HomeMy WebLinkAbout04-5913
J-Y~7
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.
0'1/SQI3
Plaintiff
VS. CIVIL ACTION - LAW
TERRENCE L MCBRIDE
KATHLEEN E MCBRIDE
26 ORANGE ST
MT HOLLY SPGS PA 17065-1721
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 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
CVRNOTjPACCP
W&A FILE NO. 117445595
~'~J
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.
Plaintiff
VS. CIVIL ACTION - LAW
TERRENCE L MCBRIDE
KATHLEEN E MCBRIDE
26 ORANGE ST
MT HOLLY SPGS PA 17065-1721
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, TERRENCE L MCBRIDE
a last known address of
, is an adult individual with
26 ORANGE 5T
MT HOLLY SPGS PA 17065-1721
COUNTY OF CUMBERLAND
3. Defendant, KATHLEEN E MCBRIDE
a last known address of
, is an adult individual with
26 ORANGE 5T
MT HOLLY 5PG5 PA 17065-1721
COUNTY OF CUMBERLAND
2D50A1jPACCP
W&A FILE NO. 117445595
A. 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".
5. 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.
6.
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 Defendant(s).
7. 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.
8. 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".
9. 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 $ 27949.55 .
10. 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.
11. The amount in controversy exceeds
compulsory arbitration.
the jurisdictional amount requiring
WHEREFORE, Plaintiff, MBNA AMERICA BANK, N.A. , respectfully requests
this Honorable Court enter judgment in favor of Plaintiff and against Defendant(s),
TERRENCE L MCBRIDE and KATHLEEN E MCBRIDE
in the amount of $ 27949.55, plus costs of this action and such other relief as
the Court deems proper and just.
Respectfully submitted,
Am: fb~- W41df
Daniel F. Wtlfson #20617
Bruce H. Cherkis #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
2DS0A2/PACCP
W&A FILE NO. 117445595
3425
EXHIBIT IIAII
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Yoltr eontract Witfr U,
'(pur Credit Card Aireement with us consists of these
AcI~ltlonal Terms and Conditions and the document called
th( Required Federal Dlsdosures or the Initial Disclosure.
Yo~'alree to the terms and conditions 01 this Aereement.
F'oUhe purpose 01 the Priwq NDtiu. we will use the definitlonl
colf.ained in the third paragraph of the PriNCf Notice, For
the'remalnder of the Agreement, we will use the definitions
described under the section headllll wonls USId 0(Ia ..
~:AlIWIIIIIIt. .
Privacy Notice
Your privacy Is Important to lit: AI. MBNA. we are
committed to providlnc you with the finest financial
products and services backed by conSistently top-qualit'
service. And whIle Information about you Is fundamentai
to our ability to do this. we fully recognize the importana
01 keeping personal and account information secure:
To offer you the widest range of products and services.
MBNAmay share Information about you bbth within
MBNA and outside of MBNA with other companies,
This allaMS us to offer you products and services that
may Interp.st you and best meet your needs. whether
they are available directly from.MBNA or throueh our
relationships with other companies, We waRt you '0
. understand our information safeeuards, what infonnatior
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 Banl. N-^., MBNA America (Delaware). NA.
Palladian Travel Services. Inc.; MBNA Hallmark
Information Services. Inc.. 'MBNA Marketing Systems.
Inc.. and MBNA Insurance.Aie.ncy.lnc:. (colle.ctlvely.
-MBNA"). for financial products and services iovemed
by the laws of the United States of America, This '
notice explains MBNXs Information collection and
sharing practices and lets you choose whether or not
MBNA may share certain information about you, eithel
within MBNA or OutsJM of MBNA \lflth other c:omP='nift
Our Security Procedures: MBNA understands the
importance of protectine and securing informatton
--.... "-:"'1:: I. "I1'Ji'.~.;..t..~, 1I......~.."r tn ;n'....1'ft"l"t;....n
about you Is Testricted to the people of- MBNA who
require It to provide products or services to you, We
maintain physical. electronic:. and procedural safeguard!
thet comply with federal standards-for the securtty
of Information,
When MBNA shares Information about you with
companies outside of MBNA. we reqUire them to
impose safeguards. use It only for a permittee! purpose.
and to retum It to us or destroy it once that 'purpose is
served, We limit the amount of Information shared to
what is appropriate to offer a product or service em-
'dently. MBNA requires any company receiving infor-
mation from MBNA to sign a Confidentiality Agreemen
containing these requirements and obligating that
company to protect the Information as we would.
. ..~
... ." ..
Informadoll We Coned: MBNA collects and uses
nonpublic personal information about you to conduct
our business and to consistently deliver the top-quality
Customer service you expect horn 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 Includi", throu,h'the mall.
by telephone. or over the Internet:
· Information we receive from third parties. such as
consumer reportinc agencies. to vertfy statements
you've made to us. or regardinc your employment,
credit, or other relationships: arad
· Information about your tran~ctions with MBNA and
with other companies outside of MBNA
Informadoll We Share Wlthlll MBNA: We may share
all of the Information we collect about you with flnandal
service companies within MBNA to offer additional
products or servic;es that may Inter~ you and best
meet your needs, We believe this is O)nvenlent for you
and may saVe you both time and maner. To do so. we
share identiflcatlon Information (such as name and
address), transaction and experience Information (such
as purchases and payments). oedit eligibility Information
(such 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 oedit ellglDility Information about you within
MBNA. but please understand this does not prohibit us
from offerine you additional products and services or
from sharinc transaction and experience.
identification, and other information within MBNA.
Inform.doll We Share WIth Othe..: From time to
time, we may allow companies outside of MBNA to otter
you the.r products and services that may Interest you.
These products and services may be offered by financial
service providers (such as banles. loan brokers. acx:ount
Bggregators. Insurance Blents. insurance companies.
morteage. bankers. and securities broker-dealers). by
nonfinancial c:ompanles (such as retailers. direct mer-
keters. communications companies. Internet service
providers. manufacturers. service cx:mpanies. tnwel
agenu. crutse JInes, \.dr rcnusl c:ttlC1IUQ, JIUI....~. ..IAI,_.
publishers. and organizations endorsine MBNA financial
products or servlc:es), and others (such as nonproftt
organizations), Subject to applicable Iew. we may shale
ail 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 marketlnc or other
services on our behalf or to other financial institutions
with which we have joint marketlne agreements, We
are also permitted by law to share information about
you with other companies In certain drcurnstanc:es.
For instance. we may share all 01 the information we
collect with companies assistine us in servicint your
loan or account, with companies that endorse our
.products and s'er'V1Ces through affinity a,reements.
with government entities in response to subpoenas or
2
..
regulatory. reqtliremeflts; 8bd with consumer reponine
agendes. If you tell us not to stlare 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 Inform.don About Your Choke: We're
dedicated to serving your needs - and to respec.tlne 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 ou~ide
of MBNA that wish to offer you their products and serv-
ices as described above. If you wish to opt out of such
information sharine, 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 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 acrount level. not by
individual Customer, When any person listed with others
on an account opts out (for example, a co-appllcant. 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 desalbed above, either within MBNA andlor with
companies outside of MBNA. remains effective unless
revokecf'ln writlne, 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 sharine. Please remember when'you
~hte our subsequent notices that an account previously
opted out from either or both types of information shari",
(and not revoked in writing) does not need to be opted
out..I...
This notice updates and replaces any previous
notices from MBNA about the privecy. security, and
^-~_)il" ., :_~......~I,.,ft J:'nr lilrlrlltlnNlII1'l/orwtlon
~eeardlne MBNNs privacy practices concerning toe
Internet and to view the most recent version of this
privacy ~otlce, please 10 to www.mbna.com and dick
on -Privacy Notlce.~ 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 ~han8es
as required by law. ,_
Words Used often ,,.' Tlils Agreement,
-Aereemenr- or "Credit Card Aereement. means these
Addltlona' Terms and Conditions and the Required Feder81
Disclosures lor the Inltl8' Dlsdosureland any chances VIe
make to those documents from time to time.
"You- and "your" mean each and all of the p6sons who are
,",nted. accept, or use an a<:aIllnt we hoId.. "You" and -YOUr"
also meen any other person who has luaranteed payment ci
this 8CCOunt. when used In the sections entitled W, Ma, MoIll&or
alllll IUtorrI T~ OIls and Ar6itrllliM .1Id Utigalioft and when
used in eadl of the sections relet"" to payment d this ecx:ount
. -:'
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('fOllr PrM&"io Par and HDwWt AIaIr YcJur~. b exarnpe)
"We,~ .us: -oar", and -MBNA AmericI" mean MBNA
America Benk. N.A.
"Card" mans all the c:redlt cards we issue to you and to .
any other person with authorization to use this acx:oum
purs~nt to this Aareement. .
-Access chea- means an KCeI$ checIt we provide to JOU t
make I Check Cash Advance on JOUr llCCWIIL
If we use a capltali1ed term In this document but do not
define the term In this document. the term has the manine
eiven in the Required Federal OIsdosuJe$ or the InitieJ
Disclosure or as used In your monthly stetemeM.
We use section headlnes (such as WoNs Us.t 0Iwt III ,.,.
Agr",",..!) to oreanlle this A&reement. The actual terms c
thli A&reement are In the sentences that follow and not.
the headj.. .
Sign Your Carl
You should sitn your card belore fOIl use it.
We May Monitor and Record Telephone Calls
You consent to and authorize MBNAAmerk:a, any of kI......
ates, Qf Its marketlnc associates to monitor andlor tecIOICI ar '
at your telephone conversatlolJl with our represenutl\oes or
the representatives of any of those companies. .
Credit Reporting Agenda
You authorize MBNA Amerlca to collect Information about
you. Indudlne credit reports from consumer reportl", atende
If you believe we haye fumished Inaccurate or Inc:ompJetf
information ,bout you or your 8a:OU1lt to . credit tepC)ftinc
aleney, wtlte us at: MBNA. Credit Reportl", AcencMs: .P.O.
Box 170'., Wilmlntton. DE 19884-7~, Please Indttde you
name. address, home phone number, and aa:ount number.
and explain wMt you believe Is Inaccurate or Incomplete.
How to Use Your Aceo1lnt
You fNy obujn aedlt In the form of Purchases and CaM
Advances by uslnc your cards, KCeSI checb, aa:Ount num-
ber, or other credit devices. Please refer to your Requa..
F'ederal [lfvlOl\l~ (Or I"ltllt' ~~ ~o ~t~.... ,"",It
transactions constitute Purchases and Cub Advances and
how you may obtain them.
'J'r<<1I81.1UII. nn, I" ~'rtAfrr ('~~A4,.,,_, Ii'
The tranActlon date for Check Cash Advances and Belar
Transfers done by check Is the date you or the ~ to
whom the check Is m8de payable first deposits or cashes tt
check. The transaction date for a returned payment Cwhlch
will then be dasslflec:l_ a Bank Cash Advance) Is the...
that the correspondlnc payment posted to your 8CCllMIt.
PUrpOSBI Jor Usln, Your AceDuJI'
You may use your accOunt for pel'SCln8l, "mlly, or hoI.eh
putpClHl. You may not use your aa:ount lor buslnas ..
commercial purposes, You may not use . Check CaIh
Advance, 01 any other Cash Advance, to make a payment e
this or any other credit 8a:OUnt with UL You may JlClt ... 0:
permit your aa:ount to be used to ma. any llIecal transactI
Person. Usln, Y01lr Auount
If you permit any person to UN )IOUl card. access c:Mc
account number. or other aedlt deY\ce with the authorial
to obtain cr~\tpn your aceo'urat. you may be liable for a
..
;t.,$. ...
trannctlonl5"!nade by that pe'rs<m, Includlnc transactklns
for which you may not have Intended to be liable, eftIl 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,
Ht!w VOU Ma, Stop Payment on aft
Acuss'Cliedr
You may request .. stop payment on an access check by
.. providini us with the access check number. dollar amount, and
payee uactly as they appear on the access checi. Oral and
written stop payment requests on an access check a~ effective
for six months from the day that we place the stop payment,
You May Not Postdliu an Access Cliecfr
You mlY not issue I postdated access check on your .
account, If you do postdate In access 'chedt. 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
waltlnc for the date shown on the aCcess check. We a~ rwt
liable to you for any loss or expense Incurred by you &flail'll
out of the lCdon we elect .to tUe.
Your Promise" Pa,
You promise to pay us the lmounts of all credit you '
obtain. which includes III Purchases and Cash Advances.
You also promise to pay us,all the amounts of finance
charaes. fees. and any other transactionS we chaJle lIalnst
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 Dllte, You may pay the entJ~ amount you owe
us at any time. Payments made.in any bl'linc cycle that are
creater than the Total Minimum PBflJIUt Due:wI" not Iffect
your obll&etlon to make the nut Total Minimum Payment'
Due, If you overpay or If theft Is I oedlt balance on your
account, we will not pay. Interest on such amounts. We wlU
reject payments th8t I~ not drawn In U.s, dollars and those
drawn on financial fnlllllutlU1'. Iuu.I~J oublde the Unlhd
States. Payment of your Total Minimum Pa~t Due may
not avoid the assessment of OYerlh:nlt Fees, .'
w1I'e" Jill.., r""IJI~,4 Will .u~ O~dltc4
t4J You, Account
We credit payments as of the date received, If the payment
Is (I I received by 2 p,m, (Eastern Timel: (21 received at the
address shown In the upper left-hand comer of the front of
your monthly statement: 131 paid with I check dJllwn in U.s.
dollalS on I U.s. f1nandallnstltutlon or I U.s, dollar money
order: .nd 141 sent In the retum enwlope wlth~nly the top
portion of your st.tement accompany/nc It. PaymentS
received liter 2 p.m. on any day. IndudlRl the Payment Due
Date, but that otherwise meet the above requi~ments, will be
credited as of the next day, Credit for any other payments
may be del.yed up to five de,.. .
How We ARocate Your Payments
We will allocate your payments In the manner we determine.
In most Instances. we will allocate )'Our payments to balances
(/ndudll'll new transactions I with lower APRs befo~ balances
with hl,her APRs. This will result In new balances with lower
APRs ISuch IS thosa,~lth promotional APR offers) beil'll paid
,
. .~.4:;;' ...
before any at';;r exlatlna balances.
Promise to Pay Applies to All Perso...
All persons who initially or subsequently request, ac:cept.
guarantee, or use the ac:count are Indlvic:lually and toeether
responsible for any total outstandlna ballnce. We may refuse
to release from liability Iny person who Is lesponslble to pIIY
any total outstandllll balance, until all of the cards, acc::ess
checks, and other credit deYIc:es outstandlnc under the
account have been returned to us and any such person or
persons repays us the total outstandil'll balance owed to us
at any time under the terms of this A&reernent.
Default
You win be in default of this A&reement If: ( I) you fall to
make Iny required 'rOtal Minimum Payment Due by Its Payment
Due Date: 12) your total outstandil'll balance exceeds your credit
limit: or (3) you faU to abide by 8ny other tenn of this
Agreement. Solely fo, the purposes of determlnil'll ellalbUlly
and premium payment-abUtltlons for the optional credit
insurance purchased throu,h MBNA. you will be deemed in
default 01 dellrlCluent If you fall to mike I payment within 90
days of your Payment Due Date. OUr fallu~ to exercise eny c
our riehts when you default does not mean that we are
unable to exercise thOH riehu upon 1ate, cW.ult,
When We May Require Immediate Paymen:
If you are In default. we can require Immedilte payment
of your total outstandlna balance and, unless prohibited b1
applicable law and except as otherwise provided under the
Al'iil1ll.io".IId UU,..ion section of this Aereement, we can
also reqUire lOu to pay the costs we Incur In any collection
p'roceedlnc, as well as reasonable attorneys' fees If we refe
your account jor collection to In Ittorney who Is not our
Allrled employee,
Otlie, Payment Temu
We can Iccept lite payments, partial payments. or pay.
ments with Iny restrictive wrlUna without Josir'l any of our
riehtl under this A&reement. This means that no payment,
includina those marked with "Paid in Mr or with Iny athe.
l<:strkll.~ _01\:11, shall oper.t~ .. 1ft cCOAd and catlrf! i1t,
withoUt the prior written applOY8l of one of our senior oIfk
You may not use a postdated check to make I payment. If
~u ~o postdate a .P8..Y'"ent check. we ~ elect to honor I
upon presentmenfbflelulII Il U.......UI\5l!'V Utc ~........_"
presented It. without. In either case, Wlltlnt for the ct.te
shown on the check. We are not liable to JOU tor any loa or
expense Incurred by you arislna out of the ac:tkln we elect to ,
Payment Hoffdall'
We may allow you. from time to time, to omit a month'
payment. We will notify you when this option Is IVIlllabk
you omit I payment, finance charps IMlny applicable !
will acxrue on your account In ac:cordancIe with th.
A&reement. You must resume makinc your Total Mtnlmu
Payment Due each month followll'lll payment holiday.
Transact'on. Made In Foreign Cu"eKC:
If you make a transactlon In a 'orelen currency, the traflS.
will be converted by Visa tntemltlonal 01 MasterCard .
International. dependlnc on which cald you use. Into a l
dollar amount In .ccordance with the operatlnc reeulatlo
conversion procedures in effect at the tIme.that the t..-.
is processed, Currently, those reculations and procedur
provide tl1at'the. currency COftYerslon rate to be used Is ·
6
.,
.
(I) a wholesare1narket"lIteo;'(2} a government-mandated
rate in effect one day prior to the processine date. increased
by one percent in each ca~, Visa or MasterCard retains this
one percent as compensation for performine the currency
conversion service. The currency conversion rate In effect on
the processin, date may differ from the lite in effect on the
transaction date or the postlne date, "
Billing cyds
Your blllin, cycle ends each month on a Closlne Dete
determined by us, Each blllllll cycle begins on the day after
: the Closilll Date of the previous bllllne qde. Each statement
reflects a slnele bllline qde,
Account Fees and e!larga
Account Fees: The folJowine fees, which are set forth in your
Required Federal Disclosures or Initial Disdosure. are charted
as Purchases In the bllline qde In which the fees lI<XnIe:
( II I Late Fee If the Total Minimum Payment Due shown on
your monthly statement Is not received by us on or before its
Payment Due Dete;
121 In Overlimlt Fee If your New Balance Total exceeds your
credit IIrmt on the last day 01 a bUlln. cycle. even If fees or
finance charges chareed by us cause your New BalaMe
Total to exceed your credit limit: an Overlimlt Fee Is .
char,ed to your account II of the day In the billin, cycle
that the total outstandlne balance on your account exceeds
YOllr credit limit;
131 a Returned Payment Fee If a payment on your account Is
returned lor insufficient funds or for any other reason, even if
It Is paid upon subsequent presentment;
''') a Returned C,ash Advance Check Fee If we retum .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 .",d
six sales drafts will be provided for free: and
(6) an Annual Fee If your account Is open or If you malnUlift
an account balance, whether you have active char.if\C privi-
Iqes or not,
^b."dolled.F..,...~J ry Ch.r,... Unless prohibitEE! ,Ily
applicable law, we will charce your account. as a Purchase, for
any costs Incurred by us .ssociated with complyint with state
"~r1....n....t.nr~rtv Jaws.
Pleese review your Required Federal Disclosures or inItial
Dllclosure for additional fees and char.es that may apply to
your account. .
Benefits
We may offer you certain 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 subjea to the terms and restrictions outllnid In the benefits
brot:hure and other offldal documents provided to you from
time to time by or on behalf of MBNA Amerial, We mey
adjust, add. or delete benefits and services at any time and
without notice to you.
Refusal to Hono, You, 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 nable for
any retention of your card by us, any other benk. or any
provider of loods or services,
, ....,.
7
. ..~>> "
We Mtiy Suspend' or Close You, Aa:OKnt
We may suspend or close )'OUr ICtOImt er otherwise tenninIl.
your rieht to use your account. We may do this at any time ancI
for any reason. Your obJiptions under this Acreement Continue .
even after we have done this. You must destJOy all calds acxleS
checks. and other credit devices on the ea:ount when we' reque
that yov de.,
You Marl Close You, Aceou.t
You may close your account by notlfyiftCus In wriU", or t
telephone and destroylnc an cards, access checks. and other
credit devices on the account. Your obliptlons under thiI
Agreement continue even after you have done this.
Transactions Afte, YOII' Account Is Closeci
When yoUr account Is closed. you must contact an18M
authorized to chafle transactions to ,our account. such _
Internet servicIe pIOIIiders. health dubs, or insurance cornpaniet
These transactions may continue to be charted te JQUf .
account UlltU you chanae the biUint, AIle. if we believe yew
have authorJzect a transaction or are atternptlnc to use JQUr
account after you have requested to dose the acxouM, we
may allow the transaction to be charted to your account.
We May Amend Tfds Agreement
We may amend this Aireement at any time, We may
amend It by addlne. deletl.... or chantl", provisions of this
Agreement, When we amend this Agreement, we will compl)
with the applicable natlO! requirementS of federal and
Delaware law that are In effea at that time. If an amendmen
,Ives you the opponunlty to reject the chance. and If )8U
reject the cha..1n the manner provided In such amend-
ment, we may terminate your rllM to receive credit and may
ask you to return all credit devlCltS 81 a condition of your
relectioft. The amended Aireement (lncIudInt any hlcher-rat
or other hither chafle5 or fees) will apply to the total out-
standlnt belanee. Includllll the balance exlstlnc before the
amendment became effective. We may replace your and wit
another card at any time,
We Marl Sell You, ACeDu.t
We ;::ay at any time, alKi wlthout.nQtice to you. nil. ...",
or transfer your account. any sums due Oft your ac:count. chtI
Agreement. Dr our ri,hts or oblltatiofts under your account c
this ~'eement to any peFlOn or entity. The person or entity
to wtle't.. we u..~c .111 ~VU'1 ..-te, ....1'1.."'-.."" v. u..........L IA_~
be entitled to all 01 our rithts andfor obIlptlons under thia
Aereement to the extent so1cI. assltned or transferNd.
Yoltr Credit Lindt
Your credit limit is dlsdqsed to you when you receive your
airel and. cenerally. on each monthly statement. We INJ
chanee your aedIt limit from time to tiIne,
The amount shown on your monthly stat~t 81 Cash or
Credit Available does not take into account any Purchalel.
Cash Advances. finance cha..... lees. any other transactionl.
or aedlts that post to your account after the Closl... Dele elf
that monthly statement. Such transactions could result iR
your credit limit beina exceeded and result in the assessmen
of Overlimlt Fees,
Wliat We Mall Do if You Attempt to
Exceed YOII' Credit Umft
The total outstandlne balance on yovr aa:ount plus authoriJa.
tlons at any time l'I'ItM. not be more1han your credit limit. If,oc.
.
~
I
~.
.
....;. .....
attefnpt a transaction .that results In your total outstandi", bal-
ance (plus authorizations) exceedine your credit limit. we may
( I) permit the transaction without raisi", your credit limit: (2)
pennlt the transaction and treat the amount of the transaction
. that Is more than the credit limit as immediately due: or (3)
refuse to pennlt the transaction.
If we refuse to pennlt the transaction, we may advise the
person who attempted the transaction that It has been refused.
'If we refuse to 'pennlt a Chec:k Cash AdVance 6r BaIahC2
Transfer, we may do so by advIslne the person presentl", the
Check Cash Advance or Balance '!)ansfer that credit has been
refused, that there are insufficient funds to pay the Check Cash
Advance or Balance Transfer, or In any other manner.
If we have pr~iously permitted you to exceed YOUI credit
limit. It does not mean that we will permit you to exceed your
credit limit alain, If we decide to permit you to exceed your
credit limit, we may charie an Overlimlt Fee as provided In
this Aereement.
Unautllorlud Use of Your Card
Please notify us Immediately of the loss, theft, or posslbie
unauthorized use of your account at I -B()()" 789-670 I.
Yo" Must Notify Us Wilen You Cllange
Your Addres.
. We strive to keep accurate records for your benefit ami
ours. The post office and others may notify us oIa chance to
your address. When you chanee your address. you must notify
us promptly of your new address. . .
wllat Law Applla
'I11is Agreement' is made in Delaware, and we extend credit
to ygu from Delaware, This Aereement is 1000med by the
laws of the State of Delaware (without reeard to Its conflict 01
laws prlnclplesl and'by any applicable fede,.1 .....
Tfae Provision. of Tills Agreement Are
Severajk
If any provision of this Aereement Is found to be InVIIlid,
the remainlna provisions will continue to be effective.
Our Rights L.ontinue
Our {alJuft or detay iA exetdsine any of our riihts under
this ~reement does not mean that we are unable to exercise
tnost'",n~ 'iI,e..
A,jit,atlon and Utlgatlo..
11I1s Arbitration and Lltieatlon provision applies to YOU.
unless you were ilven the opportunity to reject the Arblt,.tion
and Utlptlon provisions and you did so reject them. In the
manner and timeframe required. If you did reject elfecthely
sud! a provision. you alreed that any lItleatlQP broutht by you
aialnst us reearellna this account or this Aereement shall be
broUlht In a court located In the State of Delaware.
Ally dalm or dispute ("ClaIm") by either you or us lIalnst
the other, or alalnst the employees, qents, or assllftS of the
other, arlslna from or relatll)lln any way to this Aereement or
any prior Aereement or your ~unt (whether under a
statute. In contract, tort, or otherwise and whether fOI money
dalT\8lCS, penalties, or declaratory or equitable relief), indudl",
Claims reearellna the applicability of this Arbitration and .
L1titatlon section or the validity 01 the entire Aereement or
any prior Aereement, shell be resolved by.blndlna arbitration.
The arbitration ~h!l1 .be mnducted by the NatIonal Arbitradon
9
Forum ("NAF"*'uncler the cQJe 01 Procedure In effect .r the time
the Claim Is filed, Rules and forms of the National Arbitration
Forom may be obtained and Claims may be filed at any NIItioMI
Arbitration FONm office, www.arb-forum.mm. or P.O. Bat 501'1.
Minneapolis, Mlnnesotl55405. telephone 1-800-47....2371.
If the NAF Is unable or unwllll"l tel ect as-erbltrator, we mlIY
substitute another nationally recoplzed, Independent arLli-
tratlon.orlanlzatlon that uses a similar code 01 procedure.
At your written .request. we will advance.a", ublt,.tion ftllnt
fee. or administrative and hearine fees that you are required
to pay to pursue a Claim In arbltratica The arbitrator will
decide who will be ultimately responsible for paYine theM
fees, In no eYent wllJ you be required to relmbulM us for any
arbitration fIIlnt. adminlstratiYe. or hearlnc fees In 1ft amount
Ireater than what your court costs would heve been If the
Claim had been resofved In a state CXlUrt with lurlsdk:llon.
Any arbitration hearine at which you appear will take p_
within the federaljudldal district that Includes your bllllRc
address at the time the Claim is filed. ,",Is arbitration ......
ment Is made pursuant to a tflnsactlon InvoIvinc interstate
commerce and shall be lovemed by the Federal Arbitration
Nj,,9 U.s.c. It 1"16 ("FM'. 'udiment upon any arbitration
aw~rd may be entered In any court havin& lurlsdlctkln. The
arbitrator shall follow existil'.lll substanti>le law to the utent
co!:'sistent With the ~M 8nc3' applicable statutes ollimlU1t1ons
and shall henor any.dalms or prlvileae leCOInized by 1_, If .
any party requests, the arbitrator shall write an opinion con-
talnlna the reasons for the awant, .
No Claim submitted to arbitration Is heard by a jury, and
no Claim may be brouiht as a dus action or as a privete
attorney iene,.l. You do not haft the rlaht to act as a class
representative or partldpate as a member of a class of
claimants with respect to any Claim. This Arbitration ancl
Lltllation sectIOn applies to all Claims now In existence or
that may arise In the future,
This Arblt,.tlon ancl Lltli_tlon section shall survive the
tennlnation of your account with III as well as any voluntllry
payment of the debt In full by you,..ny bankruptcy by you; CM'
sale of the debt by us,
For the purposes 01 this Arbitration and UtlptkMf section
"We" ancl "us" means MB~ America Bank. NA, Its parent. .
subsidiaries. affiliates, licensees. ~, successors.
......is...., ell)' .,urdoaser of )'-Ur &(L(AInt. and aU cA ehelr ~_
directors, employees, 8ients, and aSlips or any and an DI .
them. Additionally. "We-<< "us" aU mean uy thUd P8ICT
~rovidln. benefits. services. or products In connection with
the account '1nCIUalna'butt.ofl\lllltea-,;gU~,"l OUI..iI"a.llo-.-
chants that accept any credit device Issued under the
account, rewards or enrollment services. credit Insul'8nce
companies, debt collectors. and all of their oIfIcers. directors.
employees ancl acentsllf. and only If. such a third party"
named by you as a codefendant in any Claim you assert
alalnst us.. . .
If any part of this Arbitration and UtIeItJoa.sec:t1on Is
found to be Invalid or unenforceable under any la.. or statute
consistent with the FAA. the remainder 01 this Arbitration and
Litleatlon section shall be enforceable without reprd to such
invelidlty or unenforcubllity. .
THE RESULT OF THIS ARBrrRAnoN AGREEMENT IS
THAT. EXCEPI' AS PROVIDED ABOVE, CLAIMS CANNOT BE
LmcATED IN COURT, INCLUDING SOME CLAIMS THAT
COULD HAVE BEEN TRIED BEFORE A IURY. AS CLASS
AC110NS, OR AS PRIVATE An'ORNEY GENERAL AcnoNS.
. ...-04
10
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CREDIT iNsURANeE BENEFITS,
LIMITATIONS, COSTS & EXCLUSIONS
CONSUMER PROTECTION DISCLOSURES
CREDIT INSURANQ IS: NOT A DEPOSIT: NOT FDIC-
INSURED: NOT INSURED BY ANY FEDERAL GOVERNMENT
AGENCY: AND NOT GUARANTEED BY 11fE BANK.
PURCHASE-0F CREDIT-INSURANCE IS-NOT-A-CONDmON
OF OBTAINING CREDIT. IF COVERAGE IS DESIRED. IT
MAY BE PURCHASED ELSEWHERE.
Credit Insurance pays your minimum monthly payment.
up to your balance on the date 01 loss lnot to exceed 525,000.
except disability In MN), until you return to work" If you are
Involuntarily unemployed. ~ disabled, or If you or your
spouse takes covered family IerIe. Credit Insurance alse
pays your Insured outstandll'll balance up to the leat of ,our
outstandlnc balance, your credit Iimlt lnot At, AZ, Mo. DE.
DC. ID. IL. IA. LA. MD. MN. MS, NY, ND, OH. OK. RI. SD, VI:
WA, WV ~ WYI, or 525.000 If,eu cIie,
EII,lblUty: One insured per account linsured must be the
primary cardholder or a co-appllcant. authorized users are not
ellelblel, under ace 66170 In AZ, HV" VA; 71 In FL. CiA. MI,
MO ~ OK: 72 In NM). Your coverqe ends at these same qes
lexcept family leave In AZ. f1. &- SD "unemployment). When
enrolled. certificates will be maIled explalni", your coverqe
"effective date. In MN. unemployment coveraee is effective
61 days from your certificate effective date. For unemployment
or flmlly leave benefits. you must be ea1nfully employed
worltlfll at least 30 hrslWlt lnot self-employed or an inclepenclent
contractor) for 90 consecutive days before the date of loss
!CO - before appll?tion date), IPA - on the date of loss),
ITX - before cover.ee effectIve date for unemployment).
Employees of professional corporations may be ellelble.
Coveralltes &- Senen.-. Credit Insurance covers: your
~ath; Involunc.ry unemployment due to job loss. eenerel
strike, unionized labor dispute, or lockout: total disability due
to sickness or mjury If you are unable to perform the material
&- substantial duties 01 your lob lor Iny lob after 12 mos, In
PA: 18 mos, in AL. Az.. AR. CA. DE, DC. CiA. HI, ID,It..IA. ICS,
v.. MD. MN, M5. NV. Nt. 1'{1\ 01{ OK. RI. ~n. TN vr. WA... WV
WI rr WYJ: your or your spouse's unpaid leave of absence
from employment dLJe to care of)'OUr newborn or newly adopted
child or an incapacltmed Immediate Iamily member lmust be
1if,AJUM:, UIIIU, .L~""'''^^''' .....'_.. ~ .\It,, ..-'...:&-'1 ,~...III _
salve military duty: jury duty I~ In AKJ: or residence in
a federally declared disaster area, Loss lnot death) must
continue at least 30 days before benefits beein, In NY, for
strikes, unionizecllabor disputes" lockouts, you must be
unemployed for 7 consecutive weeks" qualify for state unem-
ployment benefits before benefits bqin. A dally 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 R:\8y cancel thiS CO\Oerqe at any time. If carteeled within
the first 30 days of coverqe. all premiums will be refunded,
FlIclu.lo.... ute: suldc:le fn the first 6 months of coveraee
(not MO &- MO). Involunc.ry Unemployment: retirement.
resiplatlon. voluntary forfeiture 01 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 lid CA. MA" NVl.
Intentionally self-inflicted Inluries lnot MDJ. 0/' a pre-exlstllll
medical condition durlne first 6 months of coverqe lnot Nil.
Family leave benefits are not paid If you are elielble for or
: recelvilll unempioyment benefits or are disabled,
. ...... -
II
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00" '.I&- ~ ....
This Is orilfa brief description of coverqe. and cove
vary by state. Please refer to your certificates for a fvU races
explanation 01 awe~.
CoP< Der SIOO Der Month of Averaae 0.1.. Bal....-.
Costs apply to ute (L). Disability (D). UnemplO)'meRt (U) c-
ramlly Luve (F'): AL '4,5(: AX 7k; AZ 99.te; M 99c; CA
89,9c; CO 5O.66C: cr 42,89c: DE 99.te; DC 99,te; f1. ate; CiA
9,O;1c; HI 19.9le: 10 9f,5c tL Ue. D IU(. U 54c. F 2Oc-); lL
&1,97(: IN 96c: IA f7,1c II. 7.2e, D 16.~ II'54c. F20e): g.
85.47e; ICY 97,4(: LA 99,9:1e: ME 5Hl5c: NO 79.74C; MA 1',7e;
MI 15.1(: MN J 1.47-(; MS 92,5c; MO 61.1e; MT ",9c; HI:
95,1e; NV 99.1k; NH 9k: HI 9k; NM 51,91:: NY 52.5c (1. I.k.
D 26.k. U 16,9cI; NC 7J.:Ie; NO ~,97e; OH 99.te; OK 97.47C;
O~ 8O,1c; PA ..Ie: PR 991:; RJ ",Ie; SC 7'.Ic; SO ",te; TN
92.5c: TX 3J.7e (L 4.1e. D 12.tc. U ItIc); UT 'IU4C; vr 34.92e
IL UIe. D 12.24C. F 16C); VA a.c (L '.Ie. 0 "te. " ~. F
2Ocl: WA IUk; WV 99,5c: W193.6e fL 5,7(. D Uc. U 59c. F
2Oc); W'f ".'c.
Av.Uabtl.... Involuntary Unernplo,menr II not aV.11abIe In
MA or VT, ramlly Lave is not 1V.llable in AI.. cr. MA. MD.
MN. NM. NY. PA. . TX.
1lnd.crwrldp. Coml)llnleslPolIcw: InvoIunlatJ
Unemployment: American SecurJtylLOIt5ll,), LOI NY(3t'93).
AS LOJ TXlllm). LOIC-IP-KS(2i96'. lI'IC-IP-cRS-ME(W'1
and LOIC-IP; Standard GuaflntyISC LOI (511') INH on.,),
Life" DisabIlity: Union Security UfeIL-J-%. L-S-c; In AL. AZ.
AR, DE. DC. W. It.. lA, ICS, LA. MtI, tAN, MS. NY. NtIl, OM. OK.
RI. SO, VT, WI.. WV " WV: Standard Guaranty UIe lTX onlyY
L-I-ZI&l92)(3.53RA), F1m Fortis UIe INY UIe only)INYLMOOI3.
American Security (NY Disability onlyVW-S--A. Fertis
Insurance IME oJ:lly)IU-X-A. ramlly Leave: American
Securltylf'LP 1~7), FLp..ru 12J971 In FL. FLP-NC 131911 In NC,
f'LP-oK(<U97lln OK. FLP-VAl2J98) In VA. f'L-IPIAz.){7J98) In
AZ, f'L-IPl4I97)In IL Go IN, F1..-1P-ICS I I 2J9711n ICS. FL-IP-ME
I~) In ME: f'L-Ip..WVI4l97) In W'f; St8ndard Ciuarantym.P
(4197) In NH: Union Security Ufe/FLP-VTI4I97) In vr. SolldtJ"I
.,ents for Mississippi and F10rIda are Charles M. Gordon and
Pamela Curtis respectlve!r,
The creditor may receive compensation In connection with
this offer,
It Is a crime to provide fllIe or mlsleadinlinformation eo an
Insurer for the purpose 01 defraudi", the IMum or.ny ClCher
person. Penalties Induc:Ie Imprilonment andlor fines. 1ft acRIICkla
an Insurer may deny Insurance benefits If fllIe InfonnadGln '
..._~_:"I. .;1",-1-- - '_I --~_....._.."...-.-,,--...
.Less past due and over credit limit ati.ounu. In MI. CICWIeI'-
.,e pays 5.. 01 the balance on your date 01 disability up to
S I 250. In OR. coverBle pays the ,ruter of II36th of the bill-
ance or the current minimum payment due on JOUr date ci
loa, In NY " PA. coverqe pays the minimum payment due
on your date of loss, In TX. coverqe pays the puter of _' O!
your Insured outstandllll balance on your date of unernp&o,-
ment or your minimum monthly P8ymeM. ..
. "The number 01 monthly beneflt paymentS will not eIlCII!8d ,
for flmlly leeve: 12 for unemployment In AI.. AX. t:t It.. MI. MN
MO. NM, He. NY. PA. SC "TX: 12 for disability In AX. CO. cr.
FL, ICY, MA. MO, NIT, NE. NH, NM, NC. OR. sc. UT ~ VA.
NY. NI & TX Residents Oftar. 'Ib purd\ase CXJ'IeI8le5 ~
write to Assurant Group. P. 0, Box 50355. Atlanta. OJ. 30J02.
Applications will be sent to you.
. .....
12
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EXHIBIT "B"
III
NATIONAL
ARBITRATION
FORUM e
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),
AWARD
RE:
MBNA America Bank, N.A. v Terrence L Mcbride & Kathleen
E Mcbride
File Number: F A0406000283025
Claimant File Number: 5490999999371130
Terrence L Mcbride
26 Orange St
MT HOLLY SPGS, P A 170651721
Kathleen E Mcbride
26 Orange St
MT HOLLY SPGS, P A 170651721
RESPONDENT(s).
The undersigned Arbitrator in this case FINDS:
1. That no known conflict of interest exists,
... "4 .i..~..-.~~",J.;{iW; 9~ b,~'}rt:0~/p~2004 ;tliq: p.an~:.jW1fWjr.~"U',(!ll~.;u~~.t}lat~. f.r..,nti-ii\lt~~~i<iF-cl'fj if~.,.~$i
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 $27,949.55.
.~- ~
John D. Hendricks, Es .
Arbitrator
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 ofPemsylvania
Date: 09/07/2004
c::x....\ ~,-~ \~C^-
Honorable Harold Kalina, Ret.
Director of Arbitration
09/07/2004
,...." 0
0 =
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N,A.
No. 04-5913
Plaintiff
CIVIL ACTION-LAW
v,
TERRENCE L. MCBRIDE and
KATHLEEN E, MCBRIDE
Defendants
DEFENDANT KATHLEEN E. CRAWFORD f/k/a KATHLEEN E. MCBRIDE'S
PRELIMINARY OBJECTIONS TO PLAINTU'F'S COMPLAINT
AND NOW, comes the Defendant, Kathleen E. Crawford flkIa Kathleen E. McBride
(hereinafter "Defendant") by and through her attorneys James, Smith, Dietterick & Connelly,
LLP, and files her Preliminary Objections to Plaintiffs Complaint as follows:
1. On or about November 24, 2004, Plaintiff instituted the above captioned action
against Defendant and her ex-husband, Defendant Terrence McBride.
2, Plaintiffs Complaint alleges that Defendant was issued an open end credit card
account by Plaintiff (hereinafter "Account"), that Defendant us(:d said credit card and that
Defendant has failed to pay the sums due and owing to Plaintiff under the Account (Complaint ~
4,5 & 6),
3. Plaintiff's Complaint further alleges that this matter was referred for Arbitration
whereby an award was entered in favor of Plaintiff, (Complaint ~ 8),
PRELIMINARY OBJECTION TO PLAINTIF'F'S COMPLAINT
IN THE NATURE OF A DEMURRER PURSUANT TO Pa.R.C.P. 1028(a)(4)
4, Paragraphs 1 through 3 are incorporated herein by reference.
5, Plaintiff's Complaint fails to allege any facts describing when the Account was
opened, when the amounts due and owing were incurred, or who incurred these amounts,
6, Plaintiff's Complaint fails to attach a signed credit card agreement or any
documentation at all demonstrating that Defendant ever entered into an agreement with Plaintiff,
7, Defendant and her ex-husband, Defendant Terrence L. McBride, have been
divorced since June 8, 1989, A true and correct copy of the Divorce Decree is attached hereto
and made a part herof as Exhibit "A".
8, Plaintiff has failed to state a cause of action against Defendant.
WHEREFORE, Defendant Kathleen E, Crawford fIkIa Kathleen E, McBride respectfully
requests the Court to dismiss Plaintiff's Complaint with prejudice, pursuant to Pa,R,C,P, No.
1028 (a)(4),
PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT BASED ON
LACK OF JURISDICTION PURSUANT TO Pa.R.C.P. 1028(a)(I)
9. Paragraphs 1 through 7 are incorporated herein by reference,
10. Plaintiff's Complaint fails to establish Defendant ever resided at the address listed
on Plaintiff's Complaint as her last known address, 26 Orange Street, Mt. Holly Springs,
Pennsylvania 17065,
11, Plaintiff's Complaint fails to establish Defendant received any notification of
Plaintiff's claim against her,
12, Plaintiffs Complaint fails to establish Defendant was ever notified of the prior
arbitration proceedings and the arbitration award.
13. Plaintiffs Complaint fails to establish jurisdiction over Defendant.
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
-----------------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
MBNA AMERICA BANK, NA
(Plaintiff)
vs.
TERRENCE L. MCBRlDE and
KATHLEEN E. MCBRlDE
(Defendants)
No. 04-5913
1. State matter to be argued (i.e., plaintiff's motion for new
trial, defendant's demurrer to complaint, etc.):
Defendant Kathleen E. Crawford fIkIa Kathleen E. McBride's Preliminary to Plaintiff's
Complaint
2. Identify counsel who will argue case:
(a) for plaintiff: AmyF.Doyle,Esquire
Address: Wolpoff & Abramson, L.L.P., 267 East Market Street,
York, PA 17403
(b) for de f endan t: Scott A. Dietterick, Esquire
Address: James, Smith, Dietterick & Connelly, LLP, P.O. Box 650,
Hershey, P A 17033
3. I will notify all parties in writing within two days that
this case has been listed for argument.
4. Argument Court date:
~~l!~~~~~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, NA
No. 04-5913
Plaintiff
CIVIL ACTION-LAW
v.
TERRENCE L. MCBRIDE and
KATHLEENE.MCBRIDE
Defendants
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy ofthe foregoing Praecipe
for Argument was served on the following this 31" day of Januarv, 2005, via First Class U. S.
Mail, Postage Pre-paid:
Amy F. Doyle
Wolpoff & Abramson, LLP.
267 East Market Street
York, PA 17403
Kimberly A. eWitt, Esquire
Pa. LD. #89705
Scott A. Dietterick, Esquire
Pa. LD. #55650
P.O. Box 650
Hershey, P A 17033
(717) 533-3280
JAMES, SMITH, DIETTERICK &
t:~
BY
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, NA
Plaintiff
NO. 045913
vs.
CIVIL ACTION - LAW
TERRENCE L MCBRIDE and
KATHLEEN E MCBRIDE
Defendants
PRAECIPE TO DISMISS
To the Prothonotary:
Kindly dismiss the above captioned matter pursuant to Defendant, Kathleen E McBride
only, without prejudice.
Respectfully Submitted,
Amy F. Doyle,
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
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-05913 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MBNA AMERICA BANK NA
VS
MCBRIDE TERRENCE L ET AL
SHANNON SUNDAY
.Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
MCBRIDE KATHLEEN E
the
DEFENDANT
at 1102:00 HOURS, on the 8th day of December, 2004
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
by handing to
KATHLEEN (MCBRIDE) CRAWFORD
MRS JOHN CRAWFORD
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Additional Comments
KATHLEEN CRAWFORD'S ADDRESS IS
4616 S CLEARVIEW DRIVE CAMP HILL, PA 17011
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6,00
,00
.00
10,00
.00
16.00
f?~s<'::(i~:~~:~~~~.,~.r: ~,,"<:;:'~::'~
. .
. .
R, Thomas Kline
12/08/2004
WOLPOFF & ABRAMSON
J~er~'
Sworn and Subscribed to before
By:
~
me this 7 day of
/l
~vtA.AA~, ;HJfJ r< _ A . ~ '
~ (] )n.dP~., /I ~
P. thonotary j II"
.....
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-05913 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MBNA AMERICA BANK NA
VS
MCBRIDE TERRENCE L ET AL
GERALD WORTHINGTON
r Sheriff or Deputy Sheriff of
Cumberland CountYrpennsylvaniar who being duly sworn according to lawr
saysr the within COMPLAINT & NOTICE
MCBRIDE TERRENCE L
was served upon
the
DEFENDANT
r at 1955:00 HOURSr on the 7th day of December r 2004
at 26 ORANGE STREET
MT HOLLY SPRINGSr PA 17065
TERRENCE MCBRIDE
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof,
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18,00
4,44
.00
10.00
.00
32,44
Sworn and Subscribed to before
me this 1 .:;;. day of
/1
~ ;Jpv':: A.D,
( L ~-"'--' () 1M t'e4v ^O~,
7P/r?;thonotary J 7F-'
So Answers:
r~~
R. Thomas Kline
12/08/2004
WOLPOFF & ABRAMSON
By'
. ~ "^~~
Deputy Sh iff