HomeMy WebLinkAbout04-40361N THE COURT OF CON/40N PLEAS OF CUHBERLAND
MBNA AMERICA BANK, N.A.
655 PAPER MILL ROAD
MAIL STOP 1411
WILMINGTON DE 19884-1411
COUNTY, PENNSYLVA/~IA
Plaintiff
VS.
BRIAN R JONES
355 M~kRTINGALE DR
C;~MP HILL PA 17011-8314 :
CIVIL ACTION - LAW
Defendant (s)
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take action within (20) days after this Complaint and
Notice are served, by entering a written appearance personally or by an attorney
and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fall to do so, the case may proceed
without you and a judgment may be entered against you by the Court without further
notice for any money claimed or any other claim or relief requested by the Plaintiff.
You may lose money or property rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
NOTICIA
Le hah demandado a used en la eorte. Si used quarere defensas de esas demandas
expuestas en las paglnas, slgulentes, used tlene vlente (20) dias de plazo al partir
de la fecha de lademanda y la notlflatlon. Used debe presentar una apariencla
escrlta o en persona o pot abogado y archivar en la corte en forma escrlta sus
defensas o sus objeclones a last demandas en corta de su persona. Sea av~sado que
si used no se defienda, la torte tomara medldas y psedldo entrar una orden contra
used sin prevlo avlso o notlficaclon y pot cualquler queja o allvlo que es pedldo
en la peticlon de demanda. Used puede perder dlnero o sus propledades o otros
derechos importantes para used.
LLEVE ESTA DEMANDA A UN ABODOAGO IM. MEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE
EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA 0 LLAME POR TELEFONO A
LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASSITANCIA LEGAL.
Lawyer Referral Service
Cumberland County Bar Assn.
32 S. Bedford St.
Carlisle
800-990-9108
PA 17013
CVRNOT/PACCP W&A FILE NO. 111296836
IN THE COURT OF COMMON PLEAS OF CUMBERL~MqD
MBNA AMERICA BA~K, N.A.
655 PAPER MILL RO~D
MAIL STOP 1411
WILMINGTON DE 19884-1411
COUNTY, PENNSYLVANIA
Plaintiff
VS. CIVIL ACTION - LAW
BRIAN R JONES
355 M~RTINGALE DR
CAMP HILL PA 17011-8314 :
Defendant (s)
COMPLAINT
Now comes the Plaintiff, MBNA AMERICA BANK, N.A. , by and through its
attorneys, and the law firm of Wolpoff & Abramson, L.L.P., and files this Complaint
and in support avers as follows:
Plaintiff, MBNA AMERICA BANK, N.A.
655 PAPER HILL ROAD
MAIL STOP 1411
WILMINGTON DE 19884-1411
is a business entity doing business within the Commonwealth of Pennsylvania and the
other states of the United States. ~
2. Defendant, BRIAN R JONES , is an adult ind{vldual with
a last known address of
355 MARTINGALE DR
CAMP HILL PA 17011-8314
COUNTY OF CUMBERLAND
3. It is averred that Defendant(s) was/were issued an open end credit card
account. The Terms and Conditions governing this account is attached hereto,
incorporated herein and marked as Exhibit "A".
4. At all relevant tines material hereto, Defendant(s) has/have used said
charge card for the purchase of products, goods and/or for obtaining services.
SOARB1/PACCP W&A FILE NO. 111296836
7470
5. Plaintiff provided Defendant(s) with copies of the Statements of Account
showing all debits and credits for transactions on the aforementioned credit card
account to which there was no bona fide objection by Defendant(s).
6. Pursuant to the Agreement concerning this account, the parties agreed
that this matter be referred to Arbitration in the event of any claim and/or dispute
if the account is referred for collection. See Exhibit "A" as previously identified
and incorporated herein.
7. This matter was referred to Arbitration for determination and disposition,
whereby an Arbitration Award was entered against the Defendant(s) and in favor of
the Plaintiff for the outstanding balance due. A true and correct copy of the
Arbitration Award is attached hereto, incorporated herein and marked as Exhibit "B".
8. As of the date of this Complaint, the remaining balance due, owing and
unpaid on Defendant's credit card account, as a result of charges made by said
Defendant(s) and/or any authorized users is the sum of $ 14825.71
9. Despite reasonable and repeated demands for payment, Defendant(s) has/have
failed, refused and continue(s) to refuse to pay all sums due and owing on the
aforementioned account balance, all to the damage and detriment of the Plaintiff.
10. The amount in controversy is within the jurisdictional amount requiring
compulsory arbitration.
WHEREFORE, Plaintiff, MBNA AMERICA BANK, N.A. , respectfully requests
this Honorable Court enter judgment in favor of Plaintiff and against Defendant(s),
BRIAN R JONES , in the amount of $ 14825.71 plus costs of this
action and such other relief as the Court deems proper and just.
Respectfully submitted,
Philip C. Warhollc #86341
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
Counsel for Plaintiff
SOARB2/PACCP W&A FILE NO. 111296836
7474
ATTORNEY VERIFICATION
I hereby state that I am the attorney for the Plaintiff, who is located
outside of this jurisdiction and in order to file the within document in an
expedient and timely manner, am authorized to take this verification on behalf of
said Plaintiff in this action and verify that the statements made in the foregoing
Complaint are true and correct to the best of my knowledge, information, and
belief, based upon information provided by the Plaintiff.
The undersigned understands that false statements herein are made subject to
the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification
to authorities.
Date:
Philip C. Warhollc #86341
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
Counsel for Plaintiff
PAVERF/PACCP W&A FILE NO. 111296836
7466.
EXHIBIT "A"
Credit:Card Agreement.
Additional Terms and Conditic
· How tO Ose Your Account ........................ ~
· Payments on YourAccount ...................... ~
· We May Amend This A~reement ............. 8
· Arbitration and L ti~,~,~on ................. L..~9
AGM"f
Your Co.tract With Us
Your cmdrc Card A,~reemen~ with us consists of these
Additional Terms and Conditions and the document caJled
the Required Federal Disc]osu~s or the Initial Disclosure.
You agree to the terms and conditions of this .a~eement.
For the purpose of t~e Prim~ Ne~, we wJiJ use the de~nitto
contained in the third paragraph of the pri~cg N0tk~. For
the remainder of the A~reement. we will use the definitions
- ~Ts~fli~eb~b~e~-tTY& ~,L-t~h-he&~in~'WoraL~ Usa/Oft~ ia
Tf~ls
PHtaql Notice
Your privacy is Importsat to us: At MBNA. we are
cornmi~ted to providing you with the fines~ financial
produc'cs and services backed by consistently top-quali
service, And while information about you is ~ndament
to our ability to do this, we ~ulfy reo~gnize ~he impo~'.an
of keeping personal and ao:ount information secure.
To offer you the widest range of products and service
MBNA may share information about you both within
MBNA and outside of MBNA with other companies.
This allows us to offer you products and services that
may Interest you and best meet your needs, whether
they are available directly from MBNA or through our
relationships with other companies. We want you to
understand our informaUon ~afegua~i~s, what informatk
we collect, what informaUon?we share, and the benefits
you receive when we share.JnEormation about you.
This no(isa describes (Se privacy practices of MBN~
Corporation snd all MBN^ affiliates, including MBN^
America Bank. HJL, MBNA America (Delaware). N.A..
Palladian Travel Bandces, Inc_, MBNA Hafimark
information Services. Inc,. MBNA Marketing Systems.
inc., and MBNA In~urence Agency. inC. (~ollectlvefy.
*MBN^*). for financia{ products and servicas governe~
by the laws o~ the United States of America, This
Information We Collect: MBNA collects and uses
nonpublic personal information about you to condu
our business and to consistently deliver the top-qua
Customer service you expect from us. Sources ot~ th
information include the following:
· Information we receive from you on applications
and other forms or through your correspondence or
coTn~0'nicati~n with'as'including'through the mail.
by tsiephone, or over the interne(;
· Information we receive from third parties, such as
consumer reporting agencies, to verify statements
you've made to us, or regarding your employment.
credit, or other relationships: and
· Information aboutyour transactions with MBNA;
with other companies outside of
Information We Share WIthifl MBNA: We may shar~
oF the information we collect about you with flnandal
ice companies within MBNA to offer edditioF~d produc~
sauces that may interest you and best meet your nee~
We believe this is convenient for you and may save you
both ~ime and money. To do so. we share identification
information (such as name and address), transaction a:
experience information (such as purchases and payme~
credit eligibility information (such as credit reports and
applications), and other information. The decision to
chase any such products or services is yours alone. Yo
may (eli us not ~o share credit eligibility information a~
you withir~ ~BNA. but please understsnd th'i~ does
prohibit us from offering you additional products and
services or from shadng transaction and experience.
identification, and other information within MBNA.
I,formation We Share With Others: From time
time. we may allow companies outside of MBNA to c
you their products and services that may interest yoc
These products and services may be offered by finan;
notice explains M~NA;s information col)ectJon and service providers (such as banks, loan brokers, accou
MBNA ~ay sham ~n ~on ~ty~; eith
within MSNA or out, de of MBNA with other companie
importance of protecting and ~ecu.ring information an
using it appropriately. Access.to .information about ye
is restricted to the people of MBNA who require it to
provide products or sewices to you, We maintain physic
electronic, and procedural safeguards that comply wit
federal standards for the security.of in[prmation.
When MBNA shares information.shoat you with
companies outside of MBNA. we require them to ·
impose safeguards, use it only for a permitted purpos
and to return it to us or destroy ibonce that purpose i
served. We limit the amount of ~nformation shared tc
what is appropriate to offer a product or service effi-
ciently. MBN^ requires any company receiving infor-
mation from MBNA to sign a Confidentiality A~reeme
containing these requirements and obligating that
company to ,p~t,ect ~he infor.mation as we would.
I
finandal companies (such as rataile~s, direct mad(eter
manufacturers, service companies, travel agents, crui
lines, car rental agencies, hotels, airlines, publishers
and organizations endorsing MBNA financial produ(
or servicesL and others (such as oonprofit organizatk
Subiect to applicable law, we may sham all the info~
~ion we collect with these companies-outside of MB
unless you tell us not to,
Additionally, we may share all the information w~
collect with companies that perform marketing or c
services on our behalf or to other financial instituti
with which we have ioint marketing agreements. ~
are also permitted by law to share information abc
you with other companies in certain circumstance.,
For instance, we may share all of the information ~
collect with companies assisting us in'servicing yo
loan or ac,c~U~t, with companies that endorse our
products anc~-,se~'ices through affinity agreements
2
Persons Using Your Account
if you permit any person to use your card. access checks,
account number, or other credit device with the authorization
~ obtain credit on your account, you may be liable Mr all
tranSaCtions made by that person iqciuding transactions for
which you may not have in~ended to be liable, even if the amount
o/ti'vase transactions causes your credit limit to be exceeded,
~uthodzed users of this account'may have the same access
to infatuation about the account and its users as the
~ccount homers.
How You May Stop Payment
on an Access C&ec[~
-- r~uest a stop payment on an access check bY
~;~S ~v~th the acc~s check number, dollar amount, and
~-~-~ctly as they appear on the access check. Oral and
w~,~tt, _~n stop,payment requests on an access ched~ are effective
- for six months from the day that we place the stop payment.
You May Not Po~t~a_te 'un Access Check
You may not issue a postdated access check on your
account, if you do postdate an access checL we may elect to
honor it upon presentment or return it unpaid to the parson
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 incurred by you arising
out o~ the action we elect to take·
Your Promise to Pay
You promise ta pay us the amounts of all credit you.
obtain, which inctades all Purchases and Cash Advances.
you also p~omise to pay us all the amounts of finance charges.
fees, and any other transactions we charge a~alnst your account.
Payments on your Account
You must pay each month at ~east the Tots~ ~4inimum
payment Due shown on your monthly statement by your
payment Due Date, You may pay the entire amount you owe
,,~ at any time. Payments made in any billing cycle that are
~oui- obl~eati~, to ma[rathe west TemtMinimum Payment~
Due. ~fT~u oveepey o~ l~ there ts a credit balance on your
drawn on a financial institution located outside of the United
States. Payment ol~ your Torsi Minimum Payment Due may
not avoid the assessment of Ovettimit Fees.
Wfien Your Payment Will Be Credited
to Your Account
%Va credit payments as of the date received. IU:he payment
is: (Il received by 2 p.m. IEastern Tlmeh ~21 received at the
addresS shoxvn in the upper lob-hand corner Of the front of
your monthly statement: I~l paid with a check drawn in U.S.
dollars on a U.S. financial Institution or a U.S. dollar money
order; and tel sent in the return envelope with only the top
pottion of your statement accompanyi~ it. Payments
received ah:er 2 p.m. on any day including the Payment Due
Date. but that otheneise meet the above requirements, wil~ be
credited as of the next day. Credit for any other payments
maybe delayed up to five days.
How We Allocate Your Payments
We will allocate ~payments in the manner we determine.
In most instances, we wJ)} allocate your payment~ to balance
l including new transactions) with lower APRs before balanc~
with hi~her APRs. This will result in new balances with a
lower APE (e.g.. those with promotional APR offers') being
paid before any other exlstin~ balances.
Promise to Pay ApPlies te All Persons
· . All persons.who initially or subsequently request. ~.
guarantee or use the accoun~ are individually and together
responsible for any total outstandln& balance. We may re~us
to release from liabilliT any parson who is responsible to
any total outstanding balance, until all of the can:Is, au:ess
checks, and other credit devices outstanding udder'the
account have been returned to us. and any such parsc~ or
persons repays us the total outstanding balance owed to us
at any time under the terms of this Agreement.
Default
You wiU be in default of this Agreement if: (l ~ you fail to
make any required Total Minimum Payment Due by its Paymer
Due Date; (2~ your total outstanding balance exceeda.your
credit limit: or (3) you fall to abide by any other ter~ c~ this
Agreement. Solely for the puq~oses of detarminin~ eligtb~lity
and premium payment obll~ations ~or the olXional credit Insu
ante I~urchased through MBNA, you will be desmed in de~uit
or delinquent if you fail to make a payment within 90 days
your Payment Due Date. Our failure to eser~se any o~ our
rights when you default does not mean that we are unable to
eserdse those rights upon later default.
WRe~ We. May Require Immediate Payme!
ff you are ia default we can require tmmedlare payment
of your total outstanding balance and, unless prohibited by
applicable law and except as otherwise provided under the
At~itrat~o~ a~d L~ti~atio~ section of this Agreement. we can
also require you to pay the costs we in~urin any co,action
proceeding, as welt as ressonabte attorneys' ~ees if we re,er
your account for collection to an attorney who is not our
seladed employee.
OtRer Payment Terms
with any-restrMt~ve ,,~ltiog without.losing any ol our
under this Agreement. This means that no payment, Indudt
[v~ Bark~wtth 'Paid in full' or with any other restrictive
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 e payment check, we may elect to honor it upon prese
ment or return it uncredited to the pamon that.pres~nted.ll
check. We are not liable to you for any IO~ or exp~nse'
incurred by you arising out of the action we_elect to take.
Payment Holfdag$
We may allow you. from time to time. to omR a monthly
payment. We will noti~ ~ou when this option is available,
If you omit a payment, finance charges and any applicable
fees will accrue on your account in accon:lance with this
Payment Due each month {ollowing a payment holiday.
Transactions Made la Foreiya Currenci~
If you make.a~anseaion in a loreign corren~T, the trem
tion will be ¢onv~trted by Visa International or MasterCer~
Iotemational.. del~efiding on which card you use. into a U.f
§
What We May Do if You A~tempt to
Exceed Your Credit Limit
credit {ir~it. we may: (I.~ permit the transaction v~thout ra.isln~'
Transfer, we may do.so by advising the person prasentlng the
check Cash Ac~an~ or Balance Transfer that cradit has been
reh~sed, that th~ra are Insutfident funds to pay the Cbec~
if we have pmVtousF/permitted you to exceed you~ o~)lt limit.
fimlt a~aJn. If we ded~e to permit you to exceed y~ur c~ed)t limit,
we may ~ha~e an Ovedtmit Fee as provided in this A~eement.
Unautheri~d Use ef Your C~rd
You Must Notif~ Us When You
Change Your Address
The pc~t office a~Ld ochers may notify us of a chan~e bo
address. When you change your address, you must notify us
p~om~:ly o~ your new add~ess.
What Law Appl~
to you from Delaware. This ,a~reemeot is governed by the
The ProvLsfons Of This Agreement
..................... are 5ev~ta~le ·
the remaining ~ wilt o~ntieue to be e(~,ctive.
Our Rfg~t~ C~ntMue
Ar~itration .and Lltig~tion .-
This Arbitration and Litigation provision aisles to you
and Litigation ptovisiuns and yo~ did ~o te~ect them in the
manner and time/rome rsqulrad. If you did raject e~fectively
such s provision, you a~raed that any litigation brought by you
against us regarding this account or this Agreement shall be
brought in a court located tn the State of Delaware.
Any claim or dispute ('CJaim~) by either you or us a~ainst
damages, pe~a]tie~ ;~dec~ra tory or equitable ralle~L Indudir~
9
Claims regarding :he applicability of this Arbitration and
Litigation ~ection or the validity of the entire Rgraement or
any prior Agreement, shall be resoNed by binding arbRratic
The arbitration shall be conducted by :he National
Forum ('NAF'). unde~ the Code of Procedure in effect at the
the Claim is filed. Rules and fon'ns of the Natiunal Arbitration
Forum may be obtained and Claims may be flied at any, Natto~
_~b/tra~j~.r~Eo~ _m~.~,.w,~w. arb-~orum:com, or P.O. ~c
Minneapolis, Minnesota 55~05, telephon~ ~-~?4L~.
N^F is unable or unwiilfn& to act as arbitrator, we may sub
stitute another nationally recognized, independent arbR~t~
organization that uses a similar code of procedure. A~ YOm
wrftten request, we will advance any arbitration filing fee.
administrative and hear)ng fees which you ara ~quirad to
pay to pursue a Claim }n arbitration. The arbitrator will
decide who will be ultimately msponsibla for paying those
tees. In no event will you be required to reimburse us for a
arbitration filing, administrative or heating fees in an
greater than what your court costs would have been if the
Claim had been resolved in a state court with jurisdiction,
Any arbitration hearin~ at ~hich you appa~.wll! take ~ace
within the federal udidsl distdct that includes your bi
address at the time the Claim is filed. This arbitration
ment is made pursuant to a transaction involvingdnte:~tat~
commerce and shall be governed by the Federal Arbitratior
Act, 9 U.$C. §§ i-i6 ('FAA'I. lud~e~t upon any. arb~ratic
award may be entered in any ~ourt having lufisdrction, ~e
arbitrator sha}} k~llow extstin~ subetunth~e I~w.to the e~tent
consistent with the FAA and appllceble statut~ of limitaUon
and shall honor any claims or p~vflege ~lsed'by law. 4f
party requeets, the arbitrator shall write an opinion containir
the reasons ~or the award.
No Claim submitted to arbitration is heard by a lu~ ant
no Claire'may be brought as a class action or as a private
attorney general You do not have the right to act as a
representative or participate as a member of a c~ass of
claimants with respect to any Claim. This Arbitration and
bitigation Section applies to all Claims now in existence o
that may arise in the future.
This Arbitration and Litigation Section shall survive the
termination of your account with us as well as any volunta
payment- of the debt in hill by you. any bankruptcy by you
For the I~or~oses bl this ArbOr ration and~Jtigation Secti
~we~ and "us' means MSNA America Bank. N.A., its parent
~ubaidlaz~a. affiUates. Ecenseee,predecessora. succ-~son
officers, dira~tors, employees, a~eots a~d assigns or any a
si) of them. Aclditionalfy. ~We' or'us' shall mean any thin
party providing bene~ts, services, or products in connectk
~ith the account linduding but ~ot limit~, to credit bura~
merchants that accept any credit device is~.ued under the
account, rewards or enrollment services, c~edit'insurance
companies, debt collectors and all of their o~cera, di~-t¢
employees and agentsl IL and only IL such a third party L,
named by you as a co-~efendaot in any Claim ),ou assert
a~ainst us.
ff any part of this Rrbittation and Litigation Section is
}~ound to be invalid or unenforceable under any law or sta
consis~ent with the FAA, the rarnainder o~ :bls Arbitration
Litigation Section shall be en~:orceabla without.regard to
invalidity or unentorceabUity.
THE RESU&~.OFTHIS AR~FRATION AGREEMENT IS T
EXCEPT AS PR~. )~)ED ~BOVE.-CLAIMS CANNOT BE LiT
GATED IN COURT. INCLUDING SOME CLAIMS THAT COL
~0
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 kvington Centre
Rockville, MD 20850-5775
CLAIMANT(s),
Brian R Jones
355 Martingale Dr
CAMP HILL, PA 170118314
NATIONAL
ARBITRATION
FORUM ®
AWARD
MBNA America Bank, N.A. v Brian R Jones
File Number: FA0401000223621
Claimant File Number: 5490990916325028
RESPONDENT(s).
The undersigned Arbitrator in this case FINDS:
1. That no known conflict of interest exists,
2. That on or before 01/06/2004 the Part/es entered into an agreement providing that this matter shall be
resolved through binding arbitration in accordance with the Forum Code of Procedure.
3. That the Claimant has filed a claim with the Forum and served it on the Respondent in accordance with Rule 6.
4. That the matter has proceeded in accord with the applicable Forum Code of Procedure.
5. The Parties have had the opportunity to present all evidence and information to the Arbitrator.
6. That the Arbitrator has reviewed all evidence and 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 $14,825.71.
Entered in the State of Pennsylvania
Arbitrator
Date: 07/06/2004
ACKNOWLEDGEMENT AND CERTIFICATE
OF SERVICE
This Award was duly entered and the Forum hereby
certifies that a copy of this Award was sent by first
class mail postage prepaid to the parties at the above
referenced addresses on this date.
Honorable Harold Kalina, Ret.
Director of Arbitration
07/06/2004
SHERIFF'S RETURN
CASE NO: 2004-04036 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
- NOT FOUND
MBNA AMERICA BANK N A
VS
JONES BRIAN R
R. Thomas Kline
duly sworn according to law, says, that he made a diligent
inquiry for the within named DEFENDANT
JONES BRIAN R
unable to locate Him in his bailiwick.
,Sheriff or Deputy Sheriff, who being
search and
but was
He therefore returns the
COMPLAINT & NOTICE
the within named DEFENDANT
, JONES BRIAN R
355 MARTINGALE DR
CAMP HILL, PA 17011
355 MARTINGALE DRIVE CAMP HILL IS
LOCATED IN FAIRVIEW TOWNSHIP, YORK COUNTY.
Sheriff's Costs:
Docketing 18.00
Service 11.10
Not Found 5.00
Surcharge 10.00
.00
44.10
, NOT FOUND , as to
So answers'/ ..... .~ /
/ R. Thomas Kl~ne
Sheriff of Cumberland County
WOLPOFF &ABRAMSON
08/30/2004
Sworn and subscribed to before me
this ~ ~ day of ~z~, ·
~2~y A.D.
O~ota / ~
Pr r ~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
Plaintiff
VS.
BRIAN R. JONES
Defendant
No. 04-4036
,PRAECIPE TO DISMISS WITHOUT PREJUDICE
TO THE PROTHONOTARY OF SAID COURT:
Please dismiss the above captioned action without prejudice.
Date: August 19, 2004
Respectfully submitted,
ID ~oF.'8~;Y~tEsquire V
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
Attorney for the Plaintiff