HomeMy WebLinkAbout04-5624IN THE COURT OF COMMON PLEAS OF CUMBERLAND
MBNAAMERICA BANK, N.A.
655 PAPER MILL ROAD
MAIL STOP 1411
WILMINGTON DE 19884-1411
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 hah demandado a used en la corte. Si used quarere defensas de esas demandas
expuestas en las paginas, siguientes, used tiene vlente (20) dias de plazo al partir
de la fecha de lademanda y la notifiation. Used debe presentar una aparlencla
escrita o en persona o pot abogado y archlvar en la corte en forma escrita sus
defensas osus 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 notificaclon y pot cualquier queja o alivio que es pedido
en la peticlon de demanda. Used puede perder dinero osus propledades o 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 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. 120109281
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
MBNA AMERICA BANK, N.A.
655 PAPER MILL ROAD
MAIL STOP 1411
WILMINGTON DE 19884-1411
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
a last known address of
, is an adult individual with
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. 120109281
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 $ 12608.51
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 $ 12608.51 plus costs of this
action and such other relief as the Court deems proper and just.
Respectfully submitted,
Daniel F. We.fson #20617
Bruce H. Cherkis #18837
Philip C. W~rholic #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. 120109281
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:
Daniel F. ~clfson #20617
Bruce H. Ch~rkis #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. 120109281
947
EXHIBIT "A"
.. Credit'.,Card:Agreem~"::
'~ :Additional '¥e~ :ahd. Co'n.'ditibn's
· -~,~,.,.,.~..' ....';:..-.'.':' ... , '...~...
· Payment~ on ¥our^ccount ......................
· We May Amend Thi$.'.a~me.m. ent .... ~ ........ 8 ·
· .Arbitration ~ Litig,3._.~,o.~,.L ......... ':!~.~...J9
AGIv
Your Contract~With Us
Your Credit Card Agreemen. t with u.s.con.sists o! these '
/~dtlitional ?en~s ~nd Conditions'ancl the aocument called
the Required Federal Disclosures or the initial Disclosure.
You agree to the te~ns and conditions of this Agreement.
For the purpose of the privacl~ Notka, we will use the deflnitio'
contained in the third paragraph o! the Pdvacy Nolk~. For
the remainder of the Ag.r.e.e__m,.e.n.t:,.~e.~.l!l u,.s,e.t.h,e..d,.efin?ions
- ~s-bq~-,d-~ficqe'r'tTi~'~'Ct~on neaomg woras u. sea u~. m
Privacy Notice
Your privac~J is importaat to.us..- A_t MBNA, we are
committed to providing you with the ltnest financial
products and services backed by consJstent}y top-quali
service. And whi}e information about you is f~ndament
to our abJltty to do this, we fully recognize the Jmportan
of keeping personal and account information secure.
To offer you the widest range of products and service
MBNA may share information about you both within
IVIBNA and outside of IMBNA with other compariies.
This allows us to offer you products and services that
may interest you and best meet your needs, whether
the~' are available directly'from MBNA or through our
relationships with other:companies.. We want you to
understand our information..~fegua, h:ls, what inforfnatic
we collect, what informafion~e share, and the benefits
you receive when we share:'~nformati°n. about, you.
This notice describes the privacy practices of MBN~
Corporation~and all MBNA affiliates, including MBNA
America Bank, N.A., MBNA Ame.rica..IDelaware), N.A.,
Palladian Travel Services, Inc., MBNA Hallmark
information Services, inq., MBNA Marketing Systems,
inc., and MBNA Insurance AgencY, Inc. {(follectively,
'MBNA'), for financial products and services governe
by the laws of the United States of America. This
notice explains MBNA's information coJlection and
sharing practices and. lets you choose whether or not
MBNA may share certain information about you, eith
within MBNA or outside of MBNAwith other compani¢
Oa~ Secarit7 Procedures: MBNA understands the
importance of protecting and ~ecming information an
using it appropriately. Access-to ~nformation about ye
is restricted to the people of MBNA who require it to
provide products or services to you, We maintain physi~
electronic, and procedural safeguards that comply wit
federal standards for the security.of inLormation.
When MBNA shares information, about you with
companies outside of MBNA, wd require them to .
impose safeguards, use it only for a permitted pu~pos
and to return it to us or destroy it.~nce that purpose i
served. We Jjmit the amount of information shared tc
what is appropriate to offer a product or service effi-
ciently. MBNA requires any company.receiving in[or-
mation from MBNA to sign a Confidentiality Agreeme
containing these requirements and obligating that
company to protect .the information as we would.
I
information We Collect: MBNA collects and uses
nonpublic personal information about you to condu
our business and to consistently deliver the top-qua
Customer service you expect from us. Sources of th
information include the following:
· Information we receive from you on applications
and other forms or through your correspondence or
comm0~icatit~ith-as-including'thmugh the mail.
by telephone, or over the Intemet;
·Intormation we receive from third parties, such as
consumer reporting agencies, to verify statements
you've made to us. or regarding your employment.
credit, or other relationships: and
· Information about your transactions with MBNA
with other companies outside of MBNA.
Information We Sham W'Rhin MBNA: We may shaft
of the information we collect about you with financial
ice companies within MBNA to offer additional producl:
services that may interest you and best meet your neec~
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 a:
experience information (such as purchases and payme~
credit eligibility information (such as credit reports
applications), and other information. The derision to
chase any such products or services is yours alone. Yo-
may tell us not to share credit eligibility information at
you withir~ LMBNA. but please understand tl~i.s does no~
prohibit us from offering you additional products and
services or from sharing transaction and experience.
identification, and other information within MBNA.
Information We Share With Others,. From time'
time. we .may allow companies outside of MBNA to c
you their products and services that may interest
These products and services may be offered by finam
service providers Isuch as banks, loan brokers, accou
aggregators, insurance agents, insurance companies.
morLgage bankers, and securities broker-dealers), by n
finandal companies Isuch as retailers, direct ma~,,ete~
communications companies. Intemet service provick
manufacturers, sewice companies, travel agents, c, mi
lines, car rental agencies, hotels, airlines, publishers
and organizations endorsing MBN^ financial produ(
or servicesl, and others Isuch as nonprofit organizatk
Subject to applicable law, we may share all the
lion we collect with these companie~outside o! MB
unless you tell us not to.
Additionally. we may share all the information
collect with companies that perform marketing or c
services on our behalf or to other financial instituti
with which we have joint marketing agreements.
are also permitted by law to share information abc
you with other companies in certain circumstance,,
For instance, we may share .all of the information
collect with companies assisting us in' servicing yo
· loan or ac.c.o..U~t, with companies that endorse our
products an.d-..ee.rvices through affinity agreements
" 2
with government entities in response to.subpoenas or
regulatory requirements` and with consumer reporting
agencies. If you tell us not to share information with
companies outside of MBNA that wish to offer you
their products and services, as described above, please
understand that we will continue to share information
in t.h.e.s.e_ a. dditional_ .ci.rcumsta.nce?. ·...
Important Information About Your Choice: We're
' dedicated to se~ing your needs - and to respecting
'~our 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 MBNA that wish to offer you their products
and se~ices as described above. If you wish to opt
out of such iniormation sharing, please call toll-free
1-866-751-1255. ~Ve will ask you to verify 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 w. hen you call.
MBNA applies opt outs at the acc0~J~t level, not I~y
individual Customer. ~Vhen any person, listed with <~thers
bn an account opts out ~for example, a ~b-applicant. ioint
account'holder, or authorized user), we'will li~t the entire
account as having opted.out. MBNA will continue to
adhere to its d!sclosed .pri.vacy pratt, ices for, an. account
even if it becomes inactive or. is... clbged.
An opt out from information sharing on an account
as described above, either within' MBNA ahd/or with
companies outside of MBNA, remains effective unless
revoked in writing. Fede/al regulations require us(o'
provide this notice on an annue. I basis,'whether or not
an account has previously opted out from either type
of information sharing. Please remember when you
receive our subsequent notices that an account previously
opted out from either or both types 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 MI3NA about the privacy, security, and
protection of information. For additional information
reilarding MBNA's'privacy practices:concerning the
Intemet, and to view the most recent.version of this
privacy notice, please ilo to www. mbna.c~m and click
on 'Privacy Notice.' You may have other ~rivacy pro-
tections under st&to laws. We may amend this privacy
notice at any time. and we will inform you .of changes
as required by iow.
Words Used Often in Thi~ A~reement
'Agreement' or 'Credit Card Agreement' means these
Addition&l Terms and Conditions an.d.the Required Faders[
DisClOSures lot the initial Disclosme]' 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; .u?.~an ~ccount wl~.hold. 'You and 'your'
also mean any oth~f'f~Terson who has guaranteed payment o!
this account, when used in the sections untitled. We
M0.i~or a.d R~ord Telq~o.e Calls, and Ar~iiratb. a~l Llti~ati
and when used in each o! the sections relating to payme
this account (Your Pmm~ lo Pay. and Ho~ We AJbr~le Year
Palme.l~. lot examplel.
'We.' ~'us.".'out' and 'MBNA America" mean MBNA
Ame.rLca ,Bank.. N.A.
'Card' means all the ~edit cards we issue to you and'
any other person with authoriz~tion for us~ on this acco~
pursuant to this A~reement.
'Access check' means an access check we provide to ¥.
make a Check Cash Advance on your account.
II we use a c~pitalized term in this document but w~ d
define the term in this document, the term has the mean
~iven in the Required Federal DisclOSures or the initial
Disclosure, or as used in your monthly statement.
~Ve use section headings Isuch as. ~Vords Usal O/tm ia TMs
Agreement} to organize this Agreement. The actual terms el
Agreement are in the sentences that follow and not the he~c
SiVa Your Card
You should sign your card bolero you use it.
We Ma!/Monitor and Record Telephone Ca
You consent to and authorize MBNA America. any o! It
affiliates, or its marketing associates to monitor and/or re
any of your telephone conversations with our representer
or the representatives of any of those companies.
Credit R_eportlng Agencle~
You authorize MBN^ America to collect inlonnation abo~ .
you. including ~:redit reports from consumer reporting
I! you believe we have lumished inaccurate or incomph
in/o~rnetlon about you or your account to a credit reportb
agency, write us at: MBNA. C~edit Reporting Agencies, P.C
Box 170.5~. ~Vilmir~ton. DE 198~4-7054. Please include
name. address, home phone numbe~, and account numbe
and explain what you believe is inaccurare or incomplete.
Ho~ to Use Your Account
You may obtain credit in the form cd Purchases end Ca:
Advances by using cards, ecceas checks, you~ account hUm
or other credit devices. Please refer to your ReCluimd
Disciosums or Initial Disclosure to determine what tmnrmc~ti
constitute Purchases and Cash ~lvances end how you rna
obtain them.
Transaction Date [or Certain C~& Adram
The transaction dute lot Chec~ Cash Advances and Bela
Transfe~ done by chec~ is the date you ~(,t. he person to
whom the check is made payable fi~t deposit~ or cashes t
check. The transaction date for a returned payment ia
Cash Advance) is the date that the conespondin& paymen
posted to your account.
Purposes [er Usln!l Your Account
You may use your account for personal, lamir, or houst4
purposes. You may not use your account lot business or
commercial purposes. You may not use a Chert Cash
Advance. or any other Cash Advance. to make a payment c
this or any other credit account with us. You may not use o
permit your account t'o be used t.o make any i|legal transact
3 4
Persons Using Your Account
If you permit any person to use your card. access checks.
account number, or other credit device with the authorization
to obtain credit on your account, you may be liable lot all
, transactions made by that person IqcJuding transactions for
which you may not have intended to be liable, even if the amount
o! those transactions causes your aedit limit to be exceeded.
";kTJthoflzed users of thts'account'may have the same access
.: to inlormation about the account and its'users as the
,account holders.
~ Hoe You Mai/Stop Payment
i on an Access Checf~
You may request a sto. p payment on an access check by
· providing us with the access check number, dollar amount, and
~ payee exactly as they appear on the access chec~ Oral and
~ written stop.payment requests on an access check are eflective
~[- for six months ~rom the day that we place the stop payment.
! You Mag Not Postdate ·an Access Chech
' You may not issue a postdated access check on your
~ account. II you do postdate an access check, we may elect to
! honor it upon presentment or return it unpaid to the person
that presented it to us for payment, without in either case
waJtJn~ for the date shown on the access check. We are not
liable to you lot any loss or expense incurred by you arising
out of t'he action we elect to take,
Year promise to Pay"
You promise te pay us the amounts al all credit you
obtain, which includes all Purchases and Cash Advances.
You also p~omis~ to pay us all the amounts o! finance charges.
fees. a,nd any other transactions we charge against 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 amount you owe
us at any time. Payments mede in any billing cycle that are
greater than the Total Minimum Payment Due wJlJ not affect
your obligation to make the next Total Minimum Payment
Due, If you overpay or if them is a credit balance on your
account. ~ve will not pay interest on such amounts, We will
reject payments that are not drawn in U,S. dollam and thos~
· drawn on a financial institution located outside of the United
States, Payment of your Total Minimum Payment Due may
ri,at avoid the assessment of Overlimit Fees.
When Your Payment Will Be Credited
te Your Account
We credit payments as al the date received, iLthe payment
is: (I) received by :2 p.m. IEastem ?ime): 42) received at the
address shown in the upper left-hand L'omer of the front of
your monthly statement: (3! paid with e check drawn in U.~.
dollars on a U.S, linancial institution or a U.S, dollar money
order: and 14) sent in the return envelope with only the top
portion of your statement accompanying it, Payments
received after 2 p,m. on any da)' including the Payment Due
Date. but that othenvise meet the above requirements, will be
ct.edited as o! the next day. Credit for any other payments
maybe delayed up to five days.
How We Alloca~. Your Pmjments
~Ve will allocate your'payments ID the m~nner we determine.
In most instances, we will allocate your payments to
(including new transactions) with lower APRs belbre balance=
with higher APRs. This will result in new balances with a
lower APR le,~., those with promotional APR offers') being
paid before any other existin~ balance.
Promise to Pay Applies to Al/Persons
.... .All persons .who initially or subsequently request, accept,
guarantee or use the accot~n'~'~re Individually and together
responsible for any total outstanding balance. We may fetus
to release from liabili~ an), person who is respohslbJe to
any total outstanding balance, until all of the cards', access
checks, and other credit devices outstanding urider'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 o! this Agreement.
Default
You will be in d~fauit ~f this Agreement fi: I1) you fall to
make any required Total Minimum Payment Due by its Payme~
~,~ ~te:..(=l your ~.ot~.l ~u~anding balar~ exc~s-~,~r
it IJnlK: or (~lf YOu Mil tO abide by any other terth o~ this
Agreement. Solely for the purposes of determining eligibility
and premium payment obligations for the optional credit insu
enc? .p, urchased through MBNA. you will be deemed,in default
or oe~inquent if you fail to make a Payment within 90 days of
your Payment Due Date. Our failure to exercise any of our
rights when you default does not mean that we are unable to
exercise those rights upon later default. "
When We May Require Immediate Payme~
if you are in default we can require immediate payment
of your total outstanding balance and. unless prohibited by
applicable law and except as othe~vise provided under the
Az6itra~0A a~E Utigatiop~ section of this Agreement, we can
also require you to pay the costs we in .curin any col4ection
proceeding, as well as reasonable attorneys' fees if we refer
your account for collection to an attorney who is not our
salaried employee,
Other Payment Terms
We can accept late payments, partial payments, or paymel
with any restrictive writing without losing any of our rights
under this Agreement. This means that no payment, includi
those marked with 'Paid in full' or with any other restrictive
words, shall operate as an ~cco~ and satisfaction without t'
prior written approval of one of our senior officers. You may
not use a postdated check to make a payment. If you do pc~
date a payment check, we ma)' elect to honor it upon prese
merit or return it uncredited to the person chat.pres.entq~d
without in either case waiting for the date sho~n on the
check, we am not liable to you for any I~ or expanse'
incun~d by you ~risini out of the ~-tion we. elect to take.
Payment Holidays
~Ve may allow you. from time to time. to omit a monthly
payment. We will notif7 you when this option is available.
If you omit a payment, finance charges and an)' applicable
fees will accrue on your account in accordance with this
· agreement, You must resume making your Total Minimurr
Payment Due each month toliowin~ a payment holiday.
Transactions Made in Forefgn'Curren¢i~
If you make.eL,/,ransaction in a ioreign currer~-y, the trane
tion will be cdnvbzted by Visa International or MasterCar~c
International,. del~e6ding on which card you use. into a U.,
dollar amount in accordance with the operating regulations or.
i conversion procedures in effect at the time that the transaction
i is processed. Currentl~,,.those regulations and procedures
~ pro .~e.that the currency conversion rate to be used is either
I I ~ a wholesale market rate or (2} a govemment-maridated rate
~ in effect one day prior to the processing date. inoeased by one
: percent in each case. Visa or Mastet~ard retains this one percent
as compensation lot periorming the currency conversion serv-
' 1L--~~e~ cohv~tsion rat~ih' effect on the processing
r 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
i determined by us. Each biilin~ cycle begins on the day after
.'.. the Closing Date'of.the previou~.bi]ling cycle. Each state, men(
reflects a single billing cycle.
Account .Fees'*~*d: Charges " "
Account Fees: The foil.owing fees. which are set forth on your
· Required Federal Disclc~su.res or Initial DiSclosure. are .c..harged.
! as Purchases iri'(he billing cycle in.which the fees accrue:
I I )6/~te Fee if the Total Minimum Payment Due shown on
' your monthly stat.ement is not received by .us on or before its
Payment Due- Date;- .
· (2i an Overlimit Fee if your New. Balance Total exceeds ~our
: credit limit on the.la, st day of a.billing cycle, even i! fees .or
i finance charges chOrged~y..'u~ cause your Ne~ E~lance 'total '
· to exceed your credit limit; an Overlimit Fee is char~ed to your
i' account as of the day .in the billing cycle that your total out-
~ standing balance onyour, account exceeds your credit limit:
· . (3) a Returned Pa~,~ner~t'F~e:if a payment on your account is
· returned lot insufficient'funds or for any other reason, even if
· it is'paid upon su. bse'.q, uent"l~re, sentm.ent:
· (4) a Returned Cash Advance C. hack Fee if we 'return an access
check unpaid lot.any r,eas, bn., even if the .access check is paid.
~ upon subsequent prese_ntm~nt;
(5) a Copy Fee lot each copy of a monthly statement or sales
draft, except that the six most recent monthlystatements and
six sales drafts will be provided for bee: and
16) an Annual Fee if your account is open or if you maintain an
account balance, whether, you have active charging privileges
or not.
Al~endoned Prope~t~ Char~es: Unless prohibited by applicable
la~. we will charge your account, as a Pu'rchase. for any costs
incurred by us associate~ with complying wi.th state abandoned
Please review your Required Federal I~isc[osures or Initial'
· Disclosure for 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 of this A~reement, any
such' benefits or services 'are not a Pa,rt'o~ this A~reement, but
are subiect to the terms and restrictions outlined in the beneflt~
brochure and other official documents provided to you from
time to time by or 6n behalf of MBNA'America. We may adiust,
add, or delete.behe~its and services at. any time and without '
notice tO you.
Refusal to Honor Your Account
We are not liabl~ ]'~:~my refusal to honor your account.
This can include a reh~sat to honor your ca~ or account number
~ or any check written on your account. We are not liable for
· 7
any retention of your card by us. any other bank, or. any
provider of goods or services.
We May S'uspend or Close Your Accouft:
We may suspend or dose your account or otherwise te
nato your right to use your account. '4/e may do this at
time and for any reason. Your obligatioris under this
~-Agreement-continue· even.ahem, we have done ·this. You
destroy all cards, access checks or other credit devices or
account when we request.
You May Close Your Account
You may close your account by notifying us in .writing
telephone, and destroying all cards, access checks or otb,
credit device¢ on the account. Your obligst, ions under thi:
Agreement continue even after'you hr:ye done this.
Transactions After Your Account is
When your account is closed, you must 'contact anyone
authorized to charge transactions to your account, such as
internal service providers, health clubs or insur~nce coml~
These transactions may continue*to be charged ~o your
accoqnt until you change the billing. Also. if we believe
have authorized a transaction or are attempting touse y(
account after you have requested to close the account.
may allow the transaction to be charged to your account.
We May Amend This Agreement
We may amend, this Agreement at any time. We may
amend it by adding, deleting, or changing provisions of t
Agreement. When we amend this Agreement we will con
with the applicable notice requirements of federal and
Delaware law that are in effect at that.*time, if an amend'
gives you the opp6rtunity to reiect the cha'r~e, and if you
the change in the manner provided in such amendment,
may terminate your right to receive credit and may ask
return all credit c~evices as s condition of your reiection. '
amended Agreement llncluding any higher rate or other
charges or fees) will apply to the total outstanding balar
including the balance existing belore the amendment bacon
effective. We may replace y~r card with another card at a~
We May Sell Your Account
We may at any time. and without notice to you. sell. a
or transfer your account, any sums due on your account.
Agreement. or our rights or obligations under your accot
this Agreement to any person or entity, The person or ·
to whom we make any such sale, assignment or transfer
be e'ntitled to all of our rights and/or obligations under
Agreement, to the extent sold, assigned or transferred.
Your Credit Limit
Your credit limit is disclosed to you w~en you receive
card and. generally, on each monthly statement. We m~
change your credit limit from time to tirpe.
The amount shown on your monthly statement as Ca
Credit Available does not take into account any Purchas
Cash Advances. finance charges, lees, any other transac
or credits which post to your account after the C:losing I
of that monthly statement. Such transactions could
your credit limit being exceeded and result in the'asses
of Overlimit Fees.
What We May DO if You Attempt. to
Exceed Your Credit Limit
The total outstanding balance on your account plus
authorizations at any time must not be more than your credit
limit. If you attempt a transaction which results in your total
outstanding balance (plus authorizationsl exceeding your
credit limit, we may: ( I .) permit the transaction without raising
· - yom ,.J ecflt-limit:-1.2.)'permtt-the <~ansaction and. treat the
.. amount of the transaction that is more than the credit limit
: as immediately due: or (3l 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 retusecl.
If we refuse to permit a Check Cash Advance or Balance
Transfer, we may do so by advising the person presenting the
Chec~ Cash Advance or Balance Transfer that credit has been
refused, that th6re are insufficient funds to pay the Chec~
Cash Advance or Balance Transler. or in any other manner.
If we have previously permitted you to exceed youi.credit limit,
it does not mean that we will permit you to exceed your credit
limit again. If we deal.cie to permit you to exceed your credit limit.
we may charge an Ov~.r]imR Fee as provided in thi~ A~reement.
Unauthorized Use of Your Card
P~ease notify us immediately of the loss. theft, or possible
unauthorized.Use of your account at 1-8004:21-:2110.
You Must Notify Us When You
Change Your Address
We strive to keep accurate records for your benefit .and ours.
The post office a~ others may notify us of a chan~e tO your
address. When you charge your address, you must notify us
promptly of your new address.
What Law Appli~
This Agreement is made in Delaware and we extend credit
to you bom Delaware. This Agreement is governed by the
laws of the State of Delaware (without regard to its conflict of
laws principles) and by any applicable federal laws·
The Proviz. forts o'f This A§reement
are Severable
If any provision.o! this Agreement is found to be invalid,
the remMnlng provisions will continue to be effective.
Our Right. Continue
Our failure or delay'in exercising any of our rights under
this Agreement does not mean that we are unable to exercise
those rights Islet.
Arbitration.and Litigation ..
This Arbitration and Litigation provision app'l~es to you
unless you were given the opportunity to reiect the Arbitration
and Litigation provisions and you did so reject them in the
manner and timeframe requited. If you did reiect effectively
such a provision, you a~reed that any litigation brought by you
against us re(larding this account or this Agreement shall be
brought in a court located in the State of Delaware.
Any claim or dispute ('Claim') by either you or us against
the other, or against the employees, agents or assigns of the
other, arising from or relating in any way to this Agreement or
any prior Agreement or ~Our account Iwhether under a
statute, in contra'~','.t'.~.,rt, or otherwi~g and whether for money
damages, penalties*'~'~-declaratory or equitable tel(H), including
Claims regarding ',.b.e appllcabili~ ol this Arbitmtion~nd
LitigatiOn Section or the validity of the entire ~reernent or
any prior Agreement. shall be ~esolved by binding arbitmtic
The arbitration shall be conducted by th~ National Nbit~
Forum ('NAF'). under the Code of Procedure in effect at the Ur
the Claim is filed. Rules and Iorms ol~he National Arblt~ticm
Forum may be obtained and Claims may be filed at any.Natk:~
--../~. i~o,rpr~_o__ff, Lqe_. www.arb, fomm:L;0_m.:_oj. RO. Box ~01~.
Minneapolis. Minnesota 5540~. telephone l~7"i-~)[~ 'ltq
NAF is unable or unwilfing to act as arbitrator, we may sub
stitute another nationally recognized, independent arbitrati
organization.that uses a similar code of procedure. At your
written request, we will advance any arbitration filing fee.
administrative and hearing lees which you are requited to
pay to pursue a Claim in arbitration. The arbitrator will
decide who will be ultimately responsible for paying those
lees. In no event will you be required to reimburse us for
arbitration filing, administrative or hearing fec,~ in an amot.'
greater than .what your court costs would have been if the
Claim had been resolved in a state court with jurisdiction.
Any arbitration hearing at which you appe. at.will take j~lace
within the federal iudiclal district that i~'ch~les ~out ~illing
address at the time t. he claim is filed. Th'is a~'bitratiot~ aers
meat is made pursuant to a transact(oR involving:!m.emtat~
commerce and shall be governed by the Federal Arbitrstior
Act. 9 U.$.C. §§ 1-16 ('FAA'). lucigmerlt upbn any. arbtfr~tic
award may be entered in any court having iutisdfction. The
arbitrator shall follow existing substantive la,.to the e~tent
consistent with the FAA and applicable statutes of limitation
and shall honor any da(ms or privilege recognized'by law. 4f
party requests, the arbitrator shall write an oplnion.containir
the reasons (~r the award.
No Claim submitted to arbitration is heard by a lury ant
no Claim may be brought as a class action or as a private
attorney general. You do not have the right. ~o act as a cia,.
representative or participate as a member ~f a class of
claimants with respect to any Claim. This Arbitration and
Litigation Section applies to all Claims now in existence o
that may arise in the future.
This Arbitration and Litigation Section shall survive the
termination of your account with us as weft as any volunta
payment-of the debt in full by you, any bankruptcy by you
sale of the debt by'us.
For the purposes of this Arbitration and .Litigation Sec'ti
'we' and 'us' means MBNA America Bank. N.A.. its parent
subsidiaries, affiliates, licensees, predecessors, successon
assigns, and any purchaser o! your account~and aH of ~hei
officers, directors, employees, agents ai~d assiiins or any a
all of them. Additionally. 'we' or 'Us' shall mean any thin
party providing benefits, services, ot products in connecti~
with the account linduding but not limit~, to credit burs;
merchants that accept any.credit device i~ued ~mdez the
account, rewards or enrollment sendces, credit'insurance
companies, debt collectors and all of their' officers, c/irect¢
employees and agentsl If. and only if. such a third party
named by you as a co-defendant in any Clai~n you assert
against us. " ' *'
If any part of this Arbitration and Litigation Section is
found to be invalid or unenlorceable under any law or sta
consistent with the FAA. the remainder o( this Afl01tratlon
Litigation Section shall be enforceable without regard to
invalidity or unenforceability. *
THE RESUbT,-OF THiS ARBITRATION AGREEMENT IS '~
EXCEPT AS P.Ri~f, 'I.DED KBOV'~.'CLAIMS CANNOT BE LIT
GATED IN COURT. INCLUDING SOME CLAIMS THAT COL
I0
HAVE BEE:N TRIED BEFORE~A IURY; AS CLASS ACTIONS.OR
A~ PRI~ATE ATTORN~f GENERAL ACTIONS.
~CREDIT 'INSURANCE BENEFITS,,
!LIMITATIONS, COSTS $ EXCLUSIONS
I CONSUMER PROTECTION-DISCLOSURES ""
! CREDIT INsORANCE I$: NoT A' DEPOSIT;"NOT FDIC=
IAGENCYLAND NOT GUARANTEED BY THE .BANI(r~
i PL~RCHASE-OF CREDIT INSURANCE IS NOT, A CONDITION
!-OF OBTAINING CREDIT. iF COVERAGE I$ DESIRED, IT
~ NL/~Y BE PURC~IA~,ED ELSEI,VHE .1~.
~ Credit Insurance pa~s ¥ot~r mi~iim, um monthly p~yment'
Lup to your balance on the'~at~ o~ 10ss In. ot to exceed $2.5.000,
.except disability in MN). until you return to work" il you. are
invo]untsflly unemployed, to3allv disable~, or t! you or your
spouse takes coveted family leave: Credit Insurance also
pays yom insured outstandinit'balance up to the I~ast o! your
outstanding balance, your credit limit Inot AL. AZ. AR. DE.
'{~^. WV & WY). or $25.000 if you.die.
IEIf~iblliw: One insured pet account linsured mu'st'be the'
primary cardhOIder or a co-applicant...autho~ze~.usem' are not
eligiblel; under age 66 (70 in AZ; NV & VA: 71 in FL.' GA.' MI.
· MO & OK: 72 in NM). Your x:overage ~nd~ at these same ages
i4except family leave in AZ;FL & SD & unemplo~.ent). When
enrolled, certificates will be mailed explaining yom coverage
{ & effec~ive date· In MN. unemployment coverage is eftective
161 days from your certificate effective date· For uneml~loyment
i or family leave benefits, y~u must'be ~ainl'ully. emptoyL~ '
~ worldr~ at least 30 h~,/wk Inot self-employed or an ihdependent
i contractor) for 90 consecutive days belore the date o~ loss '
{ lCD - belore applicatioh date). IPA - on the date ot loss).
I (TX - before coverage effective date for unemployment).
{ Employees o! prolessional corporations may be eligible.
!' Coverages & Benef~F:. Credit Insurance covers: your
! death; involuntary unemployn?.ent due to')ob loss., general.
i strike, unionized labor dispute, or lo~:kout:'total disability clue
i to sickness or iniury II you ate unable to l~erlorrn the material
i & substantial duties o! your idb lot any idb al~et 12 mos. in
i PA: lB mos. in AL. AZ.. AR. CA. DE. DC. GA. HI. ID. IL. IA; KS.
: LA. MD. MN. MS. NV.:NI. ·ND. OH. OK. RI. SD. TN. vT. WA. WV.
iWI & .WY): yom or your spouse's un. paid leave o! absence
from employment due to ~are c~ your newborn or new~y adopted
i child or an lncapadtated immediate family member.l, must be
I spouse, child, stepchild or parent in AK); mandatory recall to
~ active military duty; jury du~y lexcep~ in AK); or residence in
i a federally declared disaster area. Loss Inot death)~ust
~ continue at least 30 day~ belt;re benefits begin. In NY. foJ':.
! sttikes..unionized labor disputes & lockouts, you. must be
~ unemployed lot ? consecutive weeks ~ quall~ lo~.state unem-
iplbyment benefits before benefits be~in. A daily benefit is
: palid for each day of loss over 30 days Io; unemployment in
~ NY & PA. and disability in CA. CT. GA. NY. MI. PA. RI & SC.
i You may cancel this coverage at an'y time. If canceled withi.n
. the first 30 days ol coverage, all premiums ~ill b~ relunded.
~ Ir~clusioas: Lile: suicide in the fin 6 m0nthe~.f.co.vera~e
': (not MD & MO). Invo!untar~ U.nemployment: re. tiiement.
I resignation, voluntary lo,felting of income or }ob loss .due to
! willful or criminal misconduct, digability. ~trikes in:iL-military
i discharge in NY & normal seasonal unemployment in TX.
: Disabili~y: normal pregnancy or childbirth Inot CA. MA &. NV).
; intentionally self-intli.el ~ed !nluries Inot ~D). or a pre-existing
; medical condition durJn~'fir~ 6 months'of coverage Inot NIL
II
Family leave benefits are not paid I! you are e~igib~e lot o~:
receivir~ unemployment benefits or are disabled.
This is only a briei.description of coverage, and coverages
vary by state. Please refer to your certificates ~or a ful~
explanation of coverage. '.
Costs Der SJO0 vet Mon~ of Avera&e DalI7 Balaee~ '
Costs apply to Liie eL). Disability (DJ, Unemployment (U] &
Family Lea~e I.~.' AL ~4.5~:: AK 78c; AZ 99.9c: AR 99¢: CA'
89.9~: CO ~0.6~: ~-'~:~9.9C; DC'9~.'~;'¥L'89~;'*C,A'
90.8c; HI 89.91¢: ID 99.~¢ |L 8;~, D 16.9¢. U 5a¢. F 20C]: IL
80.97c: IN 96,:: IA 97.8C IL 7.}¢. D 16.Oc, U ~4c, F 20c);
85.4'/c: KY 9'/.~,¢: LA 99.93c: ME' 53.05¢:'MD 79.74¢; MA
MI ll~.Tc: MN 31.47¢; MS 9.2.~¢; MO 61.1¢; MT 93.9~; NE:
9~.8c; NV 99.~7c; NH 9~¢; N197c: NM 58.9c; NY 52.5¢ IL 8.Be,
D 26.8~. U 16.9c}: NC 71.~.¢: ND 94.97¢: OH 99.9c; OK 97.4?¢;
OR 80.8c: PA 38.1c: PR 99¢i RI 99.~c: ~: 76.8¢; SD 99.9c; TN
92.5C: TX 33.7c IL 4.~:, D 12.9c, U 16c]; UT 90.,aC; VT 34.92¢
IL 6.6&c, D 12.24c. F 16¢]; VA 84~ (L 6.1c, D 8.9c. U ~9c. F
20c); WA 89.39¢; WV 99.5c: Wl 93.6c (L 5.7¢, D 6.9¢. U ~9c, F
20c) & WY 99.7c.
Availabillte Involuntary Unemployment is not available in
.MA or Vl'. Family Leave is not available in AL, CT. MA, MD,
MN, NM, NY. PA. or TX.
Under~ritin~ Comoenies/Polic~: Involuntary
Unemployment: American Security/LOl(5/8~). LOI NY(3/93).
AS LOI TXfl i~1. LOICoIP-KS(:b96L
and ~OIC-IP; Standard Guaranty/aG LO115/85) INH only).
Life & Disability: Union Security Lif~.A,-I-Z, L-S-G in AL, AZ.
AR. DE. DC. ID, IL. IA. KS, LA. MD. MN. MS, NV, ND, OH, OK.
RI, SD. ~T..~VA. WV & ~rY: Standard Guaranty Life (TX only)/
L-I-Z(8~2)~3.53RAI, First Fortis Life ~NY glie only)/NYLM00
American ~ecurity (NY Disability onlyVWoS-A. Fortis.
Insurance tM£ onlyVIJ-X-A. Family Leave: American
~ecurityffLP 1~/97). FLP-FI~I 2/97] in FL. FLP-NC: (3~98) in NC.
FLP-C)KI~7] in OK. FLP-¥AI2/9$) in VA~ FL-IPlAZ)I?/gB) in
AZ, FL-IP(4/9?I in IL & IN: FL-IP-K~ 112/97] tn KS. FL-IP-ME
i~/99) in ME: F¥-IPowyI4/9?) in WY: Standard Guaranty/FLP
i~7) in NH; Union Security Life/FLP-vTI4/~?) in VT. Solicttir~
agents for Mississippi and Florida are Charles M. Gordon and
Pamela Curtis respectively.
The credlior may receive compensation in connection with
this offer.
It is a crime to provide false or misleading information to an
insure~ lot the purpose of delTauding the insurer or any other
pemon. Penalties include imprisonment and/or fines. In addition,
an insurer may deny insurance benefits it lalse information
materially related to a claim was provided by the applicant.
· Less past due and over credit limit amounts. In MI. cover-
age pays 5% o! the balance on your date of disability up to
$12~0. In OR. coverage pays the.greater of 1/36th o! the
anco or the current minimum payment due o~. your date of
Ioas. In NY & PA, coverage pays the minlmum,,oayment due
on your date of io~s. In TX, coverage pays the ~reater ol 6% ol
your insured outstanding balance on your date o! unemploy-
ment or your minimum monthly payment.
· "The number ol monthly benera payments will nc~ exceed 9
lot [amily leave: 12 for unemployment in AL, AK. CT, IL. MI. MN.
MO, NM. NC. NY. PA. ~C & T~ 12 for disability in AK. CO, CT,
FL, KY. MA. MO, MT. FIE. NH. NM. NC:. OR. SC. UT & VA
NY, NI & TX Resldent~ O~. To purchase coverages separately,
write to Assurant Group. P. O. Box ~035~. Atlants..GA 30302.
Applications will be sent to you.
12
953
EXHIBIT "B"
MBNA Arnerica 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: FA0404000256840
Claimant File Number: 5401262236152039
RESPONDENT(s).
The undersigned Arbitrator in this case FINDS:
1. That no known conflict of interest exists.
2. That on or before 04/15/2004 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 Respondent has filed a response with the Forum and served it on the Claimant.
5. That the matte has proceeded in accord with the applicable Forum Code of Procedure.
6. The Pa:ties 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 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 $12,608.51.
Entered in the State of Pennsylvania
A~w B. Co~r~, ESQ.
ARBITI~LATOR
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 scnt by first
class mail postage prepaid to the parties at thc 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
NC). 04-5624
CIVIL ACTION - LAW
PRAECIPE TO DISMISS
To the Prothonotary:
Kindly dismiss the above captioned matter without prejudice.
Respectfully Submitted,
Amy F. .,~q~ire~,,~ ~
ID No. 8706~7/
Philip C. Warhohc, Esquire
ID No. 86341
WOLPOFF & ABRAMSON, LLP
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252