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Home My WebLink About04-5622MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : VS. : DAVID L MILLER : 422 BIG SPRING RD NEW CUMBERLND PA 17070-3103 : 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 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 la 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 o en persona o por abogado y archivar en la corte en forma escrita sus defensas o 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 o notificacion y pot cualquier queja o alivio que es pedido en la peticion de demanda. Used puede perder dinero o sus propledades o otros derechos importantes para used. LLEVE ESTA DEMANDA A UN ABODOAGO IMMEDIAT;~MENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA 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. 120107741 943 IN THE COURT OF COMMON PLEAS OF CUMBERLAND MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 NO. COUNTY, PENNSYLVANIA Plaintiff : VS. : DAVID L MILLER : 422 BIG SPRING RD NEW CUMBERLND PA 17070-3103 : CIVIL ACTION - LAW 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 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, DAVID L MILLER , is an adult individual with a last known address of 422 BIG SPRING RD NEW CUMBERLND PA 17070-3103 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 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. 120107741 947 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 $ 9574.26 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), DAVID L MILLER , in the amount of $ 9574.26 plus costs of this action and such other relief as the Court deems proper and just. Respectfully submitted, Daniel F. W~lfson #20617 Bruce H. C~erkis #18837 Philip C. Warholic #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 1DSOA2/PACCP W&A FILE NO. 120107741 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: Amy F. Doy~ ~ Daniel F. %olfson #20617 Bruce H. C~erkis #18837 Philip C. Warholic #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. 120107741 943 EXHIBIT "A" -.:...:....: ~.~. -.-?: .... .~,,..:~... ,. :.' '~.,...~...,&. · · '..' :.. · :..,: .... · . '.~: ':.~-: ~,-~'. ....... . .... ....~.,...' ... ~.. ... I Payments on Your ^ccoant ...................... · ......... ...... .' .'~:'..'.,~..~..~,t~_z"-~'.,:~__ ,_ ~ _ .......... · I We May Amend Thi~..P~reement ............. 8 - -. · . : ... -.:.'..:::. -...- : .. . .. ,..~,:,:~.,,: ..'.~.-..:-~..:.:p.~ · ,.. :~ ,,~--?...,..- . , ..:. . .:~:.,.? -.,.:...~..'-.~.:,~ ::~-.:...:~:.~..~:. ,~,?: . -' · : · .: '.....: ...;:.:;:~z.~¢...'..'.": ..'.~. '..~'.y,,:.~. ~".- ...... ' ' NE:X'r! Y~our Credit Card ~ment with us ~nsists of ~h~ Ad~itional Te~s and Conditions and the d~ment ~11~ thq R~ui~d Federal Disd~ur~ o~ the initial Di~u~. Yo~'agr~ to the t~ms~d ~ditions d ~is ~m~t. Fotthe pu~e ol ~he Pn~c~ ~0~, we will u~ the ~finit~m ~ain~ in the thi~ ~rag~ph ol the P~ N~. For th~remai~e~ of the ~r~ment, we ~11 u~ the defini~o~ de~ unde~ the s~ion heading We~s U~ ~ P~acy Noti~ Your pd~ b impo~nt to ~: ~ MBNA. we am ~mmi~ to providi~ ~u with the fine~ finan~al pr~u~ and se~i~s ba~ by mnsi~ently to~uali~ ~. ~d while info~tion a~ ~u ls ~men~l to our abili~ to do ~is, we fully ~n~ the im~ ~ k~pi~ ~onal and a~unt' info.at(on To offer ~u the wid~ m~e of pr~u~ and ~. MBNA.may share information a~ut you ~th within MBNA and outside of MBNA with other ~is alio~ us to offer you p~u~ and se~i~ that may intere~ you and b~ m~ your ne~s, wh~her t~y are available direly from. MBNA or through our ~lationships with other ~m~nies. We wart you . u~e~a~ our info~ation safegua~s, what inlo~atiot ~ ~11~, what info.at(on we sha~, and the ~nefl~ ~ ~i~ when we sha~ info~a~ a~:~u. This notice descg~s the priva~ p~i~s of MBNA Co.ration and all MBNA affiliate, including MBNA A~fi~ BanL N~.. MBNA Ameri~ (~lawa~), Palladian ~avel ~i~s. Inc.,' MBNA Hallma~ In~ation ~ic~, Inc..'MBNA Ma~eting S~ems. I~, and MBNA Insumn~.~e~, Ina (~ll~ively,. 'MBNA'), for finan~al pr~u~s and se~ices govem~ by the laws of the United 5tat~ of ~eri~. noti~ ~plains MBNA's info.atari coll~ion and s~ng pra~ices and lets you ch~se whether or MBNA may share ceRain info.at(on about you, eithe~ vithin MBNA or outside of MBNA Mth other Our Secufl~ P~cedum: MBNA unde~tands the im~n~ of prot~ng ~d s~ng info.at(on a~ut you is restfi~ed to the ~ople of'MBNA who ~uim it to pro, de pr~u~s or se~ic~ to ~. We ~in~in ph~iml, el~ron~, and p~umi t~t ~mply with i~eral standa~s-for the of Info~ation. ~hen MBNA shams info~ation a~ you ~h ~m~ni~ outside of MBN~ we ~uim them to im~se safegua~s, use it only for a ~in~ pu~. and to return it to us or destroy ~ on~ t~t.pu~ is se~. We limit the amount of info~ation shar~ to what is appropriate to offer a p~u~ or ~i~ effi- · dently. MBNA requires any ~m~ny r~ei~ infor- mation (rom MBNA to sign a Confidential~ ~r~ ~n~ining these r~uiremen~ and obligating t~t ~m~ny to prot~ the info,at(on as we would. Information We Collect= MBNA collects and uses nohpublic 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 following: · 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 Interact: · Information we receive [rom third patties, such as consumer reporting agencies, to verify statements you've made to us, or regarding your employment. credit, or other relationships; and · Information about your transactions 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 interest you and meet your needs. We believe this is convenient lot you and may sage you both time and money. To do so, ~e share identification information (such as name and addressl, transaction and experience information Isuch as purchases and payments), credit eligibility information' Isuch as credit reports and applications), and other in[ormation. The decision to purchase any such prod- ucts or services is yours alone. You may tell us not to share credit eligibility information about you within MBNA. but please understand this does not prohibit us from offerir~ you additional products and services or [TOm sharing transaction and experience. identification, and other information within IVIBNA. Information We Share With Othere: 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 (such as banks, loan brokers, account aggregators, insurance agents, insurance companies. mortgage bankers, and securities broker-dealers), by nonfinancial companies (such as retailers, direct mat- keters, communications companies, Intemet service providers, manufacturers, service companies, travel publishers, and organizations endorsir~ MI~NA financial products Or se~ices), and others (such as nonprofit organizations). Subiect to applicable ~aw. we may share all the information we collect with these cqrnpanies out- side of MBNA. unless,you tell us not to. Additionally. we may share all the information we collect with companies that perform marketin~ or other services on our behalf or to other financial institutions with which we have )oint 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'ef~li:es through affinity agreements. with government entities in response to subpoenas or 2 regulatory.~;"quirernents;a~xi with consumer reporting agencies, if you tell us not to share information with companies outside of MBN^~hat wish to offer'you their prc?clucts and services, as described above, please understand that we will continue to share information in these additional circumstances. Important informetton About Your Cholee.~ We're dedicated 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 outs. ide of MBNAthat wish to offer you their products and serv- ices as described above. If you wish to opt out of such f-rmationsharing please call toll-free 1-866-751-1255. e~wil] ask you to ~erify your identity and the specific accounts to which the opt out applies, so please have all your 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 rerson listed with others on an account opts out (for example, a co-applicant, ioint account holder, or authorized user], we will list the entire account as having opted, o.ut. MBNA..will ,continue to adhere to its disclosea privacy practices [or 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 and/or with companies outside of MBNA, remains effective unless revoked'in writing. Federal regulations require us to provide this notiCe on an annual basis, whether or not an account has previously opted out ~rom either type of information sharing, please rememberwhen-you receive our subsequent noti.ces that an account previously · opted out from either or both t~pes of information sharing land not revoked in writing) does not need to be opted out a~ain. This notice updates and replaces any previous notices from MBNA about the t~ivacy, security, and ~,~ll~Ai~ll~ I~ ._~.~.~atir~n I~r ar~'liti~rml information Interact. and to view the most recent version of this privacy n, otice, please go to www. mbna.com and click on 'privacy Notice,' You may.have other privacy pro- tections under state laws. We may amend this privacy notice at any ti~e, and we will inform you of changes as required by law. Werds Used Olden M' T/ils A~rce;~e~t · 'A~reement"- or 'credit Card A~reement' means these Additional Terms and Conditions and the Required Federal DisClOSU~S for the initial Discfosurei and any changes we make to those documents from time to time. 'You' and 'your' mean each and all of the persons who ate eanted, accept, or use an ac~. un.t we hold...'Y~' and 'your'_ also mean any other parson WhO nas euarantea~ payment ot this account, when used in the sections entitled We May aaa Par, etd Tde~ Cais and Ar~i~mliaa aad LJ~i~li~ and when u-'~ in each of the ~ relating tojoayment of this account 'We,' 'us,' *our'. and 'MBNA America' mean MBNA Amei4ca Bank. N.A. 'card' means all the credit cards we issue to you and to ' any other person with authorization to use this account pursuant to this Ag~eernent. '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 he~ the mesnir~ given in the Required Federal Disdosuras or the initial Disclosure or as used in your monthly statement. We use section headings {such as Words Used O~n ia T~ A~reement) to organize this A~reement. The actual terms c this Agreement are in the sentences that follow and not. the hesdinls. Si~n Your Card You should si{n your card beiore you use it. We Mail Mo;dior ami Record Telepfione Calls You consent to and authorize MBNA America. any of its ~flli- utes. of its marketing associates to monitor and/tx record ar of your telephone conversatioqs with our representatives tx the representatives of any of those companies. Credit Reporting Agencies You authorize MBNA America to collect information about you. including credit repons from consumer reporting ngencte If you believe we have furnished inaccurate or incomplet~ information about you or your account to a credit .ra~. n~ agency, write us at: MBNA. Credit RepoKin~ A~enc~es. P.O. Box 170~4. Wilmington. DE: 198~4-'/054. Please include you name. address, home phone number, and account number. and explain what you believe is inaccurate tx incomplete. How te Use Your Account You may obtain credit in the iorm of Purchases and Cash Advances by using your cards, access checks, account num- ber. or other credit devices. Please refer to your Required 4~ederal DiKIosure~ or lrtltlal Die/'lo~ure ro det~-rmine transactions constitute Purchaaea and Cash Advances and how you may obtain them. The transaction date for Chec~ Cash Advances and BaMr Transfera clone by check is the date ~)u tx the person to whom the check is made payable hm deposits tx cash~ t~ check. The transaction date lot a returned l:myme~t twhk~ will then be classified-as a Bank Cash Advance} is the dire that the corresponding payment posted to your ~x:ount. Purposes for Using Your Account You may use your account ~tx personal, bmily, tx househ ~ourposes. You may not use your account for bu$1nees tx commercial purposes. You may not use a Check Cash Advance. or any other Cash Advance, to make a payment this or any other ctedlt account with us. You may not use o: permit your account to be used to make any illegal transacti Persons Using Your Account If you permit any person to use l~ur card. access chee account number, or other credit device with the authorizer to obtain cr ,ed.~.t.,,on your acco'u~tt, you may be liable for tmn's~action~'m'ade by that ~rsOn, including transactions for whic~ ~ou may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded, Authorized use~ of this account may have the same acc~s to information about the account and its users as the account holders. How You May Stop Payment on an Acc~ss'C~eck ' · You may request a stop payment on an access check by : providi~ us with the access check number, dollar amount, and I:~yee exactly as they appear on the access check. Oral and wriL~en stop payment requ~s o~ an ~ check are effective fo~ six months from the day that we place the stop payment. You Ma!/Not P'osMato an Access C~eck You may not issue a postdated access check on your account. If you do postdate an access Check, we may elect to honor it upon presentment or return it unpaid to the person who presented it to us for payment, without, in either case. waitln~ for the date shown on the access check. We are net liable to you for any loss or expense incurred by you arising out of the action we elect to take. Your Promise to Pm.I You womise to pay us the amounts of all credit you obtain, which includes all Purchases and Cash Advances. You also promise to pay us. all the amounts of finance charnel, fees. and any other transactions we charge against your account. Payments on. Your Account You must pay ~ach month at least the Total Minimum Payment Due shown on your monthly statement by your Payment Due Date. You may pay the entire amouht you owe us at any time, Payments mada.ln any bi)ling cycle that am creater than the Total Minimum Payme~ Due'will not affect your obli~ation to make the next Total Minimum Payment Due. If you overpay or if there is a czedit balance on your account, we will not peyintemst on such amobnts. We will reject payments that are not drawn in U.S. dollars and those drawn on financial inatltul, lona ka.~l,J out~lde the United States. Payment of your Total Minimum Payme..nt Due may not avoid the assessment of Overlimit Fees. to Your Account We credit payments as of the date received, if the payment is (il received by 2 p.m. (Eastern Time]: (2! received at the addre~ shown in the uppe~ lehohend comer of the horn your monthly ~atement: 13) paid with s chectc drawn in dollars On a U.S. financial institution or a U.S. dollar money order; and (4.! sent in the return envelope with,only the top portion of your statement a .c~.'ompanying it. Paymen~ rece|ved after 2 p.m. on any day. Including the Payment [::me Date. but that otherwise meet the above requirements, wiii be credited as of the next day, Credit tot any other payments may be dels)~l up to t'~ daYs. How We Allocate Your Payments We will allocate your payments in the manner we determine. In rnc~ instances, we will allocate your payments tO balances Ilnctuding new transactions)with lower ^PRs before balances with higher ^PRs, This will result in new balances with lower APR$ (such as thc~.~.?h promotional APR offersl being paid before any other existin~ Promise to Pay Applies to ~! ~1 ~ns w~ initt~l~ or su~ntly ~u~, ~. ~ua~nt~. ~ u~ the a~unt a~ i~i~lly a~ t~r r~nsible ~ any total o~andi~ ~b~. We may to ~le~ from llabill~ any ~n ~ is r~nsible any total out~andi~ ~la~. until all M the ~s, ~ ~. a~ ~her ~it ~ out~a~i~ un~r t~ ~nt ha~ ~n retum~ to ue a~ any s~ ~n or ~ns ~ us the to~l ou~andi~ ~ ow~ ~ us at any tl~ unit the te~s of this ~nt. Default Y~ ~fl ~ in default ~ this ~r~ fi: (I ] ~ fail make any ~ui~ ~1 Minimum ~nt ~ ~ i~ ~e ~: 12) ~rt~l o~i~ ~ ~ ~r~ limi~ ~ {31 ~ ~il to abi~ ~ a~t~ ~. ~ly for t~ pu~ M ~ini~ ellei~l~ a~ ~mlum ~nt.~l~ ~ ~ ~io~l ~ insum~ pu~ thtou&h MBN~ ~ will ~ d~ in default or delinquent if ~u ~il to ma~ a ~t ~in da~ ~ ~ur Pa~t ~ ~e. ~r failure to ~e~ any c our ~hm w~n ~u default ~ nm ~an t~t we am unab~ to ~e~ tho~ ~ghm u~n tater ~auit. W~e~ We Ma~ R~uire lmm~ia~ If ~u am in default, we ~n r~uire imm~iate ~yment of your t~al outstanding balan~ and. units ptohibit~ appli~ble law and ex,pt as othe~i~ pmvid~ under the A~tmtea a~ UI~I~ s~ion ot this ~r~ment. we also r~uim ~ou to ~y the ~ we in~r in any ~ll~ion ~r~l~. as well as reasonable a~ome~' f~ I~ we ~fe ~ur a~unt for ~ll~ion to an a~om~ who is not our ~lari~ empl~. Ot~er Paeme~t Te~ We ~n ~ late ~en~. ~nial ~n~. ~ merits with any ~l~ writi~ ~t~ i~in8 any ~ our rights under this ~r~ment. ~is ~ans that no pa~t. includi~ tho~ ma~ w~h 'Paid in ~11' or with any ~he~ ~est~ti,~ w~. shall o~mte ~ agc~d ned wit~Ut t~ p~ ~en a~t ~ ~ M out ~nior You ~y n~ u~ a ~stdat~ ch~ to ~ a ~m. If ~u do ~date a~nt ~ we ~ el~ to h~ pr~nt~ R, with~t, in either ~. ~Ri~ ~r the s~~ We am ~ I~m~ ~any ~ P~mext Holidees We ~y ali~ ~u, ~mm time to ti~, to omR a ~' pay~. We will noti~ ~u ~en th~ ~ is you omit a ~nt. fl~n~ ~ aha any appli~ will ~ on ~ ~unt in a~ with th~ ~t. You mu~ ~u~ ~ ~r ~1 Minimu Paint ~ ~ month ~llowi~ a ~n~ holily. Trensactioxs Made ix Forelex will ~ ~n~n~ ~ ~ IntematW~l ~ Maste~M ' I~e~t~l. ~ndi~ on wh~ ~M ~ u~, into a t dollar a~nt ~ a~n~ with ~ ~tine ~ul~W ~n~ p~u~ in e~ at t~ ti~'t~t t~ is ~. Cunently, th~ ~la~Wns and p~ur I I ) a wholes~l~e~market'rate b~-12} a govarnment-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 [Tom the rate in effect on the transaction date or the posting date. 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 billing cycle. Account Fees and .4ccoent Fees: The following fees. which are set forth in your Required Federal Disclosures or Initial Disclosure. are chat~,~ed as Purchases in the billing cycle in which the fees accn~:. ! Il 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; 12} an Ovedimit Fee I! your New Balance Total exceeds your credit limit on the last day o[ a billing cycle, even if fees or finance charges charged by us cause your New Balance Total to exceed your credit limit: an Overlimit Fee is charged to your account as of the day in the billing cycle that the total outstanding balance on your account exceeds your credit limit: 13) a Returned Payment Fee ii' a payment on your account is returned for insufficient funds or lot any other reason, even if it is paid upon subsequent presentment: {4) a Returned C~sh Advance Check Fee if we return .an access chec~ unpaid for any reason, even if the access check is paid upon subsequent presentment: I~) a Col:~ lee for each copy of a monthly statement or sales droll except that the six most recent monthly statements a.nd six sales drafts will be provided for free; and 16) an Annual Fee if ~our account is open Or il you maintain an account balance, whether you have active charging privi- leges or not. Abaedoned-P~oP~. t~' Chaldea: Unless p~ehibit~d by applicable law. we will charge your account, as a Purchase, for any costs incurred by us associated x,qth complying with state ~h~d~nm"L,nrooertv laWS, Please review your Required Federal Disclosures or Inlt-lal Disclosure tar additional lees and charges that may apply to your account. Benefits We may offer you certain benefits and services with your account, Unless expressly made a part cd this Aereement, any such benefits or services are not a part of this Agreement but are sublect to the terms and restrictions outlin~c] in the benefits brcx:hure and other official documents provided to you from time to time by or on behall of MBNA America. We may adlust, 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 re,usa] to honor your card or account number or ~ny check written on your account. We are not liable an)' retention cd your card by us. any other banlL or any provider cd goods or services. We Md!l Suspend or Close Your Account We may suspend ~ c~ose ~K)ur account or othe~vise term~na' your ~ht to use your account. We may do this at any time and ~or any rea~ Your obli~ations under this A~,ement contlnta even a~tet we have done this, You must destroy all cards, acoes checks, and other credit devices on the account when we reque. You Mag Close Your Account You ma,/dose your account by notil¥in{ us in writinl or I: telephone and destroying all cards, access charles, and othe~ credit devices on the account. Your obligations under this Agreement continue even after you have done Transactions A[1er Your Ac~)unt Is Closed · When your account is closed, you must contact anyone authorized to chavie transactions to your account, sud~ es Internet semt~ pmvlclets, health dubs. or insurance companle These transactions may continue to be char{ed to your account until you change the billing, AISc, if we believe you have authorized a transaction or am attempting to use your account after you have requested to close the account, we may allow the transaction to be charged to your acoount. We Mag Amend TR/s Agreement We may amend this Agreement at any time. We may amend it by adding, deleting, or chan~lr~ provisi~.,ts of Agreement. When we amend this Agreement. we will compl~ with the applicable notice requirementS cd federal and Delaware law that are in effect at tha~ time. Ii an amendmen gives you the opportunity to reject the change, and ii you reject the change.in the manner provided in such amend- ment. we ma~7 terminate your right to receive credit and may ask you to tatum all credit devicss as a condition cd your relection. The amended Agreement llnciudlng any hleher-rat or other higher choreas or feesl will apply to the total out. standing balance, including the balance existing before th~ amendment became effective. We may replace your card wit another card at any time. We Mag Sell Your Account We may at any time, and wRhavt.noti~ ta you, sell, or transfer your account, any sum~ due ~ your a~count, this Agreement. or our rights or obli~stio~ u~der your account this Agreement to any person ot entity. The person or entit7 be entitled to ali cd our rights and/or obii~ations under this Agreement to the extent sold, assigned or transferred. Your Credit Limit Your credit limit is dischased to you when you receive card and, generally, on each monthly statement, we may chance your credit limit h~m time to time... The amount shown on your monthly statement as Cash or Credit Available does not taka into account any Purcha~s, Cash Advances, linance char{es, tees, any other transactions. or credits that post to your account after the Closing Date cd that monthly statement. Such transactions could result in your credit limit heine exceeded and result in the assessmen of Overlimit Fees. W&at We Mai/Do il Y0. Attempt ta Exceed Your Credit Limit The total outstanding balance on your account plus authofea- tions at any time mqSt~ not be more'than your credit limit. If yo~ a~p~ a tr:~ion .~at r~l~ in ~our to~al ou~'~a~i~ ~l- an~ (plus authofl~tions] ~in~ ~ur ~it limit, ~ m~ (I) ~it the tmn~ion wit~ut misi~ ~ur ~it limit: (2] ~it t~ t~n~i~ and t~t the amount ~ t~ trenton · t~t is mom than the ~lt limit as im~iately due; or ~ m ~it the tmn~. If~ ~u~ to ~it t~ tm~ion. ~ ~ya~ the ~ who a~empt~ the tmn~n that it ~s ~n m~. ' If ~ ~ to'~it a Ch~ ~h A~& er ~ns~r. ~ may do so by a~siq t~ ~n p~ntiq ~e Ch~ ~sh A~n~ or ~lan~ ~ns~er t~t ~it has ~n : m~. t~t there are insuffident ~n~ to ~y &e Ch~ ~sh ~n~ or ~lan~ ~ansler. or in any other ~nn~. If we ha~ pr~iously ~i~ ~u to ~ ~ur ~it limit, it ~ not mean that we will ~it you to ~ your ~it limit a~ain. If we d~de to ~it ~u to ~ your ~R limit, we may charge an ~edimit F~ as provid~ in th~ ~. U.autRo~ Use of Your Piea~ noti~ us imm~iste~ of the loss, theE, or ~sible u~ut~ u~ of your a~unt at I-8~-78~701. Yea M~t Notf~ Us WRe. Yea Year A~ress We ~fl~ to k~p accurate r~s [or your ~nefit and oum. ~e ~ offi~ and othem may noti~ us ~ a chan~ to ~ur a~. When ~u c~nee ~ur a~s, ~u mu~ noti~ us pmm~ of ~ur new add~. WRat ~w Appli~ ~is ~memene is made in ~lawam. and we ~end ~edit to ~u Imm ~lawa~. This ~r~ment is go~m~ ~ the la~ of the State o[ ~lawa~ (without ~a~ to i~ ~nfli~ of la~ primPS) and .by am/appli~ble [~e~l is~.. TRe Provisions of TR~ Agreement Are Severa~b II any provision o[ this ~ment is ~ound to ~ invalid. the remainin~ provisions will ~ntinue to ~ eff~i~. Our Righ~ contin~ Our ~at~ ~ay ~ ~isi~ an~ of out ~gh~ unit this ~r~ment d~ not m~n that we a~ unable to ~e~ Arbitration and Litigation ~is ~ltmtion and Lit~ation provision a~ll~ to ~u. un~ ~u we~ given the op~unl~ to rei~ t~ ~itmtion and UtieaUon pm~slons and ~u did ~ ~ t~m. In ~nne~ a~ timeframe ~ui~. lieu did ~j~ e~ su~ a p~sion. ~u a&r~ that any ]it~ati~ bm~t ~ain~ us rega~lne this a~unt ot this ~ment shall brecht in a ~u~ I~t~ in the S~te ~ ~lawa~. ~y ~aim or dispute ('C~im'} ~ eit~t ~ ot us ~ai~ the oth~. or a~ain~ the empl~. ~en~. ot a~i~ of the ot~t. aflst~ kom or relati~ in any way to this ~ment or am/pilot ~ment or your a~unt (whether under a statute. In ~ntra~. to~. ot othe~ise and wh~et for mon~ da~. ~nalti~. ot d~amto~ or ~u~able ml~. i~udi~ Claims ~a~ing the appli~bili~ of ~is ~i~on and . Llti~ati~ ~ion ot the ~lid~ ~ the enti~ ~nt or any pflo~ ~r~ment. s~ll ~ ~ ~.bindi~ a~i~tion. :' ~ a~ S~] ~ ~ ~ ~ Na~] ~ 9 Forum ('NAt'S,' under the ORie o{ Rrocedum in effect at the time the Claim is filed. Rules and forms oi the National Arbitration Forum may be obtained and Claims ma,/be filed at any National Arbitration Forum office, www.afo4omm.com, or RO. Box ~0191. Minneapolis. Minnesota 5~10~. telephone 1-800-474-2371. If the NAF is unable or un~llin~ to act as'arbitrator, we may substitute another nationally recognized, independent tration.organization that uses a similar code of procedure. At your written.request, we will advance.ant arbitration filing fee. or administrative and hearin~ fees that you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for payin~ tho~e fees. In no event will you be requited to reimburse us for any arbitration filing, administrative, or hesdn~ fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court ~dth iurisdiction. Any arbitration hearin~ at which you appear will take plaee within the federal judicial district that includes your billing address at the time the Claim is filed. This arbi~ratlon apee- ment is made pursuant to a transaction involving intemtste commep:e and shall be governed by the Federal Arbitration Act. 9 U.S.C. ~§ 1-16 ('FAA'). Judgment upon arr,. arbitration award may be entered in any court hevin~ iurisdiction. The arbitrator shall follow exiati ,n~ substantive law to the extent consistent with the FAA a'nd'applicable statutes of limitations an~l shall honor any.claims or privilege rec~nized by law. If any party requests, the arbitrator shall ,mite an opinion con- taining the reasons for the award.. No Claim submitted to arbitration is heard by a iury. and no Claim may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim. This Arbitration and Litigation section applies to all Claims now in existence or that may arise in the future. This Arbitration and Litigation section shall sunrive the termination of your account with us a~ well as any voluntary payment of the debt in full by you.am/bankruptcy by you; or sale o/the debt by For the purposes of this Arbitration and Litigation section. 'we' and 'us' means MBNA America Bank. Na~.. its parent. subsidiaries, affiliates, lic6nsees, predecessors, successors. as~rks, an~ pur,.l.eser of your tc~uflt, a~i all of their edTic~,o. directors, employees, agents, and assilas or an,/amd alt of them. Additionally. 'we' or 'u~' shall mean any third paRT t~rovidirte i~nefits,sewicestor_products in connection with · accounY'(IncIuc~ir~ Dui f~otm~'mlteo~o ~.h.~alt Omcoua. chants that accept any credit device issued under the account, rewards or enrollment sewices, credit insurance companies, debt collectors, and all c~ their officers, directors. employees and agentsl if. and only if. ~ a third party named by you as a cociefendent in any Claim you us~eft against us. If any part of this AJbitration and Uti~atio~.aecticm is found to be invalid or unenforceable under any law or statute consistent with the FAA. the remainder of this Arbitration and Litigation section shall be enforceable without r.~rd to such invalidity or unenforceabllity. THE RESULT OF THIS ARBITRATION AGREEMENT THAT. EXCEPT AS PROVIDECD ABOVI~. CLAIMS CANNOT BE; LITIGATE:D IN COURT. INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A IURY. AS CLAS~ ACTIONS. OR 3~S PRIVATE ATTORNEY GENERAL ACTIONS. CREDIT ih~SURAN~E BENEFITS, LIMITATIONS, COSTS & EXCLUSIONS CONSUMER PROTECTION DJ$CLOSURL'~ CREDIT INSURANCE I$: NO'I: A DEPOSIT; NOT FDIC- INSURED;, NOT INSURED BY ANY FT. DERAL GOVERNMENT AGENCY; AND NOT GUARANTEED BY THE BANK. PURCHASE-OF CRF, DIT*INSURANCE IS-NOT~A-CONDITION OF OBTAINING CREDIT, IF COVERAGE I$ DESIRED, IT ~MAY BE PURCHASED ELSEWHERE. ~:redit Insurance pays your minimum monthly payment' up to your balance on the date of loss Inot to exceed $25,000, except disability in MN). until you return to ~vork,- if you are involuntarfly unemployed, total~ disabled, or i! you or your spouse takes covered family Isave. Credit insurance also pays your insured outstandini bahnce up to the least of your outstanding balance, your credit limit Inot AL. AZ, AR. DE, DC, ID, IL,, IA. LA, MD, MN, MS, NV. ND, OH, OIL RI, SD, WA, WV & WY). or S25,000 if you die. Elkiibl#ty: One insured per account (insured must be the primary cardholder or a co-applicant, authorized users are not eligible), under a~e 66 (70 in AZ. NV & VA; ?1 in FL, GA, MI, MO & OK: 72 in NM). Your coverage ends at these same ages (except family leave in AZ. FL & SD & unemployment). When enrolled, certificates will be mailed explaining your covernge & effective date. In MN, unemployment coverage is effective 61 days from your certificate effective date. For unemployment or family leave benefits, you must be gainfully employed working at least 30 hrs/wk Inot self-employed or an independent contractor) for 90 consecutive days before the date of foss (CO - before application date), [PA o on the date of loss). (TX - before cover,~ge effective date for unemployrnen~). Employees of professional corporations may be eligible. ~,ov~raees & Benefit: Credit Insurance covers: your death: involuntary unemployment due to iob loss, general strike, unionized labor dispute, or lockout: total disability due to sickness or injury if you are unable to perform the material & substantial duties of your job (or any job after 12 mos. in PA: 18 mos. in AL, AZ. AR. CA. DE, DC, GA, HL ID. it, IA. KS, LA. MD, MN, MS, NV. NI. N~. oH. mK. ~l .gr~. TN VT. WA. WV. WI & WY): your or your spouse's unpaic~ leave of absence from ernployment due to care d yom newborn or newly adopted active military duty: iu~ duty lexct;pt in AK): or residem~ in a federally declared disaster area. Loss (not death) must continue at least 30 days before benefits begin. In NY, for strikes, unionized labor disputes & lockouts, you must be unemployed for 7 consecutive weeks & qualify for state unem- ployment benefits before benefits begin. A daily benefit is paid for each day of loss over 30 days for unemployment in NY & PA. and disability in CA. CT, GA, NY. MI, PA. RI & SC. You may cancel this coverage at any time. If car~:eled within the fl~'t 30 days of coverage, all premiums will be refunded. E. xclusio~, Life: suicide ih the fi~t 6 months of coverage (not MD & MO). involuntary Unemployment: retirement, resignation, voluntary forfeiture of income or lob loss due to willful er criminal misconduct, disability, strikes in iL. military discharge in NY & normal seasonal unemployment in TX. Disability: normal pregnancy or childbirth fnot CA, MA & NV1, intentionally sell-inflicted injures Inot MD), or a pre-existing medical condition durfng first 6 months of coverage Inot Family leave benefits are not paid if you are eligible for or receiving unemployment benefits or are disabled. This is o~lli'a brief description of coveraee, and coverages vary b~ state. Please refer to your certificates ~or a ~11 explanation of coverage. Co~t~ D~' S 100 ~er Moeth ~ Averaee Dal~ Costs apply ~o Ule iL,]. Disabil~ (DL Unemployment' IU) & Family Leave (FI: AL 54.~c: AK ?Be: AZ ~9.~c: AR t~:; CA 89.tc: CO ~.e6c: Ct 42.8tc: DE ~9.tc; DC W.~c: FL 8~ GA 90.k: HI 89.91c: ID 9~.~¢ IL B.fx:, D le.gc, U ~C. F :~Cl; IL I~'jg?~: IN Wx:: IA 97.8¢ fL ?.2¢. D 16.&C: U'~R:, F 20~): 8~.47c: KY 97.4c: LA ~9.93¢; ME ~3.0~¢: MD '/~.74~; MA i~.?¢: MI a~.?C; MN JlA?C: MS 92.5c; MO &l.l¢: MT 93.~: NE D 26.k. U IG.~-): NC TI.k: ND 94.97¢: OH ~9.~:: OK 97.47c; 92.~¢: TX 3~.'/¢ IL 4.~c, D 12.~:, U 16c); UT S0A4¢: VT 34.92¢ IL e.6ac, D 12.24~. F 16c): VA ~4~ IL §.1¢, D 8.~c. U 4~:. F 20c); WA ~.39C; WV 99.~c; WI 93.~x: IL D.?¢, D I.~:. U D9c, F 20c): WY Avallabllit~. Involuntary Unemployment is not available MA er VT. Family Leave is not available in AL. CT. MA. MD. MN. NM, NY. PA. er TX. UnderwritJno Companlea~Polic~. Involuntary Unemployment: American Securityfl.,OJl~). LOt and L,OIC-IP: Standard Guarant¥~dC; LOI (~) INH only). Ufe & Disability: Union Security Ufefl...I-~. L*S..G iff Al.., AZ. AR. DE. DC, ID. IL,. IA. 1~5. LA. MD. MN. MS. NV. ND. OH. OK. RI, SD. VT. WA, ~ & WY; Standard Guaranty Ufe ~ only)/ L-I-Z(8/92)I3.~3RAL first Fertis life (NY life only]flqYLM0013. American Security tNY Disability only]AV-~-A. FoRis insurance iME o.nly)/U-XoA~ Family Leave: American Security/Fl~P (4/97]. FLpoFL~ 12/97] in FI~. FLPoNC 13/9~! in NC:. fl.P-OK(4~7~i i~ OK. FI~P°¥A(2~&) in VA. FL-IP(AZ)(7/98! in AZ. FLolPt4~97) in IL* & IN. FL-IP-I~S ( 12~T] in KS. FLAF-ME 14/9g] in ME:: FL-IP-WY(4flr~) in WY; ~tandazcl Ouaranty/F1,P 14/97] In NH: Union Security Ufe/FLP-VT(4~7] in VT. ~olicttinI agents for Mississippi and Florida are Charles M. Gordon Pamela C:urtis respectively. The creditor may receive compensation in connection with this offer. It is a crime to provide false or misleading informaUon to an insurer for the purpose of defrauding the insurer or any other pecan. Penakies inducle imprisonment and~or §ne~ iff adilitk~. an insurer may deny insurance benefits ff false informatiofl ...~.:~llL ~tr ............. Ir~-~ ~I¥ ~'- N~lla~ · Less past due and over credit limit amounts. In MI. cover. aec pays 5% of the balance on your date of disability up to $12~0. In OR, coverage pays the greater of 1/36th of the ance or the current minimum payment due on your date ~ Io~. In NY & PA. coverage pal~ the minimum payment due on your date of Io~. In TX. coverage pays the ~eater of 6%0 your insured outstanding balance on your date of unempte~ ment or your minimum monthly paymem. ~. °'The numbe~ of monthly benefit payments will not exceed for femify leave: 12 for unemployment in AL~ ,~J~, CT, IL~ MI. MN MO. NM. NC. NY. PA. SC & T~ 12 for disability in AIL OD, CT. FL. KY. MA. MO. MT. NE:, NH. NM. NC. OR, SC. UT&VA. NY, NI & TX ReaidenU ~ To pun~aso coverages separate. write to Assumnt Group. R O. Box ~0355. Atlanta. GA 30302. Applications will be ~ent to you. 944 EXHIBIT "A" 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, MD 20850-5775 CLAIMANT(s), David L Miller 422 Big Spring Rd NEW CUMBERLND, PA 170703103 NATIONAL ARBITRATION FORUM ® AWARD MBNA America Bank, N.A. v David L Miller File Number: FA0404000256838 Claimant File Number: 4264296282016671 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: 1. That no known conflict of interest exists. 2. That o'n or before 04/15/2004 the Parties entered inlo 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 Respondent has filed a response with the Forum and served it on the Claimant. 5. That the matter has proceeded in accord with the applicable Forum Code of Procedure. 6. The Parties have had the opportunity to present all evidence and information to the Arbitrator. 7. That the Arbitrator has reviewed all evidence and information submitted in this case. 8. That t'ne information and evidence submitted supports the issuance of an Award as stated.. Therefore, the Arbitrator ISSUES: An AwanJ in favor of the Claimanl, for a total amount of $9,574.26. Entered in the State of Pennsylvania A~qn~w B. Comq, EsQ. ARBfITRATOR Date: 07/22/2004 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 07/22/2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff VS. DAVID L MILLER Defendant NO. 045622 CIVILACTION-LAW PRAECIPE TO DISMISS To the Prothonotary: Kindly dismiss the above captioned matter without prejadice. Respectfully Submitted, / Amy F. Dbyle, ID No. 87062 Philip C. Warholic, Esquire ID No. 86341 WOLPOFF & ABRAMSON, LLP Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252