HomeMy WebLinkAbout04-5621
L.qL.L.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY,
PENNSYLVANIA
Ciu'\;l'-r~
MBNA AMERICA BANK, N.A.
655 PAPER MILL ROAD
MAIL STOP 1411
WILMINGTON DE 19884-1411
NO. 04-$t.;l\
Plaintiff
VS.
CIVIL ACTION - LAW
WILLIAM L DAVIS
671 SHIPPENSBURG RD
NEWVILLE PA 17241-9476
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 fail to do so, the case may proceed
without you and a judgment may be entered against you by the Court without further
notice for any money claimed or any other claim or relief requested by the Plaintiff.
You may lose money or property rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A 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 han demandado a used en 1a corte. Si used quarere 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 0 en persona 0 por abogado y archivar en la corte en forma escrita sus
defensas 0 sus objeciones a last demandas en corta 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 0 notificacion y por cualquier queja 0 alivio que es pedido
en la peticion de demanda. Used puede perder dinero 0 sus propledades 0 otros
derechos importantes para used.
LLEVE ESTA DEMANDA A UN ABODOAGO IMMEDIATAMENTE. 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. 120734099
.lL+.lb
MBNA AMERICA BANK, N.A.
655 PAPER MILL ROAD
MAIL STOP 1411
WILMINGTON DE 19884-1411
NO. 04 - S(,~\
COUNTY, PENNSYLVANIA
C~~"L<=-r~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
Plaintiff
VS.
CIVIL ACTION - LAW
WILLIAM L DAVIS
671 SHIPPENSBURG RD
NEWVILLE PA 17241-9476
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:
1. Plaintiff, MBNA AMERICA BANK, N.A.
655 PAPER MILL ROAD
MAIL STOP 1411
WILMINGTON DE 19884-1411
is a business entity doing business within the Commonwealth of Pennsylvania and the
other states of the United States.
2. Defendant, WILLIAM L DAVIS
a last known address of
, 1S an adult individual with
671 SHIPPENSBURG RD
NEWVILLE PA 17241-9476
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 1S attached hereto,
incorporated herein and marked as Exhibit "A".
4. At all relevant times material hereto, Defendant(s) has/have used said
charge card for the purchase of products, goods and/or for obtaining services.
1DSOA1!PACCP
W&A FILE NO. 120734099
.G<+.jU
5.
showing
account
Plaintiff provided Defendant(s) with copies of the Statements of Account
all debits and credits for transactions on the aforementioned credit card
to which there was no bona fide objection by Defe~dant(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 $ 7681.75
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 1S 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),
WILLIAM L DAVIS , in the amount of $ 7681.75 plus costs of this
action and such other relief as the Court deems proper and just.
Respectfully submitted,
Amy f(~" tL LJ~
Danie:~~:fson #20617
Bruce H. Cherkis #18837
Philip C. Warholic #86341
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA17403
(717) 846-1252
Counsel for Plaintiff
1DSOA2/PACCP
W&A FILE NO. 120734099
~~~~
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:
~'Wt-9tU~/~
Amy F. oy1e #87~
Daniel F. Wo _son #20617
Bruce H. Cherkis #18837
Philip C. Warho1ic #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. 120734099
2426
EXHIBIT "A"
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Credif:Card: Agreement.
Additional Teri1is :and.Coriditions
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NEX
.,.
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Your Contrad Wi~ Us
Ypur Credit Card Ailreement with us consists or these
Adfltlonal Terms and Conditions and the document called
th~ Required Federal Disclosures or the Initial Disclosure.
Yo~'aeree to the terms and conditions of this Agreement.
FoUhe purpose of the PriVIICII NoUct. we will use the defjnltion~
coqJ.ained in the third paragraph of the PriWl'1I Now. For
the'remainder of the Agreement. we will use the definitions
described under the section heading Words Usa! O/Inr '"
'Nf1S;AgIWII\IIII.
Privacy Notice
Your privacy is Important to us: N. MBNA. we are
committed to providing you with the finest financial
products and services backed by conSistently top-qualit,
service. And while infonnation about you is fundamentai
to our ability to do this. we fully recogni7.e the importaoo
of keeping personal and account information secure:
To offer you the widest range of products and services.
MBNA.may share information about you bbth within
MBNA and outside of MBNA with other companies.
This allo'.vs us to offer you products and services that
may interest you and best meet your needs. whether
they .are a~aila~le directly from.MBNA or through our
relationships With other companies. We want you JO
. understand our information safeguards. what informatior
we collect. what information we share. and the benefits
you receive when we share information about you.
This notice describes the privacy practices of MBNA
Corporation and all MBNA affiliates. including MBNA
America Bank.. NA. MBNA America (Delaware). NA.
Palladian Travel Services. Inc... MBNA Hallmark
Information Services. Inc.. -MBNA Marketing Systems.
Ine.. and MBNA Insurance Agency. Jne. (collectively..
"MBNA-). for financial products and services governed
by the laws of the United States of America. This '
notice explains MBNA's information collection and
sharing practices and lets you choose whether or not
MBt:lA may share certain information about you. eithel
within MSNA or outc:ide of MBNA with other companies
Our Security Procedures: MBNA understands the
imponance of protecting and securing information
Of"....I ......l~ ;.. "\""'t11"liri'!:lta~' .6."""'.Gr~ tn inrnrn'\~tinn
about you is restricted to the people of-MBNA who
require It to provide products or services to you. We
maintain physical. electronic. and procedural safeguard!
that comply with federal standards' for the security
of Information.
When MBNA shares information about you with
companies outside of MBNA. we require them to
impose safeguards. use It only for a permitted purpose.
and to return it to us or destroy it once that .purpose is
served. We limit the amount of information sllared to
what is appropriate to offer a product or service em-
dently. MBNA requires any company receiving infor.
mation from MBNA to sien a Confidentiality Agreemen
containing these requirements and obligating that
company to protect the information as we would.
. ...".
-' - -...
.'
Information We Collect: MBNA collects and uses
nonpublic personal information about you to conduct
our business and to consistently deliver the top-quality
Customer service you expect from us. Sources of this
information include the followinc:
. Information we receive from you on applications
and other forms or through your correspondence or
communication with us including through'the mail.
by telephone. or over the Intemet;
. Information we receive from third parties. such as
consumer reporting a{lencies. to verify statements
you've made to us. or regardinl your employment,
credit. or other relationships; and
. Information about your trans~ctions with MBNA and
with other companies outside of MBNA.
Information We Share Within MBNA: We may share
all of the information we collect about you with financial
service companies within MBNA to offer additional
products or services that may inter~ 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 identification information (such as name and
address). transaction and experience information Isuch
as purchases and payments). credit elieibility information
Isuch as credit reports and applications). and other
information. The decision to purchase any such prod-
ucts or services is yours alone. You may tell us not to
share credit eli{lililility information about you within
MBNA. but please understand this does not prohibit us
from offerine you additional products and services or
from sharing transaction and experience.
identification. and other information within MBNA.
)nformatlon We Share With Others: From time to
time. we may allow companies outside of MBNA to offer
you their products and services that may interest you.
These products and services may be offered by financial
service providers Isuch as banks. loan brokers. account
aggregators. insurance a{lents. insurance companies.
mnrteaee bankers. and securities broker-deaJers). by
nonfinandal companies Isum as retailers. direct mar-
keters. communications companies. Intemet setvke
providers. manufacturers. service companies. travel
agents. CruIse lines. \AIr rem.ell iStl~"\.la. lIU\ll:::~. lfMl._.
publishers. and organizations endorsing MBNA financial
products or services). and otheTS Isuch as nonprofit
oreanizations). Subject to applicable law. we may share
all the information we collect with these CQrnpanies out-
side of MBNA. unless ~u tell us not to. .
Additionally. we may share all the Information we
collect with companies that perform marketifli or other
services on our behalf or to other financial institutions
with which we have joint 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
collect with companies assisting us in servicing your
loan or account. with companies that endorse our
'products and S'eMtes through affinity aareernents.
with government entities in response to subpoenas or
2
regulatory. reqtliremeRts; abd with consumer reportlne
agendes. If you tell us not to si:lare Information with
companies outside of MBNA-that wish to offer-you
their prQducts and services. as described above. please
understand that we will continue to share information
in these additional circumstances.
Important Informedoll About Your Choice: We're
dediClllted to serving your needs. and to respecting your
choices related to privacy. You may tell us not to share
credit eligibility information within MBNA. and you may
tell us not to share information with companies outside
of MBNAthat wish to offer you their products and serv-
ices as described above. If you wish to opt out of such
information sharing. please call toll.free 1.866.751-1255.
We will ask you to verify your identity and the specific
accounts to which the opt out applies. so please have
all yoar account. membership. or reference .numbers
and your Social Security number or Taxpayer
Identification number for deposit accounts available
when 'you call.
MBNA applies opt outs at the account level. not by
individual Customer. When any person listed with others
on an account opts out (for example. a co-applicant. joint
account holder. or authorized user). we will list the entire
account as having opted out. MBNA will continue to .
adhere to its disclosed privacy practices for an account
even If It becomes inactive or is closed.
An opt out from information sharing on an account
as described above. either within MBNA andlor with
companies outside of MBNA. remains effective unless
revoke(Hn wrltine. Federal regulations require us to
provide this notice on an annual basis. whether or not
an .account has previously opted out from either type
of information sharing. Please remember when'you
~ive our subsequent notices that an account previously
opted out from either or both types of information sharine
(and not revoked in writing) does not need to be opted
out 81Sln.
This notice updates and replaces any previous
notices from MBNA about the priv8<:y. security, and
.....Ai.R W :_J~__~tl,.,n F'nr ~nrlitinnAI in.fnrTQiltion
regarding MBNA's pnvacy practices concernmg tlle
Intemet. and to view the most recent version of this
privacy notice. please go to www.mbrui.com and click
on -PrIvacy Notice: You may.have other privacy pro-
tections under state laws. We may amend this privacy
notice at any time. and we will inform you of ~hanges
as required by law. ...
Words Used often in' This Agreement.
.Agreement~ or "credit Card Agreement. means these
Additional Terms and Conditions and the Required Federal
Disclosures lor the Initial Disclosure) and any changes we
make to those documents from time to time.
"You. and "your" mean each and all of the persons who are
granted. accept. or use an account we hold. . "You" and -your"
also meen any other person who has guanlnteed payment d
this aexount. when used In the sections entitled W, Mall MoIIIIDr
o. R<<onl Trltpilllftf CtJIIs and Amtllltiml o. Utigatioft and when
used in each of the sectionS relatine to payment of this aa:ount
. ....,.
3
(Your PIOIItiSt\, Paw and ~Wf AIruIt y- PII/mDIIs. for examplel
"We; "us: .oar". and "MBNA America" mean MBNA
America Bank. NA
"Card" means all the credit cards we issue to you and to .
any other person with authorization to use this account
pursuant to this Acreement.
"Access check" means an access check we provide to you t
make a Check Cash Advance on your account.
If we use a capitalized term in this document but do not
define the term In this document. the term has the meanlne
given in the Required Federal Disclosures or the Initial
Disclosure or as used in your monthly statement.
We use section headings (such as Wonls Uw Oftrll III 111
AgrffJllfftl) to orgenile this Agreement. The actual terms c
this Aireement are in the sentences that follow and not.
the headlnes.
Sign Your earll
You should slln your card before you use it.
We May Monitor and Record Telephone CaDs
You consent to ancl authorize MBNA America. any of Its amll.
ales. or Its marketing associates to monitor andlor record ar
of your telephone conversatior}$ with our representatives or
the representatives of any of those companies. .
Credit Reporting Agendes
You authorize MBNA America to collect information about
you. includine credit reports from consumer reportlne agenc:le
If you believe we have furnished inaccurate or incomplet,
information ,bout you or your account to a credit reportine
agency. write us at: MBNA. Credit Reponlne Aeencies~ 'P.O.
Box 170~.. Wilmlncton. DE 198M.70". Please inchlde you
name. address. home phone number. and account number.
and explain what you believe Is inaccurate or incomplete.
How tD Use Your Account
You may obtain credit in the form of Purchases and Cash
Advances by usine your cards. access checks. accOunt num-
ber. or other credit devices. Please refer to your Required
Federal Disclosu~ 0' Inltlel nlvi~II'" to detf'rmlqe wn.t
transactions constitute Purchases and Cash Advances and
how you may obtain them.
"'".sadi,:. 1'11.' ffF (,t7f'I"in Cnrli A-w.nr,
The transaction date for Check Cash Advances .nd ea....
Transfers done by check Is the dete you or the person to
whom the check Is made payable first deposits or cashes tt
check. The transaction date for a retumed payment (which
will then be dllSSlfied.. a Bank Cash Advance) is the dete
thet the correspondlne payment posted to your &<<OURt.
PUrposes for Using Your Account
You may use your acCount for personal. fl!mlly. or househ
'Purposes. You may not use your acxount for business or
commercial purposes. You may not use a Check Cash
Advance. or any other Cash Advance. to make a payment 0
this or any other credit account with us. You may not use 0:
permit your account to be used to make any meaal transactl
Persons Using Your Account
If you permit any person to use your card, access chec
account number. or other credit device with the authoriaal
to obtain crt;<!.~t9n your accoupt, you may be liable for a
.
."
~..\.>>. "
ttan'nctlons'made by that person. Including transactions
for which you may not have intended to be liable. even If
the amount of those transactions causes your credit limit to
be exceeded. Authorized users of this account may have the
same access to Information about the account and Its users
as the account holders.
H~w You Malf Stop Palfment on 4n
Access 'Cliedr
You may request.a stop payment on an access check by
.. providln; us with the access check number. dollar amount. and
payee exactly as they appear on the access check. Oral and
written stop payment requests on an access check are eRective
for six months from the day that we place the stop payment.
You MaJ Not Postdate an Access Cliecrr
You may not issue a postdated access check on your .
account. If you do postdate In access 'check. we may elect to
honor It upon presentment.or retum it unpaid to the person
who presented it to us for payment. without. in either case.
walti"' for the date shown on the access checlt. We are not
liable to you for Iny loss or expense incurred by you arislne
out of the Iction we elect to take. .
Your Promise to P4,
You promise to pay us the amounts of all credit you '
obtain. which includes III Purchases and Cash Advances.
You also promise to pay us. all the amounts of finance
charies. fees. and any other transactions we charge Biainst
your account. .
Payments on. Your Account
You must pay each month at least the Total Minimum
Payment Due shown on your monthly statement .by your
Payment Due Date. You may pay the entire lmount you owe
us at any time. Payments mlde '1n any billing cycle that are
greater than the Total Minimum PeymeJlt Due:wlll not affect
your obligation to make the next Total Minimum Payment
Due. If you overpay or If there Is a credit bBlance on your
account. we will not pay interest on such Imounts. We will
reject payments that are not drawn in U.S. dollars and those
drlwn on financial jn~liluliunlll 10<.<I1~ cul51de the Unlt~
States. Payment of your Totll Minimum Payment Due may
not avoid the assessment of Overlimlt Fees. .'
w'ft'e-... rb.., ru,,,,t;,1l Will ue: ""e:IJ'kil
to Your ACeDunt
We credit payments as of the date received. If the payment
Is II) received by 2 p.m. IEastem Time); 12) received at the
address shown in the upper left-hand comer of the front of
your monthly statement; 13) paid With a check dlllWA In U.S.
dollars on a U.S. financial Institution or a U.S. dollar money
order; and 14.) sent in the return envelope wlth~nly the top
panlon of your statement accompanyiflllt. Payments
received after 2 p.m. on any day. Indueling the Payment Due
Date. but that otherwise meet the above requirements. will be
credited as of the next day. Credit for any other payments
may be delayed up to rIVe days. .
How We Allocate Your Pal/ments
We will allocate your payments in the manner we determine.
In most Instances. we wlJl aI/ocate your payments to balances
(induclinl new tlllnsactions) with lower APRs before ballnces
with higher APRs. This will result In new bBlances with lower
APRs (such as thQSe.~lth promotional APR offers) bel", paid
5
'. .;'.a..~ ^.
before any other exlstine balances.
Promise to Pay Applies to All Person.
All persons who Initially or subsequently request. accept.
guarantee. or use the account are individually and toaether
responsible for any total outstandl", bBlance. We may refUH
to release from liability any person who Is responsible to pay
any total outstandlna balance. until all of the cards. access
checks. and other credit devices outstandine under the
account have been returned to us and any such person or
persons repays us the total outstanding balance owed to US
at any time under the terms of this Agreement.
Default
You win be in default of this Agreement if: II) you fail to
make Iny required Total Minimum Payment Due by Its Payment
Due Dete; 12) your total outstandine balance exceeds your credit
limit: or (3J you faU to abide by any other tenn of this
Agreement. Solely for the purposes of determ1nlne eliilblllty
and premium payment' obligations for the optional credit
insulllnce purchased throulh MBNA. you will be deemed In
default or delinquent If you fall to make a payment within 90
dlYS Elf your Payment Due Date. OUr failure to exerdse any c
our rights when you default does not mean that we are
unable to exercise those riihts upon tater default.
Wlien We MaJ Require Immediate Paymen:
If you are in default. we can reqUire immediate payment
01 your total outstanding balance and. unless prohibited b)
applicable law and except as otherwise provided under the
Arbilralio.. ,..II UIi,.lioll section of this Agreement. we can
also require you to pay the costs we incur in .ny collection
p'roceedlne. as well as reasonable attorneys' fees If we refe
your account Jor collection to an attomey who Is not our
salaried employee.
Other Payment Ternu
We can accept late payments. Plrtlal Plyments. or pay-
ments with any restrictive wrlti"' without losing any of our
rights under this Agreement. This means that no payment.
indudine those marked with -Paid In full" or with any othel
IdUi'liy~."ord5. shall operate a5.PI 8tlWnland sDtlcf.~it
without the prior written approval of one of our senior ofIk:
You may not use a postdated check to make a payment. If
YOU do DOstdate a payment check. we mey elect to honor I
upon presenttnenfbf'"relulll 11 u"~I...mdI\Q Ulll: .-,aUOI '_I
presented it. without. in either case. waiting for the ct.te
shown on the check. We are not liable to you for any loss or
expense Incurred by you arisine out of the action we elect to 1
Payment Holida,.
We may allow you. from time to time. to omit a month'
payment. We will notJly you when this option Is aV8lleblf
you omit a payment. finance charees .1l4I any applicable !
will accrue on your account In accordance with this
Agreement. You must resume maklne your Total Mlnlmu
Payment Due each month followine a payment holiday.
Transactions Made in Foreign Curre",
If you make a transaction In a foreipl currency. the trans.
will be converted by Visa International or MasteJ'Card .
International. dependlna on which card you use. Into a l
doll.r amount In 8cccrdance with the operatlne reau\etto
conversion procedures in effect at the tlme.thet the traRl
is processed. Currently. those regulations and procedur
provide that'. currency coftversion rate to be used is.
6
(I) a wholesare~market'rate 0)'(2) a government-mandated
rate in effect one day prior to the processing date. increased
by one percent In each case. Visa or MasterCard retains this
one percent as compensation for performing the currency
conversion service. The currency conversion rate in effect on
the processing date may differ from the rate In effect on the
transaction date or the posting date. .
Billing Cycle
Your billing cycle ends each month on a Closing Date
determined by us. Each billing cycle begins on the day after
.. the Closing Date of the previous billing cycle. Each statement
reflects a single biJIlne cycle.
Account Fees and Cfrarges
Account Fees: The following fees. which are set forth In your
Required Federal Disclosures or Initial Disclosure. are chareed
as Purchases in the billing cycle In which the fees accrue:
(I) a Late Fee if the Total Minimum Payment Due shown on
your monthly statement is not received by us on or before Its
Payment Due Date;
(2) an Overlimil Fee if your New Balance Total exceeds your
credit limit on the last day of a billing cycle. even If fees or
finance charges charged by us cause your New Balance
Tobll to exceed your credit limit; an Overllmit Fee is .
charled to your account as of the day in the billing cycle
that the total outstanding balance on your account exceeds
your credit limit;
(3) a Returned Payment Fee if a payment on your account is
returned for insufficient funds or for any other reason. even If
it Is paid upon subsequent presentment:
(4) a Returned Cjlsh Advance Check Fee if we return .an access
check unpaid for any reason. even if the access check is paid
upon subsequent presentment; ,
(5) a Copy Fee for each copy of a monthly statement or sales
draft. except that the six most recent monthly statements a~d
six sales drafts will be provided for free; and
(6) an Annual Fee If your account Is open or If you maintain
an account balance. whether you have active charllng privi-
leges or not.
Abandoned-F.u.......l! Char.e5: Unless prohibitecl by
applicable law. we will charle your account. as a Purchase. for
any costs Incurred by us associated with complyine with state
..h..ntlnn..n.nrooertv laws.
Please review your Required Federal Disclosures or In1tllll
Disclosure for additional fees and charges that may apply to
your account. .
Benefits
We may offer you cenaln benefits and services with your
account. Unless expressly made a pan of this Agreement. any
such benefits or services are not a pan of this Agreement but
are subject to the terms and restrictions outlinid In the benefits
bnxhure and other offlcal documents provided to you from
time to time by or on behalf of MBNA America. We may
adjust. add. or delete benefits and services at any time and
without notice to you.
Refusal to Honor Your Account
We are not liable for any refusal to honor your account.
This can Include a refusal to honor your card or account number
or any check written on your account. We are not liable for
any retention of your card by us. any other bank. or any
provider of goods or services.
,..~
7
W~ M'~Y suspend' or Close Your Account
We may suspend or close your account or otherwise termina
your rieht to use your account. We may do this at any time and
for any reason. Your obligations under this Agreement eontinul
even after we have done this. You must destroy all caJds. aa:es
chedcs. and other credit devices on the account when we reque
that you do so.
You May close Your Account
You may dose your account by nollfy1ncus In writinc or t:
telephone and destroylnc all cards. access checks. and other
credit devices on the account. Your obligations under this
Agreement continue even after you have done this.
Transactions After Your Account Is Closed
When your account is closed. you must contact anyone
authoriz.ed to challe transactions to your account. such as
Internet sefYkle providers. health dubs. or insurance companle:
These transactions may continue to be chafled to yc>ur
account until you chanle the billlnc. Also. If we believe yell
have authorized a transaction or Ire attemptlnc to use yeur
account after you have requested to dose the account. we
may allow the transaction to be charted to your account.
We May Amend Tfrls Agreement
We may amend this Agreement at any time. We may
amend it by adding. deleting. or changing provisions of .thls
Agreement. When we amend this Aereement. we will compl)
with the applicable notice requirements of federal and
Delaware law that are in effect at that time. If an amendmen
gives you the opponunlty to reject the chanee. and if you
reject the change' in the manner provided In such amend-
ment. we may terminate your rllht to receive credit and may
ask you to return a1l cr~1t devices as a condition of your
rejection. The amended Agreement Iincludlnc any hllher-rat
or other higher charges or fees) will apply to the total out.
standing balance. Includlnll the balance exlstlne before thi!
amendment bealme effective. We may replace your card wit
another card at any time.
We May Sell Your Account
We mCY lit any time. ancl without. nota to YOll.sell. IIIII1
or transfer your account. any sums due on your account. this
Agreement. or our rllhts or obliptiOl'lS under your account c
this 1,greement to any person or entity. The person or entity
to wtln.. WI: IIIi1a.c tllIJ IIIUUI _I~, .;IIDISIIII"-I'" Vt "....A. ~~_,
be entitled to a1l of our rights ancllor obligations under this
Agreement to the extent sold. assigned or transferred.
Your Credit Limit
Your credit limit Is dlsciqsed to you when you receive your
card and. lenerelly. on each monthly statement. We mey
chanee your credit limit from time to time.
The amount shown on your monthly stat;~ent as Cash or
Credit Available does not take Into account any Purchases.
Cash Advances. finance charles. fees. any other transactions.
or credits that post to your account liter the Closina Dete of
that monthly statement. Such transactions could result in
your credit limit bein, exceeded Ind result in the assessmen
of Overlimlt Fees.
What We Ma, Do if You Attempt ..
Exceed Your Credit Limit
The total outstandine balance on your llCCDunt plus authoriza.
tions at any time mQSt. not be more'lhen your credit limit. If yoI.
.
.
I'
; ,
....,;... .....
attempt a transaction .that results in your total outstanding bal-
ance (plus authorizations) exceeding your credit limit. we may
(I) permit the transaction without raisine your credit limit: (2)
permit the transaction and treat the amount of the transaction
. that Is more than the credit limit as immediately due: or {31
refuse to permit the transaction.
If we refuse to permit the transaction. we may advise the
person who attempted the transaction that It has been refused.
'If we refuse to 'permit a Check Cash AdvanCe or Balance
Transfer. we may do so by advisine the person presenting the
Check Cash Advance or Balance Transfer that credit has been
refused. that there are insuffident funds to pay the Check Cash
Advance or Balance Transfer. or in any other manner.
If we have previously permitted you to exceed your credit
limit. It does not mean that we will permit you to exceed your
credit limit again. If we decide to permit you to exceed your
credit limit. we may charee an Overlimit Fee as provided in
this Aereement.
Unautflorized Use of Your Card
Please notify us immediately of the loss. theft. or possible
unauthori1ed use of your account at 1-800-789-6701.
YO.. Must Noti'" Us Wflen You Cflange
Your Address
. We strive to k~p accurate records for your benefit and
ours. The post office and others may notify us of a chanee to
your address. When you change your address. you must notIfy
us promptly of your new address.
Wflat Law Applies
Thfs Agreement' is made in Delaware. and we extend credIt
to you from Delaware. This Agr~ment is govemed by the
laws of the State of Delaware (wIthout reglrd to Its conmet of
laws principles) and 'by any applicable federal laws.
Tfle Provisions of This Agreement Are
Severaf1le
If any provision of this Agreement Is found to be invalid.
the remaining provisions will continue to be effective.
Our Rights Lontin,"
Our lailure or delay in aercising any of our lights under
this A(reement does not mean that we are unable to exercise
tnose ftgnlti lillCI.
Ar6itration and Litigation
This Arbitration and Litigation provision applies to you.
unless you were given the opportunity to reject the Arbitration
and Litigation provisions and you did &0 reject them. In the
manner and tlmeframe required. If you did reject effectively
such a provision. you agreed that any IItlgatiQl1 broueht by you
against us regarding this account or this Agreement shall be
broueht In a court located In the State of Delaware.
Any claim or dispute ("Claim-) by either you or us against
the other. or aaainst the employees. ilients. or assigns of the
other. arising from or relatll)i In any way to this Agreement or
any prior Agreement or your a.ccount {whether under a
statute. In contract. tort. or otherwise and whether for money
damaaes. penalties. or declaratory or equitable reliefl. Induding
Claims retarding the applicability of this Arbitration and .
Lltifatlon section or the Ylllldtty of the entire Agreement or
any prior Agreement. shall be resolved by. blndine arbitration.
The arbitration s~1 .be conducted by the National Arbitration
9
Forum (-NAr'.f,under the c6lJe 01 Procedure in eftec:t at the time
the Claim Is flied. Rules and forms of the National Arbitration
FONm may be obtained and Claims may be flied at any Nationll)
Arbitration Forum offK:e. www.atb-forum.<Xm\_ or P.O. Box 50191.
Minneapolis. Minnesota 55.05. telephone 1-800-474"2371.
If the NAF Is unable or unwilling to act as'arbltrator. we may
substitute another nationally re<:oinized. Independent arbi-
tration .organlzation that uses a similar code of procedD~
At your written.request. we will advance.an~ arbitration flllnc
f~. or administrative and hearine fees that yElU are required
to pay to pursue a Claim in arbitration. The arbitrator wilt
decide who will be ultimately responsible for payina thEIR
fees. In no event will you be required to reimburse us for any
arbitration filinI. admlnlstratlw. or hearina fees 111 an amount
greater than what your court costs would have been If the
Claim had been resorved In a state court with jurisdiction.
Any arbitration hearine at which you appear will take place
within the federalludiclal district that includes your bim...
address It the time the Claim Is f1/ec1. This arbitration .....
ment Is made pursuant to a transaalon lnvolvlnc Intem.te
commerce Ind shall be governed by the federal Arbitration
Act. 9 U.s.C. tt H6 ("FAA-). ludgment upon an)' arbitration
award may be entered In any court havina juriscllctkim The
arbitrator shall follow exlstil)i substantive law to the ~ent
cotlsistent With theFM ancl' applicable statutes of limitations
and shall hOlK)r any.c1alms or prlvilete recognized by law. If
any party requests. the arbitrator shall write an opinion con-
tainine the reasons for the award.
No Claim submitted to arbitration Is heard by a jury, and
no Claim mlY be brought as a class action or as a private
attorney general. You do not have the Iitht to act as a c1ISS
representative or participate as a member of a class of
claimants with respect to any Claim. This Arbitration and
Lltillation section applies to all Claims now In existence or
that may arise in the future.
This Arbitration and Utlllation section shall survive the
termination of your account with us as well as any voluntary
payment of the debt In full by you. i1ny bankruptcy by you; or
sale of the debt by us.
For the purposes of this Arbitration and Utliation section.
"We- and -us" means MBNA America Bank. NA. its parent.
subsidiaries. affiliates. licensees. predecessors. successors.
">>~lIa. .,11 p"rd.aser of )\Jur 100000nt. and all of their efJ'kc..
directors. employees. &lents. Ind assllns Of any aAd aU of .
them. Additionally. "we- or -us- shall mean any third pal'tJ
,Rrovidin\ br.nefiU services or products In connection with
the accounn,"cru~U\& Dut ~t rblllletno u.....u DU....ua. ....~.-
chants that Iccept any credit device issued under the
account. rewards 0\' enrollment services. credtt insurance
companies. debt collectors. and all 01 their officers. directors.
employees and qentsllf. and only If. such a third party Is
named by you as a codefendant In any Claim you assert
a,_lnst us. . .
If any part of this Arbitnltlon and Utlg_tloa. section Is
found to be invalid or unenforceable under any law or statute
consistent with the FAA. the remlinder of this Arbitration .nd
Litiaatlon section shall be enforceable without reeard to such
invalidity or unenforceabillty. .
THE RESULT OF THIS ARBITRATION AGREEMENT IS
THAT. EXCEPT AS PROVIDED ABOVE. CLAIMS CANNOT BE
LITIGATED IN COURT. INCLUDING SOME CLAIMS THAT
COULD HAVE BEEN TRIED BEFORE A IURY. AS CLASS
AC11ONS. OR AS PRIVATE ATJ'ORNEY GENERAL ACTIONS.
10
CREDIT iN'SURANeE BENEFITS,
LIMITATIONS, COSTS & EXCLUSIONS
CONSUMER PROTECTION DISCLOSURES
CREDIT INSURANCE IS: NOT A DEPOSIT; NOT FDIC-
INSURED; NOT INSURED BY ANY FEDERAL GOVERNMENT
AGENCY; AND NOT GUARANTEED BY THE BANK.
PURCHASE-or CREDIT'INSURANCE IS-NOT-A-CONDITION
OF OBTAINING CREDIT. IF COVERAGE IS DESIRED. n
MAY BE PURCHASED ELSEWHERE.
Credit InsurJlnce pays your minimum monthly payment"
up to your balance on the date 01 loss (not to exceed 525 000
except disability in M N). until you return to work". if you' are .
involuntarily unemployed. ~ disabled. or If you or your
spouse takes covered family leave. Credit Insurance also
pays your insured outstandil\i balance up to the least of your
outstandinc balance. your crecllt limit (not AL. AZ. At. DE.
DC. 10. IL. IA. LA. MO. MN. MS. NV. NO. OH. OK. RI. SO. vr.
WA. WV " WY). or 525.000 If you Ole.
tllli!lblllty: One insured per account (Insured must be the
primary cardholder or a co-applicant. authorized users are not
eligible). under aee 66 170 in AZ. NY &- VA; 71 in FL. GA. MI.
MO" OK: 72 in NM). Your coverale ends at these same aees
lexcept family leave in AZ. FL &- SO &- unemployment). When
enroll~. certificates will be mailed explalnine your coverage
&- effectIVe date. In MN. unemployment coverage is effective
61 days from your certificate effective date. For unemployment
or family leave benefits. you must be ,ainfully employed
workiTli at least 30 hrslWk (not self-employed or an independent
contractor) for 90 consecutive days before the date of loss
(CO - before appli~tion date). IPA - on the date of loss).
In< - before coverage effective date for unemployment).
Employees ot professional corporations may be eljelble.
Coverall!.e& & Beneft..: Credit Insurance covers: your
death; involuntary unemployment due to job loss. general
strike. unionized labor dispute. or lockout: total disability due
to sickness or injury if you ate unable to perform the material
& substantial duties of your job lor any job after 12 mos. in
PA; 18 mos. in AL. AZ. AR. CA. DE. DC. GA. HI. 10. IL. IA. ICS.
LA. MD. MN. MS. NV. NI. N,n. OH OK RI ~D TN VI' WA WV
WIG- WY); your or your spouse's unPC;id leave of absence .
from employment due to care eX your newborn or newly adopted
child or an incapacitated immediate family member (must be
5tJO\Ja1:. uu.u, 1II\..,.,.......k. "'" ~'_I".A, .-Jl" 11.....--..-1 n..-AI .._
active military duty: jury duty lexcep( in A1C); or residence in
a federally dedared disaster area. Loss (not death) must
continue at least 30 days before benefits beeln. In NY. for
strikes. unionized labor disputes & lockouts. you must be
unemployed for 7 consecutive weeks & qualify for state unem-
ployment benefits before benefits beein. A daily benefit Is
paid for each day of loss over 30 days for unemployment in
NY &- PA. and disability In CA. CT. CiA. NY. MI. PA. .RI &- SC.
You n:'I8Y cancel this COlIer. at any time. If canCeled within
the first 30 days of coveraee. all premiums will be refunded.
ExcJu.lo.... Ufe: suidde in the first 6 months of coveraee
(not MO &- MO). Involuntary Unemployment: retirement.
resienation. voluntary forfeiture of income or lob loss due to
willful or criminal misconduct. disability. strikes in IL. military
discharee in NY & normal seasonal unemployment In TX.
Disability; normal prqnancy or childbirth (ndt CA. MA &- NVl.
intentionally self-inflicted inturies (not MO). or iI pre-exlstina
mediQl condition dun", first 6 months of coverace (not Nil.
Family leave benefits are not paid If you are eJiilble for or
receiving unemployment benefits or are disabled.
. ..-' ...
II
.....$: ....
This Is only'a brief description of coveT8lf!. and COYefBles
vary by SUIte. Please refer to your certificates for a full
explanatloo of cover-.e.
Costs Der S I 00 Der Month of Averall!.e Dalb Bal-llce:
Costs apply to Ufe IL). Disability 10). Unemployment. Ill) i-
Family Luve lFl: AL 54.5c; AX 71c; AZ 99.9c; AA 99c: CA
89.9c; CO 50.66c; CT 42.89c; DE 99.9c; DC 99.9c; n. Itc; CiA
9O.k: HI 8'.9 Ie: 10 99.5c(L Uc. 0 16.9(. U 54e F 2Oc)'IL
8O~97c; IN 96c; IA 97.8c IL 7.2c. 0 16.6C: ""54(. F 2Oc): Ks'
85.47e; KY 97.4e; LA 99.93e; ME 53.05c; ND 79.701<: MA 15.7e;
MI 85.7e; MN J 1.47(; MS 92.5e; MO 61.1e; NT 93.9c; HE
95.k: NV 99.87<; NH 95c; HI 9'1e; HM 5I.9c;NY 52.5c (1.I.Ie.
o 26.k. U 16.k); He 71.3c: NO 94.97(; OH 99.~: OK 97.47.:;
OR lO.k; fA 3'.le; PR 99c: RI 99.k;SC 7'.k;SD".~;TN
92.5c; TX n.7c (L ..Ie:. 0 12.9(. U 16c); UT 90.44(; VI' ".92c
(L Uk. 0 12.24e. F 16C); VA. 84c (L 6.1e. 0 ..~. U 4tc. F
2Oc); WA 89.39(; WV 99.5(; Wl93.6c tL 5.7(. D I.k. U 59c. F
2Oc); WY ".7(.
AVJlllab111tY: Involuntary Unemployment Is not available In
MA or VT, Family Leave Is not available in Ai.. <:1'. MA. NO.
MN. NM. NY. PA. er TX.
~rwrldlLR CompanleslPohew: Involuntary
Unemployment: American SecuritylLOlt5l8'). LOI NY(3J93).
AS LeI TX(lII99). LOIC-IP-KS(2t'96}.l.C'JC-IP-CRS-ME(5115)
and LOIC-IP: Standard GuerantylSCi LOI (5/85) (NH only}.
Life &- Dlsabrnty: Union Security Ufe.'L-I-%. L-S-G In AL. AZ.
Mo.. DE. DC. 10. IL. IA. KS. LA. MO. MM. MS. NY. Ht>. OH. OK.
RI. SO. vr. WA. WV & WY: Standard Guaranty Life rrx onlyy
L-I-2.18J92)13.53RA). First Fortis Life tNY Ufe only)INYLMOOI3.
American Security INY Disability only)IW-S-A. Fortis
Insurance IME o~ly)IU-X-A.. Family Leave: American
SecuritylFLP I~7). FLP-FL(l2J97) in FL. F1.P-NC (3198) In NC
FJ..P-OKI~7) in OK. FLP-VAI2J98) In VA. F1.-IPIAZI(719a) In .
AZ. FL-IP(~7) in IL " IN. f'L-IP-KS (12197) in ICS. FL-IP-ME
(41'99) in ME; FL-IP-WY(~7) in WY; Standard GuarantylFLP
(4197) In NH: Union Security UfeIFLP-vr(4I97) In VT. Solldti1\l
agents for Mississippi and F10rida are Charles M. Gordon and
Pamela Curtis respectively.
The creditor may receive compensation In connection with
this offer.
It is a crime to provide false or misleadlAl information to an
insurer for the purpose of detraudiTli the Insurer or any other
person. Penalties include Imprisonment and.lor lines. In ~.
an insurer may deny insurance benefits if false Information
m_r....AI. ..if,,; ,,- '-' ..-- V-.....t-... \t. .b- r"""".
"Less past due and over aedlt limit amounts. In MI. caver-
age pays ,.. of the belance on your date of disability up to
S 1250. In OR. coverqe pays the ireater of l/36th of the bal-
ance or the current minimum payment due on your date 01
loss. In NY & PA. coyera&e pays the minimum payment due
on your date of loss. In TX. cove....e pays the treater of mr.'0!
your insured outstanding belance on your date of unemploy-
ment or your minimum monthly paymeM. ..
""The number of monthly benefit payments will not exceed 9
for family leave; 12 for unemployment in AL. M. CT. IL. MI. MN
MO. NM. Ne. NY. PA. SC "TX: 12 for disability In M. CO, cr.
FL. KY. 1M. MO. MT. NE. NH. NM. NC. OR. SC. UT" VA..
NY. NI 6- TX Residents 0nIr: To pun:hase coveraees sepa~
write to Asslmlnt Group. P. O. Box 50355. A.tIanta. GA 30302.
Applications will be sent to you.
. ......
12
~
,..~u
EXHIBIT "B"
III
NATIONAL
ARBITRATION
FORUM @
MBNA America Bank, N.A
c/o Wolpoff& Abramson, L.L.P.
Attorneys in the Practice of Debt Collection
702 King Farm Blvd, Two Irvington Centre
Rockville,1.1D 20850-5775
CLAIMANT(s), AWARD
RE: MBNA America Bank, N.A. v William L Davis
File Number: FA0406000285981
Claimant File Number: 4264297999370559
William L Davis
671 Shippensburg Rd
NEWVILLE, P A 172419476
RESPONDENT(s).
The undersigned Arbitrator in this case FINDS:
I. That no known conflict of interest exists.
2. That on or before 06/1 0/2004 the Parties 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 $7,681.75.
~i~~
Arbltrator
ACKNOWLEDGEMENT AND CERTIFICATE
OF SERVICE
This Award was duly entered and the Forum hereby
certifies that a copy of this Award was sent by first
class mail postage prepaid to the parties at the above
referenced addresses on this date.
Entered in the State of Pennsylvania
Date: 08/ I 8/2004
~~~-~~~ \~~
Honorable Harold Kalina, Ret.
Director of Arbitration
08/18/2004
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8
SHERIFFIS RETURN - REGULAR
CASE NO: 2004-05621 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MBNA AMERICA BANK NA
VS
DAVIS WILLIAM L
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
DAVIS WILLIAM L
the
DEFENDANT
, at 1945:00 HOURS, on the 2nd day of December, 2004
at 671 SHIPPENSBURG ROAD
NEWVILLE, PA 17241
by handing to
WILLIAM DAVIS
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff1s Costs:
Docketing
Service
Affidavit
Surcharge
18.00
14.06
.00
10.00
.00
42.06
So Answers:
___;;.~-;"""'a/ "" /,/'-~~ /0
,,~ !?,~~~-.;#~,;~,.-j;,..~;'1,,';.;f'.~4..'~~ if'-~~'
, .
R. Thomas Kline
12/06/2004
WOLPOFF & ABRAMSON
Sworn and Subscribed to before By:
me this &!:!::: day of
C) ~"" M7 ;l "lJ'i' A. D .
C~~t2 ~$'-
rothonotary I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
655 PAPER MILL ROAD
MAIL STOP 1411
WILMINGTON DE 19884-1411
NO. 045621
:
Plaintiff
vs.
WILLIAM L DAVIS
Defendant(s)
PRAECIPE FOR JUDGMENT
Mr./Ms. Clerk:
Please enter Judgment in favor of Plaintiff and against Defendant(s),
WILLIAM L DAVIS and
for want of ANSWER TO COMPLAINT.
Amount due $ 7681.75
Interest $
Attorney's Commission $
Filing costs $
TOTAL $ 7681.75, plus interest
( X) I certify that the foregoing assessment of damages
amounts alleged to be due in the complaint and is calculable as
the complaint.
( X) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or
decree), I certify that a copy of this praecipe has been mailed to each other party
who has appeared in the action or to his/her Attorney of Record.
( X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the
intention to file this praecipe was mailed or delivered to the party against whom
judgment is to be entered and to his/her Attorney of Record, if any, after the
default occurred and at least ten days prior to the date of the filing of this
praecipe and a copy of the notice is attached.
( X )
and costs
is for specified
a sum certain from
DATE:
L(-/I~ fJl)
Signature:
Amy F. Doyle 1187062
Daniel F. Wol son #20617
Bruce H. Cher is #18837
Philip C. Warholic #86341
David Schertz /181925
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Practice of Debt Collection
267 East Market St., York, PA 17403
(717) 846-1252
Counsel for Plaintiff
NOW, ~LA-~ :J.L.j . 20~, JUDGMENT IS
Division
Prothon
By:
Deputy
PRAECJ/PANOJ
W&A FILE NO. 120734099
I
551
MAIN OFFICE
TWO IRViNGTON CENTRE
702 KING FARM BLVD,. ROCKVlLLE, MD 20850
REGIONAL OFFICES
10605 JUDICIAL DR" BLDG. A-5, FAIRFAX, VA 22030
1108 E. MAIN ST., STE,1003, RICHMOND, VA 232t6
5122 GREENWICH RD., VIRGINIA BEACH, VA 23462
9'9 N. MARKET ST., STE. 1300, WILMINGTON. DE 19899
1954 GAEENSPRING DR., STE. 400, TIMONIUM, MD 21093
1 VALLEY BANK BLDG. BOX 1226, CLARKSBURG, WV 26302
2625 TOWNSGA TE AD #330, WESTLAKE VILLAGE. CA 91361
267 E. MARKET ST., YORK, PA 17403
24360 NOVI RD., BLDG. 1, NOVI, MI48375
NATIONAL COLLECTION ATTORNEY NETWORK
AFFILIATED FIRM LOCATIONS [NOT REGIONAL
OFFICES OF WOLPOFF & ABRAMSON, L.L.P.] 'It
BIRMINGHAM, ALABAMA CABOT, ARKANSAS
ANCHORAGE. ALASKA ENGLEWOOD, COLORADO
PHOENIX, ARIZONA FT. LAUDERDALE. FLORIDA
120734099
WilLIAM l DAVIS
LAW OFFICES
W 0 L P 0 F F 8< A BRA M SON, L. L. P.
Attorneys in the Practice of Debt Collection
(A National Collection Attorney NetINork Firm)
267 EAST MARKET STREET
FIRST FLOOR
YORK, PA 17403-2000
717-848-6203
OUTSIDE YORK METROPOLlT Jl..N AREA
(TOLL FREE)
1-800-758-0675
FACSIMILE (717) 848-1146
PLEASE DIRECT ALL INQUIRIES TOYORK OFFICE
671 SHIPPENSBURG RD
NEWVillE PA 17241-9476
Re: MBNAIVISA
vs. WilLIAM l DAVIS
Docket No. 045621
Dear WilLIAM l DAVIS
NATIONAL COLLECTION ATTORNEY NETWORK
AFFILIATED ARM LOCATIONS rNOT REGIONAL
OFFICES OF WOLPOFF & ABRAMSON, LL.P.l *
NORCROSS, GEORGIA FARGO. NORTH DAKOTA
HONOLULU, HAWAII CLEVELAND, OHIO
BOISE, IDAHO OKLAHOMA CITY, OKLAHO'VIA
MERRILLVILLE.INDIANA EUGENE, OREGON
CHICAGO, ILLINOIS PROVIDENCE. RHODE ISLAND
KANSAS CITY, KANSAS COLUMBIA, SOUTH CAROLINA
LEXINGTON, KENTUCKY KNOXVILLE, TENNESSEE
METAIRIE, LOUISIANA HOUSTON, TEXAS
NEEDHAM, MASSACHUSETTS SANDY. UTAH
MINNEAPOLIS, MINNESOTA MILWAUKEE, WISCONSIN
ST. LOUIS, MISSOURI RAWLINS, WYOMING
GREAT FALLS, MONTANA
OMAHA, NEBRASKA
LAS VEGAS, NEVADA
MANa-lESTER, NEW HAMPSHIRE
CEDAR KNOLLS, NEW JERSEY
SYOSSET, NEW YORK
RALEIGH, NORTH CAROLINA
.. Tbo Nliltionlill Collection
Attorney Network i. an
affiliation of aeparallllaw finn..
W&A Hours of Operation;
8a.m. -11 p.m. E.S.T. M-F
I W&A File No. 120734099
Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the
Pennsylvania Rules of Civil Procedure.
Enclosure
CC: WilliAM l DAVIS
Sincerely,
Amy F. Doyle #87062
Daniel F. Wolfs n #20617
Bruce H. Cherki #18837
Philip C. Warholic #86341
David Schertz #81925
WOlPOFF & ABRAMSON, l.L.P.
Attorneys in the Practice of Debt Collection
267 East Market St" York, PA 17403
(717) 846-1252
Counsel for Plaintiff
This is an attempt by a debt collector to collect a debt and any informalion obtained
wi II be used for that purpose.
N0T10D/PANOTC
LTRHD1 (10/11104)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
655 PAPER MILL ROAD
MAIL STOP 1411
WILMINGTON DE 19884-1411
NO. 045621
:
Plaintiff
vs.
WILLIAM L DAVIS
:
Defendant(s)
TO: WILLIAM L DAVIS
671 SHIPPENSBURG RD
NEWVILLE PA 17241-9476
DATE OF NOTICE: 12/24/04
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED OF YOU IN
THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Assn.
32 S. Bedford St.
Carlisle
800-990-9108
PA 17013
By:
Amy F. #87062
Daniel F. W01 son #20617
Bruce H. Cher is #18837
Philip C. Warholic #86341
David Schertz #81925
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Practice of Debt Collection
267 East Market St., York, PA 17403
(717) 846-1252
Counsel for Plaintiff
IMPNOT/PANOTC W&A FILE NO. 120734099
u
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
655 PAPER MILL ROAD
MAIL STOP 1411
WILMINGTON DE 19884-1411
.
.
No. 045621
Plaintiff
vs.
CIVIL ACTION - LAW
WILLIAM L DAVIS
Defendant (s)
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
The undersigned counsel, being duly sworn according to law, depose and say
that I am the Attorney for the Plaintiff in the above-captioned matter, and that to
the best of my knowledge, information and belief Defendant,
WILLIAM L DAVIS , above-named, is over 21 years of age; is last
known to reside at 671 SHIPPENSBURG RD
NEWVILLE PA 17241-9476
County of CUMBERLAND , Pennsylvania; is not in the military service of
the United States or its Allies, or otherwise within the provisions of the
Servicemembers Civil Relief Act and its Amendments.
COMMONWEAUII OF PFNNSYLVANIA
Notarial Seal
Dina A. Sweitzer, Notary Public
City of York, York County
My Commission Expires Apr. 16, 2008
Amy 87 6
Daniel F. W lfson #20617
Bruce H. Ch rkis #18837
Philip C. Warholic #86341
David Schertz 1181925
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Practice of Debt Collection
267 East Market st., York, PA 17403
(717) 846-1252
Counsel for Plaintiff
SWORN and SUBSCRIBED to before me this
( ( day of r-1ae; I
D lnUi5f;t(;/Jr
Notary Public V
,20m.
PNMAFF/PANOJ
W&A FILE NO. 120734099
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
655 PAPER MILL ROAD
MAIL STOP 1411
WILMINGTON DE 19884-1411
No. 045621
Plaintiff
vs.
CIVIL ACTION - LAW
WILLIAM L DAVIS
Def endan t Cs)
CERTIFICATE OF RESIDENCE
PA. R.C.P. 236
I, hereby certify that the precise residence of Plaintiff is:
MBNA AMERICA BANK, N.A.
655 PAPER MILL ROAD
MAIL STOP 1411
WILMINGTON DE 19884-1411
and certify that the last known address of the within Defendant(s) is:
WILLIAM L DAVIS
671 SHIPPENSBURG RD
NEWVILLE PA 17241-9476
Amy F. #8706
Daniel F. Wolfs n #20617
Bruce H. Cherki 1118837
Philip C. Warholic #86341
David Schertz 1181925
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Practice of Debt Collection
267 East Market St., York, PA 17403
(717) 846-1252
Counsel for Plaintiff
PCRES/PANOJ
W&A FILE NO. 120734099
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A.
655 PAPER MILL ROAD
NO. 045621
Plaintiff
vs.
CIVIL ACTION - LAW
WILLIAM L DAVIS
:
Defendant (s)
NOTICE OF JUDGMENT
( x) Notice is hereby given that a
in the above-captioned matter has~been entered
$ 7681. 75 , plus interest, on L::!f11 ~I..{
( x) A copy of all documents filed with the
within judgment is/are attached.
against you in the amount of
,20~.
Prothonotary in support of the
t1 . ~
prothonrl;rY~ViSi
By:
If you have any questions regarding this Notice, please contact the
filing party.
Amy F. oyle A 062
Daniel F. Wo fson #20617
Bruce H. Che kis #18837
Philip C. Warholic #86341
David Schertz #81925
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Practice of Debt Collection
267 East Market St., York, PA 17403
(717) 846-1252
Counsel for Plaintiff
(This Notice is given in accordance with Pa.R.C.P. 236.)
NOTICE SENT TO:
WILLIAM L DAVIS
671 SHIPPENSBURG RD
NEWVILLE PA 17241-9476
STNTC/PANOJ
W&A FILE NO. 120734099