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03-2660
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., Plaintiff VS. NANCY M ROGERS, Defendant NO. - St.& 5 CIVIL ACTION - LAW 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 twenty (20) days after this Complaint and Notice is served, by entering a written appearance, personally of by attorney, and filing in waiting 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 in the Complaint, or document, or for any other claim or relief requested by he Plaintiff. You may lose money or property or other right 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICIA Le han demandado a used en la corte. Si used quaere defensas de esas demandas expuestas en las paginas, siguientes, used tiene viente (20) dias de plazo al partir de la fecha de lademanda y la notifiation. Used debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a last demandas en contra de su persona. Sea avisado que si used no se defienda, la corte tomara medidas y psedido entrar una orden contra used sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Used puede perder dinero o sus propiedades o otros derechos importantes para used. LLEVE ESTA DEMANDA A UN ABODOAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVER1GUAR DONDE SE PUEDE CONSEGUIR ASSITANCIA LEGAL. Court Administrator Cumberland County Court House I Court House Square, 4'h Floor Carlisle, Pennsylvania 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., NO. Plaintiff vs. CIVIL ACTION - LAW NANCY M ROGERS, Defendants COMPLAINT AND NOW, comes the Plaintiff, MBNA AMERICA BANK, N.A., by and through its attorneys, Amy F. Wolfson, Esquire, and the law firm of Wolfson & Associates, P.C., and files the within Complaint and in support avers as follows: 1. Plaintiff, MBNA AMERICA BANK, N.A., is a Delaware corporation doing business within the Commonwealth of Pennsylvania, and the other states of the United States, ~vith its principal place of business situated at P.O. Box 15718, Wilmington, Delaware 19850. 2. Defendant, NANCY M ROGERS, is an adult individual ~vith a last known address of 1552 L1NDSAY LOT RD, CUMBERLAND County, SHIPPENSBURG,PA 17257-8593. 3. It is averred that Defendant was issued an open end credit card account. A true and correct copy of the Credit Card Agreement Additional Terms and Conditions is attached hereto, incorporated herein and marked as Exhibit "A". 4. At all relevant times material hereto, Defendant has been a regular user of said charge card for the purchase of products, goods and/or for obtaining services from Plaintiff or Plaintiff's licensees. 5. Defendant has been provided with copies of the Statements of Account accurately showing all debits and credits for transactions on the aforementioned credit card account. 6. Defendant did not object to the above mentioned Statements of Account submitted by Plaintiff to Defendant. 7. Pursuant to the Credit Card Agreement, which Defendant received when the aforementioned credit was issued, 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. That this matter was referred to Arbitration for determination and disposition, whereby an Arbitration Award was entered against the Defendant 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. That Defendant has made sporadic and irregular payments which have been applied to the outstanding balance of this account. 10. As of the date of the within Complaint, the remaining balance due, owing and unpaid on Defendant's credit card account, as a result of charges made by said Defendant and/or any authorized users is the sum of $8,234.89. 11. Despite reasonable and repeated demands for payment, Defendant has failed, refused and continues to refuse to pay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff: 12. Pursuant to the Credit Card Agreement, any unpaid and/or delinquent balances on said account shall continue to bear interest at the rate of eighteen (18%) percent. See Exhibit "A' as previously identified and incorporated herein. 13. The amount of contractual interest which has accrued on the aforementioned account from the date of the Arbitration Award, is the sum of $430.47. 2 14. Plaintiff has retained the services of the law firm of Wolfson & Associates, P.C. in the collection of the amount due from Defendant. 15. Any and all conditions precedent to the bringing of this action have been performed by Plaintiff: 16. 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, NANCY M ROGERS, in the amount of $8,234.89, plus contractual interest at a rate of eighteen (18%) percent in the amount of $430.47, plus costs of this action and such other relief as the Court deems proper and just. Respectfully submitted, my F. W/61fson, Esq~t'~ woL so?. &. A SSge ArES, P.C. 267 East Market Street York, PA 17403 (717) 846-1252 ID No. 87062 Attorney for Plaintiff 3 VERIFICATION Amy F. Wolfson, Esquire, hereby states that she is the attorney for the Plaintiff, MBNA AMERICA BANK, N.A., who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of her 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: A'n~ F. Wozl~son, ~S~lUi~/e/ WOLFSON & ASSO~fATES, P.C. 267 East Market Street York, PA 17403 (717) 846-1252 ID No. 87062 Attorney for Plaintiff EXHIBIT "A" AGMT 90 Your Contract With Us Your Credit Card Agreement with as consists ct these Additional Terms and Conditions and the document cslted the Required Federal Disclosures or the Initial Disclosure. You agree to the terms and conditions of this ^~reement. For the purpose of the Pdvacy Notice, we w/il use the de~inJtic contained in the third paragraph of the P~vacy Notice. For the remainder of the Agreement, we ~il[ use the definitions described under the section heading Words U~ed O/ten in This ~r~emen/. PrivacF Notice Your privac~ is important to us: At MBNA, we ars committed to providing you ~vith the finest financial products and services backed by consistently top-qual service. And while information about you is fundamen~ to our ability to do this, we fully recognize the importar of keeping personal and account information secure. To offer you the widest range of products and sev,,ic( MBNA may share information about you both within IvIBNA and Outside of MBNA ~vith other companies. This allows us to offer you products and services thal may interest you anti Best meet your neecls, whether they are available directly from MBNA or through ou~ relationships with othei'.companies. We want you to understand our [nformatiJ'n ~afeguai'ds, what nformatl( we collect, what Informati0r~A,~ sh~i:e', and the benefits you receive when we share information ~bout you. This notice describes tl~e:privacy practices of MBN, Corporation and all MBNA affiliates, including ~BN,a America Bank, N,A., MBNA Amerlca. (Delaware), N.A., Palladian Travel Services, lac:, iv{BNA Hallmark Information Services, Inc., ivlBNA MarketiF~g Systems, Inc., and MBNA lnsdi'an~e .~g~'~/~ ln~."(dollectively, 'MBNA"), for finandal produces and services governe~ 'by the laws of the United States of America. This notice explains MBNg;s information collection and sharing practices and lets you choose whether or not MBNA may share certain Information about you, eith. within MBNA or outside of MBNA wi~h other companie Our Security Procedares: MBNA understands the importance of protecting and ~ecuring information an using it appropriately. Access.to information about yc is restricted to the people of MBNA who require it to provide products or services to you, We maintain physic electronic, and procedural safeguards that'COmply wit federal standards for the security .of information. When MBNA shares information, about you with companies outside of MBNA, we require them to . impose safeguards, use it only for a permitted purpos, and to return it to us or destroy it-once that purpose i served. We limit the amount of information shared to what is appropriate to offer a product or service effi- ciently. MBNA requires any company.receiving infor- mation from MBNA to sign a Confidentiality Agreeme~ containing these requirements and obligating that company to protect the information as we would, Information We Collect: MENA coltectsand uses nonpublic personal information about you to cond~ our business and to consistently deliver the top-qu~ Customer service you expect from us. Sources of information include the following: · information we receive from you on applications and other forms or through your correspondence o~ communication with us including through the mail, by telephone, or over the Internet: · Information we receive from third parties, such consumer reporting agencies, to verify statements you've made to us, or re~arding your emp]oymenL credit, or other relationships; and · Information about your transactions with MBNA with other companies outside of MBNA. Information We Share 'Within MBNA: We may shar, of the information we collect about you with financial s ice companies within MBNA to offer additional ptodu¢l services that may interest you and best meet your need We believe this is convenient for you and may save you information (such as name and address), transaction a experience information (such as purchases and payme credit eligibility information (such as credit repo~ts an~ applications), and other information. The decision to' chase any such products or services is yours alone. Yc may tell us not to share credit eligibility information a' you within MBNA, but please understand this does nC prohibit us from offering you additional products ant services or from sharing transaction and experience, identification, and other information within MBNA. Information We ShareVFlth Others: Fromtime time, we may allow companies outside of MBNA to you their products and services that may interest yo~ These products and services may be offered by finan service providers Isuch as banks, loan brokers, aCCOL aggregators, insurance agents, insurance companies mortgage bankers, and securities broker-dealers), by r fir~ancia[ companies (such as retailers, direct markete: communications companies. Intemet s~rvice provid~ lines, car rental agencies, hoteb, airlines, publishers and organizations endorsing MBNA financial produ or services), and others (such as nonprotit organizafi Subject to applicable law, we may share all the info tJon we collect with these companies outside of ME unless you tell us not to. Additionally, we may share all the information w co[lect with companies that perform marketing or services on our behalf or to other financial institut' with which we have joint marketing agreements. are also permitted by law to share information ab~ you with other companies in cer[afn circumstance For instance, we may share all of the information ' collect with companies assisting us in servicing yc loan or account, with companies that endorse our products and services through affinity agreements 2 with government entit.ies in response to subpoenas or regulatory requirements, and with consumer reporting alencies. 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 these additional circumstances. Important Information About Your Choice: We're dedicated to serving your needs - and to respecting your choices related to privacy. You may tell us not to share credit eligibility information within MI3H^, and you may tel] us not to share information with companies outside of MBNA that wish to offer you their products and services as described above. If you wish to opt out of such information sharing, please call toll-free 1-866-75 I-] 255. We will ask you to verify your identity and {he specific accounts to which the opt out applies, so please have ail your account, membership, or reference numbers and your Social Security number .or Taxpayer identification'number for deposit accounts MBNA applies opt out~ at tl~'a~cbu~t level, not I~y ": individual Customer. When ariy'perso~'listed with others bn an account opts out (for example, a ~b-applicant. oint account'holder, or authorized User). wa'will li~t the entire account as having opted out. MBN^ will continue to adhere to its disclosed.priyacy practices for.an acooant even if it becomes inactive or is cl6~ed." An opt oat from information sharinE on an account as described above. 'either with-in'MBNA arid/or with companies outside of ~MBNA, remains effective unless revoked in writing. Federal regulations require us'to' provide this notice on an annual b~sis,'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 again. This notice updates and replaces any previous notices from MBNA about the privacy, security, and protection of information. For additional information regarding MBH^'s'privacy:practi'ces:cenceming the: Internet, and to view the most' recent version of thfs privacy notice, Please go to ww-~.mbna.com and click on "Privacy Notice." You may have other privacy pro- tections under state laws. We may amend this privacy notice at any time, and we will inforr6 you.of changes as required by law. Words Used often in Thi~' A'~reern~nt 'A~reement" or "Credit Card Agreement" means these Additional Terms and Conditions and [he Requ red Federal Disclosures {or the Initial Disclosurei' ~nd any changes we make to those documents from time to time. "You" and "your' mean each and all o,~ the persons who are ~ranted. accept or use an account we hold. "You and "your" also mean any other person who has guaranteed payment of this accounL when used Jn the sections entitled. We and when used in each of the sections reis ing to pays this account Your Prom/ss to Pay, and How W~Allo~al~ Payr~ents, for example). "we," "us,' "our" and "MBNA America' mcan MSNA America Sank, N.A. "Card" means all the credit cards we issue to you ant any other person with autherizati~n for us~ on this pursuant to this ~reement. "Access check" means an access check we provide t0 make a Check Cash Advance on your account. ff we use a capital[zed term in this document but we define the term in this document the te~ has the mca given ~n he Required Federal Disclosures orthe initial Disclosure, or as used in your month[y statement. We use se~ion headings (such as Wo~ U~ O~n in T~ ~r~gmg~ too~ganizethis~reement. Theseus te~sdl Agreement are in the sentences ~at/oilow and not the hca, Si~n Yo~r Card We Ma~ Monier and Retard Tebphone You consent to and authotize M~NA Amed~. any ~ affiliates, or its marketln~ associates to monitor ancot n any ~ your telephone conve~ations with out reprssen~al or the representatives of any o[ those companies. Credit Rep~in~ You authorize MBNA ~erica to m[le~ in~o~ation abe you. Includin~ ~edlt mpoAs ~m consumer repo~in~ a~en If you believe we have furnished ina~urate or lnco~ information about you or your account to a credit repoKI agent, write us at: MBNA, Credit Re~Aing Agencies, R( Box 17054, Wilmln~on, DE 198~4-7054. Please indudey name, address, home phone number, and account numb~ and ~p[ain whet you believe is ~nacourste or incomplete How to Use Your Account You may obtain credit in the form of Purchases and Ca Advances by using cards, access checks, your account nur~ or other credit devices. Please refer to your Required Fed Disclosures or [nj'cia[ Disclosure to determine what transact constitute Purchases and Cash Advances and how you rnz obtain them. Transaction Date for Certain Ca~fi Advan, The transaction date for Check Cash Advances and BsIs Transfers done by check is the date you or the person to whom the check is made payable first deposits or cashes · check. The transaction date for a returned payment (a Bo: Cash Advance) is the date that the corresponding paymen posted to your account, Purposes for Using Your Account You may use your account for personal, family, or house) purposes. You may not use your account for business or commercial purposes. You may not use a Check Cash Advance, or any other Cash Advance, to make a payment < this or any other credit account with us. You may not use c permit your account to be used to make any illegal transaCt Persons Usinf~ Your Account It 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 for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount oi [hose 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. How You May Stop Payment on an Access Checg Tau may request a atop payment on an acceaa check by providing us with the access check number, dollar amount, and payee exactIy as they appear on the access check, Oral and written stop.payment requests on an access check are effective for six months from the day that we place the atop payment, You May Not Postdate an Access Checft You may not issue a postdated access check on your account· If you do postdate an access check, we may elect o honor it upo~ presentment or return it unpaid to the person presented It to us for payment, without in e thor case that waiting for the date shown on the access check We are not liable toyou for any loss or expense incurred byy(~u arising out of the action we elect to take. Your Promise to PaF You promise to pay us the amounts of all credit you obtain, which includea all Purchases and Caah Advances. You also promise to pay us ell the amounts of finance char~es, any transact ohs we charge against your account. fees other 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 made in any blll[n~ cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. If you overpay or'if there is a credit balance on your account, we will not pay interest on such amounts, '~/e will reject payments that ere not dra~vn In U.S. dollam and those drawn on a financial institution located outside of the United States. Payment of your Total Minimum Payment Due may not avoid th~ assessment of Overlimit Fees. Wh~ Your payment Will Be Credited to Your Account We credit payments as of the date received, if the payment is: ( I ) received by 2 p.m. (Eastern Time); .(2) received at the address shown in the upper leA-hand corner of the front of your monthly statement: (3] paid with a check drawn in U.S. dollars on a U.S. flnaneial institution or a U.S. dollar money order; and (4) sent in the return envelope with only the top portion ut your'statement accompanying it, Payments received a~ter 2 p.m. on any day Includini~ the Payment Due Date. but that otherwise meet the above requirements, will be credited as of the next day. Credit fqr any other payments may be delayed up to five days. How We Allocate Your Paltments We will allocate your payments in the manner we determine. linduding new transactions] with lower APRs before balano with higher APRa. This will result in new balances with a lower APR (e.g., those with promotional APR offers) being paid before any other existing balances. Promise to Pa~t Applies to All Persons Ali persons who inl0aily or subsequently request, accept guarantee or use the account are ndividua ly and together responsible for any total outstanding balance. ~Ve may ref~.~ to re[ease from liability any person who is responsible to pa any total outstanding balance, until ell of the cards, access checks, and other credit devices outstanding undefthe persons repays us the total outstanding batanca owed to us at any time under the terms of this Agreement. Default You will be in default of this Agreement ii: ( 1 ) you fail to make any required Total Minimum Payment Due by its Payme~ Due Date (2} your total autstand ng balance exceeds.your credit limit; or (3) you fait to abide by any other term of this Agreement. Solely for the purposes of determining eligibility anco purchased through MI3NA. you will be deemed.in defau[1 cr delinquent if you fall to make a payment within 90 d~ys of your Payment Due Date. Our failure tot exercise any of our rights when you default does not mean that we are un~[e to exercise those rights upon Iater default. When We May Require Immediate Paymei If you are in default we can require immediate payment of your total outstanding balance and. untess prohibited by applicable ]aw and except as otherwise provided under the Arbitration a,d L/ff~affoe section of this Agreement, we can proceeding, as well as reasonable attorneys' fees if we refer Other PaFment Terms with any restrictive writing without losing any of our rights under this Agreement. This means that no payment, includ those marked with "Paid in full" or with any other restrictive words, shall operate as an accord and satisfaction without t not use a postdated check to make a payment. If you do merit or re um t unctad ted to the person that pres~nt~d.' without in either case waiting for the date shown on the check. We are not liable to you .for any 10ss or expense' · incurred by you arising out of the action we elect to take. PaFment Holidays We may allow you, from time to time, to omit a monthly payment. We will notiIy you when this option ia available. [f you omit a payment, finance charges and any applicable fees will accrue on your account In accordance with this Agreement. You must resume making your Total Minimurr Payment Due each month fo[lowing a payment holiday. Transactions Made in Foreifln Currenc~ lion wi[I be converted by Visa International or [~asterCard International,. depending on which card you use, into a U.~ ~ dollar amount in accordance ~vith the operating regulations or .~ ?aversion procedures in effect st the tJrna that the transaction ~ provide that the currency conversion rate to,be used is either ~ Il~ a wholesale market rate or (21 s Eov~rnmen~-manda[~d ~ Jn ~ec~ one day prior to ~he prac~ssin~ date, increased by ~ percen~ in ea~ ~s~. Visa ar Mast~ard t~ta[ns this one percent ~ ic~, The curr~n~ conversion ra~e in ~f~¢~ on the proc~ss[nE ' da~e may d~er ~r~m ~he ra~ in effect on th~ ~ransa~[on or the pas~[n~ da~e. Billin~ CFcle Your biJiin8 ~cle ends each month on a Closing Date de,ermined by us.. Each biiiin~ ~cle begins on the day aher ' the CIosin~ Date'o~ ~he previous billin~ ~cle. Each statement Account Fees: The ¢ollowin~ fees. wh ch are set fo~h on your ., Required Federal Disci0s~res or. lnitia D sc osure, arecharged '.~ as Purchases in ~he billing' ~cie in.which ~he fees ac~: ' ~ (li.a Late Fee if the Total Minimum Payment Due shown on ~1 Paymen~ Due. Date~- ~ji 12) an Overlimit Fee i['~ur New. Balance Total exceeds .~. credit limit on the last day ~ a billln~ ~cle even ~ fees ~or account as of ~he day Jn the billin~ qde that your total out- standin~ balance on your. a~ount ~ceeds your credit limit: I~) a Returned Paymefi~:F~e:if a payment owyour ~ccount is It is'paid upon subsbq'u~n~presentment: 143 a Returned C~sh ~d~afice ~heck F~e if we ~etum an access . check unpaid ~or any ~sbq. ~ven if the access check Is paid. upon subsequen[ presen~men~ .' ' 15) a Copy Fee for each copy ~ a monthly s~atement or sales six sales drafts will b~rovided for Iree; and . (~) an Annual Fee if your account is open or i~ you maintain an account balance, whether, yo0 ha~e a~tive char~jn~ privileges. Abandoned Prope~ Char~ Units prohibited by applicable . in~ed by us assodated'with compl?ing with ~ate abandoned prope~ laws. · Please review you~ Required Fed;roi bisclo~res or l~itia[' Disclosure ~ot add onal ~ees and char~es t~a~ may apply your accounL · We may offer you ce~in benefits and se~ices with your a~unt. Unless ~pres~ly made a'pa~ ogthis ~memenL any su~: benefits or so,ices are not~ pa~'o~ this ~mement. but are SUbleCt to the te~s and restti~ oas out in~ in the bene~ bmchur~ and other official documents prov d~ to you ~om time to time by or ~n behaff o MBNA'AmeH~. We may adlust. add. or delete benefits and se~ices at any t me and without ' R~s~J to Honor Yo.r Acco,~t This can include a re~use[ to honor your card or account number or any check ~vritten on your account, We are not liable for 7 any retention o~your card by us, any other bank, orsny provider of goods or services. We Ma~/Suspend or Close Your Accour, time and for any reason. Your obligations under this destroy aH cards, access chec~ or other credit devices You Ma~ Close Your Account You may close.your account by noticing us in.writing telephone, and destroying all cards, access checks or credit device~ on the account. Your obligations under Agreement continue even after you h~ve.d~ne this. Transactions Afler Your Account Is Cf0: When your accouni is closed, you must contact anyone authorized to charge transactions to your account, such as interest service providers, health clubs or Inau~nce cornp~ These transactions may cont hue' to be charged ~o your =rr~lnt ,,nril ~ou chanae the b Ilin~, Also, itwe belie~. have authorized a transaction or are attempUng to us~ y, account alter you have requested to close the account, may allow the transaction to be charged to your account We MaF Amend This Agreement We may amend this Agreement at any time. We may amend [t by adding, deleting, or'changing provisions of Agreement. When we amend this Agreement we will cot with the applicable notice requirements of federal and. Delaware [aw that are in effect at that. time. If an amend gives you the opportunity to Feiect the chahge, and f you the change in the manner provided in such amendment. may terminate yohr right to receive credit and mayask y return ali credit devices as a con'd[tlon of your rejection. amended Agreement (including any higher rate or other charges or fees) will apply to the total outstanding balar including the balance existing before the amendment becan effective. We may replace your card with anothe card at We MaF Sell Your Account We may at any time, and without notice to you, sell, i or transfer your account, any sums due on your account, Agreement, or our rights or ubllgations under your acco~ this Agreement to any person or entity. The person or e to whom we make any such sale. assignment or transfer be entitled, to all of our rights and/or obligations under I Agreement, to the extent sold, assigned or transferred. Your Credit Limit Your credit limit is disclosed to you when you receive card and. generally, on each monthly statement. We m~ change your credit limit from time to time. The amount shown on your monthly statement as Ca Credit Available does not take into account any Purchas Cash Advances, finance charges, fees. any other transacl or credits which post to your account after the Closing [ of that monthly statement. Such transactions could re~ 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 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 authorizations) exceeding your credit limit, we may: (l) permit the transaction without rags ng your cred t limit; (2) permit the transaction and treat th~ amount of the transaction that is more than the credit limit as Immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the transaction that it has been refused· If we refuse to pe~rnit a Check Cash Advance or Balance Trensfer. we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused, that th&e are Insufficient funds to the Check pay Cash Advance er Balance Transfer. or in any other manner. If we have previously ps,iRed you to exceed ~u~.~edfi limit. it does ncr mean that we will pe~it you to ~es~ your cr~it limit again. If wedeci~e to pe~ityouto~ceed~ur~edt imf. we may charge an Ore,limit Fes as provid~ tn thi~ ~reement. unauthorizedlu~e of your account at 1-800-42 -2 I0. You Must Netify Us When You Change Your Address Please notify us Immediately of the loss, theft, or possible We strive to keep accurate records for your benefit and ours. The post office and othem may notif7 us of a change to your address. When you change your address, you must natibj us promptly of your new address. What Law Ap~li~s This Agreement is made in Delaware and we extend credit to you from 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 Provisions o'f This Agreement are Severable If any provision of this Agreement is found to be Invalid, the remaining provisions will continue to be effective. Our Rights .Continue Our failure or delby'in exercising any of our rights under this A~reement does not mean that we are unable to exercise those rights latin Arbitration.and Litigation This Arbitration and Litigation provision applies to you unless you were given the opportunity to reiect the Arbltreticn and Litigation provisions and you did aa reiect them in the manner and timeframe required. Ifyou did reiect effectively such a provision, you agreed that any litigation brought by you against ua regarding this account or this Agreement shall be brought in a court lacated 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 ef the other, arising from or relating in any way to this Agreement or any prior Agreement or 7our account (whether under a statute, in contract, tort. or otherwise and whether for money damages, penalties or declaratory or equitable relief), including 9 Claims regarding the applicability of this Arbitration and Litigation Section or The validity of the entire A~reement o any prior Agreement, shall be resolved by bindin~ .rbit,rati, The arbitration shall be conducted by the National Arbitrat Forum ("NAF'). under the Code af Procedure in effect at the ti the Claim is filed. Rules and forms of.the National Arbitrat[o~ Forum may be obtained and Claims may be fi~ed at any Notre Arbitration Forum aff~ce, ~arb-forum corn or RO. Box ~[nneapolis, M~nnesc~a ~5403, telephone ]-800-~74-237h NAF is unable ar unwiHin~ to act as a~bitratar, we may stkute another nationally recognized, independent arbitrat organization that uses a s~milar code o~ procedure. At you written request, we wi]l advance any arbitration [JJin8 lee. administrative and hearJnB ~ees which you are r.quir~d to pay to pursu~ a Claim in arbkration. The arbitrator decide ~ho will be ultimately responsible ~or payJn8 those ~ees. In no even~ will you b~ required to reimbu~e us Jar arbitration filing, administrative or hearin~ fees in an amo~ Er~a~er than what your cou~ costs would have been If the Claim had be~n resolved in a s~at~ cou~ ~i~h iurisdimian, ~y arbitration hearinE at which you appear.will take p]ac~ within ~he [ederal udicJal distrim ~hat incl~des your bi address at th~ time the Claim is filed. Th'is a~bitratlan commerce and shall be {ovemed by the Federal Arbitratiol A~, 9 U.S.C, ~ ]-16 ("F~"). ludEme~ u~n a~ arbi~a~ic award may b~ enter~ in any cou~ havin~ ~urisdi~ion. The and shall honor any claims ar pfivileg~ r~a{nized by taw..1~ No Claim submi~ed t~ arbitm~ion ~s heard by a iu~ sale o~ the debt by'us. all of ~hem. Addi~ienslly,' "we' or "US' shall m~an any thirc companits, deb~ colle~ors and ali oF ~heir o[flctrs, dir~c named by you as a ca-de~endant in any Claim.~ou ass~ iHAVE BEEN TRIED BEFORE, A JURY:AS Cbc. SS ACTIONS OR. lAS PRIVATE A'FORNEY GENERAL ACTIONS. ~CREDIT INSURANCE BENEFITS, LIMITATIONS, COSTS & EXCLUSIONS !CON~UNIER PROTECTION.DISCLOSURES · · i CREDIT INSURANCE IS: NOT A DEPOSIT;NOT FDIC- : INSURED; NOT INSURED BY ANY FEDERAL GOVERNMENT iAGENCY; AND NI~T GUARANTEED BY THE BANK~... i PURCHASE. OF CREDIT INSURANCE IS NOTA CONDITION' iOF OBTAINING CREDIT. IF COVERAGE IS DESIRED, IT MAY BE PURCHASED ELSEWHERE. : Credit Insurailce pays your mlnlr~um monthly payment" i up to your balance on the'dai~ df 10ss not to exceed $25.000 Jexcept disability in MN}, until yet) returh to work" if you are J in¥c:luntarily unemployed, totally disab]e~, or ii' you or you~ Jspouse tak6s covered family leave: C~dit Insurance also pays you~ insured outstandin~'~alance up to th~ least of you~ outstand nE balance, your credit imit (not AL, ~, AR, DE, WA, ~ & ~). or $25.000 if you die. ~ Efi~lbill~: One insured per account (insured mu~tbe the e Igib e). under age 66 (70 In ~, NV & VA; 71 in fiE,' GA,' MO & OK: 72 In NM), Your coverage ends at these same ages · (except family leave in ~. FL & SD & unemployment. When enrolled, ce~ificates will be mailed explaining your coverage & effe~ive da e, In MN, unemployment coverage s effe~ 61 days [rom your ce~ifi~te effe~ive date. For unemployment or [amily leave benefits, you must'be gainfully empJoye~ ' working at least 30 hrs~wk Inet seff-employ~ ar an Iffdependent contramor) lot 90 consecutive days before the date of loss ' [' CO - before appllcatiofi date). (PA - on the date of [~X - be ore coverage effective date lot unemploymentJ .Employees of professional co~orat~ons may be eligible. J death: involunta~'unemployment due toiob loss, general strike, unionized labor dispute; or Io'ckou~;'totaJ disability due to sickness or injuw il you are un~ble to perform the material & substantial duties el your job {or any job after 12 mas. in PA; 18 mos. in AL, ~, AR. ~A, DE, DC, GA, HI. ID, IL, IA, KS, ~, MD. MN. MS. NV. TNL,N D. OH, OK, RI. SD, TN. ~. WA, child or an incapacitat~ immediate ~amily member (m~st be spouse, child, stepchild or parent in ~); mandato~ ~call to active mflitau duty: juU du~ [except in ~); or residen¢~ in a federally declared disaster area. Loss (not death).mus~ J continue at ]eas~ 30 days be~6re benefits begin, In NY. for., ; strikes..unionized labor disputes & lockouts, you must ~ unemployed for 7 consecutive weeks & quall~ f6t state unem- j plbyment benefits before benefits be~in. A daily benefit ~ paid lot ~ach day el loss over 30 da~ [0r unemployment ; NY & PA, and disabi]i~ In ~, ~. GA. NY. MI, PA, RI i You may cancel this coverage at any t~me. I[ canceled within ~ the first 30 days of coverage, all premiums will ~ refunded. ~, ~cluslons~ Life: suicid~.iffthe first 6 months;of ~yerage (not MD & MO). Involunta~ Unemp oyment re i~ment t resignation, voJunta~ forfeiture of income or job loss ~ue J willful or criminal misconduct, di~bili~, strikes in 'IL, milita~ : discharge in NY & normal seasonal ~nemployment in'TX. ; Oisabili~: normal pregnan~ or childbi~h Ino~ ~. MA & NV). ; intentionally serf-inflicted iniuries (not MD). or ~ pre-existing ~medica[ condition during first 6 months of coverage (net Family leave benefits are not paid If you are eligible [or receiving unemployment benes'its or are disabled. This is only a brio .description of coveraga, and coverages vary by state. Pleas~ refer t? your certificates fora Costs ~pply to Life (L], Disability (D), Unemployment (U) Family Leave (F): AL 54.5c; AK 78c; ~ 99.9c; AR 99c; 89.9¢: CO ~0.66¢: CT 42.89c;DE 99,9c; DC 99.9c; FL 89¢; GA 90.8¢: HI 89.91c: ID 99.~¢ (L ~:~c, D ]6.9c, U 54d, 80,97c: IN 96c; IA 97.8c (L 7,'2c~ D 16.6C, U 54¢, F 20C); KS 85.47¢: KY 97.4¢; ~ 99.93c: ME ~3.05¢;'MD 79.74c; MA 1~,7¢: MI 8~.7c; MN 31.47¢; MS 92.5c: MO 61.1¢: MT 93.9¢; NE 9D.8¢; NV 99.87c; NH 95c: ~ 97c: NM ~8.9c; NY 5ZSC (L 8.8c, D 26,8c, U 16,9¢); NC 71.~C; ND 94.97c; OH 99.9c; OK 97,47c; OR 80.8¢: PA ~8.1¢; PR 99c} RI 99,8¢; SC 78, B¢: ~D 99.9¢; TN 92,~¢; TX 33.7c (L 4,8¢, D 12.9c, U 16c): UT 90.44C; ~ 34.92c (L 6.68c, D 12.24¢. F 16¢]: VA 84c (L 6.1C, D 8.9c, U 49c, F 20c); WA 89.39c; ~ 99.Dc; WI 9~.6c (L ~,7¢, D 8.9c, U 59¢, F 20c] & ~ 99.Tc. Availabili~: Involunta~ Unemployment is nat available MA ar ~. Family Leave is not available In ~, CT, ~, MN, NM, NY, PA, or~. Under~ritine Comoanies/Pollcv: Involuntary Unemployment: American Secudty/LOl(5/85), LOI NY(3~3), ~ LOI ~(I 1~9), LOIC-IP-KD(~6), and LOIC-IP: Standard Guaranty~G LOI (5/8~) (NH only). Li~e & Disabili~: Union Secufl~ Li[~-I-Z, L-S-G in AL, AR, DE. DC, ID, IL, ~, K~. ~, MD. MN, MS, NV, ND, OH, RI, SD, ~,.WA. ~ ~ ~; Standard Guamn~ Life (~ only)/ L-I-Z(~92)(3.~3~). Fimt Fo~is bile (NY Life only)~YL~00 American Securi~ (NY Disabili~ only)~-S.A, Fo~is Insurance (ME only)~-X-A. Family Leave: America Secur[ty/FLP (4/97). FLP-FL(I~7) In FL, FLP-NC (~98J in NC, FLP-OK(4/~7) in OK, FLP-VA(~8) In VA, FL-IP(~)(7/gSJ ~, FL-IP(4~TI in IL & IN, FL-IP-~ (1~97) In ~. FL.IP-M~ (4~9) in ME; FL-IP-~(4~7) In ~; Standa~ Guamn~/FLP (4/~7) in NH; Union Securt~ Lif~P-~(4~7) in ~. Solicitint agents for Mississippi and Florida are Charles M. Gordon and Pamela CuKis mspe~ively. The creditor may receive compensation in connexion this offer It is a crime to provid~ false or misleadin~ information to Insurer for the purpose of defraudln~ the insurer or any other person. Penalties include imprisonment ancot fines. In additio~ an insurer may deny insurance benefits if false in[ormatlon meterially related to a claim was provided by the applicant. 'Less past due and over credit limit amounts. In MI, cover, a~e pays 5% of the balance on your date of disabill~ up to S 12~0. In OR, coverage pays the.greater of l~6th o[ the bal- ance or the current minimum peyment due on your date loss. In NY& PA, coverage pays the minimum payment due an you r date of loss. In ~. coverage pays the ~reater of your insured outstanding balance on your date of unemploy- ment or your minimum month[y payment. "The number o~ monthly benefit pa~ents will not ~ed 9 [or [amily leave: 12 for unemployment in ~, ~, CT, IL, Mh MH MO, NM, NC, NY, P~ 5C & ~: 12 for disabili~ ~, ~, ~, MO, MT, NE. NH, NM, NC. OR, SC, ~ &VA. NY, NI & TX Residents Only: To purchase coverages separatell write to Assurant Group, R O. Box ~035~, Atlanta, GA 30302. Applications will ba sent to you. 12 2/9/01 MBNAULOI (MBNA- L/D/Uncapped LOVFb) 2~000 DISC--101 MBNA Amedca® and GoldPlus® are federally registered servic mar~s of MBN^ America E~an~, N~.. ~ © 2000 MBNA America Bank. N~,. AGMT90 (~evised 4/2001) EXHIBIT "B" 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), Nancy M Rogers 1552 LINDSAY LOT RD Shippensburg, PA 17257-8593 iii NATIONAL ARBITRATION FORUM ® AWARD MBNA America Bank, N.A. v Nancy M Rogers File Number: FA0208000122787 Claimant File Number: 4264296336001968 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: 1. That no known conflict of interest exists. 2. That on or before 08/23/2002 the Parties entered into an agreement providing that this matter shall be resolved 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. 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 $8,234.89. Entered in the State of Pennsylvania I(a,~al~n'-~D~err-B annon, Esq. Arbitrator Date: 12/09/2002 ACKNOWLEDGEMENT This Award was duly entered and delivered to the parties on this date. Honorable Harold Kalina Director of Arbitration 12/09/2002 LONNIE GROSS, SR., Plaintiff V. MEGHANN K. STACK, Defendant IN THE COURT OF COMMON PLEAS OF: CUMBEIq',LAND COUNTY, PENNSYLVANIA NO. 03-2664 CIVIL TERM CIVIL ACTION - LAW iN CUSTODY AND NOW, this I 3~ ORDER OF COURT day of August, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. ~. The parties, Lonnie Gross, Sr. and Meghann K. Stack, shall have shared legal custody of the minor child, Brian T. Stack, born May 18, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. 2. ~. Mother shall have primary physical custody subject to Father's rights of partial physical custody which shall be arranged as follows: A. ~. August 4 and August 5, 2003 from 4:00 p.m. to 6:00 p.m., August 11, 2003 and August 13, 2003 from 4:00 p.m. to 6:00 p.m. These periods of custody shall occur at City Island, or in the event of rain, Chuck-E-Cheese at Union Deposit; August 28 and August 29, 2003 from 4:00 p.m. to 6:00 p.m. at Chuck-E-Cheese. NO. 03-2664 CIVIL TERM B. Se_.~ember 2003. September 2 and September 4, 2003 from 4:00 p.m. to 6:00 p.m., September 8 and September 10, 2003 from 4:00 p.m. to 6:00 p.m. Mother shall not be present for visit.,; occurring September 15, 2003 and after. September 15 and September 16, 2003 from 4:00 p.m. to 6:00 p.m., September 20, 2003 from 9:00 a.m. to 7:00 p.m. Effective September 22, 2003, Father will have custody each Monday and Wednesday from 4:00 p.m. to 7:00 p.m. on alternating weeks. Effective September 29, 2003, Father will have custody on Monday and Tuesday evenings from 4:00 p.m. to 7:00 p.m. alternating with the MondayNVednesday schedule. C. October 2003. Father will have custody on October 4 and October 18, 2003 from 9:00 a.m. to 7:00 p.m. On October 5 and October 19, 2003 from 1:00 p.m. to 6:00 p.m. Father will provide transportation incident to the Saturday custodial visits in October. Mother will assist with transportation with the Sunday custodial visits by meeting Father at the Sheetz near his home at the conclusion of his Sunday evening visits. D. Effective October 31, 2003, Father will have custody on alternate weekends from Friday at 4:00 p.m. until Sunday at 5:00 p.m. Beginning October 6, 2003, Father will have custody each Monday from 4:00 p.m. to 7:00 p.m. With regard to transportation on alternate weekend visits which begin on October 31, 2003, Mother will assist with transportation by meeting Father at the Sheetz at the beginning of her custodial period. 3. Mrs. Gross shall not be present at custodial exchanges in the absence of an emergency which would require Mr. Gross to be absent and therefore unavailable to participate in the custodial exchange. 4. The parties may modify this Order by their mutual agreement. In the absence of their agreement, the terms of this Order shall control. 5. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence or earshot of the child and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the child. NO. 03-2664 CIVIL TERM 6. _Holidays. The parties will share custodial time on the following holidays as described in greater detail below: A. Mother's Day/Father's Day. Mother shall have custody from 9:00 a.m. to 5:00 p.m. on Mother's Day; Father shall havE., custody from 9:00 a.m. to 5:00 p.m. on Father's Day. B. Easter, Memorial Day, Independence Day, and Labor Dav. In odd-numbere~l years, Father will have custody for Memorial Day and Labor Day and Mother will have custody for Easter and Independence Day. In even- numbered years, Father will have custody for Easter and Independence Day and Mother will have custody for Memorial Day and Labor Day. C. ~. Thanksgiving shall be shared on an NB schedule. Segment A shall be from Thanksgiving eve at 5:00 p.m. until Thanksgiving Day at 3:00 p.m. Segment B shall be from Thanksgiving Day at 3:00 p.m. until the Friday following Thanksgiving at 10:00 a.m. In odd- numbered years, Mother will have Segment A and Father will have Segment B. In even-numbered years, Father will have Segment A and Mother will have Segment B. D. Christmas. In 2003, Father's custodial period for Christmas shall occur on December 30, 2003 and December 3'1, 2003. Christmas shall be shared on an NB schedule. Segment A shall be from December 24~h at 6:00 p.m. until December 25th at 4:00 p.m. Segment B shall be from December 25th at 4:00 p.m. until December 27th at 10:00 a.m. To begin in 2004 and subsequent even-numbered years, Mother will have Segment A and Father will have Segment B. To begin in 2005 and subsequent odd-numbered years, Father will have Segment A and Mother shall have Segment B. E. The Holiday schedule will take precedence over the regular schedule. 7. .Vacation. Each parent shall be entitled to up to twenty-one (21) days of custody for vacation each year, not more than twelve (12) of which shall be consecutive. The parties will provide each other with, at minimum, sixty (60) days notice of their intended NO. 03-2664 CIVIL TERM vacation plans. In the event that the parties have scheduled a conflicting or overlapping vacation schedule, the party first providing written notice to the other parent shall receive choice of vacation time. Dist: ~/~avid J. Natan, Esquire, 53 N. Duke Street, Lancaster, PA 17602 vAnthony T. McBeth, Esquire, 407 N. Front Street, Harrisburg, PA 1710'! Og LONNIE GROSS, SR., Plaintiff V. MEGHANN K. STACK, Defendant AU~I~ 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2664 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME Brian T. Stack DATE OF BIRTH May 18, 2002 CURRENTLY IN THE CUSTODY OF Mother 2. A Custody Conciliation Conference was held on July 30, 2003 with the following individuals in attendance: the Father, Lonnie Gross, Sr., and his counsel, David J. Natan, Esquire; the Mother, Meghann K. Stack, and her counsel, Anthony T. McBeth, Esquire. The Conference was scheduled following Father's June 5, 2003 filing of a Complaint in Custody. 3. The parties reached an agreement ~'~e fo~")of an Order as attached. Date~ f ' - Meli~s-'~Peel Greevy,/Esquire Custody Conciliator :216773 IN THE COURT OF COl'41vlON PLEAS OF CUI~BERLAND COUNTY, PENN SYLVAN IA I',IBNA AI'4ERICA BANK, N.A., : No. 03-2660 Plaintiff : : vs. : CIVIL ACTION-LAW : NANCY ROGERS : Defendant : STIPULATION OF ]UDGIvlENT AND NOW, this fifteenth day of July, 2003, come the parties to this action, by and through their respective counsel and/or individually, and hereby stipulate and agree as follows: 1. On December 9, 2002 an Arbitration Award was entered by National Arbitration Forum on behalf of Plaintiff and against Defendants to this action. A true and correct copy of the National Arbitration Award is attached hereto and incorporated herein by reference, as if set forth in full. 2. The total amount due and owing from Defendants to Plaintiff pursuant to the attached Arbitration Award is the sum of Eight Thousand Two Hundred Thirty-Four and 89/100 ($8,234.89), plus interest and costs incurred in this action for a current total indebtedness of Nine Thousand Three Hundred Seventy-Five and 69/100 ($9,375.69) Dollars. 3. The parties hereto, by and through their counsel or individually, agree to the entry of Judgment in the amount of Nine Thousand Three Hundred Seventy-Five and 69/100 ($9,375,69) Dollars, plus costs incurred in this action. 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 Plaintiff VS. NANCY M ROGERS Defendant No. O3-2660 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK 1. Amy F. Wolt'son, Esquire, being duly sworn according to law, depose and say that 1 am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of nay knowledge, infimnation and belief Defendant, NANCY M ROGERS, above named, is over 21 years of age; is last know to reside at 1552 L~DSAY LOT RD, SHIPPENSBURG, PA 17257-8593, CUMBERLAND County, Pennsylvania; is not in the militau service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. Attorney ~r the Pl~iff Attorney lDg 870~ Wolf~on & Associates, P~C~ ' " ~ '-. 267 East Market Street York. PA 17403 SWORN and SUBSCRIBED to before me this ~ day of~ .t~,l'~t- ,20~d~. Iotaiy l'~,blic. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. No. o3-2660 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff VS. NANCY M ROGERS Defendant CERTIFICATE OF RESIDENCE I, Amy F. Wolt~on, Esquire, Esquire, due hereby certi~ that the last known address of the above referenced Defendant is as follows: NANCY M ROGERS 1552 L1NDSAY LOT RD SHIPPENSBURG,PA 17257-8593 Date: Respectful submitted, York, PA 17403 (717) 846-1252 ID No. 87062 Attorney tbr Plaintiff IN THE COURT OF COMMON PLEAS OF CUNMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff VS. NANCY ROGERS Defendant No. 03-2660 CIVIL ACTION - LAW NOTICE OF JUDGMENT ( x ) Notice is hereby given that a ]UDGMENT BY STIPULATION in the above- captioned matter has been entered against you in the amount of Nine Thousand Three HuJ3~dred Seventy-Five and 69/100 ($9, 375.69 Dollars piusinterest, on~'-'~t~_~O:/)~/'lC~3~r ~2,20 ( X ) A copy of ali documents filed with the Prothonotary in support of the within judgment is/are attached. by: If you have any questions regarding this Notice, Prothonotary Civil Dwision ff~~I~ c°ntac h:n~/~ iork, PA 1~403 (717) 846-1252 (This Notice is given in accordance with Pa.R.C.P. 236.) NOTICE SENT TO: NANCY ROGERS 1552 LINDSAY LOT ROAD SHIPPENSBURG, PA 17257-8593