the total outstanding
balance, including the balance u+Asting before the amendment
became edecuve, we may replace your card with anaher
cord at any time.
S Mate seuYourAoWunt
we may of anytime. and Without mothers to you, sa. assign
w transfer your account. any mhms ttue on your aomrrnL this
Agreamanc or our rights is obligations under yogr accaame or
this Agreement to any Posen Of ergky, The pmsoo or 4rAT
to whom we make any such sale. asslgnmeor or trmtaee shag
9
t ?
t
Nr'e S` Y .I+
be ealuled to allot our rights and/or obligations under this
Agreement to the extent cold, assigned of transferred,
Your Credit Limit
Your trial limit is disclosed to You when you racclye your
card and, generally, on arh moethty statement. We may
chance your Cook limit hom time to time.
Thu amount shwm an your monthly statement as cash or
credit Available does not take Into account any Purchases.
Cash Advances 41121101 ehargea, feq: -* utherMi ssaionu.
o. dedlti that post to your account after the Clos)ns Dare of
that monthly statement. Such transactions could reauk in
your credit limit brine axcwd6d and tasult in the assessment
of Overlitnlt Fees.
What We May Do if YaM, Attefupt to
Exceed Your Credit Limit
The total outetandbts balance on yam amount plus
authornations at any time moat rout be more than your credit
limit. if you attempt austruseulon that tri In (n your tow
ougtanding balance {pins atrthodsationsl excluding yeut
credit lwt. we may (1) pemdt the tteneaction without Ighing
your credit limit, (2) Mrah the ttsnsi6lon and treat the
amount of the trartaacdon thatas more than the credit Iimh
as I.;tmediately dde; or (gi refuse to permit the kranaadlorr,
1: we:efuse to permit this transaction. we mayadvise the
Pelson who attempted the transaction that k has been refoscd
if we reluaa to permit a gibed Cash Advance or 8alanre
Tta islet lira may do so by advisirtg the person prafta tns the
Check Cash Advance Or Balance Tmrmref that credit has beef
refused, that there are insuficieat funds to pay the Chad Cash
Advance or Balance Tranda or in any other matmar,
if we have previously parmltted you to exceed Yew credit
limit, It does net mean that we will Pemyt you to exceed your
audit limit again, it we deeida to petmit you to exceed your
credit limit, %% Marv charge an Overlimit Fee as provided in
thfsAgreement.
Unauthorized Use of Your Card
please rotlb/ us immediately of the loss, there, or possible
unautborfaed use of your account at I-Wo-ace 1-0127.
YOU Mya )notify Us Wken Yogi chan'96
Your Mdress
we strive to keep accu ne records for your benefit and
outs. 7be post Office and others may nodry us of a change to
your address, When Yco change row address you must nodly
us promptly of your new address. ,
What Law ANpfteB
This Asrosmaat le made M DOWWVM and ere NRRtes daft
w you from Delawam TafsAgreemeM ld epvemed byft
Ian of me gwta of Calowate Mithout rapid act its Conflict of
laws ptinciplas) and by arty applie able fadeal laws.
to
l'
The Provisions of This Agreement Are '
'Severable
f Jlanyprovfsloo or this Agreement is found to be inveild.
11 !the remaining Drorlsions will tanNnua to be dtECtim
1 lour Rights Continue
Our iaelure or delay in elxreuing any of our ngbts under
i ith!a Agtetment does not mean that we art finable to exencize
'Arbitration oral i ;ligation
This Arbitration and Litigation provision applies to you,
E lunlessyou were even fie oppottllNq to MW theAyMmiletr
! land Cidgatlon prodsfdns, and you did so rc?eathem. in the
lmgn.-W and timebanw squired if you did tided e1leca,*
4. h a pPOWalott You oVwW that owlidption bwoughrby your
;against us teexdlnethis aaadnt or this Agncmant eMa b4
ibreught in a court located in the3tate dIDdawara.
Any claim a rrsptits (vCWWm) by eltWar you or us against
!the other, or against the emplapaa, 4*r&4 or Salim of the
other, arising from or relating in atryway to this ii reement of
.any prior Agreement oryour account lwhether undca
f statute, Jr, contrao; tort, or odwwlae and whether for tpo"
damages, penalties. or declaratory or equhAbre rehefl, InrJud-
i •!nii cairns regarding tie applicability of This Arbitration and
•Wdgation .action or Cho nlidRy or the entire Agreement at
'any pilot Afs'cemcnt, shall be maolyed by binding Arbitration.
'The arbldation shall be conducted bytlfa National
'Arbitration r'orum rNAPJ, dndor rho Codkaf procedum in
ieftec sir the time the palm Is filed. ItWes and lorots or the
-National Arbitradoa Forum MAY be obtained and CWMs may
'be filed at any National Arbfiration Forum otlke, wetwjurb!
rtim.eem. W so. Box 70191, Minnespolls, Minnesota 5MM.
nelephone 1-000-474-2211. Irthe NOIs amble, or umvllling
t co act As arb10'810r,we mayaulla IN(je another nat(onpiiy
;rapgnizod, independent i rb'dgtion organiratlon that uses a
1 ;Similar code otpncedure. At your written mquest,N'e will
iadvanra arryarbittatlon flung ke, Or adminiatmtlvc and heating
kes that you arcrequ;retl to pay w ptrrauea Clean 1n erbtsiatlon,
',The arbitaior *10 dedde who vrill bt vWinatety responsible
I 'forruy ng those lees. in no event w91 you be required to
'Feimburseusfor avarbitration filing. adminiganveorheaM
'ing fats It, an amount greater than what your coup wets
would have been If the Claim had been resolved In a alma
I ;wurtwith Jurledlalon, Arq'arbttnitlonhearingatwhnehyou
appear will tope place within the teWal ludWal Cupoll t that
mduday your billing oddreas at the time, the claim la filed.
.This arblLJtlort agreement 1s made pursuant to a Nanwttton
I lnwMne Inlet= mmmom, and shall be governed by the
} rredeolArWMM AM 9 UAC. (i4 tdd (-FM-L iodgmarrt
.upon arc wbitradon award may be emaned in any covet haw
Ins Jurisdiction. That mbltramrthan rendwexiseingtni6amm
i ;five lawto the client conali the wnh rho PM and appl cable
i 'statutes of Un tatk)m and Shan honor any dslmsor xMian
recognised by law. n an
y pang requests, the arbitrator chain
w
ty?, ?`?? Ye
F?
e
so- )'
write an optnlon.connining tae reasons for the award,
No Claim submitted to arbit"tion If heard by a jury, and
no Cairn may ht brought as a class action of ar a private
avomey egnera 1, You do not have the yight to act as g tipm
repreveniarive or participate as a member of a class of
claimants wltn respect to any Claim. This ArbilliMan and
u4maw section applies to all Claims now in axistena or
that may arise in the future.
• This Arbitration and Litigation section shall eurvivetbe
,. .. _ MminariOn of yourrccaunt wV.h us as well as any'roluntary
payment cf the debt in full by you. any bankruptcy try you. or
sale of the debt by us.
For the purposes of this Arbitration and Litigation awian.
'v.•e'and W moans MsNAAmedCt Bank NA, its VWM
subsidiaries, afalaates, Manages, Predeessots, suaarsM.
aul`ne, and arty purchaser of yourasaount. and all cif their
officers, diractors, amplgpase. asants, and aspamear any and
,iJ or them. Additioa t wa^ or W shah mean anythlrg
party prov'ding benNMB, services, or products In connection
wffh the seeount (including but cwt limited w credit bureaus,
tnerChaatS that accept any eredll &Wee issued Undertha
account, rewards or atrollment services, cradt inausance
eompantes, debt collectare, and all of their ofters, dhaatus,
i employ=s and agents) II, and ehly IL such a third parry Is
named by you as a codefendant in arty Claim you assert
acainvt eA
if any pair of this Arbitration and Litigation settlon rx
iound to be Invalid or unenforceable vndv any law or statute
consia'v rat with the FAA, the remainder of this Arbitwttoa sad
Litigation settton shall be enrotceable without regard to rich
lavatidity or vnenforceablllty,
THE RESULTOFTHIB ARBITRATON ACREEMENf IS
THAT, EXCMI AS PROVIDEDABOVE, CLAIMS CANNOT ac
aJFiCATED IN COURT. INCLUDING SOME CLAMS THAT
COULD HAVE SEEN TRIED BEFOfteA JURY, AS CLOS
ACnONS, OR AS PRIVATE ATTORNEY CENarAL ACTIONS.
12
, JK
•.t"!- ... 'i a''., to •R}...1X1.''
r
j
I
' f
r
MONA.M 04000 Loa fadafally rcgWArcd 9 MCO Mm* of
MBNA AmONC 1 tank, NA.
0 2001 MBNA Ammi a Bonk NA.
NEA90 (Revised 4/2001)
EXHIBIT "B"
III
NATIONAL
ARBITRATION
FORUM
MBNA America Bank, N.A.
Customer Assistance Department 1
1000 Samoset Drive
Wilmington, DE 19884-1423
I
CLAIMANT(s), AWARD
I
RE: MBNA America Bank, N.A. v 3 Mark Bover & Deborah L
Rover
File Number: FA0202000104491
Claimant File Number: 54012647310018771
I
Deborah L Bover J Mark Bover
15 Wynnefield Dr Deborah L Bover
S Glens Falls, NY 12803-0000 15 Wynnefield Dr
S Glens Falls, NY 12803-0000
I
I
RESPONDENT(s).
I
I
The undersigned Arbitrator in this case FINDS:
I
8. That no known conflict of interest exists.
9. That on or before 02/04/2002 the Parties entered into an agreement providing that thi? matter shall be resolved
in accordance with the Forum Code of Procedure.
10. That the Claimant has filed a claim with the Forum and served it on the Respondent.
11. That the matter has proceeded in accord with the applicable Forum Code of Procedur4.
12. The Parties have had the opportunity to present all evidence and information to the Arbitrator.
13. That the Arbitrator has reviewed all evidence and information submitted in this case. 1
14. That the information and evidence submitted supports the issuance of an Award as stilted.
Therefore, the Arbitrator ISSUES:
An Award in favor of the Claimant, for a total amount of $24,966.31.
I
Entered in the State of New York ACKNOWLEDGEMENT
This Award was duly entere and delivered to the
parties on thisidate.
James i sq.
Arbi or
Date: 04/09/2002
Honorable Harold Kalina
Director of Arb tration
April,09 2002
!? ? -ca
?- ? ? - ?
? `? ? `-?
?° '
? ? r?
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-02929 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MBNA AMERICA BANK NA
VS
BOVER J MARK ET AL
ROBERT BITNER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT Sc NOTICE was served upon
BOVER J MARK the
DEFENDANT at 1645:00 HOURS, on the 28th day of June , 2004
at 2194 GLEIM CT
ENOLA, PA 17025
by handing to
DEBORAH BOVER
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
38.35
Sworn and Subscribed to before
me this day of
avuy A.D.
V!-'?
rot onotary
So Answers:
R. Thomas Kline
06/30/2004
WOLPOFF & ABRAMSON
B
Deputy Sheri
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-02929 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MBNA AMERICA BANK NA
VS
BOVER J MARK ET AL
ROBERT BITNER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
BOVER DEBORAH L the
DEFENDANT , at 1645:00 HOURS, on the 28th day of June , 2004
at 2194 GLEIM CT
ENOLA, PA 17025
by handing to
DEBORAH BOVER
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this day of
A.D.
. tea,. ,
rothonotary ?
So Answers:
R. Thomas Kline
06/30/2004
WOLPOFF & ABRAMSON
By.
Deputy Lf
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, NA No. 2004-2929
Plaintiffs
V. CIVIL ACTION - LAW
3. MARK BOVER and
DEBORAH L. BOVER,
Defendants.
NOTICE OF STAY AND SUGGESTION OF BANKRUPTCY
To the Prothonotary:
1. On or about July 7, 2004, Defendants J. Mark Bover and Deborah L. Bover
filed a voluntary Chapter 13 proceeding in the United States Bankruptcy Court, Middle
District of Pennsylvania, docketed at 1-04-04159.
3. As a result, this matter is STAYED by operation of Section 362 of the
Bankruptcy Code.
Respectfully submitted,
to P. Neblett
A orney I.D. No. 80036
w Office of John P. Neblett
040 Linglestown Road, Suite 203
Harrisburg, PA, 17110
717.671.8454
Counsel for Defendants J. Mark and Deborah
Bover
CERTIFICATE OF SERVICE
I hereby certify on that on this / / day of July, 2004 I caused to be served
a true and correct copy of the foregoing pleading via United States Mail, first class, postage
prepaid, addressed as follows:
MBNA America Bank, NA
PO Box 15718
Wilmington DE 19850
(Plaintiff)
Amy F. Wolfson, Esquire
Wolpoff & Abramson, LLP
267 East Market Street
York PA 17403
(Counsel for Plaintiff)
Charles J. DeHart, III
Standing Chapter 13 Trustee
PO Box 410
Hummelstown PA 17036
Counsel for Defendants J. Mark & Deborah
Bover
Law Office of John P. Neblett
2040 Linglest:own Road, Suite 203
Harrisburg, PA 17110
717.671.8454
r °
C 7 d
_
tCl 1
.l
..t. C.._ •.y
C_ T
t
Cad ? '-.
--< -`? AD
/ ---
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
Plaintiff NO. 042929
vs.
MARK J BOVER
DEBORAH L BOVER
Defendant(s)
CIVIL ACTION - LAW
PRAECIPE TO DISCONTINUE
To the Prothonotary:
Please mark the above-entitled case as discontinued without prejudice.
Respectfully Submitted,
'??q
Amy F. Doyle 7062
Daniel F. Wolfson #20617
Philip. C. Warh9lic8b3-41__1
6Dayid?R.Galloway #87326/
Tonilyn M. Chippie #87852
Sarah E. Ehasz #86469
Robert N. Polas, Jr. #201259
Ronald M. Abramson #94266
Ronald S. Canter #94000
WOLPOFF & ABRAMSON, LLP
Attorneys in the Practice of Debt Collection
4660 Trindle Rd., Suite 300
Camp Hill, PA 17011
(717) 303-6700
100211376
"TI
i
y^S Y
S
AV" ---
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
Plaintiff NO. 042929
VS.
MARK J BOVER
DEBORAH L BOVER
CIVIL ACTION - LAW
Defendant(s)
JOHN NEBLETT
2040 LINGLESTOWN RD
HARRISBURG, PA 17025-1496
Amy F. Doy #87062
Daniel F. Wolfson #20617
Philip C. Warholic #86341
c'David R. Gahoway #87326_
Tonilyn M. Chippie #87852
Sarah E. Ehasz #86469
Robert N. Polas, Jr. #201259
Ronald M. Abramson #94266
Ronald S. Canter #94000
WOLPOFF & ABRAMSON, LLP
Attorneys in the Practice of Debt Collection
4660 Trindle Rd., Suite 300
Camp Hill, PA 17011
(717) 303-6700
CERTIFICATE OF SERVICE
The undersigned does hereby certify that a true and correct copy of the Praecipe
to Discontinue was served upon the individual(s) listed below by Regular Mail,
Postage Pre-Paid on this day of , 20 -?7 .
rya
,-, ;